Data Capture Pros
FREE EXECUTIVE PARTNER SIGNUP FORM
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AGREEMENT This is a legal Marketing Agreement between DataCapturePros.com and the person, COMPANY, or organization that is applying to become a PARTNER (sales agent) completing this application. Definitions: (i) "COMPANY" means DataCapturePros.com (ii) "PARTNER" means an independent contractor (a 1099 affiliate), Food Broker, or business entity who is contracting with COMPANY to become a PARTNER or Sub-PARTNER (sales rep) to sell COMPANY’s services. (iii) “BRAND” means Manufacturer. (iv)“CC” means a Coupon Codes. (v)“LCS” means Lead Capture Deliver System. RECITALS PARTNERS sell CC to Brands who give them away for free to consumers providing access worldwide hotel and resort savings up to $100 BELOW the prices listed on public booking engines, i.e., Expedia, Priceline, Orbitz, and others for the consumer’s personal use. COMPANY and PARTNER desire to enter into an agreement where PARTNER will have the unexclusive rights to represent and market DataCapturePro.com CC to Brands to help them collect consumer reviews for new food products they are launching, and provide consumers the free Hotel Saver Gift based on the number of reviews they purchase. Brands can choose up to 10 questions they want to collect from consumers including the consumers name and email (phone optional) that they will have access to for future marketing purposes. THEREFORE, COMPANY and PARTNER agree as follows: 1. PARTNERS Obligations 1.1. Complete and submit this online application. All applications are manually approved. We may reject your application at our sole discretion. 1.2. We may cancel your application if we determine that you, promote sexually explicit materials, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age or promotes illegal activities, or, 1.3. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion. 1.4. Contains software downloads that potentially enable diversions of commission from other affiliates in our program. 1.5. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are COMPANY or any other affiliated business. 1.6. PARTNERS will be provided a FREE “Back-Office” that provides reports for clicks and sales and includes multiple tracking links that can used in multiple ways. 1.7. 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. We 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. 2. COMPANY Rights and Obligations 2.1. COMPANY reserves the right to terminate this Agreement and your participation in the COMPANY’S PARTNER Program immediately and without notice to you should you commit fraud in your use of the COMPANY’S PARTNER Program or should you abuse this program in any way. If such fraud or abuse is detected, COMPANY shall not be liable to you for any commissions for such fraudulent sales. 2.2. This Agreement will begin upon our acceptance of your PARTNER application and will continue unless terminated hereunder. 3.Termination 3.1. Either you or we 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. 4. Modification 4.1. COMPANY may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and COMPANY’s PARTNER Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in COMPANY’s PARTNER Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes. 5. PARTNERS earn commissions by setting up Brands with a Platinum account (ability to capture data) and receive the commission structure on all reorders from “Coupon Codes” sold to Brands. 6. Commissions – Platinum Plan: 6.1.1. PARTNERS: 30% on all orders 6.1.1. MANAGERS: (PARTNERS who have setup Sub-Partners): 10% on all orders 6.2. Commission Payout 6.2.1 Earned commissions will be paid on the 2nd and 16th of each month. 6.2.2. COMPANY uses PostAffiliatePro.com, a third party that handles all elements of sales commission tracking for PARTNERs. Earned commissions can be deposited directly to PARTNERS bank OR through PayPal (at a 3% handling fee for both methods), on the 2nd and the 16th of each month, for the prior 2 weeks earnings. 7. Promotion Restrictions. 7.1. PARTNERS are free to promote their own websites offering COMPANY product review promotion, but naturally any promotion that mentions COMPANY could be perceived by the public or the press as a joint effort. NO SPAMMING IS PERMITTED WHATSOEVER. If it comes to our attention that you are violating this, your account will be immediate terminated, and any pending balances owed to you will be forfeited. 7.2. PARTNERS may email or mail BRANDS to promote COMPANY as long as the recipient has previously contacted PARTER, and recipients have the option to remove themselves from future mailings. 7.3. PARTNERS may post to newsgroups and/or social media groups to promote COMPANY so long as these groups specifically welcomes commercial messages. 7.4. PARTNERS must clearly represent yourself and your websites (if you have one), as independent contractor of COMPANY. 8. Power to Enter Agreement: 8.1. PARTNERS MUST BE AT LEAST 16 years of age or older and has all requisite power and authority to enter into this Agreement, perform its obligations hereunder and consummate the transactions contemplated hereby. PARTNER 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 PARTNER, enforceable against it according to its terms. 9. Independent Contractor 9.1. PARTNER is a I099 Independent Contractor and cannot imply that PARTNER has an employment relationship, ownership, PARTNESHIP or represents COMPANY in any business contracting negotiations outside of the related products and services. PARTNER is solely responsible for its own taxes and activities. Neither party shall have any authority to make commitments or enter into 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 PARTNER "title" listed as "Independent Contractor" with PARTNER personal or business-related name, email, phone number and address. 10. Contractual Obligation 10.1. As part of COMPANY administrative duties, rights and obligations to its customers, COMPANY shall always have the right to contact its PARTNERs and/or sub-PARTNERs 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 PARTNER of any events or trainings that COMPANY is hosting or participating. 11. Referral Tracking IDs 11.1. COMPANY will provide PARTNER a username and password to access their back-office (24/7) to track clicks and/or sold orders. 12. Non-Disclosure & Non-Circumvent 12.1. 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. PARTNER 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. PARTNER will not directly or indirectly contact any COMPANY vendor or supplier with any direct relationship that would establish PARTNER conducting marketing COMPANY related product or service for (5) years without written permission. PARTNER will be held liable for damages and loss of revenues if non-disclosure or non-circumvent terms are violated. 13. Trade Secret. 13.1. PARTNER acknowledges that during the Term of this Agreement, it will have access to and shall become aware of Trade Secret Information belonging to COMPANY. PARTNER agrees that except as set forth in Section 8, information that PARTNER may receive from COMPANY or from employees or other consultants of COMPANY, or by virtue of the performance of services under and pursuant to this Agreement, relating to patent inventions, processes, machinery, costs, financial information, business affairs, or technical data that belong to COMPANY or to those with whom COMPANY has contracted regarding such information shall for all time and for all purposes constitute "Trade Secret Information" and be treated by PARTNER as strictly confidential and held by PARTNER in confidence, and solely for COMPANY's benefit and use, and shall not be used by PARTNER, directly or indirectly, or disclosed by PARTNER to any person whatsoever except to outside Agencies or Companies with prior written permission. The following shall not be included within the definition of Trade Secret Information: 13.2. Information that, at the time of disclosure, is in the public domain or that, after disclosure, becomes part of the public domain by publication or otherwise through no action or fault of PARTNER; or 13.3. Information that PARTNER can show is in PARTNER's possession at the time of disclosure and was not acquired, directly or indirectly, from COMPANY; or 13.4. Information that was received by PARTNER from a third party having the legal right to transmit that information; or 13.5. Technology or marketing systems used by other companies conducting similar business in the travel industry; or 13.6. PARTNER agrees to not solicit or initiate contact with any other PARTNER 's contracted with COMPANY for the purpose of cross recruiting such PARTNER's that may be introduced or connected at any COMPANY related events; or 13.7. PARTNER shall not, without the written permission of COMPANY, use the Trade Secret Information which PARTNER is obligated hereunder to maintain in confidence for any reason other than to enable PARTNER to perform its services properly and completely; or 13.8.Except as may be required to perform its services, PARTNER shall not, during or at any time after the date of this Agreement, unless COMPANY has given prior written consent, disclose or use the Trade Secret Information or engage in or refrain from any action, where such action or inaction may result: 13.8.1. in the unauthorized disclosure of any or all such trade secrets to any person or entity; or 13.8.2. in the infringement of any or all such rights. 13.9. PARTNER shall immediately notify COMPANY of any information which comes to PARTNER 's attention which does or might indicate that there has been any loss of confidentiality of such trade secrets or breach of such rights. 14. PARTNERs that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as any of the COMPANY’s 3 websites, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from COMPANY’s PARTNER Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our PARTNER Program without prior notice, and on the first occurrence of such PPC bidding behavior. 15. PARTNERs are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in Merchant’s service). 16. Grant of Licenses 16.1. We grant PARTNERS a non-exclusive, non-transferable, revocable right to (i) access our 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 for both TravelPlanetNetwork.com and/or COMPANY) that we provide to you for such purpose. 16.2. PARTNERS are only entitled to use the Licensed Materials to the extent that you are a member in good standing of COMPANY’s PARTNER Program. You 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. 16.3. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. 17. Disclaimer 17.1. 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. 18. Representations and Warranties 18.1. You represent and warrant that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms. 19.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party. 19.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement. 20. Limitations of Liability 20.1. WE WILL NOT BE LIABLE TO PARTNER 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. 21. Indemnification 21.1. PARTNER hereby agrees to indemnify and hold harmless COMPANY, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, PARTNERs, 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. 22.Confidentiality 22.1. 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. 23.Miscellaneous 23.1.You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and COMPANY. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site(s), that reasonably would contradict anything in this Section. 23.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party. 23.3. 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. 23.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties. 24. This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written. 25. 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. 26. TAX REPORTING: 26.1. 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 email@example.com