AFFILIATE PROGRAM AGREEMENT
This agreement contains the complete terms and conditions that apply to your participation as an affiliate in the Affiliate Program of Serve Sense LLC, and the establishment of promotion and Links from your Affiliate website to our website, “apartmentinvestorpro.com.”
- PROMOTION OF OUR AFFILIATE RELATIONSHIP
As an affiliate, we the Merchant may make available to you the Affiliate a variety of graphic and/or text links which, subject to the terms and conditions hereof, you may display as often and in as many areas on your site as you desire. The links will serve to identify you as a member of our Affiliate Program and will establish a link from your Affiliate site to our Merchant site.
- RESPONSIBILITY OF SERVE SENSE LLC
We Serve Sense LLC, the Merchant, will be responsible for providing all information necessary to allow you to make appropriate links from your Affiliate site to our Merchant Site. We, the Merchant will be solely responsible for processing every order placed by a customer following the special link, or promotion by you, for tracking the volume and amount of sales generated by you. We, the Merchant, will be responsible for order entry and processing, payment processing, cancellations and related customer service.
- RESPONSIBILITY OF THE AFFILIATE SITE
The Affiliate may, at its sole cost and expense, design, develop, maintain, and promote the Affiliate’s site and product as they see fit. The affiliate may not use coupon sites as a promotion method since this does not typically result in new referrals, but just causes a loss of revenue to the company (Serve Sense, LLC). Any methods such as this are not eligible for commission.
- COMMISSION DETERMINATION
- The commission which will be paid by Serve Sense LLC to the Affiliate will be calculated as thirty percent (30%) of the setup fee + 30% ongoing (monthly) of the monthly fee for as long as monthly subscription fees are paid by the customer to Serve Sense LLC.
- The Affiliate will deem to have earned the commission if:
- the customer placed the order using the Affiliate’s link to “apartmentinvestorpro.com”
- It is agreed that the customer cannot be a previous customer of ServeSense LLC.
- It is agreed that any chargebacks,and related contracting sales paid by the customer to Serve Sense LLC are not subject to a commission. Only Setup and Monthly Subscription fees are subject to commission.
- COMMISSION PAYMENTS
Commission payments will occur on a monthly basis.The Merchant, Serve Sense LLC, will send a commission check, PayPal payment or electronic deposit via ViewPost service. Should the Affiliate’s commission payments require the Merchant to file any tax forms, the Affiliate agrees to provide the Merchant with all information necessary (such as the Affiliate’s tax I.D. number) upon request. The Merchant has the right to discontinue the Affiliate’s participation in the Affiliate Program and withhold any monies payable should the Affiliate fail to provide this information upon request.
- GOVERNING LAW
- This agreement is made in, governed by and will be construed solely in accordance with the internal laws of the State of Pennsylvania. Any action relating to this agreement must be brought in Federal or State Court located in Pennsylvania, and Affiliate irrevocably consents to the jurisdiction Of such courts. The Affiliate may not assign this agreement by operation of law or otherwise, without the Merchant’s prior written consent. Subject to that restriction,this agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. The Merchant’s failure to enforce the Affiliate’s strict performance of any provision of this agreement will not constitute a waiver of the Merchant’s right to subsequently enforce such a provision or any other provision of this agreement.
- This agreement supersedes all prior communications or understandings between Affiliate and Merchant, and constitutes the entire agreement between the parties.
- INDEPENDENT CONTRACTORS
The Affiliate and Merchant are deemed to be independent contractors under this agreement and nothing herein shall be construed to create a partnership, joint venture or agency relationship between the Affiliate and Merchant.
- POLICIES AND PRICING
Customers who purchase from ServeSense LLC through the Affiliate program will be deemed tobe customers of Serve Sense LLC. Accordingly, all of our rules, policies and operating procedures concerning customer orders, customer service, and product and service will apply to those customers. We may change our pricing, policies and operating procedures at any time.
- OBLIGATIONS BETWEEN AFFILIATE AND MERCHANT
- Each party owns and shall retain all rights, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or by it in the future.
- Serve Sense LLC grants Affiliate a revocable, non-exclusive, worldwide license to use, reproduce and transmit, the name, logos, trademarks, service marks, and trade dress on Affiliate’s site or through other promotion channels solely for the purpose of driving customers to ApartmentInvestorPro unless Merchant grants written permission otherwise. Except as expressly set forth in this agreement or permitted by Merchant, Affiliate may not copy, distribute, modify, reverse engineer, or create derivative works from the same. Affiliate may not sublicense, assign or transfer any such licenses for the use of the same.
10.TERM AND TERMINATION
This agreement is an agreement at will. It begins as of the date signed below and may be terminated at any time, with or without cause, by either party on no less than thirty (30) days written notice. In The event of termination, commissions due the Affiliate shall be paid in accordance with this agreement.