The NCRIES.Com Partner Application
To apply for our partner program, please read the Partner Agreement below and complete the following
form. We will review your application within one business day. Once you are accepted into the
program we will email you instructions on how to link to NCREIS.com and provide you with a
login to the partner support section of our web site. Items in bold are required.
PARTNER AGREEMENT
NCREIS.com is service of Murphy Consulting, Inc. 121 Valley Way, Pendergrass,
GA 30567. This Partner Agreement is between you and Murphy Consulting, Inc. for
the NCREIS.com web site.
1) Term of the Agreements: The term of this Agreement will begin upon our
acceptance of your Partner application and will end when terminated by either
party. Either you or we may terminate this Agreement at any time, with or
without cause, by giving the other party written notice of termination. You are
only eligible to earn referral fees on sales occurring during the term.
2) Modification: We may modify any of the terms and conditions contained in
this Agreement, at any time and in our sole discretion, by posting a change
notice or a new agreement on this site. Modifications may include, for example,
changes in the scope of available referral fees, fee schedules, payment
procedures 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
SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
3) 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 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 Program will not exceed the total referral
fees paid or payable to you under to this Agreement.
4) 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 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.
5) SPAM: NCREIS.com and Murphy Consulting, Inc. has a zero tolerance policy
for SPAM. Any Partner accused of SPAMMING will be immediately suspended while
Murphy Consulting, Inc., in their sole discretion, determines the validity of
the SPAM complaint. Valid SPAM complaints will result in the immediate
termination of your account and forfeiture of any commissions owed you.
6) Miscellaneous: This Agreement will be governed by the laws of the United
States of America and the State of Georgia. Any action relating to this
Agreement must be brought in the federal or state courts located in Georgia and
you irrevocably consent to the jurisdiction of such courts. 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. 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.
7) Payments: We shall pay 15% of collected revenues for sales of listings in
NCREIS.com. A commission will only be credited to a partner after the customer
has made full payment to Murphy Consulting, Inc. If a customer later requests a
refund or a chargeback is issued by the credit card holder whose credit card was
used to pay for that customer's account, any commissions that were credited will
be deducted from the next monthly payment. If there is no next monthly payment,
the partner will be billed and hereby agrees to be bound by law to reimburse
Murphy Consulting, Inc. in full for any such commissions. Payments will be
issued via check. Partners must have accumulated commissions of at least $50 for
a given month before payment will be issued. If commissions are less than $50
for a given month, the commissions will be held over till the next month. This
will continue until the commissions accumulate to more than $50. Commissions
shall be paid monthly on the 15th day of each month or the first working day
following the 15th if the 15th day falls on a weekend or holiday.
8) Linking: We will provide you with links, including URL addresses and
appropriate graphics (the Link Materials), with which you may link your Web site
to our Web site (www.NCREIS.com or such other Web site(s) as we may establish
from time to time). If you are an approved Partner, we grant you a non-exclusive
limited license solely to reproduce and use these Link Materials, including our
trademarks to the extent they are incorporated into these Link Materials, only
while you are a Partner and only in accordance with the terms and conditions of
this Agreement. You agree to display the Link Materials appropriately on your
Web site and to respect our trademarks, service marks, and other rights in the
Link Materials. You will use only these Link Materials to link your Web site to
ours, and you will not alter the look or feel of these Link Materials or of our
Web site in any way. You will use reasonable efforts to update to new versions
of Link Materials as we make them available.
9) Tracking: Murphy Consulting, Inc. will be solely responsible for tracking
sales using special software that communicates with the specially encoded URLs
assigned to partners. Murphy Consulting, Inc. will endeavor to do its best to
ensure accurate tracking of referrals made by partners. Partners will themselves
be solely responsible for ensuring that these special URLs are formatted
properly, a necessary prerequisite to accurate tracking of referral sales.
Notwithstanding the above statement of responsibility by Murphy Consulting, Inc.
to track sales, partners hereby acknowledge and accept that the tracking system
employed by Murphy Consulting, Inc. is not 100% fail-safe and that there may on
occasion be instances of referral sales made that are not credited to a partner
for any of the following possible reasons: Failure by the partner to use the
proper format of the specially assigned URL in promotions, web page links,
banner ads, and so on; deliberate or accidental actions by customers to
circumvent a partner's special URL so that our software is unable to accurately
track that sale; bugs, glitches or crashes of the tracking software that render
it unable to accurately track sales for a period of time; acts of nature that
cause irretrievable data loss on the computers and back-up disk media. We will
pay referral fees on NCREIS.com after the customer has re-entered our site
through the use of a cookie placed on the end user computer. If, through no
fault of ours, the cookie is removed or not allowed by the end user, that
customer's purchase may be tracked only if customer enters our site directly
through a link from your site. The cookie may expire at the end of 365 days or a
time period determined solely by Murphy Consulting, Inc., or if another partner
refers the customer to our site before ordering, but after a previous referral.
10) Relationships and Responsibilities: You will be solely responsible for
the following the development, operation, and maintenance of your site and for
all materials that appear on your site. For example, you will be solely
responsible for:
a. The technical operation of your site and all related
equipment.
b. The accuracy and appropriateness of materials posted on your
site (including, among other things, all product- related materials).
c. Ensuring that materials posted on your site do not violate
or infringe upon the rights of any third party (including, for example,
copyrights, trademarks, privacy, or other personal or proprietary rights).
d. Ensuring that materials posted on your site are not libelous
or otherwise illegal.
We disclaim all liability for these matters. Further, you will indemnify and
hold us harmless from all claims, damages, and expenses (including, without
limitation, attorneys' fees) relating to the development, operation,
maintenance, and contents of your site.
11) Relationship of Parties: Murphy Consulting, Inc. and your organization
are independent contractors, and nothing in this Agreement will create any
partnership, 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 site or otherwise, that reasonably would contradict
anything in this agreement.
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