Company Information and Personal Information
Tax Information and Payment Information
If you do not enter a valid SSN or EIN number, you will not receive any commission checks.
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Social Security Number
Affiliate Portal Login Information
This is the information you will use in order to login to our affiliate portal to track commissions and download marketing material. This information can be edited once you have access to our systems
How many clients per month do your plan on referring?
Do you need to track the progress of your referrals?
Essential if your are in the mortgage industry or real estate industry where you plan to do business with your referrals once their credit has improved. You will be provided with an additional Affiliate portal just to track the improvement of your client's credit. Subject to our approval.
How did you hear about us?
Mercedes Enterprises Affiliate Agreement
THIS AGREEMENT and the referred materials contain the complete terms and conditions that apply to an individual or entity's participation in the Mercedes Enterprises INC, Affiliate Program (the "Program"). This Agreement is made and entered into between and among Mercedes Enterprises INC and you. As used in this Agreement, "we/us/our" means Mercedes Enterprises INC, and "you" means the affiliate applicant.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Mercedes Enterprises INC, BY SIGNING THE APPLICATION YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTOOD THE TERMS SET FORTH HEREIN, ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF.
1. ENROLLMENT IN THE AFFILIATE PROGRAM
To begin enrollment in the program you will have to submit a complete application. Upon submitting a complete application you will be granted provisional acceptance to the program. Such provisional acceptance may be revoked at any time for any reason or for no reason at all. At the sole discretion of Mercedes Enterprises INC. The following acceptance may be deemed unsuitable and be terminated (a) contain link(s) to nudity or pornography or promote sexually explicit materials; (b) promote violence; (c) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (d) promote illegal activities; (e) infringe intellectual property rights of ours, or otherwise violate the rights of any third party; (f) contain in our sole judgment material that is defamatory, fraudulent, or harassing to us or any third party; (g) Promote the use of any pyramid or similar schemes; (h) contain false or deceptive advertising or promises, guarantees or warranties of service provided by Mercedes Enterprises INC (i) engage in unsolicited email marketing or "spam" as determined by Mercedes Enterprises INC; or (j) purport to give legal advice.
Upon becoming an approved affiliate of the program you will be paid commissions based on one of the following program levels:
a) Bronze Affiliate Program: This program pays commissions of 15% on the first level from the signup fee only. The minimum client requirement is 1-10 clients per month.(This commission includes ONLY the client's case setup fee, NOT the monthly service fee or any deleted items fee).
b) Silver Affiliate Program: This program pays commissions of 15% on the first level and 5% on the second level from the signup fee only. The minimum client requirement is 11-30 clients per month. (This commission includes ONLY the client's case setup fee, NOT the monthly service fee or any deleted items fee).
c) Gold Affiliate Program: This program pays commissions of 20% on the first level and 5% on the second level from the signup fee only. The minimum client requirement is 31-50 clients per month. (This commission includes ONLY the client's case setup fee, NOT the monthly service fee or any deleted items fee).
d) Platinum Affiliate Program: This program pays commissions of 25% on the first level and 5% on the second level from the signup fee. The minimum client requirement is 51-100 clients per month.(This program also pays 15% Commissions from the deleted items where the client has made a payment).
You will ONLY be paid commissions if payment is received from client. In addition to all other terms and conditions, in order to remain in an affiliate program, you and must refer the required number of deals per month, no exceptions.
As an incentive to help Mercedes Enterprises INC disseminate information to the widest possible audience, we have developed the sub-affiliate program. A "sub-affiliate" is an Affiliate who becomes such by being referred to the program directly by you, also know as a level 2 affiliate. In order to be considered your sub-affiliate (level 2 affiliate), you must ensure that the sub-affiliate provides your Sales ID and/or NAME when signing up. THEY WILL NOT BECOME A SUB-AFFILIATE AND YOU WILL NOT BE CREDITED WITH SUB-AFFILIATE SIGN-UPS UNLESS THEY PROVIDE YOUR NAME AND/OR ID WHEN THEY SIGN UP. Mercedes Enterprises INC will not and cannot make an existing Affiliate of another marketing affiliate after the application is completed. WE HAVE EXTENSIVE TRACKING SOFTWARE IN PLACE TO DETER THIS.
4. COMMISSION SCHEDULE
All commissions earned under this program, including direct, performance bonuses, and sub-affiliate commissions will be made monthly, on a calendar month basis, paid by Mercedes Enterprises INC to you by the 15th of every month for all commissions earned for the prior month.
5. CANCELLATION OF SERVICES
In order to qualify for commissions, a client who successfully retains Mercedes Enterprises INC services must remain a client of Mercedes Enterprises INC for 31 (thirty one days). If a client cancels their services with Mercedes Enterprises INC within this 31 day window, all commissions and sub-affiliate commissions will be deducted from the amount owed to the qualifying affiliate and sub-affiliate. If the commissions have already been paid by Mercedes Enterprises INC to the Affiliate and/or sub-affiliate the amount(s) will be deducted from what is currently owed to the Affiliate and/or sub-affiliate. If no amount is owed to the affiliate and/or sub-affiliate the affiliate will be billed for the overpayment amount.
a. YOU MAY NOT WARRANTY, GUARANTEE OR OTHERWISE PREDICT THE OUTCOME OF ANY PARTICULAR MATTER RELATING TO THE SERVICES OF Mercedes Enterprises INC.
b. Mercedes Enterprises INC disclaims all liability for the matters stated in this section (6)
7. TRACKING OF SALES
Mercedes Enterprises INC will be solely responsible for tracking direct and sub-affiliate commissions.
8. WEBSITE INTERRUPTION
Mercedes Enterprises INC will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. As an Affiliate, You, agree not to hold Mercedes Enterprises INC liable for any of the consequences, including but not limited to lost commissions, as a result of such interruptions.
9. NON-EXCLUSIVE LIMITED LICENSE AND USE OF MARKS AND INTELLECTUAL PROPERTY
We grant you a non-exclusive, non-transferable, revocable right to use our logos, trade names, trademarks and similar identifying material (collectively "Mercedes Enterprises INC Marks") provided to you by us hereunder, solely for the purposes anticipated by this Agreement. You agree to use the Mercedes Enterprises INC marks in a manner that will not disparage Mercedes Enterprises INC or that otherwise portrays Mercedes Enterprises INC in a negative light. We reserve all of our ownership, intellectual property and any other rights in the Mercedes Enterprises INC Marks and confidential information, and any other materials or information associated with any of the foregoing. We may revoke the rights granted to you pursuant to this section at any time by giving you written or electronic notice. You shall not obtain any rights in or to the Mercedes Enterprises INC marks. The rights granted to you pursuant to this section shall terminate upon the effective date of the expiration or termination of this agreement.
10. CHANGE OF TERMS
Mercedes Enterprises INC reserves the right to change any conditions of this agreement at any time. Change notices are sent by email or written correspondence; marketing affiliates are responsible for complying with any changes to the agreement within 10 calendar days from the date of the change. Failure of the affiliate to terminate the agreement within those 10 calendar days will constitute acceptance of the changes to this agreement.
11. TERM OF THE AGREEMENT
The term of this Agreement will begin upon our acceptance of your application and will end when terminated by either party. Either you or Mercedes Enterprises INC may terminate this Agreement at any time and for any reason, with or without cause, by giving the other party written or electronic notice of termination. You are only eligible to earn commissions occurring during the term of this Agreement, and fees earned through the date of termination will remain payable only if the related transactions are not canceled or returned per section (5). We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon termination of this Agreement, (i) all licenses hereunder shall terminate, (ii) you shall immediately remove any links, icons, banners or other marks or intellectual property of Mercedes Enterprises INC from your site and (iii) section 13, 15 and 17 and this section will survive such termination.
12. RELATIONSHIP OF PARTIES
You and Mercedes Enterprises INC are independent contractors. You are providing Marketing services. Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales employee, 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 site or otherwise, that would reasonably contradict anything in this section.
13. LIMITATION OF LIABILITY
Mercedes Enterprises INC will not be liable to you or any other person or entity for any special, indirect, consequential or exemplary damages (including, without limitation any loss of revenue, profits, or data) arising in connection with this agreement or the program, even if we or any of our representatives have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this agreement and the program will not exceed the total fees and bonuses paid or payable to you under this agreement. All claims made hereunder by you against us shall be made within ninety (90) days of the act or omission, which forms the basis of such claims.
We make no express or implied warranties or representations with respect to the program or any services offered through the 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). Our web site or any other site sponsored by us in connection with this agreement will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors or termination of any services, products or this agreement.
15. INDEPENDENT INVESTIGATION
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 CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPLICITLY SET FORTH IN THIS AGREEMENT.
This agreement will be governed by the laws of the United States and the state of New York 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 Queens County, NY - and you irrevocably consent to the jurisdiction of such courts. 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.
17. COMPENSATION AND PAYMENT
All commissions will be paid by check and mailed to the address provided in the application. Please allow 7 to 11 business day for delivery.
If the person entering into this Agreement is acting on behalf of his or her company or organization, such person hereby represents to Mercedes Enterprises INC that he or she has all requisite power and authority to enter into this agreement on behalf of such company or organization, that this Agreement has been duly authorized by such company or organization and that this Agreement will constitute a legal, valid, and binding obligation of such company or organization. Such person hereby agrees to indemnify and hold harmless Mercedes Enterprises INC from any and all claims, damages and expense (including without limitation attorney's fees) arising from any breach of this section. If any provision of this agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected hereby. 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 be enforceable against, the parties and their respective successors and assigns.
By submitting this form you agree to the terms and condition stated on this document.
626 RXR Plaza, 6TH Floor
Uniondale, NY 11556