RealPars

RealPars Affiliate Program Agreement

This Affiliate Program Agreement (“Agreement”) outlines the terms and conditions for participation in the RealPars Affiliate Program (“Program”). By participating in the Program, you (“Affiliate”, “You”, “Your”) agree to these terms, which are designed to make the referral process smooth and beneficial for everyone involved.

1. Overview

This Agreement contains the complete terms and conditions that apply to You when becoming an affiliate in the RealPars Affiliate Program. The purpose of this Agreement is to allow You to earn commissions through sales generated from Your website to RealPars’ services in the manner set forth herein.

2. Enrollment in the Affiliate Program

(a) Application Completion: If You have not already done so, You need to complete an application to the Affiliate Program. You need to identify Your website, describe how You plan to promote RealPars’ services on Your website, and provide certain contact information.

(b) Acceptance of Your Application: If we choose to accept Your application, You will receive an email notification confirming that Your application has been approved. We may accept or reject Your application at Our sole discretion. Your application will be rejected if any of the information You provide is incorrect or incomplete, or if Your website promotes inappropriate content.

(c) Access to Our Affiliate Program: If We have accepted Your application, We will send You a welcome email with Your login details so that You may enter Our secure affiliate center. From this center, You will be able to download promotional materials and qualifying links as well as access Your reports which will describe Our calculation of the affiliate commissions due to You.

(d) Contact Information: You will ensure that your information including your email address is at all times complete, accurate, and up-to-date. We may send communications to the email address associated with your account.

(e) Compliance: You must be in good standing with the Federal Trade Commission (the “FTC”) and in compliance with all FTC guidelines.

3. Specific Obligations of Affiliates

As a member of Our Affiliate Program, You represent, warrant, and covenant that You will:

(a) Link to Our Services: You will implement the links, banners, and other means of linking Your website to Our services pursuant to the referral specifications set forth on the Affiliate Program.

(b) Maintain Your Site: The maintenance and updating of Your website will be Your responsibility. RealPars will notify you via email of any changes to these Terms and our referral materials.

(c) Compliance with Laws: It is entirely Your responsibility to follow and comply with all applicable copyright and other laws that pertain to Your website.

(d) Prohibited Activities: You agree not to:

• Engage in spamming or unsolicited commercial emails.
• Misrepresent your relationship with RealPars.
• Use misleading or deceptive practices to refer potential subscribers.
• Compete with RealPars’ marketing efforts inappropriately.
• Promote RealPars through paid advertising or media buying that leads directly to the RealPars website.
• Use RealPars’ name or variations of RealPars’ name in Your domain names or social media pages.
• Promote RealPars content on websites containing offensive or inappropriate content.
• Use cookie-stuffing techniques or click-generators that set the tracking cookie without the user actually clicking on the referral link.
• Mimic RealPars’ media and content in a way that creates the impression that Your media is part of RealPars.
• Use spyware, malware, viruses, or any unauthorized software.

4. Affiliate Responsibilities

As a member of Our Affiliate Program, You understand and agree that:

(a) Monitoring: You hereby give Us the right to monitor Your website at any time to determine if You are following these Affiliate Terms, and to notify You of any changes We feel You should make to remain in compliance.

(b) Customer Policies: Persons who become customers of Our services through referrals made in the Affiliate Program will be considered Our customers. All Our terms, rules, policies, and operating procedures that apply to Our users will apply to such referred customers.

(c) Content Responsibility: You may create Your own promotional materials using pages from our site as reference. However, You may NOT download, copy, or use video content (free or paid), course supplementary materials, or lesson descriptions and upload them on Your own site(s).

5. Affiliate Commissions

(a) Eligibility: You are eligible to earn affiliate commissions through referrals during the term of these Affiliate Terms, according to the calculation described below.

(b) Amount Due: The affiliate commission is set up in the offers available to You in Your Publisher account. A “Referral” is a paying customer that You refer from Your website to Our website using the referral materials.

(c) Payment Schedule: Payments are disbursed on a monthly basis. If Your account is terminated due to violation of these Affiliate Terms, We reserve the right to withhold all future payments owed to You.

(d) Payment Method: Payments are sent using the payment system integrated into Our platform. Affiliates are responsible for making sure they are able to accept payments from Our payment system.

(e) Currency and Fees: All rewards will be paid in euros (€). Affiliates are responsible for any and all charges, fees, taxes, exchange rates, surcharges, and other expenses incurred to receive affiliate payments.

(f) Withholding Payments: We may withhold Your final payment for a reasonable time to ensure that the correct amount is paid to You.

6. Licenses

(a) License to Use Names and Logos: You hereby grant Us a non-exclusive, non-transferable, revocable right to use Your names, titles, and logos in the advertising, marketing, promoting, and publicizing in any manner of Our rights under these Affiliate Terms.

(b) Revocation: Either one of us may revoke this license at any time by giving the other written notice ending our engagement under these Affiliate Terms and Your affiliate status.

7. Disclaimer

We make no express or implied representations or warranties regarding RealPars. Any implied warranties of merchantability, fitness for a particular purpose, accuracy, reliability, and non-infringement are expressly disclaimed and excluded. We make no representation that the operation of our website will be uninterrupted or error-free.

8. Limitations of Liability

We will not be liable to You with respect to any subject matter of these Affiliate Terms under any contract, negligence, tort, strict liability, or other legal or equitable theory for any indirect, incidental, consequential, special, or exemplary damages, even if You have been advised of the possibility of such damages. Our cumulative liability to You arising out of or related to these Affiliate Terms shall not exceed the total referral fees paid to You under these Affiliate Terms.

9. Indemnification

You agree to indemnify and hold harmless RealPars and its employees, representatives, agents, and affiliates against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from Your breach of these Affiliate Terms.

10. Termination

Either RealPars or You may end this Agreement at any time, with or without cause, by giving the other party written notice.

11. Modification

We may update these Terms to clarify Our practices or to reflect new or different practices. Modifications will become effective on the day they are posted unless stated otherwise. If any modification is unacceptable to You, Your only option is to end Your participation in the Affiliate Program.

12. Miscellaneous

(a) Legal Validity: These Affiliate Terms constitute Your legal, valid, and binding obligation, enforceable against You in accordance with the terms and conditions set forth herein.

(b) Independent Contractors: Each of us shall be deemed to be independent contractors with respect to the subject matter of these Affiliate Terms.

(c) Assignability: You may not assign Your rights or obligations under these Affiliate Terms to any party.

(d) Governing Laws: These Affiliate Terms shall be governed by the substantive laws of the State of Delaware without reference to its choice or conflicts of law principles.

(e) Amendments: You may not amend or waive any provision of these Affiliate Terms unless in writing and signed by both parties.

(f) Entire Agreement: These Affiliate Terms represent the entire agreement between Us and You, and shall supersede all prior agreements and communications.

(g) Headings: The headings and titles contained in these Affiliate Terms are included for convenience only.

(h) Severability: If any provision of these Affiliate Terms is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of both parties is effectuated.

13. Payment Terms

(a) Payouts: Subject to the terms herein, RealPars agrees to pay You the Payouts set forth for each Qualifying Referral, provided that the customer must have purchased RealPars Products and/or completed a Lead by accessing the RealPars Site directly via a Qualifying Link from one of Your Authorized Properties.

(b) Right to Withhold Payment: RealPars reserves the right to withhold payment for Qualifying Referrals in the event of any of the following circumstances:

• Verified product/service returns or cancellations, or disputed charges.
• Purchases made with the intent to resell.
• Duplicate entry or other clear error.
• Non-bona fide transactions.
• Another failure by Affiliate to comply with these terms.
• Non-receipt of payment from, or refund of payment to, the customer.
• The Affiliate is not the last entity to refer such customer to RealPars before a transaction is completed.

(c) Payout Schedule: We will pay the Payouts as designated. RealPars will send You a check or effect a direct deposit or otherwise, as selected by You for the Payouts You have earned that were tracked during the applicable period, less any amounts properly withheld during the applicable period.

14. Confidentiality

You acknowledge and agree that it is imperative that all Confidential Information of RealPars remains confidential. Confidential Information shall not include information (a) already lawfully known to or independently developed by You, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third-party.

15. Applicable Law and Venue; Dispute Resolution

This Agreement is made in the State of Delaware and shall be construed and interpreted in accordance with the internal laws of Delaware. You agree and consent that jurisdiction and venue of all matters relating to this Agreement shall be vested exclusively in the courts within the State of Delaware.

16. Term and Termination

Your participation in the Program shall commence upon Your acceptance and shall continue until terminated in accordance with the terms of this Agreement. RealPars may terminate Your participation in the Program or this Agreement at any time, for any reason, immediately upon written notice of such termination to You.

17. Intellectual Property License

Subject to the terms and conditions of this Agreement, RealPars hereby grants You a nonexclusive, nontransferable, revocable, limited license, during the term of this Agreement only, to reproduce and display the RealPars Marks and any Creative made available, for the sole purpose of advertising and generating sales of RealPars’ Products.

18. Representations And Warranties

You represent and warrant that (a) You have the authority to participate in the Program and enter into this Agreement and sufficient rights to grant any licenses expressed herein, (b) You shall comply with all applicable laws, rules, and regulations, (c) any material provided by You will not infringe on any third party's rights, and (d) the content will not violate any laws, promote violence, or contain hate speech.

19. Indemnification

You agree to defend, indemnify and hold harmless RealPars, and its directors, officers, employees, agents, assigns, distributors, and licensees harmless from and against all third-party demands, claims, liabilities, damages, losses, costs, and expenses arising from or relating to Your breach of this Agreement.

20. Limitations of Our Liability

IN NO EVENT SHALL REALPARS BE LIABLE FOR CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY DISPUTE OR RELATING TO THIS AGREEMENT. OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THE PROGRAM WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.

21. Modification of Terms

RealPars may modify any of the terms and conditions contained in this Agreement at any time and in its sole discretion, by posting a change notice or updated terms on Our platform. 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 WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

22. General Provisions

(a) Severability; Interpretation: The provisions of this Agreement are severable. If any provision is deemed invalid or unenforceable, it shall not affect the other provisions of this Agreement.

(b) Assignment: RealPars may assign its rights and obligations under this Agreement at any time without notice. You may not assign this Agreement without prior written consent.

(c) No Agency: You and RealPars are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship.

(d) Binding Nature: This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

(e) Entire Agreement: This Agreement reflects our complete agreement regarding the Program and supersedes any prior agreements or discussions related to the Program.

By participating in the RealPars Affiliate Program, You acknowledge that You have read, understood, and agreed to these terms and conditions.

Contact Information: For any questions or concerns regarding the Affiliate Program, please contact our support team at [email protected].