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Any referral that opens a merchant account with us will pay you a quarterly residual for the life-time of that merchant's account. Once you join the program, we will give you access to Affiliate Central, our web portal exclusive to our Affiliates. View Build Links Tool View Earnings Report
Affiliate Application

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Terms and Conditions:
AFFILIATE MERCHANT REFERRAL AGREEMENT

This agreement is between Technology One, Inc., herein known as (COMPANY), a registered agent of PowerPay, LLC a registered MSP/ISO of HSBC Bank USA, National Association, Buffalo, NY and  the online applicant herein known as (AFFILIATE).  The parties are entering into an Affiliate Merchant Referral Agreement herein known as (“Agreement”).  This Agreement is effective as of the date stamp at the time of online acceptance of the Terms and Conditions herein.

IN CONSIDERATION of the following terms and conditions and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1.1 Affiliate’s Obligations.  AFFILIATE will refer merchant accounts to COMPANY.  No minimum marketing activity is required of the AFFILIATE.  AFFILIATE and/or any of Affiliate’s Registered Agents shall not provide or solicit MasterCard and Visa processing services to any active merchant of COMPANY, which has been referred to COMPANY by AFFILIATE without the prior written approval of COMPANY.

1.2 Company Obligations.  COMPANY shall quote a bankcard discount rate to Affiliate’s referred, qualified merchants, provide said merchants with application and agreement forms, and provide assistance to said merchants in the completion of those forms.  COMPANY shall further provide referred and accepted merchants with its customary complete support and service.  COMPANY shall respond promptly within a reasonable time period to any merchant leads provided by AFFILIATE.  COMPANY shall provide reasonable training and sales support to Affiliate’s marketing personnel related to the sale of merchant bankcard services as needed. 

COMPANY will provide to AFFILIATE quarterly commission reports on all Affiliate’s approved merchant accounts processing with COMPANY.

2.1 COMPANY shall pay AFFILIATE Twenty (20) percent of the Net Profit earned on all Affiliate’s approved merchant accounts processing with COMPANY.  This residual commission shall be paid on or about the 20th day of each month for the revenue earned in the prior month.

2.2 AFFILIATE agrees that at no time is COMPANY obligated to pay residual commissions to AFFILIATE, for any amounts that COMPANY has not received from Clients or Third Party Providers contracted by COMPANY to provide service to COMPANY Clients.

2.3 AFFILIATE agrees that COMPANY is not responsible either financially or legally for the cessation of any third party provider of products or services.

2.4 All AFFILIATE commission payments are subject to change due to changes in merchant rates and fees, provided COMPANY gives its merchants at least thirty days advance notice of any change.

2.5 AFFILIATE grants COMPANY the unconditional right to “buy out” some or all of Affiliates rights to receive residual incentive fees in the event COMPANY sells its merchant portfolio or revenue stream.  In such case, AFFILIATE shall receive an amount equal to the monthly multiple realized by COMPANY from Affiliates average monthly residuals, at the discretion of COMPANY, as calculated by the 3 months average used to calculate “buy out” by the purchaser. 

3.1 This agreement shall be effective for two years from the date the agreement is accepted.  It shall be automatically renewed for successive one-year terms unless the terminating party gives written notice of termination to the other party at least sixty (60) days prior to the effective renewal date.

3.2 Upon fourteen (14) days written notice any party may terminate this Agreement for cause.  “For cause” means any breach of the terms of this Agreement.

4.1 AFFILIATE shall hold COMPANY harmless from any and all demands, liabilities or losses, including attorney’s fees, arising from transactions processed on merchant’s prior account(s) with AFFILIATE.  These include but are not limited to charge backs and related fees.
 
4.2 Each referred merchant shall contract directly with COMPANY for bankcard processing services.  AFFILIATE shall not be liable for any damages, losses or liabilities whatsoever in relation to merchant’s account with COMPANY.  COMPANY shall indemnify and hold AFFILIATE harmless from any demands, liabilities or losses, including attorney’s fees, arising out of transactions processed on merchant’s account with COMPANY.

4.3 The parties agree that the AFFILIATE is not making any express or implied representation or warranty with respect to any referred merchant’s credit worthiness, the nature of the merchant’s business or otherwise.  AFFILIATE shall not assume any credit risk with respect to any referred merchant that COMPANY contracts with to provide merchant processing services.  On the contrary, COMPANY, without reliance on AFFILIATE shall make an independent investigation regarding the acceptance or declination of the AFFILIATE referred merchant.  AFFILIATE makes no representation and assumes no liability concerning the authenticity, validity, accuracy or completeness of any document or instrument provided by any potential merchant.

5.1 Both parties agree not to disclose the terms of this agreement to any third party without the express written consent of the other party. Both parties acknowledge that each may from time to time have access to certain proprietary or non-public information of the other, including but not limited to agreements, price schedules, customer lists, financial information, or other business material marked “Proprietary” or “Confidential”. Both parties agree that Confidential Information shall be held and treated as confidential and will be made available only on a need-to-know basis to authorized employees. Confidential Information will not be divulged to any third party, except as required by law, government regulatory body or ruling of a court of competent jurisdiction over the parties. This Section shall survive termination of this agreement for a period of 1 year.

5.2 Upon termination of this agreement, AFFILIATE shall deliver to COMPANY all Confidential Information and other material in which COMPANY has exclusive rights.

6.1 Notice.  Any notice required pursuant to this Agreement shall be in writing shall be deemed to have been given on the day postmarked by the United States Postal Service, by certified mail, return receipt requested, and postage prepaid, or in overnight courier addressed as set forth below: 

To COMPANY:
Technology One, Inc.
3030 Woodvale Court
Alpharetta, GA 30022

6.2 Assignment. This Agreement may not be assigned by either party without the prior written consent of the other party.

6.3 Waiver.  Failure on the part of any party to exercise any rights or privileges granted to it or to insist upon the full performance of all obligations assumed by the other party shall not be construed as waiving such rights, privileges, obligations or duties, or as creating any custom contrary hereto. Any waiver of any right, privilege, duty or obligation by either party shall not operate beyond its term.

6.4 Venue.  In the event of any dispute or controversy in connection with this Agreement, the terms of this Agreement shall be interpreted pursuant to the laws of the State of Georgia, County of Fulton.

6.5 Entire Agreement.  This agreement constitutes the entire Agreement between the parties for the purpose of AFFILIATE referrals of COMPANY’S products and services. No modification or amendment to this Agreement shall be effective until set forth in writing, executed by the parties and attached as an amendment hereto.

IN WITNESS WHEREOF, the parties hereto shall be considered to have executed this Agreement as of the date stamp at the time of online acceptance of the Terms and Conditions herein.
I have read and agree to the above PowerPay Affiliate Referral Agreement Terms and Conditions.
PowerPay is a registered MSP/ISO of: HSBC Bank USA, National Association, Buffalo, NY and BancorpSouth, Tupelo, MS

© 2010 Technology One, Inc. A registered Agent of PowerPay