Business Partner/Affiliate Operating Agreement

This agreement describes the entire terms and conditions for participation in The Agent Resource Center® Associates Program. In this agreement, the term "Participant" refers to you (the applicant), and "sponsoring website" refers to the website from which you will link to The Agent Resource Center®. Wherever the agreement refers to "you" or "your", it means "the Participant"; "we" or "our" refer to The Agent Resource Center® and the terms "product" or "products" refer to the Real Estate Success Book CD, Insider Secrets for Real Estate Professionals, Secrets of Selling a Home in 3 Hours or Less, The Art of Listing & Selling Luxury Homes, The Keep In Touch Newsletter Disk/Prospector Report, How to Conquer the Expireds, Top Secret Book and accompanying It's All in the Delivery CD, and the Ultimate Package for Realtors.

You can add or remove links at any time: You may add as many links to The Agent Resource Center®, or remove such links, at anytime and without prior approval from The Agent Resource Center®.

Referral Fee Qualifying Products: All products sold by The Agent Resource Center® originating from a special link or links at your sponsoring website qualify to earn you referral fees. The following products will be considered "qualifying products":

Products that meet the following criteria: Products sold to customers who follow a special link from your sponsoring website to our site and submit that order by using The Agent Resource Center® order forms, telephone, fax, or mailing address.

The following products will NOT be considered qualifying courses for referral fees:

Products sold through any other special link to our site other than the specific URL's that you are assigned to your sponsoring website.

Referral Fee Amount: The purchase price of referral fee qualifying products will count toward the total sales during the calendar month in which such products are sold. Only qualifying products that are sold by The Agent Resource Center®, shipped/sent to a customer and for which The Agent Resource Center® has received full payment will qualify for a referral fee.

The total of such sales in any given month will generate referral fees, based upon the applicable flat rate referral fee, according to the following schedule:

Real Estate Success Book CD: $40.00 referral fee for online, mail, fax, or phone orders. If you sell 20 CD's during a 30-day month at $99.95 each, that's $2,000 in sales and your referral fee is $800.

Insider Secrets for Real Estate Professionals: $12.00 referral fee for online, mail, fax, or phone orders.

Secrets of Selling a Home in 3 Hours or Less: $12.00 referral fee for online, mail, fax, or phone orders.

The Art of Listing & Selling Luxury Homes: $14.00 referral fee for online, mail, fax, or phone orders.

The Keep In Touch Newsletter Disk/Prospector Report: $18.00 referral fee for online, mail, fax, or phone orders.

How to Conquer the Expireds: $14.00 referral fee for online, mail, fax, or phone orders.

Top Secret Book and companion CD, It's All in the Delivery: $25.00 referral fee for online, mail, fax, or phone orders.

Ultimate Package for Realtors: Includes all of the items listed above - $100 referral fee for online, mail, fax, or phone orders.

Referral Fee Payment: The Agent Resource Center® will send a referral fee check for the applicable referral fee approximately 5 - 10 days after the 1st of each calendar month.

Referral Fees:

Returns and Cancellations: If a referral fee qualifying course is later returned by the customer, its referral fee will be deducted from the next monthly payment sent to the Participant. If there is no next monthly payment, the Participant will be billed.

Order Processing: The Agent Resource Center® will be solely responsible for processing every order placed by a customer following a special link from your sponsoring website. Order entry will use The Agent Resource Center® secure online ordering process, The Agent Resource Center® phone or fax line, or The Agent Resource Center® mailing address. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of The Agent Resource Center®.

All of the rules, operating procedures and policies of The Agent Resource Center® regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring website. The Agent Resource Center® reserves the right to reject any order that does not comply with our rules, operating procedures and policies.

Tracking Sales: The Agent Resource Center® will be solely responsible for tracking sales we make to customers who follow special links from the sponsoring website. The Participant will be solely responsible for ensuring that these special links are formatted properly, a necessary prerequisite to tracking such sales. Statements of course sales activity will be provided to the Participant in realtime with a special URL that they are assigned.

Promotional Techniques: You are free to promote the link to ARC in all the ways we recommend in the introduction email letter you receive by email immediately after you sign up. Examples of acceptable ways to promote the course are: through banners, text links, letters of recommendation to newsletters subscribers or your client base. However, if you use SPAM (in any way, shape or form, including email and newsgroup spamming), or offer the course on any WAREZ, CRACK, or SPAM oriented site, your account will be immediately terminated! Any referral fees not paid up to the point of termination will not be paid to you and will be property of The Agent Resource Center®.

As well, if you choose to promote The Agent Resource Center® SubReseller Program, it can only be promoted as a two-tier business opportunity. This program is not a MLM (multi-level marketing) opportunity and as an affiliate, you cannot promote it as MLM. If you promote The Agent Resource Center® Affiliate Program as MLM your account will be immediately terminated. Any referral fees not paid up to the point of termination will not be paid to you and will be property of The Agent Resource Center®.

References/Testimonials: You agree to cooperate with The Agent Resource Center® in the development of joint press releases and testimonials. You further agree that you will allow us to use your company name in marketing collaterals and make reference to you on our website.

Partners Signing-Up Under Themselves: We will not tolerate current partners/affiliates signing themselves up as sub-associates under their own assigned referral number in order to generate the additional commissions for their own sales. We have extensive tracking software in place to deter this. If we find that this ever the case, the account(s) in question will be immediately terminated and any referral fees unpaid since our last referral payout will remain sole property of The Agent Resource Center®. As you can see, it's not worth trying!

Copyrighted material: As the Participant, you are solely responsible for ensuring that your reviews, course descriptions and articles (if applicable at your site) obey all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. The Agent Resource Center® will not be responsible if you use another party's copyrighted material in violation of the law.

The Agent Resource Center® policy applies to all orders: Every customer who buys a product through this program is deemed to be a customer of The Agent Resource Center®. The Participant does not have the authority to make or accept any offer on behalf of The Agent Resource Center®. All The Agent Resource Center® policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. The Agent Resource Center® is not responsible for any representations made by the Participant which contradict our policies.

Product prices and availability: The price charged for every product sold under this program will be determined by The Agent Resource Center® according to our own pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed on The Agent Resource Center® webpage linked from your sponsoring website.

Product availability can change, and the Agent Resource Center® will present the best information available to all sponsoring sites and its clients regarding product availability.

Website service interruption: The Agent Resource Center® will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to hold The Agent Resource Center® liable for any of the consequences of such interruptions.

Trademarks, Trade Names, & Patents: You hereby recognize our right of ownership of all Trademarks, Trade Names, and Patents associated with these services. You will act consistently with these rights and act to preserve them in the course of marketing and sales of these services. We grant you the right to our Trademarks and Trade Names in connection with marketing and sales of these services.

Term of the Agreement: The Participant may receive referral fee payments on qualifying orders that are placed during the term of this agreement. This term will begin on the date that your application is approved by The Agent Resource Center®, and shall end when canceled by either party as provided below.

Referral Fees earned through the date of expiration or cancellation of this agreement will remain payable only if the products are not returned or canceled from their orders. Payment of the final referral fee payment to the Participant may be withheld for a reasonable time in order to ensure that the correct amount is paid.

The agreement may be modified: The Agent Resource Center® reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on our website.

Cancellation of this agreement: Either The Agent Resource Center® or the Participant, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other.

"Legalese" only lawyers can understand -but it's part of the agreement:

Warranty Disclaimer: The Agent Resource Center® makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in The Agent Resource Center®'s then current product sales policies, any products sold thereunder, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.

Limitation of Damages: The Agent Resource Center® shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if The Agent Resource Center® has been advised of the possibility of such damages. Further, The Agent Resource Center®'s aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total referral fees paid or payable by The Agent Resource Center® to Participant under this agreement.

Miscellaneous: Participant and The Agent Resource Center® are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of The Agent Resource Center®. Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns.

Governing Law: This agreement shall be governed by the laws of the United States and Canada without reference to its choice of law principles.

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If you experience any problems, please send an e-mail to our Business Partner Desk.