Please read the following affiliate terms and conditions carefully before you join our program or begin marketing our services. Each affiliate is responsible for assuring that its employees, agents, and contractors comply with these terms and conditions.
Website Properties, LLC is an online business brokerage firm which represents owners of established businesses in the sale of their business.
As used in these terms and conditions: (i) “we”, “us”, “our”, “Company” refers to Website Properties, LLC, our website, and any brand partners that we represent; (ii) “you” or “your” refers to the affiliate; (iii) “our website” refers to the WebsiteProperties.com and any apps or other digital products produced by Website Properties, LLC; (iv) “your website” refers to any websites that you will link to our website; (v) “program” refers to the Website Properties Affiliate Program.
ASSENT & ACCEPTANCE
By submitting an application to our Affiliate Program, you warrant that you have read and reviewed these Terms and Conditions and that you agree to be bound them. If you do not agree to be bound by these Terms and Conditions, please leave the website immediately and do not submit an application to our Affiliate Program.
You must be at least 18 (eighteen) years of age to join our Affiliate Program or use this Website. By submitting an application to our Affiliate Program, you represent and warrant that you are at least 18 years of age and may legally agree to these terms and conditions. The Company assumes no responsibility or liability for any misrepresentation of your age.
HOW TO BECOME AN AFFILIATE PARTNER WITH WEBSITE PROPERTIES
- Read the Website Properties.com website Homepage and Sales Process page (https://websiteproperties.com/website-selling-business-process/) to understand the scope of the services being offered.
- Review the Website Properties Affiliate Program Terms and Conditions.
- Sign up for our affiliate programs through our affiliates page: https://websiteproperties.com/referral-website-business-program/
One of the key determining factors in approving your application is our understanding of how you will promote Website Properties. Once your application has been approved, you will have access to our affiliate links for use on your approved website(s).
After receiving your application, we will review your website and notify you of your acceptance into or rejection from our program. Please allow up to 5 business days for your application to be reviewed. We reserve the right to reject any application; however, we encourage you to contact us if you feel we have made an incorrect decision. Including all of the websites that you use in your profile will help us make a better decision.
These terms and conditions does not create an exclusive relationship between you and us. You are free to work with similar affiliate program providers in any category. These terms and conditions imposes no restrictions on us to work with any individual or company we may choose.
We will determine whether payout is permissible in our sole and exclusive discretion. We reserve the right to reject clicks and/or sales that do not comply with the terms of these Terms and Conditions.
The Conditions that apply include the following items:
- Referral must contact us either through our affiliate link (which will contain the referrers partner ID) OR is personally/professionally know and introduced to us by the referrer.
- Referral must not be an Existing Client of ours
- Referral Fee is a one-time per unique Referral
- Referral Fee is based entirely upon the Net Commission Listing Broker receives for that particular Business Listing after paying any listing fees and/or other affiliated commissions, if applicable
- If we do not receive a Commission, Referrer shall not receive a Referral Fee
- If we receive a portion of the Commissions, Referrer shall receive a referral fee based on the portion of Net Commission received by us
FEE SCHEDULE FOR SELLER REFERRAL:
For businesses that are sold at a total purchase price of up to and including $2.5M USD, referral fee is 10% of the Net Commission OR;
For businesses that are sold at a total purchase price of greater than $2.5M USD and less than or equal to $5M USD, referral fee is 12.5% of the Net Commission OR;
For businesses that are sold at a total purchase price of greater than $5M USD, referral fee is 15% of the Net Commission.
FEE SCHEDULE FOR BUYER REFERRAL:
For businesses that are acquired at any purchase price, referral fee is 10% of the Net Commission.
Payouts will only be available when the Company has your current address information as well as accounting and tax documentation. You will be asked to submit a W8/W9 tax form. Accounting information may include the routing and account number of a bank where you wish to post a direct deposit or may include an email address for an online method of payment.
Currently, the Company employs the following methods of payout:
Check or PayPal
For any changes in your address or accounting information, you must notify us immediately and we will endeavor to make the changes to your payout information as soon as possible.
We explicitly reserve the right to change payout information in our sole and exclusive discretion. If we do so, you will be notified.
For any disputes as to payout, the Company must be notified within thirty days of your receipt of the payout. We will review each dispute notification as well as the underlying payout transaction to which it is related. Disputes filed after thirty days of payout will not be addressed.
Your participating website(s) may not:
- Infringe on our or any anyone else’s intellectual property, publicity, privacy, or other rights.
- Violate any law, rule, or regulation.
- Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography, or sexually explicit or adult-related materials.
- Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- Contain software or use technology that attempts to intercept, divert, or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website.
LINKING TO OUR WEBSITE
Upon acceptance into the Website Properties Affiliate Program, links will be made available to you through the affiliate interface. Your acceptance into our program means you agree to and abide by the following:
- You will only use linking code obtained from the affiliate interface without manipulation.
- All domains that use your affiliate link must be listed in your affiliate profile.
- Your website will not in any way copy, resemble, or mirror the look and feel of our website. You will also not use any means to create the impression that your website is our website or any part of our website including, without limitation, framing of our website in any manner.
- You may not engage in cookie stuffing or include pop-ups, false, or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).
- You may not use redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain.
- If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using “out” redirects from the same domain where the affiliate link is placed.
Use of any of our terms as part of the domain or sub-domain for your website, i.e. websiteproperties.website.com or www.websiteproperties-coupons.com, is strictly prohibited and is grounds for removal from the program.
ADVERTISING & PUBLICITY
You shall not create, publish, distribute, or print any written material that makes reference to our program without first submitting that material to us and receiving our prior written consent. If you intend to promote our program via email campaigns, you must adhere to the following:
- Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our program.
- Emails must be sent on your behalf and must not imply that the email is being sent on behalf of Website Properties.
- Emails must first be submitted to us for approval prior to being sent, or we must be sent a copy of the email.
- Any web content or design elements (graphics, banners, etc.) created for the Website Properties brand or services by an affiliate partner that are not specifically provided or previously published by Website Properties must be approved in advance of being published on your website.
Promotion on Facebook, Twitter, and other social media platforms is permitted, following these general guidelines:
- You ARE PROHIBITED from to promoting any discount offers to your own lists; For example, you may NOT post, “10% off sale at Website Properties through Wednesday with code COUPON10.”
- You ARE PROHIBITED from posting your affiliate links on Website Properties’ Facebook, Twitter, etc. company pages in an attempt to turn those links into affiliate sales.
OPERATIONS OUTSIDE UNITED STATES
If you are conducting business in other countries, you will follow the laws of those countries. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive if you are conducting business in or taking orders from one or more of the European Union countries.
TERM, TERMINATION & SUSPENSION
The term of these terms and conditions will begin when we accept you into the Affiliate Program. It can be terminated by either Party at any time with or without cause. You may only earn payouts as long as you are an Affiliate in good standing during the term. If you terminate our affiliate program with us, you will qualify to receive payouts earned prior to the date of termination.
If you fail to follow the terms of these terms and conditions or any other legal terms we have posted anywhere on our website or websites, you forfeit all rights, including the right to any unclaimed payout.
We specifically reserve the right to terminate your enrollment in this affiliate program if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.
At the termination of enrollment in this affiliate program, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
Additionally, if we ask you for clarification or more information on any referrals that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.
- You are not forthcoming, you are intentionally vague, or you are found to be lying.
- You are not responsive within a reasonable time period and after multiple attempts to make contact using the information listed in your network profile.
- You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.
- If any of the above apply, then we reserve the absolute right to suspend you from the program, reverse orders, modify affiliate payouts, set your commission to 0%, or immediately terminate your participation in our affiliate program. We know that many violations are a result of automated processes; however, it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to pro-actively address these issues and adhere to our program rules.
MODIFICATION & VARIATION
The Company may, from time to time and at any time, modify these terms and conditions. You agree that the Company has the right to modify these terms and conditions or revise anything contained herein. You further agree that all modifications to these terms and conditions are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of these terms and conditions, unless prior versions are specifically referred to or incorporated into the latest modification or variation of these terms and conditions.
- To the extent any part or subpart of these terms and conditions is held ineffective or invalid by any court of law, you agree that the prior, effective version of these terms and conditions shall be considered enforceable and valid to the fullest extent.
RELATIONSHIP OF THE PARTIES
Nothing contained within these terms and conditions shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship. You are an independent contractor of the Company and will remain so at all times.
You agree not to use the Affiliate Program or our Company for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Affiliate Program in any way that could damage our websites, products, services, or the general business of the Company.
You further agree not to use the Affiliate Program:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any intellectual property rights of the Company or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate, or discrimination towards any group;
- To unlawfully gather information about others.
AFFILIATE OBLIGATIONS & FTC COMPLIANCE
You are responsible for ensuring operation and maintenance of the Affiliate Site, including technical operations, written claims, links, and accuracy of materials. You must ensure, as noted above, that the Affiliate Site does not infringe upon the intellectual property rights of any third party or otherwise violate any legal rights.
We may monitor your account, as well as clicks and/or purchases coming through your account. If we determine you are not in compliance with any of the terms of these terms and conditions, we have the right to immediately terminate your participation in the Affiliate Program.
We require all of our Affiliates to comply with all applicable statutes, regulations, and guidelines set by the federal government, through the Federal Trade Commission, as well as state and local governments as mandated. The Federal Trade Commission requires that affiliate relationships, such as the relationship between you and the Company, be disclosed to consumers.
We recommend that you seek independent legal counsel to advise you of our obligations to disclose in this manner.
You are required to post a conspicuous notice on your website regarding the Affiliate Program. The notice does not have to contain the precise words as the example given below, but should be similar:
We engage in affiliate marketing whereby we receive funds through clicks to our affiliate program through this website or we receive funds through the sale of goods or services on or through this website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
We also require you to comply with any and all applicable data privacy and security laws and regulations, including all of those which may impact your country of residence or your visitors. Such regulations include, but are not limited to, any applicable laws in the United States or the General Data Protection Regulation of the European Union. We also require that you implement adequate organizational and technical measures to ensure an appropriate level of security for the data that you process. Further, you hereby agree to comply with any requests which we may make to you regarding compliance with the General Data Protection Regulation or requests which you may receive from data subjects.
If we find you are not in compliance with any of the requirements of this subpart, we may terminate our relationship with you at our sole and exclusive discretion.
REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on any of our websites or services;
b) Violate the security of any of our websites or services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
The Company does not accept responsibility for the security of your account or content. You agree that your participation in the Affiliate Program is at your own risk.
You agree to defend and indemnify the Company and any of its agents (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Affiliate Program, your breach of these terms and conditions, or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
You are strictly prohibited from using the Affiliate Program for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
The Company may need to interrupt your access to the Affiliate Program to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
You agree that your use of the Affiliate Program is at your sole and exclusive risk and that any services provided by us are on an “As Is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Affiliate Program will meet your needs or that it will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Affiliate Program is your sole responsibility and that the Company is not liable for any such damage or loss.
LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to you as a result of your participation in the Affiliate Program, to the fullest extent permitted by law. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
a) LANGUAGE: All communications made or notices given pursuant to these terms and conditions shall be in the English language.
b) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Affiliate Program, you agree that Washington shall govern any matter or dispute relating to or arising out of these terms and conditions, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under these terms and conditions is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Thurston County, Washington. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of these terms and conditions, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Thurston. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of these terms and conditions, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of Washington. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this subpart of these terms and conditions, waive any rights they may have to a jury trial in regard to arbitral claims.
d) ASSIGNMENT: These terms and conditions, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should these terms and conditions, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
e) SEVERABILITY: If any part or subpart of these terms and conditions is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and subparts will be enforced to the maximum extent possible. In such condition, the remainder of these terms and conditions shall continue in full force.
f) NO WAIVER: In the event that we fail to enforce any provision of these terms and conditions, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or subpart of these terms and conditions will not constitute a waiver of any other part or subpart.
g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under these terms and conditions are for convenience and organization, only. Headings shall not affect the meaning of any provisions of these terms and conditions.
h) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
i) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under these terms and conditions, including email or fax. For any questions or concerns, please email us at the following address: firstname.lastname@example.org.