Terms, Conditions & Affiliate Agreement
This Agreement constitutes the terms and conditions of your relationship as a Commission River publisher (Agent). By
reading and digitally signing this agreement you will be enrolled as a Commission River ("CR") Agent and do hereby agree to
abide by and be bound by these terms and condition.
1. AUTHORIZATION AND DUTIES
Agent is authorized as a non-exclusive independent sales agent for the term of this agreement to promote and sell services
and products for vendor partners of CR ("Advertisers") listed in the CR Agent back office located at
publisher.commissionriver.com. Agent is over 18 years old and is not subject to any non-compete agreements and is fully
authorized to sign this legally binding agreement.
2. INAPPROPRIATE METHODS
Agent agrees not to use inappropriate methods of advertising or selling. Inappropriate methods include:
- Spam or Unsolicited E-mail meaning e-mail messages or advertisements sent to individuals who have not requested such
information be sent to them.
- Adware or Pop-ups meaning software installed on an individuals computer enabling users' browser to be hijacked, redirected
or cause ads to display on users computer.
- Soliciting individuals on the Do Not Call Registry meaning calls to residences subscribing to the National Do-Not-Call
Registry located at https://telemarketing.donotcall.gov.
3. INTELLECTUAL PROPERTY
Agent will use only those promotional materials which CR's Advertisers have provided. The use of logos and other
trademarked names, symbols insignias and other intellectual property is the property of CR's Advertisers and CR may not grant
the right to use such property. The parties agree that this provision shall extend to Web Sites and Web Pages on which Agent
may offer services of such Advertisers. Agent will not use proprietary information for recruiting or marketing purposes.
Proprietary information includes but is not limited to customer lists or agent lists ("Lists") belonging to an entity which
entity has not granted permission to Agent to use such List(s). In the event Agent is found to have used such information,
Agent may be terminated immediately.
4. CIRCUMVENTION
Agent will use tools provided within the CR publisher back office to generate referrals of products and services. Agent
will not attempt to circumvent CR's relationship with Advertisers by negotiating with or entering into an agreement, directly
or indirectly, with Advertisers.
5. COMPENSATION
As compensation for selling CR services, CR will pay Agent commission in accordance with the compensation listed for such
service. Bounties shall be paid as listed within the CR back office located at http://publisher.commissionriver.com.
Commission payments to Agent are dependent upon cash receipt by CR from its Advertiser partners. CR will distribute funds
received from its Advertiser partners within 30 days of receipt and reserves the right to distribute a pro-rata share of
commissions if Advertisers do not remit complete payments.
6. LIMITATION OF LIABILITY
CR shall have no responsibility for the payment or withholding of taxes in connection with any commission due hereunder.
Agent is an independent contractor. All applicable taxes must be paid by Agent.
7. TERMINATION
CR retains the right to terminate this agreement for cause or for convenience. Upon termination, Agent shall destroy or
delete all tools and materials provided by Commission River and shall also be prohibited from accessing the CR online
application and tools.
8. ATTORNEYS FEES
If any action is brought to enforce or interpret the provisions of this agreement, the prevailing party will be entitled to
reasonable attorney's fees in addition to any other relief to which the party may be entitled.
9. ENTIRE AGREEMENT
This agreement supersedes any and all agreements, both written and oral, between the parties with respect to the rendering
of services by CR and its partners, and contains, together with any attachments hereto, all of the covenants and agreements
between the parties with respect to the rendering of these services in any manner whatsoever. Each party acknowledges that no
inducements, promises, or agreements, written or oral, have been made by either party that are not embodied in this agreement.
Any modification or waiver of any term or condition of this agreement is effective only if it is in a written addendum
attached hereto, signed and dated by both parties.
10. WAIVER
The terms, covenants, representations and warranties of this Agreement may be waived only by a written instrument executed
by the Party waiving compliance. The failure of either Party at any time to require performance of any provision hereof shall,
in no manner, affect the right at a later date to enforce the same. No waiver by either Party of any breach of any term,
covenant, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more
instances, shall be deemed to be construed as a further or continuing waiver of any such breach, or the breach of any other
term, covenant, representation or warranty of this Agreement.
11. GOVERNING LAW; VENUE
The laws of the State of Utah will govern the validity and construction of this agreement and of the rights and duties of
Agent and CR. Jurisdiction and venue of any suit or action arising out of this agreement or the performance rendered by either
party pursuant to this agreement shall lie only in Utah and CR, by execution of this Agreement, irrevocably consent to the
personal jurisdiction of any federal or state court of such venue.
12. SUCCESSORS AND ASSIGNS
This agreement shall inure to the benefit of and be binding on the parties' successors and assignees.
13. INDEPENDENT AFFILIATE
Nothing in this Agreement shall constitute a Party as legal representative or agent of the other Party having the right or
authority to assume, create or incur liability or any obligation of any kind, express or implied, against or in the name or on
behalf of the other Party. Neither Party nor anyone employed by either Party shall be considered an agent of the other Party
for purposes of Unemployment or Worker's Compensation coverage, the same being hereby expressly waived and excluded by the
parties hereto.
14. CHANGES TO TERMS AND CONDITIONS
Agent acknowledges the above Terms and Conditions may change from time to time and Agent herby agrees such future changes
will be binding upon Agent.
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