Marketing Manager Signup - Data Capture Pros

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Data Capture Pros PARTNER 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 a PARTNER (Affiliate or Marketing Manager) by completing this application.
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Definitions:
(i) "COMPANY" means DataCapturePros.com

(ii) "AFFILIATE" means Sales Agent, an independent 1099 contractor, who earns commission only on subscription ordered from MERCHANTS to giveaway COMPANY’s services.

(iii) “MARKETING MANAGER” are the same as AFFILIATES but are provided two additional benefits: 1)  they can recruit and build a sales team of AFFILIATES and earn additional compensation based on their performance; 2) they receive a free back-office that tracks clicks and sales from their efforts as well as their sales team.

(iv) “PARTNERS means BOTH Affiliates and Marketing Managers

(v) “MERCHANT(S)” means Business Owners.  

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RECITALS									
COMPANY offers MERCHANTS the ability to attract customers, increase profits, while at the same time, capture the name, email, cell, and up to 4 additions pieces of information that a MERCHANT can use to promotion their services to the consumer whenever they choose.   This is accomplished by allowing MERCHANTS the ability to provide an unlimited number of GIFTS to consumers (one per customer) up to $100 in Worldwide Hotel Savings below the prices shown on Expedia, Priceline, Orbitz, and others, without or without making a purchase.  The gift can be used at 1,000,000 worldwide properties up to 2 years once redeemed.  

To receive this gift, consumers simply scan a QR Code from their smartphone and enter the requested information. Once complete, the consumer gets the gift (within 5 minutes) on the email they provided, and the consumer information is added to the MERCHANT’S online system provide to them by COMPANY.MERCHANTS pay a flat monthly fee of $195 where they can gift away an unlimited number Hotel Saver Gifts as they choose.  MERCHANTS are able to see how many “records” they have in their account and can download as many as they choose for $1.95 each.  Once downloaded, the merchant can market to the consumer wherever he wants for free, however the COMPANY OWNS the data.       
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THEREFORE, COMPANY and PARTNERS agree as follows:
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Commissions, Perks, Costs:
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AFFILIATES: 
Commissions: 
30% on the first’s month’s subscription PLUS 15% for each additional month that Merchant stays

Perks: 
1) Digital QR Code, 2) 1 Digital Ad (for email or social media), 3) access to PARTNER TRAINING including full sales presentation. 
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AFFILIATE PLUS: 
Commissions: 
30% on the first’s month’s subscription PLUS 15% for each additional month that Merchant stays

Perks: 
1) Digital QR Code, 2) 1 Digital Ad (for email or social media), 3) access to PARTNER TRAINING including full sales presentation, 4) 1 print ready 4”x 6” postcard design (front and back) including your QR Code that you can hand distributed or mail.  You print. (cheapest place is we’ve found it GotPrint.com.  If you want the data to mail, we can provide the list (scraped from Yelp), but the numbers are not verified.  It’s up to you to print, label, and/or mail them. 

Cost:  
$25 (one-time)
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MARKETING MANAGERS:
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Base Commissions:  
30% on the first month’s subscription - PLUS 15% for each additional month that Merchant stays subscribed.

Overrides:
15% on first month’s subscription from recruited AFFILAITES PLUS 5% for each addition month MERCHANT continue their subscription.

Perks:  
1) digital QR Code, 2) 1 Digital Ad (for email or social media), 3) access to PARTNER TRAINING including full sales presentation, 4) 1 print ready 4”x 6” postcard design (front and back) that can be either hand distributed or mailed.  Note: We can provide the list (scraped from Yelp), but the numbers are not verified. 5) Ability to recruit and get compensated for their efforts.  6) Full Back-offer that tracks clicks and sales from both recruited AFFILAITES as well as MARKETING MANAGER.  7) Production bonuses based on the number of orders generated by your team each month.  MARKETING MANAGER can use to provide team incentives with dinners or cash.  8) If any of your personally recruited AFFILITES drop out, all their accounts roll-up to you.  This means that you will earn 15% for each renewal period instead of 5% - HUGE INCENTIVE as 96% of those who start will drop out. (do the math).  9) THE COMPANY will provide MARKETING MANAGERS a username and password to access their back-office (24/7) to track clicks and/or sold orders.

Costs and Fees: 
$95/mo. 

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Commission Payout
Earned commissions will be paid on the 2nd and 16th of each month.  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.  
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TRACKING:   COMPANY uses PostAffiliatePro.com, a third party that handles all elements of sales commission tracking for clicks and orders.  Only MARKETING MANAGERS have access to these reports.  
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.
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COMPANY Rights and Obligations

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, the COMPANY shall not be liable to you for any commissions for such fraudulent sales.
This Agreement will begin upon our acceptance of your PARTNER application and will continue unless terminated hereunder.
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Termination

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.
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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 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.
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Marketing Restrictions.

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 immediately terminated, and any pending balances owed to you will be forfeited.      
PARTNERS may email or mail MERCHANTS to promote COMPANY as long as the recipient has previously contacted PARTNER, and recipients have the option to remove themselves from future mailings.  
PARTNERS may post to newsgroups and/or social media groups to promote COMPANY so long as these groups specifically welcomes commercial messages.    	
PARTNERS must clearly represent yourself and your websites (if you have one), as an independent contractor of the COMPANY.    
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Power to Enter Agreement: 

PARTNERS 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. 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.
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Independent Contractor

PARTNER is an 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 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.
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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 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 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. 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.
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Trade Secret

PARTNER acknowledges that during the Term of this Agreement, it MAY have access to 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:
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Grant of Licenses

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.  
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.
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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 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.	
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Indemnification

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.
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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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