AFFILIATE AGREEMENT, TERMS, AND CONDITIONS
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Effective July 25, 2023
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SUMMARY OF AGREEMENT: This agreement outlines the terms associated with Capturelize It, LLC (“Capturelize”) paying commission fees to third parties for referrals that result in specific product sales outlined below.
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DEFINITIONS
This Affiliate Agreement (this “Agreement”), sets forth the agreement between Capturelize It, LLC, a Georgia Limited Liability Company (“we”, "us") and the person or entity entering into this Agreement (“Affiliate”). In the Agreement, the words “we”, “our", and "us" mean Provider, and the words "you" and "your" mean the Affiliate. The Affiliate Partnership is the term used to identify the contractual relationship between you and Capturelize It, LLC. The Affiliate Partnership begins when you submit the Funeral Home & Crematorium Affiliate Sign-up Form located here. By clicking the "Submit" button for this Agreement and/or using the links and/or other materials issued by Us, you confirm your acceptance of, and agree to be bound by, this Agreement. If you have registered as or on behalf of an entity, such as a corporation, partnership, limited liability company or other entity, then “Affiliate” refers to the entity, and you represent and warrant that you have power and authority to enter into this Agreement on behalf of the entity.
AFFILIATE PARTNERSHIP TERMINATION
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Either party can terminate the Affiliate Partnership at any time. All actions that occur during the Affiliate Partnership timeframe will be held in accordance with the terms of this Affiliate Agreement. The Affiliate Partnership timeframe begins when you agree to this Affiliate Agreement until either party terminates the Affiliate Partnership by giving written notice to the other party by way of electronic notification. If you want to terminate your Affiliate Partnership with us, send us a message here on our Contact Us page specifying your termination of the Affiliate Partnership. If we choose to terminate the Affiliate Partnership with you, we will send you an email to the email address you entered when you submitted the Funeral Home & Crematorium Affiliate Sign-up Form.
COMMISSION PERCENTAGE
The commission percentage we pay Affiliate Partners is 20% of the sales price listed on each applicable product before taxes and shipping is added. The commission percentage does not include the amount charged for taxes and shipping when applicable. We reserve the right to change the commission percentage at any time without prior notification or approval from Affiliate Partners; however, it is in our best financial interests to keep the commission percentage high so our Affiliate Partners continue to have a financially beneficial reason to continue to refer clients to our products.
HOW COMMISSION PAYMENTS ARE MADE
Payments will be made electronically to businesses not individuals when total commission sales equal $200. Each time your commission sales equal $200 or more, send an invoice to Capturelize at Support@Capturelize.com so we can submit each electronic payment to you via Credit/Debit Card. For our protection, payments will only be made over secure networks using notable payment platforms such as PayPal, Stripe, Square, iCheckGateway, CashApp, or any other platform we deem safe. If you are unable to send us an electronic option to submit our payment to you safely, we will send you an alternate form of payment such as a Visa Giftcard in the amount of your commission total minus the fees associated with purchasing and mailing the alternate form of payment to you.
PRODUCT PRICE CHANGES
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We reserve the right to change product prices at any time without your consent, approval of the price change, or notification of the price change. It is your responsibility to check product prices on this website for each applicable product.
SERVICE AREA
Our service area is within the United States of America (excluding Alaska, Hawaii, & Puerto Rico). We do not deliver our products outside of the U.S. or to Alaska, Hawaii, or Puerto Rico.
LEGAL AGE
You must be at least the minimum age to enter into a contractual agreement (age of majority) in the city/state/jurisdiction where you reside to agree to the terms of this Affiliate Partnership.
PROPER AUTHORITY
You must have the authority to enter into this Affiliate Agreement on behalf of the business (funeral home or crematorium) you represent.
COMMISSION SALES TRACKING & PAYMENTS
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We pay commission fees based on orders delivered to the shipping addresses of our Affiliate Partners. We track successful sales based on the shipping address you provided when submitting the Funeral Home & Crematorium Affiliate form. You will be paid the current commission percentage for each eligible product that is purchased from us at the full sales price as long as the purchaser enters your funeral home/crematorium's address as the shipping address for his/her order. If you refer a customer to us who purchases a product but chooses to have the product delivered to a different address that the address you provided, let us know the address it was shipped to and we'll pay you the same commission percentage for that sale.
PROMO CODES VOID COMMISSIONS
Commissions will not be paid on products purchased using a promo code.
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GOVERNING BODY & COMPLIANCE WITH LAW
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Each party shall comply with all U.S. federal, state and local laws, rules and regulations applicable to its activities under this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, U.S.A.
AMENDMENTS AND MODIFICATIONS
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Capturelize reserves the right to modify or update these legal terms of use from time to time at its sole discretion with immediate effect and without advance notice to You. It is Your responsibility to review these legal terms of use for updates periodically. We reserve the right at any time and from time to time to modify or discontinue any of our products and services, our affiliate program (such as Commissions, payment procedures and program rules) and/or the terms and conditions of this Agreement, with or without notice. We may amend this Agreement at any time by posting a revised version accessible via our website on this page, and/or by sending information regarding the amendment to your email address of record with us. Your continued participation in our affiliate program shall constitute your acceptance of the new modifications. If you do not agree to any such modification, you may terminate this Agreement and immediately cease all marketing of our Eligible Products. You agree that such termination will be your sole remedy if you do not agree to any such modification.
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LIMITATION OF OUR LIABILITY
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WE DO NOT MAKE ANY WARRANTY IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND NONINFRINGMENT. WE DO NOT WARRANT THAT OUR GOODS AND SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST REVENUE, PROFITS OR SAVINGS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. OUR MAXIMUM LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE COMMISSIONS PAID OR PAYABLE TO YOU FOR COMPLETED SALES DURING THE DURATION OF THIS AGREEMENT. Any claim or cause of action arising out of this Agreement must be filed within one (6) months after such claim arose.
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AGREEMENT TO ARBITRATE
This Section 1 is referred to in these Terms as the "Arbitration Agreement". You agree that any and all disputes or claims that have arisen or may arise between you and Capturelize, whether relating to these Terms (including any alleged breach thereof), the Services, the Website, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
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1.1 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND CAPTURELIZE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND CAPTURELIZE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER CAPTURELIZE USERS.
1.2 Pre- Arbitration Dispute Resolution
Capturelize is always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us on our Contact Us page and by mail at 2799 Starr Road Morrow, GA 30260.
1.3 Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with JAMS rules and procedures (collectively, the "JAMS Rules"), as modified by these Terms. For information on JAMS, please visit its website, www.jamsadr.com. If there is any inconsistency between the JAMS Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the Limitation of Liability provisions in these Terms of . Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
To commence an arbitration against Capturelize, you must complete a demand for arbitration, submit it to JAMS, and send a copy to Capturelize at 2799 Starr Road Morrow, GA 30260. For more information, see http://www.jamsadr.com/rules-download-rules/. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.
You agree that the arbitration shall be held in the Atlanta, Georgia area. If the value of the relief sought is $10,000 or less, you or Capturelize may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Capturelize subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Capturelize, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Georgia, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Capturelize users, but is bound by rulings in prior arbitrations involving the same Capturelize user to the extent required by applicable law.
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1.4 Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the JAMS' Rules, unless otherwise provided in this Agreement to Arbitrate. If Capturelize prevails in any arbitration under this Section, you shall be obligated to reimburse all fees Capturelize incurs in connection with the arbitration, including without limitation, all attorney fees, within thirty (30) days of the arbitrator’s final decision being rendered.
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1.5 Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
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1.6 Severability
If a court decides that any term or provision of this Arbitration Agreement other than Section 1.1 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 1.1 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms will continue to apply.
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1.7 Future Changes to this Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Capturelize prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against Capturelize prior to the effective date of removal.
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AFTER READING THESE LEGAL TERMS AND CONDITIONS OF USE, IF THERE IS ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE, DO NOT BECOME AN AFFILIATE.