Affiliate Signup - Data Capture Pros

AFFILIATE SIGNUP FORM

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Data Capture Pros  AFFILIATE AGREEMENT
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This is a legal Marketing Agreement between DataCapturePros.com and the person, COMPANY, or organization that is applying to become an affiliate of DataCapturePro.com by completing this application.
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Definitions:
(i)"COMPANY" means DataCapturePro.com
(ii) "AFFILIATE” means independent 1099 contractors who earn money by setting offering Data Capture Pros to brick n’ mortar businesses (including retailers, restaurants, auto sales, etc., sales organizations, and independent salespeople (real estate, insurance, and similar). 
(iii) “MERCHANTS (MEMBERS)” means brick n’ mortar businesses (including retailers, restaurants, auto sales, etc., sales organizations, and independent salespeople (real estate, insurance, and similar) who would benefit by offering Data Capture Pros to attract customers or provide a customer reward or thank you gift. 
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RECITALS									
COMPANY provides MERCHANTS two options:
1.	The ability to attract consumers to the MERCHANTS business by offering up to $100 in guaranteed worldwide hotel savings below the prices shown on Expedia, Priceline, and most other booking engines (OTA’s), as a FREE GIFT,
2.	The option to receive the names, emails, phone numbers of those who have received the gift (a lead) to use for future marketing purposes from the MERCHANT. 
To receive the gift, consumers simply scan a QR Code or click a link from any participating MERCHANT and complete a short online form. Once submitted, the consumer can then redeem the gift instantly online and the MERCHANT can download the data from any internet connection.  
MERCHANTS are charged $57/mo.  and will have access to download the data from their account.  MERCHANTS have the ability to purchase an annual subscription and receive two months free. 
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Affiliate Commissions and Fees:
BRONZE AFFILIATE:  $0   (Free) 
Member Commissions:   
70% first month ($39.90) fee of $57.  No Residuals
Affiliate Commissions: 
One-Time 10% commission for Gold’s, Gold+’s, and Platinum Signups using your referral link.  
Back Office:  
None. 

SILVER AFFILIATES:  $19/mo.   
Member Commissions:   
70% first month ($39.90) fee of $57. No Residuals
Affiliate Commissions: 
One-Time 10% commission for Gold’s, Gold+’s, and Platinum Signups using your referral link.  
Back Office:  
Yes  (shows reports how many people clicked/scanned and more). 

GOLD AFFILIATES:  $95/mo.  
Member Commissions:   
70% first month ($39.90) fee of $57+ 15% monthly residual.
Affiliate Commissions: 
20% monthly residuals on Gold’s, Gold+’s, and Platinum Signups using your referral link.  
Back Office:  
Yes  (shows reports how many people clicked/scanned and more). 

GOLD+ AFFILIATE:  $195/mo.  
Member Commissions:   
70% first month ($39.90) fee of $57+ 20% monthly residual.
Affiliate Commissions: 
30% monthly residuals on Gold’s, Gold+’s, and Platinum Signups using your referral link.  
Back Office:  
Yes  (shows reports how many people clicked/scanned and more). 

PLATINUM AFFILIATES:  $252/mo.  
Member Commissions:   
70% first month ($39.90) fee of $57+ 25% monthly residual.
Affiliate Commissions: 
40% monthly residuals on Gold’s, Gold+’s, and Platinum Signups using your referral link.  
Back Office:  
Yes  (shows reports how many people clicked/scanned and more). 
Includes Member Account ($57/mo.)
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Commission Payout

Earned commissions will be paid on the 2nd and 16th of each month.  Earned commissions are paid only through PayPal (at a 3% handling fee for both methods), for the prior 2-weeks earnings.  
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TRACKING:   

COMPANY uses PostAffiliatePro.com, a third party that handles all elements of sales commission tracking for clicks and orders.
It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to you. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work.  COMPANY will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third-party rights.
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COMPANY Rights and Obligations

COMPANY reserves the right to terminate this Agreement and your participation in the COMPANY’S AFFILIATES Program immediately and without notice if the AFFILIATE commits fraud in your use of the COMPANY’S AFFILIATE Program or should an AFFILIATE abuse this program in any way. If such fraud or abuse is detected, the COMPANY shall not be liable to the AFFILIATE for any commissions for such fraudulent sales.
This Agreement will begin upon our acceptance of your AFFILIATE application and will continue unless terminated hereunder.
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Termination

Either the AFFILIATE or the COMPANY may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
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Modification

COMPANY may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and COMPANY’s AFFILIATE Program rules. If any modification is unacceptable to you, the AFFILIATES only option is to end this Agreement. Continued participation in COMPANY’s AFFILIATE Program following the posting of the change notice or new Agreement on COMPANY site will indicate the AFFILIATES agreement to the changes.
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Marketing Restrictions.

AFFILIATES must clearly represent yourself and your websites (if you have one), as an independent contractor of the COMPANY.   NO SPAMMING IS PERMITTED WHATSOEVER. If it comes to our attention that you are violating this, the AFFILIATES account will be immediately terminated, and any pending balances owed to the AFFILIATE will be forfeited.      
AFFILIATES may email or mail MERCHANTS to promote COMPANY as long as the MERCHANT has the option to remove themselves from future mailings.  
AFFILIATES may post to newsgroups and/or social media groups to promote COMPANY so long as these groups specifically welcomes commercial messages.    	
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Power to Enter Agreement: 

AFFILIATES MUST BE AT LEAST 16 years of age or older and have all requisite power and authority to enter into this Agreement, perform its obligations hereunder and consummate the transactions contemplated hereby. AFFILIATE has taken all necessary action with respect to the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. This Agreement constitutes a valid and binding obligation of AFFILIATE, enforceable against it according to its terms.
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Independent Contractor

AFFILIATE is an I099 Independent Contractor and CANNOT imply that AFFILIATE has an employment relationship, ownership, partnership, or represents COMPANY in any business contracting negotiations outside of the related products and services.  Neither party shall have any authority to make commitments or enter contracts on behalf of, bind or otherwise obligate the other party in any manner whatsoever. No joint venture, franchise, or partnership is intended to be formed by this Agreement.  All marketing materials that use the COMPANY logo must be pre-approved in writing with AFFILIATE "title" listed as "Independent Contractor" with AFFILIATE personal or business-related name, email, phone number and address.
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Contractual Obligation  

As part of COMPANY administrative duties, rights and obligations to its customers, COMPANY shall always have the right to contact its AFFILIATES and/or any of the AFFILIATES “SUB-AFFILIATES” for the purposes of training, marketing and support, including offering invitations to COMPANY training events which may be held from time to time. COMPANY will notify AFFILIATE of any events or training that COMPANY is hosting or participating.
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Non-Disclosure & Non-Circumvent

Each party hereto understands that they will have access to information deemed proprietary and confidential, including but not limited to, COMPANY staff, customers, representative and vendor or supplier relationships along with commission structures and business model. AFFILIATE agrees to protect said information from disclosing or reproducing any part of COMPANY product or service offering from personal use or to any direct or indirect third parties not associated with COMPANY during the term of this agreement and (24) months after the termination of that agreement. AFFILIATE will not directly or indirectly contact any COMPANY vendor or supplier with any direct relationship that would establish AFFILIATE conducting marketing COMPANY related product or service for (5) years without written permission. AFFILIATE will be held liable for damages and loss of revenues if non-disclosure or non-circumvent terms are violated.
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Grant of Licenses

COMPANY grant AFFILIATES a non-exclusive, non-transferable, revocable right to (i) access the COMPANY site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials" with our name and/or our logo.  

AFFILIATES are only entitled to use the Licensed Materials to the extent that you are an AFFILIATE in good standing of COMPANY’s AFFILIATE Program.  AFFILIATES agree that all uses of the Licensed Materials will be on behalf of COMPANY and the good will associated therewith will inure to the sole benefit of both companies.
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Disclaimer

COMPANY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING COMPANY SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF COMPANY ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.	
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Limitations of Liability

WE WILL NOT BE LIABLE TO AFFILIATE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL COMPANY'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.	
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Indemnification

AFFILIATE hereby agrees to indemnify and hold harmless COMPANY, and its subsidiaries and their directors, officers, employees, agents, shareholders, affiliates, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
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Confidentiality

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
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Miscellaneous

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Nevada without regard to the conflicts of laws and principles thereof.
You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.

If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
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TAX REPORTING:  

Before any commissions are sent, please print, complete, sign and return the W9 to COMPANY:  https://www.irs.gov/pub/irs-pdf/fw9.pdf   and forward to support@DataCapturePros.com
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