1. Acceptance of Terms
The Services are offered and provided subject to your acceptance of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Caesar Capital Consultants Corp.’s Legal Notice). By accessing, registering for and/or using the Services in any manner, you agree to the Terms herein. If you do not agree to the Terms, do not apply or use the Services.
2. Duration
2.1 This agreement is valid from the date Affiliate submits their application on the affiliate application form located on the following page our Caesar Capital Consultants Corp.'s website : https://www.caesarcapitalconsultants.com/affiliatesThe agreement is of indefinite duration, valid until written termination by e-mail and subject, however, to counterparts which will continue to apply as described below.
3. Fees
3.1 In order for the Affiliate to be eligible for a commission on the revenue Supplier has generated from the services sold to the prospect referred by the Affiliate, the Affiliate's referral must have signed-up for the Supplier's services through the Affiliate's unique affiliate link. The link will be supplied by the Supplier after the Affiliate has submitted their application. The Affiliate may also, upon agreement of the Supplier, set up custom referral streams.
3.2 Affiliate is eligible for commissions if the prospect he refers grants a mandate to the Provider within six months of the initial contact.
3.3 Affiliate is also eligible for commissions whether or not the prospect has already been approached by the Supplier, unless he has received, within 3 business days following the confirmation of the referral, as provided for in clause 3.1, an email indicating that the prospect in question has already received a service offer from the Supplier within the last four (4) months, or that he has already signed a service agreement. The Supplier's service offer must be attached to the email.
3.4 When clauses 3.1 and 3.2 are complied with, the Supplier will pay the Affiliate a commission of 20% of the gross revenue Supplier has generated from the services sold to the customer referred by the Affiliate.
3.5 Any commission will be calculated on the amount of the fees before taxes. Notwithstanding any other provision to the contrary, a commission hereunder shall not be payable until the Supplier has received payment of the full amount of the invoice issued to the referral. If the invoice or the agreement with the customer includes provisions, Affiliate will receive commissions in accordance to said provisions and amounts perceived by the Supplier.
4. Commitment
4.1 The Supplier shall process payment of Affiliate's commissions within 7 business days of receiving payment from the customer referred by the Affiliate.
4.2 The Supplier agrees that if it contravenes one or other of the commitments mentioned in the preceding paragraphs, it must pay the Affiliate the lump sum equivalent to the sum of the omitted commissions and this within 15 days of receipt of a notice sent by electronic mail from Affiliate.
4.3 If the Supplier has not paid the due and omitted commissions after the 15-day period, a lump sum equivalent to the sum of the omitted commissions must be paid in addition to an additional penalty equivalent to 50% of the sum due by breached commitment as liquidated damages.
5. Termination
5.1 The parties can terminate the agreement at any time by e-mail.
5.2 However, the termination does not in any way affect the commissions due on the customers referred prior to the termination who have already signed with the Supplier, as well as any customers referred by the Affiliate before the termination and adhering to any service of the Supplier within 6 months following termination.
5.3 The Supplier will therefore pay the Affiliate a commission of 20% of the gross revenue Supplier has generated from the services sold to the customer referred by the Affiliate.
6. Confidentiality
6.1 The parties acknowledge that they have received and will receive; during the course of, in the performance of, or in connection with their discussions in connection with the Transaction, Confidential Information not known to the general public relating to the company, technologies, processes, activities and past, present and future affairs of the parties. The parties acknowledge that such Confidential Information belongs to the party disclosing it and that its disclosure would harm this party and would be contrary to its interests.
6.2 The parties undertake to respect the secrecy and confidentiality of the Information indicated as such by the Affiliate and not to disclose it or discuss it with any other person, nor to use it, other than within the framework of what is permitted by the this Protocol and for the sole purposes of this Protocol, without having first obtained the express written authorization of the other party.
6.3 Each of the undersigned parties shall be liable for any breach of this agreement by its Representatives.
6.4 Each of the undersigned parties, as well as its Representatives, will not disclose to anyone, without the consent of the other:
- 6.4.1 The fact that Confidential Information has been provided to him;
- 6.4.2 that discussions or negotiations are or have taken place in relation to the transaction;
- 6.4.3 the terms, conditions or other information relating to the transaction.
6.5 In the event of a minor breach of confidentiality, written notice will be sent by email from one party or the other. In the event that this confidentiality clause is not respected for a serious reason or for a second breach of confidentiality, the parties agree that the monetary penalty of $10,000 USD will apply.
7. Sale of business
7.1 In the event of a sale of business on the part of the Supplier, the latter undertakes to pay, in accordance the counterparts hereby, the commissions generated by the services of the Supplier for previously sent referrals. In addition, it is specifically understood that the Supplier undertakes to communicate this contract to the new purchaser in order to allow its continuation and to notify the Affiliate before the conclusion of the sale or transfer of the business.
8. Arbitration
8.1 Except for certain types of disputes described in the arbitration clause set forth herein, you agree that disputes between you and Supplier will be resolved by mandatory arbitration and you waive any right to participate in a class-action lawsuit and/or class-wide arbitration.
8.2 Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Terms shall be finally settled in accordance with the Comprehensive Arbitration Rules (“Rules”) of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Newark, Delaware, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Terms shall be entitled to costs and attorneys’ fees. You can opt-out and decline this agreement to arbitrate by contacting the Supplier within thirty (30) days from the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted the Terms).
8.3 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Supplier in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND SUPPLIER WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
8.4 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this Section is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Newark, Delaware.
9. Election of domicile
9.1 The parties and interveners elect domicile in the judicial district of Newark, state of Delaware.
10. Applicable Laws
10.1 The provisions of this agreement are governed by and must be interpreted in accordance with the laws in force in the state of Delaware.
11. Waiver
11.1 No waiver of any provision of this Agreement is valid unless confirmed in writing and such waiver shall not be construed as a waiver for the future.
12. Scope of the agreement
12.1 This Agreement binds the parties hereto as well as their respective heirs, successors, legal representatives or assigns and any prospective purchaser or assignee.
13. Contact
If you would like to request additional information regarding the Terms or for any questions regarding a commercial relationship with Caesar Capital Consultants Corp., please contact us at media@caesarcapitalconsultants.com.