| Realtor Affiliate Program Terms |
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This Agreement contains the terms and conditions pertaining to your participation as a BestContractors.com Affiliate. In this Agreement, "we" or "our" refers to BestContractors.com, part of BestContractors.com, Inc., and "you" refers to an "Affiliate." We will hereafter use "you" and "Affiliate" interchangeably. This Realtor Affiliate Program has been developed to provide an attractive incentive for realtors to provide home improvement project requests to BestContractors.com, Inc. In exchange for these leads, BestContractors.com, Inc. will make contributions on behalf of the Affiliate to a local charitable organization of the Affiliate's choosing. This Agreement also provides the processes in which to establish the tools necessary to provide and report on these project requests. 1. BestContractor.com's Responsibilities:
To begin, complete the online application via our site. We will automatically accept you into our program. However, we reserve the right to reject your application at anytime and for whatever reason we deem necessary. Possible reasons for rejection include, but are not limited to, sites we find to contain sexually explicit, violent, discriminatory, or containing illegal content. If your site is rejected, you may reapply at any time. Once again, we will verify that your site is in compliance with our standards. BestContractors.com employees and their immediate family members are not eligible to participate in this affiliate program, nor be employed by or receive any compensation to assist an affiliate site outside the normal scope of employment. 4. Web Elements on Affiliate's Site Affiliate will provide 'Find a Local Contractor' web elements or ones with similar or like language on Affiliate's website(s) to drive homeowners to the BestContractors.com's site which will be created through our BestContractors.com Affiliate Profile Manager link system defined in Addendum A. These links will allow visitors to search our databases. The web elements may take the form of static tiles, banner ads, forms, or links. Affiliate must register all sites that will include the BestContractors.com web element with the Affiliate Profile Manager prior to placement of the link. Visitors to your site must clearly understand that clicking on the BestContractors.com-approved web elements will take the visitor to BestContractors.com. We will provide Affiliate with technical specifications describing how to include the web elements on Affiliate's sites. We will also provide the graphics needed for Affiliate's site. Affiliate may not represent BestContractors.com or use its trademarks, logos or other branding in any manner other than providing approved web elements or Approved Content without expressed written consent of an officer of BestContractors.com. All reasonable requests will not be unfairly withheld. (See Addendum A) 5. Homeowner Project Referrals Affiliates accrue philanthropic donation credit ("Credit") as projects are submitted by homeowners. Each confirmed homeowner project referred/submitted through a web element from your website will accrue a $10 Credit which will be contributed to the charitable organization of the Affiliate's choosing. A project is considered confirmed by BestContractors.com if it is deemed to contain a legitimate name, phone number, email address, and is in an open market at a minimum. These items are verified through various means including but not limited to: Google searches, phone calls and/or emails at the discretion of BestContractors.com. All reasonable submissions will be credited and all notes in the confirmation process will be accessible to the affiliate through our secure Affiliate Profile Manager login and reporting solution in real-time. 6. Philanthropic Donation
We will provide graphic images and/or approved web elements for efficient connectivity to our site. These web elements will be put on your sites and will connect the appropriate individuals to the proper BestContractors.com destinations. Affiliate will be responsible for upkeep of these items on your site and dedicate a reasonable "best-effort" to maintain their efficacy. 8. Limited License Affiliate has a nonexclusive, limited, revocable right to use our icon and other like images only for the purpose of identifying your site as an Affiliate and to generate homeowner projects or service professional subscription sales. Affiliate may not modify any of our images. We reserve all rights for the icon, our trade names and trademarks. We may revoke Affiliate's license at any time by giving you written notice. 9. Responsibility for Affiliate's Site Affiliate will be solely responsible for the development, operation, contents, and maintenance of Affiliate's site. We take no responsibility for content or functionality of Affiliate's site. 10. Relationship of Parties Nothing in this Agreement creates a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 11. Limitation of Liability We are not liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program. 12. Disclaimers We cannot guarantee that our site will be uninterrupted or error-free, and we will not be liable for any consequences arising from any interruptions or errors. 13. Terms and Conditions The term of this Agreement will take effect upon our acceptance of your Affiliate application. Upon one-week's notice, BestContractors.com may change, suspend or discontinue any aspect of any service feature delivered, database, or other content. IF ANY PORTION OF THIS AGREEMENT OR ANY FUTURE MODIFICATIONS TO THIS AGREEMENT ARE UNACCEPTABLE TO THE AFFILIATE, OR CAUSE THE AFFILIATE TO NO LONGER BE IN COMPLIANCE WITH THE AFFILIATE AGREEMENT, THE AFFILIATE OR BESTCONTRACTORS.COM MAY CANCEL THE AGREEMENT, WITH OR WITHOUT CAUSE, BY GIVING THE OTHER PARTY WRITTEN NOTICE OF TERMINATION ON A SPECIFIED DATE. AN AFFILIATE'S CONTINUED USE OF THE SERVICE CONSTITUTES A BINDING ACCEPTANCE BY THE AFFILIATE. 14. Miscellaneous This Affiliate Agreement has been made in and shall be construed and enforced in accordance with Colorado law. Any action to enforce this agreement shall be brought in the federal or state courts located in Denver. This contract, together with the addenda issued thereto by BestContractors.com, the proposal submitted by the Affiliate in response to the Affiliate Program, and any exhibits specifically incorporated herein by reference, constitute the entire agreement between the parties with respect to the subject matter.
Contact Information: BestContractors.com, Inc. Attn: Affiliate Program 2701 Larimer St. #3 Denver, CO 80205 affiliates@BestContractors.com; (303) 629-8320
Addendum A Indicia Standards of Use This Standards of Usage contains the guidelines for using BestContractors.com affiliate links from your website to www.BestContractors.com. In this agreement, "we" or "our" refers to BestContractors.com, part of BestContractors.com, Inc, and "you" refers to an "Affiliate." We will hereafter use "you" and "Affiliate" interchangeably. Intent of use The BestContractors.com indicia are to be used to show that you are a member of the affiliate network and/or to promote BestContractors.com and/or endorse your support for the services offered. "Indicia" is to be known as the brand name BestContractors.com and all logos, graphics and templates created by BestContractors.com and lent to the affiliate. Do not use any of the indicia to disparage BestContractors.com and any of its products/services or to promote goods or services that, in the opinion of BestContractors.com, may diminish or otherwise damage goodwill in the brand. This includes, but is not restricted to, uses which could be regarded as obscene, pornographic or otherwise in poor taste or unlawful, or which may be commonly interpreted to suggest unlawful activities. Do not imitate or modify the appearance of these logos in any of your materials, including advertising, product packaging and promotional materials. Do not use indicia in any manner that would imply BestContractors.com sponsorship or endorsement of your products, services or Internet site without expressed written consent of an officer of BestContractors.com. Use of our indicia does not imply BestContractors.com will provide a reciprocal link back to your site. We reserve the right to consider reciprocal links on a case-by-case basis. Presentation
An officer of BestContractors.com will supply the affiliate with any of the indicia needed to participate in the affiliate program. Indicia obtained from any other source will be considered in violation of this agreement and may result in the revocation of your privilege to use the indicia. Links to BestContractors.com An officer of BestContractors.com will supply the affiliate with links including special tracking code to track affiliate credits. It is the affiliate's responsibility to ensure your site is properly formatted and working. You agree, upon placement of indicia on your active website, to notify us of the exact page URLs where the indicia reside. Alterations to These Guidelines BestContractors.com reserves the right to change the appearance of its indicia and/or to change the Standards of Usage or to terminate your right to use the indicia at any time based solely on our discretion. Any use of BestContractors.com indicia that is not consistent with the aforementioned guidelines is strictly prohibited. Cancellation of Usage BestContractors.com reserves the right to review your use of any indicia. Disregard for the Standards of Usage may result in a revocation of your right to use the indicia, and with it all benefits enjoyed through participation in the affiliate program. Third parties improperly using the indicia must correct any deficiencies in their use upon reasonable notice from BestContractors.com. Refusal to correct such deficiencies may result in revocation. * Samples are not shown to scale. |