Referral Partner Program
Application and Agreement



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     Tell us how you plan to position CostRatesAdvisor within you business?

      Yes, I Agree to the terms below.

 

 

 


 

 

 

 

 

 

This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Cost Rates Advisor Referral Program (the "Referral Program"). As used in this Agreement, "Profectus" means Profectus Inc. and "Partner" means the applicant, and "product" means Cost Rates Advisor products offered for sale from Profectus.

 

Partner Levels. The Partner Level, Referral Commissions, and Referral Discounts are based on a 2 tier structure. The partner's tier is determined by the Partner's total referred Customer Sales for 12 months. "Customer Sales" is defined as revenues collected by Profectus directly from customers for the use of products. Customer Sales does not include revenue prior to the Effective Date of this Agreement. The Partner Level, Referral Commissions, and Customer Discounts are set forth in the following table:

 

Sales Level Refereal
Commission
Customer
Discount
Up to $4,999 Tier 1 20% 10%
$5,000 or more Tier 2 25% 15%

 

Referral Commissions. Partners will earn monthly commissions on the amount paid by the partner’s referral customers "Customer Revenue" for new or recurring product subscriptions during the month. Referral commissions are determined based on the partner’s current "Partner Level" at time of payment. Commissions shall be paid to Partner in U.S. Dollars.

 

Referral Discounts. Partner's referred customers will receive a discount off the Retail Price of new order subscriptions at the time the order is placed. Referral discounts are determined based on the partner's current "Partner Level" at the time the order is placed.

 

Terms for Qualified Referrals. For an order to be eligible for a commission or discount, Partner shall establish a link ("Designated Link") to Cost Rates Advisor web site ("CostRatesAdvisor.com") at the URL designated by Profectus that enables Partner clients to click through to web site to place an order, or by entering a special Promotional Code on our online order form. The Designated Link or Promotional Code permit Profectus to accurately track referrals. Referrals shall not include customer accounts that have subscribed to Products prior to the Effective Date of this Agreement. Eligible referrals shall meet the following conditions:

 

A. The customer ordered using the provided special link from your site to our site or using the provided special Promotional Code on our order form

B. All payments for the purchase have been received

C. 30 days have passed from the date of purchase

D. The purchase has not been credited or returned

E. Customer was subscribed to Profectus Products prior to the Effective Date of this Agreement

 

Commission Payments. Profectus will pay Partner referral commissions on a monthly basis. Approximately 30 days following the end of each month, referral commissions will be paid by Profectus by means of electronic funds transfer (EFT) or check. However, if the commissions payable to Partner for any given month are less than $50.00, Profectus will retain those commissions until the total amount due is at least $50.00, or until this Agreement is terminated.

 

Order Processing. Profectus will process the orders placed by the Partner's referred customers. Profectus reserves the right to reject orders that do not comply with Profectus requirements or policies. Profectus will be responsible for all aspects of order processing including processing payments, cancellations, and customer service. Customers who buy products through this Referral Program will be deemed to be customers of Profectus. Accordingly, all of Profectus' policies and operating procedures concerning customer orders, customer service, and sales will apply to those customers.

 

Marketing. Partner agrees to cooperate with Profectus in the development of joint press releases and testimonials. Partner further agrees to allow Profectus to use Partner's company name in marketing collateral and make reference on Profectus' web site.

 

Spamming and Offensive Behavior. Partner may not engage in unsolicited e-mails (spamming), indiscriminate advertising or unsolicited commercial e-mail or cybersquatting. Partner may not operate a website or link to a website that contains or promotes any offensive, defamatory, obscene, abusive, violent, illegal or unlawful content or activity or that offers any illegal good or service. Without limiting any terms of this Agreement, Profectus reserves the right to terminate Partner’s account and withhold all referral commissions if it finds any kind of unsolicited email generated by Partner or on Partner's behalf containing any reference to any product created or sold by Profectus, the Websites, or any connection that leads the recipient of that mail to the Websites.

 

Term of the Agreements and Termination. The term of this Agreement will begin upon Profectus’ acceptance of Referral Partner application and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party at least 30 days written notice of termination. Partner is only eligible to earn referral commissions earned through the date of termination. Partner warrants that all identifying signs, logos, literature or other evidence linking Partner’s company web site and Profectus will be removed upon termination of this agreement.

 

Relationship of Parties. Partner and Profectus are independent organizations, and nothing in this Agreement will create any legal partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Partner will have no authority to make or accept any offers or representations on our behalf. Partner will not make any statement, whether on Partner site or otherwise, that reasonably would contradict anything in this Section.

 

Trademarks, Trade Names, Patents. Partner hereby recognizes Profectus' right of ownership of all Trademarks, Trade Names and Patents associated with Profectus products. Partner will act consistently with these rights and act to preserve them in the course of marketing and sales of the products. Profectus grant Partner the right to our Trademarks and Trade Names in connection with marketing and sales of the products.

 

Limitation of Liability. Each party disclaims all and any liability for any matters that relate in any way to the other party's web site. Profectus shall not be liable for any damages incurred by or arising as a result of reliance by Partner or a Partner client upon any information on or anything in relation to the operation of the Cost Rates Advisor web site or in relation to the Product Information or any information on the Partner Web Site concerning the Cost Rates Advisor web site. Each party's entire liability arising out of this Agreement shall be limited to and shall not exceed the referral commissions paid to Partner by Profectus and, in no event, will either party be liable for any consequential, indirect, special, or incidental damages such as damages for lost profits, business failure, or loss, arising in any way in relation to this Agreement whether or not the other party has been advised of the possibility of such damages.

 

Disclaimers. Profectus makes no express or implied warranties or representations with respect to the Referral Program or any products sold through the Referral Program (including, without limitation, warranties of fitness, merchantability, non-infringement or any implied warranties arising out of a course of performance, dealing or trade usage). In addition, Profectus makes no representation that the operation of Cost Rates Advisor web site and products will be uninterrupted or error free, and Profectus will not be liable for the consequences of any interruptions or errors.

 

Indemnification. Partner agrees to indemnify, defend and hold Profectus and its affiliates, and their respective directors, officers, employees, shareholders, partners and agents (collectively, the " Profectus Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including lawyers' fees on a solicitor and client basis) incurred by any Profectus Party in connection with any breach by you of this Agreement. Profectus reserves the right, at Partner's expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Partner, and in such case, Partner agrees to cooperate with Profectus defense of such claim.

 

Modification. Profectus reserves the right to change the price of the products offered and aspects of the Cost Rates Advisor web site, including the standard terms and conditions, at any time by consulting Partner and posting a change notice or a new agreement on the Cost Rates Advisor web site.

 

Miscellaneous. Partner may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Profectus’ failure to enforce Partner’s strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

 

Governing Statutes. This Agreement shall be governed by the laws of the State of Florida of the United States of America and any dispute shall be adjudicated in the courts of appropriate jurisdiction in The State of Florida in the country of United States of America.

 

Acknowledgement. By clicking the "I Accept" button displayed as part of the signup process, Partner acknowledges they have read this agreement, understand it, and agree to be bound by its terms and conditions. Partner further agrees that it is the complete and exclusive statement of the agreement between Partner and Profectus regarding the referral program. In the event Profectus accepts your application to the program, you agree that the following terms and conditions shall apply. The "Effective Date" of this agreement shall be the date of your acceptance.

 

Contact Information:

Profectus Inc.

Attn: Cost Rates Advisor Referral Program

4587 Sandpine Lane

Sarasota, Florida 34241

Phone: 941-379-8700

 

 

 

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