TCF AFFILIATE COMPENSATION PROGRAM
Terms & Overview

Our Affiliate Compensation Program rewards you for referring new clients to us who then engage us successfully for marketing services. This relationship is governed by the terms contained in this document. By sending us referrals in exchange for any compensation you are agreeing to be bound by this agreement in full as well as our applicable Terms of Service (https://thecustomerfactory.com/terms-of-service/)

Affiliates are defined as outside organizations and persons (such as consultants) who are in a position to refer prospective clients to us.

Our current company clients who decide to become affiliates may opt for our Service Award Program (see "Option C" below), which has service benefits for their practices in lieu of cash commissions.


The Services

Our services are billed to clients on a monthly basis for a set management fee. We also provide upsell paid services including additional campaigns, and marketing via other channels. All these come under the heading of "management fees" or "program fees." Budgets paid or passed through to Facebook or any 3rd party are not counted as management or program fees and are not compensated for under this agreement.


Affiliate Responsibilities

Affiliates are responsible for connecting qualified prospects to our Business Development team (President@thecustomerfactory.com).

To be eligible for commission referral information must include:

1. Full and correct contact information including their website address, and;

2. A personal introduction of some kind that results in a sales presentation within 30 days.

3. Optionally, the prospect can indicate you sent them to us before or during their service demonstration.

Prospects must have expressed interest in services such as ours and know at least generally that The Customer Factory is a Facebook advertising agency that specializes in generating new patient appointment requests from paid advertising.

Our Sales team will contact them and endeavor to sign them up for our services. At which point affiliate compensation would be due to you.


Affiliate Compensation

As of referrals made after 17 July 2023, Affiliates receive 10% of our gross collections of program management fees from the client for 12 months provided the client stays on continuous service. This 10% is paid on the main service as well as any upsells or additional services for that client at the original location of their service. It does not apply to additional locations for the same client if those are purchased at a later time.


Client Service Award Option

Current TCF Clients may waive monetary commission payment and instead receive a comensuate service award on their account for the same amount. This award can only be used to offset the monthly program fees and have no cash value. Campaign Service awards expire upon termination of service paid service. Compensation via Servcie Awards follow the rules governing commissions under this agreement and may be reportable under law.

Clients may be eligbile for alternate expanded rewards under our "Golden Ticket" program which governed by this and additional documentation as applicable.


Commission Payments

Commissions are paid by check. Payment reporting is done as required by US law. Payees will be required to fill out proper tax paperwork before receiving their first payment.

It is our policy to make payments promptly when due. We have found that automatic prompt payment to affiliates generates more future referrals.

Recurring commissions are paid monthly for all eligible net service revenue collected from the previous month.

Commission payments may be adjusted due to client refunds or chargebacks.

Contact our Vice-President of Accounts at vpaccounts@thecustomerfactory.net for any questions related to payments.


Eligible Referrals

Prospects you refer must sign up for paid service within 60 days of being referred to us.

We cannot pay commissions for referrals received when the person is already an active prospect with our sales department. An “active prospect” means we have presented our services to them within the last 90 days. This restriction can be waived if you are deemed by our staff to have been instrumental in closing the prospect for services.

You must be the first affiliate to have referred them to us in the last 90 days. We do not split commissions between affiliates.

Your prospect must not have been a client of ours within the past 2 years.

Clients who ask for, and receive, a refund or repayment on services in their first month of paid service are not commissionable.

If a referred client stops paid service with us for more than 30 days and then returns to us later due to our efforts, no future commission is owed.

Commissions can only be collected one time on the first referral of a new client. You cannot collect multiple commissions on a single client over any time frame. You may not receive any paid compensation for referring any organization for which you have any ownership or employment relationship. Consultants are fine.


Affiliate Restrictions

To be eligible, affiliates must be accepted in advance with our Vice-President of Business Development (vpbizdev@thecustomerfactory.net). We prefer for our affiliates to have seen a service presentation so they can accurately represent our services.

Affiliates cannot make promises to prospective clients regarding revenue estimates or results.

No inducements to become clients are allowed. Anything that warps the relationship and is intended to increase the affiliate’s commissions without helping the client and our company is not permitted.

Affiliates are independent contractors and must maintain that status. Affiliates may not represent themselves as agents, partners, or staff of The Customer Factory. You may not promote our services using any kind of paid promotional methods, spam, or paid advertising. Social medial posting is fine. It is expected that you will use your existing personal relationships with prospects to promote our services.

This agreement does not grant the right to use our trademarks, service marks, intellectual property, or materials in any broad promotion. You may not assign or transfer your rights or compensations under this agreement to any other entity or person.

Our company staff, employees, or their immediate families are not eligible to be affiliates.


Our Rights

We do well because we are willing to refuse marginal or troublesome clients. Thus, we reserve the right to reject any prospect and not pursue them as a client at our own discretion. This is usually only done if they are too small, unqualified, abusive, previously banned from service, or have strong indications that they will be a “high maintenance” or unsuitable client.

We reserve the right to drop referred clients from our service at our own discretion and for any reason. This would stop the collection of fees and thus the commissions paid on them.

We reserve the right to discount client services, raise prices, grant free service, etc. at our own discretion and for our own business purposes. This may impact your commissions.

We reserve the right to stop accepting referrals from any referral partner, but in such a case, we will continue making any commission payments honestly earned.


ADDITIONAL TERMS

Program and Agreement Revisions

The company may, without notice to you, at any time, revise this agreement. The company may also make improvements or changes to or discontinue all or part of this program and/or in the products, services, or programs described in this document and/or provided by the company at any time without notice.


Reports and Access

The program does not include the creation or access to any detailed reports on clients, or campaign sub-metrics including but not limited to data related to impressions, clicks, conversion rates, split-tests, etc. Participation in this program does not entitle you to access to any of the company's creative property, materials, client lists, contact information, internal policies, or financial records.


Testimonials & Case Studies

Providing us with a testimonial in any format (including a video interview) shall be deemed agreement with our talent release form which is hereby made a part of these terms of service and survives termination of services. This is applicable to yourself and anyone acting on your behalf or in the service of your organization. Additionally, you waive any intellectual property rights and protections plus include your irrevocable, unqualified, and unlimited permission and full free release to publish and display any provided material in whole or in part for our own purposes. In providing a testimonial you agree that we may further create and distribute any derivative works, including case studies, that include all or part of the testimonial, for inclusion in our marketing. A case study may reveal certain aspects of your results and business practices and may include displaying your testimonial, images, and other intellectual property. You hold us harmless from using such materials for any legal use. This clause survives the termination of the affiliate relationship and/or services.


Laws and Regulations Compliance

We will endeavor to abide by all local, professional, and state regulations regarding the relationship as we understand them. However, the final responsibility and risk is yours for any legal, professional, consumer, public or other adverse consequences resulting from your participation in our affiliate program as described herein by us and to hold us, our agents, contractors, staff, and vendors harmless against any damages or claims resulting in whole or in part, directly or indirectly, as a result of the activities under this agreement.


Incidental Advice

We do not provide any form of management, legal, professional, financial, tax, medical, employment or business consulting under this agreement. We do not provide IT (Internet Technology) consulting or assistance. Any advice on any of these topics given during the term of this agreement shall be deemed incidental and free advice without any warranty or commercial value.


Severability

If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable. Section titles in this document are for convenience purposes only.


No Waiver

The failure to enforce performance of any provision by either party shall not affect either's right to require performance at any time thereafter nor shall a waiver of any breach or default of this contract constitute a waiver of any subsequent breach or default or a waiver of the provision itself.


Entire agreement

Agreements in writing such as this are to protect both parties and to clearly define the relationship and responsibilities of each. This agreement constitutes the entire agreement between the parties with respect to its subject matter. It supersedes all previous agreements and understandings between the parties. The parties agree that email is a valid notification mechanism for all activities under this agreement.


Dispute Resolution

Program participants who feel that they have been treated unfairly, did not receive what they were promised, or who otherwise are upset may file a dispute with the company Claims Verification Board.


Disputes cannot be filed by underlings, employees, or anyone not acting as your legal representative. You agree that the only recourse to settle a dispute related to this program shall be via the company dispute resolution procedure as administered by the Claims Verification Board.

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