This Agreement contains the complete terms and conditions that apply to your participation as an affiliate with the Privy Affiliate Marketing Program, and the establishment of referrals from your company to www.GetPrivyNow.com or any other designated websites defined by Privy.
As used in this Agreement, "we," "us" or "Privy" means RE Data Lab, Inc., and "you," "your" or "Affiliate," means the affiliate. “Website” individually and collectively means your website and/or e-mail communications and/or software applications. "Affiliate Marketing Program" means the program managed by or on behalf of Privy by which participating entities send referrals by the use of referral links, driving Prospects to designated websites, or the www.GetPrivyNow.com website and for which a referral fee is earned. Any participation in the "Affiliate Marketing Program" qualifies as acceptance of the Terms and Conditions of this program.
Term and Termination
The term of this Agreement (the "Term") will begin upon our acceptance of your company in the Privy Affiliate Marketing Program and your acceptance of this Agreement and will end when terminated as described herein. Either you or we may terminate this Agreement at any time, with or without cause via written notice of termination. You are only eligible to earn commissions on sales occurring during the Term, and commissions earned through the date of termination will remain payable only if the subscriptions are not canceled. Any recurring commissions are also cancelled and will not be paid outside this term. Privy may withhold final payment for a reasonable time to ensure against cancellations.
Privy reserves the right to terminate any accounts we deem as "inactive" accounts. An affiliate account would be considered "inactive" if it fails to generate any “new” sales for a period of at least six (6) months. In the event of account termination due to inactivity, affiliates will forfeit any commission balance less than the minimum commission payout amount of $100.00.
Privy will make available to you, or you will create, subject to our approval, a variety of graphic and textual links (the "Links" collectively, or "Link" individually) in order to link to Privy and its designated websites. You and we will cooperate in good faith to develop and implement such Links. Each Link will permit recipients to navigate directly to a website designated by Privy. No Link will be placed on any page or screen that contains content that: advocates discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promotes or engages in illegal activities, violates intellectual property rights of third parties; or contains or promotes deceptive information.
You will be responsible for integrating the Links into your site to properly enable sales tracking, and we will not be responsible for your failure to do so, including to the extent such failure may result in reductions of amounts that would otherwise be paid to you under this Agreement
Privy can occasionally enter into mutually beneficial agreements that don’t necessarily conform with the Privy Affiliate Marketing Program
Affiliates will earn Referral Fees and bonuses based upon the agreed upon Tier level in this agreement. If there is not an executed agreement in place before a referral commission is logged, then any referral commissions logged will be based off the lowest Tier Level, unless otherwise negotiated.
Privy will pay you referral fees ("Referral Fees") equal to a percentage of the aggregate Net Proceeds received from the sale of Qualifying Purchases actually made from Privy and its network of websites. The term "Qualifying Purchases" will mean all Privy Real Estate Investing Software subscriptions and other products that are purchased by users during a visit to Privy's network of websites following navigation to the designated URL through a hypertext link from you under this Affiliate Marketing Program. Referral Fees will not be payable on sales otherwise made from Privy websites, even if the customer previously made a Qualifying Purchase. The term "Net Proceeds" will mean the gross proceeds received by Privy from the sale of Qualifying Purchases on Privy's websites, less costs and expenses attributable to taxes, shipping and handling, fraud and bad debts.
Duration: 1 promotion
- Promote the event
- 3 emails sent out
- Promote on 2 social media sites
Duration: 6 Months. 3 promotions
- Promote each event
- 3 emails sent out to DB
- Promote on 2 social media sites
Duration: 6 months, 3 promotions
- Promotion per event
- 3 emails sent out to DB
- Promote on 2 social media sites
- Privy is an “official Sponsor”
- Privy Logo / Links on Websites
Promote at Monthly Meeting
- Talk About Privy Benefits
- Privy on slide presentation
- Distribute flyers
Duration: 1 Year, 6 promotions
- Promote 6 events
- 3 emails sent out - per event
- Promote on 2 social media sites - per event
- Privy is an “official Sponsor”
- Privy Logo / Links on Website
- Talk About it
- Privy on slide presentation
- Distribute flyers with Privy promotions
Additional Referral Rewards
If any affiliate meets the bonus structures listed below they will be qualified to receive additional bonus rewards.
- Earn $10,000 in referral commissions in a calendar month and get a $1000 bonus
- Get 20 new subscribers in a calendar month and get a $500 bonus
30 Day Money Back Guarantee
Privy offers a 30 Day Money Back Guarantee on all software subscription plans. If any new Privy subscriber cancels their subscription during the 30 day trial then the affiliate will not receive any commissions. The commission schedule for all plans are as follows
Privy uses a 3rd party affiliate management service that tracks referrals using special software that communicates with the specially encoded URLs assigned to affiliates.
Furthermore, Privy uses a "last Affiliate wins" system, under which a particular Internet user is assigned to the last affiliate site he visited prior to entering the Privy Web site and then completes a transaction with Privy. For instance, the user visits Affiliate A; then enters Privy but does not complete a transaction; then the user later visits Affiliate B; finally enters Privy again and this time submits an order. In this case the consumer is assigned to Affiliate B, and the commission is paid to Affiliate B
Privy will endeavor to do its best to ensure accurate tracking of referrals made by affiliates. Affiliates will themselves be solely responsible for ensuring that these URLs are formatted properly, a necessary prerequisite to accurate tracking of referrals. Notwithstanding the above statement of responsibility by Privy to track referrals, affiliates hereby acknowledge and accept that the tracking system employed by Privy is not 100% fail-safe and that there may on occasion be instances of referrals made that are not credited to an affiliate for any of the following reasons:
- Failure by the affiliate to use the proper format of the specially assigned URL in promotions, webpage links, banner ads and so on
- Deliberate or accidental actions by customers to circumvent an affiliate's special URL so that our software is unable to accurately track the referral
- Acts of nature that cause irretrievable data loss on the computers and back-up media that store the commission information
As such, affiliates will not hold Privy liable to compensate for any claimed commissions that were not tracked and recorded by the tracking software
Payment of Commissions
We pay affiliates who refer subscribers a commission after the completion of the 30 Day Money Back Guarantee, and we’ve fully processed the payment and it’s cleared our account.
Referral fees will be payable after the completion of the thirty (30) Day Money Back Guarantee and at the end of our Quarterly Payment Cycle. If during any quarterly Term your referral fees do not exceed fifty dollars ($100.00), then you will not receive payments or reports until following term which your aggregate referrals fees equal or exceed said amount or until the termination of this agreement, whichever occurs earlier. Privy may make payments in advance of the Quarterly Payment Cycle at their discretion.
Privy pays affiliates via a PayPal account, provided to us when an affiliate applies. If the PayPal email changes, it is the responsibility of the affiliate to notify the Privy to ensure proper commission payments. We cannot guarantee re-sending of payments returned due to incorrect payment email addresses
Representations and Warranties; Limitation of Liability
Each of us hereby represents and warrants that
- It has full power and authority to enter into this Agreement and to perform its obligations hereunder;
- It has obtained all permits, licenses, and other governmental authorizations and approvals required for its performance under this Agreement;
- The services to be rendered by each of us under this Agreement neither infringe nor violate any patent, copyright, trade secret, trademark, or other proprietary right of any third party.
Privy will remain solely responsible for the operation of Privy websites, and you will remain solely responsible for the operation of your site. Each party acknowledges that their respective sites may be subject to temporary downtime due to causes beyond their reasonable control subject to the specific terms of this Agreement, retains sole right and control over the programming, content and conduct of transactions over its respective site or service.
EACH PARTY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (i) THE AMOUNT OF SALES THAT PRIVY AND ITS NETWORK OF WEBSITES MAY GENERATE DURING THE TERM, AND (ii) ANY ECONOMIC OR OTHER BENEFIT THAT THE OTHER PARTY MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT.
NEITHER PRIVY NOR AFFILIATE WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF THIS AGREEMENT. PRIVY’S ENTIRE LIABILITY ARISING FROM THIS AGREEMENT WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED THE AMOUNTS PAYABLE TO AFFILIATE HEREUNDER.
Privy reserves the right to refuse any site entry into the Privy Affiliate Marketing Program based on site content. Sites that do not qualify for the Affiliate Marketing Program include sites which
- Promote sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote illegal activities
- List coupon codes or discounts that were NOT officially provided to them by Privy. If you want to promote a coupon, contact us and we can work with you. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
- Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of RE Data Lab, Inc., Privy or any other site.
Privy Anti-Spam Policy
Privy strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, Twitter, Facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following
- Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of the recipient through an opt in subscription;
- Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.
- Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
- Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system;
- Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or were prohibited by applicable rules, regulations, or laws.
- Privy, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:
- Account Termination: Upon the receipt of a credible complaint, the Privy Affiliate Program manager may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account. At Privy’s discretion, termination may not only result in being banned from the affiliate program, but also being banned from ANY other internal affiliate programs.
If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department firstname.lastname@example.org
Fulfillment and Policy
Privy will be solely responsible for fulfilling all orders for its products and payment processing, and customers who buy products through the Affiliate Marketing Program will be deemed customers of Privy. Accordingly, all rules, policies, operating procedures and information concerning customer orders and sales will apply to those customers, including our rules of privacy and confidentiality. We may change our policies and operating procedures at any time, without notice
Intellectual Property Rights
Privy hereby grants to you during the Term a non-exclusive, non-transferable, royalty-free license to establish hyperlinks between yours and our Web Sites and to use Privy’s trade names, logos, trademarks and service marks (the "Privy Marks") on your site, or by email or other means, solely as is reasonably necessary to establish and promote such hyperlinks and to otherwise perform your obligations under this Agreement; provided, however, that any other promotional materials or usages containing any of the Privy Marks will be subject to Privy’s prior written approval.
You hereby grant to Privy during the Term, a non-exclusive, non-transferable, royalty-free license to establish hyperlinks between yours and our Websites, or by email or other means, and to use your trade names, logos, trademarks and service marks (the "Affiliate Marks") solely as is reasonably necessary to establish and promote such hyperlinks and to otherwise perform our obligations under this Agreement; provided, however, that any other promotional materials or usages containing any of the Affiliate Marks will be subject to your prior written approval.
Except as set forth above, you and we each reserve all right, title and interest in respective intellectual property rights (e.g., patents, copyrights, trade secrets, trademarks and other intellectual property rights). Use of the other's marks except as set forth herein is strictly prohibited
We agree to indemnify, defend and hold harmless you and your affiliates, directors, officers, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorney's fees) relating to the operation of our site, a breach of our obligations under this Agreement, or the violation of any third party intellectual property rights of editorial content or other materials provided by us for display on your site.
You agree to indemnify, defend and hold harmless us and our affiliates, directors, officers, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorney's fees) relating to the operation of your site, a breach of your obligations under this Agreement, or the violation of any third party intellectual property rights of editorial content or other materials of your site
You and we will each monitor and periodically test the general availability and operation of our respective Websites.
You and we are entering this Agreement as independent contractors, and nothing will be construed to create a partnership, agency, joint venture or employment relationship between you and us.
In its performance of this Agreement and in the operation of each party's respective Websites, you and we each will comply with all applicable laws, regulations, orders and other requirements, now or hereafter in effect, of governmental authorities having jurisdiction. Without limiting the generality of the foregoing, you and we each will pay, collect and remit such taxes as may be imposed with respect to any compensation, royalties or transactions under this Agreement.
Neither you or we will be considered to be in breach of or default under this Agreement on account of any delay or failure to perform as a result of any causes or conditions that are beyond our respective reasonable control. If any force majeure event occurs, the affected party will give prompt written notice to the other and will use commercially reasonable efforts to minimize the impact of the event.
This Agreement has been made in and shall be construed and enforced in accordance with the laws of the State of Colorado. Any action arising hereunder will be brought in the federal or state courts, located in Colorado.
Any notices under this agreement will be given in writing. Notices may be given by electronic mail and will be deemed delivered and given for all purposes on the sent date, but only if the receiving party has confirmed its receipt by return electronic mail. Notices sent via traditional means will be sent via certified mail, return receipt requested.
You may not assign this Agreement, in whole or in part, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.
The failure of either you or us to enforce any provision of this Agreement will not constitute a waiver of the right to subsequently enforce the provision. Any remedies specified in this Agreement are in addition to any other remedies that may be available at law or in equity.
This Agreement represents the entire Agreement between you and us with respect to the subject matter hereof and supersedes any other oral or written agreements regarding such subject matter, and may be amended or modified only by a written instrument signed by a duly authorized agent of each party.
If any provision of this Agreement will be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement will not be affected and will remain in full force and effect.
Which Tier Structure would you like to commit to?
This agreement will end in one calendar year from the fully executed date of this agreement unless agreed otherwise.
R.E. Data Lab Inc.
_______________________________________________ Date: ___________
Affiliate Partner Company Name: