Thank you for your interest in being an advocate for Symmetry. Below are the terms and conditions to accept. We do require a W-9 on file for all advocates and you can find a blank copy of this form here.
(1) These Terms & Conditions apply to participants in the Symmetry Advocate Program (the "Program").
(2) In these Terms & Conditions, "Company", "we", "us", and "our" means "Symmetry", the brand owned and operated by CRPM, Inc, a company registered in California.
(3) In these Terms & Conditions, "Advocate", "you" and "your" means the individual or organization that is applying to become a participant in the Program and who will accept these Terms & Conditions upon joining the same.
(4) By accepting these Terms & Conditions you agree to be bound by them and shall enter into a binding agreement with us (the "Agreement").
1. Definitions and Interpretation
1.1 In these Terms & Conditions the following terms shall have the following meanings:
"Business Day" means any day other than Saturday or Sunday that is not a public holiday;
"Cancellation Policy" means our client cancellation policy which can be provided in hard copy at any time at our business address;
"Commencement Date" means the date of your acceptance;
"Commission Rate" means the percentage of commission paid on net sales revenue set out in Sub-clause 10.2;
"Direct Referral" means a sale of a Service Package to a new customer who has been referred to us through your referral app and custom referral link;
"Intellectual Property Rights" means any rights subsisting in a copyright work, trade mark, patent or design;
"Registered Email Address" means the email address of the Advocate as provided in your Registration Data;
"Registration Data" means the information provided by the Advocate when registering for enrollment in the Program;
"Service Package" means a particular set of services available from us as defined in Clause 7; and
"Term" means the term of the Agreement, as defined in Clause 13 of these Terms & Conditions, during which you shall participate in the Program under the terms and conditions set out in the Agreement.
2. Enrollment in the Program
2.1 By enrolling in the Program you agree that, at the time of registration, you will provide accurate and complete Registration Data and that you shall inform us of any changes in your Registration Data.
2.2 Upon your acceptance of these Terms & Conditions, subject to our approval, the agreement is deemed to be in effect. You will not be sent a signed Advocate Agreement in hard copy.
3. Company / Advocate Relationship
3.1 Nothing in these Terms & Conditions shall constitute, or be deemed to create, a partnership between the Parties; nor, except as expressly provided, shall it designate, or be deemed to designate, any Party the agent of any other Party for any purpose.
3.2 Subject to any express provisions to the contrary in these Terms & Conditions, you shall have no right or authority to and shall not do any act, enter into any contract, make any representation, give any warranty, incur any liability, assume any obligation, whether express or implied, of any kind on our behalf or bind us in any way.
4. Referral App and Website Links
4.1 In your app you will have the ability to directly refer clients to us by inputting contact information in a form. You will also have a custom link which can be used on social media, website, newsletters or other marketing materials which allows new clients to self refer by completing the linked form.
4.2 The link as it appears in your app must be copied exactly and not altered in any way. Failure to comply with this condition may result in your receiving no credit for sales of Service Packages that are generated through your emails, social media posts and website.
4.3 We reserve the right to request the alteration or removal of a link from your social media or website.
4.4 You are required to assume full responsibility to maintain all links to our website from your social media and website.
5. Site Maintenance and Content
5.1 Each Party shall be exclusively responsible for maintaining and updating its own website. Subject to the provisions of this Clause 5 and Clause 14 below, neither Party shall have any obligations to the other Party in relation to the maintenance or content of their website.
5.2 Subject to Sub-clause 5.3 of these Terms & Conditions, neither Party may host any content that:
5.2.1 is in any way unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory or otherwise objectionable;
5.2.2 facilitates or promotes violence, terrorism, or any other criminal activity;
5.2.3 is sexually explicit; or
5.2.4 infringes or assists or encourages the infringement of any intellectual property rights belonging to any party.
5.3 Neither Party shall be under any obligation to pre-screen any content added to their website by third parties; however in the event that either Party receives from the other a written notification of any content that falls within that described in Sub-clause 5.2 of this Agreement, such content must be removed within 5 Business Days of receipt of such notice.
6. Display of Company Information
6.1 As an advocate, you are free to display pricing and other information relating to our Service Packages. It is your responsibility to keep such information up-to-date through your own efforts; we will not provide pricing information updates to you.
6.2 We reserve the right to alter pricing at any time in accordance with our own policies.
6.3 Your Responsibilities: As a Symmetry Advocate you agree that:
6.3.1 You are responsible for providing us with full and accurate account information and for keeping that information up to date. Such information might include but is not limited to: contact details, payment details, tax information and any other details we may require. We reserve the right to request additional data regarding all the websites where you promote Symmetry and the promotional practices you use. Failure to provide accurate information may result in exclusion from the Program, suspension or termination of your Advocate account and forfeiture of any future commissions.
6.3.2 You should not create more than one Advocate account.
6.3.3 You should act in good faith to refer customers in good standing.
6.3.4 You should not engage in incentivized programs and business-opportunity sites, using marketing practices that might be unethical or likely to attract customers, not in good standing.
6.3.5 You should not use on behalf of your referrals or encourage your referrals to use on their Symmetry accounts any copyrighted or third-party material without the proper licenses.
6.3.6 You should not copy, alter or modify any icons, buttons, banners, graphics, files or content contained in Symmetry Links, including but not limited to removing or altering any copyright or trademark notices, without prior written approval from us.
6.3.7 You should not engage in any blackhat SEO/spam link building techniques in order to generate more referrals for Symmetry.
6.3.8 Post ads on offensive, illegal, hateful, pornographic, or otherwise distasteful websites.
6.3.9 You agree not to violate any applicable law.
6.3.10 If we detect a pattern in your advocate practices that in our reasonable opinion violates any aspect of the T&C, we reserve the right to suspend or terminate your advocate account and cancel all outstanding commission payments due.
6.4 Advocate Advertising. Inappropriate ways of advertising include, but are not limited to:
6.4.1 Using any illegal or spam method of advertising, e.g. unsolicited email, an unauthorized placing of the link in forums, newsgroups, message boards etc.;
6.4.2 Bidding on keywords and phrases containing the “Symmetry” trademark, or variations or misspellings of the trademarked term on Pay per Click or Pay per Impression campaigns on the search engines (Google, Yahoo, MSN, Ask, Bing or others) without our prior approval. You are not allowed to use the Symmetry Website(s) as display URL in PPC ads and to direct-link or redirect to the Symmetry Website(s);
6.4.3 Using non-unique copyright infringing content to promote Symmetry;
6.4.4 Using traffic generated by pay to read, pay to click, banner exchanges, click exchanges, PPV advertising, or similar methods;
6.4.5 Providing cash backs, rewards or any other kind of incentives to obtain the sale without our prior approval;
6.4.6 Offering price savings methods, including coupon(s), voucher(s), discount codes, or added value offers without our prior approval;
6.4.7 Using our advertising and promotional materials, trademark or name in a way which negatively affects our image;
6.4.8 Your domain name(s), company name, logo, trademark, your product(s), project(s), service(s) must NOT contain keywords and phrases that contain or are confusingly similar to third-party trademarks, names, logos or domain names, unless you have been duly authorized by the trademark owner.
6.4.9 Symmetry shall have the sole right to decide if a promotional method you use is appropriate. The use of any advertising method that we consider inappropriate may result in warning, suspension or termination of your advocate account and cancellation of all outstanding commission payments due.
7. Service Packages
We provide services at our location in Folsom, California. Descriptions for these packages are available in hard copy upon request at our business location and you will get commission for all services sold when directly referred through your app.
8. Orders
8.1 We undertake to use our best and reasonable endeavors to process and fulfil all orders for Service Packages placed by referred customers generated by advocates.
8.2 We reserve the right to reject any orders.
8.3 It shall be our full responsibility to ensure that all orders are completed and that the provision of services is undertaken in accordance with our Service Level Agreements. We shall be responsible for order entry, payment processing, cancellations and all subsequent customer service. You shall have no further involvement with the customer or the completion of the transaction and all customers will be made aware of the same.
9. Advocate Sales Reporting
9.1 We will track the following elements of all sales:
9.1.1 origin;
9.1.2 Service Package selected; and
9.1.3 revenue generated.
9.2 Full reports of all sales generated through your app referrals and links will be available upon request. We reserve the right to alter the form and content of such reports without notice.
10. Commission and Referral Fees
10.1 You will be paid commission at the rates set out in Sub-clause 10.2 on the net revenues of sales generated through your app referrals and custom referral link.
10.2 Commission shall be calculated on the following basis:
10.2.1 All sales that result from Direct Referrals will attract a commission of 10%. Immediate household family members are not eligible for commissions.
10.2.2 In the event that a customer resulting from a Direct Referral renews a Service Package upon the initial sale for which you earned Commission, such a renewal will attract a commission of 10%. Where a customer does not renew a Service Package at the end of that package’s original term but reactivates that Service Package at a later time, such a renewal will attract a commission of 10%.
10.3 In the event that a customer cannot be tracked, no commission will be paid.
10.4 Commission shall be calculated only once we have received payment in full from the customer.
10.5 Commission payouts will be scheduled for the 10th of every calendar month. Every advocate will receive commissions only for customers that have passed their 30-day limit and not cancelled under the terms of the Cancellation Policy.
10.6 Commissions will be sent to the PayPal email address of the Advocate or via check to the address on file as provided in their Registration Data.
10.7 Any and all commission paid to you shall be based on sales revenue; however, you may still be liable to pay tax on your commission. By accepting these Terms & Conditions you hereby acknowledge that you are solely responsible for the payment of tax on any income you may generate through your involvement in the Program.
10.8 We reserve the right to modify our Commission Rates at any time. You will be given 10 Business Days’ prior written notice (the “Notice Period”) of any such change. You will be given the option to opt out of the Program within the Notice Period and will, on the exercise of that option, be paid any Commission due to you.
11. Trade Marks
11.1 Upon your entry into the Program, we shall grant to you a non-exclusive, non-transferrable, royalty-free license to use our logos and trademarks (our “Trade Marks”).
11.2 You may use our Trade Marks only to the extent required to establish links and perform your obligations as an Advocate under these Terms & Conditions.
11.3 In the event that you wish to use our Trade Marks for any purposes outside of these Terms & Conditions you must not do so without prior written consent, such consent not to be unreasonably withheld.
11.4 By accepting these Terms & Conditions you hereby agree that:
11.4.1 our Trade Marks shall remain the property of CRPM, Inc, unless and until we assign those marks to a third party;
11.4.2 nothing in these Terms & Conditions shall be deemed to confer any ownership rights in our Trade Marks on you; and
11.4.3 you shall not contest the validity of our trade marks.
12. Intellectual Property
12.1 Unless otherwise expressly indicated we are the sole and exclusive owners of all Intellectual Property Rights (“IPRs”) in our website including, but not limited to: all code, text, sound, video, graphics, photographs and other images that form a part of the site. We shall also be the sole and exclusive owners of all IPRs which may subsist in any supporting documentation which shall include, but not be limited to, site plans, maps, design sketches and other preparatory material.
12.2 We shall be the sole and exclusive owners of all IPRs which may subsist in all future updates, additions and alterations to our website, such material including any supporting documentation.
13. Term and Termination
13.1 These Terms & Conditions and The Agreement shall come into force and become binding on the Commencement Date and shall continue in force for a period of 12 months from that date (the “Initial Term”). Following the Initial Term, your enrollment in the Program shall be renewed automatically for successive periods of 12 months (each a “Renewal Term”) unless and until terminated in accordance with this Clause 13.
13.2 Either Party may terminate the Agreement by giving 10 Business Days’ prior written notice to the other for any reason.
13.3 Upon the termination of the Agreement for any reason, you shall remove the links established under these Terms & Conditions.
13.4 Upon the termination of the Agreement for any reason, all licenses granted shall also terminate.
14. Confidentiality
14.1 Each Party (a “Receiving Party”) shall keep the Confidential Information belonging to the other Party (a “Supplying Party”) confidential and secret and shall not use or disclose or make the Confidential Information available, directly or indirectly, to any person other than its officers and employees who need the Confidential Information to enable the Receiving Party to perform its obligations under these Terms & Conditions and provided that such officers and employees are also obliged to keep such Confidential Information confidential and secret. The foregoing obligations shall not apply to any information acquired by the Receiving Party which:
14.1.1 at the time of its acquisition was in the public domain; or
14.1.2 at a later date comes into the public domain through no fault of the Receiving Party.
14.2 Each Party hereby agrees and undertakes:
14.2.1 that all Confidential Information shall be and shall remain at all times the sole and exclusive property of the Supplying Party;
14.2.2 that its right to use Confidential Information shall wholly cease upon the termination of the Agreement; and
14.2.3 to return to the Supplying Party on termination of the Agreement all material embodying Confidential Information (including information stored on digital media) or any part thereof and all copies thereof.
15. Force Majeure
Neither Party to these Terms & Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to, power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
16. Severance
The Parties agree that in the event that one or more of the provisions of these Terms & Conditions is found to be unlawful, invalid, or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms & Conditions. The remainder of the Terms & Conditions shall be valid and enforceable.
17. Notice
17.1 Unless otherwise stated in these Terms & Conditions, the Parties agree that all notices to be served under the Agreement shall be in writing and may be sent by email to the other Party’s Registered Email Address.
17.2 These Terms & Conditions shall embody and set forth the entire agreement and understanding between the Parties and shall supersede all prior oral or written agreements, understandings or arrangements relating to the Program or the relationship between the Parties. Neither Party shall be entitled to rely on any agreement, understanding or arrangement not expressly set forth in these Terms & Conditions, save for any representation made fraudulently.
17.3 Unless otherwise expressly provided elsewhere in these Terms & Conditions, the Agreement may be varied only by a document signed by both of the Parties.
18. General
18.1 No Waiver - The Parties shall agree that no failure by either Party to enforce the performance of any provision in these Terms & Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms & Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
18.2 Non-exclusivity - The relationship between the Parties shall be and shall remain non-exclusive. Both parties are free to enter into similar relationships with other parties.
18.3 Non-assignment - You may not assign any or all of your rights or obligations under these Terms & Conditions or the Agreement without our prior written consent, such consent not to be unreasonably withheld.
18.4 These Terms & Conditions and the Agreement shall be governed by the laws of California.
18.5 Any dispute between the Parties relating to the Agreement shall fall within the jurisdiction of the courts of California.