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Affiliates Policy and Program Agreement

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Introduction

This Affiliates Policy and Program Agreement (“Agreement”) is intended to outline the terms and conditions for participation in the mintLX Affiliate Program (“Affiliate Program”) and is a legally binding contract with you or the company you represent. By signing up, you agree to be bound by this Agreement in the event of your appointment by mintLX. If you do not agree to be bound by the terms of this Agreement, do not proceed with the electronic sign up process.


Definitions

  • “Designated mintLX Services” means: the mintLX Stratus Service, or the RE-Spyre CRM, or any of the optional addon services available from time to time for either.
  • “mintLX Affiliate Portal” means the online hosted application for tracking and managing the Referral Fees earned by you through this Affiliate Program.
  • “Affiliate Link” means the unique tracking link provided to you for tracking your referrals. You can embed your Affiliate Link in emails or on your website so Prospective Subscribers can directly sign-up for Designated mintLX Services; such persons are automatically registered as a Prospective Subscriber in your account.
  • “Affiliate Coupon” means the unique tracking code (coupon) provided to you for tracking your referrals. You can distribute your unique coupon for Prospective Subscribers to use if they register or purchase Designated mintLX Services directly on the mintLX website; such persons are automatically registered as a Prospective Subscriber in your account.
  • ”Prospective Subscriber” means a person or office that you have referred to mintLX for the purpose of purchasing one or more of our Designated mintLX Services.
  • ”Registration Date” means the date that a Prospective Subscriber entered all of the required information on a mintLX Registration Form and submitted it to mintLX.
  • ”Qualified Purchase” with respect to each Subscriber means, the first/initial purchase of a paid subscription plan for one or more Designated mintLX Services, where:
    • the Subscriber used your Affiliate Link or Coupon when making their first/initial purchase of a paid subscription plan for one or more Designated mintLX Services; and
    • the Subscriber’s Registration Date with mintLX was less than thirty (30) days from the date the Subscriber first clicked on your Affiliate Link or presented your Affiliate Coupon to mintLX; and
    • the Subscriber’s purchase was made within ninety (90) days from their Registration Date; and
    • the Subscriber is not already an existing (paid) Subscriber of mintLX.
  • ”Subscriber” means a person or office that has purchased a paid subscription for one or more Designated mintLX Services, and whose account for said services is currently active, and not suspended, canceled, or terminated.

Appointment as an Affiliate

Your appointment as an “Affiliate” for one or more mintLX services that are designated herein (“Designated mintLX Services”) will be subject to review of the information provided by you during sign up, and your submission of all required government documents concerning your authorization to work and similar matters, and will be at mintLX’s sole and absolute discretion.


Affiliate Program Eligibility

Participation in the Affiliate Program is open to individuals and businesses, excluding:

  • mintLX Subscribers (they have a similar program for referrals under the Loyalty Rewards Program), and their employees and immediate family members;
  • mintLX Affiliate Partners (who offer discounts to our subscribers and website visitors when using their products or services), and their employees and immediate family members; and
  • mintLX employees and their immediate family members.

Compliance with This Agreement and Government Regulations

You agree to:
  • maintain a PayPal account in order to receive any Affiliate Payments under this Agreement, and you must provide the payment link for that account to mintLX;
  • disclose to mintLX all of the means of promotion you intend to use, including any domains for websites or other purposes, whether they link to the mintLX website or otherwise;
  • abide by all the terms and conditions set forth in this Agreement;
  • provide all reasonable cooperation, assistance and information as mintLX may reasonably request to enable it to comply with its obligations under any applicable law;
  • ensure that your business and the performance of your obligations under this Agreement are and will be in compliance with all applicable laws and regulations, including, but not limited, to laws, rules and regulations concerning: privacy and data security, affiliate marketing, FTC Guidelines concerning Affiliate Disclosure, copyright and intellectual property, DCMA, CAN-SPAM for emails, the Anti-Cybersquatting Consumer Protection Act, the Children's Online Privacy Protection Act (COPPA), and any other laws and regulations that concern your activities hereunder as an affiliate; and
  • make a clear and conspicuous disclosure that this Affiliate Program is a paid partnership where you receive compensation for promoting our products and services; that disclosure must be immediately adjacent to all of your promotional materials or to your affiliate link, including, but not limited, to your website or landing pages, printed materials, by tagging affiliate posts on social media with “#ad”, or in any other channels you use to promote mintLX;
    • A summary of FTC Guidelines concerning Affiliate Disclosure may be found here: FTC Guideline.
  • not participate in any other affiliate or partnership program offered by mintLX without the prior written permission of mintLX; and
  • not use your Affiliate Link to purchase any mintLX products/services for yourself or for your employees or immediate family members.

Intellectual Property Rights

  • ”Intellectual Property” includes copyrights, patents, trademarks, and trade secrets.
  • ”mintLX-Related Companies” are mintLX Inc., Stratus Data Systems Inc., and DynamicEdge Technology, LLC.
  • No Infringement of Intellectual Property Rights. You agree to respect and not infringe on the intellectual property rights of any mintLX-Related Companies, or of any third parties, when creating your own content or marketing materials, or when you otherwise promote mintLX products and services.
  • No Registration of Infringing Internet Domains. You agree to not register or use any internet domain names that include, are derivative, confusingly similar, or are typographical errors, of any of the names, trademarks, or products/services, of any mintLX-Related Companies.
  • No Registration of Infringing Trademarks. You agree to not register any trademarks that include, are derivative, confusingly similar, or are typographical errors, of any of the names, trademarks, or products/services, of any mintLX-Related Companies.

YOU AGREE TO USE ONLY MARKETING MATERIALS AND INTELLECTUAL PROPERTY THAT YOU CREATE, AND LEGALLY-AUTHORIZED CONTENT (ONLY IMAGES, LOGOS, AND CONTENT PROVIDED OR AUTHORIZED BY mintLX OR THIRD PARTIES). YOU AGREE TO INDEMNIFY, DEFEND AND HOLD mintLX HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, OR LOSSES, INCLUDING, BUT NOT LIMITED, TO ATTORNEY’S FEES, ARISING OUT OF OR RELATING TO YOUR CREATION OR USE OF CONTENT OR MARKETING MATERIALS THAT INFRINGE, OR MAY INFRINGE, ON ANY THIRD-PARTY’S INTELLECTUAL PROPERTY RIGHTS. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.


Affiliate Conduct, Required Behavioral and Marketing Standards

You agree to conduct yourself in a responsible, professional, and appropriate manner while dealing with prospective customers. You also agree not to make any representation or warranty with respect to the Designated mintLX Services to the prospective customers other than those representations and warranties contained in mintLX marketing materials, and our website Terms of Use.

These standards let you know what activities and behaviors are acceptable when promoting mintLX products and services, and what will not be tolerated. They help mintLX to maintain a positive brand image and authority, reduce the risk of liability to you and mintLX, and prevent the negative repercussions of common undesirable affiliate activities, which would require mintLX to terminate this Agreement.


What is Allowed?
  • Phone conversations with NYS licensed real estate professionals who are personally known to you.
  • Email sent to one specific NYS licensed real estate professionals at a time, who is personally known to you.
  • Social Media posts that include your Affiliate Link.
  • Your own content (articles, ebook, blogs, community board postings) which may include your Affiliate Link.
All of the above must of course include a clear and conspicuous Affiliate Disclosure in accordance with FTC Guidelines, and as outlined herein.

What is NOT Allowed?
  • NO sub-affiliates.
  • NO Commercial Email Campaigns. Personal emails sent directly to people you already know are allowed, and personal emails sent as a followup to specific people are allowed, but commerical email campaigns to lists are not allowed due to the risk of CAN-SPAM violations.
  • NO PPC campaigns.
  • NO PPC bidding on our brand name, product/service names, or trademarks.
  • NO reproducing all or part of any of our own marketing materials, promotional videos, or other content for your own promotions purposes. You may include links directly to our mintLX website or to specific mintLX webpages. You must otherwise generate your own content to promote mintLX and its products/services.
  • NO marketing or link-embedding on local search directories, such as Yahoo Local Search, Yelp, Google Maps, and Google Business Profile.
  • NO spamming third party blogs or social media with your affiliate links.
  • NO cookie stuffing – the practice of embedding affiliate cookies into webpages without a visitor's knowledge.
  • NO anti-marketing campaigns – negative advertisements that exploit and damage our brand, or characterize our brand or products/services as a ripoff or a scam.
  • NO Marketing to anyone who is clearly NOT or NOT LIKELY a New York State licensed real estate professional.
  • NO marketing, directly or indirectly, to children by phone or in-person.

Affiliate Link and Referral Fees

Upon appointment, a mintLX Affiliant Account will be created for you, and you will receive your unique Affiliate Link and Coupons which you can use to promote and share in order to establish your connection to Prospective Subscribers who register and pay for qualifying subscriptions to Designated mintLX Services.

You will be eligible to receive a “Referral Fee” for any of the following paid subscriptions made by one of your Prospective Subscribers which they purchase within (30) days from the date of their initial Qualified Purchase:

  • 3% of any annual subscription to a Designated mintLX Service;
  • 3% of up to three (3) consecutive months of any monthly subscription to a Designated mintLX Service;
  • 5% of any annual subscription to a Designated mintLX Service for an entire Brokerage Office consisting of 2 or more subscribers, who all simultaneously subscribe to that same service;
  • 5% of up to three (3) consecutive months of any monthly subscription to a Designated mintLX Service for an entire Brokerage Office consisting of 2 or more subscribers, who all simultaneously subscribe to that same service;

Subscriptions/purchases made by your Prospective Subscriber on or after thirty (30) days from the date of their initial Qualified Purchase are not eligible for Referral Fees.


Payment of Referral Fees

  • The Referral Fee will be paid to you based on the subscription plan chosen by the Subscriber (annual, or 3 consecutive months);
  • If the Qualified Purchase is a monthly subscription plan, you will be eligible to receive a Referral Fee after 3 months of paid monthly subscription for the Service from the date of the Qualified Purchase;
  • If the Subscriber terminates his monthly subscription before the expiration of 3 months from the initial purchase date, your Referral Fee will only accrue for the paid months until the date the Subscriber canceled the subscription;
  • If the Qualified Purchase is an annual subscription plan, you will be eligible to receive a Referral Fee for the whole year;
  • All Referral Fees will accrue only upon completion of ninety (90) days from the date of the Initial Qualified Purchase;
  • You will not be entitled to a Referral Fee if the Subscriber cancels an annual subscription and claims a refund of the annual subscription fee before the completion of ninety (90) days from the date of the Initial Qualified Purchase;
  • Referral Fees earned by you will be paid out only if the unpaid Referral Fee balance reflected in your account accrues to $100 or more. If the unpaid Referral Fee reflected in your account equals or exceeds $100, you can request a payout;
  • Payment will be made through PayPal, wire transfer or any other method chosen by mintLX in its sole discretion; and
  • You will be responsible for the payment of all taxes, duties, and charges levied on the Referral Fee, and you shall indemnify, defend and hold mintLX harmless from and against any claims arising out or relating to non-payment of the applicable taxes, duties, and charges.

Term and Termination

  • This Agreement will commence as of the date you receive an email from mintLX confirming your Appointment as an “Affiliate”, and shall continue until it is terminated by either party in accordance with the provisions of this Agreement.
  • Termination without cause: either party may terminate this Agreement at any time, for any reason, by giving thirty (30) days’ notice through email at affiliates@mintLX.com.
  • Termination for cause: your failure to comply with any of the terms of this Agreement may result in a warning or immediate termination of this Agreement by mintLX.
  • Termination for discontinuation of the Affiliate Program: mintLX reserves the right to discontinue the Affiliate Program. In the event mintLX decides to discontinue the Affiliate Program, you will be provided with thirty (30) days’ notice through email.

Effect of Termination

  • In the event of termination of this Agreement without cause by you or for cause by mintLX, mintLX will pay you any outstanding Referral Fee accrued as of the date of such termination.
  • In the event of termination of this Agreement without cause by mintLX or discontinuation of the Affiliate Program, you will continue to receive Referral Fee for all Qualified Purchases (as stated in ‘Payment of referral fee’clause) in respect of all customers who have converted to a paid subscription plan before the end of the thirty day notice period.
  • Except as specifically stated above, termination of the Agreement will end all rights and responsibilities of both parties set out in this Agreement, any email communication or any web page relating to the Affiliate Program. You must immediately remove all references to mintLX from your website, including any mintLX sign-up link embedded in your website.

DISCLAIMERS

THE AFFILIATE PROGRAM AND THE DESIGNATED mintLX SERVICES ARE PROVIDED "AS IS". mintLX DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE AFFILIATE PROGRAM OR THE DESIGNATED mintLX SERVICES. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, mintLX DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE AFFILIATE PROGRAM AND THE DESIGNATED mintLX SERVICES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. mintLX WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH TERMINATION OF THIS AGREEMENT OR YOUR PARTICIPATION IN THE AFFILIATE PROGRAM.


LIMITATION OF LIABILITY

mintLX WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION ARISING OUT OF THIS AGREEMENT EVEN IF mintLX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. mintLX’S ENTIRE LIABILITY WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM SHALL NOT EXCEED THE REFERRAL FEE PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.


Cookies

When a Prospective Subscriber clicks on your Affiliate Link, a cookie may be set for the purpose of tracking whether the Prospective Subscriber signs up for a Designated mintLX Service. If the association created by a cookie, as specified above, is broken for any reason beyond the control of mintLX and subsequently a Prospective Subscriber makes a Qualified Purchase, the Affiliate will not be entitled to receive any Referral Fee for same. Cookies set and used as part of this Affiliate Program have a 90 day validity.


Changes to the Terms of this Agreement

You understand that mintLX may modify the terms of this Agreement from time to time. However, you will be provided notice of such changes through an announcement or by email to the email with which you registered as an Affiliate. Upon being informed of such changes, you may either: terminate this Agreement within fifteen (15) days and cease participating in the Affiliate Program, or accept the changes and continue to participate in the Affiliate Program. Your continued participation in the Affiliate Program after fifteen (15) days from the date of notice of any such changes shall constitute your consent to such changes.


Non-Exclusive Relationship

The relationship between you and mintLX created by this Agreement is non-exclusive. This Agreement shall not be construed as creating a partnership, joint venture, agency or any other relationship. You are not authorized to enter into any contract or to assume any obligation on behalf of mintLX or any of the mintLX-Related Companies. Neither is mintLX or any of the mintLX-Related Companies authorized to enter into any contract or to assume any obligation on your behalf.


U.S. Embargoed Countries

Various U.S. agencies have restrictions in place that regulate or ban all trade with certain countries. mintLX doesn't allow the sale of subscriptions of Designated mintLX Services to these countries. mintLX does not allow any organization, business or individual to have or register mintLX accounts, or to become an Affiliate, while based in these countries: Cuba, Iran, North Korea, Syria, or Sudan.

We make every effort to ensure that the list of countries mentioned above is accurate. If you have any questions, kindly contact us at affiliates@mintLX.com.


Miscellaneous

This Agreement is not assignable, and it shall be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of laws principles, and you agree to submit to the personal jurisdiction of the courts in New York State, County of Nassau, if applicable.

This Agreement contains the entire understanding of the parties and supersedes all of their prior dealings, representations and agreements, both written and oral. All amendments hereto, and waivers of any rights hereunder, shall be written and signed by both parties. mintLX’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of mintLX’s right to enforce such provision or any other provision of this Agreement subsequently.

If any term or provision of this Agreement, or its application, is held to be invalid, illegal, or unenforceable, then the remainder of this Agreement shall be valid and enforceable to the fullest extent allowed by law or equity.

Headings and capitalizations are for convenience only and shall not be used for interpretation. Words connoting number or gender shall be read as referring to whatever the sense of this Agreement requires.

The parties fully discussed, mutually negotiated, and drafted this Agreement, and no rule of strict construction will be used against either party.



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