Prior to submitting an application to become a BannerAdvocate, please read and understand the terms and conditions of this Agreement.
This Agreement contains the complete terms and conditions that apply to the BannerAdvocate Program. As used in this Agreement, "YOU" and "YOUR" means the applicant and "WE,” "OUR" and “US” means BannerView.com. The word "site" refers to a World Wide Website and, depending on the context, refers to either BannerView.com's Web site located at the URL address http://www.BannerView.com or to the site that YOU will identify in the BannerAdvocate Program Application and link to BannerView.com's Web site.
This BannerAdvocate Program Agreement is made by and between Cenicola-Helvin Enterprises, Inc. (the parent company of BannerView.com), a Nevada Corporation, and YOU.
WE operate a Referral Program, allowing YOU to earn compensation through OUR BannerView.com brand of products and services. In order to become a BannerAdvocate, a BannerAdvocate Program Application must be filled out and submitted. WE will evaluate YOUR application in good faith and YOU will be notified of YOUR acceptance or rejection usually within three (3) business days. WE reserve the right to reject your application if YOU or YOUR business is not an active client of Cenicola-Helvin Enterprises for products or services provided under the BannerView.com brand (specifically maintaining a hosting or other recurring service account) or determined to be unsuitable for the Program for any reason. If YOUR application is rejected, YOU may not, at any time, reapply to join our program. If WE accept YOUR application and YOUR site or business is thereafter determined (at OUR sole discretion) to be unsuitable for the program or you no longer maintain a client relationship with Cenicola-Helvin Enterprises for products or services provided under the BannerView.com brand, WE may terminate this Agreement at any time.
Relationship of Parties
YOU and WE are independent contractors, and nothing in this Agreement will create any joint venture, agency, franchise, sales representative, or employment relationship between the parties. YOU will have no authority to make or accept any offers or representations on OUR behalf. YOU will not make any statement, whether on YOUR Web site or otherwise, that reasonably would contradict anything in this Section.
Within the terms of this Agreement, YOU are a BannerAdvocate. As a BannerAdvocate, YOU agree to, but are not limited to the following Good Business Practices:
- YOU have a quality, professionally done website.
- YOUR website does not contain or promote, or link to websites that contain or promote any of these types of content: violence, discrimination based on race, sex, religion, nationality, disability, mother status, sexual orientation, or age, pornography, defamatory, or any illegal activities including violation of federal or state securities laws.
- YOU do not mislead others.
Responsibility of BannerAdvocates
YOU are required to establish initial contact with a potential client of OUR BannerView.com Branded E-Business Solutions and be the sole cause of the first contact between YOU, client and US. WE will provide YOU with a specialized tracking link that must be provided to the potential referred client and clicked in order to track your referral. WE will propose any solutions directly to client. WE are responsible for all order entries, registrations, cancellations, and related customer service. YOU must provide at least one new referral who becomes a client per 12 month period to remain a BannerAdvocate.
BannerAdvocates earn 10% commission on gross sales of BannerOS, upgraded hosting services and related Grips to referred clients for up to 12 monthly payments.
Payment for the previous month's earnings are sent via Check or other method determined by BannerView.com at the end of the current month for any amounts over $100. Commission balances under $100 will be carried forward until balances reach at least $100. For example, commissions that accumulate during the month of May would be paid near the end of June. If you only earned $90 in commissions during May, then we'll carry that balance forward to June and pay June's commissions combined with May's commission near the end of July.
If any product or service that generated a commission is canceled/ returned by the customer, WE will either deduct the commissionable amount from YOUR next payment or bill YOU for the difference. If for any reason YOUR contract with US or OUR relationship with client is terminated, YOU will not be eligible to earn any commissions from further sales, even should the client reactivate services in the future.
Term of the Agreement
The term of this Agreement will begin upon our acceptance of YOUR BannerAdvocate Program Application and will end when terminated by either party. Either YOU or WE may terminate this Agreement, with or without cause, seven (7) days after providing written notice of termination via mail or email. Any violation of this Agreement will result in immediate termination with no notice. YOU are only eligible to earn commissions on sales occurring during the term, and the commissionable amounts earned through the date of termination will remain eligible. Upon termination, for any reason, YOU must remove all links, banners, and graphics from YOUR Website and refrain from publishing the same in any manner whatsoever. After WE have approved YOUR application, WE still reserve the right to terminate OUR BannerAdvocate relationship with YOU at anytime for any reason. WE must provide YOU with seven (7) days notice that WE intend to terminate YOUR BannerAdvocate status and that this notice will specify bona fide reasons for such termination. YOUR termination in this manner shall not affect any commissions YOU earned prior to termination.
WE may modify any of the terms and conditions contained in this Agreement at any time and, at OUR sole discretion, by posting a change notice or new agreement on OUR site or modifying the existing agreement on OUR Website. Modifications may include, for example, changes in value of commissions, commissionable items, and Program rules. If any modification is unacceptable to YOU, YOUR only recourse is to terminate this agreement. YOUR continued participation in the program following OUR posting of a change notice or new agreement on OUR Website or upon a change in OUR Website will constitute binding acceptance of the change.
Limitation of Liability
WE will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the BannerAdvocate Program, even if WE have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the BannerAdvocate Program will not exceed the commissions earned by YOU under this Agreement.
WE make no express or implied warranties or representations with respect to the BannerAdvocate Program or any of OUR products sold through the BannerAdvocate Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, WE make no representation that the operation of OUR site will be uninterrupted or error-free, and WE will not be liable for the consequence of any interruptions or errors including errors related to the special tracking link provided to YOU. YOU are responsible for the operation and maintenance of YOUR site.
YOU acknowledge that YOU have read this Agreement and agree to all its terms and conditions. YOU understand that we may at any time (directly or indirectly) solicit member referrals on terms that may differ from those contained in this Agreement or operate Web sites that are similar to or compete with YOUR Website. YOU have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
The laws of the State of Nevada will govern this Agreement, without reference to rules governing choice of laws. YOU 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 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 provision or any other provision of this Agreement. If any provision of this Agreement is or becomes inconsistent with any applicable law of regulation, the provision will be deemed rescinded or modified to conform to such law or regulation. All of the other provisions of the Agreement will continue in full force effect.