GLOBAL PRESENCE AFFILIATE PROGRAM AGREEMENT & APPLICATION

Read the agreement before you fill out and submit it. You will receive a copy for your records. We will contact you after to onboard you into the program.

This Affiliate Program Agreement (the "Agreement") is made and effective as of the date of the last signature to the Agreement.

 

BETWEEN: Global Presence Enterprises LLC (the "Owner"),  located at:

Street and Number: 8362 Pines Blvd #116 

City: Pembroke Pines

State: FL 

ZIP: 33024

AND: (the "Recipient"), located at:

Street and Number:
City:

State:

ZIP:

 

In consideration of the terms of this agreement, the parties agree as follows:

 

RECITALS

 

1. The name of this affiliate program is the Global Presence Affiliate Program (the “Affiliate Program”).

 

2. The Recipient represents and warrants to the Owner that the Recipient has read and understood the Agreement and agrees to the terms set forth therein.

 

3. For purposes of this Agreement, the term:

• “the Recipient” refers to the individual or legal entity that applies for and is accepted into the Affiliate Program;

• “the Owner” refers to the sponsor of the Affiliate Program; and

• “the Owner’s website” refers to the website that the Owner maintains at:  

 

1. AFFILIATE PROGRAM REGISTRATION

 

To register for the Affiliate Program, the Recipient must complete and submit to the Owner an Affiliate Program Application Form attached at Schedule B of this Agreement along with a signed copy of this Agreement.

2. APPROVAL OR REJECTION OF AFFILIATE PROGRAM APPLICATION

 

The Owner reserves the right to approve or reject any Affiliate Program application in its sole and absolute discretion. The Recipient will have no legal recourse against the Owner for the rejection of its Affiliate Program application.

 

After the Owner has accepted the Recipient as an Affiliate Program member, the Owner reserves the absolute right to rescind or terminate the Recipient’s affiliate status for any reason in its sole and absolute discretion.

 

3. FINANCIAL RESPONSIBILIITES

 

The Recipient will be fully responsible for all costs and expenses of maintaining and marketing the Affiliate Program, and the Recipient hereby holds the Owner harmless from or against the same.

 

4. NO REPRESENTATIONS REGARDING INCOME POTENTIAL

 

The Owner makes no representations and warranties regarding potential income that may result from participation in this Affiliate Program.

 

5. WEBSITE LINKS AND OTHER ADVERTISING INFORMATION

 

1. As a Program Affiliate, the Recipient may wish to place links on its site directing users to the Owner’s site. The Recipient will only be permitted to use the links provided by the Owner and on the website (s) that the Recipient designates in the Affiliate Program Application.

 

2. As a Program Affiliate, the Recipient is given a limited term license, during the term of the Recipient’s active participation as a Program Affiliate, to utilize the Owner’s logo images provided to the Recipient on the web site(s) that the Recipient designates in the Recipient Affiliate Program Application.

 

3. The Owner will make available to its Affiliates links and other information advertising its site to be used subject to the terms of this Agreement. These materials will contain its trademarks and other proprietary property. The Recipient may display these materials on the Recipient’s website for the purpose of promoting the Owner’s site and participating in this Affiliate Program. If the Recipient discontinues the Affiliate Program or if the Recipient's participation is terminated for any reason, the Recipient will immediately cease using these materials and will delete all such materials from its website and from its computer.

 

6. OWNER RESPONSIBILITIES

 

1. The Owner will be responsible for handling all customer inquiries and registration, customer billing, and collection.

 

2. Pricing of the Owner's products and services is totally within its discretion and the Owner reserves the right to change the pricing structure, terminate any special offers, discontinue products or services, or change the terms under which products or services are offered at any time, without any advanced notice to the Recipient.

 

3. The Owner’s responsibilities in respect of tracking customers referred by the Recipient are limited to:

• providing the Recipient with links to the Owner’s website which will capture the affiliate code of the Recipient should a customer register with the Owner having clicked through to the Owner’s website using the Recipient’s link; and
  

• reporting the invoiced and collected revenue of customers who have the affiliate code of the Recipient noted in their customer profile and the commission due to the Recipient as a result thereof. All such reports will be issued on a monthly basis within five days of the end of the month and shall be unaudited.

 

4. The Owner will have no obligation to provide the Recipient with any specific information relative to any customer.

 

5. The Owner is not responsible for the failure to capture the Recipient’s affiliate code for any customer registering with the Owner due to actions of the customer including visiting the Owner’s website without using the Recipient’s affiliate link or the internet browser settings of the customer.

 

7. RECIPIENT RESPONSIBILITIES

 

1. The Recipient will be responsible for promoting the Owner and its services in a positive manner with the aim of referring customers to the Owner. There is no minimum required number of customers that the Recipient must refer.

 

2. The Recipient is responsible for ensuring that any customers it refers to the Owner have the Recipient’s affiliate code noted in their profile. This will be done by the referred customer either:

• using the Recipient’s affiliate link as provided by the Owner to register as a user of the Owner’s services; or

• stating the Recipient’s affiliate code whilst registering for the Owner’s services over the phone with a representative of the Owner.

 

3. Should the Recipient’s affiliate code be omitted from or not correctly noted on a referred customer’s profile, the Recipient will have until the end of the month following the month of the customer’s registration date to request that the Owner amend the customer profile to include the Recipient affiliate code. In this event commissions paid will be based on revenue collected from the customer’s registration date rather than the date on which their profile was amended. The Owner reserves the right to deny such amendments requested by the Recipient at its sole discretion.

 

8. COMMISSION

 

1. Commissions will be paid to the Recipient based on a percentage of revenue invoiced and collected from customers who have the Recipient’s affiliate code in their customer profile.

 

2. Commissions will be calculated based on the sales invoiced and collected. Commissions will not be calculated based upon amounts that are attributable to credit card fraud, credits or refunds given to customers. The Owner reserves the right to deduct in subsequent months for any commission that the Owner paid that is for an amount that is subsequently refunded, or for any other reason if the previous monthly commission was overpaid or later subject to reduction.

 

3. The percentages to be paid as commissions hereunder are currently as set forth in Schedule A at the end of this Agreement. The Owner reserves the right to change and amend the commission rate structure at any time, in the Owner’s sole discretion.

 

4. Commissions will only be paid on sales that are tracked through the Owner’s billing system and indicate the Recipient’s affiliate code in the customer profile.

 

5. The Owner will pay commission only upon collection by the Owner. The Recipient has no right to commissions until the applicable customer has paid the Owner in full.
   

 

6. Commissions will be paid to the Recipient on a quarterly basis not later than the 30th day of the subsequent quarter for amounts received by the Owner during the previous quarter. All payments will be made via Paypal/Zelle to the Recipient supplied in the Affiliate Program Application. The recipient will pay transfer fees. The Owner does not make payment if the total commission due to the Recipient is not at least $250. Amounts below $250 will accrue to the Recipient account and payment will be made for the quarter when the Recipient’s total commissions achieve the minimum $250. The Owner reserves the right to amend the minimum commission payment amount at any time.

 

9. TAX

 

The Owner is not obligated to and shall not provide the Recipient with tax advice and any information provided to the Recipient by the Owner shall not be deemed as advice. The Recipient is obligated to independently assess and comply with all relevant tax requirements, including its own tax and reporting obligations arising from commission paid under this Agreement.

 

10. CUSTOMERS

 

All users of the Owner’s services, regardless of whether they may have the Recipient’s affiliate code in their profile, are deemed to be the Owner’s customers and not the Recipient’s customers in relation to the Owner’s products and services. The Owner will have the right to contact these customers and send future marketing offers to them.

 

Additionally, all such customers will be subject to the Owner’s terms and conditions and the Recipient has no right or authority to amend or offer any different offers relative to the purchase of the Owner’s services. The Owner, however, reserves the right to amend any of its terms and conditions at any time in its sole discretion.

 

11. TRADEMARKS AND COPYRIGHTS

 

1. The Recipient will have a non-exclusive, limited-term license to use the trademarks, logos, and copyrighted material that the Owner provided to the Recipient for use in promoting the services of the Owner. The license so granted is subject to complete compliance with all terms and conditions of this Agreement and any policies the Owner may create and amend from time to time regarding the Affiliate Program.

 

2. The Recipient agrees that the Owner retains all rights, title,s and interest in and to all such materials.

 

3. The Recipient will not use these materials in any way that is damaging, defamatory, disparaging, derogatory, or negative to the Owner or that paints the Owner in a false or negative light.

 

4. The Owner may revoke the limited license granted hereunder at any time in writing to the Recipient. Upon termination or revocation, the Recipient will immediately cease from any use of this material.

 

5. The Recipient grants to the Owner a non-exclusive right and license to use the Recipient’s trademarks, trade names, service marks, business names, web page titles, slogans, logos, and copyrighted materials for the purposes of promoting, advertising, announcing, or marketing the Recipient participation in the Owner Affiliate Program.

 

6. The Recipient represents and warrants to the Owner that no other party has any rights in and to any of these materials and that these materials do not infringe upon or otherwise interfere with the rights of any other party.
   

7. The Owner has no obligation to announce, advertise, market, or promote the Recipient’s participation in the Affiliate Program, but reserves the right to do the same at its sole discretion.

 

12. PRODUCT AVAILABILITY

 

The Owner cannot guarantee product availability or the terms of any price special promotion or offer.

 

13. REPRESENTATIONS AND WARRANTIES

 

The Recipient hereby represents and warrants to the Owner to have the complete power and authority to enter into this Agreement and that this Agreement constitutes a valid and legally enforceable agreement. The Recipient’s entry of this Agreement is not prohibited by the terms of any document, is not contrary to any law, rule, or regulation, and is not in violation of any court or administrative order.

 

14. TERM

 

The effectiveness of this Agreement shall not commence until the Recipient Affiliate Program Application is accepted by the Owner. This Agreement shall remain in full force and effect until terminated by the Recipient or by the Owner. Either the Owner or the Recipient may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination in compliance with this Agreement. Notices sent hereunder shall be via email to the Recipient at the email address indicated in the Recipient Affiliate Program Application. Any and all notices to the Recipient via email at such address shall be deemed to be effective notice to the Recipient for all purposes.

 

15. TERMINATION

 

In the event of a breach of terms of this Agreement by the Recipient the Owner reserves the right to terminate this Agreement without notice and without paying commissions accrued at the termination date. Should the Owner terminate this Agreement for any other reason the Owner will give the Recipient three months’ notice of termination and following the termination date will continue to pay commission for a further three months based on existing customers at the termination date.

 

The Owner has the right to withhold final commission payments for sufficient time in order to assure that the amount paid to the Recipient is accurate and not subject to later adjustment for returns or any other reason.

 

Should the Recipient terminate this Agreement for any reason they will not be required to give any notice of termination and will be entitled to receive a commission for a further three months based on existing customers at the termination date.

16. MODIFICATIONS

 

The Owner reserves the right in its sole and absolute discretion, to modify any terms and conditions of the Affiliate Program and the terms and conditions of this Agreement upon notice to the Recipient. Notice of any changes may be given via email to the Recipient. The Recipient may terminate this Agreement in the event that any of these modifications are unacceptable to the Recipient and such termination shall be the Recipient's sole and exclusive remedy. In the event that the Recipient continues to participate in the Affiliate Program following such modifications, the Recipient will be deemed to accept any and all such changes.

 

17. LIABILITIES
    

1. The Owner hereby disclaims any and all warranties and liability related to its website, the Affiliate Program, the Recipient's participation in the Affiliate Program, or the Recipient’s ability to profit through participation in this Affiliate Program

 

2. The Owner shall not be responsible for any direct or indirect damages or liabilities of any nature, including but not limited to incidental, consequential, indirect, or special damages, loss of profits, lost business opportunity, or any other damages; regardless of whether the Owner was or should have been advised of the possibility of the same and took no action to prevent the same.

 

3. Without limiting the foregoing, the Owner’s total liability for any damages arising hereunder shall never exceed the total commissions paid and payable by the Owner pursuant to the terms of this Agreement.

 

18. CONFIDENTIALITY

 

In the event that any information is disclosed to the Recipient through the Recipient’s participation in the Affiliate Program related in any way to the Owner which the Owner deems to be confidential and proprietary, the Recipient agrees to hold such information in the strictest of confidence and not to disclose such information to any other party or to use any such information for the Recipient own purposes. Confidential information will include any information regarding to this Agreement or this Affiliate Program. Confidential information shall also include any and all information related to the Owner’s business, marketing plans, user statistics, financial information, pricing, profits, customer information, affiliations, sales information, and all other information that the Owner considers to be confidential and proprietary.

19. INDEMNIFICATION

 

The Recipient hereby indemnifies and holds harmless the Owner, and all of the Owner’s shareholders, officers, directors, employees, contractors, affiliates, agents, and successors from and against any and all claims, liabilities, damages, actions, causes of action, suits, threats, demands, settlements, including all costs and attorney fees related thereto, that the Owner may incur and which are based in whole or in part upon the Recipient participation in the Affiliate Program.

 

20. GOVERNING LAW

 

This Agreement shall be interpreted under the laws of the state of Florida. Any and all legal actions relative hereto shall be in the courts of Florida.

21. RELATIONSHIP OF THE PARTIES

 

The parties hereto are independent contractors and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint venturers, shareholders, employers/employees, agents/servants. The Recipient has no power or authority to bind the Owner to any obligation, agreement, debt, or liability. The Recipient shall not hold itself out as an agent or representative of the Owner.

 

22. NOTICES

 

Notices to the Owner shall be by:

• email addressed to the email address that the Owner provided to the Recipient on the Recipient Affiliate Program Application; or

• by registered mail to the address contained in this Agreement, or such other address that the Owner may provide notice of to the Recipient via email.

 

Notices to the Recipient shall be by email addressed to the email address that the Recipient provided to the Owner in the Recipient Affiliate Program Application.

 

23. ASSIGNMENT

 

This Agreement is only for the benefit of the party that the Recipient lists in the Affiliate Program Application. The Recipient shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.

24. ENTIRE AGREEMENT

 

This Agreement sets forth the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes any and all prior discussions, understandings, agreements, representations, warranties or covenants between the parties. This Agreement may only be amended by a written signed by the authorized representative of each of the parties, except as otherwise set forth herein. Any waiver of a breach or default under this Agreement shall not constitute a waiver of any subsequent or other breach or default and shall not serve to modify the agreements set forth herein.

 

If any provision or term of this Agreement is held to be invalid for any reason, it shall not affect the enforceability of the remainder of this Agreement or any other term or condition of this Agreement.

The parties have executed this Agreement as of the date of the last signature below. Signed on behalf of:

The OWNER

 

Authorized Signature: On File

Print Name: Jack Hakimian

Title: CEO

Date:

 

The RECIPIENT

 

Authorized Signature:

Print Name:

Title:

Date:

SCHEDULED COMMISSION RATE STRUCTURE

 

SCHEDULE B AFFILIATE PROGRAM APPLICATION FORM

 

Should you wish to apply to participate in the Global Presence Affiliate Program please complete and sign this application form and return it with the signed Affiliate Program Agreement to our Accounting Department. Please continue to use this email address for any further correspondence in relation to the Global Presence Affiliate Program.

The abovementioned business/individual hereby applies to become an affiliate as part of the Global Presence Affiliate Program subject to the terms of the Affiliate Program Agreement which has been separately provided.

Authorized Signature:

Print Name:

Title:

Date: