Affiliate Program Terms and Conditions
These Terms and Conditions (“Terms”) apply to the AcreTrader, Inc. Affiliate Program (“Affiliate Program”). By participating in the Affiliate Program, as either a Referral Source or Referred User (as those terms are defined herein), you agree to be bound by these Terms.
Under the Affiliate Program, AcreTrader will pay the affiliate fee described in the offer on our Affiliate Program page (the “Affiliate Fee”) to any existing Affiliate that is the referral source for any new registrant (the “Referral Source”). The new registrant will be referred to as (the “Referred User”). The Program works as follows:
- The Affiliate/Referral Source will be sent an email with instructions on how to refer potential new registrants to register for AcreTrader;
- The Referral Source can then invite eligible potential new registrants to register to become a member at www.AcreTrader.com;
- Each potential new registrant must identify Referral Source during the registration process as the source for the new registrant;
- The potential new registrant must be confirmed as eligible to register for AcreTrader as an “Accredited Investor” and complete the “Know Your Customer” information on the AcreTrader website;
- The potential new registrant must maintain his, her or its membership for at least thirty (30) days;
- Referral Source must have a valid, active Paypal account for purposes of receiving payment of any Affiliate Fees.
As compensation for the Referred User registering on the AcreTrader website at www.AcreTrader.com and completing his, her or its investor profile, AcreTrader will pay the Affiliate Fee to Referral Source after completion of the above-referenced registration process and AcreTrader’s verification of the validity of the new registrant’s investor profile.
In order for a new registrant to be a qualified Referred User, he, she or it must meet, among other things, all of the following criteria:
- The Referred User must be new to AcreTrader at the time of the referral and not have a pre-existing account of any type;
- the proposed Referred User must meet AcreTrader’s accreditation criteria and not be listed as a “Prohibited Person” by the Office of Foreign Assets Control or be otherwise prohibited from making investments of the type offered by AcreTrader by governmental authorities;
- the Referred User must be a legal resident of the United States or its territories or possessions;
- the Referral Source must be named by the Referred User on his, her or its registration information so that AcreTrader can clearly track the referral; and
- the new registration of the Referred User must occur within sixty (60) days from the date the potential new registrant clicked on the Affiliate link that was provided to Referral Source, regardless of any reason for delay.
Only members of AcreTrader that are in good standing, are a legal resident in the United States and its territories and possessions, and specifically invited to refer new registrants are eligible to participate in the Affiliate Program as Referral Sources. Any attempt to obtain additional unmerited Affiliate Fees through multiple, false or fictitious accounts is strictly prohibited and may result in disqualification of the involved Referred User and Referral Source in AcreTrader’s sole discretion.
Any dispute as to who is the Referral Source for a Registered User shall be determined by AcreTrader in its sole discretion and is binding all parties.
Affiliate Fees that have accrued and become payable to Referral Source during any calendar month will be paid to Referral Source’s Paypal account within three (3) business days of the end of such calendar month. AcreTrader will not be responsible for any payment delays caused by issues relating to the availability of Referral Source’s Paypal account or any service interruptions thereto.
Referral Sources are responsible for any and all federal, state, local and other income and other taxes that are due and payable as a result of the payment of Affiliate Fees and may be issued a Form 1099 for Affiliate Fees if required by law. Referral Source agrees to provide any tax-related information requested by AcreTrader (such as a W-9) to comply with applicable tax reporting requirements.
Referral Source represents and warrants that (i) the Affiliate Fee is the Referral Source’s only compensation relating to the Referred User, and there is no other compensation due to the Referral Source relating to the Referred User’s registration from any other source and (ii) 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 User. The Referral Source will not disclose to a Referred User any confidential information of AcreTrader including, but not limited to, information concerning any then-ongoing offering of AcreTrader.
Participation in this Affiliate Program is not an investment, does not constitute any offering of any securities, and does not involve or require the sale or purchase of any securities, and only involves registration for a membership in AcreTrader.
It is specifically understood that Referral Source is acting as a finder only for third parties to become members, is not a licensed securities or real estate broker or dealer, and shall have no authority to enter into any commitments on AcreTrader’s behalf, to negotiate the terms of any registration, or to hold funds or securities in connection with a registration transaction, or to otherwise perform any act that would require the Referral Source to become licensed as a securities or real estate broker or dealer. No investment in any of AcreTrader's offerings is required. The consummation of any registration shall be separately negotiated between AcreTrader and the Referred User. Referral Source is not an employee, fiduciary or agent of either AcreTrader or the Referred User, and Referral Source specifically warrants and represents that it shall not represent itself as an agent of AcreTrader and agrees to indemnify AcreTrader for any liability, fees (including attorney’s fees), costs or expenses, or settlements which AcreTrader incurs as a result of any representation made by Referral Source to the Referred User.
Referral Source's and Referred User's relationship with AcreTrader is that of an independent contractor, and nothing in these Terms is intended to, or shall be construed to, create a partnership, agency, joint venture, employment or similar relationship. Referral Source 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, profit sharing or retirement benefits. Referral Source is not authorized to make any representations, contract or commitment on behalf of AcreTrader.
If (i) the Referral Source breaches any of the aforementioned representations and warranties or (ii) the Referred User’s registration does not timely occur within the 60-day period, neither AcreTrader nor any other person or entity will be required to pay any Affiliate Fee to the Referral Source. The Referral Source will defend, indemnify 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.
AcreTrader reserves the right to modify, cancel or terminate the Affiliate Program at any time, with or without notice and for any reason or nor reason, provided that it will pay any Affiliate Fees that are earned prior to the date of such modification, cancellation or termination. AcreTrader makes no representation or warranty regarding the Affiliate Program, including any warranty regarding the amount of Affiliate Fees, and all implied warranties are expressly disclaimed.
These Terms shall be construed and interpreted in accordance with the laws of the State of Delaware, 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. These Terms are the entire agreement of the parties with respect to its subject matter, cannot be amended unless in a writing signed by all parties, and may be executed in counterparts. 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.