AFFILIATE MARKETING AGREEMENT
This Agreement ("Agreement") is made on this _30th_ day of July, 2024 (the "Effective Date"), between KeithM Enterprises LLC dba Barnhill Desks, a company duly incorporated under the laws of Texas, USA, with its registered address located in Frisco, TX ("Company"), and ________________, a company duly incorporated under the laws of ________________, with its registered address at ________________ ("Affiliate").
1. SCOPE OF SERVICES
1.1. The Affiliate shall market, promote, and direct potential customers to the products and/or services (the "Services") of the Company using specific URLs provided by the Company.
1.2. The Affiliate will use its best efforts to actively and effectively advertise, market and promote the Services as widely and aggressively as possible.
2. COMMISSION
2.1. The Company shall pay the Affiliate a commission based on the Net Revenue generated from new customers directed by the Affiliate's efforts. The "Net Revenue" shall be defined as: the monthly fees paid by customers directed by the Affiliate, less any chargebacks (credit card refunds), credits given to customers, processing fees, and sales tax.
2.2. The commission rate begins at 10% of Net Revenue. Our tiered-based commission structure is based on performance. Commission increases based on volume sales. Maximum commission is 15% paid out to the highest performing affiliates. Commission will not be paid on sales taxes, duties, or any other charges related to the sale of the Services. Commissions will not be paid on cancellations or returns.
2.3. The commission will be paid on a monthly basis, within 30 days of approval, following the end of each month. The Affiliate shall receive a monthly report detailing the Net Revenue and calculation of the commission.
3. TERM AND TERMINATION
3.1. This Agreement will begin on the July 30, 2024 and will continue until terminated by either party upon 30 days written notice.
3.2. Upon termination, Affiliate will be entitled to unpaid commissions, if any, earned by Affiliate on or prior to the date of termination.
4. LIABILITY AND INDEMNITY
4.1. Each Party will indemnify, defend and hold the other Party harmless, including costs and attorneys' fees, from any claim or action brought by a third party relating to the negligence, gross negligence, or intentional misconduct of the other Party.
4.2. Neither Party shall be liable to the other for any special, indirect, incidental, punitive, or consequential damages arising from or related to this Agreement.
5. DATA PRIVACY AND PROTECTION
5.1. The Affiliate must comply with all data protection laws and regulations applicable to them in their handling of user data obtained in relation to this Agreement.
5.2. The Affiliate must not disclose, or allow any third party to access, any user data without the prior written consent of the Company.
6. CONFIDENTIALITY
6.1. Each party agrees not to disclose or use the other's proprietary information without the prior written consent of the other party. This section shall remain in force even after termination of the Agreement.
7. GOVERNING LAW AND JURISDICTION
7.1. This Agreement shall be governed by and construed in accordance with the laws of Texas, USA. All disputes arising under or in relation to this Agreement shall be subject to the exclusive jurisdiction of the courts of Dallas County, Texas, USA.
8. ENTIRE AGREEMENT
8.1. This Agreement constitutes the entire agreement between the Parties concerning this transaction, and replaces all previous communications, representations, understandings, and agreements, whether verbal or written between the Parties to this Agreement or their representatives. IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date July 30, 2024. here to add your program terms.
