To become a PlanGlobal affiliate all applicants must agree to our Affiliate terms and conditions which constitute as a legal agreement (“Agreement”) between you (“Affiliate”) and DBCJ Enterprises LLC. dba PlanGlobal. By registering as an affiliate with PlanGlobal, Affiliate is agreeing that affiliate has read and understands PlanGlobal affiliates terms and conditions and Affiliate agrees to be legally responsible for each and every term and condition set forth in this agreement.
1. Affiliate Acceptance: PlanGlobal reserve the right to deny any affiliate into our program. PlanGlobal will evaluate each affiliates business and website against our internet affiliate program policy and guidelines to determine acceptance into our affiliate program. PlanGlobal reserves the right to remove an affiliate from our affiliate program at any time without written notice if PlanGlobal determines, in its sole discretion, that an affiliates business model, marketing material, website, or method of doing business is unsuitable for our affiliate program. Unsuitable sites include but not limited to business that promote violence, promote discrimination, promote the use e-mail spam, promote illegal activities, violate intellectual property rights, or violate that nature of our business. All affiliates must sign and keep current with PlanGlobal a W9 IRS form. No payments will be made and all payments will cease until a current W9 is received from affiliate.
2. Non-Compete Affiliates shall not compete with PlanGlobal market in providing merchant account services, credit card processing software and/or equipment, and shall not in any manner advertise as a competitors products/services that is in relations to the same type of products and services that PlanGlobal offers. This also includes selling leads to other PlanGlobal competitors.
3. Compensation Compensation will be paid per the affiliate commission schedule that is posted on PlanGlobal public website. Compensation is paid by PayPal transfer (affiliate must have a PayPal account) into affiliates account on or about the last business day of each month. Residuals are paid for the previous month of processing. Residuals start after the first full month of processing. New account Up-Front bonuses are not eligible until the merchant makes their first transaction(s) that total $50.00 on their account. If an account is closed within 365 days of opening, the up-front bonus will subtracted from affiliates account. “Lead” means any business contact that is interested in opening a new merchant account or switching from their current processor to utilizing PlanGlobal services. The lead must be a United States based registered company or individual, and their contact information provided must be genuine. If two affiliates register the same lead the affiliate that first registers the lead has the rights to the payout for that lead. Registering a lead can be accomplished by several means by the affiliate. Either by entering manually the leads information into the affiliate lead form inside the affiliate portal, using the affiliates customized URL, or if a lead calls in and references affiliate as the referrer.
4. Receive Payment In order for affiliate to receive payment from PlanGlobal affiliate must enter their PayPal email address in the affiliate portal. Unites States based affiliates also must complete and keep current a IRS W9 form. International affiliates must complete and keep current a W-8BEN IRS tax form. All forms can be found inside the PlanGlobal affiliate portal.
5. Revision of Commission Rates PlanGlobal reserves the right to change at anytime the affiliate commission schedule. PlanGlobal will provide (90) days written notice of such changes to affiliate. PlanGlobal may provide such notice via e-mail address.
6. Cooke Length PlanGlobal tracks referrals by the use of browser cookies that are associated with the affiliate tracking URL’s. The life span of the cookie is (90) days. This means if a potential lead returns to the PlanGlobal website to complete a merchant application, purchases equipment, or purchases any other services from PlanGlobal the referral will still be attributed to affiliates account. The cookie must be active on referral’s computer/equipment for tracking to take place.
7. Duplicate Referrals Once a business is recorded as a lead in our affiliate system the lead belongs to the referring affiliate for (90) days. If the same referral is referred by another affiliate during these 90 days, the primary affiliate has all rights to lead. If the lead does not become a active customer of PlanGlobal within the (90) days the business is eligible to become a valid lead again for any affiliate.
8. Self Referrals Affiliates are not eligible for a commission or bonuses, directly or indirectly, of a registered affiliate or an entity owned or controlled, in whole or in party by an affiliate. No payout will be made to affiliate for a direct or indirect self-referral, or any referral that PlanGlobal in its sole discretion determines to be a self-referral.
9. Referral Disclaimer PlanGlobal is not responsible for lost referral. This includes but not limited to:
- Improper or erroneous tracking implementation by affiliate. This includes but not limited to iFrames, misspelled affiliate URL’s, multiple URL redirection, website page changes on PlanGlobal website, changes and/or updates to referring URL’s.
- The referral computer/equipment does not accept or utilizes cookies.
- Referral deletes cookies from computer/equipment
- Referral directly contacts us after the cookie has expired.
10. Spam PlanGlobal has a STRICT no spam policy. PlanGlobal does not SPAM of any kind. This includes but limited to:
- Sending unsolicited e-mails
- Posting to any inappropriate forums, groups, newsgroups, blogs, websites, that do not allow business content of that nature.
- Using PlanGlobal name or any of our third parties name in any unsolicited way. In use of PlanGlobal name or any of our third parties name must have prior permission before using.
11. Image Display and Affiliates Links An affiliate sites and place of business shall display PlanGlobal graphic images prominently throughout the affiliates site in locations that affiliate determines are most suitable. Affiliate shall NOT alter, modify, or expand the graphics, links, or and 3rd party graphics in anyway unless prior WRITTEN consent is given. Each URL connecting referrals of affiliates site to PlanGlobal will in no way alter the look, feel, or functionality of PlanGlobal site. PlanGlobal has the right and will monitor Affiliates site at any time and from time to time to determine if affiliate is in compliance with the terms and condition set forth.
12. Limited License PlanGlobal grants affiliate a limited, non-exclusive, non-transferable license during the term of this affiliates participation in the PlanGlobal affiliate program., to use approved text, images, marketing material owned by PlanGlobal for the sole purpose of marketing and advertising PlanGlobal. Affiliate may not alter or modify in away URL’s, images, text, marketing material, logo’s, trade names, trademarks, or any other intellectual property, or 3rd party intellectual property without prior WRITTEN consent from PlanGlobal. Affiliate can ONLY utilize approved images, text, logo’s, marketing material, URL’s, and any other intellectual property, that PlanGlobal provides to affiliate. PlanGlobal reserves all rights in its trade names, trademarks, and all other intellectual property. The license herein granted to affiliate shall automatically and immediately cease upon termination of the PlanGlobal affiliate program. Except for rights expressly granted in writing herein, this agreement does not transfer any intellectual property or technology of PlanGlobal to affiliate; and all rights, title and interest in such intellectual property and technology, whether developed, licensed or owned by PlanGlobal shall remain with PlanGlobal. Affiliate agrees that it will NOT, directly or indirectly, reverse engineer, dissemble, decompile, or otherwise attempt to derive source code, trade secrets, or any other confidential information of PlanGlobal.
13. Relationship of the Parties Each party shall be deemed an independent contractor (1099 contractor). Nothing contained in this agreement shall be deemed or construed in any manner as creating a partnership, joint venture, employment, agency, fiduciary, ISO, or any other relationship. Affiliate is responsible for all owed taxes on the compensation paid by PlanGlobal to affiliate. Affiliate will be sent a 1099 earnings statement by PlanGlobal. Affiliate IS NOT an employee of any kind and does not receive any type of benefits of employee status with PlanGlobal as affiliate is an independent 1099 contractor. Affiliate are referred to as affiliates in this agreement only to identify their rights and obligations hereunder and such affiliates are not and shall not be an affiliate of PlanGlobal for any other purpose. Neither party has the authority to bind the other.
14. Strategic Buyout During the life of an account PlanGlobal may make a strategic decision to sell accounts to 3rd parties at PlanGlobal sole discretion. If an account is bought all payments will cease and no further payment will be made on such account. PlanGlobal will give affiliate 90 days written notice if a buyout of an account(s) will take place. Written notice will be given by e-mail to the associated e-mail address that is associated with affiliates account.
15. Future Employment If an affiliate becomes a direct employee of PlanGlobal any and all payouts of affiliates accounts will stop. Only with direct written consent from PlanGlobal can accounts from affiliates portfolio be transferred and continued payout be made on such accounts.
16. Assignment Affiliate shall not have the right to assign, transfer, or sell any payouts or future payouts without prior written consent from PlanGlobal. PlanGlobal has the right to assign any right, duty, obligation, or interest in the agreement whatsoever to any party without the written consent of any affiliate. Nothing in this agreement is intended to confer any rights or remedies on any entity that is not a party of this agreement.
17. Representation of Merchant Services Affiliate in no way may represent themselves as an ISO of a brand card association(s), agent of PlanGlobal, employee of PlanGlobal,. Affiliate in now way may represent to a prospect/lead that affiliate sells and provides merchant services directly through affiliate.
18. Term and Termination PlanGlobal may terminate this agreement and all payments and future payments will stop:
- Upon (15) days prior written notice if affiliate fails to refer any leads to PlanGlobal for a period of (90) days or more.
- If an affiliate fails to generate minimally (10) approved merchant services accounts in a 12 month period.
- PlanGlobal in its sole discretion can terminate this agreement at anytime without written notice that deems affiliate to be in violation of any provision in this agreement.
- If affiliate becomes a direct employee of PlanGlobal this agreement will be terminated on day of accepting offer letter from PlanGlobal.
- Agreement is immediately terminated upon the insolvency or dissolution of affiliate
- Agreement is immediately terminated upon the change in control of affiliate, either by change of owner, selling or transfer of affiliates business, or acquisition of affiliate by another entity.
- Upon (30) days prior written notice for any reason
19. Limitation and Liability PlanGlobal shall not be liable to affiliate or to any other third party for any incidental, indirect, consequential, reliance, or exemplary damages arising out of or relating to this agreement or any services from PlanGlobal or our 3rd party vendors; whether foreseeable or unforeseeable, and whether based on breach of any express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort, or other cause of action including but not limited to, damages for loss of data, goodwill, profits or interruptions in use or availability of data, even if such party has been advised of the possibility of such damages. PlanGlobal also aggregate liability to any affiliate arising with respect to this agreement and under the affiliate program will not exceed the total compensation paid or payable by PlanGlobal to affiliate under this agreement.
20. Indemnification Affiliate shall indemnify and hold PlanGlobal harmless from any and all losses, damages, liabilities and expenses, including attorney’s fees and costs arising out of the manner the affiliate finds leads an affiliates failure to comply with applicable law.
21. Compliance With Applicable Law Affiliate shall and must fully comply with laws, statues, and federal and/or state regulations and laws in the performance of any activities under this agreement.
22. Modification and Amendment PlanGlobal may modify any of the terms and conditions in the agreement at any time and in our sole discretion. PlanGlobal will keep current terms and conditions on the PlanGlobal and will e-mail associates at the e-mail address that is associated with associate of all changes and modifications. Modification may include, but are not limited to, changes to the commission structure, residual fees, payment payout schedule, payment procedures, changes in the scope of available commission fees, and affiliate program rules and obligations. If any changes or modification is unacceptable to an affiliate, the affiliate only recourse is to terminate this agreement. Affiliates continued participation in the affiliate program following our posting and notification of any changes or modification with the continued participation in our affiliate program will constitute binding acceptance of the change. Affiliate may not amend or waive any provision of the agreement unless such amendment or wavier is in writing and is signed by the current president of PlanGlobal.
23. Independent Investigation Affiliate acknowledges that affiliate has read this agreement and agrees to ALL of its terms and conditions. Affiliate understand that PlanGlobal may at any time directly or indirectly solicit customer referrals from other parties on terms that may differ from those contained in this agreement. Affiliate e has independently evaluated this desirability of participation in the PlanGlobal affiliate program and is not relying on any representation, guarantee, or statement other then as set forth in this agreement.
24. Electronic Communications Affiliate agreement that all agreements, notices, disclosures and other communication that PlanGlobal provides to affiliate electronically satisfy any legal requirement that such communication be in writing.
25. Governing Law This agreement shall be construed in accordance with the laws of the state of Florida.
26. Survival The provisions of the agreement relating to confidentiality shall survive the termination of affiliate with PlanGlobal.
27. Severability If any provision of the agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement s invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.