To process commission payments PitBullTax
requires you to submit Form W-9, Request for Taxpayer Identification Number and
Certification.
- 1. Click here to download/print out Form W-9
- 2. Upload completed and signed Form W-9 here
- Or Fax completed and signed Form W-9 to 954-607-5812
* Please note that commission payment check
will not be sent out unless PitBullTax receives a completed and signed Form
W-9.
PitBullTax Affiliate Program Terms of Service
THIS AFFILIATE PROGRAM AGREEMENT IS A LEGAL
AGREEMENT BETWEEN YOU (“AFFILIATE”) AND NEGOTIATION TECHNOLOGIES, LLC
(“PITBULLTAX” OR “COMPANY”). AFFILIATE WISHES TO INCLUDE CERTAIN MATERIALS
PROMOTING COMPANY AND TO INCLUDE A LINK TO COMPANY´S WEBSITE WITHIN
MATERIALS ON AFFILIATE´S WEBSITE IN EXCHANGE FOR COMMISSION AS DEFINED BELOW
(“AFFILIATE PROGRAM”). BY REGISTERING FOR AND PARTICIPATING IN OUR AFFILIATE
PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT
AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT SIGNUP FOR OR PARTICIPATE IN
THE PROGRAM.
-
Promotional Materials.
Company shall make available to
Affiliate certain banner advertisements, button links, text links,
and/or other graphic or textual material for display and use on the
Affiliate website (the “Promotional Materials”).
Affiliate shall display the Promotional Materials on Affiliate´s website
prominently and as Affiliate sees fit, provided that the manner of
display shall be subject to the terms and conditions of this Agreement.
Affiliate shall also include a link from the Promotional Materials to
Company´s website, as specified by Company.
-
Use of Promotional Materials.
The Affiliate´s use and display
of the Promotional Materials on the Affiliate´s site shall conform to
the following terms, conditions and specifications:
- Affiliate may not use any graphic, textual or
other materials to promote Company´s website, products or
services other than the Promotional Materials, unless Company
agrees to such other materials in writing prior to their
display.
- Affiliate may only use the Promotional Materials
for the purpose of promoting Company´s website (and the products
and services available thereon), and for linking to Company´s
website.
- The Promotional Materials will be used to link
only to Company´s website and to the specific page and address
as specified by Company.
- Affiliate will not alter, add to, subtract from,
or otherwise modify the Promotional Materials as they are
prepared by Company. If Affiliate wishes to alter or otherwise
modify the Promotional Materials, Affiliate must obtain prior
written consent from Company for such alteration or
modification.
-
License.
Company hereby grants to Affiliate a nonexclusive,
terminable, nontransferable license (the “License”) to
use the Promotional Materials as specified under the terms and
conditions of this Agreement. The term of the License shall expire upon
the expiration or termination of this Agreement.
-
Intellectual Property.
Company retains all right, ownership,
and interest in the Promotional Materials, and in any copyright,
trademark, or other intellectual property in the Promotional Materials.
Nothing in this Agreement shall be construed to grant Affiliate any
rights, ownership or interest in the Promotional Materials, or in the
underlying intellectual property, other than the rights to use the
Promotional Materials granted under the License, as set forth in Section
3.
-
Relationship of Parties.
This Agreement shall not be
construed to create any employment relationship, agency relationship, or
partnership between Company and Affiliate. Affiliate shall provide
services for Company as an independent contractor. Affiliate shall have
no authority to bind Company into any agreement, nor shall Affiliate be
considered to be an agent of Company in any respect.
-
Affiliate Portal.
“Affiliate Portal” means the
Affiliate-designated ID/security-enabled control panel in which the
Affiliate can access Affiliate information, including:
- Banners and links to be placed on Affiliate´s media sources;
- Promotional emails;
- Website traffic statistics;
- Sales statistics;
- Payment history; and
- Business forms.
-
Commissions.
In exchange for Affiliate´s display of the
Promotional Materials, and for Affiliate´s compliance with and
performance of the terms and conditions of this Agreement, Company shall
pay to Affiliate a commission, an amount more particularly described in
Schedule A, attached hereto, for each
license sold to a user that registered with Company through a link on
Affiliate´s website, through a link in Affiliate´s email message, or
through marketing material such as, but not limited, to a promotional
code from Affiliate´s brochure (the “Commission”).
- Company may, in its sole discretion, modify or
revise Schedule A any time, and you agree to be bound by such
modifications or revisions. Your continued participation in the
Affiliate Program following any such change will constitute
acceptance of the change.
- Company shall keep accurate and up-to-date records
of the data used to determine the total amount of Commissions
owed to Affiliate. Affiliate shall be provided access to their
accounting records on the Affiliate Portal. Any discrepancy
between the amount of Commissions owed according to these
records, and the actual amount of Commissions paid to Affiliate
in any period or periods shall be rectified by Company within
thirty (30) days of discovering such discrepancy.
- Company shall pay all Commissions accrued and
payable to Affiliate within 15 days of the first day of each
month (the “Commission Payment Date”). If, on
any Commission Payment Date, the amount of total Commissions
accrued and payable to Affiliate is less than $30.00 then such
accrued and payable balance shall be held over to the following
month, and paid together with the Commissions due for that
month. If at any time, the balance of accrued and payable
Commissions is held over for 2 consecutive months, then Company
shall pay all accrued and payable Commissions to Affiliate in
the third month, regardless of the total amount owed.
- In the event that Affiliate materially breaches
this Agreement and Company terminates this Agreement within 30
days of discovery of such breach, then any accrued and payable
Commissions owing to Affiliate shall be forfeited, and Company
shall not be obligated to pay such Commissions to Affiliate.
- If user does not make a license purchase during
their first visit to Company´s website or through an email link,
but purchases a license within thirty (30) days from users first
visit or email link, Affiliate shall receive a Commission.
However, if license purchase is made after 30 days from the
first visit, Affiliate shall not receive a Commission.
-
Affiliate´s Representations and Warranties.
Affiliate
represents and warrants the following:
- Affiliate has the legal authority to enter into this Agreement
and to be bound to the promises, covenants, and other duties set
forth in this Agreement.
- Affiliate´s website does not contain content that transmits
computer viruses, malware, adware, spyware, Trojan horse, worms
or other harmful component of reproductive or non-reproductive
nature.
- Affiliate´s website does not contain any materials that are:
- Sexually explicit, obscene, or pornographic;
- Offensive, profane, hateful, threatening, harmful,
defamatory, libelous, harassing, or discriminatory
(whether based on race, ethnicity, creed, religion,
gender, sexual orientation, physical disability, or
otherwise);
- Graphically violent, including any violent video game
images;
- Solicitous of any unlawful behavior; or
- Transmits computer viruses, malware, adware, spyware,
Trojan horse, worms or other harmful component of
reproductive or non-reproductive nature.
- Affiliate has obtained any necessary clearances, licenses, or
other permission for any intellectual property used on
Affiliate´s website. Nothing on Affiliate´s website infringes
upon the intellectual property rights of any person or entity.
No person or entity has brought or threatened an action claiming
such infringement, nor does Affiliate have any reason to believe
that any person or entity will bring or threaten such a claim in
the future.
- Affiliate will not use the Promotional Materials in any manner
other than those set forth in Section 2 above.
- Affiliate will not make any claim to ownership of the
Promotional Materials, or of the copyright, trademark, or other
intellectual property therein.
- Affiliate will not publish or otherwise distribute any
advertising materials for Affiliate´s website that reference
Company or Company´s website unless Company gives prior written
consent to the distribution of such materials. Affiliate will
not use Company´s name (or any name that is confusingly similar
to Company´s name) for any purpose on its website, in its
promotional materials, or in any other context except to promote
Company´s website as specified in this Agreement. Affiliate will
not register any domain name that incorporates Company´s name,
or that is confusingly similar to Company´s name.
- Affiliate will not engage in the distribution of any unsolicited
bulk emails (spam) in any way mentioning or referencing Company
or Company´s website.
-
Relationship of Parties.
Nothing in this Agreement will
create any partnership, joint venture, agency franchise, sales
representative, or employment relationship between the Parties.
Affiliate will have no authority to make or accept any offers or
representations on Company´s behalf. Affiliate will not make any
statement, whether on your site or otherwise, that reasonably would
contradict anything in this Section. Affiliate is not an agent of
Company and the Company expressly disclaims responsibility for any
conduct by you in violation of the Agreement.
-
DISCLAIMER OF WARRANTIES. WE MAKE NO EXPRESS OR
IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE AFFILIATE
PROGRAM OR ANY PRODUCTS SOLD THROUGH THE PROGRAM (INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR
ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING
OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE
OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL
NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
NEITHER PARTY SHALL BE LIABLE TO FULFILL ITS OBLIGATIONS HEREUNDER, FOR
DELAYS IN PERFORMANCE, DUE TO CAUSES BEYOND ITS REASONABLE CONTROL,
INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, ACTS OR OMISSION OF CIVIL OR
MILITARY AUTHORITY, FIRES, STRIKES, FLOODS, EPIDEMICS, RIOTS OR ACTS OF
WAR.
-
LIMITATION OF LIABILITY.
IN NO EVENT SHALL
EITHER PARTY BE LIABLE TO THE OTHER, OR TO ANY THIRD PARTY, FOR CLAIMS
ARISING UNDER THIS AGREEMENT, FOR CONSEQUENTIAL, EXEMPLARY, INDIRECT,
SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT
LIMITATION, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS OR LOST
BUSINESS, WHETHER FORESEEABLE OR UNFORESEEABLE. THE FOREGOING
LIMITATIONS SHALL APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE,
INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY,
NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS.
FURTHERMORE, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS
AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSION
PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.
-
Indemnification.
Affiliate shall indemnify Company and hold
harmless Company from any claim, damage, lawsuit, action, complaint, or
other costs arising out of any breach of Affiliate´s warranties set
forth in Section 8 above. Affiliate shall also indemnify and hold
harmless Company for any damage, loss or other cost arising out of the
use or misuse by Affiliate of the Promotional Materials.
-
Confidentiality.
Any information that Affiliate is exposed to
by virtue of its relationship with Company under this Agreement, which
information is not available to the general public, shall be considered
to be (“Confidential Company Information”). Affiliate
may not disclose any Confidential Company Information to any person or
entity, except where compelled by law, unless Affiliate obtains prior
written consent for such disclosure from Company.
-
Changes to Affiliate Agreement.
Although we may attempt to
notify you when changes are made to this Agreement, you should
periodically review the most up-to-date version posted on the Website.
Company may, in its sole discretion, modify or revise the Agreement at
any time, and you agree to be bound by such modifications or revisions.
Your continued participation in the Affiliate Program following any such
change will constitute acceptance of the change.
-
Termination.
Either party may terminate this Agreement at any
time, with or without cause, by giving the other party written notice of
termination. If this Agreement is terminated, you will immediately cease
use of, and remove from your site, all links to our site, and all of
Company´s trademarks, trade dress, logos, and all other materials
provided by or on behalf of us to you in connection with the Affiliate
Program. All Commissions earned through the date of termination will
remain payable only if the related orders are not cancelled or returned.
We may hold your final payment for a reasonable time to ensure the
correct amount is paid.
-
Taxes.
Company shall not be responsible for any taxes owed by
Affiliate arising out of Affiliate´s relationship with Company as set
forth in this Agreement. Company shall not withhold any taxes from the
Commissions paid to Affiliate.
-
Governing Law.
This Agreement shall be construed in
accordance with, and governed in all respects by, the laws of the State
of Florida, without regard to conflicts of law principles.
-
Counterparts.
This Agreement may be executed in several
counterparts, each of which shall constitute an original and all of
which, when taken together, shall constitute one agreement.
-
Severability.
If any part or parts of this Agreement shall be
held unenforceable for any reason, the remainder of this Agreement shall
continue in full force and effect. If any provision of this Agreement is
deemed invalid or unenforceable by any court of competent jurisdiction,
and if limiting such provision would make the provision valid, then such
provision shall be deemed to be construed as so limited.
-
Headings.
The headings for section herein are for convenience
only and shall not affect the meaning of the provisions of this
Agreement.
-
Entire Agreement.
This Agreement constitutes the entire
agreement between Company and Affiliate, and supersedes any prior
understanding or representation of any kind preceding the date of this
Agreement. There are no other promises, conditions, understandings or
other agreements, whether oral or written, relating to the subject
matter of this Agreement.
Schedule A
to the PitBullTax Affiliate Program Terms of Service
Commission Type: Pay-Per-Sale according to the following schedule
PitBullTax 1-Time
Use License
|
$197.00 |
$30.00 |
N/A |
PitBullTax
Single-User License
|
$797.00 |
$100.00 |
$25.00 |
PitBullTax
Multi-User License
|
Starting from $1,597.00 |
$200.00 -
$300.00
|
$50.00 - $75.00 |
*Residual commission on renewal is paid only
if the original license has been renewed. Single-User and Multi-User
licenses are renewed annually.