Marketing Partner Program Terms and Conditions
These Terms and Conditions (“Terms”) apply to the AcreTrader, Inc. (“AcreTrader”) Marketing Partner Program (“Marketing Partner Program”). By participating in the Marketing Partner Program, you (“Marketing Partner”) agree to be bound by these Terms and any additional changes or additions to the Terms that AcreTrader may make from time to time.
Under the Marketing Partner Program, AcreTrader will pay the Marketing Partner as described in the offer on our Marketing Partner Program page (the “Marketing Partner Payment”) to any existing Marketing Partner that is the referral source for a new registered user (the “Referred User”) on the AcreTrader platform found at https://acretrader.com (“Platform”).
The Marketing Partner Program works as follows:
a. AcreTrader will send the Marketing Partner an email with instructions on how to refer potential new users to register a profile on the Platform.
b. The Marketing Partner can then refer potential new users to register on the Platform.
c. AcreTrader will confirm whether a Referred User satisfies the eligibility requirements listed below.
d. AcreTrader will credit the Marketing Partner Payment to the Marketing Partner’s Bill.com account (which is required, as discussed below).
The following eligibility requirements apply to all Referred Users:
a. The Referred User must be an “Accredited Investor” as defined in SEC Rule 501 under the Securities Act of 1933.
b. The Referred User must complete to AcreTrader’s satisfaction all user onboarding requirements, which includes “Know Your Customer” information (including identity and other verifications) and which also prevents certain “Prohibited Persons” from becoming a user.
c. The Referred User must be a new user on the Platform at the time of the referral and not have a pre-existing account of any type.
d. The Referred User must be a legal resident of the United States or its territories or possessions.
e. The Platform registration of the Referred User must occur within sixty (60) days from the date the potential new registrant clicked on the Marketing Partner link that was provided to Referral Source, regardless of any reason for delay.
The following eligibility requirements apply to all Marketing Partners:
a. The Marketing Partner must not be an individual associated with a FINRA member.
b. The Marketing Partner must not be an owner, investor, director, officer, or employee of any investment opportunity currently offered on the Platform.
c. The Marketing Partner must comply with all actions required by AcreTrader from time to time as part of the Marketing Partner Program.
d. The Marketing Partner must agree to comply with any FINRA rules and regulations applicable to AcreTrader or its affiliates with respect to review and approval of any retail communications. AcreTrader will notify Marketing Partner of the applicability of any such rules and their content.
Other provisions of the Marketing Partner Program:
a. Any attempt to obtain Marketing Partner Payments through multiple, false or fictitious accounts or in any other way that is designed to result in non-bona fide Referred Users is strictly prohibited and shall result in disqualification of the Marketing Partner and Referred User and voidance of any Marketing Partner Fees due to the Marketing Partner.
b. AcreTrader shall have no obligation to credit the Marketing Partner Payment if (i) the Marketing Partner violates any of these Terms, (ii) the Referred User’s registration does not timely occur within the 60-day period, or (iii) AcreTrader, in its sole discretion, reasonably believes providing the credit would violate or be in contravention or any law, rule, or guidance to which AcreTrader or its affiliates are subject.
c. Any dispute as to which Marketing Partner is the referral source for a Referred User shall be determined by AcreTrader in its sole discretion.
d. AcreTrader shall have sole discretion to permit or deny a Referred User from registering on the Platform.
e. AcreTrader will credit the Marketing Partner’s Bill.com account (which is required) with the Marketing Partner Payment within thirty (30) days of the end of each calendar month. In the event Marketing Partner is a non-U.S. individual or entity, it must convert two (2) Referred Users prior to the initial transmission of any Marketing Partner Payment by AcreTrader. AcreTrader will not be responsible for any payment delays caused by issues relating to the availability of Marketing Partner’s Bill.com account or any service interruptions thereto.
f. Marketing Partner is solely responsible for any and all federal, state, local and other income and other taxes that are due and payable as a result of receipt of Marketing Partner Payments and may be issued a Form 1099 if required. Marketing Partner agrees to provide any tax-related information requested by AcreTrader (such as a W-9) to comply with applicable tax reporting requirements.
g. Marketing Partner understands, acknowledges, and agrees that the Marketing Partner Payment is the only compensation relating to the Marketing Partner Program and there is no other compensation due to the Marketing Partner relating to Referred Users.
h. To its knowledge, no agents, finders, brokers, or other intermediaries (other than the Referral Source and AcreTrader) have been or will be involved in any manner with the Referred Users contemplated by the Marketing Partner Program and these Terms.
i . The Marketing Partner shall treat information regarding AcreTrader, the AcreTrader Platform, or any offering as confidential and shall not disclose or utilize such information in a manner other than as contemplated by these Terms. Under no circumstances shall the Referral Source disclose to a Referred User any confidential information of AcreTrader including, but not limited to, information concerning any then-ongoing offering of AcreTrader. The foregoing provisions of this section shall not limit a party’s disclosure or use of information that: (i) is available in the public domain; (ii) has been independently developed by such party without reference to information provided by the other party; or (iii) has been obtained by such party from a third party without breach of a duty to the other party or any affiliate thereof. Each party also shall be entitled to disclose information: (i) as required by applicable law or the rules of a self-regulatory agency; and (ii) to its attorneys, accountants and similar advisors bound by a duty of confidentiality.
j. Participation in the Marketing Partner Program is not an investment, does not constitute any offering of any securities, and does not involve the sale or purchase of any securities. The Marketing Partner Program involves the referral of prospective users of the Platform by Marketing Partner, not of prospective investors in any particular securities offering available on the Platform.
k. Marketing Partner has no authority, and represents and warrants that it shall not enter into any commitments on AcreTrader’s behalf, to negotiate the terms of any registration, describe any security or offering or distribute any materials relating to any security or offering, provide any or hold funds or securities in connection with any private placement of securities, or to otherwise perform any act that would require the Marketing Partner to become licensed as a securities or real estate broker or dealer.
l. Marketing Partner will indemnify, defend, and hold harmless AcreTrader from and against any and all claims, actions, costs and expenses (including attorneys’ fees and litigation expenses), or settlements which AcreTrader incurs relating to or arising from any activity by, or any representation made by Marketing Partner to the Referred User.
m. Nothing in these Terms or the Marketing Partner Program itself is intended to, or shall be construed to, create a partnership, agency, joint venture, employment, fiduciary, or similar relationship. Marketing Partner will be an independent contractor and will not be an employee of AcreTrader. Marketing Partner will not be entitled to any of the benefits that AcreTrader may make available to its employees, including (but not limited to) group health or life insurance, 401(k) Plan or retirement benefits. Marketing Partner shall be entitled to no benefits or compensation from AcreTrader except as set forth in these Terms and shall in no event be entitled to any fringe benefits payable to employees of AcreTrader.
n. Marketing Partner is not authorized to make any representations, contract, or commitment on behalf of AcreTrader and shall not take any action in contravention of this.
o. The Referral Source will indemnify, defend and hold harmless AcreTrader from and against any and all claims, actions, costs and expenses (including attorneys’ fees and litigation expenses) relating to or arising from any of the aforesaid circumstances as well as for any misconduct of the Referral Source and for the claims of any other agents, finders, brokers, or other intermediaries with whom the Referral Source has any contact.
p. Marketing Partner understands and acknowledges that AcreTrader Financial, LLC (“AcreTrader Financial”), an affiliate of AcreTrader, is a registered broker-dealer and member of FINRA and agrees to make any and all supplemental disclosures that arise as a result of AcreTrader Financial’s status as a broker-dealer.
q. Specifically, Marketing Partner agrees to disclose to each Referred User that it receives compensation from AcreTrader as a member of the Marketing Partner Program and the amount of such compensation. Marketing Partner will use the following disclosure in any communication to a potential Referred User:
“This is a sponsored promotion for the AcreTrader platform. [Marketing Partner] may have investments in companies represented on the AcreTrader platform. This informational [video/post/message] is by no means a promotion, solicitation, or recommendation of any specific investment.”
Please note that when AcreTrader has specifically requested that Marketing Partner highlight a particular offering, Marketing Partner must also disclose that: is being requested that: “[Marketing Partner] will be paid [$X] for any successful referral to the AcreTrader platform.”
r. AcreTrader reserves the right in its sole discretion to modify or terminate the Marketing Partner Program at any time, with or without notice, and for any reason or no reason at all. Any such modification or termination will not affect the duties owed by each party to the other, including that AcreTrader will credit any Marketing Partner Payments earned prior to the date of such modification or termination.
s. AcreTrader makes no representation or warranty regarding the Marketing Partner Program, including any warranty regarding the amount of Marketing Partner Payment, and all implied warranties are expressly disclaimed. YOUR PARTICIPATION IN THE MARKETING PARTNER PROGRAM IS AT YOUR SOLE RISK. THE MARKETING PARTNER PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACRETRADER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR ARISING OUT OF A COURSE OF DEALING OR USAGE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF COMPLETENESS, CORRECTNESS, CURRENTNESS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE WITH DATA, AVAILABILITY, ACCURACY OR THAT THE MARKETING PARTNER PROGRAM IS ERROR-FREE. THE WEBSITE OR SERVICE MAY CONTAIN INFORMATION PROVIDED BY ONE OR MORE THIRD-PARTY DATA SOURCE.
ACRETRADER MAKES NO WARRANTY THAT (I) THE MARKETING PARTNER PROGRAM WILL MEET YOUR REQUIREMENTS, (II) THE MARKETING PARTNER PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MARKETING PARTNER PROGRAM WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE MARKETING PARTNER PROGRAM WILL MEET YOUR EXPECTATIONS. NEITHER ACRETRADER NOR ITS LICENSORS WILL BE CONSIDERED AN "EXPERT" UNDER THE SECURITIES ACT OF 1933. NEITHER ACRETRADER NOR ITS LICENSORS WARRANT THAT THE SERVICE COMPLIES WITH THE REQUIREMENTS OF THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, THE SECURITIES AND EXCHANGE COMMISSION, OR ANY SIMILAR ORGANIZATION OR REGULATOR OR WITH THE SECURITIES LAWS OF ANY JURISDICTION.
t. MARKETING PARTNER EXPRESSLY UNDERSTANDS AND AGREES THAT ACRETRADER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MARKETING PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: MARKETING PARTNER’S PARTICIPATION IN THE MARKETING PARTNER PROGRAM OR ANY OTHER MATTER RELATING TO THE MARKETING PARTNER PROGRAM. IN NO EVENT WILL ACRETRADER’S TOTAL LIABILITY TO MARKETING PARTNER FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT OF ANY MARKETING PARTNER PAYMENTS PAID TO THE MARKETING PARTNER PURSUANT TO THE MARKETING PARTNER PROGRAM, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
MARKETING PARTNER REPRESENTS THAT IT HAS INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF ENTERING INTO THE MARKETING PARTNER PROGRAM AND THE POSSIBLE RISKS INVOLVED IN BECOMING A MARKETING PARTNER.
u. These Terms shall be construed and interpreted in accordance with the laws of the State of Arkansas, without giving effect to its conflicts of law provisions. In case any of these Terms will be held invalid, illegal or unenforceable, in whole or in part, the validity of any of the other terms of these Terms will not in any way be affected thereby.
v. These Terms are the entire agreement of the parties with respect to its subject matter and are subject to change from time to time, in AcreTrader’s sole discretion.
The rights and obligations of the Referral Source and the Registered User under these Terms cannot be transferred, assigned or delegated, in whole or in part, without the prior written consent of AcreTrader.