Definitions
We, Us, Our, Hunter-Broker, Bringing Reason To Real Estate, network: Hunter-Broker, a licensed California Real Estate Broker, and affiliated/controlled entities
You, Your, Affiliate: You, and your affiliated/controlled entities.
Multi-Level: Finder fee payments are made to the actual referrer, as well as the recruitment chain 9 levels above. Our unusually high payout is distributed over 10 levels (smallest payout being $100, and the largest currently being $5,000 to the actual direct referrer).
This spreading of the payout across 10 levels (see sign-up site for details) balances the relatively lower payout frequency and the higher payment amount.
Although the system is multi-level, it has none of the annoyances of typical multi-level programs. Specifically, in our Affiliate program, there are no costs to join, no costs to remain a member, and no annoying monthly sales requirements to remain active.
In fact, the only ongoing requirement (besides compliance with the below rules and regulations of the Affiliate network) is that you agree to receive administrative and informational emails from us from time to time (primarily so we can advise you of potential payments and changes to the network program).
Note: Your name and your email will be displayed to the nine levels above you that make money when you refer a buyer to us. This is to assist you in succeeding. Naturally, you can block these senders if you prefer not to get email from them. We have only one system-wide setting (not a setting for individual Affiliates). So, although we suggest that you DO receive emails from your payupline (i.e. a maximum of 9 individuals in your recruitment chain). It is up to you to allow it or not by blocking them in your email program. You must agree to receive emails from us, however, to be an Affiliate with us. Otherwise, we could not keep you up-to-date.
Note: Unlike some Affiliate programs, OUR Affiliates ARE authorized to quote true earnings from their participation in the Affiliate network, as long as the claim is true, and is presented in the $xxx /time period format.
Upline: The Affiliates in the chain of Affilates resulting in your joining.
PayUpline: The Affiliates in the chain of Affilates who will be paid if you, or someone in your downline, is paid.
Downline: The chain of Affiliates who you recruit, plus those that they recruit
PayDownline: Affiliates in your downline whose activity results in you being paid.
Finder fee: The payment for a successful close of escrow meeting the stated qualifying criteria, including the main fee to the actual referring Affiliate, plus all the upline fees, as well (10 payments, total). Also referred to as referral fee.
Link: A hyperlink placed on an Affiliate's site on in email/newsletters, etc. that, when clicked on, sends a Visitor (or email recipient) to either our Affiliate sign-up site, or our Buyer website. Links take many forms including text, an image, buttons, banners, videos or any other format acceptable to us.
Void: A reversal of a finder fee previously earned for referral that is later rescinded or corrected by us. We may VOID transactions that are fraudulent, duplicate referrals of the same buyer, or for other valid reasons.
Your Account: A specific account within the Service, where Finder fees are paid. Each Affiliate may only have one account within the Service.
SPAM: Sending email (including wireless communication) to lists or groups that you do not have permission to send to, and postings in usergroups, etc. Further, anything defined as Spam in the US 2003 CAN-SPAM Act, a summary of which are included in the Appendix to this Agreement.
The Service
We have developed, and operate a service (the “Service”) which allows Affiliates to refer out-of-USA Buyers of luxury homes to us in return for a finder’s fee. All Affiliate relationships established between You and us will be conducted and managed through the Service.
Agreement Terms
General:
1. This Affiliate Service Agreement (the "Agreement") is made by and between us, and you, as an Affiliate utilizing the various websites and other services we provide. You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and using the Service as an Affiliate. By signing up with us, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the our site's Service as an Affiliate.
2. We may change the service from time to time. We reserve the right to do so without notification, but as a practical matter, we will try to provide as much advance notice as possible before making changes that affect your operations. We also reserve the right to shut the service down if we deem it advisable.
3. By signing up, you receive no rights to continue with the program for any particular span of time. Both for you and us, this Agreement may be terminated at will, without cause. However, this will not affect finder fees that become legally due and payable in accordance with the terms and conditions of this Agreement, including the terms regarding fraud and spamming.
4. Terminations for cause (especially fraud) may or may not result in non-payment of Finder fees, depending on the circumstances.
5. You won’t hold us liable for anything, including downtime, ceasing the program, terminating Affiliates for cause or for no cause, etc. A link to a website not controlled by us does not mean that we endorse or accept any responsibility for the content or the use of such Web site.
6. If we or the Affiliate have not terminated the Affiliate account, it will remain active for 10 years. This can be further extended by mutual consent.
Site Review
1. Membership applications are reviewed by our staff for acceptance, and you will typically receive an email from us within 24 hours from the time that you confirm your application (by confirmation email). Our Membership Review Team will review your sign-up for the following things in order to accept you into our network:
a. Quality Site Design (although a site is not necessary to participate (contact us for additional information on this option).
b. Search Engine Arbitrage is also acceptable, with or without a site.
c. Prospective ability of your site/your activities to result in Real Estate Buyer referrals.
d. Any illegal, porn, hate content, etc… on your site, or on sites that you link to
e. Other miscellaneous factors
f. Doing ANY acts that would require a real estate license in California, USA, unless you are a licensed real estate agent, performing under the terms of your license.
2. Decisions made by Hunter-Broker about membership applications are final, but you are free to re-apply if you wish in the future, should your application not be accepted. Please provide as much detail as possible when re-applying so that we can review your application accurately.
Permissible Activities:
1. You can place our “tiny triggers” (see language selection page to view these banners, which are intended to blend in with the content on your site, rather than be obvious advertising banners) on as many sites as you see fit. We provide separate links and a map graphic for email for use within non-spam emails. You are NOT authorized to use the code provided by us for Your website on emails, in newsletters, and in similar high volume uses (server limitations). We provide links and an image specifically for these high volume uses that does not impact our server.
2. You may also use our Buyer link in your non-spam emails or on as many sites as you want.
a. We suggest that you do NOT direct Buyers to your Affiliate sites, but only to www.USRiviera.com. In other words, please be sure the links you send buyers have www.USRiviers.com as their destinations.
b. Note that the recruiting links (whether on your site or in emails) send Affiliate recruits to our Affiliate sign-up site, and the Buyer links send Buyers to our Real Estate site.
3. Adult (or sites with adult banners), sites that promote hate, violence, bigotry, or other related sites and sites that link to same are not allowed .
4. Sites that promote illegal activities, including but not limited to WAREZ, CRACKING, and HACKING SITES are also not allowed.
5. You cannot SPAM. We will terminate your account on the first offense of SPAMMING.
a. Do not send email to lists or groups that you do not have permission to send to.
b. We cannot stress this enough… We WILL terminate your account on the first offense.
c. However, you may place the designated email links and map graphic within your newsletters, in the content of your website, or within other web related content. (Again the designated site code is ONLY to be used with websites to prevent server overload.)
6. NOT ALLOWED: All other uses of banners or links, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guest-books etc. are NOT allowed.
7. Failure to abide by any of the rules in this Agreement these rules could mean termination completely. Intentional fraud will result in forfeiture of Finder fees obtained directly or indirectly as a result of the fraud, or enabled, or assisted through such fraud.
a. Fraud is a serious offense, and will be treated as such. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED Finder fees which are related, even peripherally, to such fraud.
Qualifying Criteria For Paying Finder Fee:
Criteria for a purchase to qualify for the finder fees to be paid are absolute, and ALL must be satisfied at the time of payment to allow finder fees to be legally paid. Only legally permissible (at time of payment) fees will be paid. As situations arise, it may become necessary to add new criteria. By becoming part of our network, you acknowledge now that you will comply with changes that become necessary, or resign.
1. Affiliate must NOT do any acts that require a California Real Estate License (unless the Affiliate is licensed in California)
a. This includes promoting individual properties, describing properties to prospective Buyers, etc…. in fact doing almost ANYTHING beyond a simple introduction of the Buyer to us, which is the sole and total extent of your participation in the real estate transaction (except for translations between us and the buyer, if you elect to provide such translations). Photos of properties can be used, with the stipulation that the thrust of the promo is to refer us as a licensed broker, rather than promoting properties.
2. The agreement to pay a finder’s fee is null and void where or when prohibited, or limited in such a way as to prevent the expected payment process, in the USA, or in the Affiliate’s country.
3. Payments will only be made to individuals or entities which have provided us a valid tax ID for the location where they will receive payments.
a. Affiliates who provide a false tax ID, or provide no tax ID in a timely manner, will be removed from the network.
b. A recurring pattern of false or no tax ID’s in an Affiliate’s downline may, in our sole discretion, be grounds for removal of an Affiliate from the network because of the appearance of fraudulent Downline Affiliates.
c. We will comply with appropriate tax and reporting law applicable in the USA and the country where the Affiliate is paid.
4. The Finder fees only apply to properties purchased without USA loans. Since it is effectively not possible for out-of-USA residents to obtain USA institution financing currently, this is no more restrictive than what the market applies, anyway. Naturally, the Buyer may obtain whatever loans he wishes in his own country… it is just USA loans that are excluded.
a. Properties owned by USA lending institutions are excluded, as well. The Seller must be an individual, or a non-lender entity.
5. This program is meant to apply to luxury homes, only, because of the extra complication and effort required to deal with out-of-USA residents. At present, that cutoff is $2 Million USD. However, this is subject to change, especially as prices rise because of government activities, or otherwise.
a. Our goal is happy and productive Affiliates and more real estate business for us. Therefore, although the cut-off is currently $2 Million USD minimum, we may elect to allow a “flexibility range” of up to 5% below this cut-off (i.e. $1,900,000) if it becomes necessary on an otherwise qualified transaction. We wish TO pay the finder fee, not to avoid paying it, as the value to us is this program’s operation over an extended time, with many happy Affiliates and Buyers. If we extend this “flexibility range” for any Affiliate, we will make the granting of it public, and thenceforth available to all Affiliates.
6. Payment of the finder fee is subject to actual receipt of commission due us. The finder fee is not due until and unless we receive the agreed commission due us.
7. We will only pay one finder fee per transaction.
a. Typically, the first Affiliate associated with a Buyer will be the one paid on the first qualifying purchase of that Buyer for 1 year from the time the Buyer is referred to us (as recorded at our site). Cookies on buyers will have a 1 year expiration, and will NOT be overwritten during that period if the buyer subsequently comes back to the site via another Affiliate.
b. In the event of multiple claims for referring a Buyer entity (an “entity” being, for example, a husband and wife), we will decide the matter as equitably as possible, but our decision in the matter is final. Because of the size of the payouts, we STRONGLY suggest that you contact us directly when referring a buyer to receive specific acknowledgement from us.
c. The action time for the referral is 1 year from the time of referral, and payment of the finder fee will be made only on the first qualifying purchase within that year. This would not necessarily be the first purchase the Buyer makes, only the first qualifying purchase. In the event that no such purchase is made within the year, then there will be no Finder fee paid. As noted above, Affiliates are encouraged to separately confirm referrals with us by email, because of the size of the payouts involved. We welcome such communication, rather than just relying on our in-place systems. Again, our objective is to totally happy Affiliates.
d. No finder fee will be paid on purchases by Buyers who are already our client prior to the Affiliate’s referral of that Buyer to us. Being “our client” is defined as having a prior relationship entailing a significant (in our sole opinion) amount of interaction with the Buyer, whether or not the interaction resulted in a purchase/sale.
e. Self-referrals ARE allowed. However, a Buyer already referred by an Affiliate cannot self-refer during the term of the referring Affiliates 1 year period.
g. In addition to this program, we also pay a Buyer Cash-Back to our Buyers through escrow. Although subject to change, this is currently capped at $5,000 on other agents’ listings, but it is 1% without a cap (i.e. $20,000 or more, perhaps MUCH more) on any properties where we are the listing agent. An Affiliate can be a Buyer, and an Affiliate buying on their own account would be due both the appropriate Affiliate finder fee and the Buyer Cash-Back. As noted above, the Buyer cannot be an Affiliate on his own account if he has already been referred by another Affiliate.
Link Placement
1. As an Affiliate of the Service, you may place and remove our links on Your approved site and in acceptable locations.
a. You may place our banners anywhere on your site as you see fit.
b. You may NOT place the code for the pop-up banners (intended for websites only) into ANY emails or newsletters, or the like, including those that would be otherwise acceptable (because of server limitations associated with the pop-up banners).
c. However, we will provide you a Buyer Link (sending the Buyer to www.USRiviera.com, and NOT to the Affiliate sign-up site). You can use this link in non-spam email, in newsletters, etc., but NOT in any way herein prohibited. This link identifies you as the referring Affiliate, and further allows Ad-Tracking if you entered an Ad-Tracking code when you selected your language prior to copying the code for your marketing creatives.
d. We will also provide you an Affiliate Link (sending the prospective Affiliate recruit to the Affiliate sign-up site). You can use this link in non-spam email, in newsletters, etc., but NOT in any way herein prohibited. This link identifies you as the referring Affiliate, and further allows Ad-Tracking if you entered an Ad-Tracking code when you selected your language.
e. Further, you may download from the language selection page the map graphic for the US Riviera, and use it in appropriate ways to promote our program.
2. Adult, Hate, or other related sites are not allowed.
3. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to.
a. We cannot stress this enough… we WILL terminate your account on the first offense.
b. Since we may be jointly and severally liable if YOU spam, we reserve the right to withhold Finder fees otherwise due you until, in our sole discretion, we believe that we will not be financially liable for the severe penalties that can be levied against US for YOUR spamming. So, not only will we terminate your membership on the first occasion of spamming, we will also hold any funds due you for an extended period, just to be sure we are not out-of-pocket because of your spamming. The hold-back will be based on input from our legal counsel, but it will be for an extended period, and any costs we incur (including reasonable attorney costs) because of your spamming will be deducted from any amounts owed you.
4. NOT ALLOWED: All other uses of banners or links, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guest books etc. are NOT allowed.
5. NOT ALLOWED: Any placement of creative in a "Desktop" advertising scheme (aka Ad-Ware/Spy-Ware). This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form.
Changes To The Service
1. We reserve the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service (or the entire Service) at any time.
2. In the event of any material change, we will attempt to notify You via e-mail prior to any such changes taking effect. At time of notification, either before the changes (the usual situation) or after, You may either agree to such changes or else you must withdraw from the Service.
Registration
1. To sign up as one of our Affiliates and to use the Service as an Affiliate Partner you must be at least 18 (eighteen) years of age, and supply a valid tax-ID (prior to being paid any fees), which may be your social security number for individuals, or a federal tax-id for corporations or entities, or the equivalent from your country of residence.
2. As part of the registration process, You will select a username and password combination that You use to access Your Affiliate area within the Service. You shall provide us with accurate, complete and updated registration information.
a. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to Your true identity.
3. You agree that we may rely on any data, notice, instruction or request furnished to us by You which is reasonably believed by us to be genuine and to have been sent or presented by a person reasonably believed by us to be authorized to act on Your behalf.
4. You shall notify us by email at the email address on the sign-up site of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password.
a. You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by You to use Your Account.
b. Any fraudulent, abusive or otherwise illegal activity will be grounds for termination by us and referral to the appropriate law enforcement agencies.
Accepted Use
WE RESERVE THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF our network.
If You are terminated from the Service, You will not be allowed to re-join our network.
Limited Liability
1. WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR ANY INFORMATION PROVIDED ON OUR WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE.
2. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
3. You agree that we, although the provider of the Service, have no responsibility or liability as a result of Your placement of authorized Links on Your Web site, and You jointly and severally agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement, or the subject matter thereof and any dispute relating thereto.
Ownership and Licenses
1. You, the Affiliate, are granted a non-exclusive, limited, revocable right to use banners we specifically provide for your use. All images, technology and content provided for Your use is and shall our sole property, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, trade names and service marks related to the foregoing shall remain the our sole property, including rights in and to any derivatives thereof.
2. You may not modify the trademarks, banners, the content or any of the images provided to You in any way. We may immediately terminate Your license to use the marks if we reasonably believes that such use dilutes, tarnishes or blurs the value of their marks.
3. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by us above.
4. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge our ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to our benefit .
We may assign this Agreement to any successor without notice to Affiliate. It is assignable by You with our permission, which will not be unreasonably withheld.
Appendix 1
This below spam ban took effect in March 2005. In addition, the Federal Trade Commission (FTC) adopted detailed rules that restrict sending unwanted commercial e-mail messages to computers. To find out more about the FTC’s rules, visit www.ftc.gov/bcp/conline/edcams/spam/consumer.htm.
| The FCC’s CAN-SPAM Rules
The FCC’s ban on sending unwanted e-mail messages to wireless devices applies to all “commercial messages.” The CAN-SPAM Act defines commercial messages as those for which the primary purpose is to advertise or promote a commercial product or service. The FCC’s ban does not cover “transactional or relationship” messages, or notices to facilitate a transaction you have already agreed to. These messages would include statements about an existing account or warranty information about a product you’ve purchased. The FCC’s ban also does not cover non-commercial messages, such as messages about candidates for public office.
The FCC’s ban covers messages sent to cell phones and pagers, if the message uses an Internet address that includes an Internet domain name (usually the part of the address after the individual or electronic mailbox name and the “@” symbol). The FCC’s ban does not cover “short messages,” typically sent from one mobile phone to another, that do not use an Internet address. Also, the FCC’s ban does not cover e-mail messages that you have forwarded from your computer to your wireless device (but the FTC’s rules may restrict such messages). | |
TCPA and CAN-SPAM
The CAN-SPAM Act supplements some consumer protections already put into place by the Telephone Consumer Protection Act (TCPA). Under the TCPA the FCC and FTC established the national Do-Not-Call list. This list contains telephone numbers that telemarketers are prohibited from calling unless they have an established business relationship with the called party or are otherwise exempt. FCC rules prohibit sending unwanted text messages to your wireless phone number if they are sent using an autodialer, or if you have placed that number on the national Do-Not-Call list.
Even if you have placed your wireless phone number on the national Do-Not-Call list, the TCPA does not protect you from receiving commercial messages sent to that number if:
- you have given your prior consent to the sender, or;
- you have an established business relationship with the sender.
For more information on the TCPA and the national Do-Not-Call list, see our consumer fact sheet at: www.fcc.gov/cgb/consumerfacts/tcpa.html.
Express Prior Authorization
Under the FCC’s rules, commercial e-mail messages may only be sent to your wireless device via the Internet if you have provided your “express prior authorization.” Commercial e-mail senders may request that you provide this authorization orally or in writing (e-mail or letter). They must tell you the name of the entity that will be sending the messages and, if different, the name of the entity advertising products or services. All commercial e-mail messages sent to you after you’ve given your authorization must allow you to revoke your authorization, or “opt out” of receiving future messages. You must be allowed to opt out the same way you “opted in,” including by dialing a short code. Senders have 10 days to honor requests to opt out.
Wireless Domain Name List
To help enforce its ban, the FCC required all wireless service providers to provide all Internet domain names used to transmit electronic messages to wireless devices. The FCC published this list on its Web site at www.fcc.gov/cgb/policy/DomainNameDownload.html. Non-exempt senders of commercial e-mail messages are prohibited from sending them to any Internet domain name on this list without the recipient’s express prior authorization. These senders have 30 days from the date the domain name is posted on the FCC site to stop sending unauthorized commercial e-mail to Internet addresses containing the domain name. Wireless service providers must add new domain names to the FCC’s list within 30 days of activating them.
FTC Rules/FCC Enforcement
The FCC can enforce the FTC’s restrictions on any commercial e-mail message sent to a non-wireless device, such as a desktop computer, if:
- the sender is a communications company (telephone, radio, paging, cable, or television company), or;
- the message advertises or promotes a product or service of a communications company.
The FTC’s rules require:
- Identification – Unsolicited commercial e-mail sent to non-wireless accounts must be clearly identified as a solicitation or advertisement for products or services.
- Offering a Way to Reject Future Messages – Commercial e-mail senders must provide easily-accessible, legitimate ways for recipients to reject future messages from that sender.
- Return Address – All commercial e-mail, and e-mail considered transactional and relationship messages (about existing transactions), must contain legitimate return e-mail addresses, as well as the sender’s postal address.
- Subject Lines – Commercial e-mail senders must use subject lines that are accurate. Using misleading or bogus subject lines to trick readers into opening messages is prohibited.
State Anti-Spam Laws
The CAN-SPAM Act is intended to preempt – or replace – state anti-spam laws, but states are allowed to enforce the parts of the CAN-SPAM Act restricting non-wireless SPAM. Also state laws prohibiting fraudulent or deceptive acts and computer crimes remain in effect.
What to Do If You Receive an Unwanted Commercial Message on Your Wireless Device
You may file a complaint with the FCC if you receive:
- an unwanted commercial message sent to a wireless device; or
- a telephone solicitation made to a wireless device for which the phone number is registered on the national Do-Not-Call list; or
- any autodialed text message on your wireless device, or an unwanted commercial message to a non-wireless device from a telecommunications company or advertising a telecommunications company’s products or services.
There is no charge for filing a complaint. You can file your complaint using an on-line complaint form found at esupport.fcc.gov/complaints.htm. You can also file your complaint with the FCC’s Consumer Center by e-mailing fccinfo@fcc.gov; calling 1-888-CALL-FCC (1-888-225-5322) voice or 1-888-TELL-FCC (1-888-835-5322) TTY; faxing 1-866-418-0232; or writing to:
Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th Street, SW
Washington, DC 20554.
