Mega Credit Affliliate Program
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THIS AGREEMENT and the referred materials contain the complete terms and conditions that apply to an individual or entity's participation in the The Mega Credit Fixx LLC, Affiliate Program). This Agreement is made and entered into between and among The Mega Credit Fixx LLC and you. As used in this Agreement, "we/us/our" means The Mega Credit Fixx LLC , and "you" means the affiliate applicant.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND . THE MEGA CREDIT FIXX LLC BY SIGNING THE APPLICATION YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTOOD THE TERMS SET FORTH HEREIN, ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF.
1. Upon starting the program, you must agree not to: promote the use of any pyramid or similar schemes, contain false or deceptive advertising or promises, guarantees or warranties of service provided by THE MEGA CREDIT FIXX LLC , engage in unsolicited email marketing or "spam" as determined by (Your Company Name) or purport to give legal advice.
2. COMMISSIONS. You will be paid a commission of $50.00 for each deal you directly refer. This commission includes ONLY the client’s credit analysis fee, NOT the monthly service fee. You will ONLY be paid commission if the credit analysis fee is paid in full.
3. COMMISSION SCHEDULE. All commissions earned under this program, will be made monthly, on a calendar month basis, paid by THE MEGA CREDIT FIXX LLC to you by the 15th of every month. YOU WILL HAVE CHOICE OF DIRECT DEPOSIT OR MAILED CHECK. YOU WILL BE REQUIRED TO FILL OUT A 1099 FOR TAX FILLINGS .
4. CANCELLATION OF SERVICES. In order to qualify for commissions, a client who successfully retains (THE MEGA CREDIT FIXX LLC services must remain a client of THE MEGA CREDIT FICC LLC for 31 (thirty-one days). If a client cancels their services with THE MEGA CREDIT FIXX LLC within this 31-day window, all commissions will be deducted from the amount owed to the qualifying affiliate. If the commissions have already been paid by THE MEGA CREDIT FIXX LLC to the Affiliate, the amount(s) will be deducted from what is currently owed to the Affiliate. If no amount is owed to the affiliate, the affiliate will be billed for the overpayment amount.
a. YOU MAY NOT WARRANTY, GUARANTEE, OR OTHERWISE PREDICT THE OUTCOME OF ANY PARTICULAR MATTER RELATING TO THE SERVICES OFTHE MEGA CREDIT FIXX LLC
b. THE MEGA CREDIT FIXX LLC disclaims all liability for the matters stated in this section (5).
6. TRACKING OF SALES. Should THE MEGA CREDIT FIXX LLC be solely responsible for tracking direct commissions. An Excel in the cloud will be set up to track all of your referrals and their sign ups. You can check this excel sheet at any time.
7. WEBSITE INTERRUPTION. THE MEGA CREDIT FIXX LLC will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. As an Affiliate, you, agree not to hold THE MEGA CREDIT FIXX LLC liable for any of the consequences including, but not limited to, lost commissions, as a result of such interruptions.
8. NON-EXCLUSIVE LIMITED LICENSE AND USE OF THE MEGA CREDIT FIXX LLC MARKS AND INTELLECTUAL PROPERTY. We grant you a non-exclusive, non-transferable, revocable right to use our logos, trade names, trademarks and similar identifying material (collectively “ THE MEGA CREDIT FIXX LLC Marks") provided to you by us hereunder, solely for the purposes anticipated by this Agreement. You agree to use the THE MEGA CREDIT FIXX LLC marks in a manner that will not disparage THE MEGA CREDIT FIXX LLC or that otherwise portrays THE MEGA CREDIT FIXX LLC in a negative light. We reserve all of our ownership, intellectual property and any other rights in the THE MEGA CREDIT FIXX LLC Marks and confidential information, and any other materials or information associated with any of the foregoing. We may revoke the rights granted to you pursuant to this section at any time by giving you written or electronic notice. You shall not obtain any rights in or to the THE MEGA CREDIT FIXX LLC marks. The rights granted to you pursuant to this section shall terminate upon the effective date of the expiration or termination of this agreement.
9. CHANGE OF TERMS. THE MEGA CREDIT FIXX LLC reserves the right to change any conditions of this agreement at any time. Change notices are sent by email or written correspondence; marketing affiliates are responsible for complying with any changes to the agreement within 10 calendar days from the date of the change. Failure of the affiliate to terminate the agreement within those 10 calendar days will constitute acceptance of the changes to this agreement.
10. TERM OF THE AGREEMENT. The term of this Agreement will begin upon your acceptance of this agreement and will end when terminated by either party. Either you or THE MEGA CREDIT FIXX LLC may terminate this Agreement at any time
and for any reason, with or without cause, by giving the other party a written or electronic notice of termination. You are only eligible to earn commissions occurring during the term of this Agreement, and fees earned through the date of termination will remain payable only if the related transactions are not canceled or returned per section (5). We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon termination of this Agreement, (i) all licenses hereunder shall terminate, (ii) you shall immediately remove any links, icons, banners or other marks or intellectual property of THE MEGA CREDIT FIXX LLC from your site and (iii) section 13, 14 and 15, and this section will survive such termination.
11. RELATIONSHIP OF PARTIES. You, and THE MEGA CREDIT FIXX LLC are independent contractors. You are providing Marketing services. Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales employee, or employment relationship between the parties. 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 site or otherwise, that would reasonably contradict anything in this section.
12. LIMITATION OF LIABILITY. THE MEGA CREDIT FIXX LLC will not be liable to you or any other person or entity for any special, indirect, consequential, or exemplary damages (including, without limitation any loss of revenue, profits, or data) arising in connection with this agreement or the program, even if we or any of our representatives have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this agreement and the program will not exceed the total fees paid or payable to you under this agreement. All claims made hereunder by you against us shall be made within ninety (90) days of the act or omission, which forms the basis of such claims.
13. DISCLAIMERS. We make no express or implied warranties or representations with respect to the program or any services offered through the program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing or trade usage). Our web site or any other site sponsored by us in connection with this agreement will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors or termination of any services, products or this agreement.
14. INDEPENDENT INVESTIGATION. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOU WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPLICITLY SET FORTH IN THIS AGREEMENT.
15. Arbitration Clause. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of California or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in contract negotiation and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
If the person entering into this Agreement is acting on behalf of his or her company or organization, such person hereby represents to (Your Companies Information) that he or she has all requisite power and authority to enter into this agreement on behalf of such company or organization, that this Agreement has been duly authorized by such company or organization and that this Agreement will constitute a legal, valid, and binding obligation of such company or organization. Such person hereby agrees to indemnify and hold harmless (Your Companies Information) from any and all claims, damages and expense (including without limitation attorney's fees) arising from any breach of this section.
If any provision of this agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected hereby.
may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against, the parties and their respective successors and assigns.
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