To become a Mover MAX Affiliate, you must agree to the
terms and conditions set forth below. Please read these terms
and conditions, then select the link at the bottom of this
page to proceed to the application.
Mover MAX Affiliate Program Terms & Conditions
This Agreement (the "Agreement") describes the
complete terms and conditions that apply to an individual's
or an entity's participation in the Mover MAX Affiliate
Program (the "Program") operated by MoverMAX, Inc.
When used throughout this Agreement, "we", "us"
and "Sponsor" refer to MoverMAX, Inc., and "you",
"yours" and "affiliate" refers to the
applicant. "Site" refers to a World Wide Web site
which, depending on the context used in this Agreement, may
refer to the Mover MAX site or a site operated by the
applicant.
1. How to enroll in the Mover MAX Affiliate Program
You apply to participate in the Program by completing our
online application linked to below. By completing and submitting
an application, you acknowledge and agree to all the terms
of this Agreement. We will evaluate your application and notify
you by email if you have or have not been accepted into the
Program. We reserve the right, at our sole discretion, to
exclude any site that we feel is inappropriate. Sites which
we consider inappropriate include, but are not limited to,
sites that contain or promote violence or sexually explicit
content or products, sites that promote illegal activities,
sites that discriminate on the basis of race, sex, age, nationality,
disability, sexual orientation or religion, and sites that
violate intellectual property rights.
2. Linking to Mover MAX
You will provide a link on your site to a specific web site
address (the "special link") which we will supply
to you upon your acceptance in the Program. This link must
conform to all the standards set forth in this Agreement.
This special link tracks all clicks and moving quote forms
(leads) sent from your web site. It is your responsibility
to properly insert this link into your site in order to insure
proper credit for all clicks and leads generated from your
site.
3. Second Tier Program
You are encouraged to refer other web sites to join and earn
income of those sites that you have referred. All Second Tier
Affiliates are bound by this agreement and must abide by the
provisions of this agreement. Second Tier Affiliates and their
conduct under the Program are the sole responsibility of the
Affiliate and are never to be the liability of the Sponsor.
4. Clicks and Leads Processing
We will process and track all clicks and moving quote forms
from customers who follow the special link from your site
to the Mover MAX site. We reserve the right to reject
all clicks and leads that do not comply with any requirements
that we may establish periodically. We will be responsible
for all aspects of clicks and leads and their processing or
tracking including, but not limited to, processing all online
moving quote forms, tracking all clicks and leads and their
origination as well as all customer service related issues
deriving from the Program. We will track all clicks and leads
made by customers who arrive at our site using the special
link from your site to our site. To ensure that you receive
appropriate credit for all clicks and leads that originated
from your site, it is your responsibility to correctly implement
the special link between your site and our site. We are not
responsible for errors made on your part in using the special
link.
5. Commision Fees
We will pay you a commsion fee for all leads or clicks which
meet all of the following criteria:
The customer must follow a special link from your site to
the Mover MAX site.
The customer must properly and completely fill out and submit
our online moving quote form.
The customer must provide proper contact information and accept
price proposals from any moving companies referred by Sponsor.
Referral fees are considered earned on the date on which the
click or lead is processed by us.
You will not be paid a referral fee on any click or lead
which does not originate from your site or the site of your
second tier affiliates. No one will be paid for any incomplete
moving quote forms.
6. Commision Fee Rate Schedule
Pay per click
Sponsor will pay you USD 0.03 if your visitor clicks the banner
or text link from your web site. Sponsor will pay you USD
0.01and USD 0.02 to your Tier 2 Affiliate if a visitor clicks
the banner or text link from your Tier 2 affiliates web site.
Pay per lead
Sponsor will pay you USD 2.00 for all completed moving quote
forms (leads) that are referred via your site. Sponsor will
pay you USD 0.50 to you and USD 1.50 for all completed form
referred via your Second Tier Affiliates.
7. Payment of Commision Fees
We will pay you commision fees on a monthly basis. Within
twenty (20) days following the end of each calendar month,
we will mail you a check for the referral fees you earned
during that month, less any taxes that we are required by
law to withhold. However, if the referral fees payable to
you for any calendar month are less than $50.00, we will withhold
those fees until the total amount due to you is at least $50.00.
If this Agreement is terminated, we will send you payment
for all referral fees you earned, regardless of the amount.
Absent manifest error, the number or amount of clicks and
leads that are calculated by us in good faith shall be final
and binding on you.
8. Program Policies
Those customers who buy arrive at our site through the Program
will be deemed to be customers of Mover MAX. Therefore,
all rules, policies, and operating procedures concerning customers
are defined exclusively by us. We reserve the right to change
our policies and general operating procedures at any time.
9. Link Format Requirements
You are required to select and use one of the approved Mover MAX
graphical icons we provide. When users click on these graphical
icons, you must use the special link we supply you with to
forward the customer to our site. You may also choose to link
to the Mover MAX web site by using an approved text link,
and you must use the special link we supply you with to forward
the customer to our store.
10. MoverMAX, Inc. Assets
All rights to the Mover MAX site, including but not limited
to all trade names, trade marks, other intellectual property
rights, and all of the images, product photographs and descriptions
contained in the Mover MAX site, are the exclusive property
of MoverMAX, Inc. We grant you a non-exclusive, non-assignable,
revocable license to use the graphical icons described in
Section 9 of this Agreement solely for the purpose of identifying
your site as a Program participant and to assist you in generating
commisions. You may not modify the graphical icon or any of
our images in any way without our prior express written consent.
We reserve the right to revoke this limited license at any
time by giving you written or email notice.
11. Responsibility for Your Site
You will be solely responsible for the development, operation,
and maintenance of your site and for all materials that appear
on your site. For example, you will be solely responsible
for:
The technical operation of your site and all related equipment
Creating and posting banners or text links on your site and
linking those items through the special link to our site.
The accuracy and appropriateness of materials posted on your
site (including, among other things, all service-related materials)
Ensuring that materials posted on your site do not violate
or infringe upon the rights of any third party (including,
for example, copyrights, trademarks, privacy or other personal,
proprietary or intellectual property rights)
Ensuring that materials posted on your site are not libelous
or otherwise illegal
We disclaim all liability for these matters. Further, by participating
in the Program, you expressly agree that you will indemnify
and hold us harmless from all claims, damages, and expenses
(including, without limitation, attorneys' fees) relating
to the development, operation, maintenance, and content of
your site.
You agree that you will not (a) take any action that could
reasonably cause any customer confusion as to our relationship
with you, or as to the site on which any functions or transactions
(e.g., search, order, browse, and so on) are occurring; and
(b) post or serve any advertisements or promotional content
around or in conjunction with the display of our site (e.g.,
through any "framing" technique or technology or
pop-up windows), or assist, authorize, or encourage any third
party to take any such action. If we determine, in our sole
discretion, that you have engaged in any of the foregoing
activities, we may (without limiting any other rights or remedies
available to us) withhold any referral fees otherwise payable
to you under this Agreement and/or terminate this Agreement.
12. Terms of this Agreement
The terms of this Agreement will begin upon our acceptance
of your Program application and will end when terminated by
either party. Either you or we may terminate this Agreement
at any time, with or without cause, by giving the other party
written or email notice of termination. You are only eligible
to earn referral fees on sales of qualifying products occurring
during the term of this Agreement, and fees earned through
the date of termination will remain payable only if the related
orders are not canceled or returned. We may withhold your
final payment for a reasonable time to ensure that the correct
amount is paid. Upon the termination of this Agreement for
any reason, you will immediately cease use of, and remove
from your site, all links to our site, and all Mover MAX
trademarks, trade dress, and logos, and all other materials
provided by or on behalf of us to you pursuant hereto or in
connection with the Program. This Agreement shall automatically
terminate upon filing of any petition under the Bankruptcy
Code by or against you, upon any assignment for the benefit
of your creditors, or upon your dissolution if you are other
than an individual.
13. Modification
We may modify any of the terms and conditions contained in
this Agreement at any time and in our sole discretion, by
posting a change notice or a new agreement on our site. Modifications
may include, for example, changes in the scope of available
commision fees, fee schedules, payment procedures, and Program
rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY
RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION
IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR
NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE
OF THE CHANGE.
14. Relationship of the Parties
You and we are independent contractors, and nothing in this
Agreement will create any partnership, joint venture, agency,
franchise, sales representative or employment relationship
between the parties. You will have no authority to make or
accept any offers or representations on our behalf. You will
not make any statement, whether on your site or otherwise,
that reasonably would contradict anything in this Section.
15. Public Statements
You agree that we may identify you or Your Site as an Affiliate
of the Program as long as you participate in the Program.
We may make this identification orally, in writing or electronically,
including without limitation, in press releases, public announcements
and promotional materials publicizing, advertising or promoting
the Program. You may not issue any press release or public
announcement, distribute any marketing or promotional materials
or otherwise make any public communications regarding this
Agreement or your participation in the Program without our
prior written consent or except as expressly permitted.
16. Limitation of Liability
We will not be liable for indirect, special, or consequential
damages (or any loss of revenue, profits or data) arising
in connection with this Agreement or the Program, even if
we have been advised of the possibility of such damages. Further,
our aggregate liability arising from this Agreement and the
Program shall not exceed the total referral fees paid or payable
to you under this Agreement.
17. Disclaimers
We make no express or implied warranties or representations
with respect to the Program or any products sold through the
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, we make no representation that the operation
of our site will be uninterrupted or error-free, and we will
not be liable for the consequences of any interruptions or
errors.
18. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE
TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY
AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS
ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT
OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR
WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY
OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY
REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH
IN THIS AGREEMENT.
19. Miscellaneous
This Agreement will be governed by the laws of the United
States and the State of Florida, without reference to rules
governing choice of laws. Any action relating to this Agreement
or the Program must be brought in the federal or state courts
located in Broward County, Florida, and you irrevocably consent
to the jurisdiction of and venue in such courts. You 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. Our failure to enforce your 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.
