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Marketing Boost: Enabling People To Grow Their Companies Through Sales Incentives
Marketing Boost may offer you an opportunity to become an independent Marketing Boost Affiliate (“Affiliate”), wherein you have the opportunity to earn additional money for Marketing Boost products, services and accounts that you sell. Marketing Boost reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate's efforts. Affiliate commission is further discussed herein. See also Marketing Boost Terms of Service, which apply to you in your role as Affiliate, unless otherwise expressly provided for.
This Affiliate Agreement (“Agreement”) governs Your application for, and any subsequent participation in, Marketing Boost' Affiliate program. By clicking “I Accept the Terms and Conditions” and submit, You thereby accept the terms of this Agreement, You indicate that You have read and understood this Agreement, and agree that You are bound by its terms.
PARTIES All references to “Marketing Boost” herein means and refers to Digital Experts LLC, doing business as Marketing Boost. All references to “You” and “Your” mean and refer to the person or entity who has executed this Agreement. Marketing Boost and You are each referred to herein as a “ Party, ” and collectively as the “Parties.” You agree to notify us in writing if the legal name of your business or account ownership changes within twenty-four (24) hours of such change and You certify that all such information is truthful and accurate. Notice of such changes should be sent to [email protected]
APPLICATION You agree to provide all information requested by Marketing Boost in connection with Your Affiliate application, and You affirm that all information that You provide is truthful and accurate. You understand and agree that Marketing Boost retains sole and exclusive discretion to determine whether You qualify for participation in Marketing Boost' Affiliate program. Not everyone who applies for Marketing Boost' Affiliate program will qualify to participate.
CONSENT TO BE CONTACTED You expressly consent to be contacted at the email address and the phone number You provide in Your application about Your application and the Affiliate program, including through automated dialing systems, texts and artificial or pre-recorded messages, whether by Marketing Boost or a third-party on behalf of Marketing Boost. This consent is a material condition of this Agreement and may not be revoked except in writing by both Parties.
COMPENSATION If Your application to become an Affiliate is approved by Marketing Boost, You will receive a unique Affiliate ID. The Affiliate ID will be incorporated within each URL which You will use to advertise Marketing Boost. You will have the opportunity to receive a commission for each sale (“Sale”) that is registered using Your Affiliate ID.
In the event that a prospect (“Prospect”) has multiple Affiliate cookies (“Cookies”), the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. There are some products and services sold that do not have trial periods.
Provided that the Sold Account (as defined below) remains in good status within thirty (30) days from the Sale, You will be paid a commission for each Sold Account that generates a payment to Marketing Boost in a month (“Commission”). Except as otherwise provided herein, Commission payments will be paid on the 1 st and 15 th of each month following Marketing Boost' receipt of payment for a Sold Account, subject to the other terms of this Agreement. In the event the 1 st or 15 th of each month falls on a holiday, Commission payments will be paid on the business day preceding the holiday. All Commission payments are based on the amount of fees received by Marketing Boost, less sales taxes.
The amount of Commissions are as follows:
1. Paid Account: 40% Commission
2. Paid Account Referrals: 10% Commission on sales your affiliate earns
3. Free Account: $10 one time commission*
All Commissions and Bonuses are paid in US Dollars (USD) or otherwise in currencies offered by the payment provider. Some payment methods may incur processing fees that may be deducted from Your Commissions or Legacy Bonus payment. Your combined Commission and Legacy Bonus must equal or exceed 100 Dollars ($100.00) (USD) before You receive a payment from Marketing Boost. If Your combined Commissions and Legacy Bonuses in a 120-day period do not exceed $100.00 (USD) Your Commissions will not be paid and will be forfeited by You to Marketing Boost.
Once a Commission of $100 (USD) or more is earned, You will need to register with our third-party payment provider to receive payment of Commissions. This means You are authorizing third party companies to contact You. Before You can be paid any Commission or Legacy Bonus, You must provide Marketing Boost a completed W-8 or W-9 tax form, as instructed by Marketing Boost, as well as any supporting documentation requested by Marketing Boost or its third-party payment provider. You will be deemed to have permanently waived all rights to Commissions or Legacy Bonuses that were earned more than 120 days before submitting a completed W-8 or W-9 tax form or any ancillary supporting documentation that is requested to confirm the information on your tax form. If you are not a resident of the United States, Marketing Boost may contain tax (including without limitation VAT) where required by applicable law. You are solely responsible for complying with all tax laws in Your respective jurisdiction(s) including, but not limited to, the payment of all required taxes, and filing of all returns and other required documents with, the applicable governing body(ies).
Affiliates will not be paid any Commissions or Legacy Bonuses for payments made on Affiliate's own user account(s). Affiliates are not permitted to open a Marketing Boost account under the name of another person or entity, under a fictitious name, or under any name merely for the purpose of obtaining Commissions, Legacy Bonuses or any other compensation. Affiliates may not pay for another person's or entity's account. Affiliates are not permitted to offer cash rebates or other monetary incentives to obtain Sales or Legacy Sales.
Commissions and Legacy Bonuses are paid only for transactions that actually occur between Marketing Boost and a Sale or a Legacy Sale and in which payment is received by Marketing Boost. If payment for a Sold Account or a Legacy Account later results in a refund or chargeback, and if a Commission or Legacy Bonus was paid to You for that Sold Account or Legacy Account payment, then the Commission or Legacy Bonus will be deducted from Your future Commissions and/or Legacy Bonuses.
If Marketing Boost determines, in its sole and exclusive discretion, that any Sale or Legacy Sale was procured fraudulently or as a result of any violation of this Agreement or applicable law, no Commission or Legacy Bonus will be paid for such Sale or Legacy Sale and, for past sales, such payment amounts shall be deducted from Your future Commissions and Legacy Bonuses, and Marketing Boost may terminate this Agreement immediately, without notice, and without Marketing Boost having any liability to You. Commissions on free accounts will only be paid if a user logs in and sends at least 1 vacation incentive.
TERM AND TERMINATION The term of this Agreement will begin the earlier of (i) when You click “I accept the Terms and Conditions” and submit; or (ii) Your participation in the Affiliate program is approved. Your participation in the Marketing Boost Affiliate program will continue month-to-month until terminated. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party thirty (30) days' written notice of termination. If, in our sole discretion, You fail, or we suspect that You have failed, to comply with any term or provision of the Agreement or the Terms of Service, or violated any law, whether in connection with Your use of Marketing Boost or otherwise, Marketing Boost may take any action that it deems necessary, including without limitation to terminating the Agreement or suspending Your access to the Affiliate website (“Website”) at any time without notice to You. In addition, if, based on our data, you have a dispute rate greater than 2%, we may terminate this Agreement or suspend your access to the Website at any time without notice to You. In such instances as described above, and in our sole discretion, we may terminate our relationship and suspend any accounts owned/controlled by You. For the avoidance of doubt, and without limitation for purposes of the foregoing, any violation of the required disclosure will be deemed a material breach of this Agreement. See Appendix A, Section 2, Disclosure. In the event this Agreement is canceled due to Your breach, You immediately forfeit all Commissions, Legacy Bonuses, This Agreement will terminate automatically if You earn no (zero) Commissions over a 12 month period.
If this Agreement is terminated or canceled, then all provisions that, by their nature, should survive, will survive, including, but not necessarily limited to, all limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration and class action waiver provisions. , and exceptions to arbitration. All representations and warranties undertaken by You shall also survive termination or cancellation of this Agreement and/or Your Marketing Boost account.
ADDITIONAL REPRESENTATIONS AND WARRANTIES In addition to Your other representations and warranties herein, You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against You by the Federal Trade Commission (“FTC”), any other federal or state governmental agency , or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against You which relate to alleged intention torts or alleged violation of any consumer protection or advertising laws. If You become the subject of such an investigation, inquiry, prosecution, or lawsuit any time after this Agreement is executed, You are required to notify Marketing Boost of the same within 24 hours. Marketing Boost, in its sole and exclusive discretion, may immediately terminate Your participation in Marketing Boost' Affiliate program,
ENTIRE AGREEMENT This Agreement, Appendix A below, along with Marketing Boost' standard terms and service, represents the entire agreement between the Parties and supersedes any other written or oral agreement between the Parties as pertaining to Your Affiliate application and, if approved, Your rights and responsibilities as an Affiliate.Appendix A
Additional Terms of the Affiliate Agreement and Advertising Rules These Advertising Rules apply to all activities of Affiliate:
1.General Compliance: Affiliate shall publish or otherwise distribute advertisements in strict compliance with all applicable laws and regulations, including without limitation, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (including the federal CAN-SPAM Act (15 USC § 7701)), data protection laws (including but not limited to the European Union General Data Protection Regulation, UK Data Protection Act, California Consumer Privacy Act, and Brazilian General Data Protection Regulation), laws governing testimonials (including the FTC's Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)), and all guidelines issued by the FTC. Affiliate is solely responsible for ensuring Affiliate's compliance with all laws. Affiliate Marketing Boost is prohibited from publishing or otherwise distributing advertisements by telemarketing, fax, or text messaging in any form to any device. Affiliates shall not offer monetary incentives, such as rewards points, cash, or prizes to Prospects in return for their response to an advertisement. Affiliate may, however, offer Prospects information and materials of tangible value including, but not limited to, website templates, information about e-commerce, website design, and online marketing, for reduced or no charge, but only so long as Affiliate accurately describes and delivers such information and materials to the Prospect.
2.Disclosure: On any website that Affiliate advertises any Marketing Boost service or product, Affiliate must plainly display ( ie , not in a link, or in small font) disclaimer language, such as:
Disclosure: I am an independent Marketing Boost Affiliate, not an employee. I receive referral payments from Marketing Boost. The opinions expressed here are my own and are not official statements of Marketing Boost or its parent company, Digital Experts LLC.
3.Non-Disparagement: Affiliate is not permitted to comment negatively about or disparage the products or services of Marketing Boost or any other person or entity, including without limitation the products or services of a Marketing Boost competitor. Affiliate is not permitted to engage in any unlawful or deceptive actions with respect to search engine optimization, including, but not limited to, using any technique that generates paid search results based on any trademarks of Marketing Boost, any brand name of Marketing Boost, or based on the trademarks or brand name of any competitor of Marketing Boost, or any other third party. Affiliate shall not direct link to a Marketing Boost' sales page from any paid advertising.
4.Social Media : If Affiliate advertises on Instagram or YouTube, then each post must comply with all of the following:
5.Income and Business Opportunity Claims: Affiliates are expressly prohibited from making any claims that use of Marketing Boost will guarantee that the user will make money. If Affiliate's recruiting efforts include claims related to income Affiliate has made from using Marketing Boost or as an Affiliate, the following guidelines must be adhered to:
6.Independent Contractor: Affiliates are independent contractors of Marketing Boost. It is the express understanding and intention of the Parties that no relationship of master and servant nor principal and agent shall exist between Marketing Boost and You by virtue of this Agreement. You have no right to act on behalf of or bind Marketing Boost in any way, nor share in the profits or losses of Marketing Boost. The only compensation available to You is set forth in this Agreement. You are solely and exclusively responsible and liable for all of Your acts or omissions.
7.NO WARRANTY NO LEADS: Marketing Boost does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that Marketing Boost will not at any time provide sales leads or referrals to You. You understand and agree further that this is not a business opportunity, a franchise opportunity, a “business-in-a-box,” or an assisted marketing plan. You are responsible for procuring and paying for any and all materials and resources necessary to operate as an Affiliate as You determine in Your sole discretion.
8.Indemnity: You agree to protect, defend, indemnify and hold harmless Marketing Boost, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limitation arising out of Your conduct, acts, or omissions related to Your application and/or performance of this Agreement including, but not limited to, any breach of this Agreement. Your indemnity obligation includes, but is not limited to, any third party claim against Marketing Boost for liability or payments for damages caused by, or other liability relating to, You. This provision expressly survives the termination of this Agreement.
9.Severity: In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms of Service, as modified, shall continue in full force and effect.
10.Modifications/Amendments: This Agreement and Marketing Boost' standard terms of service may be modified by Marketing Boost at any time, with or without prior notice to You. Amendments or modifications to this Agreement or the Terms of Service will be binding on You when they are sent to You via email, or are posted in the affiliate center. No amendment to this Agreement or the Terms of Service shall be valid unless prepared or signed by Marketing Boost. Your continued acceptance of Commission or Legacy Bonus payments constitutes Your acceptance of any modifications or amendments to this Agreement and the Terms of Service.