ADVANCED AUTOTRADES AFFILIATE PARTNER PROGRAM AGREEMENT

Last update: September 12, 2024

This Affiliate Partner Program Agreement (“Agreement” or the “Advanced AutoTrades’ Affiliate Program”) is made by and between Harrington Trading LLC (“Advanced AutoTrades”) and any person or entity executing the registration form (the “Registration Form”) set forth in the registration page located at https://advancedautotrades.getrewardful.com/ (the “Affiliate”).

By executing the Registration Form the Affiliate is deemed to have agreed to be bound by all the terms and conditions set out in this Agreement as may be amended from time to time.

PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE EXECUTING THE REGISTRATION FORM.

1. Affiliate responsabilities

It is understood that the Affiliate will introduce Advanced AutoTrades’ services to their current and prospective customers and will comply with all laws, including those that govern email marketing and anti-spam laws.

The Affiliate will be fully responsible for any costs related to maintaining or marketing the Advanced AutoTrades’ Affiliate Program, including but not limited to costs associated with creation, hosting, modification, or improvements to the Affiliate’s website; cost of internet marketing; offline marketing costs; postage; and all other costs and expenses.

Advanced AutoTrades reserves the right to accept or reject any referred customers.

2. Nature of partnership

The Affiliate will act as an agent on behalf of Advanced AutoTrades by placing links on their website(s) or social media to direct traffic to Advanced AutoTrades’ website www.advancedautotrades.com. In addition, the Affiliate shall coordinate with Advanced AutoTrades to carry out successfully the marketing, publicizing, and promotion of Advanced AutoTrades’ services.

Any Affiliate Program may be amended or terminated at any time. Information about the Affiliate Program will be available at www.advancedautotrades.com/affiliate/. Accordingly, the Affiliate must keep themselves informed of any amendments to Affiliate Programs, particularly if a registered website has terminated its Affiliate Program or changed the conditions for remuneration to Affiliates.

3. Terms of the agreement

a) The term of this Agreement will begin upon the Affiliate’s registration.

b) The Affiliate is only eligible to earn commission fees on qualified purchases occurring after registration, and commission fees earned through the date of termination will remain payable only if the orders for the related services are not canceled and comply with all terms laid out in this Agreement.

c) Advanced AutoTrades will withhold the Affiliate’s payout of commission fees for 30 days to ensure that all qualified purchases are valid and payments from referred Advanced AutoTrades are in its sole discretion.

d) Any Affiliate who violates either this Agreement or the Advanced AutoTrades’ Terms and Conditions will immediately forfeit their right to all accrued commission fees and be removed from the Advanced AutoTrades’ Affiliate Program.

e) Without limitation, the Affiliate’s participation in the program and this agreement shall be deemed automatically terminated immediately and all commissions forfeited upon the Affiliate’s violation of any of the terms of this Agreement or any applicable law or regulation having the force of law.

4. Confidentiality

The Affiliate promises and agrees to hold any confidential information in strict confidence and trust for the sole benefit of Advanced AutoTrades, both during the term of this Agreement and at all times thereafter, and shall not use such confidential information for any purpose, whether or not for consideration, business or personal, other than as may be reasonably necessary for the performance of its duties according to this Agreement, without the Advanced AutoTrades prior written consent.

The Affiliate shall not disclose any confidential information to any person or entity, other than to such of its employees or consultants as may be reasonably necessary for purposes of performing its duties hereunder and have executed agreements of confidentiality no less protective than this Agreement without the Advanced AutoTrades’ prior written consent.

The Affiliate’s obligations include taking all actions necessary to ensure that any affiliates, employees, contractors, or agents abide by the terms of this section in their entirety.

Confidential information does not include information that

  1. is or becomes publicly known through lawful means;
  2. was rightfully in the provider’s possession or part of the Affiliate’s general knowledge before the effective date of this Agreement; or
  3. is disclosed to the Affiliate without confidential restriction by a third party who rightfully possesses the information (without confidential restriction) and did not learn of it, directly or indirectly, from Advanced AutoTrades.

5. Indemnification

The Affiliate hereby agrees to indemnify and hold harmless Advanced AutoTrades,

its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on:

  1. Any claim that our use of the Affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary rights of any third party.
  2. Any claim related to the Affiliate’s site, including, without limitation, its development, operation, maintenance, and content therein not attributable to Advanced AutoTrades.
  3. Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by the Affiliate herein.

6. Enrollment in the Affiliate Program

To register for the Advanced AutoTrades Affiliate Program, the recipient must complete and send a registration to Advanced AutoTrades. The Affiliate Program Registration is submitted through the website https://advancedautotrades.getrewardful.com/.

Advanced AutoTrades will evaluate the application and notify the Affiliate of their acceptance or rejection. Advanced AutoTrades may reject the application for any reason at their sole discretion.

Without limiting the ability to reject any application for any reason at Advanced AutoTrades’ absolute discretion, the Affiliate registration will be rejected if: 

  1. The Affiliate is under 18 years old.
  2. The application is incomplete.
  3. The Affiliate website or social media contains images or content that promotes violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  4. The Affiliate website or social media promotes illegal activities or is intended
    to harass or defame any person.
  5. The Affiliate website or social media intentionally includes variations or misspellings thereof in their domain names or otherwise violates Advanced AutoTrades´ intellectual property rights or the intellectual property rights of others.
  6. If Advanced AutoTrades rejects the Affiliate’s applicant registration, the Affiliate is welcome to reapply to the program at any time.
  7. However, if the Advanced AutoTrades accepts the application, they reserve the right to terminate the Affiliate’s participation in the program for any reason at their sole discretion immediately and without prior notice.

7. Modification

By participating in the Advanced AutoTrades’ Affiliate Program the Affiliate hereby accepts the terms and conditions of this Agreement as may be amended from time to time. If the Affiliate does not agree to such terms and conditions and/or any amendment thereto, the Affiliate does not participate in, use, or access Advanced AutoTrades’ Affiliate Program.

The Affiliate notes that Advanced AutoTrades reserves the right, in its sole discretion, to revise, modify, change, or remove portions of this Agreement at any time. The Affiliate checks periodically the terms and conditions of this Agreement on Advanced AutoTrades Affiliate’s internet website to review any changes to its terms.

The Affiliate’s participation in Advanced AutoTrades’ Affiliate Program, after Advanced AutoTrades has published on its websites any revised and/or amended form of this Agreement, shall constitute the Affiliate’s consent to the revised and/or amended Agreement.

If any modification is unacceptable to the Affiliate, their only option is to end this Agreement. Continued participation in the Advanced AutoTrades Affiliate Program following the change or new Agreement posting on our site will indicate your agreement to the changes.

8. Affiliate Payment

Advanced AutoTrades makes no representations or warranties regarding potential income that may result from the Affiliate Program.

Commissions will be paid to the Affiliate based on paying customers who access the Advanced AutoTrades website through the Affiliate’s link. 

Commissions will be based on gross sales price, not including any sales tax, late charges, and any other payment made to Advanced AutoTrades that is not the purchase price of the service.

The percentage paid as commissions is 20% recurring commission on all payments for paying customers the Affiliate refers to www.advancedautotrades.com. If the Affiliate refers 10 or more paying customers, the recurring commission will increase to 30% for all referred customers.

Payments are made automatically 30 days after the first payment and on the 15th day of each month. The Affiliate understands that the Advanced AutoTrades may change the payout amount at any time.

The Affiliate is responsible for determining if the payout information has changed or been discontinued. Advanced AutoTrades reserves the right to deduct the costs for any services that are refunded in the subsequent months, attributable to credit card fraud or bad debt write-off, or for any other reason if the previous commission was overpaid.

9. Severability

If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.

10. Applicable law

The laws of the United States will govern this Agreement, without reference to rules governing the choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in the state of Wyoming and the Affiliate irrevocably consents to the jurisdiction of such courts.

The Affiliate may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Advanced AutoTrades’ failure to enforce the Affiliate’s strict performance of any provision of this Agreement will not constitute a waiver of Advanced AutoTrades’ right to subsequently enforce such a provision or any other provision of this Agreement.

11. Termination of the agreement

Either the Affiliate or Advanced AutoTrades may terminate the Affiliate relationship at any time. The Affiliate is only eligible to earn Affiliate payments during their time as an approved Affiliate.

12. Entire Agreement

This Agreement sets forth the entire agreement and understanding between the Affiliate and Advanced AutoTrades relating to the subject matter hereof and thereof and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between the Affiliate and Advanced AutoTrades, written or oral, to the extent they relate in any way to the subject matter hereof.

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