AFFILIATE INDEPENDENT CONTRACTOR AGREEMENT
The following is a summary of the Independent Contractor Agreement between Affiliate and PipelinePRO (a subsidiary of A2 Holdings Group, LLC). For purposes of this agreement PipelinePRO shall be referred to as the "Company" and Affiliate shall hereinafter be referred to as the "Contractor" or “Affiliate.”
By agreeing to the terms you are in agreement regarding the Independent Contractor's defined role within PipelinePRO and the conditions of the working relationship between the Contractor and the Company. The Contractor agrees to engage with PipelinePRO to provide PipelinePRO technology and fulfillment services directly to business owners worldwide.
AFFILIATE COMMISSION STRUCTURE:
PipelinePRO agrees to pay its Contractors:
- 40% on all PipelinePRO front-end software sold directly
- 40% on all PipelinePRO subscription sales paid monthly recurring
- Commissions will be paid on or before the 10th of each month for commissions earned the previous month.
For any products that have a 30-day refund period, sales payout will be one month after the 30-day refund period.
Products include: All front end sales funnel sales: lifetime license along with any upsells such as, marketing automation suite, masterclass, etc. that happen in the front end sales funnel (all have 30-day refund policies)
Ex: A license along with any upsells activated in April will payout in June, a license activated along with any upsells in May will pay out in July, etc.
- There is a 1.5% processing fee on all Affiliate commission payouts.
INCOME DISCLAIMER:
There is no guarantee of income. You may make a lot of money or you may make no money at all. There are no limitations. PipelinePRO makes no income claims and is not responsible for Affiliates income. Your income is determined by your work ethic.
HOLD HARMLESS:
Affiliate hereby agrees to, and shall hold PipelinePRO, its officers and employees harmless from any liability or for damages The Affiliate shall indemnify and hold harmless the Company, PipelinePRO and its officers and employees from and against damages, liabilities, losses, costs, and expenses, but only to the extent caused by the negligent acts, errors or omissions of the Affiliate, or of those for whom the Affiliate is legally liable, which arise out.
CONFIDENTIAL INFORMATION:
By definition herein, "Confidential Information" shall mean any and all non-public technical and non-technical information provided by PipelinePRO, including but not limited to, any data, files, reports, accounts, or any proprietary information in any way related to products, services, processes, database, plans, methods, research, development, programs, software, authorship, customer lists, vendor lists, suppliers, marketing or advertising plans, methods, reports, analysis, financial or statistical information, and any other material related or pertaining to any business of PipelinePRO, its subsidiaries, respective clients, consultants or vendors that may be disclosed to the Contractor herein contained within the terms of this Agreement.
Confidential Information shall not include, and all obligations as to non-disclosure by Contractor will apply to any information to the extent that such information: (i) is or becomes public other than as a result of acts by the Contractor; (ii) can be shown was already known to the Contractor at the time of its disclosure hereunder; (iii) is independently obtained by the Contractor from a third party having no duty of confidentiality to the Company; (iv) is independently developed by the Contractor without use of any Confidential Information supplied hereunder; or (v) is obligated to be disclosed pursuant to applicable law regulation or legal process with notice of such obligation to be shared with the Company to the extent permitted by applicable law. The Contractor shall not in any manner or form, at any time disclose, reveal, unveil, divulge or release, either directly or indirectly, any aforementioned proprietary or Confidential Information for personal use or for the benefit of any third party and shall at all times endeavor to protect all Confidential Information belonging to the Company.
TERMS:
The herein contained Agreement shall remain in effect for the entire term of working relationship. Notwithstanding the foregoing, the parties' duties to maintain in confidence any and all Confidential Information that may have been disclosed during the term shall thus remain in effect for a period of five (5) years from the date of termination of this Agreement.
RESTRICTIONS:
Affiliate links are not permitted on large advertising platforms such as Facebook, Instagram, Google and YouTube for “paid media.” They can certainly be used for sharing purposes on Social Media but not as part of a “paid advertising” campaign on these networks. An Affiliate agrees not to set up an advertising account on these platforms as this could cause immediate banning of your affiliate links and/or termination as a PipelinePRO Affiliate.
REMEDIES:
Both parties to this Agreement acknowledge and agree that the Confidential Information hereunder this Agreement is of a unique and valuable nature, and that the unauthorized distribution or broadcasting of the Confidential Information could have the potential to destroy and, at the very least, diminish the value of such information. The damages that the Company could sustain as a direct result of the unauthorized dissemination of the Confidential Information would be impossible to calculate. Therefore, both parties hereby agree that the Company shall be entitled to claim injunctive relief that would prevent the dissemination of any Confidential Information that would be in violation of the terms set forth herein this Agreement. Any such injunctive relief provided shall be in addition to any other available remedies hereunder, whether at law or in equity. The Company shall be entitled to recover any sustained costs and/or fees, including, but not limited to, any reasonable attorney's fees which may be incurred while attempting to obtain any such relief. Furthermore, in the event of any litigation which may be related to this Agreement, the prevailing party shall be entitled to recover any such reasonable attorney's fees and expenses incurred.
NOTICE OF BREACH:
The Contractor shall immediately notify the Company upon discovering any unauthorized use or disclosure of Confidential Information by the Contractor or its Representatives, or any other breach of this Agreement by the Contractor or its Representatives, and will cooperate with any efforts by the Company to assist the Company to regain the possession of its Confidential Information and thus prevent its further unauthorized use.
NO LEGALLY BINDING AGREEMENT FOR TRANSACTION:
Both parties hereby agree that neither party shall be under any legal obligation of any kind whatsoever with respect to a Transaction by virtue of this Agreement, except for the matters specifically agreed to herein. The parties further acknowledge and agree that each party herein reserves the right, in their sole and absolute discretion, to reject any and/or all proposals and to terminate discussions and negotiations with respect to any Transaction at any time. This Agreement does not create or constitute a joint venture or partnership between the parties. In the event that a Transaction should go forward, the non-disclosure provisions of any applicable transaction documents entered into between the parties (or their respective affiliates) for the Transaction shall supersede this Agreement. Should and such provision not be provided or stipulated in said transaction documents, then this Agreement shall be the controlling instrument.
ENTIRE AGREEMENT:
This Agreement constitutes the entire understanding between the parties and supersedes any and all prior or contemporaneous understandings and agreements, whether oral or written, between the parties, with respect to the subject matter hereof. This Agreement can only be modified by written amendment signed by the party against whom such enforcement is sought.
GOVERNING LAW:
This Agreement is to be construed pursuant to the current laws of the State Of Florida, United States. Jurisdiction and venue for any claim arising out of this Agreement shall be made in the State of Florida, in the County of The United Sates.
WAIVER:
If either party fails to enforce any provision contained within this Agreement, it shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
SEVERABILITY:
Although the restrictions herein contained in this Agreement are considered by the parties to be reasonable for the purpose of protecting the Confidential Information, if any such restriction is found by a court of competent jurisdiction to be unenforceable, such provision will be modified, rewritten or interpreted to include as much of its nature and scope as will render it enforceable. In the event it cannot be so modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and the remainder of the Agreement shall be enforced as if such provision was not included.
NOTICES:
Any notices or communications required or permitted to be given hereunder may be delivered by hand, deposited with a nationally recognized overnight carrier, emailed, or mailed by certified mail, return receipt requested, postage prepaid, in each case, to the aforementioned address of the other party, or any such other address or addressee as may be furnished by a party in accordance with this paragraph. All such notices or communication shall be deemed to have been given and received (i) in the case of personal delivery or email, on the date of said delivery, (ii) in the case of delivery by a nationally recognized overnight carrier, on the third business day following dispatch, and (iii) in the case of mailing, on the seventh business day following such mailing.
INJUNCTIVE RELIEF:
The Contractor herein acknowledges (i) the unique nature of the protections and provisions established and contained within this Agreement, (ii) that the Company shall suffer irreparable harm if the Contractor should breach any of said protections or provisions, and (iii) that monetary damages would be inadequate to compensate the Company for said breach. Therefore, should the Contractor cause a breach of any of the provisions contained within this Agreement, and then the Company shall be entitled to injunctive relief, in addition to any other remedies at law or equity, to enforce said provisions.
MUTUAL NON-DISPARGEMENT:
PiepleinePRO and Contractor agree that, at all times during the Term following the Date of Termination, they shall use reasonable and good faith efforts to ensure that neither party engages in any vilification of the other, and shall refrain from making any false, negative, critical or disparaging statements, implied or expressed, concerning the other, including, but not limited to, management style, methods of doing business, the quality of products and services, role in the community, or treatment of employees. The parties further agree to do nothing that would damage the other’s business reputation or goodwill; provided, however, that nothing in this Agreement shall prohibit either party’s disclosure of information which is required to be disclosed in compliance with applicable laws or regulations or by order of a court or other regulatory body of competent jurisdiction
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed upon the acceptance of this agreement in the PartnerStack portal.
