Referral Partner Agreement
PLEASE READ THE ENTIRE AGREEMENT and SIGN.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND The Sustainable Collaboration Group
(and https://sustainablecollaboration.co/) BY SUBMITTING THE ONLINE APPLICATION
YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF
THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY
TERM AND CONDITION.
1. Overview of the Affiliate Partner Agreement
This Agreement contains the complete terms and conditions
that apply if you would like to become a partner in the
Https://sustainablecollaboration.co/
Partner Program.
Please note Sustainable Collaboration Group uses affiliate
tracking software in order to track sales and payments and to facilitate the
payment process for partners. As such, the term Affiliate Partner is also used
in this agreement to refer to partners.
Also note that throughout this Agreement, "we,"
"us," and "our" to refer to Https://sustainablecollaboration.co/,
and "you," "your," and "yours" to refer to the
affiliate partner.
This program is free to join and there are no minimum sales
requirements.
Program Summary:
1.1 Commissions are earned at a rate of 40% per valid, verifiable sale; 1.2 The sale of yearly program means 40% will be paid each year and upon renewal if it is a product that can be renewed and unless otherwise stated and as long as the
customer is in good standing;
1.3 The sale of a monthly program means 40% will be paid each month as long as the customer is in good standing; 1.4 When the partner makes a referral to a valid new referral partner, the partner can also earn 10% of the partners’ sales on a monthly or yearly basis depending on the product that is sold (i.e. monthly membership or
yearly membership);
1.5 Commissions are rewarded on a first referred basis. That means the first person who made the initial referral is awarded the commission. 1.6 Cookies will not be made to expire by the company for 365 days; 1.7 Eared commissions will be approved and paid monthly and paid out by the 15th of the month following the month of the sale; 1.8 In order to receive your commissions, you must have a valid PayPal account, which can be updated at any time within your account area and you must provide an updated W9; 1.9 Commissions older than six months that have been approved yet unclaimed will be cancelled;
1.10 Commissions cannot be earned on one’s own account. That
is, self-referring cannot be made for the purpose of getting a discount;
1.11 We monitor and track and audit referrals to assure
accuracy and prevent fraud. We reserve the right to claw back commissions if we
find errors or agreement-related violations;
1.12 You can download your 1099 in your PayPal for United
States tax purposes.
2. Affiliate Obligations
2.1. To complete the enrollment process, you will complete
and submit the online application in the Sustainable Collaboration Group Partner
Center. We reserve the right to reject your application at our sole discretion.
And we may have to cancel your application if we determine that your site is
unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age 2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe
on any copyright, trademark or other intellectual property rights or to violate
the law
2.1.6. Is otherwise in any way unlawful, harmful, threatening, defamatory,
obscene, harassing, or racially, ethnically or otherwise objectionable to us in
our sole discretion.
2.1.7. Contains software downloads that potentially enable diversions of
commission from other affiliates in our program
2.1.8. If you copy our website. You may not create or design your website or
any other website that you operate, explicitly or implied in a manner which
resembles our website, nor design your website in a manner which leads
customers to believe you are Https://sustainablecollaboration.co/or any other
affiliated business. 2.1.9 If you spam
2.1.10 If you are not FTC compliant
2.2. As a member of Https://sustainablecollaboration.co/'s Affiliate Program,
you will have access to an Affiliate Account Manager. Here you will be able to
review our Program’s details and previously-published affiliate newsletters,
download HTML code (that provides links to web pages within the Https://sustainablecollaboration.co/website)
and banner creatives, browse and get tracking codes for our coupons and deals.
In order for us to accurately keep track of all guest visits from your site to
ours, you must use the HTML code that we provide for each banner, text link, or
other affiliate link we provide you with.
2.3. Https://sustainablecollaboration.co/reserves the right, at any time, to
review your placement and approve the use of Your Links and require that you
change the placement or use to comply with the guidelines provided to you. 2.4.
The maintenance and the updating of your site will be your responsibility. We
may monitor your site as we feel necessary to make sure that it is up-to-date
and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual
property and other laws that pertain to your site. You must have express
permission to use any person's copyrighted material, whether it be writing, an
image, or any other copyrightable work. We will not be responsible (and you
will be solely responsible) if you use another person's copyrighted material or
other intellectual property in violation of the law or any third party rights.
2.6 You must remain FTC compliant.
3. Https://sustainablecollaboration.co/Rights and Obligations
3.1. We have the right to monitor your site at any time to
determine if you are following the terms and conditions of this Agreement. We
may notify you of any changes to your site that we feel should be made, or to
make sure that your links to our website are appropriate and to notify you of
any changes that we feel should be made. If you do not make the changes to your
site that we feel are necessary, we reserve the right to terminate your
participation in the Https://sustainablecollaboration.co/Affiliate Program.
3.2. Https://sustainablecollaboration.co/reserves the right to terminate this
Agreement and your participation in the Https://sustainablecollaboration.co/Affiliate
Program immediately and without notice to you should you commit fraud in your
use of the Https://sustainablecollaboration.co/Affiliate Program or should you
abuse this program in any way. If
such fraud or abuse is detected, Https://sustainablecollaboration.co/shall
not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate
application, and will continue unless terminated hereunder.
4. Termination
Either you or we may end this Agreement AT ANY TIME, with or
without cause, by giving the other party written notice. Written notice can be
in the form of mail, email or fax. In addition, this Agreement will terminate
immediately upon any breach of this Agreement by you. If confidential
information has been shared, upon termination, affiliate will be require to
return information in the affiliate’s possession. The affiliate will also be
required to remove any reference to the Sustainable Collaboration Group website
and company.
5. Modification
We may modify any of the terms and conditions in this
Agreement at any time at our sole discretion. In such event, you will be
notified by email. Modifications may include, but are not limited to, changes
in the payment procedures and Https://sustainablecollaboration.co/Affiliate
Program rules. Your continued participation in Https://sustainablecollaboration.co/Affiliate
Program following the posting of the change in notice or new Agreement on our
site will indicate your agreement to the changes.
6. Payment
Https://sustainablecollaboration.co/uses third party
companies to handle all of the tracking and payments and PayPal for payments.
The payment will be at the rate found in the Partner Center at the time of the
sale. Payments will be made with in 20 business days of close of each month to
allow for exchanges or refunds.
7. Access to Affiliate Account Interface
You will create a password so that you may enter Sustainable
Collaboration Group’s Partner Center, a secure affiliate account interface.
From their site you will be able to receive your reports that will describe our
calculation of the commissions due to you.
8. Promotion Restrictions
8.1. You are free to promote your own websites, but any
promotion that mentions Https://sustainablecollaboration.co/could be perceived
by the public or the press as a joint effort. You should know that certain
forms of advertising are always prohibited by Https://sustainablecollaboration.co/.
For example, advertising commonly referred to as "spamming" is
unacceptable to us and could cause damage to our name. Other generally
prohibited forms of advertising include the use of unsolicited commercial email
(UCE), postings to non-commercial newsgroups and cross-posting to multiple
newsgroups at once. In addition, you may not advertise in any way that
effectively conceals or misrepresents your identity, your domain name, or your
return email address. You may use mailings to customers to promote Https://sustainablecollaboration.co/so
long as the recipient is already a customer or subscriber of your services or
website, and recipients have the option to remove themselves from future
mailings. Also, you may post to newsgroups to promote Https://sustainablecollaboration.co/so
long as the news group specifically welcomes commercial messages. At all times,
you must clearly represent yourself and your websites as independent from Https://sustainablecollaboration.co/.
If it comes to our attention that you are spamming, we will consider that cause
for immediate termination of this Agreement and your participation in the Https://sustainablecollaboration.co/Affiliate
Program. Any pending balances owed to you will not be paid if your account is
terminated due to such unacceptable advertising or solicitation.
8.2. Please review our list of prohibited keywords for PPC
bidding. Currently, Https://sustainablecollaboration.co/, The Sustainable
Collaboration Group, www.Https://sustainablecollaboration.co/, and/or any
misspellings or similar alterations of these are prohibited from PPC bidding.
If trademark and brand keywords are permitted for PPC bidding at a future date,
those affiliates who bid in their Pay-Per-Click campaigns on keywords such as Https://sustainablecollaboration.co/,
Sustainable Collaboration Group, www.Https://sustainablecollaboration.co/,
and/or any misspellings or similar alterations of these – be it separately or
in combination with other keywords – and do not direct the traffic from such
campaigns to their own website prior to re-directing it to ours, will be
considered trademark
violators, and will be banned from the Sustainable
Collaboration Group Affiliate Program. We will do everything possible to
contact the affiliate prior to the ban. However, we reserve the right to expel
any trademark violator from our affiliate program without prior notice, and on
the first occurrence of such PPC bidding behavior.
8.3. Affiliates are not prohibited from keying in prospect’s
information into a lead form as long as the prospects’ information is real and
true, and these are valid leads (i.e. sincerely interested in Sustainable
Collaboration Group products).
8.4. Affiliate shall not transmit any so-called
“interstitials,” “ParasitewareTM,” “Parasitic Marketing,” “Shopping Assistance
Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or
“deceptive pop-ups and/or pop-unders” to consumers from the time the consumer
clicks on a qualifying link until such time as the consumer has fully exited
the Sustainable Collaboration Group website (i.e., no page from our site or any
Https://sustainablecollaboration.co/’s content or branding is visible on the
end-user’s screen). As used herein, “ParasitewareTM” and “Parasitic Marketing”
shall mean an application that (a) through accidental or direct intent causes
the overwriting of affiliate and non-affiliate commission tracking cookies
through any other means than a customer initiated click on a qualifying link on
a web page or email; (b) intercepts searches to redirect traffic through an
installed software, thereby causing, pop ups, commission tracking cookies to be
put in place or other commission tracking cookies to be overwritten where a
user would under normal circumstances have arrived at the same destination
through the results given by the search (search engines being, but not limited
to, Google, Bing, Yahoo, Overture, AltaVista, Hotbot and similar search or
directory engines); (c) set commission tracking cookies through loading of the Https://sustainablecollaboration.co/site
in iFrames, hidden links and automatic pop-ups that open Https://sustainablecollaboration.co/’s
site; (d) targets text on websites, other than those websites 100% owned by the
application owner, for the purpose of contextual marketing; (e) removes,
replaces or blocks the visibility of Affiliate banners with any other banners,
other than those that are on websites 100% owned by the owner of the
application.
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable,
revocable right to (i) access our site through HTML links solely in accordance
with the terms of this Agreement and (ii) solely in connection with such links,
to use our logos, trade names, trademarks, and similar identifying material
(collectively, the "Licensed Materials") that we provide to you or
authorize for such purpose. You are only entitled to use the Licensed Materials
to the extent that you are a member in good standing of Https://sustainablecollaboration.co/'s
Affiliate Program. You agree that all uses of the Licensed Materials will be on
behalf of Https://sustainablecollaboration.co/and the goodwill associated
therewith will inure to the sole benefit of Https://sustainablecollaboration.co/.
9.2. Each party agrees not to use the other's proprietary
materials in any manner that is disparaging, misleading, obscene or that
otherwise portrays the party in a negative light. Each party reserves all of
its respective rights in the proprietary materials covered by this license.
Other than the license granted in this Agreement, each party retains all right,
title, and interest to its respective rights and no right, title, or interest
is transferred to the other.
10. Disclaimer
Https://sustainablecollaboration.co/MAKES NO EXPRESS OR
IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING Https://sustainablecollaboration.co/SERVICE
AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED
WARRANTIES OF Https://sustainablecollaboration.co/ABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED.
IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE
UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF
ANY INTERRUPTIONS OR ERRORS.
11. Representations and Warranties
You represent and warrant that:
11.1. This Agreement has been duly and validly executed and
delivered by you and constitutes your legal, valid, and binding obligation,
enforceable against you in accordance with its terms;
11.2. You have the full right, power, and authority to enter
into and be bound by the terms and conditions of this Agreement and to perform
your obligations under this Agreement, without the approval or consent of any
other party;
11.3. You have sufficient right, title, and interest in and
to the rights granted to us in this Agreement.
12. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT
MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY
OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR
GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL Https://sustainablecollaboration.co/’s
CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT,
WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR
EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS
AGREEMENT.
13. Indemnification
You hereby agree to indemnify and hold harmless Https://sustainablecollaboration.co/,
and its subsidiaries and affiliates, and their directors, officers, employees,
agents, shareholders, partners, members, and other owners, against any and all
claims, actions, demands, liabilities, losses, damages, judgments, settlements,
costs, and expenses (including reasonable attorneys' fees) (any or all of the
foregoing hereinafter referred to as "Losses") insofar as such Losses
(or actions in respect thereof) arise out of or are based on (i) any claim that
our use of the affiliate trademarks infringes on any trademark, trade name,
service mark, copyright, license, intellectual property, or other proprietary
right of any third party, (ii) any misrepresentation of a representation or
warranty or breach of a covenant and agreement made by you herein, or (iii) any
claim related to your site, including, without limitation, content therein not
attributable to us.
14. Confidentiality
All confidential information, including, but not limited to,
any business, technical, financial, and customer information, disclosed by one
party to the other during negotiation or the effective term of this Agreement
which is marked "Confidential," will remain the sole property of the
disclosing party, and each party will keep in confidence and not use or
disclose such proprietary information of the other party without express
written permission of the disclosing party.
15. Miscellaneous
15.1. You agree that you are an independent contractor, and
nothing in this Agreement will create any partnership, joint venture, agency,
franchise, or employment relationship between you and Https://sustainablecollaboration.co/.
You will have no authority to make or accept any offers or representations on
our behalf. You will not make any statement, whether on your website or any
other of your websites or otherwise, that reasonably would contradict anything
in this Section.
15.2. Neither party may assign its rights or obligations
under this Agreement to any party, except to a party who obtains all or
substantially all of the business or assets of a third party.
15.3. This Agreement shall be governed by and interpreted in
accordance with the laws of the California Law without regard to the conflicts
of laws and principles thereof.
15.4. You may not amend nor waive any provision of this
Agreement unless in writing and signed by both parties.
15.5. This Agreement represents the entire agreement between
us and you, and shall supersede all prior agreements and communications of the
parties, oral or written.
15.6. The headings and titles contained in this Agreement
are included for convenience only, and shall not limit or otherwise affect the
terms of this Agreement.
15.7. If any provision of this Agreement is held to be
invalid or unenforceable, that provision shall be eliminated or limited to the
minimum extent necessary such that the intent of the parties is effectuated,
and the remainder of this agreement shall have full force and effect.
Changes to the Agreement
We reserve the right to modify the terms and conditions
within this Agreement at any time at sole discretion and will update and post
the notice here. If you have any questions or concerns, you may contact us at support@
sustainablecollaboration.co
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