Affiliate Terms & Conditions
This AGREEMENT between the named Representative (hereafter “REP,” or “ASSOCIATE”), and Fierce Auto Marketing Company, a Florida-based LLC (hereafter “COMPANY,” “FIERCE AUTO,” “FIERCE,” or “FAM”), is hereby effective under the terms and conditions below:
- REP shall actively work to place car dealerships under contract with a FAM Customer Retention Program.
- REP has read and agrees to be bound by the terms of this Agreement which includes all rules, policies, and procedures of COMPANY, which are hereby incorporated and made part of this Agreement in their current form and as they may be amended by the COMPANY.
- REP is an independent contractor under the terms of this Agreement, and not an agent, employee or legal representative of the COMPANY in any way. They are responsible for all of their own income, sales, social security, unemployment, and any other taxes, licenses, and fees of any kind.
- No expenses, except previously approved by the COMPANY, shall be reimbursed to the REP. No power exists by the REP to bind the COMPANY to any expenses, or other agreement without prior written consent by the COMPANY.
- REP will explain COMPANY's programs and policies honestly and completely when presenting them to others. REP understands and will make clear in any presentation the following: No credit results are guaranteed by COMPANY or its programs; no exclusive territories exist for Associates.
- REP may terminate Associate's authorization at any time by giving written notice (including email to Jay@FierceAutoMarketing.com to the COMPANY.
- Any sale or assignment of this Agreement or Associate authorization must be approved of in writing in advance by COMPANY. Successors or assigns must comply with Policies and Procedures herein.
- The signatory(s) to this agreement Agree(s) that he/she/they is/are authorized to bind REP and by signing, so do.
- REP shall use only approved marketing and sales collateral to identify dealership clients. Should REP desire to create their own marketing or sales tools, FAM shall approve, in writing any strategic communication prior to presentation to prospects.
Commissions are only paid to Rep on confirmed dealership referral fees paid directly to FAM, after payment has been verified. Associate commissions shall be paid according to the following schedule:
Duties: Rep shall be responsible for finding and closing dealerships, or other approved lead sources to a referral contract, which terms must be approved by FAM, if they differ from its standard contract.
Amount: The commission amount shall be as follows:
Felipe Moreno shall receive 50% of all gross commissions paid to FAM, as designated by Fierce Auto Marketing.
Frequency: Compensation shall be paid monthly by the 10th of the subsequent month following the verified car sales/referral fees paid to FAM.
Chargebacks: Chargebacks are not anticipated; however, if a chargeback occurs after a commission has been issued, a commission adjustment will be triggered for the Rep. The Associate’s next commission will reflect that chargeback and include the chargeback as a negative against future commissions.
Duration: Compensation shall be paid for the duration of the referring dealership’s agreement with FAM.
Compensation Upon Termination: Based on the continued benefit the Company will receive from the initial efforts of the Rep, the compensation shall continue for a period of 30 days following the termination of the agreement, according to the compensation outlined herein.
Account Maintenance: A Rep shall help, or handle onboarding, and maintaining a client dealer by doing all, but not limited to the following duties: Gather digital assets from client, liaise with client’s marketing department to integrate CRM components, place POS signage, train client’s sales persons, be point of contact for questions, and concerns and support.
Revocation of Rep Status
Your Rep application and status in the program may be suspended or terminated for any of the following reasons:
● Misrepresenting Fierce Auto services, or results. Guaranteeing unsubstantiated financial results of any kind is misleading and will be grounds for Rep status revocation.
● Attempting to directly or indirectly compete with the Company, to its detriment, in comparable areas of service. Strict confidentiality shall exist between the Rep and any information the Company provides, including but not limited to customer lists, financials, price points, or marketing plans.
● Inactivity as an account Rep for 90 days.
Ownership of the systems, methodologies, clients, leads, work product and proprietary information shall remain the property of Fierce Auto Marketing. The company herein grants to Rep, a limited, non-exclusive license for marketing and sales materials to be used as outlined herein.
The Representative shall not register any domain name that incorporates any or all of the “Fierce Auto Marketing” name or that is confusingly similar to any FAM’s product name.
This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of Florida and subject to the exclusive jurisdiction of the federal and state courts located in Orlando, Florida.
Any disputes arising between the Parties as a result of this Agreement shall be settled in Florida by arbitration in accordance with the rules of the American Arbitration Association and judgment upon the award rendered may be entered in any Florida court having jurisdiction thereof. Prevailing party’s Legal fees may be assigned to the losing party.
The Representative agrees to defend, indemnify, and hold harmless the Company from and against all liability, loss, judgements or claims (or other actions that could lead to losses by the Company); provided, however that Representative shall not hold Company harmless from claims that are based upon the Company’s (a) violation of the law, (b) violation of this Agreement, or (c) violation of any third party’s rights.
In addition, the Company agrees to defend, indemnify, and hold harmless the Representative from and against all liability, loss, judgements or claims (or other actions that could lead to losses by the Representative) provided, however that Company shall not hold Representative harmless from claims that are based upon the Representative’s (a) violation of the law, (b) violation of this Agreement, or (c) violation of any third party’s rights.
Entirety of Agreement
Unless otherwise specified herein, this agreement constitutes the entire agreement between the affiliating Associate and Fierce Auto Marketing with respect to its referral program. All prior or contemporaneous communications and proposals, whether electronic, oral or written, between the associate and FAM with respect to the referral program are superseded by this document. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Changes to Terms
FAM reserves the right, in its sole discretion, to change the Terms under which the Rep program is offered. The most current version of the Terms will supersede all previous versions. Fierce Auto encourages you to periodically review the Terms to stay informed of our updates.
Digital Signatures: In 2000, the U.S. Electronic Signatures in Global and National Commerce (ESIGN) Act established electronic records and signatures as legally binding, having the same legal effects as traditional paper documents and handwritten signatures. Read more at the FTC web site: http://www.ftc.gov/os/2001/06/esign7.htm