Affiliate Agreement
This Affiliate Agreement (“Agreement”) is made on the date of joining the House of Landlords affiliate and referral program by HOL Agency Limited hereinafter referred to as (“Company”) or (“Contractor”) and by the referrer hereinafter referred to as (“Affiliate”).
WHEREAS, the Affiliate hereby wish to engage in the Company’s Affiliate online program and Affiliate wishes to provide certain services to the Company as provided in this Agreement.
IN CONSIDERATION THEREOF, all parties herein hereby agree to the terms and conditions set forth below.
- Affiliate Services. Affiliate Services are described as follows; Providing genuine, qualified leads to the Company to process in return for a recurring commission payment of gross earnings from new clients.
- Performance of Work. Agent shall be solely liable for the performance of the requested services. The Company reserves the right to monitor the Affiliate’s performance so as to verify that the Agent is performing its obligations in accordance with the terms and conditions herein. The company may ask, from time-to-time, Affiliate to provide records and documentation regarding Affiliate’s performance including feedback, surveys and other data to use for analytic, calculations and improvements to the service and Affiliate program. With the purpose of optimizing the Affiliate and Company work together over time.
3. Commissions. Affiliate’s commission will be based on a certain percentage per transaction from the referred lead. Affiliate’s commission rate is 10% of the gross earnings upon completion, for the full duration of business occurring between the Company and referred customer or until the partnership is terminated voluntarily by the Affiliate or by breach, HOL Agency Limited reserves the right to terminate the agreement within reason, and fairly as to not exploit and leverage from any Affiliates’ rights to commission in this agreement.
Payment to an Affiliate will be due once payment has been processed and completed by the successful referral of a new client once at the end of any trial period when the first payment becomes non-refundable (“Upon Completion”).
- Company reserves the right to amend this agreement as needed from time to time and Affiliate agrees that all such amendments will apply to Affiliate.
IN WITNESS WHEREOF, the parties have executed this Affiliate Agreement effective on the day of signup via our website or signing the document directly and returning to House of Landlords:
HOL Agency Limited
The “Company”
-And-
The “Affiliate “
BACKGROUND:
- The Contractor is of the opinion that the affiliate has the necessary qualifications, experience, and abilities to provide services to the Contractor and to all leads.
- The Affiliate is agreeable to providing such services to the Client on the terms and conditions set out in this agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Affiliate and the Company (individually the “Party” and collectively the “Parties” to this Agreement) agrees as follows:
Services Provided
The Contractor hereby agrees to engage the Affiliate to provide the Contractor with (the “Services”) consisting of:
- Provide appropriate and genuine landlord leads
- The Services will also include any other tasks which the Parties may agree on. The Affiliate hereby agrees to provide such Services to the Contractor.
Terms of Agreement
- The term of this Agreement (the “Term”) will begin on the date of this service commencing and will remain in full force and effect indefinitely after termination as provided in this Agreement.
- In the event that either Party breaches a material provided under this Agreement, the non-defaulting Party may terminate this Agreement and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
- This Agreement may be terminated at any time by mutual agreement of the Parties; HOL Agency Limited reserves the right to terminate the service with any Affiliate if the service becomes non-beneficial for the Contractor e.g. insufficient activity, spam, and misrepresentation or a breach.
- Except as otherwise provided in this Agreement, the obligations of the Contractor will end upon the termination of this Agreement.
Performance
- The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Currency
- Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in GBP.
Compensation
Our pricing strategy is ideally the following:
10% Commission of gross revenue
Other prices will vary depending on the requirements of the Client and the type of conversion needed. The contractor will disclose this information on their leads to the Affiliate monthly.
All leads are paid for upon completion of which the Affiliate is entitled to 10% of the gross revenue when the lead is converted by a Client and payment s are completed.
Bad leads (A lead which is a bot or otherwise fake) will be rejected. The Affiliate acknowledges that by advertising our services they are doing so as an individual and should not use House of Landlords’ brand to acquire free/discount leads or attempt to acquire leads in a nongenuine method which either tricks a prospect or represents the services negatively or to deliver bot or otherwise fake as well as deliver repeat leads (Leads which have previously been submitted) and any leads which are already found to be acquired by HOL Agency Limited or another Affiliate, only the affiliate which has delivered the lead first shall receive payment for those leads within 7 days of being followed up.
CUSTOM REQUIREMENTS –
The Affiliate will be responsible for their own income tax liabilities and National Insurance or similar contributions relating to the Compensation and the Affiliate will indemnify the Company in respect of any such payments.
Payment Terms
The Contractor will compensate affiliates within 4 weeks of a service completing and will pay the Affiliate as required as timely as possible, any error in tracking can be reimbursed if valid proof can be brought forward along with relevant information for the lead.
Confidentiality
- Confidential information (the “Confidential Information”) refers to any data or information relating to the business of the Affiliate, Client or Contractor data which would reasonably be considered to be proprietary to either party including, but not limited to, accounting records, business processes, and Client/Contractor records and that is not generally known in the industry of the Client or Contractor and where the release of that Confidential Information could reasonably be expected to cause harm.
- Both Parties agree that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor or Affiliate has obtained, except as authorized by the relevant Party or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement.
- All written and oral information and material disclosed or provided by the Affiliate to the Contractor and vice versa is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided.
Ownership of Intellectual Property
- All intellectual property and related material (the “Intellectual Property”) that are developed or produced under this Agreement, will be the property of the Contractor. The Client is granted a non-exclusive limited-use license of this Intellectual Property once submitted, prohibiting providing or referring directly competing for services or reselling the lead elsewhere during or after termination of the agreement.
- The title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Contractor.
Return of Property
- Upon the expiry or termination of this Agreement, both parties will return to the other any property, documentation, records, or Confidential Information which is the property of the other.
Capacity/Independent Contractor
- In providing the Services under this Agreement it is expressly agreed that the Affiliate is acting as an independent contractor and not as an employee. The Contractor and the Affiliate acknowledge that this Agreement does not create a joint venture between them, and is exclusively a contract for affiliate lead generation services.
Notice
- All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing or digitally and delivered to the Parties of this Agreement as follows:
- Affiliate – via provided means of contact (phone, text, post etc.)
- Contractor (HOL Agency Limited) – [email protected]
Or to such other address as any Party may from time to time notify the other.
Indemnification
- Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, stockholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, stockholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
Modification of Agreement
- Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will be binding when an updated version has been delivered to each Party or an authorized representative of each Party.
Time of the Essence
- Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
Assignment
- The Parties will not voluntarily, or by operation of law, purposely hinder the efforts and obligations of the Parties as to acquire reduced or free services, slow down operations out of the control of the Parties, manipulate the agreement to be less beneficial for the Company or any other forms of slander or intent which will otherwise harm the Contractor including any fees owed to the Contractor or any current business of the Contractor which does not directly concern the third parties or members of the public.
Entire Agreement
- It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided by the Contractor through mutual agreement.
Inurement
- This Agreement will inure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
Titles/Headings
- Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
Gender
- Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
Governing Law
- It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Country of England, without regard to the jurisdiction in which any action or special proceeding may be instituted.
Severability
- In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Waiver
- The waiver by either party of a breach, default, delay, or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.