The Affiliate “Partner” Program Agreement
(Terms Of Service)
This Affiliate Partner Program Operating Agreement (the "Agreement") entered into by Revolution Debt Relief LLC ("Revolution Debt Relief" or "we"), and you ("you" or "Partner" or Affiliate partner). The said party is applying to become a Revolution Debt Relief affiliate partner.
The terms and conditions contained in this Agreement apply to your participation with revolutiondebt.com ("Affiliate Partner Program" or "Partner Program"). Each Partner Program offer (an "Offer") may be for any offering by Revolution Debt Relief or a third party (each such third party a "Client") and may link to a specific web site for that particular Offer ("Program Web Site").
Furthermore, each Offer may have additional terms and conditions on pages within the Partner Program and incorporated as part of this Agreement. By submitting an application or participating in an Offer, you consent to the terms and conditions of this Agreement.
1. Enrollment in the Partner Program:
You must submit an Affiliate Partner Program application from our website. You must accurately complete the application to become a partner (and provide us with future updates). Affiliate partners must not use any aliases or other means to mask their true identity or contact information. After we review your application, we will notify you of your acceptance or rejection of the Partner Program, generally within two (2) business days. We may accept or reject your application at our sole discretion for any reason.
2. Obligations of the Parties:
Subject to our acceptance of you as an Affiliate partner and your continued compliance with the terms and conditions of this Agreement, Revolution Debt Relief agrees as follows:
a. We will make available to you via the Partner Program graphic, textual links to the Program Web Site and other creative materials. (collectively, the "Links") which you may display on web sites owned or controlled by you, in emails sent by you, and identified as coming from you and in online advertisements (collectively, "Media"). The Links will serve to identify you as a member of our Partner Program and will establish a link from your Media to the Program Web Site.
b. We will pay Partner for each Qualified Action (the "Commission"). A "Qualified Action" means a person who,
(I). Accesses the Program Web Site via the link, where the link is the last link to the Program Web Site.
(II). It is not a computer-generated user, such as a robot, spider, computer script, or other automated, artificial, or fraudulent method to appear like an individual, real live person. (iii) is not using pre-populated fields
(III). Completes all of the information required for such action within the time allowed by Revolution Debt Relief and (v) is not later determined by SuperMoney to be fraudulent, incomplete, unqualified, or a duplicate.
c. We will pay you any Commissions earned monthly, provided that your account is currently greater than $100. Accounts with a balance of less than $100 will roll over to the next month and will continue to roll over monthly until $100 accrues. We reserve the right to chargeback to your account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action.
d. Payment for Commissions is dependent upon Clients providing such funds to Revolution Debt Relief. Therefore, you agree that Revolution Debt Relief shall only be liable to you for Commissions to the extent that Revolution Debt Relief has received such funds from the Clients. You hereby release Revolution Debt Relief from any claim for Commissions if Revolution Debt Relief has not received such funds from the Clients.
e. Revolution Debt Relief shall automatically generate an invoice on behalf of Partner for all Commissions payable under this Agreement and shall remit payment to Partner based upon that invoice. Revolution Debt Relief shall make all tracking of Links and determinations of Qualified Actions and Commissions in its sole discretion. If Partner disputes in good faith any portion of an invoice, Partner must submit that dispute to Revolution Debt Relief in writing and sufficient detail within thirty (30) days of the date on the invoice.
f. If Partner does not dispute the invoice as set forth herein, then Partner agrees that it irrevocably waives any claims based upon that invoice. If Partner is also tracking qualified actions and Partner claims a discrepancy, the Partner must provide Revolution Debt Relief with Partner's reports within three days after the 30th day of the calendar month.
g. Also, if Revolution Debt Relief and Partner's reported statistics vary by more than 10% and is reasonably determined that Partner has used generally accepted industry methods to track Qualified Actions. Then Revolution Debt Relief and Partner agree to make a good faith effort to arrive at a reconciliation. If the parties are unable to arrive at a reconciliation, then Revolution Debt Reliefs numbers shall govern.
h. If Partner has an outstanding balance due to Revolution Debt Relief under this Agreement or any other agreement between the Partner and Revolution Debt Relief, whether or not related to the Partner Program. Partner agrees that Revolution Debt Relief may offset any such amounts due to Revolution Debt Relief from amounts payable to Partner under this Agreement.
3. Partner also agrees to:
a. Have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.
b. Ensure that all materials posted on your Media or otherwise used in connection with the Partner Program:
(I) are not illegal.
(II) do not infringe upon the intellectual property or personal rights of any third party.
(III) Do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing. It does not promote violence, promote discrimination (whether based on sex, religion, race, ethnicity, nationality, disability, or age), promote illegal activities (such as gambling). Nor does it contain profanity or materials that Revolution Debt Relief informs you it considers objectionable (collectively, "Objectionable Content").
c. Not make any representations, warranties or other statements concerning Revolution Debt Relief or Client or any of their respective products or services, except as expressly authorized herein.
d. Make sure that your Media does not copy or resemble the look and feel of the Program Web Site. Create the impression that your Media is endorsed by Revolution Debt Relief or Clients or a part of the Program Web Site, without prior written permission from us.
e. Comply with all (i) obligations, requirements, and restrictions under this Agreement and (ii) laws, rules, and regulations as they relate to your business, your Media, or your use of the Links.
f. Comply with the terms, conditions, guidelines, and policies of any third-party services used by Partner in connection with the Partner Program, including but not limited to, email providers, social networking services and ad networks.
(I). Always prominently post and make available to end-users any terms and conditions in connection with the Offer set forth by Revolution Debt Relief or Client, or as required by applicable laws regarding such Offers.
(II). Make sure to not place Revolution Debt Relief ads on any online auction platform (i.e., eBay, Amazon, etc.).
4. The following additional program-specific terms shall apply to any promotional programs set forth below:
a. Email Campaigns. For all email campaigns, Partner must download the "Suppression List" from the Offers section of Revolution Debt Relief. Partner shall filter its email list by removing any entries appearing on the Suppression List and will only send emails to the remaining addresses on its email list. Revolution Debt Relief will provide an opt-out method in all Links. However, if any opt-out requests come directly to Partner, Partner shall immediately forward them to Revolution Debt Relief at Partner's emails containing the Links may not include any content other than the Links, except as required by applicable law.
b. Partner agrees that failure to download the Suppression List and remove all emails from the database before mailing may result in Commission withholdings. The removal or suspension from all or part of the Partner Program. Possible legal action and any other rights or remedies available to Revolution Debt Relief pursuant to this Agreement or otherwise. Partner further agrees that it will not mail or market to any suppression files generated through the Revolution Debt Relief network. That doing so may result in Commission withholdings, removal or suspension from the Partner Program, possible legal action, and any other rights or remedies available to Revolution Debt Relief pursuant to this Agreement or otherwise.
c. Advertising Campaigns. No Links can appear to be associated with or be positioned on chat rooms or bulletin boards unless otherwise agreed by Revolution Debt Relief in writing. Any pop-ups/underused for the Partner Program shall identify as a Partner served in the title bar of the window. Any client-side ad serving software used by Partner shall only have been installed on an end user's computer if the function of the software is disclosed to end-users before installation. The installation is pursuant to an affirmatively accepted and plain-English end user license agreement, and the software is easily removed according to generally accepted methods.
d. Partner Network Campaigns. For all Partner's that maintain their Partner networks, Partner agrees to place the Links in its Partner network (the "Network") for access and use by those Partners in Partner's Network (each a "Third Party Partner"). Partner agrees that it will expressly forbid any Third Party Partner to modify the Links in any way. Partner agrees to maintain its Network according to the highest industry standards.
(I). Partner shall not permit any party to be a Third-Party Partner whose web site or business model involves content containing Objectionable Content. All Third Party Partners must be in good standing with Partner. Partner must require and confirm that all Third Party Partners affirmatively accept, through verifiable means, this Agreement before obtaining access to the Links.
(II). Partner shall promptly terminate any Third Party Partner who takes or could reasonably take any action that violates the terms and conditions of this Agreement.
(III). If either party suspects any wrongdoing by a Third Party Partner concerning the Links, Partner shall promptly disclose to Revolution Debt Relief the identity and contact information for such Third Party Partner.
(IV). Partner shall IMMEDIATELY remove any third Party Partner from the Partner Program and terminate their access to future Offers of Revolution Debt Relief in the Network upon written notice from Revolution Debt Relief. Revolution Debt Relief shall be provided truthful and complete contact information for a Third Party Partner. The Third Party Partner has affirmatively accepted this Agreement as recorded by Revolution Debt Relief; thus, Partner shall remain liable for all acts or omissions of any Third Party Partner.
Except as otherwise provided in this Agreement or with the consent of Revolution Debt Relief. You agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or any of our partners provided by or on behalf of any of them shall remain strictly confidential and secret. That shall not be utilized directly or indirectly by you for any purpose other than your participation in the Partner Program. Except solely to the extent that any such information is generally known public knowledge. Partner shall not use any information obtained from the Partner Program to develop, enhance, or operate a service that competes with the Partner Program, or assist another party to do the same.
6. Limited License & Intellectual Property:
We grant you a nonexclusive, non-transferable, revocable right to use the Links and to access our web site through the Links solely per the terms of this Agreement. For the sole purpose of identifying your Media as a participant in the Partner Program and assisting in increasing sales through the Program Website.
(I). You may not alter, modify, manipulate or create derivative works of the Links or any Revolution Debt Relief graphics, creative, copy, or other materials owned by, or licensed to, Revolution Debt Relief in any way. (II). You are only entitled to use the Links to the extent that you are a member in good standing of the Partner Program. We may revoke your license anytime by giving you written notice. Except as expressly stated herein, nothing in this Agreement grants you any rights to any of Revolution Debt Relief trademarks, service marks, copyrights, patents, or trade secrets. You agree that Revolution Debt Relief may use any suggestion, comment, or recommendation you choose to provide to Revolution Debt Relief without compensation. Revolution Debt Relief reserves all rights not expressly granted in this Agreement.
This Agreement shall commence on the date of approval of your Partner Program application and shall continue after that until terminated as provided herein. You may terminate your participation in the Partner Program at any time by removing all Links from your Media, deleting all copies of the Links. We may terminate your participation in one or more Offers or this Agreement at any time and for any reason, we deem appropriate with or without prior notice to you by disabling the Links or providing you with a written notice. Upon termination of your participation in one or more Offers or this Agreement for any reason, you will immediately cease all use of and delete all Links, plus all Revolution Debt Relief or Client intellectual property. You will stop representing yourself as a Revolution Debt Relief or Client partner for such one or more Offers. All rights to validly accrued payments, causes of action, and any provisions, which by their terms are intended to survive termination, shall survive any termination.
a. In addition to any other rights and remedies available to us under this Agreement, Revolution Debt Relief reserves the right to delete any actions submitted through your Links and withhold and freeze any unpaid Commissions or chargeback paid Commissions to your account.
(I). if Revolution Debt Relief determines that you have violated this Agreement.
(II). Revolution Debt Relief receives any complaints about your participation in the Partner Program, which Revolution Debt Relief reasonably believes to violate this Agreement.
(III) any Qualified Action is later determined to have not met the requirements outlined in this Agreement or on the Partner Program. Withholding, freezing of Commissions, or chargebacks for paid Commissions, shall be without regard as to whether or not such Commissions were earned as a result of such breach. In the event of a material breach of this Agreement, Revolution Debt Relief reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions.
9. Anti-Spam Policy:
(I). You must strictly comply with the federal CAN-SPAM Act of 2003 (the "Act"). All emails sent in connection with the Partner Program must include the appropriate party's opt-out link.
(II). Periodically, we may request information from our affiliate partner. Before the affiliate partner sending emails containing linking or referencing the Partner Program, we may ask that you submit the final version of your email to Revolution Debt Relief for review and approval. Forward a copy to an authorized Revolution Debt Relief representative. On receiving written authorization, the email may then be sent to third parties.
(III). The affiliate partner is responsible for ensuring that the email complies with the "CAN-SPAM" Act. You agree not to rely upon Revolution Debt Relief approval of your email for compliance with the Act or assert any claim that you are in accordance with the Act based upon Revolution Debt Relief approval.
You are expressly prohibited from using any persons, means, devices, or arrangements to commit fraud, violate any applicable law, interfere with other partners, or falsify information in connection with referrals through the Links or the generation of Commissions or exceed your permitted access to the Partner Program. Such acts include, but are in no way limited to, using automated means to increase the number of clicks through the Links or completion of any required information, using spyware, using stealware, cookie-stuffing, and other deceptive acts or click-fraud. SuperMoney shall make all determinations about fraudulent activity in its sole discretion.
11. Representations and Warranties:
You hereby represent and warrant that this Agreement constitutes your legal, valid, and binding obligation, enforceable against you per its terms, and that you have the authority to enter into this Agreement. Subject to the other terms and conditions of this Agreement, Revolution Debt Relief represents and warrants that it shall not knowingly violate any law, rule, or regulation which is applicable to own business operations or Revolution Debt Relief proprietary products or services.
In addition to any notice permitted to be given under this Agreement. We may modify the terms and conditions of this Agreement at any time by providing you with a notification by email. The changes will become effective ten (10) business days after such notice. If the modifications are unacceptable to you, you may terminate this Agreement without penalty solely on account of such termination within such ten (10) business day period. Your continued participation in this Partner Program ten (10) business days after a change notice has posted will constitute your acceptance of such change. Revolution Debt Relief may change, suspend, discontinue any aspect of an Offer or Link or remove, alter, or modify any tags, text, graphic, or banner ad in connection with a Link. Partner agrees to promptly implement any request from Revolution Debt Relief to remove, alter, or modify any Link, graphic or banner ad that is being used by Partner as part of the Partner Program.
13. Independent Investigation:
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the affiliate partner program and are not relying on any representation, guarantee, or statement other than as outlined in this Agreement.
14. Mutual Indemnification:
Partner as a result of this agrees to indemnify, defend and hold harmless Revolution Debt Relief and Clients and their respective subsidiaries, partners, partners and licensors, directors, officers, employees, owners and agents against all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs).
(I). Any failure or breach of this Agreement, including any representation, warranty, covenant, restriction, or obligation made by Partner herein.
(II). Any misuse by Partner, or by a party under the reasonable control of Partner or obtaining access through Partner, of The Links, Offers or Revolution Debt Relief, or Client intellectual property.
(III). Any claim related to your Media but not limited to the content contained on Media, (except for the Links).
Revolution Debt Relief as a result of this agrees to indemnify, defend and hold harmless: Partner and its subsidiaries, partners, and their respective directors, officers, employees, owners and agents against all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs). Based on a claim that Revolution Debt Relief is not authorized to provide you with the Links.
THE PARTNER PROGRAM AND LINKS, AND THE PRODUCTS AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED TO PARTNER "AS IS." EXCEPT AS EXPRESSLY SET FORTH HEREIN, Revolution Debt Relief EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF a COURSE OF DEALING, USAGE, OR TRADE. Revolution Debt Relief DOES NOT WARRANT THAT THE PARTNER PROGRAM OR LINKS WILL MEET PARTNER'S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE PARTNER PROGRAM OR LINKS WILL BE COMPLETELY ERROR-FREE OR UNINTERRUPTED. Revolution Debt Relief EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A CLIENT OR THEIR PRODUCTS OR SERVICES. Revolution Debt Relief DOES NOT GUARANTEE THAT PARTNER WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.
16. Limitation of Liability:
Revolution Debt Relief SHALL IN NO WAY BE LIABLE FOR ANY MALFUNCTION OF THE AFFILIATE LINKS. ALSO THE PROGRAM WEB SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION. INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF Revolution Debt Relief. IN NO EVENT WILL Revolution Debt Relief BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY / WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY. EVEN IF SUCH DAMAGES ARE FORESEEABLE AND Revolution Debt Relief HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. Revolution Debt Relief CUMULATIVE LIABILITY TO PARTNER, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO PARTNER BY Revolution Debt Relief IN COMMISSIONS DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.
17. Governing Law & Miscellaneous:
Partner shall be responsible for the payment of all attorney fees and expenses incurred by Revolution Debt Relief to enforce the terms of this Agreement. This Agreement contains the entire Agreement between Revolution Debt Relief and Partner concerning the subject matter hereof, and supersedes all prior and contemporaneous agreements or understandings, written or oral.
(I). Partner agrees that Revolution Debt Relief shall not be subject to or bound by any Partner insertion order or online terms and conditions that: amend, conflict with, or supplement this Agreement. Regardless of whether Revolution Debt Relief "clicks through" or otherwise indicates its acceptance thereof.
(II). Partner may not assign all or any part of this Agreement without Revolution Debt Relief prior written consent. Revolution Debt Relief may assign this Agreement at any time with notice to Partner. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors, and valid assigns of the parties hereto. The provisions of Section 3, 4(b), 6, 7, 8, 12-17, and any accrued payment obligations shall survive the termination of this Agreement. Except as outlined in the "Modifications" section above, this Agreement may not be modified without the prior written consent of both parties.
(III). If any provision of this Agreement is held to be void, invalid or inoperative, the remaining provisions of this Agreement shall continue in effect. The invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. Each party herein is an independent contractor for all purposes arising under this Agreement. Nothing herein shall be deemed to establish a partnership, joint venture, association, or employment relationship between the parties. No course of dealing nor any delay in exercising any rights hereunder shall operate as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.
(IV). By applying to the Partner Program herein, you affirm and acknowledge you have read Agreement in its entirety and agree to be bound by all of its terms and conditions. If you do not wish to be bound by this Agreement, you should not apply for the Partner Program. If an individual is applying for the affiliate program through this Agreement on behalf of a business entity. By doing so, such individual represents that they have the legal capacity and authority to bind such business entity to this Agreement. This Agreement was last revised on 01-06-2020