Affiliate Program Terms

MERCHYNT AFFILIATE PROGRAM

TERMS AND CONDITIONS

1. Affiliate Program.

These Merchynt Affiliate Program Terms and Conditions (these “Program Terms) govern the Merchynt Affiliate Program (the “Program”).  The Program is intended to enable existing customers of the Paige Service (“Affiliates”) to benefit when they refer prospective customers (each, a "Prospect") to use the Paige Services (the “Services”).  To refer a Prospect, an Affiliate need only share a unique link available to each existing Paige customer in their dashboard (an “Affiliate Link”). If a Prospect registers for the Paige Service using an Affiliate Link and Merchynt accepts their registration, such Prospect shall be deemed an “Accepted Prospect”. Merchynt may reject a Prospect for any reason in its sole discretion, including, without limitation, (a) because the Prospect does not meet Merchynt’s acceptance criteria; (b) if the Prospect has a pre-existing relationship with Merchynt; (c) if Merchynt or any other entity (including any other Affiliate) previously provided a lead for the same Prospect any time during the prior six-month period; (d) another affiliate referred the Prospect first within the predetermined tracking window; and (e) the Prospect is the Affiliate or any entity controlling, controlled by, or under common control with Affiliate.

2. Merchynt Terms and Conditions.

These Program Terms are subject to and incorporated in the Merchynt Terms and Conditions (the “Merchynt Terms”.  In the event of any conflict between these Program Terms and the Merchynt Terms, these Merchynt Terms shall control with respect to the Program.

3. Compensation.

For each Accepted Prospect that (a) enters into a binding agreement with Merchynt for the provision of the Services (a “Services Agreement”) and (b) remains a customer for at least 90 days, Merchynt will pay Affiliate a fee (a “Fee”) equal to 20% of the Net Revenues received by Merchynt from such Accepted Prospect from the first 100 Commissionable Transactions of the Accepted Prospect. “Commissionable Transactions” means a charge for a monthly or other fee under a Services Agreement as determined by Merchynt. With respect to Accepted Prospects that are agencies, each monthly or other fee charged to a single agency is a “Commissionable Transaction.”  (For example, if an Accepted Prospect is an agency with five clients, who each incur a monthly fee, either fee or prorated, during a month, there would be five Commissionable Transactions in such month.)  

“Net Revenues” means gross revenues received by Merchynt from Commissionable Transactions under the Services Agreement, less actual refunds, credits, and chargebacks.  “Gross revenues” excludes any sales or value-added taxes that Merchynt may be required to collect or pay in respect of such sales (other than taxes on Keyholding’s net income).

Fees shall be paid to an Affiliate within 90 days of the end of the applicable calendar month during which Net Revenues were received.  Payment of Fees may be conditioned on Affiliate’s provision of applicable tax information and documentation, including when applicable, a completed Form W-9 or similar documentation, and a PayPal email address (or other payment mechanism as determined by Merchynt).

Merchynt shall have no obligation to make payment of a Fee if, (a) for any reason, the Accepted Prospect does not pay for the Services; (b) Affiliate has breached these Program Terms or the Merchynt Terms; (c) Affiliate ceases to be a customer of the Services for any reason; or (d) the Accepted Prospect or Affiliate has engaged in any deceptive, fraudulent, malicious, or illegal activity, whether actual or suspected; in each case as determined by Merchynt in its sole discretion.

Each party shall be responsible for its own costs incurred in connection with the Program.  

4. Termination.

Either party may terminate these Program Terms at any time upon written notice to the other party.  Without limiting the foregoing, Merchynt may terminate these Program Terms immediately upon notice if Affiliate breaches the Program Terms or engages in fraudulent, deceptive, or misleading practice with respect to the Program or any Prospect (“Termination for Cause”).

Sections 2, 3 (except in the event of Termination for Cause or in the event Affiliate terminates is participation in the Program), 5, and 6 and this paragraph shall survive the termination of these Program Terms, in addition to the applicable sections of the Merchynt Terms that would, by their nature, survive termination of these Program Terms.

5. Independent Contractor.

The relationship between the Merchynt and Affiliate is that of independent contractors, and nothing in these Program Terms shall be construed to constitute Affiliate as an employee, partner, or agent of Merchynt.  Without limiting the foregoing, Affiliate shall have no authority to act for or bind the Merchynt in any way, to alter any of the terms or conditions of any standard forms or other agreements of the Merchynt, to make representations or warranties or to execute agreements on behalf of Merchynt, or to represent that Merchynt is in any way responsible for the acts or omissions of Affiliate.  Affiliate further agrees to be responsible for all of Affiliates federal and state taxes, withholding, social security, insurance, and other benefits, including but not limited to any taxes related to the Fees paid for Affiliates services hereunder. Affiliate shall indemnify and hold Merchynt harmless for any liability or damage to Merchynt resulting from Affiliate’s violation of this Section 5.

6. Changes to Program Terms.

Merchynt may, in its sole and absolute discretion, modify these Program Terms from time to time. All changes to these Program Terms will be effective when posted, and we will provide prior notice of such changes to Affiliate via the Services or the contact information Affiliate provided to Merchynt upon registration.