This Agreement contains the complete terms and conditions that apply to your participation as a member of the Mijireh Partner Program.
Program enrollment
To begin the enrollment process, you will submit a completed Program Application through our website. Upon approval, your account will be active in our program. We may reject your account if we determine that your site is unsuitable for the Program for any reason, including, but not limited to, if your integration incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as applications that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement (collectively, “Content Restrictions”).
Commissions
We will pay you a commission based on the below structure:
Commission Rates:
10% of revenue generated by transactions from your integration
Not all live sales generate a commission. Reality66 LLC reserves the right to change the pricing of its service, run promotions, and distribute free credits for live sales to all customers. The commission paid is based solely on the revenue generated from your integration and not on any other metric including the number of live sale transactions completed.
Commission payment
Commissions deemed due and owed to you under the program will be paid to you directly via PayPal. All tax liability and reporting is the sole responsibility of the partner.
Responsibility for application
You will be solely responsible for the development, operation and maintenance of your application and for all materials that appear on your site. We shall have no responsibility for the development, operation and maintenance of your application, integration, and for all materials that appear on your website.
In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following:
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Provide inaccurate or incomplete information to Reality66 LLC concerning your identity, address or other required information;
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Attempt to cheat, defraud or mislead us in any way;
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Misrepresent to the public the terms and conditions of our service or your application or integration;
Minimum payment threshold
Participants in the program must earn a minimum commission balance of $20 or more before their account is eligible for payment. Commission amounts earned for less than $20 will remain pending until the full $20 minimum balance has been earned.
Term of the agreements
The term of this Agreement will begin upon our acceptance of your Partner Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on revenue accrued during the term of the Agreement.
Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Partner Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Partner Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
Relationship of parties
You and Reality66 LLC are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. You are not an agent of Reality66 LLC and Reality66 LLC expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
Limitation of Liability
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Partner Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Partner Program will not exceed the total commissions paid or payable to you under this Agreement.
Disclaimers
We make no express or implied warranties or representations with respect to the Partner Program or any Mijireh or Reality66 LLC services or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Representations and Warranties
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you.
Confidentiality
We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confidential (herein referred to as “Confidential Information”). For purpose of this Agreement, the term “Confidential Information” shall include, but not be limited to, any modifications to the terms and provisions of this Partner Program Agreement made specifically for your application or integration and not generally available to other members of the Partner Program, website, business and financial information relating to Mijireh or Reality66 LLC, customer and vendor lists relating to Mijireh or Reality66 LLC and any members of the Partner Program, other than you.
Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person’s use of the information.
Indemnification
You hereby agree to indemnify, defend and hold harmless Reality66 LLC, officers, directors, employees, contractors, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys’ fees and costs) of any nature whatsoever incurred or suffered by us (collectively the “Losses”), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.
Miscellaneous
Terminated accounts cannot later apply to the Program without our express written consent. This Agreement will be governed by the laws of the United States and the State of Virginia, without reference to rules governing choice of laws. Reality66 LLC will be the sole and final arbitrator for any and all disputes or claims related to the validity of sales.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
Binding Arbitration
By participating in this partner program, you agree to binding arbitration for any disputes or claims that arise against Reality66 LLC or its subsidiaries in conjunction with this program. An arbitration firm selected by Reality66 LLC will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.