ELITE PARTNERSHIPS AFFILIATE AGREEMENT
I, the Contractor as described herein, desires to operate a referral service whereby I will enlist individuals, which will subscribe to the Company´s Website. In consideration of the mutual obligations contained herein, I hereby agree as follows:
ARTICLE I - CONTRACTOR'S RESPONSIBILITIES
A.) The Contractor shall be solely and exclusively responsible for any and all expenses incurred in conjunction with his or her referrals. This includes, without limitation:
i) Advertising, Marketing and Promotional Costs
ii) Personnel as he or she deems appropriate
iii) Any and all expenses attributable to the clerical operation of their respective referral service such as, but not limited to, rents, taxes, telephone bills, copies, faxes, postage, stationary, forms, fliers, etc.
iv) Conducting such referral business utilizing the "Elite Mate.Com" Name and Mark in such format and manner as may be authorized in writing by the Company. The Contractor understands that the "Elite Mate" name and logo are valuable and agrees to use them only in ways authorized and satisfactory to the Company.
v) Under no circumstances shall the Contractor obligate the Company for any liabilities whatsoever.
A.) The Contractor will receive be default the sum of Five Dollars (U.S. $5.00) per paying Subscribing Referral Customer for the first month. Thereafter, the Company shall provide the Contractor with Five Dollars (U.S. $5.00) per Month in residual income for each and every Month such customer continues to pay for and subscribe to the Website. In addition, the Contractor shall receive the sum of Five Dollars (U.S. $5.00) per Month on any accounts, which cease utilizing the site upon the return of said account to active paying status within Twelve (12) Months thereafter.
The contractor can chose to get a 1 time payment of $3 for each
registrant with valid email address and contact information (this campaign can not
be combined with the 50/50 Split campaign...its either one payment structure or
the other). The necessary contact information is found on the first page of
this registration form.
firstname.lastname@example.org for the total due for the monthly commission payments to be processed by EliteMate and paid to the contractor. The contractor must submit an invoice
email@example.com at the end of every calendar month in order to be paid by EliteMate.com.
The contractor can get a one pay out of $3 per each free registrant or a 50% revenue sharing deal on paying monthly clients. You must email firstname.lastname@example.org and indicate which payment structure you would like. If the contractor does not email email@example.com with their pay out selection then the contractor will automatically get the 50% revenue sharing deal on paid monthly members by default. The contractor can not switch over to the other payment structure once their first payment is made to them on a particular payment structure. The contractor must submit an invoice at the end of every calendar month to
All free leads must be subscribed in the USA, Canada and the UK with a valid email address and all statistics on ElitePartnerships.com reflect that. The compensation referenced herein will be in full and final satisfaction of the Company's obligations to the Contractor in perpetuity. It is understood that the customer being referred and his or her respective pedigree information are being acquired as a work for hire. Thus, it is mutually understood that any such information is proprietary to the Company and constitutes a Trade Secret.
for the total due for the monthly commission payments to be processed by EliteMate and paid to the contractor. The contractor must submit an invoice
firstname.lastname@example.org at the end of every calendar month in order to be paid by EliteMate.com.
B.) Any Sums payable hereunder shall be due and payable to Contractor within Thirty (30) Business Days of the clearance the Subscription Fees tendered by the customer referred by the Contractor. In addition, the tender of any and all funds contemplated in this Agreement from the Company to the Contractor is contingent upon the Contractor's performance as represented herein. Any breach by the Contractor shall thus serve to terminate this Agreement as well as claim to compensation (residual or otherwise) hereunder. In addition, any and all Referred Subscribers must utilize the particular Contractor's Access Code upon subscriber as a condition precedent to qualification for payment to the Contractor.
A.) The Company will pay the Contractor all sums due and payable in the manner referenced herein.
B.) The Company shall maintain books and records of all sums collected hereunder from the Contractor's referral customers. These records shall be contemporaneously updated on no less than a Monthly Basis by the Company. The Contractor shall have the right to inspect such records at its own cost upon Five (5) Day written Notice to the Company.
C.) It is understood that nothing in this Agreement creates or constitutes any partnership, joint venture, agency, franchise, sales representative, employment relationship, et al. between the Parties. The Company will thus provide the Contractor with a 1099 Income Statement at Year-End reflective of their role as independent contractor.
D.) No express or implied warranties or representations with respect to the Site by the Company are contained herein. In addition, no representation with regard to the uninterrupted or error-free operation of the Site is express or implied. The Company is not liable for the consequences of any interruptions or errors in Site service.
A.) Both Company and Contractor shall conduct any and all of their activities in conjunction with any and all applicable Federal, State and Local Laws, Rules and Regulations. Each Party agrees to indemnify and hold harmless the other Party from any claim, suit, proceeding, charge, et al. as a result of the other Party's violation thereof.
Any actions contrary to such laws, rules and/or regulations shall be construed as a material breach of this Agreement and allow the effected Party to pursue any and all available remedies at law and in equity.
B.) Neither party, nor any of his or her employees or agents, will be held out as being authorized to make any contracts, agreements or to represent the other Party except if upon prior written authorization.
C.) Each Party agrees to be solely responsible for any errors incurred by their respective representatives or employees and will indemnify and hold harmless the other Party from any claim and/or damages as a result of the other Party's action and/or omissions.
A.) The Contractor shall not be permitted to engage in the business of Internet matchmaking for a period of Twelve (12) Months from the termination of this Agreement. More specifically, the Contractor shall not directly or indirectly, whether as an employee, employer, consultant, contractor, agent, officer, principal, partner, stockholder, director or any individual or representative capacity, engage or participate in any business that provides Internet matchmaking or the same or similar type services throughout such period.
B.) The Contractor recognizes and acknowledges that in the course of Contractor's duties and communications with the Company, the Contractor will receive confidential and/or proprietary information owned by the Company and/or other Third Party's with whom the Company has an obligation of confidentiality. Therefore, during and after the term of this Agreement, the Contractor agrees to keep confidential and not disclose or use, except in connection with the fulfillment of Contractor's duties to the Company hereunder, all confidential and/or proprietary information owned by, received by, or on behalf of the Company, unless such information is required to be disclosed by legal, administrative or judicial process. The Parties expressly agree that "Confidential and/or Proprietary Information" shall include, without limitation, the Customer Lists generated in furtherance of the Contractor's tender of referrals to the Company as well as any and all information relating to customers, customer development programming, costs, marketing, promotion, sales activity, financing methods, plans, blind alleys and/or the business affairs of the Company generally or of any subsidiary thereof.
C.) It is acknowledged that a breach of either of these provisions herein (A) or (B) by the Contractor shall cause irreparable harm to the Company which may not be fully redressed by payment of damages to it. Accordingly, the Company shall be entitled, in addition to any other right or remedy they may have at law or in equity, to seek an Injunction (without posting any bond or other security) enjoining or restraining any such violation of the provisions hereunder.
D.) The Company shall have the discretion to terminate this Agreement at any time in its sole discretion. However, the termination of this Agreement shall not adversely effect the payment of any residual income stream(s) due to Contractor as a result of the Contractor's efforts during the time in which this Agreement was in force. Said payments for these prior referrals shall continue as if the Agreement remained in full force and effect.
A.) This Agreement may not be assigned, encumbered or otherwise transferred in whole or in part by the Contractor except upon the Company's prior written consent.
B.) This Agreement contains the entire agreement of the Parties herein
C.) This Agreement may only be changed or modified by a writing signed by both Parties.
D.) This Agreement shall be governed in all respects by the laws of the State of New York. Any controversy or claim arising out of, or relating to, this Agreement or the breach hereof shall be settled by the Federal or State Courts of the State of New York, County of Kings.
E.) The covenants and agreements hereunder shall inure to the benefit of the Parties respective heirs.
F.) If any provision of this Agreement is found void or illegal, the remainder of this Agreement shall remain in full force and effect.
G.) Failure of the undersigned Company to enforce a breach of the terms of this Agreement shall not be deemed a waiver of any provisions of the Agreement.
H.) Whenever consent is required by either Party under this Agreement, such consent or a rejection shall be given within Fifteen (15) Business Days of receipt of such request. If such consent or rejection is not given, consent will be deemed granted.
I) Notices under this Agreement will be considered made if mail is sent Certified, Registered or Overnight Courier to the following addresses:
If to company: ElitePartnerships.com
105-10 62nd Road, Suite 1D
Forest Hills, NY 11375
Last Updated 5/31/2011