Affiliate Program Terms & Conditions
This Affiliate Agreement (“Agreement”) contains the terms and conditions between us, Three-Twenty Productions, LLC which owns and operates RealEstateCapitalPro.com (“RealEstateCapitalPro.com”) located at 3609 Center street, Cincinnati, Ohio 45227, and you (“Affiliate”), regarding your application and participation as an affiliate of RealEstateCapitalPro.com, and the establishment of links from your Web site to our Web site at “RealEstateCapitalPro.com.” Please read these terms and conditions carefully as they constitute a legal agreement between you and our company upon your acceptance into our affiliate program. By applying to and being accepted into our affiliate program, you agree to be bound by all of the terms and conditions set forth in this agreement relative to your participation in the affiliate program.
Affiliate Program Enrollment: To become a participant in RealEstateCapitalPro.com’s Affiliate Program, you will have to submit a complete Affiliate Program Application via our Web site. We will evaluate your application and notify you of your acceptance. We may reject your application if we determine, in our sole discretion, that your Web site is not suitable for the Affiliate Program for any reason, including, but not limited to, inclusion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable, which by way of example only, contains (i) sexually explicit, pornographic or obscene content (whether in text or graphics), (ii) speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise), (iii) graphic violence (which may include certain types of game sites), or (iv) any unlawful behavior or conduct. If we reject your application, you are welcome to reapply to the Affiliate Program at any time, provided, you alter your Web site to delete all offending content.
Setting Up Links: We will make available to you: a hotlink to our Web site (“Links”). In using the Links, you agree that you will cooperate fully with us in order to establish and maintain such Links. All Affiliate Web sites may display such graphic images prominently throughout your Web sites as you see fit and with our consent. A Link can be modified and/or expanded with our consent. We have the right, in our sole discretion, to monitor your Web site at any time and from time to time to determine if you are in compliance with the terms of this Agreement
Order Processing: We will process orders placed by customers who follow the Links from your Web site to the RealEstateCapitalPro.com Web site. All aspects of order processing and fulfillment, including order entry, customer service, cancellations, returns and payment processing will be our responsibility. We will track the amount of sales generated by your Web site and will make this information available to you through Digital Product Delivery.com. To permit accurate tracking, reporting, and fee accrual, you must ensure that the Links between your Web site and our Web site are properly formatted. You are responsible to inform RealEstateCapitalPro.com of any suspected problems in the tracking code immediately.
Commissions: We will pay you a commission equal to forty (40%) percent for all new customer purchases, utilizing the Links between your Web site and ours. A commission will only be paid if the customer is tracked as originating from your Link from the time of the Link to the time of the sale.
For a sale to generate a commission the customer must follow the Link for your Web site to our Web site, purchase a template or templates using our online ordering system, accept digital delivery of the template(s), and remit full payment to us. No commission will be paid for orders that are refunded, not paid for, undeliverable or payment for which is credited to any customer.
RealEstateCapitalPro.com shall set the price of any templates in its sole discretion.
Templates or Products referred to in this agreement, refer to Private Placement Memorandum Templates available directly through RealEstateCapitalPro.com. No commission is due or payable on the sale of any other products, including but not limited to books, services, subscriptions, seminars or training offered by or sold by RealEstateCapitalPro.com or any other partners, affiliates, advertisers or sponsors.
Payments: We will pay your commission on a semi-monthly basis on the 15th and 30th of each month, with a minimum hold period of thirty (30) days. If a product sale that generated commission is refunded by the customer, we will deduct the corresponding commission from your next monthly payment. All remittances will be made through PayPal.
Materials: RealEstateCapitalPro.com may provide certain materials for use by Affiliate and on Affiliate’s site. These materials may include, but are not limited to: free templates, promotional materials, product samples, banners, promotional links and language. RealEstateCapitalPro.com retains all rights in these materials including the right to modify, remove (or ask you to remove) and to stop using said materials at any time and for any reason. Affiliate will not alter, add to, subtract from, or otherwise modify the materials provided by RealEstateCapitalPro.com without first obtaining written consent from Three-Twenty Productions, LLC.
Spam: Under no circumstances shall Affiliate send commercial electronic mail messages as defined in the new Federal spam law, the CAN-SPAM Act of 2003 [the “Act”], with respect to RealEstateCapitalPro.com’s Program. For clarification, this does not prohibit Affiliate from sending transactional or relationship messages as defined in the Act. RealEstateCapitalPro.com reserves the right to collect, withhold, or cancel any and all compensation related to the content Affiliate sends via commercial electronic mail messages.
Fraud: RealEstateCapitalPro.com retains the right to review all commissions for possible fraud. Any incidence of fraud constitutes a breach of this Agreement, and RealEstateCapitalPro.com retains full authority to terminate this Agreement immediately.
Advertising Compliance:
- Affiliates MAY NOT offer cash back, rewards or incentives.
- Affiliates MAY NOT bid on trademark, trademark +, or misspelled keywords for the purpose of PPC on the search engines (Google, Yahoo, MSN, Ask etc.).
- Affiliates MAY use the approved banners and ad text code found in the affiliate management center.
- Affiliates are responsible for ensuring that their tracking code is working properly before sending traffic to our servers. Any modification to the links is the sole responsibility of the affiliate – commissions will not be paid for tracking errors caused by editing, masking or tampering with your links.
- Affiliates MAY NOT use cookie stuffing techniques that set the tracking cookie without the user actually clicking on the referral link (for example a 1×1 pixel iframe).
- The use of redirected pages and links to send a user to our site is prohibited. Example: you may not have a PPC link on a search engine that redirects the user to our site.
- Domain forwarding is prohibited – you may not purchase a domain and set it to forward directly to our site using your affiliate link.
- Affiliates MAY NOT copy our website or portions of it and display them on their own site or subdomain
Non-Exclusive: This is a non-exclusive agreement as to RealEstateCapitalPro.com and Affiliate. Both parties may enter into similar agreements with other parties.
Termination: Either Party may terminate this agreement with 30 days written notice to the other party. The agreement may be terminated sooner by RealEstateCapitalPro.com in the event of any breach by Affiliate.
Governing Law: This Agreement shall be subject to and construed according to the laws of the State of Ohio. Any suit to enforce any provision of this agreement must be filed in Cincinnati, Ohio.
Validity: In the event that any one or more of the provisions of this Agreement shall for any reason be held to be invalid, such invalidity shall not affect any other provision of this Agreement.
Interruption of Service: Although RealEstateCapitalPro.com will try to keep the service operational at all times, a certain amount of downtime and interruption of service is always possible and inevitable. RealEstateCapitalPro.com is not responsible for any interruption of the service and Affiliate agrees not to hold RealEstateCapitalPro.com liable for any consequences of interruption of any service.
Entire Agreement: This Agreement contains the entire agreement of the parties and no oral statements or prior agreements shall have any force and effect. RealEstateCapitalPro.com may modify the terms of this agreement from time to time, and it is Affiliate’s responsibility to check for any changes.