Affiliate Partner Terms of Service

Terms & Conditions

Affiliate Program Operating Agreement: This Affiliate Program Operating Agreement (the “Agreement”) is made and entered into by and between Call Tracking Metrics (“call tracking metrics” or “we”), and you, (“you” or “Affiliate”) the party submitting an application to become a CallTrackingMetrics Affiliate. The terms and conditions contained in this Agreement apply to your participation with The terms and conditions contained in this Agreement apply to your participation with the CallTrackingMetrics Affiliate Program (“Affiliate Program”). By submitting an application, you agree to all the terms and conditions of this Agreement.

Enrollment in the Affiliate Program

You must submit an Affiliate Program application here: https://calltrackingmetrics.channeltivity.com/BecomeAPartner. You must accurately complete the application to become an Affiliate (and provide us with future updates) and not use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you of your acceptance or rejection to the Affiliate Program, generally within two (2) business days. We may accept or reject your application at our sole discretion for any reason.

We require a W-9 from each Affiliate prior to approving your application. Please send it to partnership@calltrackingmetrics.com or upload it to your account at https://calltrackingmetrics.channeltivity.com/Login. Your application will not be approved without a W-9. Once we have approved your application, your link will become active within 24 hours.

CallTrackingMetrics will reward Affiliates a commission for each new sign up generated via the Affiliate’s unique link once the sign up has crossed 90 days of being active and if the account is in good standing (positive available balance, monthly subscription fees paid etc).

Commissions are paid out one month in arrears so commissions earned in Month 1 will be paid by the end of Month 2. Sign ups do not show up in real time, however, a reporting dashboard will be made available to keep track of sign ups generated on a monthly basis.

We process commission payouts at the end of the month via paypal. Please be sure and keep your paypal email address updated. You can send updated information to: Partnership@calltrackingmetrics.com

Affiliates with less than 25 active referral accounts (i.e not cancelled, in good standing) in a given month will earn a one time commission equal to $39 for each new performance plan sign up, $99 for each new Growth plan sign up, and $299 for each new Connect plan sign up that crossed the 90 day active mark for the first time that month.

Affiliate Partners with 25 or more active referral accounts in a given month will receive a one time commission equal to $59 for each new Performance plan sign up, $149 for each new Growth plan sign up, and $449 for each new Connect plan sign up that crossed the 90 day active mark for the first time that month.

Questions about commission billing can be directed to: partnership@calltrackingmetrics.com

New Sub accounts created under an agency do not earn an affiliate commission nor will they count towards an Affiliate’s active account total. Each performance plan account counts as 1, each Growth or Connect account counts as 1. If an account is delinquent (with a negative balance) or cancelled during the reporting period, it does not count towards the Affiliates active account total. Existing CallTrackingMetrics accounts transferred to a new Performance Plan account or to a new Growth or Connect account will not earn an Affiliate Commission.

Affiliates cannot earn commission on their own account. The program is designed to reward other people that they refer to to CallTrackingMetrics. So, an Affiliate creating an account for themselves will not earn Affiliate credit.

Obligations of the Parties

Subject to our acceptance of you as an Affiliate and your continued compliance with the terms and conditions of this Agreement, CallTrackingMetrics agrees as follows:

  1. We will make available to you via the Affiliate Program graphic and textual links to the Program Web Site and/or other creative materials (collectively, the “Links”) which you may display on web sites owned or controlled by you, in emails sent by you and clearly identified as coming from you and in online advertisements (collectively, “Media”). The Links will serve to identify you as a member of our Affiliate Program and will establish a link from your Media to the Program Web Site.
  2. We will pay Affiliate for each Qualified Action (the “Commission”). A “Qualified Action” means an individual person who (i) accesses the Program Web Site via the Link, where the Link is the last link to the Program Web Site, (ii) is not 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, (iii) is not using pre-populated fields (iv) completes all of the information required for such action within the time period allowed by CallTrackingMetrics and (v) is not later determined by CallTrackingMetrics to be fraudulent, incomplete, unqualified or a duplicate.
  3. 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.
  4. Payment for Commissions is dependent upon Clients providing such funds to CallTrackingMetrics, and therefore, you agree that CallTrackingMetrics shall only be liable to you for Commissions to the extent that CallTrackingMetrics has received such funds from the Clients. You hereby release CallTrackingMetrics from any claim for Commissions if CallTrackingMetrics has not received such funds from the Clients.
  5. CallTrackingMetrics shall automatically generate an invoice on behalf of Affiliate for all Commissions earned under this Agreement and shall remit payment to Affiliate based upon that invoice. All tracking of Links and determinations of Qualified Actions and Commissions shall be made by CallTrackingMetrics in its sole discretion. In the event that Affiliate disputes in good faith any portion of an invoice, Affiliate must submit that dispute to CallTrackingMetrics in writing and in sufficient detail within thirty (30) days of the date on the invoice. If Affiliate does not dispute the invoice as set forth herein, then Affiliate agrees that it irrevocably waives any claims based upon that invoice. If Affiliate has an outstanding balance due to CallTrackingMetrics under this Agreement or any other agreement between the Affiliate and CallTrackingMetrics, whether or not related to the Affiliate Program, Affiliate agrees that CallTrackingMetrics may offset any such amounts due to CallTrackingMetrics from amounts payable to Affiliate under this Agreement.

Affiliate also agrees to:

  1. Have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.
  2. Ensure that all materials posted on your Media or otherwise used in connection with the Affiliate Program (i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights of any third party and (iii) do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities (such as gambling), contains profanity or otherwise contains materials that CallTrackingMetrics informs you that it considers objectionable (collectively, “Objectionable Content”).
  3. Not make any representations, warranties or other statements concerning CallTrackingMetrics or Client or any of their respective products or services, except as expressly authorized herein.
  4. Make sure that your Media does not copy or resemble the look and feel of the CallTrackingMetrics Web Site or create the impression that your Media is endorsed by CallTrackingMetrics or Clients, without prior written permission from us.
  5. Comply with all (i) obligations, requirements and restrictions under this Agreement and (ii) laws, rules and regulations as they relate to your business, your Media or your use of the Links.
  6. Comply with the terms, conditions, guidelines and policies of any third party services used by Affiliate in connection with the Affiliate Program, including but not limited to, email providers, social networking services and ad networks.

Confidentiality

Except as otherwise provided in this Agreement or with the consent of CallTrackingMetrics, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Affiliate Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you. Affiliate shall not use any information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Affiliate Program, or assist another party to do the same.

Limited License & Intellectual Property

We grant you a nonexclusive, non transferable, revocable right to use the Links and to access our web site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of identifying your Media as a participant in the Affiliate Program and assisting in increasing sales through the Program Website.

You may not alter, modify, manipulate or create derivative works of the Links or any CallTrackingMetrics graphics, creative, copy or other materials owned by, or licensed to, CallTrackingMetrics in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the Affiliate Program. We may revoke your license anytime by giving you written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of CallTrackingMetrics’s trademarks, service marks, copyrights, patents or trade secrets. You agree that CallTrackingMetricsmay use any suggestion, comment or recommendation you choose to provide to CallTrackingMetricswithout compensation. All rights not expressly granted in this Agreement are reserved by CallTrackingMetrics

Termination

This Agreement shall commence on the date of our approval of your Affiliate Program application and shall continue thereafter until terminated as provided herein. You may terminate your participation in the Affiliate Program at any time by removing all Links from your Media, deleting all copies of the Links. Please contact Partnership@calltrackingmetrics.com to inform CallTrackingMetrics of the termination.

We may terminate your participation in the Affiliate Program at any time and for any reason which we deem appropriate with or without prior notice to you by disabling the Links or providing you with a written notice.

If the Affiliate link has not driven a conversion in a two year period, the Affiliate relationship will be terminated and your link will no longer work. To reinstate the relationship, the Affiliate will need to re-apply for the Program.

Upon termination of your participation in the Affiliate Program or this Agreement for any reason, you will immediately cease all use of and delete all Links, plus all CallTrackingMetrics or Client intellectual property, and will cease representing yourself as a CallTrackingMetrics or Client Affiliate. All rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination..

Remedies

In addition to any other rights and remedies available to us under this Agreement CallTrackingMetrics reserves the right to delete any actions submitted through your Links and withhold and freeze any unpaid Commissions or charge back paid Commissions to your account if (i) CallTrackingMetrics determines that you have violated this Agreement, (ii) CallTrackingMetrics receives any complaints about your participation in the Affiliate Program which CallTrackingMetrics reasonably believes to violate this Agreement or (iii) any Qualified Action is later determined to have not met the requirements set forth in this Agreement or on the Affiliate Program. Such withholding or freezing of Commissions, or charge backs for paid Commissions, shall be without regard as to whether or not such Commissions were earned as a result of such breach. In the event of a material breach of this Agreement, CallTrackingMetrics reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions.

Anti-Spam Policy

You must strictly comply with the federal CAN-SPAM Act of 2003 (the “Act”). All emails sent in connection with the Affiliate Program must include the appropriate party’s opt-out link. From time to time, we may request – prior to your sending emails containing linking or referencing the Affiliate Program that you submit the final version of your email to CallTrackingMetricsfor approval by sending it to your CallTrackingMetricsrepresentative and upon receiving written approval from CallTrackingMetrics of your email the email may be transmitted to third parties.

It is solely your obligation to ensure that the email complies with the Act. You agree not to rely upon CallTrackingMetrics approval of your email for compliance with the Act, or assert any claim that you are in compliance with the Act based upon CallTrackingMetrics approval.

Fraud

You are expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with referrals through the Links or the generation of Commissions or exceed your permitted access to the Affiliate Program. Such acts include, but are in no way limited to, using automated means to increase the number of clicks through the Links or completion of any required information, using spyware, using stealware, cookie-stuffing and other deceptive acts or click-fraud. CallTrackingMetrics shall make all determinations about fraudulent activity in its sole discretion.

Representations and Warranties

You hereby represent and warrant that this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms and that you have the authority to enter into this Agreement. Subject to the other terms and conditions of this Agreement, CallTrackingMetrics represents and warrants that it shall not knowingly violate any law, rule or regulation which is applicable to CallTrackingMetrics own business operations or CallTrackingMetrics proprietary products or services.

Modifications

In addition to any notice permitted to be given under this Agreement, we may modify any of the terms and conditions of this Agreement at any time by providing you with a notification by email. The changes will become effective ten (10) business days after such notice. If the modifications are unacceptable to you, you may terminate this Agreement without penalty solely on the account of such termination within such ten (10) business day period. Your continued participation in this Affiliate Program ten (10) business days after a change notice has been posted will constitute your acceptance of such change. In addition, CallTrackingMetrics may change, suspend or discontinue any aspect of an Offer or Link or remove, alter, or modify any tags, text, graphic or banner ad in connection with a Link. Affiliate agrees to promptly implement any request from CallTrackingMetrics to remove, alter or modify any Link, graphic or banner ad that is being used by Affiliate as part of the Affiliate Program.

Independent Investigation

You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Affiliate Program and each Offer and are not relying on any representation, guarantee or statement other than as set forth in this Agreement or on the Affiliate Program.

Mutual Indemnification

Affiliate hereby agrees to indemnify, defend and hold harmless CallTrackingMetrics and Clients and their respective subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs) based on (i) any failure or breach of this Agreement, including any representation, warranty, covenant, restriction or obligation made by Affiliate herein, (ii) any misuse by Affiliate, or by a party under the reasonable control of Affiliate or obtaining access through Affiliate, of the Links, CallTrackingMetrics or Client intellectual property, or (iii) any claim related to your Media, including but not limited to, the content contained on such Media (except for the Links).

CallTrackingMetrics hereby agrees to indemnify, defend and hold harmless Affiliate and its subsidiaries, affiliates, partners, and their respective directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs) based on a claim that CallTrackingMetrics is not authorized to provide you with the Links.

Disclaimers

THE AFFILIATE PROGRAM AND LINKS, AND THE PRODUCTS AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED TO AFFILIATE “AS IS”. EXCEPT AS EXPRESSLY SET FORTH HEREIN, CALLTRACKINGMETRICS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. CALLTRACKINGMETRICS DOES NOT WARRANT THAT THE AFFILIATE PROGRAM OR LINKS WILL MEET AFFILIATE’S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE AFFILIATE PROGRAM OR LINKS WILL BE COMPLETELY ERROR- FREE OR UNINTERRUPTED. CALLTRACKINGMETRICS EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A CLIENT OR THEIR PRODUCTS OR SERVICES. CALLTRACKINGMETRICS DOES NOT GUARANTEE THAT AFFILIATE WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.

Limitation of Liability

IN NO EVENT SHALL CALLTRACKINGMETRICS 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 CALLTRACKINGMETRICS. IN NO EVENT WILL CALLTRACKINGMETRICS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY / WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT CALLTRACKINGMETRICS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CALLTRACKINGMETRICS’S CUMULATIVE LIABILITY TO AFFILIATE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO AFFILIATE BY CALLTRACKINGMETRICS IN COMMISSIONS DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.

Governing Law & Miscellaneous

Affiliate shall be responsible for the payment of all attorneys fees and expenses incurred by CallTrackingMetrics to enforce the terms of this Agreement. This Agreement contains the entire agreement between CallTrackingMetrics and Affiliate with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Affiliate agrees that CallTrackingMetrics shall not be subject to or bound by any Affiliate insertion order or online terms and conditions that amend, conflict with or supplement this Agreement, regardless of whether CallTrackingMetrics “clicks through” or otherwise indicates its acceptance thereof. Affiliate may not assign all or any part of this Agreement without CallTrackingMetrics prior written consent. CallTrackingMetrics may assign this Agreement at any time with notice to Affiliate. This Agreement will be binding on and will insure to the benefit of the legal representatives, successors and valid assigns of the parties hereto. The provisions of Section 3, 4(b), 6, 7, 8, 12-15 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 a partnership, joint venture, association or employment relationship between the parties. No course of dealing nor any delay in exercising any rights hereunder shall operate as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.

By submitting an application to the Affiliate Program, you affirm and acknowledge that you have read this Agreement in its entirety and agree to be bound by all of its terms and conditions. If you do not wish to be bound by this Agreement, you should not submit an application to the Affiliate Program. If an individual is accessing this Agreement on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to this Agreement.

This Agreement was last revised on Nov 9, 2021.

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