THE AGREEMENT: This Affiliate Agreement (hereafter called the “Agreement”) is provided by the following organization, hereinafter referred to as “Company”: Movies, Inc . The Agreement is a legal document between you and the Company that describes the affiliate relationship we are entering. This Agreement covers your responsibilities as an affiliate and our responsibilities to you. Please ensure you read and understand the entirety of this document, because each of the terms of this Agreement are important to our working relationship.
The parties referred to in this Agreement shall be defined as follows:
By AGREEING to the TERMS and CONDITIONS to our Affiliate Program, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the website immediately and do not submit and agree to our Affiliate Program. This Agreement specifically incorporates by reference any Terms of Conditions, Privacy Policies, End-User License Agreements, or other legal documents which we may have on our website.
You must be at least 18 (eighteen) years of age to join our Affiliate Program or use this Website. By AGREEING to our affiliate Program, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of your age.
This Agreement does not create an exclusive relationship between you and us. You are free to work with similar affiliate program providers in any category. This agreement imposes no restrictions on us to work with any individual or company you may choose.
Once you AGREE TO THE TERMS, and submit, you will receive an email with instructions to set up your AFFLIATE ACCOUNT where you’ll provide the AFFILATE INFORMATION NEEDED TO RECEIVE FUNDS THROUGH PAYPAL and LEARN HOW TO REVIEW YOUR DASHBOARD and see DAILY, WEEKLY, MONTHLY or YEARLY SALES ACTITITIES. Inside your account you’ll be able to GET YOUR AFFILATE LINKS that are ASSIGNED TO YOU so you POST and SEND OUT TO EVERYONE.
Each time a user clicks your ASSIGNED AFFILATE LINK, and they come to the Moviesinc.com site and BUY or RENT a movie you will get paid a commission. You’ll be eligible to receive 7.5 % commission of the total billing price (less sales tax in Utah and discount codes) from the user who BUYS or RENTS a Movie. We currently have 4 film pricing levels.
FILM PRICING: $4.99 HD RENT / $14.99 HD BUY / $6.99 UHD RENT / $19.99 UHD BUY
Payouts will only be available when the Company has your current complete set up information. We will be using PAYPAL ONLY for payment. Please follow the Affiliate Set Up Steps.
Payouts will be available the month after they accrue. For example, since payments are made monthly, payouts are made 10 days from the month ending. If your commissions are over $20K for the months end, you’ll be paid in batches. Example: Earnings for 1 month: $35K. 1st Batch $20K, & 2nd Batch $15K.
We explicitly reserve the right to change payout information in our sold and exclusive discretion. If we do so, you will be notified.
Payouts are also subject to the following restriction:
You may log into your account with us to review reports related to your affiliation, such as payout reports and purchase information. Please be advised, however, that not all listed qualify purchases have been fully reviewed for accuracy in the reports viewable by you in real-time and therefore may be subject to change prior to payout.
The term of this Agreement began when you AGREED and SUBMITTED into the Affiliate Program today. It can be terminated by either Party at any time without cause.
You may only earn payouts as long as you are an Affiliate in good standing during the term. If you terminate this Agreement with us, you will qualify to receive payouts earned prior to the date of termination.
If you fail to follow the terms of this Agreement or any other legal terms we have posted anywhere on our website or websites, you forfeit all rights, including the right to any unclaimed payout.
We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a their party, failing to comply with applicable laws or other legal obligations, and/or publishing or distribution illegal material.
At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
You agree that the intellectual property owned by the Company includes all copyrights, trademarks, trade secrets, patents, and other intellectual property belonging to the Company (“Company IP”)
Subject to the limitations listed below, we hereby grant you a non-exclusive, non-transferable, revocable license to access our websites in conjunction with the Affiliate Program and use the Company IP solely and exclusively in conjunction with identifying our company and brand on the Affiliate Site to send customers to the affiliate links we provide. You may not modify the Company IP in any way and you are only permitted to use the Company IP if you are an Affiliate in good standing with us.
We may revoke this license at any time and if we find that you are using the Company IP in any manner not contemplated by this Agreement, we reserve the right to terminate this Agreement.
Nothing contained within this Agreement shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship. You are an independent contractor of the Company and will always remain so.
The Company is not liable for any damages that may occur to you as a result of your participation in the Affiliate Program, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to one hundred ($100) US Dollars. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
A) LANGUAGE: All communications made, or notices given pursuant to this Agreement shall be in the English language.
B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Affiliate Program, you agree that UTAH shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following country: SPRINGVILLE, UTAH. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non convenient or similar doctrine.
C) ARBITRATION: In case of a dispute between the Parties relating to our arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: UTAH COUNTY. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of the Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of Utah. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this subpart of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
Electronic communications are permitted to both Parties under this Agreement. For any questions or concerns, please email us at the following: contact@moviesinc.com
