Affiliate and Partnership Agreement
Last Updated on January 01, 2022
This Affiliate Partnership Program (the "Agreement") is made and entered into by and between e-Pro Group Pty Ltd ATF e-Pro Trust ("e-Pro Group Pty Ltd ATF e-Pro Trust" or "we/our" or “CompareQuotesFast.com”), and you, ("you" or "Partner" or “Affiliate”). By sharing your exclusive link via Online Channels or Offline Channels, you expressly agree to the term of this agreement.
The terms and conditions contained in this Agreement apply to your participation with e-Pro Group Pty Ltd ATF e-Pro Trust ( "Partnership Program") for the promotion of the domain CompareQuotesFast.com and the relevant pages within.
Recitals
(a)"Partner" shall be defined as any individual, agent or entity who has enrolled, and been approved in this partnership program. Partner will be automatically authorised to publish and promote our offer via links on social network sites like facebook, and/or offline advertising like flyers, newspaper, radio, television commercials and any other acceptable targeted offline advertising, collectively referred to as "Distribution Media". Partner is responsible for all costs associated with promoting our offer/s via the distribution media mentioned.
(b)These terms and conditions govern the Partner's promotion of ours offers via the Distribution Media.
You and we are independent parties and you agree that this Agreement shall not create any form of partnership or employer-employee relationship between us. If you are accepting this Agreement on behalf of another person or a company, you agree that you have authority to bind them.
Registration and Use
To be eligible to participate as an affiliate, you must "Click to Continue" using one of the Social Login buttons on our site.
Partner will automatically be issued with a unique tracking link/code so we can track how many valid quotes and policy sales that have been generated by you. This Agreement ("Contract") is established between e-Pro Group Pty Ltd ATF e-Pro Trust, and the person, agent or entity who wishes to act as a partner for e-Pro Group Pty Ltd ATF e-Pro Trust. Partner agrees to these terms and conditions ("Terms"), as a binding contract between the Partner and e-Pro Group Pty Ltd ATF e-Pro Trust.
We reserve the right to determine whether you are eligible or terminate your participation with us at any time, without notice. We reserve the right to terminate your account at any time without notice or reason, but specifically we may do so if you or your site violates any term of this Agreement or any applicable law. Termination of your account for breach or violation of law may include forfeiture of any compensation owed and disgorgement of any already paid.
Agreement Duration and Termination
This Agreement will begin upon our Automatic acceptance of your affiliate enrollment and will end when terminated by either party, but we may terminate this agreement at any time, without notice. Termination may occur at any time, with or without cause, by giving the other party written notice of the termination in accordance with this Agreement. Once the Agreement is terminated, you will immediately cease your participation with the site, remove any offers, content, links or creative that has been provided to you by us or our advertisers. Once terminated you will forfeit any rights to any compensation from the date of termination.
Modification
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion, regardless of the dissimilarity that may occur between the amended version of the Agreement and the original version. These modifications may include, but are not limited to, changes in the scope of available referral fees, fee schedules, payment procedures and rules relating to our affiliate program. If any of the modifications are unacceptable to you, you must immediately terminate this Agreement and notify us of such notification; you must not continue participating in the affiliate program.
Partner Commission Payment Details
Payment details are outlined under "How Our Program Works".
Obligations of the Parties
I. We will pay Partners for each Qualified Action. A "Qualified Action" means an individual person who is referred by you that is a United States Resident over 18 years of age, who depending on our affiliate program, simply clicks "Continue with Facebook" / "Continue with Google", or completes at least 1 free quote with valid information. This individual may access our site by any means, from your exclusive link that identifies that the prospect came from you.
II. A "Qualified Action" must not (i) be 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, (ii) be generated using pre-populated fields (iii) a lead generated by any incentive, including but not limited to payment, rebate or any other benefit/incentive to complete a qualified action (iv) be later determined by e-Pro Group Pty Ltd ATF e-Pro Trust to be fraudulent, incomplete, bogus, unqualified or a duplicate (v) be a lead generated by “SPAM”.
III. Partner agrees to not link to any website owned or controlled by e-Pro Group Pty Ltd ATF e-Pro Trust from any of the following: (1) pornographic or sexually-explicit content, (2) drug-related content, (3) child-oriented content, (4) hateful or libelous content, (5) content promoting racism, sexism, homophobia, or any other discriminatory or slanderous views of a group or individual, or (6) any content that infringes upon a trademark or copyright.
IV. Any violation of section I, II and IV above, would constitute a breach of this Contract by Partner. At e-Pro Group Pty Ltd ATF e-Pro Trust sole discretion as to the extent and materiality of this breach, e-Pro Group Pty Ltd ATF e-Pro Trust has the right to terminate this Contract immediately, and deactivate your registration along with your exclusive links immediately. Additionally, at e-Pro Group Pty Ltd ATF e-Pro Trust sole discretion, no Commissions may be paid to Partner by e-Pro Group Pty Ltd ATF e-Pro Trust if Partner is in breach of this section of the Contract.
V. We will pay partner for all qualified actions defined by I and II above. Payment is made when the minimum threshold has been made, in-line with our payment cycles outlined under "How Payment is Made" on the enrollment page. By default, we have 2 payment periods: 1st Payment period is 1st - 15th of the month. 2nd Payment period is 16th to end of the month.. We will pay commissions provided that your earnings for a month meets our payment threshold and other criteria outlined on our enrollment page. Accounts with a balance of less than our minimum payment threshold will be rolled to next pay period. We reserve the right to charge back to your account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action.
Partner Responsibilities
I. Partner is solely and entirely responsible for all fees, expenses and liability accrued by Partner for the purposes of driving or referring visitors to one of e-Pro Group Pty Ltd ATF e-Pro Trust's owned or controlled websites, including but not limited to marketing fees, web hosting fees, employee/contractor/team member wages or fees, and office expenses. Partner understand that he or she will take all liability for their actions and actions of those who the partner engages.
II. Partner understands that they are acting not as an employee of e-Pro Group Pty Ltd ATF e-Pro Trust but as a private contractor and as such, Partner accepts all responsibility to pay appropriate taxes to the IRS or relevant bodies or any other legal tax-collecting agency or agencies.
Website Restrictions
Your eligibility to participate depends on several things including how you promote the products or services. Compare Quotes Fast reserves the right, in its sole discretion and without explanation to you, to reject your participation in our Program based on site content. For example, Sites that do not qualify for our Affiliate Program include, but are not limited to, sites that:
You must not under any circumstances engage in fraudulent, unfair, or deceptive practices when participating in our Affiliate Partnership Program. This includes, but is not limited to, the practice commonly known as "cookie stuffing," offering non-existent incentives as a reward for purchasing items, or any other fraudulent, unfair, or deceptive practice. We reserve the right to determine, in our sole discretion, whether you or your site has utilized any fraudulent method or is engaging in deceptive tactics. We may suspend or terminate your account if we have any reason to believe that you are committing fraud or deceit and at any time, in our sole discretion. If your account is suspended or terminated for fraud you will forgo any rights to compensation both paid, and unpaid.
Data and Intellectual Property
Once you are approved, and so long as you remain eligible, you are granted a non-exclusive, revocable, limited non-transferable license to use materials that are provided to you by us or an advertiser for a particular offer. You do not have any intellectual property rights in any of those materials. Furthermore, any data that is collected or generated through your efforts, use, or participation are deemed to be confidential information of our company and become wholly owned by us.
This information is proprietary to us, and is considered a trade secret. You will remain responsible for its accuracy and safeguarding it, which includes not reproducing it or storing it in unsecure locations. You will not disclose any of this data to anyone outside of this Agreement and will notify us within two (2) hours if you believe the data or your site has been compromised. You will be liable to us for any claims, whether brought or threatened, that is connected to the use or misuse of our site or the data.
e-Pro Group Pty Ltd ATF e-Pro Trust has exclusive rights to all content, code, data, graphics, and other intellectual capital used in our websites as well as any other websites or materials owned by e-Pro Group Pty Ltd ATF e-Pro Trust. To use, copy, reproduce, distribute or exploit any content, code, data or materials on the Website otherwise, may be in violation of copyright and other laws of the United States, as well as applicable state laws for such unauthorized use. Our trade name are not to be used, copied or reproduced without written consent. Any third party's marks, logos etc., which may appear on the Site are the property of their respective owners and can not be used without their written consent.
Force Majeure
You agree not to hold us liable for any damages related to issues beyond our control, including but not limited to, acts of God, war, terrorism, insurrection, riots, criminal activity, natural disasters, disruption of communications or infrastructure, labor shortages or disruptions (including unlawful strikes), shortages of materials, and any other events which are not within our control
You agree to indemnify us for and defend against any actions by third parties related to your participation in our program.
Partner agrees to defend, indemnify and hold e-Pro Group Pty Ltd ATF e-Pro Trust and its directors, officers, employees, agents and partnerships harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your misuse of any e-Pro Group Pty Ltd ATF e-Pro Trust owned website, your placement or transmission of any message, content, information, software or other materials through the website, or your breach or violation of the any laws or regulations.
Partner accepts that they will indemnify and hold harmless e-Pro Group Pty Ltd ATF e-Pro Trust, and its clients and their respective subsidiaries, partnerships, partners and licensors, directors, officers, employees, owners and agents of any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and attorneys' expenses, arising from, but not limited to; indirect, incidental, consequential, personal injury / death, special or exemplary damages of Partner, and/or who Partner engages.
I. Comply with all (i) obligations, requirements and restrictions under this Agreement and (ii) laws, rules and regulations as they relate to your enrollment as an Affiliate/Partner.
II. Any legal action taken by an advertiser, agency, client, person, or entity against e-Pro Group Pty Ltd ATF e-Pro Trust for actions of you (the partner) that violate these terms and conditions, you accept that e-Pro Group Pty Ltd ATF e-Pro Trust will work with the advertiser, agency, client, person, or entity to divulge your personal information. You also agree that e-Pro Group Pty Ltd ATF e-Pro Trust is not liable for your actions, and you will bear all costs (legal or otherwise) that e-Pro Group Pty Ltd ATF e-Pro Trust incurs if e-Pro Group Pty Ltd ATF e-Pro Trust is sued by advertiser, client, agency, person, or entity.
Termination
We may terminate your participation at any time and for any reason which we deem appropriate by disabling your link. Upon termination of your participation for any reason, you will immediately cease all use of any distribution media you have in circulation. All rights to valid accrued payments, shall survive any termination.
Representations and Warranties
Modifications
Independent Investigation
Disclaimers
Limitation of Liability
In no event shall e-Pro Group Pty Ltd ATF e-Pro Trust be liable for any unavailability or inoperability of the links, program web sites, technical malfunction, computer error, corruption or loss of information, or other injury, damage or disruption of any kind beyond the reasonable control of e-Pro Group Pty Ltd ATF e-Pro Trust. In no event will e-Pro Group Pty Ltd ATF e-Pro Trust be liable for any indirect, incidental, consequential, personal injury / death, special or exemplary damages of any Affiliate Partner and/or their team members / sub-affiliate partners whom they engage. This includes but not limited to any claim, any loss of profits or loss of business opportunity, even if such damages are foreseeable and whether or not e-Pro Group Pty Ltd ATF e-Pro Trust has been advised of the possibility thereof. e-Pro Group Pty Ltd ATF e-Pro Trust cumulative liability to affiliate partner, from all causes of action and all theories of liability, will be limited to and will not exceed the amounts paid to Affiliate Partner, by e-Pro Group Pty Ltd ATF e-Pro Trust in commissions during the (1) month immediately prior to such claim.
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Queensland, Australia. Any costs of relating directly to the mediation will be shared equally by each of us. This excludes any travel or accommodation expenses.
I. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Queensland, Australia, under the rules of the Australian Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
II. The Contract and the relationship between e-Pro Group Pty Ltd ATF e-Pro Trust and Partner shall be governed by the laws of the State of Queensland without regard to any conflict of legal provisions. Partner agrees that any use of action that may arise under the Contract shall be commenced and be heard in the appropriate court in the State of Queensland and submit to the personal and exclusive jurisdiction of the courts located within the State of Queensland, Australia. e-Pro Group Pty Ltd ATF e-Pro Trust's failure to exercise or enforce any right or provision of the Contract shall not constitute a waiver of such right or provision. If any provision of the Contract is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to consider the parties' intentions as hereby reflected in the provision of the Contract, and other unaffected provisions to remain in full force and effect. Partner agrees that regardless of any statute or law to the contrary, any claim or cause of action by Partner arising out of or related to use of the Website or the Contract must be filed by Partner within one (1) year after such claim or cause of action arose or be barred forever.
Partner shall be responsible for the payment of all attorneys fees and expenses incurred by e-Pro Group Pty Ltd ATF e-Pro Trust to enforce the terms of this Agreement. This Agreement contains the entire agreement between e-Pro Group Pty Ltd ATF e-Pro Trust and Partner with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Partner agrees that e-Pro Group Pty Ltd ATF e-Pro Trust shall not be subject to or bound by any terms and conditions that amend, conflict with or supplement this Agreement.
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 all sections in this agreement and any accrued payment obligations shall survive the termination of this Agreement. Except as set forth in the "Modifications" section above, this Agreement may not be modified without the prior written consent of both parties.
If any provision of this Agreement is held to be void, invalid or inoperative, the remaining provisions of this Agreement shall continue in effect and 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 to this Agreement is an independent contractor in relation to the other party with respect to all matters arising under this Agreement. Nothing herein shall be deemed to establish employment relationship between the parties. Partner affirms and acknowledge that they have read this Agreement in its entirety and agree to be bound by all of its terms and conditions. You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.
I have read the terms of this agreement and I accept.
- Are X- rated and promote sexually explicit materials
- Promote violence and discord.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote illegal or questionable activities
- Violate intellectual property rights or other rights of third parties
- Sites that use spyware, malware, or adware
- Sites that collect personal information about visitors without their knowledge
- Sites that iframe any offer
- Sites that impersonate any person or give the impression that the Site is endorsed by any particular person
- Violate any law of any applicable jurisdiction
We reserve the sole right to determine whether your website is disqualified from our program due to the above restrictions.
Partner Also Agrees To:
Governing Law & Miscellaneous
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