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Profit Sharing Program Terms
If your interested in becoming a Pacy World affiliate, you must agree to the terms set forth below. There is no contract to sign, your participation in the Pacy World Profit Sharing Program constitutes the acceptance of the terms.
1 Parties to this Agreement
1.2 "Pacy World" is Pacy World D.B.A. The Daniel Morante Company, Inc. a Florida Corporation located at: 6920 Golden Gate Pkwy, Naples, FL, 34105
1.3 "You", "Your", "Yourself" refers to each and every affiliate or sub-affiliate of the Pacy World affiliate program. Participation in the program constitutes full and complete acceptance of the terms and conditions set forth herein.
2 Pacy World Responsibilities
2.1 E-Mail Account. Upon your acceptance, Pacy World will provide you with a pacyworld.com email account allowing your potential prospects and leads to “affiliate” yourself with Pacy World. You may use this account as many times as you like subject to the remaining terms of this agreement regarding acceptable use.
2.2 Tracking. Pacy World agrees to track the customers referred to Pacy World by you via phone or email. Pacy World will pay you a commission for each such referral made in compliance with this agreement pursuant to the commission schedule and the terms set forth in this affiliate agreement.
2.3 Marketing Material. Pacy World will also provide you with any available marketing materials in electronic form for which you (at your option) will be responsible to print and/or distribute in compliance with this agreement pursuant to the commission schedule and the terms set forth in this affiliate agreement. There is no third tier program or commission at this time.
3 Affiliate Responsibilities
3.1 Minimum Age. You agree that you are 18 years of age or older on the date that you first approve the terms hereof. You agree that you are in a jurisdiction where participation in the Pacy World affiliate program does not violate any law, ordinance, regulation or standard.
3.2 Email Account. You agree to take full responsibility for ensuring the proper usage of your pacyworld.om email account. You agree that you will notify Pacy World if your email account ceases to function or ceases to function properly.
3.3 Representations. You agree that you will not make any representations, promises, warranties or other statements about Pacy World or the Pacy World web site, products or policies other than as may be expressly approved in writing by Pacy World or as other wise provided to you by Pacy World for that purpose.
3.4 Email Account Usage. You may use the email account provided by Pacy World in any other form you wish provided that your use of the account is not in any way disparaging of Pacy World or otherwise not appropriate or acceptable in Pacy World's sole opinion and judgment. You may not violate any copyright, trademark or other intellectual property right of Pacy World or any other party. You may not violate the Pacy World General Affiliate Terms of Service, the Pacy World Terms of Service, the Pacy World Privacy Policy, or the Pacy World E-mail Policy.
3.5 Amendments. You agree that this agreement may be amended by Pacy World at any time with notice to you. You agree to keep advised of any changes to this agreement by checking the Pacy World web site on a periodic basis.
3.6 Customers of Pacy World. Pacy World will have the sole right and responsibility to service all customers secured through your referrals. All dealings with customers for website designs and related services shall be between the customer, yourself, and Pacy World. Pacy World shall have the right and obligation to determine all pricing and product offerings and shall have the right to make any changes thereto with notice to affiliate.
4 Commissions
4.1 Commission Rate. Commissions are paid on a one time basis for each new converted sale referred via yourself subject to the terms and conditions set forth herein. There will be no obligation to pay any other commission. The current commission rate for a total sale under $500 (tax and mark-up not included) is 10% of the complete cost. The current commission rate for a total sale above or equal to $500 (tax and mark-up not included) is 25% of the complete cost. Commissions are paid on new sales only and not on any subsequent renewal/purchase.
4.1.2 Price Mark-up. As a affiliate program member you are permitted to "mark-up" the price of any non-recurring Pacy World product or service referred by you. You will receive the difference in cost between your marked-up price and the Pacy World price for the product or service sold. Commission will calculated using the Pacy World price for the product or service sold at terms set forth in paragraph 4.1.
4.2 Qualified Commission. A “qualified commission” is one for which the new referral which is the subject of the commission has paid his/her balance in full. Pacy World shall make all decisions as to whether any commission is a “qualified commission”. Free (i.e. Promo, Education, Training, Sponsored, Donated, etc) accounts will not receive commissions of any kind.
4.3 Payment Date. Pacy World will pay to you all qualified commissions on or before the end of the month following the date upon which the commission becomes a qualified commission.
4.4 Timing of Calculation. Pacy World agrees to pay you the commission set forth in paragraph 4.1 herein in effect at the time such commission becomes a qualified commission. The commission amount or any other term of this agreement may be changed by Pacy World at any time with notice to you.
4.5 No Internal Sales. You understand and agree that you will not earn a commission on your own products/service purchased from Pacy World.
4.6 Payment Form. Commissions will be paid either via check sent to the address you provide or directly to your provided PayPal account. Any changes to this preference may be made via email to info@pacyworld.com. Pacy World is not responsible for any loss or damage sustained as the result of any dealings with or otherwise arising out of disputes with PayPal.
5 Ownership and Licenses
5.1 Property Ownership. Each party to this agreement shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.
5.2 License. Pacy World grants you as an affiliate a revocable, non-exclusive, worldwide License to use, reproduce and transmit the Pacy World logos, trademarks and service marks for the sole purpose of facilitating a sale for Pacy World products and/or services to accomplish the purpose and intent of this affiliate agreement. You may also use the marketing material prepared by Pacy World specifically for that purpose subject to the same terms and conditions. You may not otherwise use, copy, distribute, change, modify, or otherwise alter any such property. This License is neither assignable nor transferable.
5.3 Cease use upon demand. You agree to immediately cease the use of any mark upon request made by Pacy World to the email account provided for you by Pacy World. You agree to immediately cease the use of any resources provided to you by Pacy World and any resources created by you in relation to Pacy World's products and services upon request by Pacy World to the email account provided for you by Pacy World.
6 Termination
6.1 Effect upon Commission. Either party may terminate this agreement at any time upon notice in writing to the other party. Other than any termination under paragraph herein, any commission which has become a qualified commission as of the date of such termination will be paid post termination. Any commission which is not a qualified commission as of the date of notice of termination shall not thereafter become a qualified commission.
6.2 Breach of this agreement. The breach of this agreement, or any provision thereof, knowingly or otherwise, willful or otherwise, is grounds for immediate suspension or at the sole option of Pacy World's termination of this agreement in it's entirety.
6.3 Suspension. Suspension under this paragraph shall mean the withholding of all commission payments qualified or otherwise until such breach is cured. Suspension if not cured within a reasonable time as determined by Pacy World will become a termination under 6.2 as of the date of the initial suspension.
6.4 Survival. Upon termination of this agreement all rights and licenses granted by this agreement are immediately revoked. Paragraph 3.6, section 6 (Termination), Paragraphs 7.1 through 7.14 (inclusive) and 7.16 - 7.19 shall survive such termination and remain in full force and effect.
7 General
7.1 Authority. Each party represents to the other that it has full binding authority to enter into this agreement and in the case of any entity other than an individual that the parson assenting to the terms of this agreement has the full binding authority of the entity purportedly bound.
7.2 Non-Infringement. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Pacy World that you will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy.
7.3 Violation of Law. That you will not violate any applicable law, ordinance, regulation or standard.
7.4 Affiliate Terms of Service. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Pacy World that you agree to be bound by the Pacy World General Affiliate Terms of Service which are incorporated herein as though set forth at length herein.
7.5 Unsolicited Email. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Pacy World that you will not use or otherwise permit the use of unsolicited commercial email (a.k.a. SPAM) in relation to the Pacy World Affiliate program.
7.6 Defamation/Libel. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Pacy World that you will not transmit any information which is or might be considered to be defamatory or libelous.
7.7 Decency. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Pacy World that you will not transmit any information which is or might be considered to be lewd, pornographic or obscene;
7.8 Unfair Competition. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Pacy World that you will not violate any laws regarding unfair competition, anti-discrimination or false advertising, the Pacy World General Affiliate Terms of Service, the Pacy World Terms of Service, the Pacy World Privacy Policy, or the Pacy World E-mail Policy.
7.9 Promote Violence. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Pacy World that you will not take any action which might promote violence or contain hate speech.
7.10 Damage Pacy World. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Pacy World that you will not take any action that would in any way damage Pacy World or otherwise compromise it's servers or equipment including utilize or otherwise transmit at any time contain viruses, Trojan horses, worms, time bombs, cancel bot or other similar harmful or deleterious programming routines.
7.11 No Unsolicited Email. You agree not to utilize the Pacy World email account provided to you to send out unsolicited commercial email.
7.12 WARRANTY DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT ANY SERVICES OR MATERIALS PROVIDED BY PACY WORLD PURSUANT TO THIS AGREEMENT ARE PROVIDED AS IS, WITH ALL FAULTS AND AS AVAILABLE, AND THAT PACY WORLD MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS, ON ITS OWN BEHALF ON AND BEHALF OF ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS, ANY WARRANTIES AS TO THE USEFULNESS, ACCURACY, RELIABILITY OR EFFECTIVENESS OF ANY SERVICES OR MATERIALS PROVIDED HEREUNDER OR THAT THE SERVICES PROVIDED HEREUNDER WILL BE UNINTERRUPTED, ERROR FREE OR AVAILABLE THROUGH ANY PARTICULAR METHOD OF DISTRIBUTION, OR THAT ANY SERVICES OR MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT WILL WORK WITH EVERY INTERNET BROWSER, OR THAT DEFECTS HAVE BEEN OR WILL BE CORRECTED, OR THAT SUCH SERVICES OR MATERIALS WILL MEET THE NEEDS OF ANY PARTY. WITHOUT LIMITING THE FOREGOING, AND EXCEPT AS OTHERWISE PROVIDED HEREIN, PACY WORLD DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL PACY WORLD BE LIABLE TO YOU FOR ANY SERVICE FAILURE, DISRUPTION, DOWNTIME OR INCORRECT LINKAGE UNDER THIS AGREEMENT.
7.13 LIMITATION OF LIABILITY. IN NO INSTANCE SHALL PACY WORLD BE LIABLE TO YOU FOR LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER OR NOT PACY WORLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT COMMISSIONS AGREED UPON IN THIS AFFILIATE AGREEMENT ARE BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. Notwithstanding the foregoing, this section shall not limit either party liability to the other for (i) willful or malicious misconduct; (ii) gross negligence; (iii) indemnification under Section 7.12 or (iv) either party's liability for death or personal injury or their own acts of fraud.
7.14 Indemnification. You agree to indemnify, defend and hold harmless Pacy World and its affiliates, directors, officers, employees and agents, harmless of and from any and all liability, losses, damages, injuries or expenses (including attorney's fees and expert witness charges) arising out of any claimed or alleged action or inaction toward any third party whether such claimed or alleged action or inaction arises out of a claim of misuse of copy written materials, License violation, domain misuse, trademark misuse or any active or passive negligence.
7.15 Independent Contractors. Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect.
7.16 Choice of Laws /Venue. This Agreement has been made in and shall be construed and enforced in accordance with the laws of the state of Florida. Any action to enforce this Agreement shall be brought in the federal or state courts located in the County of Collier.
7.17 Severability. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
7.18 Integration. This agreement constitutes the entire understanding of the parties and revokes and super cedes any and all prior agreements and is intended to be a full and complete expression of the agreement between the parties. This agreement shall not be modified except in writing by the posting of a new agreement by Pacy World on the Pacy World web site.
7.19 Use constitutes Signature. Your agreement to the terms set forth herein is manifested by any participation in the Pacy World affiliate program including the submission of the affiliate application form and the collection of any commission under this agreement. This agreement may be modified, amended, altered or otherwise changed by Pacy World with notice to any other party other than changing the agreement itself made available by Pacy World to the affiliates on the Pacy World web site.
