Affiliate Agreement
Read this agreement, link to register at the end.
This agreement becomes effective as of the date that each affiliate agrees with its content and registers with the affiliate program. the agreement is between each affiliate and SafeMoneyMetrics™ LLC, a New York Limited Liability Company at 20 East 9th Street Suite 15A , New York , N.Y. 10003-5944.
1. Responsibilities and Relationship of the Affiliate:
Affiliate agrees that they are an independent contractor and no employment relationship exists between SafeMoneyMetrics™ and the affiliate. SafeMoneyMetrics™ will provide a 1099 for each affiliate at the end of each year when appropriate. Affiliate agrees to develop retail and/or wholesale distribution system for SafeMoneyMetrics™ services offered through the SafeMoneyMetrics™ Affiliate Program.
2. SafeMoneyMetrics™ and all Associates Represent:
“Associates” herein shall mean all individuals, partnerships, corporations or other such entities that SafeMoneyMetrics™ may from time to time work with and enter into a contract for project management.
3) When required by law, they shall legally register with the Commodity Futures Trading Commission and the National Futures Association as authorized persons to engage in the business of developing and managing services for managed futures as regulated by the CFTC and NFA.
4) They have adequate industry experience, insight, skills and supportive infrastructure to offer reasonable and responsible services, advice and decisions regarding the development, risk management and trading of any managed futures service within the national and international futures industry.
5) Proprietary information shall remain strictly confidential. This shall include, but is not limited to, information on affiliates, clients or any other pertinent intellectual property of SafeMoneyMetrics™, associates and all partners. Should any affiliate require further assurances as to confidentiality, SafeMoneyMetrics™ agrees that other terms and conditions may be added to this Agreement as an appendix, which sets forth such additional terms or conditions that are mutually agreed upon by the parties.
6) SafeMoneyMetrics™ does not provide legal representation. Affiliates are hereby advised to seek independent legal advice from a competent attorney within their industry. Although we have access to legal information, this information is provided to Affiliates with the express understanding that they will seek legal counsel prior to reliance on same. Affiliates shall assume and be solely responsible for any such reliance. Further, Affiliates shall hold harmless and indemnify SafeMoneyMetrics™ and its associates from such reliance.
7. Sales Fees / Commissions Payable:
Affiliates receive 20% of gross fees charged for all services offered by the Always SafeMoney Affiliate Program. Referral Fees are 5% of gross fees charged.
8. Allocation of Sales Expenses:
All expenses incurred by affiliates shall be the sole responsibility of each affiliate. SafeMoneyMetrics will on a best efforts' basis establish procedures, materials and services intended to control costs.
9. Payment Terms:
Compensation will be paid within 5 to 10 business days after SafeMoneyMetrics™ receives payment from each service. For example: When services are directly paid for through http://www.PayPal.com or SafeMoneyMetrics™ the money is promptly distributed by the 10th of the month for the previous months work. (You are paid by Feb 10 for January’s work). When services such as the risk management services have to be billed by SafeMoneyMetrics™, and paid to SMM™ by institutions, the money can be distributed within 5 to 10 business days after we are paid from the institutions. The minimum monthly amount that Always SafeMoney will pay out is $100.00. Should your earnings be less than this, we'll carry them over to the next month's activity."
10. Authority Granted to Partners:
Affiliates are authorized to market services on a non-exclusive basis anywhere in the world. Affiliates agree to work within the regulations and laws of each industry and country.
11. Confidentiality and Non-Disclosure:
Affiliates agree to comply with and be bound by the terms and conditions regarding confidentiality as set forth below:
Affiliates are informed that all documents, including risk management procedures produced by SafeMoneyMetrics™ are copyrighted and considered SafeMoneyMetrics™ proprietary intellectual property. All procedures associated with SafeMoneyMetrics™ under intellectual property and copyright law are considered the sole legal property of SafeMoneyMetrics™. These documents or procedures may not be copied or reproduced in any manner whatsoever or by any means whatsoever without the prior written consent of SafeMoneyMetrics™.
Affiliates acknowledge that proprietary verbal dialogue between each Affiliate and SafeMoneyMetrics™ shall remain mutually confidential.
12. The Affiliate’s Authority to Contract:
The Affiliate hereby warrants that they are free to enter into this Agreement.
13. Affiliates Best Efforts:
Affiliates agree to give their time, attention and devote their best talents and abilities to the services performed within this agreement during the term of this Agreement.
14. Other Responsibilities:
Both parties may represent other persons or render services in the same manner as for Sanctity.
15. Prior Agreements:
This Agreement supersedes any prior agreements and undertakings between the Parties hereto and represents the complete agreement of the Parties; however, this Agreement may be amended from time to time pursuant to the written agreement of all Parties.
16. Disability:
If either party becomes disabled, this Agreement shall automatically be considered terminated unless each party is able to meet all terms and conditions set forth in this Agreement and the appendices attached hereto and incorporated herein. Notwithstanding anything to the contrary above, either party may continue to perform services to the extent that they can, or subject to the terms and conditions of this Agreement and appendices, may retain the services of a third party so as to ensure the disabled party’s compliance with this Agreement and its appendices. If either party is not able to reasonably perform or contract someone else to perform the services usually provided by the disabled party, the cost for obtaining those services from a third party shall be paid by the party who engages the third party for those services.
For the purpose of this Section 11, “disability” shall mean any physical and/or mental illness or injury of the person(s) who are actually providing the services hereunder on behalf of either party, as a result of which such party fails to fulfill its obligations pursuant to this Agreement for a period of (3) successive months or an aggregate of (5) months in any 12 month period.
17. Death of the Affiliate:
In the event of the death of the Affiliate during the Term of this Agreement, this Agreement shall terminate immediately. Beneficiaries of the Affiliate will be paid 100% of the Affiliates Income for the life of all accounts that were developed by the Affiliate.
18. Arbitration:
All claims, disputes and other matters in question arising out of or relating to this Agreement or the breach hereof, shall be decided by arbitration in accordance with the then current commercial arbitration rules of the American Arbitration Association unless the Parties mutually agree otherwise. This agreement to arbitrate shall be by the New York Uniform Arbitration Act. The award rendered by the arbitrators shall be final, and Judgment may be entered upon it in accordance with the laws of the State of New York or in any court having Jurisdiction thereof. Arbitration shall be conducted at a situs in New York State in Manhattan County .
Notice of demand for arbitration shall be filed in writing with the other party and with the American Arbitration Association. The demand for arbitration shall be made before the date when the institution of legal or equitable proceeding based upon such claim, dispute or other matter would be barred by the applicable statute of limitations. The party initiating the arbitration shall be responsible for incurring all costs and fees associated with initiating the arbitration. Thereafter, each party shall bear its own costs. The prevailing party, as determined by the arbitrator, shall be entitled to reimbursement of all costs and fees incurred throughout the arbitration process and the initiation thereof.
19. Notices:
Any notice given under this agreement to either party shall be made in writing. Any such notice shall be deemed to be given when mailed to any such party by registered or certified mail, postage prepaid, addressed to such party at their respective addresses set forth below herein, or at such other address as such party may hereafter designate (by written notice given to the other party) as their respective address for purpose of notice hereunder:
20. Assignment:
This Agreement is personal as between the parties, as such, this Agreement and the parties rights may not be sold, assigned, transferred, pledged as collateral, or otherwise encumbered or alienated by either party, unless agreed to by both parties, which consent shall not be unreasonably withheld.
21. Binding Effect:
The rights and obligations of the parties under this Agreement shall inure to the benefit of, and shall be binding upon, the successors and assigns of each party.
22. Termination:
This agreement may be terminated by either party upon 30 days written notice. This Agreement shall automatically be considered terminated by any act of misconduct or any material violation of any applicable law by either party, which has a material adverse effect on the other party’s rights set forth herein, without any consideration for the rights of the party who has committed the act of misconduct or violated the law.
23. Compensation and Termination:
If the agreement is terminated because of acts of misconduct or any material violation of law, compensation shall cease upon the date of termination. If the agreement is termination under amicable circumstances, compensation shall be paid to each partner on business developed for the life of all accounts.
24. Headings and Context:
The headings of this agreement are inserted for convenience only and do not define, limit or extend the scope or intent of this agreement or any provision thereof. When the context permits, a word or phrase used in the singular means the plural and when used in any gender, its meaning also includes all genders.
25. Time:
Time is of the essence for this Agreement.
26. Term:
The term of this Agreement is perpetual.
27. Ability to Sever:
In the event any section, subsection, provision, or clause of this agreement or any combination thereof is found to be unenforceable at law, in equity, or under any presently existing or hereafter enacted legislation, regulation, or order of the United States, any state or subdivision thereof or any municipality, those findings shall not in anyway affect the other sections, subsections, provisions, or clauses of this agreement, which shall continue in full force and effect, and the unenforceable provisions shall be interpreted in a manner that imposes the maximum restriction or obligation permitted by applicable law.
28. Interpretation:
All questions of validity and interpretation of this agreement shall be governed by, and construed and enforced in all respects in accordance with the laws of the State of New York .
29. Modification:
Neither this Agreement nor any term or provision hereof, may be cancelled or modified, except by written amendment signed by the parties hereto.
30. Entire Agreement:
This agreement contains the entire agreement of the parties and no previous representations, inducements, promises or agreements, oral or otherwise, shall be of any force or effect.
31. Waiver:
The waiver by any Party hereto of any breach of this Agreement, whether in a single instance or repeatedly, shall not be construed as a waiver of rights under this Agreement to terminate the same because of similar or additional breaches. Further, such waiver shall not in any manner be construed as a waiver by any other Party to strictly adhere to the terms and conditions of this Agreement, nor as a waiver of any claim for damages or other remedy by reason of any such breach.
32. Counterparts:
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument.
33. Attorney’s fees:
The prevailing party in any dispute that may arise regarding the terms and conditions, provisions, breach or enforcement of this Agreement shall be entitled to recover, in addition to any other damages, reasonable attorney’s fees and costs. This provision shall apply regardless of whether legal action or proceeding is instituted or not.
As part of your registration checking I Agree , is agreement. The parties acknowledge that they have read this entire agreement; have a clear understanding of the obligations, rights, duties, and liabilities which arise as a result of their execution below; and are in receipt of a copy hereof.