incorporate.com Affiliate Program Description and Agreement
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Updated May 17, 2017
Affiliate Program Description
incorporate.com seeks individuals and entities interested in assisting to promote incorporate.com formation, registered agent, and other related services. Those individuals and entities are referred to as Affiliates. For each referral the affiliate produces which results in a completed transaction, the Affiliate will receive a commission determined by criteria set forth in the Affiliate Agreement.
How does the incorporate.com Affiliate Program work?
Individuals or entities interested in promoting and marketing incorporate.com services for the purpose of incorporate.com providing formation, registered agent, and related services can join our Affiliate Program by reading and accepting the terms of our Affiliate Agreement and completing the Affiliate Registration Enrollment Form. incorporate.com will evaluate your completed registration form and notify you via email of its acceptance or rejection. incorporate.com, in its sole discretion, with or without reason, may accept or decline an Affiliate relationship.
incorporate.com does not pay its Affiliates for advertising incorporate.com's services. Rather, the Affiliate may use selected incorporate.com advertising materials free of charge to promote incorporate.com's services. Any lead referred by Affiliate to incorporate.com which results in a completed company formation and associated Registered Agent Services sale will be eligible to earn commissions for each completed sale. The minimum payout per sale is $25, and the payouts per sale increase to a maximum of $100 as the Affiliate achieves a higher level of performance. Commission payments to our Affiliates are paid monthly. Unlike other affiliate programs, the incorporate.com Affiliate Program neither requires Affiliates to maintain minimum levels of sales referrals nor limits payouts. Our Affiliates may choose to advertise online through their website or offline. Either method is acceptable. However, if our Affiliates choose to promote incorporate.com's services online, the Affiliates' links must be approved by incorporate.com prior to use in marketing incorporate.com services.
Why Join the incorporate.com Affiliate Program?
- Earn up to $100 commission per completed sale.
- Monthly, unlimited commissions with no minimum.
- Real-time tracking and reporting statistics, available 24/7.
- Online and offline affiliate programs.
- It's FREE to join!
Affiliate Program Agreement
This Affiliate Agreement (the "Agreement") is made by and between The Company Corporation, a Delaware corporation, having its principal office at 251 Little Falls Drive, Wilmington, Delaware 19808 (hereinafter referred to as "incorporate.com") and the Affiliate whose name and address appears on the accompanying Affiliate Registration Enrollment Form (the "Enrollment Form") (hereinafter referred to as "Affiliate"). Affiliate is bound by the terms and conditions of this Agreement by clicking "accept" at the end of this Agreement. This Agreement is effective the day Affiliate's application is accepted by incorporate.com.
Each Affiliate accepted into the incorporate.com Affiliate Program (hereinafter, the "Program"), is subject to the terms of this Agreement.
1. Duties and Responsibilities
Upon acceptance into the Program, incorporate.com grants Affiliate a non-exclusive right to become an Affiliate in its Program. An Affiliate is defined as an individual or entity interested in promoting and marketing incorporate.com services for the purpose of increasing incorporate.com's market visibility and sales, in exchange for earning a commission for each referral that results in a completed transaction. A completed transaction is one in which incorporate.com has been provided all customer and payment information for the purpose of incorporating or for the purpose of forming a business entity and the Registered Agent Services for the filing has been accepted by the appropriate state agency.
Affiliates choosing to promote incorporate.com services offline may use approved incorporate.com images in Affiliate's marketing materials. These images may not be altered in any way. Affiliates may not create their own incorporate.com marketing images or phrases. Offline Affiliates may obtain such approved incorporate.com materials by contacting the incorporate.com Affiliate manager at firstname.lastname@example.org. Affiliates are responsible for all materials that appear in their marketing materials or on their web sites. Only approved Affiliates have a non-exclusive limited license to use incorporate.com's approved marketing materials, including incorporate.com's trademarks, only to the extent they are incorporated into Affiliate's advertising or web link materials and only in accordance with the terms and conditions of this Agreement. Any HTML files or materials supplied by incorporate.com for Affiliate's use shall remain the property of incorporate.com. incorporate.com shall retain ownership of its' names, logos, trademarks, service marks, trade dress, copyrights, and proprietary technology, including without limitation, those currently used or which may be developed and/or used by incorporate.com in the future. Affiliates are not permitted to use any content or images from incorporate.com's web site without prior authorization from incorporate.com. The incorporate.com Affiliate manager may be contacted in writing via email at email@example.com.
Affiliate hereby represents and warrants to incorporate.com that any and all marketing materials with incorporate.com's name and/or logo will at all times be in compliance with all applicable laws and regulations and be suitable in all respects to the terms of this Agreement.
2. Restricted Content and Prohibited Activities
Upon determining Affiliate's web site or marketing materials are unsuitable or incompatible with the Program, incorporate.com reserves, in its sole discretion and at any time, the right to reject or terminate Affiliate's participation in the Program. The following content, although not an exclusive list, is strictly prohibited from Affiliate's web site and marketing materials (collectively, "Restricted Content"):
- incorporates or is in any way unlawful, offensive, profane, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable;
- promotes illegal activities, including gambling;
- promotes or depicts sexually explicit, obscene or pornographic images;
- promotes or depicts violence or hate speech;
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- incorporates any materials which infringe or assists others to infringe on any copyright, trademark or other intellectual property rights of any third party and/or incorporate.com; or
- contains or promotes politically sensitive issues.
incorporate.com also reserves the right to terminate this Agreement at any time upon finding that Affiliate is employing any of the following prohibited activities:
- manipulating key word searches on portals;
- misrepresenting itself as the incorporate.com web site by altering the visual "look and feel" of the text from incorporate.com's web site and/or engaging in "framing" the incorporate.com web site;
- engaging in domain squatting;
- spamming or engaging in unsolicited commercial email;
- engaging in unauthorized telemarketing or remarketing of incorporate.com offers via telephone without the prior written consent of the incorporate.com Affiliate manager;
- using a proxy server or redirector server to proxy incorporate.com's web pages or web sites through your web site, URL or URI;
- any activities that use fraudulent, unfair or deceptive internet advertising, such as using deceptive co-registration paths and online lead generation, among others;
- activities that otherwise violate intellectual property rights, including, without limitation, "scraping" text or images from incorporate.com's web site;
- activities that, at incorporate.com's sole discretion, are deemed offensive or inappropriate; or
- misusing incorporate.com's logo, copy and/or related marketing language and art.
3. Additional Duties and Responsibilities for Affiliates using the Internet
incorporate.com grants Affiliate a non-exclusive right to establish a link to incorporate.com's web site to allow Affiliate the opportunity to promote and market incorporate.com services over the Internet and provide visitors to Affiliate's web site the ability to directly access incorporate.com's web site. The Affiliate must link its web site to the appropriate area within incorporate.com's web site using designated URLs set forth by incorporate.com. The link on Affiliate's web site will be designed, operated, and maintained by Affiliate, subject to final approval by incorporate.com.
Affiliate agrees to use best efforts to ensure their web site is working properly. Affiliate is responsible for notifying incorporate.com of any malfunctioning of incorporate.com's URLs or other problems between Affiliate's web site and the link to incorporate.com's web site. incorporate.com will use commercially reasonable efforts to respond promptly upon notification by Affiliate to incorporate.com of all web-based concerns.
Affiliate hereby represents and warrants to incorporate.com that each Internet site identified by Affiliate as a URL that will use incorporate.com's link will at all times be in compliance with all applicable laws and regulations and is suitable in all respects to receive the link from incorporate.com. This includes all URL links controlled and operated by Affiliate. incorporate.com may test and/or monitor the Affiliate's URL(s) and it is within incorporate.com's sole discretion to remove any URL at any time if it fails to comply with incorporate.com's requirements.
4. Additional rules and restrictions for Affiliates when employing the use of pay-per-click advertising
Affiliate is prohibited from bidding on incorporate.com's trademarks or domain names in any pay-per-click search engines, including, but not limited to: incorporate.com, The Company Corporation, Company Corporation, CorpAmerica, CorpAmerica.com, Corporation Service Company, CSC, Corporate Compliance Guarantee, Compliance Watch, "We are the business behind business", "Incorporating what's right for you", "Securing your right to save", "Corporate Compliance Guarantee", www.corporate.com, www.thecompanycorporation.com, www.companycorporation.com, www.incorporate.com, www.llc.com, www.corpamerica.com, www.incspot.com, and www.cscglobal.com. incorporate.com may grant exceptions to Affiliates with dedicated product web sites on a case-by-case basis by contacting the incorporate.com Affiliate manager.
Affiliates may not use the following in the title, description or Display URL of any paid ad: incorporate.com, The Company Corporation, Company Corporation, CorpAmerica, CorpAmerica.com, Corporation Service Company, CSC, Corporate Compliance Guarantee, Compliance Watch, "We are the business behind business", "Incorporating what's right for you", "Securing your right to save", "Corporate Compliance Guarantee", www.corporate.com, www.thecompanycorporation.com, www.companycorporation.com, www.incorporate.com, www.llc.com, www.corpamerica.com, www.incspot.com, and www.cscglobal.com.
Affiliates may not use direct-to-merchant pay-per-click advertising. When bidding on search terms, each Affiliate must send all traffic to its web site and have the visitor/customer click through to incorporate.com's web site.
Affiliate is prohibited from (i) installing spyware or adware on another person's computer, (ii) causing spyware or adware to be installed on another person's computer, or (iii) using a context-based triggering mechanism to display an advertisement that partially or wholly covers or obscures paid advertising or other content on an Internet web site in any way that interferes with a user's ability to view the Internet web site.
5. Restrictions on Use
All incorporate.com customers referred by Affiliate shall be customers of incorporate.com for business entity formation, registered agent services, and any other services that incorporate.com shall provide. Affiliate agrees that any customer information which Affiliate obtains in connection with a visitor's use of incorporate.com's link shall (i) only be used for purposes of the requested transaction; and (ii) not be disclosed to third parties that do not have a direct need to know, and then only disclosed to the extent required to complete a transaction or otherwise comply with this Agreement. In no event shall Affiliate contact incorporate.com customers for matters related to incorporate.com services unless the incorporate.com Affiliate manager is advised of Affiliate's intention prior to making such contact.
6. Relationship of Parties
Affiliate and incorporate.com are independent contractors. Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate has no authority to make or accept any offers or representations on behalf of incorporate.com. Affiliate will make no statement, whether on Affiliate's site or otherwise, that contradicts the parties' intentions set forth in this section.
7. Payments to Affiliate
Upon the completion of a sale, as defined in Section 1 above, incorporate.com shall pay Affiliate set amounts based on the number of completed transactions:
Number of Completed Transactions (in a calendar quarter)
Amount Paid (in U.S. Dollars) for Each Completed Transaction
1 to 50
51 to 100
100 or more
Either party may terminate the Agreement, with or without cause at any time, for any reason or no reason at all, with or without notice. incorporate.com's payment obligations for any commission amounts cease at the time of termination of this Agreement, regardless of which party initiates termination.
incorporate.com may modify any of the terms or conditions contained in this Agreement at any time by posting a change notice or new Affiliate Agreement on its web site. Modifications may include, but are not limited to, changes in the scope of available referral fees, fee schedules, payment procedures and program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO AFFILIATE, AFFILIATE'S ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 8 HEREOF. AFFILIATE'S CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE POSTING OF A CHANGE NOTICE OR NEW AFFILIATE AGREEMENT ON INCORPORATE.COM'S SITE WILL CONSTITUTE AFFILIATE'S ACCEPTANCE OF THE CHANGE.
10. Mandatory Arbitration
incorporate.com and Affiliate agree to arbitrate all disputes and claims arising out of or relating to this Agreement. incorporate.com agrees to pay one-half the filing fee of any arbitration, with the total costs of arbitration to be borne by the parties to the extent of their respective fault or negligence as determined by the arbitrator. Affiliate agrees that it is waiving its right to a trial by jury. Unless incorporate.com and Affiliate agree otherwise, all hearings conducted as part of the arbitration shall take place in the city or county of incorporate.com's Address. The arbitrator must give effect to the limitations on incorporate.com 's liability as set forth in this Agreement and any other applicable agreement or law. Affiliate agrees that it MAY BRING CLAIMS AGAINST INCORPORATE.COM ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both Parties agree, the arbitrator may not consolidate proceedings of more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL INCORPORATE.COM BE LIABLE TO AFFILIATE FOR SPECIAL, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER ARISING IN CONNECTION WITH THIS AGREEMENT. IN NO EVENT SHALL INCORPORATE.COM'S LIABILITY TO AFFILIATE FOR ANY REASON WHATSOEVER EXCEED THE AGGREGATE SUM OF THE TOTAL REFERRAL FEES PAID BY INCORPORATE.COM TO AFFILIATE UNDER THIS AGREEMENT FOR THE SIX (6) MONTHS PRECEEDING THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY.
12. Affiliate Indemnity
Affiliate shall indemnify, defend and hold harmless incorporate.com and its officers, directors, agents, employees, affiliates, successors and assigns ("Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), judgments, and costs and expenses (including reasonable attorneys' fees and expenses) incurred by any Indemnified Party to the extent arising out of, or directly or indirectly relating to (a) the negligence or willful misconduct of Affiliate; or (b) Affiliate's breach of any of its obligations, promises, representations or warranties as set forth in the Agreement.
13. Sole Agreement
This Agreement shall be binding upon each of the parties, their successors and assigns. This Agreement represents the sole agreement between the parties and supersedes any prior agreement, oral or written, between the parties with respect to the subject matter hereof. Affiliate understands that incorporate.com may at any time solicit affiliate relationships on terms that may differ from those contained in this Agreement or operate web sites that are similar to or offer products or services which compete with Affiliate's business.
Affiliate may not assign this Agreement, by operation of law or otherwise, without prior written consent from incorporate.com. incorporate.com's failure to strictly enforce Affiliate's performance of any provision of this Agreement will not constitute a waiver of incorporate.com's right to subsequently enforce such provision or any other provision of this Agreement.
15. Choice of Law
This Agreement shall be governed by the laws of the State of Delaware without regard to conflict of laws procedures. Any action relating to this Agreement must be brought in the federal or state courts located in Delaware.