AFFILIATE PROGRAM AGREEMENT THIS AGREEMENT IS BETWEEN Megastar Home Entertainment (“MEGASTAR HOME ENTERTAINMENT”) P.O. BOX 851206 Richardson, Texas 75085, and AUTHORIZED AGENT as specified below.
Whereas
MEGASTAR HOME ENTERTAINMENT has developed the Authorized Agent Program, which enables
businesses, organizations, individuals and other entities to invite individuals, organizations, businesses and other entities to sign-up as subscribers at Filipino Movie Rentals (the “Service”). Under this
Agreement, MEGASTAR HOME ENTERTAINMENT will make the Service available to AUTHORIZED AGENT’S customers via a sign-up page provided by MEGASTAR HOME ENTERTAINMENT.
Terms and Conditions
1. Certain Definitions. As used in this Agreement, the following terms
shall have the following meanings:
(a) “MEGASTAR HOME ENTERTAINMENT Content” shall mean all materials, domain name(s) and
similar information, data and materials collected and/or owned by MEGASTAR HOME ENTERTAINMENT.
(b) “MEGASTAR HOME ENTERTAINMENT Technology” shall mean the underlying technology
developed, owned, or licensed by MEGASTAR HOME ENTERTAINMENT from third parties used to
develop, operate, maintain and enhance the Service.
(c) “AUTHORIZED AGENT Content” shall mean all materials, domain name(s) and similar information, data and materials developed and/or owned by AUTHORIZED AGENT.
(d) “Brand Features” shall mean trademarks, service marks, logos and other distinctive brand features of MEGASTAR HOME ENTERTAINMENT and AUTHORIZED AGENT, respectively, which are used in or relate to the AUTHORIZED AGENT Site, the Service, MEGASTAR HOME ENTERTAINMENT and AUTHORIZED AGENT, respectively.
(e) “Customers” shall mean AUTHORIZED AGENT’S customers that signup for the Service via a link on Filipino Movie Rentals Site or via links in other AUTHORIZED AGENT marketing activities after the
Effective Date of this Agreement.
(f) “Customer Data” shall mean information relating to Customers collected by or for MEGASTAR HOME ENTERTAINMENT in connection with the Service, including the Customer’s contact information. The parties acknowledge that MEGASTAR HOME ENTERTAINMENT may use Customer Data in connection with the Service and the marketing and sale of other MEGASTAR HOME ENTERTAINMENT products and services.
(g) “Subscribers” shall mean entities contained within a Customer’s email database.
(h) “Subscriber Data” shall mean all information and data collected by the Service relating to Subscribers, including Subscribers’ names, addresses, e-mail addresses, and the like.
(i) “Intellectual Property Rights” shall mean all rights in and to trade secrets, patents, copyrights, trademarks, know-how, and similar rights of any type under the laws of any governmental authority,
domestic or foreign, including rights in and to all applications and registrations relating to any of the foregoing.
2. License; Ownership
(a) Use of Service. Promptly following execution of this Agreement, the MEGASTAR HOME ENTERTAINMENT will provide AUTHORIZED AGENT a unique AUTHORIZED AGENT ID which Customers will encode upon signing up when subscribing to the Service. Upon successful sign-up, MEGASTAR HOME ENTERTAINMENT shall make the Service available to Customers. Access to and use of the Service by Customers shall be subject to MEGASTAR HOME ENTERTAINMENT’s user agreements, privacy policies and the like, as such may be amended by MEGASTAR HOME ENTERTAINMENT, from time to time in its sole discretion (“User Agreements”).
(b) Grant of Licenses by MEGASTAR HOME ENTERTAINMENT. Subject to the terms and
conditions of this Agreement, MEGASTAR HOME ENTERTAINMENT hereby grants to AUTHORIZED AGENT a non-exclusive, royalty-free, worldwide license (with no right to sublicense) for the term of the Agreement to use, reproduce and display the MEGASTAR HOME ENTERTAINMENT Brand Features in connection with marketing and promotion of the co-branded web site and the Service; provided, however, all such use, reproduction and/or display of MEGASTAR HOME ENTERTAINMENT Brand Features which has not been previously approved by MEGASTAR HOME ENTERTAINMENT or which is not substantially similar to a use, reproduction and/or display which has been previously approved by MEGASTAR HOME ENTERTAINMENT are
(i) in accordance with reasonable trademark guidelines and restrictions specified by MEGASTAR HOME ENTERTAINMENT, and (ii) subject to MEGASTAR HOME ENTERTAINMENT’s prior approval, which shall not be unreasonably withheld or delayed.
(c) Granting of Licenses by AUTHORIZED AGENT to MEGASTAR HOME ENTERTAINMENT.
Subject to the terms and conditions of this Agreement AUTHORIZED AGENT hereby grants to MEGASTAR HOME ENTERTAINMENT:
(i) to the extent that AUTHORIZED AGENT has any rights therein, a non-exclusive, worldwide, royalty-free license to use the Customer Data in connection with providing the Services hereunder and any necessary activities related thereto, including communicating directly with Customers and Subscribers regarding matters relating to the Service; and
(ii) for the term of this Agreement, a non-exclusive, worldwide, royalty-free license (with no right to sublicense) to use, reproduce and display the AUTHORIZED AGENT Brand Features in connection with the marketing and promotion of MEGASTAR HOME ENTERTAINMENT and the Service; provided, however, that all such use, reproduction and/or display of AUTHORIZED AGENT Brand Features which has not been previously approved by AUTHORIZED AGENT or which is not substantially similar to a use, reproduction and/or display which has been previously approved by AUTHORIZED AGENT, are (i) in
accordance with reasonable trademark guidelines and restrictions specified by AUTHORIZED AGENT, and (ii) subject to AUTHORIZED AGENT ‘s prior approval which shall not be unreasonably withheld
or delayed. Notwithstanding the foregoing, AUTHORIZED AGENT agrees and acknowledges that MEGASTAR HOME ENTERTAINMENT may use AUTHORIZED AGENT’s name, during the term of this Agreement and without AUTHORIZED AGENT’S prior review or approval, in a list of
MEGASTAR HOME ENTERTAINMENT’s customers or other entities with whom MEGASTAR HOME ENTERTAINMENT has entered a similar relationship.
(d) Ownership by MEGASTAR HOME ENTERTAINMENT. AUTHORIZED AGENT acknowledges and agrees that: (i) as between AUTHORIZED AGENT and MEGASTAR HOME ENTERTAINMENT, MEGASTAR HOME ENTERTAINMENT owns all right, title and interest in the Service, the MEGASTAR HOME ENTERTAINMENT Content, the MEGASTAR HOME ENTERTAINMENT Technology and the MEGASTAR HOME ENTERTAINMENT Brand Features (ii) nothing in this Agreement shall confer in AUTHORIZED AGENT any right of ownership in the Service, the MEGASTAR HOME ENTERTAINMENT Content, the MEGASTAR HOME ENTERTAINMENT Technology and the MEGASTAR HOME ENTERTAINMENT Brand Features, other than the limited licenses set forth in Section 2(b) above.
(e) Ownership by AUTHORIZED AGENT. MEGASTAR HOME ENTERTAINMENT acknowledges and agrees that: (i) as between MEGASTAR HOME ENTERTAINMENT and AUTHORIZED AGENT, AUTHORIZED AGENT owns all the right, title and interest in the AUTHORIZED AGENT Content and the AUTHORIZED AGENT Brand Features; and (ii) nothing in this Agreement shall confer in MEGASTAR HOME ENTERTAINMENT any right of ownership in the AUTHORIZED AGENT Content or the AUTHORIZED AGENT Brand Features, other than the limited licenses set forth in Section 2(c) above.
3. Payments. In consideration of the services to be provided and the licenses and rights granted hereunder, Commission payments will be sent at the end of the month when the AUTHORIZED AGENT has a receivable of at least $10. Commission that do not add up to $10 at the end of the month will be carried over to the next month and AUTHORIZED AGENT will receive a check at the end of the month that he/she has accumulated a total of at least $10.
4. Responsibilities; Promotion.
(a) Promotion. AUTHORIZED AGENT shall actively promote and market the Service; provided, however, that all marketing materials or promotional messages not previously approved by MEGASTAR HOME ENTERTAINMENT, shall require MEGASTAR HOME ENTERTAINMENT’s approval prior to use by AUTHORIZED AGENT unless such materials or messages are substantially similar to materials or
messages previously approved by MEGASTAR HOME ENTERTAINMENT.
(b) Notices. After the parties agree to the appearance and placement of any acknowledgement of copyright or other notices that may appear on the MEGASTAR HOME ENTERTAINMENT provided site or on the AUTHORIZED AGENT Site, including all copyright, trademark and similar notices that MEGASTAR HOME ENTERTAINMENT or AUTHORIZED AGENT may reasonably request, neither party will alter, remove or impair any such notice or acknowledgement without the prior approval of the other party.
5. Representations and Warranties.
(a) By Each Party. MEGASTAR HOME ENTERTAINMENT and AUTHORIZED AGENT each represent and warrant to the other that: (i) it has the full corporate right, power and authority to enter into this Agreement and to perform the acts required of it hereunder; (ii) the execution of this Agreement, and the performance of its obligations and duties hereunder, do not and will not violate any agreement to which such party is a party or by which it is otherwise bound; (iii) when executed and delivered, this Agreement will constitute the legal, valid and binding obligation of such party, enforceable against it in accordance with its terms; and (iv) such party acknowledges that the other party makes no representations, warranties or agreements related to the subject matter hereof that are not expressly
provided for in this Agreement. In the event of an error, delay, defect, breakdown or failure of its web site(s), and with respect to MEGASTAR HOME ENTERTAINMENT, the Service, each party’s obligation shall be limited to the use of reasonable diligence under the circumstances to restore its site(s) to operation.
(b) By MEGASTAR HOME ENTERTAINMENT. MEGASTAR HOME ENTERTAINMENT represents and warrants to AUTHORIZED AGENT that it has the right to grant the licenses granted by MEGASTAR HOME ENTERTAINMENT to AUTHORIZED AGENT hereunder and that the MEGASTAR HOME ENTERTAINMENT Technology and the MEGASTAR HOME ENTERTAINMENT Brand Features will not infringe the Intellectual Property Rights of any third party. MEGASTAR HOME ENTERTAINMENT makes no representation or warranty as to the operation of the Service or the accuracy or completeness of any MEGASTAR HOME ENTERTAINMENT Content that is displayed or is otherwise made available on or through the Service.
(c) By AUTHORIZED AGENT. AUTHORIZED AGENT represents and warrants to MEGASTAR HOME ENTERTAINMENT that it has the right to grant the licenses granted by AUTHORIZED AGENT to MEGASTAR HOME ENTERTAINMENT hereunder and that the AUTHORIZED AGENT Content and the AUTHORIZED AGENT Brand Features will not infringe the Intellectual Property Rights of any third party.
6. Limitation of Liability; Disclaimer; Indemnification.
(a) Limitation of Liability. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 6(b) BELOW, IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY
FOR ANY LOST OPPORTUNITY OR PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF THIS AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY AND WHETHER OR
NOT SUCH PARTY TO THIS AGREEMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ANY EVENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY UNDER THIS
AGREEMENT FOR ANY AMOUNTS IN EXCESS OF THE AMOUNTS ACTUALLY RECEIVED BY MEGASTAR HOME ENTERTAINMENT UNDER THIS AGREEMENT.
(b) Exclusions. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO ANY BREACH OF SECTIONS 2 OR 8 OF THIS AGREEMENT, OR ANY PAYMENT OR INDEMNIFICATION OBLIGATIONS HEREUNDER.
(c) No Additional Warranties. EXCEPT AS SET FORTH IN SECTION 5 OF THIS AGREEMENT, NEITHER PARTY MAKES, AND EACH PARTY HEREBY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES CONTEMPLATED
BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
(d) Indemnification.
(i) By MEGASTAR HOME ENTERTAINMENT. MEGASTAR HOME ENTERTAINMENT will indemnify, defend, and hold AUTHORIZED AGENT and its directors, officers, employees and agents harmless from any and all costs, expenses (including reasonable attorney’s fees), losses, damages or liabilities incurred insofar as such costs, expenses, losses, damages or liabilities are based on a claim that the MEGASTAR HOME ENTERTAINMENT Technology or the MEGASTAR HOME ENTERTAINMENT Brand Features infringes any Intellectual Property Rights of a third party. AUTHORIZED AGENT shall promptly notify MEGASTAR HOME ENTERTAINMENT in writing of any claim for which it seeks indemnification, provided the failure or delay in doing so shall not relieve MEGASTAR HOME ENTERTAINMENT from any
obligations to indemnify AUTHORIZED AGENT except to the extent that such delay or failure materially prejudices the defense of such claim. MEGASTAR HOME ENTERTAINMENT will have control of the defense of any action and all negotiations for settlement and compromise. AUTHORIZED AGENT
shall provide MEGASTAR HOME ENTERTAINMENT with reasonable assistance and information necessary to perform the above, with MEGASTAR HOME ENTERTAINMENT to be responsible for any out-of-pocket expenses of AUTHORIZED AGENT in providing such assistance. If AUTHORIZED AGENT desires to have separate legal representation in any such action AUTHORIZED AGENT shall be responsible for the costs and fees of its separate counsel.
(ii) Certain Actions in Response to Infringement. Upon MEGASTAR HOME ENTERTAINMENT's sole determination, or after the entry of any judgment or order not subject to further appeal, that the use of any MEGASTAR HOME ENTERTAINMENT Technology or MEGASTAR HOME ENTERTAINMENT Brand Features infringes upon the rights of any third party and that such use of MEGASTAR HOME ENTERTAINMENT Technology or MEGASTAR HOME ENTERTAINMENT Brand Features must cease, MEGASTAR HOME ENTERTAINMENT at its election shall, at its own cost and expense, either (a) procure for AUTHORIZED AGENT (and the Customers, as applicable) the right to continue the use of such
MEGASTAR HOME ENTERTAINMENT Technology or MEGASTAR HOME ENTERTAINMENT Brand Features “as is”; (b) modify such MEGASTAR HOME ENTERTAINMENT Technology or MEGASTAR HOME ENTERTAINMENT Brand Features in such a way that its use does not infringe upon the rights of third parties and does not materially alter the functionality of the Service; or (c) if MEGASTAR HOME ENTERTAINMENT determines that the alternatives listed in the preceding subparagraphs
(a) and/or (b) are not commercially practicable, terminate this Agreement by notice to AUTHORIZED AGENT and refund to AUTHORIZED AGENT any unapplied prepayments paid to MEGASTAR HOME ENTERTAINMENT by AUTHORIZED AGENT hereunder within the immediately preceding twelve (12) months.
(iii) By AUTHORIZED AGENT. AUTHORIZED AGENT will indemnify, defend and hold MEGASTAR HOME ENTERTAINMENT and its directors, officers, employees and agents harmless from any and all costs, expenses (including reasonable attorney’s fees) losses, damages or liabilities incurred insofar as such costs, expenses, losses, damages or liabilities is based on a claim that the AUTHORIZED AGENT Content
or the AUTHORIZED AGENT Brand Features infringes any Intellectual Property Rights of a third party. MEGASTAR HOME ENTERTAINMENT shall promptly notify AUTHORIZED AGENT in writing of any claim for which it seeks indemnification, provided the failure or delay in doing so shall not relieve AUTHORIZED AGENT from any obligation to indemnify MEGASTAR HOME ENTERTAINMENT except to the extent that such delay or failure materially prejudices the defense of such claim. AUTHORIZED AGENT will have control of the defense of any action and all negotiations for settlement and compromise. MEGASTAR HOME ENTERTAINMENT shall provide AUTHORIZED AGENT with reasonable assistance and information necessary to perform the above, with AUTHORIZED AGENT to be responsible for Megastar Home Entertainment Software Confidential AUTHORIZED AGENT Agreement any out-of-pocket expenses of MEGASTAR HOME ENTERTAINMENT in providing such assistance. If MEGASTAR HOME ENTERTAINMENT desires to have separate legal representation in any such action, MEGASTAR HOME ENTERTAINMENT shall be responsible for the costs and fees of its separate counsel.
7. Term and Termination
(a) Term. This Agreement becomes effective on the Effective Date and shall remain in effect for one (1) year following the Effective Date, unless terminated earlier pursuant to the provisions of this
Agreement. At the end of the initial term, this Agreement shall renew for an additional one (1) year term.
(b) Termination for Cause. If either party materially defaults in the performance of any provision of this Agreement, and such default is not cured within thirty (30) days after the other party gives written notice of such default, then such other party shall be entitled to terminate the Agreement upon giving written notice of termination to the defaulting party.
(c) Termination for Convenience. Either party may terminate this Agreement with thirty (30) days written notice.
(d) Termination for Competitive Products and Services.
MEGASTAR HOME ENTERTAINMENT may terminate this Agreement, immediately, in the event that
AUTHORIZED AGENT or any of its affiliates enters into the business of providing products or services substantially similar to MEGASTAR HOME ENTERTAINMENT's products and services.
(e) Effect of Termination. Termination shall not relieve either party of any obligations incurred prior to the termination. Upon termination, AUTHORIZED AGENT agrees to (i) cease all promotions of
the Service; (ii) cease all use of the MEGASTAR HOME ENTERTAINMENT Technology and the
MEGASTAR HOME ENTERTAINMENT Brand Features; and (iii) cease making the Service available in
or through the AUTHORIZED AGENT Site or otherwise, and upon request of MEGASTAR HOME ENTERTAINMENT, to promptly destroy or return to MEGASTAR HOME ENTERTAINMENT all copies
(electronic or written) of the MEGASTAR HOME ENTERTAINMENT Content, the MEGASTAR HOME ENTERTAINMENT Technology, and any other confidential or proprietary information of MEGASTAR HOME ENTERTAINMENT in AUTHORIZED AGENT’S possession or control. Upon termination, MEGASTAR HOME ENTERTAINMENT agrees to cease all use of AUTHORIZED AGENT Content (but specifically excluding Customer Data) and AUTHORIZED AGENT Brand Features, and to promptly destroy or return to AUTHORIZED AGENT all copies (electronic or written) of the AUTHORIZED AGENT Content, and
any other confidential or proprietary information of BUSINESS PARTNER in MEGASTAR HOME ENTERTAINMENT's possession or control. Without in any way limiting the foregoing, the parties agree that following termination MEGASTAR HOME ENTERTAINMENT may continue to make the Service available directly to Customers subscribing to the Service prior to termination, without any liability or obligation to AUTHORIZED AGENT.
8. Confidentiality.
(a) Protection of Information. In connection with the business relationship contemplated by this Agreement, MEGASTAR HOME ENTERTAINMENT and AUTHORIZED AGENT may provide each other with confidential information and trade secrets, including without limitation, information on their respective
organization, business, finances, personnel, services, systems, pricing structure, proprietary products and processes, transactions and/or business relations (collectively, the "Information"). The term "Information" shall not include (i) information generally available to the public through no fault of the other party, (ii) information which the other party had already had knowledge of, (iii) information which has become part of the public domain through no fault of a party, and (iv) information ordered to
be disclosed by subpoena, other legal process or requirement of law. Each party agrees to retain in confidence at all times and to require its employees, consultants, professional representatives and agents to retain in confidence all Information disclosed by the other. Each party shall only use the other’s Information as contemplated by, and in connection with the performance of this Agreement.
(b) Non-Use of Subscriber Data. MEGASTAR HOME ENTERTAINMENT and AUTHORIZED AGENT each acknowledge that it shall not make any use of Subscriber Data, except as may be necessary in order to provide the Service to Customers or Subscribers.
9. Miscellaneous Provisions.
(a) Amendment. MEGASTAR HOME ENTERTAINMENT reserves the right to change, amend, alter, or modify the terms of this Agreement by providing AUTHORIZED AGENT with thirty (30) days written notice or email of the change, amendment, alteration, or modification of the Agreement. BUSINESS
PARTNER shall have the right to terminate this Agreement as of the effective date of such change, amendment, alteration, or modification by providing MEGASTAR HOME ENTERTAINMENT with written notice of AUTHORIZED AGENT’S intent to terminate the Agreement no later than fourteen (14) days
prior to such effective date..
(b) Entire Agreement. This Agreement sets forth the entire agreement of the parties and supersedes any prior agreements, written or oral, with respect to the transactions set forth herein.
(c) Construction. In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be construed, or if any provision is held invalid by a court of competent jurisdiction, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. There shall be no presumption for or against either party as a result of such party being the principal drafter of this Agreement.
(d) Independent Contractors. The parties to this Agreement are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an
association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.
(e) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Texas, without reference to conflicts of laws or choice of laws rules. All legal actions relating to this Agreement shall be brought in the state or federal courts located in Dallas, Texas.
(f) Notices. Unless otherwise stated, notices under this Agreement shall be in the Terms and Conditions page for agents in the Filipino Movie Rentals web site. All notices to MEGASTAR HOME ENTERTAINMENT shall be sent to the attention of President.
(g) Force Majeure. Neither party shall be deemed in default or otherwise liable under this Agreement due to its inability to perform its obligations by reason of any cause beyond that party’s control.
(h) Assignment. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. Neither party may assign this Agreement, in whole or in part, without the other party’s written consent; provided, however, that either party may assign this Agreement without such consent in connection with any merger, consolidation, sale of all or substantially all of the party’s assets or any transaction in which more than fifty percent (50%) of the party’s voting securities are transferred.
(i) Waiver. Except as otherwise provided in this Agreement, any failure of either party to comply with any obligations, covenants, agreements or conditions herein may be waived by the party entitled
to the benefit thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
(j) Counterparts. This Agreement may be executed in any number of counterparts, all of which taken together shall constitute a single instrument. Execution and delivery of this Agreement may be
evidenced by facsimile transmission.
(k) Survival. Sections 2(c) (i), 3, 5, 6, 8 and this Section 9 shall survive any termination or expiration of this Agreement.
AUTHORIZED AGENT AGREEMENT
April 2006
Exhibit A
Payments & Additional Terms
1 AUTHORIZED AGENT Programs:
AUTHORIZED AGENT Program
Initial MEGASTAR HOME ENTERTAINMENT shall pay AUTHORIZED AGENT at the end of the month when the agent has a receivable of at least $15. Commission that do not add up to $15 at the end of the month will be carried over to the next month and agent will receive a check at the end of the month that he/she has accumulated a total of at least $15.
The AUTHORIZED AGENT should bring in at least 5 new sign-ups every 180 days to maintain your authority as an FMR agent. Should you fail to bring in at least 5 new sign-ups within 180 days, your AUTHORIZED AGENT account will be cancelled.
As an AUTHORIZED Agent, your commission rate is $1.00 per member sign-up. Once you reach a total of 50 sign-ups, you will be elevated to the AUTHORIZED PARTNER level.
AUTHORIZED PARTNER Program
Initial MEGASTAR HOME ENTERTAINMENT shall pay AUTHORIZED PARTNER at the end of the month when the agent has a receivable of at least $15. Commission that do not add up to $15 at the end of the month will be carried over to the next month and agent will receive a check at the end of the month that he/she has accumulated a total of at least $15.
There are two ways on how to become an AUTHORIZED PARTNER.
1. You can start as an AUTHORIZED AGENT and when you have reached a total of 50 sign-ups, you will be elevated to the AUTHORIZED PARTNER level.
2. You can pay the $39.95 sign-up fee to become an AUTHORIZED PARTNER right away without having to go through the Agent level.
As an AUTHORIZED PARTNER, you will also be required to bring in at least 10 new sign-ups every 180 days to maintain your authority as an FMR agent. Should you fail to bring in at least 10 new sign-ups within 180 days, your Authorized PARTNER account will revert back to AGENT status. However, this is not applicable for those who paid the $39.95 sign-up fee.
As an AUTHORIZED PARTNER, your commission rate is $1.25 per Bronze member sign-up, $1.75 per Silver member sign-up, and $2.25 per Gold member sign-up.
As an AUTHORIZED PARTNER, you will be provided by MEGASTAR HOME ENTERTAINMENT a website which you can use to promote the Services.
2. Additional AUTHORIZED AGENT Details:
(a) MEGASTAR HOME ENTERTAINMENT Site Promotion. MEGASTAR HOME ENTERTAINMENT shall include AUTHORIZED AGENT in its AUTHORIZED AGENT directory.
(b) Marketing Content. MEGASTAR HOME ENTERTAINMENT shall provide AUTHORIZED AGENT with access to the MEGASTAR HOME ENTERTAINMENT Extranet Website for promotional materials for marketing Filipino Movie Rentals. Additional content will be provided to AUTHORIZED AGENT by MEGASTAR HOME ENTERTAINMENT upon request by AUTHORIZED AGENT.
(c) Filipino Movie Rentals AUTHORIZED AGENT Account. Megastar Home Entertainment shall provide AUTHORIZED AGENT materials for AUTHORIZED AGENT’S use in promoting their and MEGASTAR HOME ENTERTAINMENT’s products and services to AUTHORIZED AGENT’S customers. This account may not be resold, sublicensed, or used for any business other than to promote the AUTHORIZED AGENT’S and MEGASTAR HOME ENTERTAINMENT’s products or services. Use of this account is subject to Filipino Movie Rentals’s standard terms and conditions.
(d) AUTHORIZED AGENT Reporting. MEGASTAR HOME ENTERTAINMENT will provide a URL, login and password to both activity and revenue reports showing all Customer accounts that have signed up using the AUTHORIZED AGENT ID. This is what Commission payments will be based on.
(e) AUTHORIZED AGENT Extranet. MEGASTAR HOME ENTERTAINMENT will provide a URL, login and password to the MEGASTAR HOME ENTERTAINMENT Partner Extranet, which includes marketing, promotional and educational materials for AUTHORIZED AGENT to use in promoting Filipino Movie Rentals.
