Company will make available, the Promotional Materials and other updated Product information via its website to help Affiliate remain current with respect to the Product offerings. 3.3. It may also be called a finder's fee or commission agreement and can be used in a variety of industries. In this document, the form filler will be able to enter pertinent identifying details of the company, such as the name and website. “Customer” means a Qualified Prospect who has agreed to the Terms available at https://pressable.com/legal/terms-of-service/ and has purchased a plan. Confidential Information includes, but is not limited to, trade secrets, ideas, processes, programs, source code, formulas, materials, software, substances, sources of supplies, technology, research, know-how, improvements, discoveries, developments, designs, inventions, techniques, marketing plans, strategies, forecasts, new products, unpublished financial statements, budgets, projections, prices, costs, and customer lists. Sections 7, 9 and 10 shall survive any termination of this Agreement. Final determination as to whether a potential customer qualifies as a Qualified Prospect rests with Company in its sole discretion. 5.3. The legal effectiveness of this Agreement is subject to Elevation’s approval in writing (via mail, fax or e-mail) of Affiliate’s application for participation in the Elevation Referral Program (“ Approval “), and this Agreement shall commence on the date of such Approval (“ Effective Date “). In all its actions and activities relating to this Agreement, Affiliate will clearly indicate that it is acting as an independent contractor under this Agreement and not as an employee or agent of Company, or as a distributor or reseller of Products. Affiliate wishes to refer potential opportunities with customers to Company, and Company is willing to compensate Affiliate for such referrals, on the terms and conditions set forth in this Agreement. Respect the privacy of Affiliate and not disclose to third parties any information concerning Affiliate, if Affiliate specifically expresses its desire for anonymity. Affiliate may not use any graphic, textual or other materials to promote the Products or Company, unless Company agrees to such other materials in writing prior to their use. 4.2. Affiliate may only use the Promotional Materials for the purpose of promoting the Services and Company. Company will pay Affiliate a fee for these referrals. Any discrepancy between the amount of Commissions owed according to these records, and the actual amount of Commissions paid to Affiliate in any period or periods shall be rectified by Company within fourteen (14) days of discovering such discrepancy, unless less than the $50 minimum balance as explained in section 5.3. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Both parties shall only use Confidential Information in a manner consistent with the terms of this Agreement and only in furtherance of the mutually beneficial relationship between the parties. 5.1. 11.1. The affiliate simply signs up for the program that the company is offering and there is no bargaining over the agreement. Affiliate shall refer any potential customers to Company (a “Referral”) through an online form provided by Company to Affiliate, which Affiliate shall fully complete and submit to Company. Sign up for a personalized tour to see how Pressable and our state-of-the-art platform can help your WordPress websites perform their best. Notwithstanding the provisions of Subsection 7.1. The Federal Trade Commission, or FTC, in the United States, oversees affiliate disclosures. When the company receives clicks or purchases from the affiliate's individualized links, the affiliate then receives a set amount or a percentage of the sale or a set amount per click. j. https://pressable.com/legal/terms-of-service/, https://pressable.com/legal/privacy-policy/. After the initial term, this Agreement shall renew for additional terms of one year each, unless either party notifies the other no less than thirty (30) days prior to the end of the then-current term that it does not wish to renew the Agreement. 6.1. A referral fee agreement is between an affiliate that “refers” sales or services to a company in exchange for compensation. This Agreement shall take effect on the Effective Date and shall continue for a period of one (1) year following the Effective Date unless terminated earlier as provided in this Section 8. 8.1. 2.2. 2.10. Company shall keep reasonably accurate and up-to-date records of the data used to determine the total amount of Commissions owed to Affiliate. “Subscription Fees” means the fees paid by a Customer for a subscription for access and use of any of the Products, excluding amounts paid for sales, value-added or use taxes, insurance, set-up, support and any other similar items. These agreements are not signed, they are simply posted up on the company's website for the affiliate to read and agree to prior to signing up for the affiliate program. Except in direct conversations with potential customers in connection with the promotion of the Products and Company under this Agreement, Affiliate shall not (a) use the Trademarks in advertising, publicity, or otherwise or (b) announce the existence or terms of this Agreement without the prior written consent of Company, which consent shall not be unreasonably withheld. required by Company for new customers. It will also help outline the application process and criteria for potential applicants to your program.
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