AFFILIATE AGREEMENT
Last Modified April 24, 2012ENSURE TO READ THE ENTIRE AFFILIATE AGREEMENT. IN FACT, WE ENCOURAGE YOU TO PRINT THIS AGREEMENT SO YOU CAN FULLY READ, IDENTIFY, AND UNDERSTAND ITS COMPLETE TERMS OF USE BEFORE OPTING TO SUBMIT YOUR APPLICATION FOR AFFILIATE STATUS.
THIS IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND RESUME TO REFERRAL (DBA RESUMETOREFERRAL.COM AND RESUMEBYCPRW.COM)
BY SUBMISSION, YOU ARE STATING THAT YOU HAVE READ, UNDERSTAND, AND WILL COMPLY WITH THE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT, AND THAT YOU WILL COMPLY AND BE LEGALLY AND FINANCIALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION. FAILURE TO COMPLY WITH THIS AGREEMENT, IN ANY PART, WILL RESULT IN TERMINATION OF YOUR AFFILIATE STATUS, AS WELL AS, LOSS OF EARNINGS CULMINATED TO THE POINT OF TERMINATION.
1. Overview
Outlined below are the terms and conditions that apply to you becoming and maintaining status as an affiliate to Resume to Referral’s Affiliate Program. Throughout this agreement, affiliates are referred to as "affiliate," "you," "your," and "yours," while Resume to Referral is referred to as "merchant," "we," "us," and "our." The relationship between Resume to Referral and the affiliate is strictly that of independent contractors. Each party shall never be considered or identified as an employee of the other agreement participant and will remain separate entities, responsible for their own insurance, tax liabilities, sales tax, and state-licensing requirements, complying with the terms of this agreement and any state, federal, and local agencies.
2. Obligations
Submission of your online application at the Resume to Referral website does not imply an immediate acceptance of your application, nor does your submission equate you to being an approved affiliate. We may reject your application or cancel your affiliate status at any time, and for any reason. Cancellation of your affiliate status may occur, for example, if you promote sexually explicit materials, promote illegal activities, promote violence, or promote other discriminations we deem inappropriate alongside your promotions of the Resume to Referral affiliate program. Additional reasons for cancelling your affiliate status include infringement of Resume to Referral’s intellectual property, company trademarks, or violations of copyrighted materials. You are responsible for adhering to all intellectual property laws.
As an applicant and approved affiliate, your promotional activities, website, and other affiliate-related activities will be monitored to ensure continued compliance with the terms and conditions outlined in this agreement. Should your promotional activities uncover an infraction that violates the terms and conditions we have set forth, we may notify and provide you with 48 hours to rectify and implement any changes required to bring your affiliate into compliance. Should you fail to remedy the violation within a timely manner, your affiliate status will be terminated and unpaid commissions forfeited.
3. Termination & Modification
Each party agrees to provide a 14-day written notification to the other party prior to the termination of this agreement. Acceptable written notification can be mailed, faxed, or emailed. Should any part of this agreement be modified or updated to include payment procedures, promotional restrictions, changes to confidentiality, or other terms of use, we may notify you. Should contact be made, you will be notified by email or mail.
4. Promotional Boundaries
We have a no-tolerance policy for affiliate’s spamming and sending unsolicited email for the purposes of promoting and generating commissions to the Resume to Referral’s affiliate program. Should you be suspected or found to be violating any aspect of the CAN-SPAM Act in the name of promoting the Resume to Referral’s affiliate program or to generate affiliate sales, you will be terminated as an affiliate and your unpaid commissions forfeited.
You shall not, nor encourage third parties, robots, or other means to falsely inflate queries, clicks, leads, or sales.
You are restricted from using Resume to Referral’s intellectual property or trademarked name in any forms of paid or non-paid advertising or domain names.
You are prohibited from using software, scripts, or other means that overrides affiliate and non-affiliate tracking cookies, inflates leads or sales, generates hidden links, pop-ups or pop-unders, and/or deceptively displays Resume to Referral's affiliate collateral.
You shall not automate or initiate the automation of deceptive and fraudulent promotional activities, nor create discounts, giveaways, or other untruths in pursuit of promoting Resume to Referral services and/or your affiliate link.
You are prohibited from inputting incorrect prospect information into contact or lead forms, or information from genuinely disinterested prospects with no inclination or interest in Resume to Referral's services.
Resume to Referral reserves the right to examine affiliate promotional activities and investigate suspected fraudulent activities at its discretion.
Affiliates found or suspected to be in violation of the above outlined promotional restrictions will be terminated immediately and unpaid commissions will be forfeited due to such unacceptable promotional practices.
5. Payment Schedule
Affiliates will be paid 15% of total sales incurred throughout the lifecycle of the client relationship, with varying pay-per-lead commissions, live link commissions, and referral/sign-on bonuses with two-tier commissions as outlined. Commissions are paid to affiliates on a per-sale, monthly, quarterly, or yearly basis, depending upon the frequency of affiliate sales. A minimum of $25.00 in commission sales is required to initiate affiliate payment; balances below $25.00 will be held until the next pay period. You understand and agree that payments may be withheld should a valid tax identification number not be on file in order to accurately submit a 1099 to the IRS at the end of the fiscal year.
6. Proprietary Use of Materials
You agree not to use Resume to Referral's proprietary materials in any manner that is fraudulent, disparaging, abusive, misleading, false, libelous, obscene, or in any way portrays the company within a negative manner. Each member of this agreement retains all rights to their respected properties owned going into this agreement, including copyrights, trademarks, and servicemarks.
7. Disclaimer
Resume to Referral makes no guarantees, expressed or implied, as to the financial success of your relationship with the Resume to Referral affiliate program. We make no guarantees, expressed or implied, as to the operation of the affiliate program, affiliate and company website, or any other component (print or online). You agree not to hold Resume to Referral reliable for any issues or consequences resulting from service disruptions or errors.
8. Representations and Warranties
You hereby state that you have full power, right, and authority to enter into this agreement, as well as, be bound by the terms and conditions, without consent or approval from a third party.
9. Limitations of Liability
You agree not to hold Resume to Referral liable with regard to any subject matter outlined in this agreement, including indirect or special damages such as punitive, incidental, or consequential. You hereby agree to indemnify and hold harmless Resume to Referral, and its owners, employees, and affiliates, against claims, actions, demands, liabilities, losses, damages, judgments, settlements, and expenses that arise out of or are based on infringes and infractions involving a third party.
10. Confidentiality
The affiliate understands, accepts, and agrees that all information divulged concerning the client or Resume to Referral is privileged information, and shall remain in complete confidence or will not be disclosed to any party. The affiliate understands, accepts, and agrees that all confidential information should be safely secured or destroyed once each project has been completed. Cancellation of this agreement shall not terminate the affiliate’s agreement and continued compliance to the terms outlined in the confidentiality clause or throughout the agreement.
BY SUBMITTING YOUR APPLICATION TO JOIN THE RESUME TO REFERRAL AFFILIATE PROGRAM, YOU STATE THAT YOU HAVE READ, UNDERSTAND, AND ACCEPT THE TERMS AND CONDITIONS OUTLINED WITHIN THIS AFFILIATE AGREEMENT.