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Terms of Affiliation (TOA)

Please read these terms and conditions of affiliation before registering as an affiliate. By registering as an affiliate you explicitly agree to comply with and be bound by the following terms and conditions (the "Terms of Affiliation").

PropertyWikia reserves the right to change or modify these Terms of Affiliation or any policy or guideline of the website, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions to this website, and you waive any right you may have to receive specific notice of such changes or modifications. Your use of your member's area following the changes and/or modifications will confirm your acceptance of such changes or modifications. Please review these terms and conditions periodically and check the version date for changes. There may be other rules or guidelines which we post from time to time throughout this website; these are incorporated by reference into the Terms of Affiliation even if not explicitly mentioned in the agreement below.

1. Definitions

1.1 "Sale", “Sales” - a completed property sale or rental confirmed as sold/rented in the negotiator by both the buyer and seller or landlord and tenant. 
1.2 "Customer", "Owner" – any of the users associated with the use of PropertyWikia.com to include property owners, property sellers, landlords, property agents/realtors.
1.3 "Affiliate", "You" - you and other individuals you refer to PropertyWikia and who subsequently become accepted as an affiliate.
1.4 "Payment" - commission owed to you by PropertyWikia part of the RMV Group, paid on sale/rental of a property listing.
1.5 "Unpaid Payment Balance" - commission earned by you as a result of achieving Sales (as defined above) which has not yet been paid to you.
1.6 "PropertyWikia", "Us', "We" – PropertyWikia part of the RMV Group, Level 33, 25 Canada Square, Canary Wharf, London E14 5LB United Kingdom Europe.
1.7 “Cost” – the associated cost PropertyWikia charges to hard code a registered area for an Affiliate in PropertyWikia to recognise property listings being listed without using their Affiliate URL and to calculate Area Licence Overrides.
1.8 “Area Licence Overrides”, “ALO Overrides” – a payment that is generated/credited when someone lists a property on PropertyWikia in the sales territory of an Affiliate and paid on sale/rental.
1.9 “Introduction”, “Introduce” – a property owner or agent/realtor that is recommended to PropertyWikia by the affiliate and lists their property.
1.10 “Suppliers” – any partner or person or company providing PropertyWikia a service or product.
1.11 “Area Licence” – a licence that is reserved for an affiliate when they order an area. Other people generate ALO Overrides to the affiliate licence holder when they list, paid on sale/rental.
1.12 “Sales Territory” – is one or more areas ordered by an Affiliate to represent PropertyWikia in.
1.13 “Area” – a town or city area.
1.14 “Agent”, “Realtor”, “Broker” – an entity that is not the owner of the property and is working on behalf of the owner to achieve a sale.
1.15 “Override”, “Commission Override” – a payment generated by your down-line when a property is listed.
1.16 “No Failure Income Guarantee”, “Guarantee”, “NFIG” - a guarantee/warranty made by us in order to insure the affiliate's income each area they add to their sales territory. Each area is guaranteed to payout $0.00 every 25 weeks for a maximum period of two (2) years on the proviso the affiliate validates their guarantee/s subject to the provisions of term 8 below even if we fail to sell/rent the properties listed.
1.17 “Global Commission”, “Commission” – includes your sales and rental commission, commission overrides, compensation and compensation overrides, but not ALO Overrides. Commission is only payable on completed listings that are sold/rented and confirmed as in (1.1) above.
1.18 “PAL Marketing Tool” – a tool that is used to create basic listings to showcase agents and owners in order to introduce them.
1.19 “Basic Listing”, “Partial Listing” – a listing that has been created by the Affiliate that has not yet been updated by the property’s owner.


2. Introduction

2.1 This Affiliate membership agreement ("the Agreement") is made between PropertyWikia part of the RMV Group ("PropertyWikia") and the Affiliate ("You").
2.2 By entering into this agreement you are undertaking that you are over the age of 18 years.
2.3 You are not an employee of PropertyWikia. You are personally responsible for payment of any taxes to the government of residency. PropertyWikia will not be liable for any taxes unpaid by you.


3. Your Responsibilities

3.1 You will provide accurate and complete information to PropertyWikia that is not misleading in any way regarding your identity.
3.2 You will not provide PropertyWikia with any information or materials that infringe the rights of others (including any intellectual property rights).
3.3 You will not provide, promote, distribute, place or otherwise publish on behalf of or against PropertyWikia any information that is libellous or defamatory.
3.4 You may not charge any third party for the service PropertyWikia provides any user of PropertyWikia.com
3.5 Under the terms of this agreement; PropertyWikia does not prevent you working for another employer or company.
3.6 You must not at any time during or after termination of this agreement disclose or make use of your knowledge of any confidential information about PropertyWikia. Confidential information includes (without limitation) all and any information about business plans, research and development projects, product formulae, processes, inventions, designs, discoveries or know-how, sales statistics, marketing surveys and plans, profit or loss, PRICEs and discount structures, the names address and contact details of customers and potential customers or suppliers and potential suppliers which the PropertyWikia treats as confidential.
3.7 You may link to www.PropertyWikia.com via your www.cashwikia.com Affiliate URL only or any page within the site from your website, email or other promotional material. Simply cut and paste the link code within your affiliate account. You may add or remove as many links to PropertyWikia at anytime.
3.8 You must include your affiliate URL to enable us to allocate the referral, introduction and resultant commission to you as defined in your affiliate account. Simply cut and paste the link code within your affiliate account. You are responsible to ensure these links are formatted correctly.
3.9 You may promote PropertyWikia to refer sub affiliates more commonly known as a down-line.
3.10 You may not include, mask or forward the PropertyWikia or CashWikia name or URL in any activities classed as SPAM in any way shape or form including email and newsgroup spamming. If you use SPAM or offer our services on any SPAM oriented site or in any other manner, method or way we will terminate your account immediately. Any unpaid commission will not be paid to you and will remain the property of PropertyWikia.
3.11 You may not bid in any pay per click listing on the registered trademarks PropertyWikia or CashWikia and/or any phrase containing the trademarks PropertyWikia or CashWikia.
3.12 Current Affiliates may not sign themselves up as sub-affiliates under their own Affiliate URL in order to generate the additional commissions for their own listings and referrals. We have extensive tracking software in place to deter this. If we find that this ever the case, the account(s) in question will be immediately terminated and any commission unpaid since our last commission payout will remain sole property of PropertyWikia.
3.13 If you basic list property for showcasing to the property’s associated owner you must abide the terms and conditions of this agreement to include term (7).


4. PropertyWikia's Responsibilities

4.1 PropertyWikia will pay you commission on any sale now or in the future where clients are initially introduced to PropertyWikia via your Affiliate URL or link containing your Affiliate URL or valid link containing your Affiliate ID. Commission is credited on property listing and only becomes due and payable on sale/rental and then paid subject to and under these terms.
4.2 PropertyWikia will pay you commission overrides on all sales achieved by your down-line Affiliates now or in the future. Commission overrides are credited on property listing and only become due and payable on sale/rental and then paid subject to and under these terms.
4.3 PropertyWikia will set the level of commission and has the right to change the level of commission. PropertyWikia reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on our website.
4.4 PropertyWikia will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Affiliate agrees not to hold PropertyWikia liable for any of the consequences of such interruptions.
4.5 PropertyWikia will pay you weekly compensation for any property listing that does not convert to a sale within twelve (12) weeks until the sale is made, providing the owner of the listing has made every effort to help PropertyWikia sell/rent their property to include responding to buyer/tenant requests within 72 hours, their property is not overpriced, the owner responds to any security checks to verify the owner's identity, ownership and ability to sell/rent their property within a reasonable time set by PropertyWikia and then also subject to the listing terms published on the owner's property listing form and accepted by the owner at the time of listing their property.
4.6 PropertyWikia will pay you weekly compensation overrides for any property listing made by your down-line that does not convert to a sale within twelve (12) weeks until the sale is made, providing the owner of the listing has made every effort to help PropertyWikia sell/rent their property to include responding to buyer/tenant requests within 72 hours, their property is not overpriced, the owner responds to any security checks to verify the owner's identity, ownership and ability to sell/rent their property within a reasonable time set by PropertyWikia and then also subject to the listing terms published on the owner's property listing form and accepted by the owner at the time of listing their property.
4.7 PropertyWikia will reserve you an area licence position in each area of your sales territory.
4.8 PropertyWikia will pay you an area licence override for each property listed on PropertyWikia in your sales territory with the exception of listings made by your down-line and introductions/personal volume.
4.9 PropertyWikia insures each area of your sales territory against failure to earn you $0.00 with the PropertyWikia no failure income guarantee providing you abide by the terms and conditions of this agreement to include term (8) regarding validation of your guarantee. Each guarantee starts on related area licence associated cost's payment final cleared funds date.
4.10 PropertyWikia will pay you compensation owed before sale of the associated property listing, but subject to term (5.2), (4.5) and (4.6).


5. Payment

5.1 Payment of global commission for listings on your account will only be made once you have activated/upgraded your affiliate account by ordering a minimum of one (1) PropertyWikia area and paying its associated cost.
5.2 Payment of global commission will only be made once your unpaid global commission balance is greater than or equal to $0.00 and if the unpaid global commission balance is less than $0.00 then this sum will be added to the payment for the following month and no payment will be made in the current month.
5.3 Subject to the provisions of clauses 5.1 and 5.2 above, payment of global commission will be made thirty (30) days following the last day of the month the commission was claimed by you.
5.4 Payment of global commission will be sent to you as per your selected method which can be altered at any time before payment using your member’s area profile page. It is important that any change of address is also updated on your profile immediately.
5.5 In the event that such payments are not banked by the Affiliate within six months of deposit then PropertyWikia will be entitled to retain such monies.


6. Affiliates are Paid Commission, Overrides & Compensation at the Following Values

6.1 $0.00 once-off commission for each property sold listed by your introductions.
6.2 $0.00 once-off commission for each property rented listed by your introductions.
6.3 $0.00 once-off commission override for each property sold in your down-line.
6.4 $0.00 once-off commission override for each property rented in your down-line.
6.5 $0.00 weekly recurring compensation for each property listed by your introductions not sold within 12 weeks and paid weekly until sold date. Compensation is only paid for completed listings.
6.6 $0.00 weekly recurring compensation for each property listed by your introductions not rented within 12 weeks and paid weekly until rental date. Compensation is only paid for completed listings.
6.7 $0.00 weekly recurring compensation for each property listed in your down-line not sold within 12 weeks and paid weekly until sold date. Compensation is only paid for completed listings.
6.8 $0.00 weekly recurring compensation for each property listed in your down-line not rented within 12 weeks and paid weekly until rental date. Compensation is only paid for completed listings.
6.9 $0.00 once-off ALO Overrides for property listed for sale in your sales territory by anyone else,  except your own introductions and down-line, but listings by another affiliate who is not part of your own down-line do pay you ALO Overrides. ALO Overrides are paid on sale/rental.
6.10 $0.00 once-off ALO Overrides for rental property listed in your sales territory by anyone else, except your own introductions and down-line, but listings by another affiliate who is not part of your own down-line do pay you ALO Overrides. ALO Overrides are paid on sale/rental.
6.11 ALO Overrides are paid every twenty-five weeks and not subject to clause (5.2).
6.12 Commission is credited to your account on listing and claimable on the day of sale and payment is made subject to clause (5.1) and (5.2) above.
6.13 Compensation is paid in addition to your Commission. If a listing pays compensation it can also pay you commission when it achieves a sale in the future.


7. PAL Marketing Tool Basic/Partial Listings & Listings in General

7.1 When you create a basic listing using the ‘PAL’ marketing tool, it is your sole responsibility to make the highest possible quality basic listing to give PropertyWikia the best marketing tool to help you introduce the associated property owner in order to obtain a sale.
7.2 You hereby agree to remove any liability whatsoever from PropertyWikia if any listing does not contain a reasonable amount of accurate content in order to introduce the associated owner or sell/rent the property.
7.3 You must not include any of your name or contact details in any listing.
7.4 You will only include details and a description relevant to the basic property listing and its local area and other relevant required information requested by the PAL marketing tool in order to make a professional basic listing.
7.5 To represent PropertyWikia affiliates are required to make 35 personal HQ listings from any location worldwide in each twenty-five week period.
7.6 Your basic listings cannot be used directly to make a sale without the associated owner of the property having first updated the listing with their own contact details. Affiliates must not basic list their own property.
7.7 The sale of any listing must be transacted by the owner of the associated property. Listings will be checked to ensure that the legal owner of the property is in charge of the listing and able to sell/rent it legally. Only properties listed by the legal owner are valid. PropertyWikia can use any means available to qualify a property listing is valid and can block, de-list or suspend any listing that does not pass PropertyWikia's security checks. Affiliates are not permitted to use an owner's account unless the property is legally the affiliate's property to sell/rent. Affiliates are permitted to list one (1) personal property they personally on for sale/rent.
7.8 Your basic listings must not contain images belonging to and/or infringe the copyright of an agent or realtor or any other person or entity.
7.9 If you list or encourage the listing of any property falsely or fictitiously or prevent PropertyWikia from obtaining a sale for your property listing then your account(s) in question will be immediately terminated and any commission unpaid since our last commission payout will remain sole property of PropertyWikia.
7.10 If you list or encourage the listing of any property containing abusive, racial hate, illegal, pornographic, adult related, vulgar, obscene, offensive, defamatory, libellous or any other content deemed to be not relative to the property industry that causes us or a customer concern or complaint then your account(s) in question will be immediately terminated without notice and any commission unpaid since our last commission payout will remain sole property of PropertyWikia.
7.11 If you cheat PropertyWikia in any way then your account(s) in question will be immediately terminated without notice and any commission unpaid since our last commission payout will remain sole property of PropertyWikia and any associated cost will be retained by PropertyWikia.
7.12 You give PropertyWikia permission to remove any listing without notice if the listing breaches any of the terms and conditions of this agreement and/or terms and conditions of use and/or terms and conditions of service and you hereby agree to remove any liability whatsoever from PropertyWikia for the removal of your listing.
7.13 You will not get paid compensation for basic listings until the property’s owner has updated the property listing and we have not achieved a sale within 12 weeks. You will not get paid commission or compensation for any incomplete listing or listings in security check or listings that breach any term or condition of this agreement or the terms and conditions of the property owner/agent/realtor.
7.14 It is your responsibility to introduce the associated owner of any basic listing you create. Partial, incomplete, delisted, ficticious, duplicated, pending owner update, fake and fraudulent listings or listings in security check and listings sold/rented by another person or entity and not through PropertyWikia are not valid for commission, compensation or NFIG.
7.15 It is your responsibility to include the agent’s contact details of any basic listing in the marketing section of the PAL marketing tool in order to introduce the agent. You must not do this anymore than two (2) times for the same salesperson working for an agency.


8. PropertyWikia Affiliate’s No Failure Income Guarantee (NFIG)

8.1 You will be paid an income of $0.00 in the event you order a minimum of one PropertyWikia area, have 175 new properties listed within a 25 week milestone and we did not sell/rent all of them.
8.2 This guarantee is valid for each area you order.
8.3 Your property listings are not area sensitive and the 175 property listings can be located anywhere around the World meaning; the 175 listings do not have to be located in the area you are validating. Listings from non upgraded affiliates do not count.
8.4 If an affiliate has two areas in their sales territory and get 380 properties listed and we do not sell/rent all of them within the 25 week milestone, we will choose which two (2) areas to payout the two (2) income guarantees of $0.00.
8.5 Each area is guaranteed for four (4) guaranteed incomes of $0.00 spaced equally over a two (2) year period. Each equal guaranteed period is known as a milestone and each milestone is 25 weeks long.
8.6 Listings made in one milestone cannot be carried over to the next. Each milestone starts from zero listings.
8.7 Once a guaranteed payout has been made, any of the 175 property listings that were paid out for under the guarantee, being unsold at the time of payout will not be valid for future commission when a sale takes place.
8.8 Once a guaranteed payout has been made, any of the 175 property listings that were paid out for under the guarantee, being unsold at the time of payout and remain unsold during any part of future milestones will attract compensation payments until a sale occurs.
8.9 All completed listings made in your down-line count towards any of your NFIG validation target/s whether sold or not. To qualify for the volume from your down-line to be added to your personal volume, your personal volume must be no less than 16 completed listings.
8.10 Property completely listed on the PropertyWikia website inside an area of your sales territory by a property owner, agent or affiliate that has not been introduced/initiated by you or your down-line and not using your Affiliate URL will generate an ALO Override for your account. ALO Overrides also count towards any of your NFIG validation target/s.
8.11 Each of your areas is guaranteed to payout $0.00 every 25 weeks for a maximum period of two (2) years to a maximum of four (4) times on the proviso you validate guarantees subject to the provisions of this agreement, but especially term (Term 8).
8.12 Area guarantees are paid out even in the event that we fail to sell/rent the properties being counted towards a guarantee's validation providing that the total number of completed properties listed is equal to one-hundred-and seventy-five (175) at the time of milestone expiration. Properties listed by an affiliate that has not upgraded are invalid.
8.13 Any duplicate, fake, fraudulent, erroneous, incomplete, automated or basic/partial listing that is not updated at time of validation will not be counted towards the total figure. Listings by affiliates that are not upgraded or terminated are not valid towards the NFIG number. All listings must comply with term (7) of this agreement to be vallid and countable towards the NFIG number.


9. Limitation of Liability

9.1 PropertyWikia shall not be liable to the affiliate for defects in the service, interruptions in the accessibility to the service, infringements on data or loss of data on the information handling system, defects in the security system or viruses or other harmful software components, loss of profits, contracts, loss of reputation, loss caused by any third party deleting, removing, deactivating or tampering with the affiliate tracking service or other indirect or consequential loss whether arising from negligence, breach of contract or whatsoever.
9.2 We make no express or implied warranties or representations with respect to the PropertyWikia Affiliate program or any PropertyWikia service including; without limitation; warranties of fitness; merchantability; non-infringement or any implied warranties arising out of a course of performance.
9.3 All earnings shown on PropertyWikia.com are accurate to the best of our knowledge and shouldn’t be construed as being "typical". Affiliate’s earnings may vary and will be based on your dedication, desire and motivation to work hard and earn money.
9.4 We make no guarantees regarding the level of success you may experience.
9.5 Testimonials and examples published on PropertyWikia.com are exceptional results which do not apply to the average Affiliate and are definitely not intended to represent or guarantee that anyone will achieve the same or similar results. Testimonials appearing on PropertyWikia are added by users and the users accept any and all liability for their content.


10. Copyright/Intellectual Property.

10.1 PropertyWikia owns all copyrights, trademarks, intellectual property rights, know-how or any other rights connected to the service or software necessary for the service. The affiliate does not acquire any rights or licences whatsoever under this agreement other than to use links to PropertyWikia.com on the terms of this agreement.


11. Artificial Traffic

11.1 The affiliate must not in any way generate or contribute to generating artificial traffic to PropertyWikia.com.
11.2 The affiliate should not use any means of artificial traffic to gain commission to include the use of software or products that alter fellow affiliate’s link codes or intercept click through traffic from the affiliate to PropertyWikia.com.
11.3 Any affiliates using programs to cheat, generate artificial traffic or listings and/or intercept other affiliate’s click through traffic will have their account/s terminated immediately without notice and any unpaid commission will not be paid to you and will remain the property of PropertyWikia.


12. Modification

12.1 We may modify any of the terms and conditions contained in this agreement at any time and in our sole discretion by posting a new agreement on our website. Modifications may include, but not limited to, changes in the scope of available commission, payment terms, payment procedures and program rules. Your continued participation in the program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.


13. Relationship of Parties

13.1 You and we are independent contractors, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything published on our website.


14. Term and Termination

14.1 By submitting the Affiliate registration form you are entering into this agreement and confirming you have read these Terms and Conditions and agree to them and shall remain in effect until terminated.
14.2 The Affiliate is entitled to terminate this Agreement with immediate effect at any time in writing or by email immediately. On termination any monies owed by PropertyWikia to you will be paid during the normal payment cycles.
14.3 The Affiliate must cease to use the service immediately upon the termination of this agreement and delete all links to PropertyWikia and for the avoidance of doubt; the Affiliate shall not be entitled to receive any future commission or overrides after the termination date.
14.4 PropertyWikia is entitled to terminate this Agreement and/or suspend the Affiliate from the PropertyWikia service at any time for any reasonable reason, giving reasonable notice where possible to include failure to represent PropertyWikia subject to term (7.5) above.
14.5 In the event of fraud, PropertyWikia is entitled to terminate and/or suspend the Affiliate from their Program without any notice and your account(s) will be immediately closed without notice and any commission unpaid since our last commission payout will remain sole property of PropertyWikia.
14.6 The Affiliate shall acquire no rights following the termination of this agreement to use Intellectual Property Rights of PropertyWikia including domain names or any text, images, banners or any other works created by or for PropertyWikia.
14.7 If you break any of the terms and conditions PropertyWikia has the right to terminate this contract immediately. Any unpaid commission will not be paid to you and will remain the property of PropertyWikia.


15. Thirty (30) Day Refund Policy

15.1 I understand and agree that if I wish to cancel my affiliate account after activation/upgrade I can claim a full refund providing that; all property listed during the period of activity has been listed correctly and my account has not been terminated for SPAM or breach of contract, and then under some circumstances we may opt to relinquish code in order to recompense. All refund requests must follow the protocol available by sending a blank email to: refund@propertywikia.com - refunds can be paid by the payment processor payment was initiated, bank wire or international bankers order at the discretion of PropertyWikia. Date of refund request is the date of delivery of signed original refund documentation downloaded from the refund@propertywikia.com autoresponder and not date shown on any paperwork.


16. Enforcement & Voidance

16.1 If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.


17. Jurisdictions and Choice of Law

17.1 These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the U.K., as it is applied to agreements entered into and to be performed entirely within the U.K.
17.2 Any action you, any third party or PropertyWikia brings to enforce these Terms and Conditions or, in connection with any matters related to this website or the PropertyWikia service or Affiliate program shall be brought only in the U.K., and you expressly consent to the jurisdiction of said courts.
17.3 PropertyWikia does not make any representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.


Last updated: October 18th 2011.