Content Partner Program Agreement
This Content Partner Program Agreement is made and entered into as of the date of grant set forth below.
BETWEEN: [MARK5 Associates LLC, dba Mark 5 Strategies and dba Angler HQ] (the “Company”), a Florida based company with an address at 19920 Cutler Ct, Cutler Bay, FL 33189.
AND: you, the content producer (the “Producer”), with complete address.
“Content Partner/Producer” means an individual or business creating their own content which may be posted, reposted, shared and/or distributed by the Company.
PRODUCER RESPONSIBILITIES & GUIDELINES:
- Producer will create, edit and post fishing relevant content at its own expense.
- Producer may place, post and share links to products, posts and pages on Company websites, social media pages and new media channels to relevant websites, social media pages and new media channels owned, operated or managed by Producer.
- Producer may earn commissions for sales of products on Company websites by joining Company’s Affiliate & Influencer Program. As described in the Affiliate & Influencer Program Agreement, commissions will be paid on qualified purchases that result from unique links or Promo codes generated by the Company and assigned to the Producer.
- Producer agrees to comply with all federal and state laws including those that govern affiliate marketing and anti-spam. Furthermore, Producer agrees not to show, endorse or promote illegal or unethical activity.
- Producer must comply with the requirements of the Program including, in particular any stipulations as to the nature and content of the Producer’s web site, social media and new media channels and the use of third party or other Affiliates trademarks and logos and matters related to Privacy, Confidentiality and Spam.
- Producer is responsible for staying informed of any changes or amendments to the Program, in particular if a registered website has terminated its Programs or changed the conditions for remuneration to Producers.
- Producer will receive all of the clicks, views and native ads on his/her source channel
TERMS OF THE AGREEMENT:
- The term of this Agreement will begin upon The execution of the Content Partner Agreement signed by both parties and renew annually unless terminated by either party.
- Producer is eligible to earn Commission Fees on Qualified Purchases on company websites generated through affiliate links created by the company and occurring during the term. Commission Fees earned through the date of termination will remain payable only if the orders for the related Products and Services are not cancelled and comply with all Terms laid out in this Agreement.
- Any Producer who violates any terms of this Agreement or Company’s Terms and Conditions or of any applicable law or regulation having the force of law will immediately forfeit any right to any and all accrued Commissions Fees and will be removed from the Company Programs and this Agreement, shall be deemed automatically terminated immediately.
- Company reserves the right to amend or terminate any program at any time. Information about the Content Partner and its Affiliate & Influencer Programs will be available on the Company’s website.
- Enrollment in the Content Partner Program does not establish any sort of employment or binding partnership with the Company.
- You hereby agree to indemnify and hold harmless the Company and its subsidiaries and affiliates, and directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on:
- Any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party.
- Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein.
- Any claim related to your site, including, without limitation, its development, operation, maintenance and content therein not attributable to the Company.
ENROLLMENT IN THE AFFILIATE & INFLUENCER PROGRAM:
- To be eligible to earn commission, Producer must enroll in Company’s Affiliate & Influencer Program. To begin the enrollment process, you will submit a complete Affiliate & Influencer Program application via the Company’s website.
- Company reserves the right to reject any applications for any reason at our sole discretion. If we rejected, you are welcome to reapply to the Program at any time.
- Enrollment in the Company’s Affiliate & Influencer Program does not establish any sort of employment or binding partnership with the Company.
- Company may add, delete, modify and/or enhance portions of Producer’s content that is posted, reposted or shared on Company websites and channels. Modifications and edits may include, but are not limited to text descriptions, categories, tags, links, media, SEO and other general improvements and enhancements as deemed useful by the Company. Such modifications will only appear on content posted, reposted or shared on Company websites and channels and will not appear on Producer’s source channels unless Producer chooses to manually copy, repost or share them.
- Company may modify any of the terms and conditions in this Agreement at any time at its sole discretion. In such event, you will be notified by email.
- If any modification is unacceptable to you, your only option is to end this Agreement.
- Your continued participation in the Program following the posting of the change notice or new Agreement on Company site will indicate your agreement to the changes.
- Producer will receive a Commission for sales that result via clicks from links which include unique affiliate codes or assigned promo code provided by the Company.
- To earn commission, Producer must first be approved by the Company to become an Affiliate, and sign the Affiliate/Influencer Agreement.
- Producer understands that the Payout amount may vary among products and may be changed at any time.
- Producer is responsible for determining if the Payout for a Link you have placed on your site has changed or been discontinued.
- Payments are made automatically on the twentieth (20th) day of each month when your account balance reaches $50 or more for the previous months’ transactions.
Producer agrees not to share or disclose Company’s strategies, methodologies, plans, data or any confidential business information including, but not limited to the terms of this Agreement. Only duly-authorized Company officers, employees, and agents will have access to information furnished or obtained in connection with this agreement; that they will maintain and protect the confidentiality of such information to the greatest extent possible; and that they will share such information only to the extent necessary to make employment decisions and to respond to inquiries or notices from government entities. Additionally, all confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement in order to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.
- The laws of the State of Florida will govern this Agreement, without reference to rules governing choice of laws.
- Any action relating to this Agreement must be brought in the federal or state courts located in Miami, FL and you irrevocably consent to the jurisdiction of such courts.
- Producer 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 be 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 a provision or any other provision of this Agreement.
TERMINATION OF AGREEMENT:
- Either party may terminate the relationship at any time.
IN WITNESS WHEREOF, the Owner has caused this Agreement to be signed by a duly authorized officer, and Recipient has affixed his/her signature hereto.