THIS AGREEMENT (the “Agreement”) provides the terms and conditions of the relationship between: Real Trading Research Inc (the “Company” or “We”) and the “Affiliate” or “You(r)”) to participate in marketing related to the Company’s proprietary [product name] Financial Revolution Affiliate Program (the “Program”).
2 MARKETING
We may provide marketing collateral for your use. However, you have sole and exclusive responsibility and liability for the use of all materials and content on your marketing efforts. You shall operate and maintain the marketing collateral in accordance with all applicable laws, rules, regulations, and fairly represent the products and services.
You also agree to market the product in the same spirit and intention that the Company does its own marketing. The Company has the right to review your marketing material and reject certain items that do not comply with our marketing direction.
3 REPORTING & COMPENSATION
Company will provide Affiliate with a unique tracking link to insert into their marketing materials so that when a prospective customer completes the registration process, that prospective customer’s email will be identified as having been generated by the Affiliate. Only emails that are not already on our internal email list will be eligible for this program. If a previously acquired email registers through this program, we can provide a list of those previously acquired emails.
Customers who purchase the Company’s products may pay in instalments if offered by the Company as part of our sales process. The price per customer can vary depending on additions or discounts offered by the Company. Company will compensate Affiliate 10% of the amount collected. Payments relating to the current month’s sales will be made no later than 10 days after the start of the following month. If the Affiliate’s commissions are more than $30,000 per month, we can make payments at 2x per month.
Affiliates will be paid via USDT to a USDT wallet address provided the Affiliate.
4 LIMITATION OF LIABILITY.
IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES INCLUDING BUT NOT LIMITED TO THE LOSS OF PROFITS OR BUSINESS OPPORTUNITY, EVEN IF WE HAD BEEN ADVISED OF SUCH POSSIBILITY. IN NO EVENT SHALL THE LIABILITY OF THE COMPANY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE REVENUE SHARE FROM YOU. THIS LIMITATION APPLIES TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES.
5 TERM AND TERMINATION.
This Agreement can be terminated by either party at any point through notification via the email addresses identified below, or an updated email address provided to the other party. Upon notice of termination, Affiliate will stop marketing the product within 3 business days.
6 CONFIDENTIALITY.
The Affiliate understands and agrees that, in the performance of this Agreement, the Affiliate will have access to private or confidential information that is owned or controlled by the Company and that such information may contain proprietary or confidential details and information, the disclosure of which to third parties may cause irreparable damage to the Company. The Affiliate agrees that all information disclosed by the Company to the Affiliate shall be held in the strictest of confidence and used only in performance of this Agreement.
All materials of the Program and the Company remain the exclusive property of the company. Except in performing services for paying customers, Affiliate is prohibited from providing, selling, marketing, or licensing these materials to anyone else.
The information about the customers provided in the monthly Completed Transaction Report can be retained and used for future marketing efforts by the Company.
7 INDEMNIFICATION.
The Company and its affiliates, owners, principals, officers, employees and agents shall be referred to, collectively, as “the Company Indemnitees.”
You agree to and shall indemnify, defend (with legal counsel reasonably acceptable to the Company Indemnitees) and hold the Company Indemnitees harmless from and against any and all actions, suits, claims, demands, debts, liabilities, obligations, losses, damages, costs, expenses, penalties or injury (including reasonable attorneys’ fees and costs of any suit related thereto) suffered or incurred by any of them arising from:
(a) any misrepresentation by, or breach of any covenant or warranty of yours contained in this Agreement or any exhibit, certificate, or other agreement or instrument furnished or to be furnished by you hereunder;
(b) any suit, action, proceeding, claim or investigation against the Company Indemnitees which arises from or which is based upon or pertaining to your acts or omissions or conduct of business;
(c) failure to comply with the terms of this Agreement by you or your employees and agents;
(d) failure to comply with applicable law by you or your employees and agents;
(e) defamation, libel, violation of privacy rights, unfair competition, or infringement of intellectual property rights or allegations thereof to the extent caused by you or your employees and agents;
(f) failure to pay appropriate taxes for yourself or your employees and agents (including withholding taxes, if any); or
(i) the Affiliate Marketing Collateral contains or promotes materials that infringe or violate the copyright or other intellectual property rights of any third-parties.
8 CHOICE OF LAW.
This Agreement shall be governed by the laws of the State of Connecticut, USA.
9 DISPUTE RESOLUTION.
Arbitration. Any Dispute(s) shall be settled exclusively by arbitration. The arbitration shall be initiated and conducted pursuant to the arbitration rules of the American Arbitration Association in effect at the time the request for arbitration is made. Arbitration shall be final and binding upon the Parties. Any Party may bring an action in court to compel arbitration under this Agreement and to enforce an arbitration award. Otherwise, no Party shall initiate or prosecute any lawsuit or administrative action in any way related to any Dispute. In any arbitration arising out of or related to this Agreement, the arbitrator shall award to the prevailing Party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing Party in connection with the arbitration. The Parties shall maintain the confidential nature of the arbitration proceeding and the ward, except as may be necessary in connection with a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. Notwithstanding anything herein to the contrary, either Party shall be entitled to seek to obtain any provisional remedy, including injunctive or similar relief, from any court of competent jurisdiction as may be necessary to protect such Party’s rights and interests. Affiliate hereby consents to exclusive jurisdiction in and venue in State of Connecticut for all proceedings arising out of this Agreement.