To apply up for our affiliate sales program, click here.
Affiliate Sales (referral) Agreement Terms and Conditions
The following terms and conditions (this ‘Agreement’) is a legal agreement between us (‘Company’) and you (‘You’ or ‘Your’), the user of the website (the ‘Site’). You and Company may also be individually referred to herein as a ‘Party’ and collectively as ‘Parties’. You agree to use the Site and any additional services offered by Company in the future only in accordance with this Agreement. Company reserves the right to make changes to the Site and the terms and conditions of this Agreement at any time. Your continued use of the Site after any such modification and notification thereof shall constitute your consent to such modification.
Affiliate Sales Program
You will be paid 20% of the all Qualified Deals’ total recognizable value per month. Payments will be made via Direct Deposit, Net 15 from close of calendar month.
You will be issued an affiliate identifier upon your acceptance as an affiliate.
Qualified Deals are defined as:
- Deals for which a client uses your affiliate identifier during checkout, or on the sales contract.
- Affiliate brings sales ‘ready to close’ to Company
- Company will provide basic contract processing support. All sales activity must be completed by the Affiliate.
- The Company may designate other deals as qualified deals at its sole discretion.
You will be paid per the occurrence of a payment Event. Parties understand and agree that payment will be owed to Affiliate from Merchant on terms of NET 15 EOM. All accounts will be paid in US dollars ($US). Every Affiliate account must have a unique, valid taxpayer identification number (TIN) or valid Social Security number. All payments are based on actual figures as defined, accounted and audited by Company.
In the event Company fails to receive payment due from Customer it shall have no payment obligation to Affiliate. If Customer does not pay on time, Company will notify Affiliate and Affiliate will make its best efforts in matters related to collections. Company will not pay for any Events that occur before a Program is initiated, or after a Program terminates. Invoices submitted to Company and payments made to you shall be based on the Events and corresponding Bounties as reported by Company. Company will not be responsible to compensate You for Events that are not recorded due to Your error.
This Agreement shall commence upon Your acceptance and remain in effect until terminated. This Agreement may be terminated by either Party upon three (3) days’ notice. This Agreement shall terminate immediately upon the dissolution or insolvency of either Party. Company reserves the right, in its sole and absolute discretion, to terminate a Program at any time for any reason. Termination notice may be provided via e-mail and will be effective immediately. All legitimate moneys due to Affiliate will be paid during the next billing cycle. If Affiliate defrauds the system, then payment is revoked as determined solely by Company.
4. Representations and Warranties.
- You agree not to send Unsolicited Commercial Email (i.e., SPAM). You cannot post any specific messages to newsgroups, chat rooms, bulletin boards or any other places unless expressly approved in writing from Company. You can post messages which are generic in nature and do not mention any specific client or offer, which are expressly approved in writing from Company;
- You agree not to promote via website or link to websites containing any pornographic, racial, ethnic, political, software pirating (e.g. Warez) or hacking, hate-mongering, or otherwise objectionable content;
- You agree not to engage in any illegal activity, in accordance with Federal Law, whatsoever, is not allowed;
- You own or have the legal right to use and distribute all content, copyrighted material, products, and services displayed on Your Media; You agree to not use deceit when marketing Advertiser’s offers or presenting these offers to consumers; You have the right, power, and authority to enter into this Agreement and grant the rights specified herein;
- You acknowledge that Company does not represent, warrant, or make any specific or implied promises as to the successful outcome of any Programs;
- If any errors or undesirable results occur due to no fault of Company, Company shall not be responsible for losses and You may not be compensated.
5. Customer Information; Non-Disclosure.
All information submitted by end-user customers pursuant to a Program is proprietary to and owned by Company or its affiliates. Such customer information is confidential and may not be disclosed by Company. In addition, You acknowledge that all non-public information, data and reports received from Company hereunder or as part of the services hereunder is proprietary to and owned by Company. All proprietary information is protected by copyright, trademark and other intellectual property law. You agree not to reproduce, disseminate, sell, distribute or commercially exploit any proprietary information in any manner. These non-disclosure obligations shall survive the termination of this Agreement.
You shall indemnify, defend and hold Company harmless from and against any and all claims, allegations, liabilities, costs and expenses (including reasonable attorneys’ fees) by third parties arising out of Your: (a) improper use of the Site; (b) improper operation of a Program; or (c) breach or violation of this Agreement. Company shall indemnify, defend and hold You harmless from and against any and all claims allegations, liabilities, costs and expenses (including reasonable attorneys’ fees) by third parties arising out of any actual infringement of intellectual property rights resulting from Your display of Company’s advertising creative provided in connection with operating a Program.
7. Assignment and Jurisdiction.
Company may assign this Agreement to a subsidiary or business successor. You may not assign this Agreement without the prior written consent of Company, which shall not be unreasonably withheld. This Agreement shall be construed and governed by the law of the state of Nevada. You expressly consent to the exclusive venue and personal jurisdiction of the state and federal courts located in Clark County, Nevada for any actions arising from or relating to this Agreement.
If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
9. Force Majeure.
Neither Party shall be liable to the other by reason of failure or delay in the performance of its obligations hereunder on account of Acts of God, fires, storms, war, governmental action, labor conditions, earthquakes, natural disasters, interruption in internet service or any other cause which is beyond the reasonable control of such Party.
10. Attorneys’ Fees.
Company shall be entitled to an award of its reasonable costs and expenses, including attorneys’ fees, in any action or proceeding arising out of this Agreement.
This Agreement contains the sole and entire agreement and understanding between the Parties relating to the subject matter herein, and merges all prior discussions, whether through officers, directors, salespersons, employees or consultants. Each Party is an independent contractor and not a partner, joint venture or employee of the other. All notices shall be sent to the addresses submitted by You when signing up for the service by certified mail, fax, email or courier.
Company reserves the right to change any conditions of this contract at any time, with or without notice.
12. IMPORTANT NOTICE: The Can Spam Law
Affiliates must comply with The CAN SPAM Act which regulates the form (what information must be included and the required format) commercial email must take. Specifically, The CAN SPAM Act requires that all commercial email contain the following:
- Clear and conspicuous identification that the message is an advertisement or solicitation, if the email is unsolicited
- Clear and conspicuous notice of the opportunity to opt-out
- A truthful subject line.
- A functioning mechanism to opt-out.
- A valid postal address for the sender.
- Labeling of unsolicited sexually explicit material.
You agree that for the Term of the Agreement and one year following termination of the Agreement, Reseller and its ownership affiliates will not create another entity, nor will any officer serve as an owner, consultant, or employee to another entity that creates, designs, or offers for sale services competitive to TSS.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed under ‘Limited Right to Use’ below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting by Total Social Solutions LLC of information or materials on the Site does not constitute a waiver of any right in such information and materials.
Copyright and Service Mark Information:
All trademarks are the property of their respective owners