Last Updated: 3/28/2019
By signing up as a ReachMail Affiliate, you’re agreeing to the provisions set forth herein, which will result in a legal agreement between you and ReachMail (“Agreement”). We’ll start with the basics, including a few definitions that should help you understand these provisions. ReachMail (“ReachMail,” “we,” or “us”) is an online marketing platform (the “Service”) offered that allows you to resell and promote ReachMail’s Service. Throughout this Agreement, "we," "us," and "our" refer to ReachMail, and "you," "your," and "yours" refer to the Affiliate.
You may apply for an Affiliate account by filling out an application through the Service. Your application must be approved by ReachMail for you to become an Affiliate. ReachMail reserves the right to refuse approval for any application without providing any reason(s) for refusing the approval. Once approved, the Affiliate must abide by the terms laid out in this agreement as well as the Privacy Policy, Terms of Service, and Acceptable Usage Policy. Violation of any of these agreements disqualifies the Affiliate for participation in the Affiliate Reseller program for ReachMail. Any policy explicitly outlined in this Agreement will supersede any policies listed in the aforementioned agreements.
When we approve you as an Affiliate and you accept the terms of this Agreement, the Agreement between Affiliate and ReachMail is formed, and the term of the Agreement (the “Agreement Term”) will begin. The Agreement Term will continue for as long as you have a ReachMail account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first.
PPS (Pay-per-sale)
Pay scale:
Minimum payment amount: $50. ReachMail reserves the right to hold payment until commissions accumulate to the minimum amount.
US Residents are required to submit a W-9 form as required by the Internal Revenue Service.
Any missing payments, regardless of method of transmission or cause of loss, are subject to a waiting period of one hundred eighty (180) days from issuance before a replacement may be generated. Checks are subject to a replacement fee of $25 per check, which will be deducted from the original payment amount. Should this deduction cause the total check amount to fall below the minimum payment threshold as outlined in the previous section the ReachMail reserves the right to withhold issuance until the threshold is reached in subsequent payment periods.
Any checks which can not be deposited due to date expiration, checks that have been returned to the Company for any reason, or incorrect email addresses provided for digital payments rejected by third-party provider may be re-issued upon request and are subject to a $25 reissue fee.
Checks will only be mailed to addresses in the United States.
Affiliates are prohibited from promoting the Service in such a manner that would reflect negatively on the ReachMail brand as assessed by ReachMail in its sole discretion. This may include but is not limited to:
Affiliates may not:
Affiliates are prohibited from keying in prospect's information into the signup form with the intent of misrepresenting or falsifying leads.
ReachMail Affiliates are rewarded for networking and bringing in new customers through their own marketing efforts. ReachMail prohibits Affiliates from utilizing their Affiliate link to refer their own customer account(s) to receive commission (“self referrals”). This also includes accounts that are not under their name but are paid for using a payment medium that they own. This includes forms of online payment (Credit/Debit cards) but also checks and money orders. Also prohibited are referrals for individuals of the Affiliate’s immediate family or household, or any other such relationship deemed problematic by ReachMail.
Either party may terminate this agreement with or without cause upon notice to the other party.
Upon termination of this Agreement, any amount earned by and due to Affiliate under Section 2 of this Agreement shall be paid to Affiliate according to the provisions of Section 2 of this Agreement. Affiliate will not be paid for any commissions that accrue after termination.
We will not be liable for any indirect, punitive, special, or consequential damages in relation to this agreement under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless ReachMail, our parent, subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (a) your marketing content or feedback; (b) your violation of this Agreement; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (d) you violation of any laws or regulations; (e) any misrepresentation made by you; or (f) a breach of any representations or warranties you’ve made to us. You agree to promptly notify us of any third-party Claims, cooperate with us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that ReachMail will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and ReachMail.
If we file an action against you claiming you breached the terms of this Agreement and we prevail, we’re entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.
You may not assign any of your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
This Affiliate Agreement will be governed by and construed and enforced in accordance with the laws of State of Illinois, without regard to conflict of law rules or principles (whether of Illinois or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Illinois and the United States, respectively, sitting in Cook County, Illinois.
If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
The failure of ReachMail to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Except as otherwise provided herein, this Agreement is intended solely for the benefit of the parties and is not intended to confer third party beneficiary rights upon any other person or entity.
We won’t be held liable for any delays or failure in performance under this Agreement, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power outages, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Website. Any notice to us will be effective when delivered to us: ReachMail Inc, 770 Legacy Place 2nd Floor, Dedham, MA 02026.
This Agreement makes up the entire agreement between you and ReachMail in relation to its subject matter and supersedes all prior agreements, representations, and understandings.
