Affiliate Terms of Service
Realty Candy Affiliate Program Agreement:
This Agreement represents the terms and conditions which apply to your participation in the affiliate Program of Realty Candy, Incorporated, an Utah corporation (Realty Candy). For purposes of this Agreement, “you” and “your” refer to the affiliate applicant and “we” and “our” refer to Realty Candy.
Execution of the Agreement:
By selecting the online acceptance of the terms and conditions of this Agreement, you represent that this Agreement has been validly executed and delivered and constitutes a valid binding obligation against you. You also acknowledge that you have read and understand the terms and conditions of this Agreement and agree to be bound by all its terms and conditions.
To start the enrollment process, you must submit a completed online affiliate application located here: https://www.staging.realtycandy.com/affiliates. We will review the application and determine, in our sole discretion, whether to accept or reject you as a affiliate Partner. We will notify you regarding your application in a timely manner.
The Realty Candy Broker affiliate Program is available to website affiliates, WordPress theme designers, and web designers, and other sales professionals. Approval as an Realty Candy affiliate Partner (affiliate) is not automatic and subject to approval by Realty Candy.
The Realty Candy affiliate Program is exclusively for use for Realty Candy websites, website installation, IDX integration and Custom website design services. You must be able to provide a complete W-9.
Upon acceptance as a affiliate, you will receive a welcome email containing pertinent information regarding your affiliate account. In this welcome email you will receive a unique URL to use when your clients place orders with Realty Candy.
This Agreement will not in any way create the relationship of principal and agent or employer and employee between Realty Candy and affiliate. In performing their respective duties under this Agreement, both affiliate and Realty Candy will be independent contractors. affiliate will assume and pay all costs incurred in connection with its solicitation of orders for Realty Candy’s services pursuant to this Agreement, including, but not limited to, salaries, commissions and expenses of any sales personnel hired by affiliate and all office and other overhead expenses. Affiliate will perform the duties required by this Agreement pursuant only to the authority granted and the restrictions imposed by this Agreement, and affiliate will have no authority to enter into contracts, assume or create any liability or make agreements of any nature whatsoever for, in the name of, or on behalf of Realty Candy. affiliate will at no time make any representations or hold itself out to the public as having such authority.
The term of this Agreement shall commence on the date we accept your application into the affiliate Program 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 written notice of termination. You will only receive payments on orders Realty Candy receives during the term of this Agreement. Notwithstanding any other provisions of this paragraph, this Agreement shall terminate automatically in the event of either party’s bankruptcy, insolvency or assignment for the benefit of creditors, and either party may terminate this Agreement effective immediately upon notice to the other party in the event of the conviction of, or commission by, the other party or any principal, officer, shareholder, member, manager, employee, agent or any partner of the other party of any crime which may adversely affect the goodwill or reputation of Realty Candy or affiliate. All accounts that have been inactive for 12 months will be terminated. Additionally, we may terminate this Agreement effective immediately if you use Realty Candy’s name, logo, or graphics or include a link to the Realty Candy’s website in any form of unsolicited communication such as spam.
Qualified Client Account:
A qualified account eligible for payback is defined as an account that has signed up through your custom development link provided to you during the affiliate partner setup process; has been in good standing at the end of the reporting period.
We will pay you referral fees on a weekly basis after the first fully completed week of service for each qualifying account, as described above. Approximately 7 days following the end of each calendar month, we will send you a PayPal payment along with an account participation report for the fees earned on services that were activated, billed and delivered for the previous fully completed month. Payments will only be made if you have one or more active and paid accounts for the service period. If payments are past due on an account that account will not count towards the referral fee during that period and will not be paid retroactively.
For example: If your referral signups up for a new service on January 14th or anytime in January, that payment will be paid the first week of March.
Payment Terms & Conditions:
In order to comply with United States tax laws and receive payments from Realty Candy for clients added to the network, you must provide your tax information to us. The Program is intended for commercial use only; you may not purchase services through the program for your own personal use. Such purchases may result (at our sole discretion) in the withholding of referral fees or the termination of this agreement. Realty Candy reserves the right to specify and to change which services are qualifying services for the purposes of this payback program. The current payback schedule may change from time to time, and without prior notice. For the most current payback schedule please refer to the payment breakdown section located online at www.staging.realtycandy.com/affiliates. The most recent terms and conditions for this and all other Realty Candy related services, can be viewed online at https://realtycandy.com/affiliate-terms-of-service/.
You will receive a 20% payback on all new accounts, customization services, themes, installed themes, etc.
Additionally, Realty Candy shall have the right to change its payback and fee structure at any time. Updates will be provided on the Realty Candy website.
Realty Candy will track all service orders placed by customers who use the special partner code included on the sign up form provided by Realty Candy. In order to receive credit for a new account, they must utilize this link to the specially coded signup page, no credit will be given to you on accounts that do not use this special link provided to you. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of the account setup, paperwork approval with the appropriate board or MLS and final billing of the client signing up for services. Additionally, we will handle the requirements necessary in order to process payments, cancellations, as well as provide you technical support training and customer service related to you assisting the end users with their integration. We will track the service level ordered by customers who purchase services using the specially coded link, and we’ll send you reports summarizing this sales activity when payment is made. The signup page, content and frequency of the reports may vary at our discretion. To permit accurate tracking, reporting and fee accrual, you must ensure that your clients utilize the correct link.
Realty Candy intends to provide a high quality service for affiliates participating in this program and its customers. Technical support will occur primarily through e-mail and knowledge base articles. Realty Candy staff will be available to you for urgent matters by phone during posted business hours. Realty Candy will provide technical support directly to the client listed for the affiliate account or other documented affiliate representative. In most cases, affiliate will NOT be responsible for direct technical support for their customers.
In soliciting orders for Realty Candy’s services under this Agreement, affiliate shall: Comply with all applicable laws and regulations; accurately transmit to Realty Candy the information provided by a customer with respect to any requested incorporation, formation or related service; not engage in any misleading, fraudulent or deceptive activity; not use the trademarks, trade names, service marks or logos of Realty Candy except as expressly authorized by Realty Candy; not bid on Realty Candy trademarks or domain names in any pay-per-click search engines. This includes variations, combinations and/or lower case variants of any of these terms with or without the “www” prefix or “.com” suffix. This list includes but is not limited to: Realty Candy, Inc., Realty Candy Broker.; not use links, which automatically redirect the user to the Realty Candy website in your search ads. You may not use any upper or lower case variations of staging.realtycandy.com for any display or destination URL listing in paid search campaigns or cloak or mask the Realty Candy URL in Search Engines; not create, publish, distribute, or permit any written material that makes reference to Realty Candy without first obtaining our written consent; and not use Realty Candy’s name, the Realty Candy’s logo, any Realty Candy’s graphics or include a link to the Realty Candy’s website in any form of unsolicited communication, such as but not limited to, unsolicited email (spam).
Nothing in this Agreement shall be construed to interfere with or otherwise affect the rendering of services by either Realty Candy or affiliate in accordance with its independent and professional judgment. Both parties shall perform services substantially in accordance with generally accepted practices and principles of the trade.
You agree to indemnify and hold harmless Realty Candy and its directors, officers, employees, agents and shareholders against any loss, liability, damage or expense that we may sustain by reason of any action or inaction by you in connection with your solicitation of orders for our services under this Agreement or the operation or contents of your website.
We reserve the right to modify the terms of this Agreement, in our sole discretion. At a minimum, we will communicate any modification to you by posting updates to the Affiliate Terms and Conditions document maintained on our website. Your continued participation as a affiliate after such modification will constitute your acceptance to the modified terms and conditions.
Disclaimer of Warranties and Limitation of Damages and Liability:
WE MAKE NO AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY SERVICES PROVIDED BY US UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Additionally, we make no representations that the operation of our website or services will be uninterrupted or error free and we will not be liable for the consequences of any interruptions or errors. In no event shall Realty Candy or any of our agents, employees, officers or directors be liable for consequential, incidental or special damages, including lost profits, even if we have knowledge of the potential loss or damage.
Governing Law and Jurisdiction:
This Agreement shall be governed by and construed in accordance with the internal laws of the State of Utah, United States of America. The parties agree that jurisdiction and venue for any matter arising out of or pertaining to this Agreement shall be proper only in Washington County, Utah.