This Affiliate Service Agreement (the "Agreement") is made by and between Reliable Way, LLC, a California Limited Liability Company db@ InvestorsMLS.com ("InvestorsMLS") and you, as an Affiliate advertiser of InvestorsMLS products ("you", "your", "Affiliate", or "Affiliate Member").
By clicking the link "I agree to the Service Agreement" you agree to be bound by all the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not become an Affiliate of InvestorsMLS.
InvestorsMLS is offering this service to eligible parties who wish to become an Affiliate of InvestorsMLS and promote InvestorsMLS products and services pursuant to the terms of this Agreement. As an Affiliate Member of InvestorsMLS you will be establishing revenue sharing arrangements with InvestorsMLS. In sum, you will be given an InvestorsMLS landing page on our servers, and will be allowed to place advertisements, and in the future may be able to place InvestorsMLS-approved and/or provided banners or links, on your other website(s) or elsewhere as allowed by this Agreement. You will receive a commission for parties who register with InvestorsMLS via your landing page.
InvestorsMLS currently offers two affiliate programs: (1) Promoter Guru Program; and (2) REIA White-Label Program for those promoting InvestorsMLS though their Real Estate Investors Association regional chapter. Each program provides the affiliate with a dedicated URL on InvestorsMLS servers, although the landing pages have a different appearance based on the type of affiliate.
To be eligible to become an authorized Affiliate of InvestorsMLS (the "Service"), you must provide information satisfactory to InvestorsMLS, in its sole discretion, that you are at least 21 years of age. You represent that all information you provide on the Affiliate registration form is true and accurate. Misrepresentation of any information requested on the form is grounds for immediate termination of this agreement by InvestorsMLS.
If you intend to advertise on other websites within your control, you will be required to disclose those websites to InvestorsMLS for quality control purposes. If you are seeking an REIA White-Label affiliation, you must provide adequate proof that you have authority to do so, in the sole discretion of InvestorsMLS.
All Affiliates must disclose in general the intended uses and specifically intended advertising of their affiliate landing pages, including whether the Affiliate intends to advertise via PPC / CPA / CPM online advertising, banners, site insertions, forums, etc. The Affiliate is not bound to advertise via the disclosed means, and InvestorsMLS will not unreasonably deny an application based on intended uses. This requirement is strictly for brand and quality control purposes.
InvestorsMLS reserves the right to reject an Affiliate application at any time, for any or no reason. You agree that you have read the documentation for the Service and understand its features and rules.
As part of the registration process, you will select an email and password combination that you will use to access your Affiliate Member area within the Service. You shall provide InvestorsMLS with accurate, complete and updated registration information. You are responsible for promptly updating your registration information if it changes.
USE OF YOUR ACCOUNT. You shall be responsible for maintaining the confidentiality of your email and password and you are responsible for all usage and activity on your Account, including use of the account by a third party authorized by you to use Your Account. You shall notify InvestorsMLS by email at affiliateprogram@InvestorsMLS.com of any known or suspected unauthorized uses of your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your email and password. Any fraudulent, abusive or otherwise illegal activity by you or any party using you account, with or without your consent, may be grounds for termination by InvestorsMLS and referral to the appropriate law enforcement agencies.
You agree that you have agreed to and are bound by the InvestorsMLS Terms of Use and Privacy Policy, which are incorporated by this reference into this agreement.
ADVERTISING AND LINK PLACEMENT You may place and remove Affiliate ads and links in the manners disclosed to InvestorsMLS in your application, or as later disclosed to InvestorsMLS as new means and technologies arise, subject to the prohibitions below. All other placements are subject to approval by InvestorsMLS.
PROHIBITED ACTIVITIES AND WEBSITES. You shall remain solely responsible for the content of your InvestorsMLS landing page and your own website(s). You may not utilize any website or other forum for Affiliate advertising that promotes hatred, violence, bigotry, or any illegal activity, or which incites any illegal activity. Your website(s) may not promote or advertise prostitution, sex for hire, escort services, or any similar activity that is or may be construed as illegal. Your website(s) may not contain content that is defamatory, libelous, or otherwise objectionable.
Your website(s) may not contain excessive pop-up or pop-under windows, unclosable windows, or other "hard sell" techniques; "black hat" advertising or SEO (search engine optimization) techniques; sites that use spyware, malware, or similar software; or that contain viruses, Trojans, or any similar harmful code or access thereto.
You may not utilize your Affiliate status or membership to send spam or engage in any activity that could reasonably be construed as a violation of the CAN-SPAM act or of any other State of Federal laws.
As an Affiliate Member, you may not artificially inflate traffic counts to InvestorsMLS landing pages using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects.
Any Link placed in advertising must be done in such a way that it is not misleading to any visitor and done with the intention of delivering valid sales to the related InvestorsMLS for that link. Points or reward programs for pay-per-click or pay-per-lead programs are not allowed unless specifically approved by the InvestorsMLS.
Non-Circumvention / Fraud: You may not engage any activity that is designed to, or has the effect of, circumventing any privacy or security protections in place by InvestorsMLS; or that attempt to bypass InvestorsMLS tracking systems or to fraudulently record commissionable sales.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. You agree and covenant that you, through your InvestorsMLS landing pages and all content on your own website(s) and all content therein, obey the law and respect the intellectual property rights of others. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you place on your own website(s) or that is provided or transmitted using your websites. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
PAYMENT OF AFFILIATE COMMISSIONS. Affiliates will receive a commission for obtaining subscribers to InvestorsMLS.
The current maximum commission rate is $150 – about 50% of the new user’s initial registration fee of $299. The commission rate is subject to reduction roughly proportionate to promotional programs for new users, that may change from time to time. The fees and commission amounts may be changed on 15 days written notice by InvestorsMLS.
In addition, future commissions residual commissions may be granted to REIA White-Label affiliates in the form of a small percentage of the monthly fee paid by users who registered with InvestorsMLS via the REIA White-Label landing page.
InvestorsMLS may change the amount of commission available for products at any time in its sole discretion, and will promptly notify you of any such change. You shall otherwise be responsible for reviewing your Account to determine if the commission amount has been changed or discontinued.
InvestorsMLS shall pay commissions to you automatically on a monthly basis if the commission is $25 or more. Commissions of less that $25 are credited to your account and carried over to the following month until the payable commission reaches at least $25. Commissions credited to your account do not accrue interest.
In the event of a chargeback by the purchasing customer, InvestorsMLS may recover from you the corresponding commission previously credited to your account. The Chargeback Commission will be immediately deducted from your Account balance. In the event that your Account balance is less than the Chargeback Commission, the Chargeback Commission will be deducted against your future earnings.
MODIFICATIONS OF THE SERVICE. InvestorsMLS may, in its sole discretion and without prior notice, (a) revise its Terms of Use and/or this Agreement; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. In the event of any material modification of the Service, InvestorsMLS will notify Affiliates via email, newsletter or the InvestorsMLS website at least 14 days prior to any such changes taking effect, at which time You may either accept such changes or withdraw from the Service. In the even of any change of commission structure, Affiliates will be given 30 days notice and an opportunity to accept the changes or termination the Affiliate Agreement.
TERMINATION. You may terminate your account with us at any time on written notice. Please, email to affiliateprogram@InvestorsMLS.com to arrange the final payout of the commissions. InvestorsMLS may terminate your account at any time, for any or no reason, in its sole discretion.
INVESTORSMLS RESERVES THE RIGHT TO DEEM ANY AFFILIATE WEBSITE, OR ANY ACT OF AN AFFILIATE MEMBER, INAPPROPRIATE, AND TERMINATE THE SITE AND/OR THE AFFILIATE MEMBER AS A MEMBER OF THE INVESTORSMLS AFFILIATE PROGRAM. If you are terminated from the Service for breach of the terms of this agreement InvestorsMLS has the right to withhold money you earned within the Service to the extent allowed by law, and has the right to bar you for re-joining the InvestorsMLS Affiliate Program.
NON-DISCLOSURE AGREEMENT; PRIVACY. Each party agrees that it will be sharing with the other information that is, or could be considered confidential ("Confidential Information"), and promises not to disclose Confidential Information including personal or business information to third parties without the express written permission of the other party.
InvestorsMLS will not sell your name, email address, phone number, or any other personal information to anyone else. We consider this information to be private, and it will remain as such.
If you have any questions about your privacy rights, or would like further information regarding the confidentiality of Your interactions with InvestorsMLS, contact affiliateprogram@InvestorsMLS.com.
LIMITED WARRANTY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RELIABLE WAY LLC. DBA INVESTORSMLS DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, RELIABLE WAY LLC. SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF SOME IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
InvestorsMLS will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold InvestorsMLS liable for any of the consequences of such interruptions.
LIMITATION OF LIABILITY. RELIABLE WAY, LLC DB@ INVESTORSMLS.COM SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, ANY WEBSITE OR LANDING PAGE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. RELIABLE WAY LLC. SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF RELIABLE WAY LLC. HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY FOR DAMAGES OF RELIABLE WAY LLC. DBA INVESTORSMLS HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY AFFILIATE AS A DIRECT RESULT OF THIS AGREEMENT.
INVESTORSMLS OR ITS SUPPLIERS OR RESELLERS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE INVESTORSMLS SERVICE OR ANY INFORMATION PROVIDED ON THE INVESTORSMLS WEBSITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF RELIABLE WAY LLC. DBA INVESTORSMLS OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE OR ANY HYPERLINKED WEB SITE. RELIABLE WAY LLC’S LIABILITY IS LIMITED TO THE MINIMUM AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
OWNERSHIP AND LICENSES. You, the Affiliate, are granted a non-exclusive, limited, revocable right to use trademarks, service marks, ad copy, and banners and other images and information provided to you by Reliable Way LLC. dba InvestorsMLS. All images, technology and content provided for your use is and shall remain the sole property of the Reliable Way LLC. dba InvestorsMLS, and no part thereof shall be deemed assigned or licensed to you except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, trade names and service marks related to the foregoing shall remain the Reliable Way LLC. dba InvestorsMLS' sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to you in any way.
You shall use the marks exactly in conformance with the InvestorsMLS' trademark usage policies as communicated to you from time to time. InvestorsMLS may immediately terminate your license to use the marks if InvestorsMLS reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledges that your use of the marks will not create in you, nor will you represent that you have, any right, title or interest in or to the marks other than the license granted by the InvestorsMLS above. You will not challenge the validity of or attempt to register any of the marks or your interest therein as a licensee, nor will you adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge Reliable Way / InvestorsMLS' ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of InvestorsMLS.
INTERNATIONAL AND U.S. USE. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. The Site is based in the State of California, USA. InvestorsMLS makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as InvestorsMLS's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
INDEMNITY. You agree to indemnify InvestorsMLS for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless InvestorsMLS, its partners, affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your affiliate and advertising activities, any and all content placed on your website(s) or landing pages, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. InvestorsMLS will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
INDEPENDENT CONTRACTORS. All Affiliates and those acting on behalf of Affiliates and, and all other parties using the Site on behalf of Affiliates, are Independent Contractors. Neither Reliable Way, LLC nor Affiliates and their agents and employees, are partners, agents, representatives, joint ventures or employees of the other party.
GOVERNING LAW.These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in the County of San Diego, California, USA in all disputes arising out of or related to the use of the Site or Service.
SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
ENTIRE AGREEMENT. This Agreement, along with agreements incorporated by reference, represents the complete Affiliate agreement between the parties and may be amended only by a writing executed by both parties.
NO ASSIGNMENT. You may not assign this Agreement or any of the rights granted by InvestorsMLS hereunder, in whole or in part, without the prior written consent of InvestorsMLS, and any attempt to do so shall be void. This Agreement is binding on and shall inure to the benefit of the parties and their respective successors and permitted assigns.
ACKNOWLEDGMENT AND EXCLUSIVITY. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND INVESTORSMLS, AND THAT IT SUPERSEDES ANY PROPOSAL, PRIOR AGREEMENT, OR UNDERSTANDING, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND INVESTORSMLS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. THIS AGREEMENT MAY NOT BE CHANGED, ALTERED, OR MODIFIED EXCEPT BY A WRITING SIGNED BY THE PARTIES.
InvestorsMLS.com
Reliable Way, LLC
1106 2nd St., Suite 214
Encinitas, CA 92024
Phone - 844-REBUYER (732-8937)
Fax - 844-REBUYER (732-8937)
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