As a Webvertise Affiliate, we will pay you $50 for each referral that purchases a web site. Our Preferred Affiliate program starts after 10 referrals and pays monthly compensation. Just 5 referrals at the Master level gives you $100 every month even if you do not refer any new clients. At the Advanced level, you earn residual income for affiliates you refer to join our team and from their referred business. Referral payments will be sent out within 24 hours of the start of the referred site’s construction.
Please feel free to contact us concerning any referral to see if they have contacted us or if work has begun on their site. Our plan pays more than most MLM businesses for each sale. Register and work with us to earn extra cash! Referral payments will be sent out within one week of the start of the referred site’s construction.
AFFILIATE TERMS AND CONDITIONS
The following are the terms and conditions (this “Affiliate Agreement” or the “Affiliate Terms”) for affiliates that direct potential customers to any Webvertise web site (the “Site”) and where Webvertise has agreed to pay that affiliate (“you”) for directing those potential customers to the Site.
By submitting your application for being an affiliate of the Site, you agree to be bound by the Terms as stated herein without modification. Webvertise reserves the right, in its sole discretion, to change, modify, add or remove all or part of the Terms of Service(TOS) at any time. Merchant will receive notice of such changes and/or modifications pursuant to Section 24 regarding notices.
1.1 By accepting the terms and conditions of the Affiliate Agreement, Affiliate (a) represents and warrants that he or she is 18 years old or older; (b) agrees to provide true, accurate, current and complete information as prompted by the Registration Form; and (c) agrees to maintain and update this information to keep it true, accurate, current and complete by communicating any changes. If any information provided by Merchant is untrue, inaccurate, not current or incomplete, Webvertise has the right to terminate Affiliate’s account and refuse any and all current or future use of the Service.
1.2 By completing the registration process and clicking the “I Agree with Terms and Conditions” or “Register” button, you agree to be bound by the and TOS.
2. Nature of the Relationship
The nature of the relationship between Webvertise and you will be that of independent contractors for all purposes and in no event will any person employed by you be held or construed to be employees of Webvertise. Specifically, Webvertise is not a member of any partnership, joint venture or franchise arrangement with you.
3. Ownership and use of Webvertise Materials
“Webvertise Materials” include any legal materials, documents, contracts, software, products, web links, promotional material, email, information, partial Webvertise Material or any other materials provided by Webvertise, the Site or any Webvertise service in any way. Webvertise retains complete ownership and all rights to the Webvertise Materials. You do not have the right to use or change any of the Webvertise Materials without prior written consent of Webvertise. You do not have the right to use any Webvertise Materials for third party or competitive use. All use of Webvertise Materials, with or without prior written consent, will cease after termination of this agreement.
This Agreement will be for an indefinite term and can be terminated immediately without cause by either Webvertise or you providing notice to the other party. Upon termination, you will stop using Webvertise Materials and you will discontinue any use of the Webvertise trademark.
5. Your Compensation
As a Webvertise Affiliate, we will pay you $50 for each referral that purchases a web site. Our Preferred Affiliate program starts after 10 referrals and pays monthly compensation. Referral payments will be sent out within one week of the start of the referred site’s construction. Please feel free to contact us concerning any referral to see if they have contacted us or if work has begun on their site.
5.1 Referral Confirmation
When you refer someone to Webvertise, they must place your name in the area on the Webvertise Information Worksheet found on the “Get Started” page of the Webvertise site located at www.webvertise.us. You will be notified via email when this occurs to document the referral. A second email will be sent out when the referral begins construction on their website. The referral will also be documented in your online account record which you will be able to verify. Webvertise is not responsible for referrals not entering your name in this space even if you referred them. If a mistake is made, the referral has 2 weeks to email the intended entry to Webvertise so you can receive credit.
5.2 Preferred Affiliate Levels
Residual payments monthly for each referral in addition to the referral bonus.
|Basic||$ 5.00 Monthly|
Residual payments continue automatically as long as the referral is a Webvertise client. The residual amount is paid for a referral at the rate of the level the Affiliate was at the time the referral purchased their site.
After 10 referrals one becomes a Preferred Affiliate at the basic level.
After 20 referrals one becomes a Preferred Affiliate at the intermediate level.
After 30 referrals one becomes a Preferred Affiliate at the advanced level.
After 40 referrals one becomes a Preferred Affiliate at the master level.
After 50 referrals one becomes a Preferred Affiliate at the partner level.
5.2.1 Commissions on Referred Affiliates
At the Advanced level or higher, you earn residual income for affiliates you refer to join our team and from their referred business. You will receive 50% of all referral and residual commissions of any Affiliates your recruit. Just 5 referrals at the Master level gives you $100 every month even if you do not refer any new clients. At the Advanced level, you earn residual income for affiliates you refer to join our team and from their referred business.
5.2.2 Origin of Compensation
If a referral cancels service and later decided to renew service, all compensation earnings continue for the Affiliate who originally recruited them and their up line. A one year expiration date exists for this rule. After one year of cancellation of services, a new Affiliate can recruit the referral as a new referral.
You will have access to sales and commission reports available through the Webvertise Affiliate page. We will not provide any compensation for any referrals where the provision of any compensation for a referral is prohibited by law.
Any amount over $600 in compensation must be reported as income to the IRS. Webvertise will provide a misc-1099 form reflecting any amount over this amount to an affiliate to file with their taxes.
6. Content Development
You are solely responsible for all content development (and its cost) on your web site if you choose to create one.
You may be given or obtain access to non-public information of Webvertise that Webvertise considers to be of a confidential, proprietary, or trade secret nature, including, but not limited to, customer information, pricing, financial and operational information, business information and marketing information, in whatever form or media, whether or not marked as confidential (collectively “Confidential Information”). You agree not to use any Confidential Information disclosed to you by Webvertise for your own use or for any purpose other than to carry out your obligations under this Agreement. You will not disclose any Confidential Information to third-parties or to your employees or agents, other than employees and agents who are required to have the information in order to carry out your obligations under this Agreement. You agree to notify Webvertise immediately and in writing of any misuse or misappropriation of Webvertise’s Confidential Information, which may come to your attention and to return Webvertise’s Confidential Information upon the request of Webvertise. Confidential Information shall not apply to: (a) information that is or becomes a matter of public knowledge through no fault of or action by you, (b) information that prior to disclosure was rightfully in your possession as a result of disclosure by a third-party under no obligation or restriction of confidentiality, (c) information that, subsequent to disclosure, is rightfully obtained by you from a third-party under no obligation or restriction of confidentiality, and (d) information that is independently developed by you without use, knowledge or access to the Confidential Information of Webvertise.
You agree to indemnify and hold Webvertise, its directors, officers, shareholders, successor and predecessor companies, attorneys, agents and employees harmless from any claim, demand, or damage, including reasonable attorneys’ fees and costs, asserted by any third party due to or arising out of the your actions (including but not limited to advertising, web site content or how you otherwise direct potential customers to our site).
9. Limitations of Damages
Webvertise will not be liable to you for any exemplary, punitive, special or consequential damages, including lost revenues, lost profits or lost prospective economic advantage arising from any act or omission in performance or failure to perform under this Agreement, even if Webvertise is at fault and/or knew or should have known of the possibility thereof, and you hereby release and waive any claims against Webvertise regarding such damages.
10. Trademarks and other Intellectual Property
You acknowledge that all rights in any registered trademarks or any pending trademark registrations associated with the business of Webvertise (i.e., trademarks, service marks, slogans, logos, designs and other similar means of distinction), including all goodwill pertaining thereto, shall be the sole property of Webvertise. You may use and display such trademarks only in the manner and for the purpose authorized by Webvertise, and only during the Term of this Agreement. Webvertise reserves the right to add to, change or discontinue the use of any trademark it owns, on a selective or general basis, at any time. You shall not use any trademark or trade name of Webvertise in any corporate, partnership or business name without Webvertise’s prior written consent.
11. Affiliate Website
An Affiliate one page website can be created by Webvertise for a discounted fee of $100.00.
No press releases mentioning your affiliate program participation may be made without prior written consent of Webvertise to a release being made. You will provide a copy of any press releases to Webvertise.
You agree to conduct yourself with due regard to public conventions and morals and agree that you will not do or commit any act or thing that will tend to degrade Webvertise or bring it into public hatred, contempt, scorn or ridicule or that will tend to shock, insult or offend the community or ridicule public morals or decency. Further, you will not market Webvertise’s Site or products using illegal, unethical, or misleading methods, or through inaccurate content.
14. Modification to Terms
Webvertise reserves the right to change these terms at any time and to notify you by updating and posting these terms on its Site and via email. Webvertise must give a 90 day notice of any changes to these terms. Webvertise is not bound by any other modifications to these terms and conditions unless signed in writing by an authorized Webvertise officer or owner.
15. Webvertise Promotional Material
Affiliates are encouraged to purchase promotional materials for the Webvertise online store access through the Store link located at www.webvertise.
This Agreement cannot be assigned.
No failure or delay, on the part of Webvertise, in exercising any right or power under these Terms will operate as a waiver of such right or power.
If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
19. End User
The end user of Webvertise’s Material will be subject to the Site’s terms and conditions and disclaimers.
20. Binding Effect
This Agreement will pass to the benefit of and be binding upon the respective heirs, executors, administrators, successors of Webvertise and you.
The headings, captions, titles, and numbering system are inserted only as a matter of convenience and may under no circumstances be considered in interpreting the provisions of this Agreement.
22. Binding Arbitration Provision and Class Action Waiver
Important Note Regarding this Arbitration provision:
* Arbitration does not limit or affect the legal claims you may bring against the Company. Agreeing to arbitration only affects where any such claims may be brought and how they will be resolved.
* Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge, or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties using the process set forth herein. Other arbitration rules and procedures are also set forth herein.
* Unless the law requires otherwise, as determined by the Arbitrator based upon the circumstances presented, you will be required to split the cost of any arbitration with the Company.
* IMPORTANT: This arbitration provision will require you to resolve any claim that you may have against the Company or Webvertise on an individual basis pursuant to the terms of the Agreement unless you choose to opt out of the arbitration provision. This provision will preclude you from bringing any class, collective, or representative action against the Company or Webvertise. It also precludes you from participating in or recovering relief under any current or future class, collective, or representative action brought against the Company or Webvertise by someone else.
WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT BUSINESS DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD NOT RELY SOLELY UPON THE INFORMATION PROVIDED IN THIS AGREEMENT AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ABRITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.
i. How This Arbitration Provision Applies.
This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C.§ 1 et seq. (the“FAA”) and evidences a transaction involving commerce. This Arbitration Provision applies to any dispute arising out of or related to this Agreement or termination of the Agreement and survives after the Agreement terminates. Nothing contained in this Arbitration Provision shall be construed to prevent or excuse you from utilizing any procedure for resolution of complaints established in this Agreement (if any), and this Arbitration Provision is not intended to be a substitute for the utilization of such procedures. Except as it otherwise provides, this Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. This Arbitration Provision requires all such disputes to be resolved only by an Arbitrator through final and binding arbitration on an individual basis only and not by way of court or jury trial, or by way of class, collective, or representative action. Such disputes include without limitation disputes arising out of or relating to interpretation or application of this Arbitration Provision, including the enforceability, revocability or validity of the Arbitration Provision or any portion of the Arbitration Provision. All such matters shall be decided by an Arbitrator and not by a court or judge. Except as it otherwise provides, this Arbitration Provision also applies, without limitation, to disputes arising out of or related to this Agreement and disputes arising out of or related to your relationship with the Company, including termination of the relationship. This Arbitration Provision also applies, without limitation, to disputes regarding any city, county, state/province or federal wage–‐hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, harassment and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by the Company and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), Genetic Information Non–‐Discrimination Act, and state statutes, if any, addressing the same or similar subject matters, and all other similar federal and state or provincial statutory and common law claims. This Agreement is intended to require arbitration of every claim or dispute that lawfully can be arbitrated, except for those claims and disputes which by the terms of this Agreement are expressly excluded from the Arbitration Provision. The parties expressly agree that Webvertise is an intended third–‐party beneficiary of this Arbitration Provision.
ii. Limitations On How This Agreement Applies.
The disputes and claims set forth below shall not be subject to arbitration and the requirement to arbitrate set forth in this Arbitration Provision shall not apply: Claims for workers compensation, state disability insurance and unemployment insurance benefits; Regardless of any other terms of this Arbitration Provision, claims may be brought before and remedies awarded by an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate. Such administrative claims include without limitation claims or charges brought before the Equal Employment Opportunity Commission (www.eeoc.gov), the U.S. Department of Labor (www.dol.gov), the National Labor Relations Board (www.nlrb.gov), or the Office of Federal Contract Compliance Programs (www.dol.gov/esa/ofccp). Nothing in this Arbitration Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration; Disputes that may not be subject to predispute arbitration agreement as provided by the Dodd–‐Frank Wall Street Reform and Consumer Protection Act (Public Law 111–‐203) are excluded from the coverage of this Arbitration Provision; Disputes regarding your, the Company’s, or Webvertise’s intellectual property rights; This Arbitration Provision shall not be construed to require the arbitration of any claims against a contractor that may not be the subject of a mandatory arbitration agreement as provided by section 8116 of the Department of Defense (“DoD”) Appropriations Act for Fiscal Year 2010 (Pub. L. 111-‐118), section 8102 of the Department of Defense (“DoD”) Appropriations Act for Fiscal Year 2011 (Pub. L. 112-‐10, Division A), and their implementing regulations, or any successor DoD appropriations act addressing the arbitrability of claims. This Binding Arbitration Agreement and Class Action Waiver applies to any Dispute arising from or related to a Solution or this Agreement and involving you and Webvertise Inc. and/or its Affiliates. “Dispute”, for purposes of this provision, means any dispute, action, or other controversy regardless of the particular cause of action(s) asserted (i.e., it encompasses, among any other potential cause of action or legal basis, claims for breach of contract, fraud, and violation of statute or regulation). The foregoing definition of “Dispute” will be given the broadest possible meaning allowable under law.
iii. Selecting The Arbitrator and Location of the Arbitration.
The Arbitrator shall be selected by mutual agreement of the Company and you. Unless you and the Company mutually agree otherwise, the Arbitrator shall be an attorney licensed to practice in the location where the arbitration proceeding will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted. If the Parties cannot agree on an Arbitrator, then an arbitrator will be selected using the alternate strike method from a list of five (5) neutral arbitrators provided by JAMS (Judicial Arbitration & Mediation Services). You will have the option of making the first strike. If a JAMS arbitrator is used, then the JAMS Streamlined Arbitration Rules & Procedures rules will apply. Those rules are available here: http://www.jamsadr.com/rules-‐streamlined-‐arbitration/
The location of the arbitration proceeding shall be no more than 35 miles from the place where Webvertise is headquartered unless each party to the arbitration agrees in writing otherwise.
iv. Starting The Arbitration.
All claims in arbitration are subject to the same statutes of limitation that would apply in court. The party bringing the claim must demand arbitration in writing and deliver the written demand by hand or registered mail with signature confirmation to the other party within the applicable statute of limitations period. The demand for arbitration shall include identification of the Parties, a statement of the legal and factual basis of the claim(s), and a specification of the remedy sought. Any demand for arbitration made to the Company or Webvertise shall be provided to Webvertise, PO BOX 14942, Austin, Texas 78761, USA. The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration. A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that party may be entitled may be rendered ineffectual without such provisional relief.
v. How Arbitration Proceedings Are Conducted.
In arbitration, the Parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the Arbitrator.
You and the Company agree to resolve any dispute in arbitration on an individual basis only, and not on a class, collective, or private attorney general representative action basis. The Arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. If at any point this provision is determined to be unenforceable, the parties agree that this provision shall not be severable, unless it is determined that the Arbitration may still proceed on an individual basis only.
While the Company will not take any retaliatory action in response to any exercise of rights you may have under Section 7 of the National Labor Relations Act, if any, the Company shall not be precluded from moving to enforce its rights under the FAA to compel arbitration on the terms and conditions set forth in this Agreement.
vi. Paying For The Arbitration.
Each party will pay the fees for his, her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law (i.e., a party prevails on a claim that provides for the award of reasonable attorney fees to the prevailing party). If under applicable law the Company is not required to pay all of the Arbitrator’s and/or arbitration fees, such fee(s) will be apportioned equally between the Parties or as otherwise required by applicable law. Any disputes in that regard will be resolved by the Arbitrator.
vii. The Arbitration Hearing And Award.
The Parties will arbitrate their dispute before the Arbitrator, who shall confer with the Parties regarding the conduct of the hearing and resolve any disputes the Parties may have in that regard. Within 30 days of the close of the arbitration hearing, or within a longer period of time as agreed to by the Parties or as ordered by the Arbitrator, any party will have the right to prepare, serve on the other party and file with the Arbitrator a brief. The Arbitrator may award any party any remedy to which that party is entitled under applicable law, but such remedies shall be limited to those that would be available to a party in his or her individual capacity in a court of law for the claims presented to and decided by the Arbitrator, and no remedies that otherwise would be available to an individual in a court of law will be forfeited by virtue of this Arbitration Provision. The Arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. Except as may be permitted or required by law, as determined by the Arbitrator, neither a party nor an Arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all Parties. A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration. The Arbitrator shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
viii. Your Right To Opt Out Of Arbitration.
Arbitration is not a mandatory condition of your contractual relationship with the Company. If you do not want to be subject to this Arbitration Provision, you may opt out of this Arbitration Provision by notifying the Company in writing of your desire to opt out of this Arbitration Provision, either by (1) sending, within 30 days of the date this Agreement is executed by you, electronic mail to email@example.com, stating your name and intent to opt out of the Arbitration Provision or (2) by sending a letter by U.S. Mail or by any nationally recognized delivery service (e.g, UPS, Federal Express, etc.), or by hand delivery to:
PO BOX 14942
Austin, TX 78761-4942