Affiliate Terms of Service Agreement for Arbitrageclub.com
Preamble: This Agreement delineates the terms and conditions governing the Affiliate Program provided by Arbitrageclub.com. By accessing and utilizing our services, parties hereto, in consonance with Florida statutes, acknowledge the stipulations hereof and unconditionally bind themselves thereto.
Article 1: Definitions For purposes of this Agreement:
1.1 "Affiliate" shall mean any natural or juridical entity which, through the utilization of Arbitrageclub.com’s services, undertakes promotional activities with a view to refer potential users to Arbitrageclub.com.
1.2 "Referral User" shall refer to any natural or juridical entity who, acting upon the recommendation of an Affiliate, engages with the services or products proffered by Arbitrageclub.com.
1.3 "Commission" denotes the pecuniary compensation accruing to the Affiliate pursuant to a successful referral as per the stipulations set forth herein.
1.4 "Non-Compete Period" signifies the temporally demarcated duration post the termination of this Agreement during which the Affiliate is proscribed from engaging in activities competing with those of Arbitrageclub.com.
Article 2: Commission Structure
2.1 The Commission attributable to the Affiliate shall be determined by a predefined structure, particulars whereof shall be accessible to the Affiliate via the Arbitrageclub.com platform or communicated directly thereto.
2.2 Arbitrageclub.com retains the unilateral right to amend, modify, or alter the Commission structure at any time and for any reason. Affiliates will be notified of such changes, and continued association post-notification implies assent thereto.
Article 3: Payment Modalities
3.1 Arbitrageclub.com shall disburse Commission payments on a monthly cadence. The Affiliate is enjoined to ensure the veracity of payment information lodged with Arbitrageclub.com to obviate payment discrepancies.
3.2 Disbursements shall be effectuated upon achieving a stipulated minimum threshold.
Article 4: Referral Attestation Mechanism To effectuate veracious and traceable referrals, Affiliates shall be furnished with distinct tracking hyperlinks and promotional collateral. It is incumbent upon the Affiliate to judiciously employ these tools to ensure unerring attribution.
Article 5: Non-Competition Covenant In alignment with Florida's restrictive covenant statutes under Fla. Stat. § 542.335:
5.1 For the duration of this Agreement and for a subsequent Non-Compete Period of twelve (12) months, the Affiliate undertakes not to, directly or indirectly, establish, promote, or associate with any entity or enterprise which directly vies with the business interests of Arbitrageclub.com, save for instances where Arbitrageclub.com has granted express written dispensation.
5.2 A contravention of this Article may beget immediate cessation of this Agreement and potential forfeiture of accrued Commissions.
Article 6: Non-Exclusivity Assurance Arbitrageclub.com's relationship with its Affiliates is based on non-exclusivity. Arbitrageclub.com retains the autonomy to associate, engage, or contract with any other affiliates or entities at its discretion.
Article 7: Ethical Marketing Mandates Affiliates are enjoined to eschew deceptive practices, ensuring that their promotional strategies align with prevailing legal and ethical standards.
Article 8: Termination Prerogative Arbitrageclub.com retains the unilateral prerogative to terminate this Agreement at its sole discretion, irrespective of whether the Affiliate is in breach of the stipulations hereof or not. Upon such termination, any unpaid Commission shall be disbursed to the Affiliate unless the termination was due to a breach of this Agreement by the Affiliate.
Article 9: Amendment Clause Arbitrageclub.com reserves the right, at its discretion, to modify the stipulations hereof. Affiliates shall be duly notified of any such modifications and continued association post-notification implies assent thereto.
Article 10: Limitation of Liability Arbitrageclub.com’s liability under this Agreement shall be circumscribed to direct and proven damages and shall not extend to indirect, incidental, or consequential damages. Notwithstanding anything to the contrary herein, the aggregate liability of Arbitrageclub.com under this Agreement shall at no time exceed the total Commission payable to the Affiliate.
Article 11: Governing Law & Jurisdiction This Agreement is construed under and shall be governed by the laws of the State of Florida. Any disputes arising herefrom shall be adjudicated exclusively in the competent courts of Florida.
By virtue of accessing and utilizing Arbitrageclub.com’s services, parties hereto signify their unreserved acceptance of the stipulations contained herein.