Thank you for considering the LeadsNearby Affiliate program. Our affiliates are very important to us. This agreement is designed with you in mind, as well as protecting you, LeadsNearby and our clients. Please read thoroughly. If you have any questions, please contact us at affiliates@leadsnearby.com
Affiliate Agreement
This agreement describes the terms and conditions for participation in the LeadsNearby Affiliate program. In this agreement, the term “Affiliate” refers to you (the applicant). In this agreement, “LeadsNearby” refers to Local Loyalty Marketing Solutions NC LLC, a North Carolina LLC, with whom you are entering this agreement. By applying to the LeadsNearby Affiliate program you are confirming that you have read the agreement and agree to the terms and conditions.
Commissions
For a sale to generate a commission to an Affiliate, the referred client must complete the order form and remit initial payment for the service and authorize recurring payment. Commissions will only be paid on sales that are made when the customer clicks through authorized Affiliate links which will be available to Affiliate through their dashboard account (LeadsNearby’s affiliate portal). Ensuring only proper links are used is the sole responsibility of the affiliate. Commissions can be viewed on the Affiliate Dashboard.
Affiliate will continue to accumulate commissions for each recurring paid transaction by the customer for as long as the customer remains a paying customer.
Commission rate is 20% on monthly recurring based on service offering as:
- f.i.r.e.™ technology platform website product
- SPARK™ contractor marketing service bundle including f.i.r.e.™ website, Nearby Now and Citation program
At no time will any commission per client referred be greater than $100 per month.
If referred clients receive a rebate from an association or buying group relationship LeadsNearby has (such as Service Roundtable, EGIA, etc), those monies will be deducted from Affiliate revenue share before being paid. These deducted monies will not be noted in the Affiliate dashboard but will be reported separately.
Payment
An Affiliate will receive a payment when their balance reaches a minimum balance of $100 USD. Payments will be made every quarter by the 15th of the following month (April, July, Oct, Jan). Payments will be paid out via PayPal. Affiliate is responsible for ensuring LeadsNearby has their proper paypal account (email address) on record.
Refunds
In the event a client requests a refund for a transaction for which the Affiliate has otherwise earned commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s balance.
Usage and Obligations
Affiliates are permitted to use the LeadsNearby brand and marketing resources available in the Affiliates dashboard. Logos and other assets cannot be modified. The Affiliate does not gain any trademark, copyright or any other rights to these materials.
LeadsNearby will provide the Affiliate with Authorized promotional materials to include: Sales Sheet(s), Banner Ad(s), Direct Link(s), Lightbox(s), Standard Link(s) and Email Message(s). Affiliate may request other material be made available. LeadsNearby will do so or not at its sole discretion.
The Affiliate will never imply that they are acting on behalf of LeadsNearby and will never advertise LeadsNearby services directly. The Affiliate will never bid for advertisements that compete with LeadsNearby.
The Affiliate will never represent themselves, LeadsNearby or their relationship with LeadsNearby in a false or misleading way.
The Affiliate will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing LeadsNearby.
Term and Termination
Either party has the right to terminate the agreement immediately without prior notice.
If the Affiliate terminates the agreement, no further commissions from LeadsNearby will be paid for any past or future customer transactions.
If LeadsNearby chooses to terminate the agreement, any balance greater than $100 USD will be paid to the affiliate within 60 days of termination. Balances that are smaller than $100 will be forfeited.
LeadsNearby will not be obligated for any commission for future recurring client payments after termination.
Cost of Marketing
The Parties shall each bear its own costs for any marketing and promotion or costs arising out of its participation in this Agreement. Nothing hereunder shall be construed to require one of the Parties to compensate the other for its marketing costs, business costs, or other costs incurred in promoting or marketing the services.
Nonsolicitation of Personnel
Affiliate (“Restricted Party”) acknowledges that LeadsNearby’s (“Restricting Party”) employees are a valuable asset to such party (“Restricting Party”), difficult to replace, and critical to servicing the customers of the Restricting Party. Therefore, during the term of this Agreement and for a period of one (1) year thereafter, Restricted Party shall not directly or indirectly employ, solicit or retain the services of the employees of the Restricting Party for its own benefit or the benefit of another.
Noncompetition
The Affiliate acknowledges that the Company’s (“Restricting Party”) clients are a valuable asset to the Company, difficult to replace, and critical to the success of the Company. Therefore, during the term of this Agreement and for a period of one (1) year thereafter, the Affiliate shall not directly or indirectly solicit or offer the same or substantially similar services (as shown above in Commissions section) of the Company to the clients of the Company.
Arbitration and Governing Law
The execution, interpretation and performance of this Agreement shall be governed by the internal laws and judicial decisions of the State of North Carolina. Any dispute arising out of or relating to this contract, or the breach thereof, shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in the city of Raleigh, North Carolina, in accordance with the Federal Arbitration Act and the North Carolina Uniform Arbitration Act, as applicable. There shall be three arbitrators. One arbitrator shall be named by each of the parties; the third arbitrator shall be agreed upon by the two arbitrators named by the parties. The arbitrators shall decide the dispute in accordance with the substantive law of the state of North Carolina.
Agreement Not Exclusive
Nothing in this Agreement shall in any manner grant to Affiliate an exclusive arrangement with Company and Company shall remain absolutely free to enter into similar agreements with other companies during the Term of this Agreement and on terms and conditions the same as or different than those contained in this Agreement.
Limitation of Liability
Except with regard to their respective indemnification and confidentiality obligations hereunder, in no event shall either of the Parties be liable to the other in contract, tort, strict liability or cause of actions of any nature for any incidental, indirect, exemplary, punitive, special or consequential damages, under any circumstances, including, but not limited to, lost profits, revenues, or savings, or the loss of use of any data, even if that party had been advised of, knew, or should have known, of the possibility thereof.
Indemnification
Affiliate shall defend, indemnify, and hold harmless the Company and its directors, officers, and employees from and against all third party allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including, without limitation, attorneys’ fees and costs) which arise out of or relate to any the willful misconduct or gross negligence of the Affiliate or any intentional breach of the Affiliate’s warranties hereunder this Agreement.
Joint Venture
Nothing in this Agreement shall be construed or interpreted as creating or implying any joint venture, or other similar relationship between the parties. Nothing contained in this Agreement shall permit or authorize either party to execute any agreement or take any other action that is binding upon the other except as otherwise set forth herein.
Modification
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available commissions, commission schedules, payment procedures and Affiliate Program rules.