TERMS OF AGREEMENT
Last Modified: February 15, 2023
PLEASE READ THIS MARKETING AFFILIATE PROGRAM AGREEMENT CAREFULLY.
This is a contract between you (the “Affiliate”) and us (“Discount Lots LLC”). It describes how we will work together and other aspects of our business relationship. It is a legal document so some of the language is necessarily “legalese” but we have tried to make it as readable as possible.
The Marketing Affiliate Program Agreement applies to your participation in our Marketing Affiliate Program (the “Affiliate Program”). These terms are so important that we cannot have you participate in our Affiliate Program unless you agree to them.
We periodically update these terms. We might also choose to replace these terms in their entirety if, for example, the Affiliate Program changes, ends, or becomes part of an existing program, including our partner programs. If we update or replace the terms we or the Affiliate Tool will let you know via electronic means, which may include an in-app notification or by email. If you don’t agree to the update or replacement, you can choose to terminate as we describe below.
Paul Hersko
Discount Lots LLC,
(hereinafter "Client")
and
Affiliate
(hereinafter "Service Provider")
This Agreement includes and incorporates the Guidelines Document (“[DL] Influencer Guidelines | ”) where Client and Service Provider accept any and all terms, conditions and obligations set forth in the Guidelines Document.
Link to Guidelines Document (will be sent directly to Affiliate)
—> [DL] Influencer Guidelines |
This Influencer Contract (hereinafter referred to as the "Agreement") is entered by:
Discount Lots LLC, having its principal place of business at 166 W Washington St. # 730, Chicago, IL 60602,
and;
Affiliate.
The Client and the Influencer are collectively referred to as the "Parties" and individually as "Party".
WHEREAS, the Client desires to promote its brand Discount Lots and increase sales through various social media outlets and requires an Influencer to provide the aforesaid services.
NOW THEREFORE, in consideration of the mutual covenants and commitments contained herein, the Parties do hereby agree as follows:
Affiliate Acceptance
Once you complete an application to become an Affiliate, we will review your application and notify you whether you have been accepted to participate in the Affiliate Program, or not. Before we accept an application, we may want to review your application with you, so we may reach out to you for more information. If we do not notify you that you are accepted to participate in the Affiliate Program within thirty (30) days from your application, your application is considered to be rejected.
If you are accepted to participate in the Affiliate Program, then upon notification of acceptance, the terms and conditions of this Agreement shall apply in full force and effect, until terminated, pursuant to the terms set forth below.
Services
Provider’s responsibility is to perform the following duties as mutually agreed by both the Parties:
Promote Brand Content
Provider will place Integration into the video/make a dedicated video, make posts in Social Media Platforms, Place Article on Website or Blog, place banner(s) on Website to promote Client’s products and services on any mentioned above channels . The amount of integrations/dedicated videos/posts/articles/banners is unlimited.
During the term of this Contract, the Client hereby agrees to provide all the necessary details to the Provider in order to perform the services.
Approval and Exclusivity
To ensure uniformity in marketing, Client needs to approve the video/text content before publishing it.
The Provider will not take up any other competitive projects throughout the term of this Agreement.
Any works copyrighted, ideas, video materials or other information (collectively, the “Work Product”) developed in whole or in part in Service Provider in connection with the Services shall be the exclusive property of the Client. Upon request, Service Provider shall sign all documents necessary to confirm or perfect the exclusive ownership of the Client to the Work Product.
Customer Transactions
Eligibility. To be eligible for Commission (i), (ii) a Customer Transaction must have occurred. You are not eligible to receive Commission or any other compensation from us based on transactions for Other Products or if: (i) such compensation is disallowed or limited by federal, state or local law or regulation in the United States or the laws or regulations of your jurisdiction; the Commission payment has been obtained by fraudulent means, misuse of the Affiliate Link, in violation of any Affiliate Program Policies that we make available to you, misuse of the Affiliate Tool or by any other means that we deem to breach the spirit of the Marketing Affiliate Program.
Acceptance and Validity. You will only be eligible for a Commission payment for any Customer Transactions that derived from Affiliate Leads generated by the Affiliate Link that we make available to you and are accepted by Discount Lots LLC. An Affiliate Transaction will be considered valid and accepted if, in our reasonable determination: (i) it is a new customer of ours, and (ii) is not involved in our active sales process. If an Affiliate Lead does not purchase land within the time period described on the Affiliate Tool (or if applicable, in the Program Policies) of their first click on the Affiliate Link, you will not be eligible for a Commission payment, even if the Affiliate Lead decides to purchase after the time period has expired.
Commission and Payment.
The Client will pay for each bought Lot arranged by the Service Provider an amount of $420.In order to receive payment under this Agreement, you must have: (i) agreed to the terms of this Agreement (generally completed through the Affiliate Tool); (ii) completed all steps necessary to create your account in the Affiliate Tool in accordance with our directions, (iii) have a valid and up-to-date payment method in the Affiliate Tool with such account.
Term and Termination
This Agreement may be terminated by either Party as follows:
Upon 7 days prior written notice to the other Party, from the event completion date, with or without cause.
Upon the breach of any terms and conditions mentioned herein the Agreement .
Upon completion of the services by the Provider and full payment by the Client.
General Terms
If the scope of any of the provisions of the Agreement is too broad in any respect whatsoever to permit enforcement to its full extent, then such provisions shall be enforced to the maximum extent permitted by law, and the parties hereto consent and agree that such scope may be judicially modified accordingly and that the whole of such provisions of this Agreement shall not thereby fail, but that the scope of such provisions shall be curtailed only to the extent necessary to conform to law.
This Agreement may not be assigned by either party without the prior written consent of the other, and any such purported assignment shall be void.
Governing Law
This Agreement is made in the USA and shall be construed and interpreted in accordance with the law of the USA, applicable to contracts made and to be performed entirely therein. This document is a complete and exclusive statement of the terms of this agreement and may not be changed orally but only by writing signed by both parties.
Effective Date & Signature
IN WITNESS WHEREOF, the Parties hereto have executed and sealed this Agreement or caused it to be executed and sealed on its behalf by its duly authorized representatives, as of the day and year first above written.
The Client
Paul Hersko
Discount Lots LLC
