Website Properties, LLC.
Website Properties, LLC. hereafter "WPI" enters into this agreement with each of its Affiliate(s). Each affiliate, hereafter "Affiliate" shall understand and accept the present terms of the affiliate program. Affiliate agrees that they are 18 years of age or older on the date that they first approved the terms hereof.
Participation in the affiliate program constitutes full and complete acceptance of the TOS set forth herein. The present Terms of Services represent the rules and regulations of the WPI affiliate program.
Responsibilities:
Both parties, the Affiliate and WPI have responsibilities that are presented in this TOS.
Upon Affiliate acceptance, WPI will provide Affiliate with an URL which my be modified with an affiliate code to specifically identify them, which will allow them to create a link to the WPI website. WPI will track each user coming from the link located on Affiliate’s website to WPI's web site. For this purpose WPI is using special software that counts the quantity of WPI site visits using Affiliate’s affiliate code and marks any client making a service request of WPI with the Affiliate's code. WPI will pay Affiliate a commission for each referral that results in a revenue collected by WPI made in compliance with this agreement, pursuant to the commission schedule and the terms set forth in this affiliate agreement.
The Affiliate is responsible for the placement of the banner and text link for the WPI website on their website in accordance with appropriate concepts of effective website site design and layout. Affiliate agrees to take full responsibility for ensuring the proper and continuing operation of URL or banner provided to them by WPI. Affiliate agrees that his/her participation in the present affiliate program does not violate any law, ordinance, regulation or standard of the jurisdiction where he or she resides. Affiliate undertakes the responsibility to provide true and up-to-date information about himself while entering the Affiliate program.
Terms of Commissions
WPI will pay an Affiliate commission for all leads received via the Affiliate's link that results in a revenue collected by WPI. All Affiliates must be a current affiliate in good standing to collect an affiliate commission. Affiliate fees will not be paid to any Affiliate who does not have a current affiliate agreement with WPI
WPI will track all leads received via links from an affiliate's site, with correctly coded links, for a period of one year after the link is followed. If a client connects to the WPI site via more than one affiliate member's link, the oldest, still current access, will be used to determine which affiliate will receive payment of any affiliate commissions due.
Affiliate understands and agrees that they will not earn a commission on any services they contract for directly with WPI.
Commissions Schedule
Commissions are paid within 30 days of the receipt of funds by WPI for which the affiliate commission is due. Affiliate commissions will be paid based on the following schedule:
Sellers - For referrals that result in a client listing their online business with WPI and ultimately selling their property, affiliate will be paid a commission based on the revenue collected by WPI at the property's sale closing date. Commission percentages rates are based on the cumulative revenues received by WPI based on referrals from the affiliate.
Buyers - For referrals that result in a client buying an online business listed by WPI, affiliate will be paid a commission of 2.5% of the revenues collected by WPI at the property's closing date.
WPI revenues are defined as commissions collected from the sale of a WPI's client online property at the time of the sale's closing. Affiliate commissions are not payable on any commission, annuities, or revenues collected by WPI after the closing date.
Representation
Affiliate agrees not to make any representations, promises, warranties or any other statements about WPI services or policies other than as may be expressly approved in writing by WPI or as it is stated on WPI official web site.
Amendments
WPI has a sole right to make any amendments to the Affiliate program, changes to WPI website, amend pricing policy and change general TOS and Affiliate TOS without prior notification to the Affiliate. It is the responsibility of the Affiliate to periodically check the WPI website to verify and know the current business policies.
Customers of WPI
WPI will have the sole right and responsibility to service all customers secured through Affiliate’s coded URL. All dealings with customers for brokerage services shall be directly and solely between the customer and WPI. WPI shall have the right and obligation to determine all pricing, and service offerings, and shall have the right to make any changes thereto without notice to affiliate. All customers of WPI, regardless of origin or referral, are the customers of WPI.
Acceptable Site Content and Practices
An application will be automatically rejected or cancelled if it is submitted from an entity that has a web site that violates intellectual property rights or contains or promotes any of the following: Discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; Sexually explicit materials; Violence; Unlawful activities. If, at a later time after the application is accepted, your website is found to have any of the above characteristics, we reserve the right, at our sole discretion, to terminate this agreement.
Under no circumstances shall an Affiliate send electronic mail messages as defined in the new Federal spam law, the CAN-SPAM Act of 2003. Complaints regarding SPAM which use any WPI Affiliate Program links may result in the termination of the Affiliate's agreement at the sole discretion of WPI.
Indemnification
Affiliate agrees that they will be solely responsible for, and that they will defend, indemnify and hold WPI, parents, affiliates and the respective officers, directors, agents, employees and representatives harmless from and against, any and all claims, suits, damages, losses, liabilities, obligations, penalties and expenses, including legal fees and expenses, relating to or based on the development, operation and maintenance of Affiliate's site.
Term and Termination
The "Term" of this agreement will begin upon our acceptance of your program application and will end on the date this agreement is terminated by either party. Either Affiliate or WPI may terminate this agreement at any time, with or without cause, for any reason whatsoever, by giving the other party two days' written notice of termination. Upon the termination of this agreement for any reason, Affiliate will immediately cease use of, and remove from their site, all links and references to WPI. In addition, Affiliate will forfeit all rights to current or future commissions owed.
Limitation of Liability
WPI WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (OR LOSS OF REVENUE, PROFITS OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE REFERRAL PROGRAM, EVEN IF WPI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Further, our aggregate liability arising with respect to this agreement and the Affiliate Referral Program will not exceed the total Affiliate Referral Fees paid or payable to Affiliate under this agreement.
Disclaimers
WPI makes no express or implied warranties or representations with respect to the Affiliate Program or any services sold through the Affiliate 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. In addition, WPI makes no representation that the operation of our site will be uninterrupted or error-free, and will not be liable for the consequences of any interruptions or errors.
