This Affiliate Program Service Agreement (the “Agreement”) is made by and between Leads2Listing, LLC dba ElevatedREM.com (hereinafter “Leads2Listing”, “Company”, “us”, “we”, “our”) and you, as an Affiliate (“you”, “your”, “yours”, “Affiliate”) utilizing, promoting, and offering Leads2Listing’s services.
Please read this Agreement carefully and in its entirety. You must agree to abide by the terms and conditions contained in this Agreement in order to participate in Leads2Listing’s Affiliate Program (“Program”). By submitting your information on the Leads2Listing Affiliate Program page (http://leads2listing.com/affiliate), you indicate your acceptance of this Agreement and its Terms and Conditions. If you do not accept this Agreement, you may not partner with Leads2Listing as an Affiliate.
“Affiliate” means an individual or business generating their own traffic and thus rewarded for legitimate sales.
“Visitor” means any person, or user , that is directed to Leads2Listing’s website from an Affiliate’s unique URL link.
“Content” means any forms of advertising or marketing used by Affiliates to generate visitors to Leads2Listing website via an Affiliate’s unique URL link.
“Commission” is defined as either a percentage or a total sale amount or as a set flat fee per sale.
“Payout” means the act of paying an Affiliate their accumulated commission.
“Link” means a hyperlink placed on the internet by the Affiliate that when clicked on sends a visitor to Leads2Listing’s website via redirection. Links may take many forms including videos, text, banners, a product image, buttons, or any other format acceptable to Leads2Listing.
“Void” means a reversal of a commission or payout previously earned for a sale that is later rescinded or corrected by Leads2Listing. Leads2Listing may void transactions in the case if they are fraudulent, duplicate, or other valid reasons.
“Lock Period” means a period of time between the date a commission is earned and then it being eligible for payout.
Leads2Listing respects the privacy of its Affiliates and will not disclose personal information to third parties without the expressed permission of you and your company. If you have any questions please contact Support@Leads2Listing.com.
To sign up as an Affiliate of Leads2Listing and use our service as an Affiliate Program you must be at least 18 (eighteen) years of age, have a PayPal account, and supply a valid tax-id when requested, which may be your social security number for individuals or a federal tax-id for corporations or entities and a checking or savings account.
Affiliate agrees to work diligently and with his or her best efforts to solicit purchases of Leads2Listing services.
Affiliates may not market Leads2Listing on the following types of sites: adult sites, sites that display adult banners, sites that promote violence, bigotry, hatred, or sites that promote illegal activity.
As part of the Affiliate registration process, you will select an email and password combination that you will use to access your Affiliate Dashboard within the service. You shall provide Leads2Listing with accurate, complete, and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to your true identity. You agree that Leads2Listing may rely on any data, request, notice, or instruction furnished by Leads2Listing to you which is reasonably believed by Leads2Listing to be genuine and to have been set or presented by a person reasonably believed by Leads2Listing to be authorized to act on your behalf.
You shall notify Leads2Listing at Support@Leads2Listing.com of any known or suspected unauthorized uses of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your email and password. You shall be responsible for maintaining the confidentiality of your email and password and you are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by you to use your account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination by Leads2Listing and referral to the appropriate law enforcement agencies.
CHANGES TO THE PROGRAM
We reserve the right to change, modify, add, or remove portions of this agreement at any time and may add to, change, suspend, or discontinue any aspect of the program at any time. In the event of any material change, we will notify you via email, newsletter, or the Leads2Listing website at least 30 days prior to any such changes take effect, at which time you may either agree to such changes or withdraw from the Program.
You represent to Leads2Listing that all content you provide to the Program is solely owned by you or provided by you with the express authority of the company you represent, does not infringe upon any other individual’s or organizations rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable.
You shall not provide, promote, distribute, place, or otherwise publish as an Affiliate of the program any content, or website that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent, or violates any law. As Leads2Listing may not review all information provided by you, you shall remain solely responsible for your content.
Any link placed must be done in such a way that is not misleading to any visitor and done with the sole intention of delivering valid sales to Leads2Listing.
We have the right to monitor your content 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 content that we feel should be made or to make sure that your links to our website are appropriate and to notify you further of any changes that we feel should be made. If you do not make the changes to your content that we feel are necessary, we reserve the right to terminate your participation in the Program.
LEADS2LISTING RESERVES THE RIGHT TO DEEM ANY CONTENT INAPPROPRIATE AND TERMINATE YOUR PARTICIPATION IN THE PROGRAM. If you are terminated from the program, Leads2Listing has the right to withhold money you earned within the program and you will not be allowed to rejoin Leads2Listing’s Affiliate Program.
It is understood and agreed that no salary is involved in this Agreement and all compensation shall be in the form of commissions. Affiliates shall be responsible for all of his or her personal expenses including, but not limited to, cellular phone service, entertainment, marketing costs, ad campaign costs, all income taxes, self-employment taxes and the like, which result or may result from him or her engaging in the Ambassador Program.
You will receive a commission for any authorized sale of Leads2Listing’s service via your links and unique URL. Please see the attached Exhibit A for commission schedule and terms.
You will be given access to your own Affiliate Dashboard by with you may access using the email and password you provide during sign up. From the Dashboard, you will be able to review reports describing our calculation of the commissions due to you.
Affiliate is entitled to a commission for accounts past their 14 (fourteen) day free trial, and accounts that are current. Once an account is cancelled, suspended, or deleted, Affiliate is no longer entitled to a commission for the cancelled, suspended, or deleted account. Commissions earned while the account was current will remain in the Affiliate Dashboard for payout. If the account becomes current again, Affiliate will begin earning commission on the account again.
All commissions are subject to a lock period of 30 (thirty) days before they are eligible for payout.
Payments are made by direct deposit in to your PayPal account. Your commission does not accrue interest. If a sale is voided within the time frame that a commission is calculated, commissions will be voided as well. The voided commission will be immediately deducted from your account balance. Once commissions are paid on a ale they are final and there will not be any “charge backs”.
As a Leads2Listing Affiliate, you may place and remove your content and links to your unique URL on your own website and in other acceptable locations.
• Place banners on your site as you see fit, or within non-spam emails.
• Place ads on social media platforms.
• Adult, hate, or other related sites and emails are not allowed.
• Spamming is unacceptable and we will terminate your account on the first offence. Do not send emails to lists or groups you do not have permission to send to.
• Affiliate accounts that are left inactive will be removed from our system. An inactive Affiliate account will be defined at Leads2Listing’s discretion, as any account that has not been logged in to for an extended period of time, or has not had any new transactions posted to that account for 90 (ninety) consecutive days. Any balances on such said account will be paid within the final week of the month after the cancellation has occurred.
SERVICE AND SUPPORT
Leads2Listing provides support for the program. Additionally, questions and comments may be sent directly be sending them to Support@Leads2Listing.com or to your preferred Leads2Listing contact.
Leads2Listing will act as support for all visitors and users of Leads2Listing service that you have registered using your unique URL. All questions and comments from users of Leads2Listing service may be sent to Support@Leads2Listing.com
In order to keep you up to date, Leads2Listing reserves the right to send email to you for the purposes of informing you of applicable changes or additions to the program or any Leads2Listing related products and services.
The Leads2Listing online software platform, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE, PURSUANT TO APPLICABLE LAW, LEADS2LISTING DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, LEADS2LISTING SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C), THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Leads2Listing will make reasonable commercial efforts to keep its service operating during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold Leads2Listing, its employees, authorized representatives or successors, liable for any of the consequences of such interruptions.
LEADS2LISTING SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, OR DESTRUCTION OF ANY CONTENT OR WEBSITE OF AFFILIATE OR AFFILLIATE’S CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVISE. LEADS2LISTING SHALL HAVE NO LIABILITY WITH RESPECT TO OUR OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF WE HAVE BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY LEADS2LISTING AS A DIRECT RESULT OF THIS AGREEMENT.
LIMITATION OF LIABILITY
LEADS2LISTING, ITS EMPLOYEES, SUPPLIERS, RESELLERS, OR SUCCESSORS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OR INABILITY TO USE THE LEADS2LISTING SERVICE OR ANY INFORMATION PROVIDED ON THE LEASD2LISTING WEBSITE OR ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF LEADS2LISTING OR A LEADS2LISTING AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE OR ANY HYPERLINKED WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LEADS2LISTING’S LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
You agree that Leads2Listing, although the provider of the program and service, has no responsibility or liability as a result of your placement of authorized links and/or content, and you severally agree to indemnify, defend, and hold harmless Leads2Listing and its affiliates, officers, directors, employees, agents, and successors from and against any and all liability, claims, losses, damages, injuries, or expenses (including reasonably attorneys’ fees) directly or indirectly arising from or relating to any offer or any matter related to this agreement or the subject matter hereof and any dispute relating thereto.
Leads2Listing agrees to indemnify, defend, and hold harmless Affiliate and its officers, directors, employees, and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to Leads2Listing’s gross negligence or willful misconduct in performance of the program, services, or its breach of this agreement.
NON-DISCLOSE and NON-CIRCUMVENT
Leads2Listing acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information (“confidential information”) of you or of your company. Leads2Listing agrees not to disclose or disseminate confidential information without your prior expressed written consent. The term “confidential information” shall not include information that is or becomes part of the public domain through no action or omission of Leads2Listing, that becomes available to Leads2Listing from third parties without knowledge by Leads2Listing or any breach of fiduciary duty, or that Leads2Listing had in its possession prior to the date of this Agreement.
Affiliate acknowledges that for the duration of this agreement, Affiliate may have access to confidential information about Leads2Listing including, but not limited to, client information, marketing and sales information, trade secrets, methods and processes involved in provided services, technology information, and other knowledge relating to Leads2Listing and its business. Affiliate acknowledges that such confidential information is the sole and exclusive property of Leads2Listing and that the maintenance of the confidentiality thereof is essential to Leads2Listing’s ability to conduct its business. Affiliate agrees to not directly, or indirectly, communicate or divulge, or for Affiliate’s own benefit or for the benefit or any other person or entity, any confidential information which was acquired by Affiliate during the duration of this Agreement.
Leads2Listing does not collect information about customer transactions, other than billing information, what is passed to us through the installed tracking code and displayed for your own transaction reports within your Affiliate dashboard. Leads2Listing reserves the right to utilize this data in aggregate to analyze service trends, monitor service efficiencies, and perform such other analysis as Leads2Listing deems appropriate.
Affiliate agrees not to directly, or indirectly, compete with the business of Leads2Listing and its successors or assigns during the period of this Agreement and for a period of 18 (eighteen) months following the termination of this agreement and notwithstanding the causing or reason for termination. The term “non-circumvent” as used herein shall mean that Affiliate shall not own, manage, or operate a business substantially similar to or competitive with the present business of Leads2Listing.
OWNERSHIP AND LICENSES
You, the Leads2Listing Affiliate, are granted a non-exclusive, limited, revocable right to use Leads2Listing’s provided trademarks, banners, and services. All images, technology and content provided for your use is and shall remain the sole property of Leads2Listing, and no part thereof shall be deemed assigned or licensed to you except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, trade names and service marks related to the foregoing shall remain Leads2Listing’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content, or any of the images provided to you in any way without permission.
Leads2Listing may immediately terminate your license to use the provided content if Leads2Listing reasonably believes that such use dilutes, tarnishes, or blurs the value of their content or brand. You acknowledge that your use of the provided content will not create in you, nor will you represent that you have any right, title, or interest in or to the content other than the license granted by Leads2Listing as noted above. You will not challenge the validity of or attempt to register any of the content or your interest therein as a licensee, nor will you adopt any derivative or confusingly similar names, brands, or content or create any combination of content with the content. You acknowledge Leads2Listing’s ownership and exclusive right to use the content and agree that all goodwill arising as a result of the use of the content shall inure to the benefit of Leads2Listing.
Leads2Listing reserves the right to terminate this Affiliate Agreement if violation is not corrected to the satisfaction of Leads2Listing.
Leads2Listing makes no representations whatsoever about any other website which you may access through the service. In addition, a link to a non-Leads2Listing website does not mean that Leads2Listing endorses or accepts any responsibility for the content or use of such website.
Affiliate or Leads2Listing may not assign this Agreement to any successor or affiliate without a 30 (thirty) day written notice to the other party and mutual agreement between both parties.
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fire, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, or any other cause which is beyond the reasonable control of such party.
This Agreement sets forth the entire agreement between Leads2Listing and Affiliate. This agreement shall be construed under the laws of the State of New Mexico, both procedural and substantive. Any and all disputes arising out of or in any way related to this Agreement, including without limitation, fraud in the inducement of this Agreement, or relating to the general validity or enforceability of this Agreement, shall be submitted to final and binding arbitration before an arbitrator in the State of New Mexico. The aware rendered by the arbitrator shall be final and binding on the Parties and shall be deemed enforceable in any court having jurisdiction thereof. The prevailing Party shall be entitled to recover from the non-prevailing Party the reasonably attorneys’ fees, expenses and costs incurred by the prevailing Party in any arbitration.
The arbitration shall be heard by a single arbitrator who shall by training, education, or experience have knowledge of the general subject matter of this Agreement. The arbitrator shall only have the power to award damages, injunctive relief and other remedies to the extent the same would be available in any court of law having jurisdiction of the matter, except that the arbitrator shall not have the power to vary the provisions of this Agreement. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If any portion of this Agreement is found to be illegal or unenforceable, such action shall not affect the validity and enforceability of the remaining paragraphs or sub-paragraphs of this Agreement.
This Agreement represents the complete agreement concerning this license and may be amended only in writing executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
ACCEPTANCE OF AGREEMENT
Affiliate affirms that no promise or inducement was made to cause him or her to enter into this agreement, other than the releases described above. Affiliate further confirms that he or she has not relied upon any other statement or representation by anyone other than what is in this Agreement as a basis for this Agreement.
By submitting your information on the Affiliate Sign Up page on Leads2Listing’s website you agree to the terms of this Agreement and voluntarily enter into it.
COMMISSION SCHEDULE & TERMS
|Users Created By Affiliate||Commission Rate||Term Details|
|1+||10% of monthly fee||Commission is paid only after the users who have signed up through your unique URL have paid their first monthly payment, after the free trial. Current pricing for monthly payment, and free trial duration, can be found at http://leads2listing.com/pricing*|
*Free trial period and pricing are determined by Leads2Listing. Free trial and pricing are subject to change at any time and at the discretion of Leads2Listing, including but not limited to any specials, promotions, discounts, or sales.
Commissions are earned for the life of the user account.