Custom Affiliate Agreement
This document is a legal agreement between you, the “Affiliate” (as defined
below) and Exhedra solutions, Inc. Corporation (“Exhedra”), a Florida
Corporation with corporate offices in Tampa, Florida. These Affiliate’s
Terms and Conditions (“Agreement”) sets forth the provisions under which the
Affiliate may use the web-site for the purpose of referring new Buyers (as defined below) to
the site, in exchange for a fee.
Site(s): www.RentACoder.com and
Exhedra: Exhedra Solutions, Inc. is the parent company and owner of the
Bid Requests: Users of the site desiring to purchase customer software
solutions via a reverse auction make bid requests on the site to solict bids
from software developers.
Bids: Software developers place bids on bid requests, in attempts to solicit
Buyer: Person(s) or company(ies) placing one or more Bid Requests.
Seller: Person(s) or company(ies) placing one or more Bids.
Coder: Another name for a Seller.
Affiliate: Person(s) or company(ies) registered to refer buyers to the site.
Affiliate Website: Web site (or group of web sites) that an affiliate uses
to refer buyers to the RentACoder site.
The initial term of this Agreement shall be
a period of one (1) year from the Effective Date. Thereafter, the Agreement
shall automatically renew for subsequent one (1) year terms. At any time,
either party may terminate this agreement, with or without cause, upon
thirty (30) days prior written notice. Exhedra reserves the right to
immediately terminate any Affiliate who commits fraud, slander, a
denial-of-service attack, violates any agreements with Exhedra, or commits
any other action which it deems inappropriate. Neither party has made any
commitments regarding the duration or renewal of this Agreement beyond those
All applicants who apply for the affiliate program warrant that the
following terms are met by their Affiliate Website.
Affiliate Website may not promote (in any way) sexually explicit material,
discrimination (whether based on race, age, gender, origin, sexual
orientation, disability, religion or other means), violence, illegal
activities, violation of intellectual property rights, defame Rent a Coder
or Exhedra, offer services that compete with Rent a Coder, mislead or
confuse customers about Affiliate's relationship with Rent a Coder or the
Rent a Coder content, or that promote the violation of any Exhedra
Additionally, Exhedra may disqualify sites that do
not meet its editorial standards or that are deemed (at our sole discretion)
unsuitable for the affiliate program.
3. Referring Buyers
Affiliate can refer buyer via any of the affiliate links generated in the
'affiliate links' section of the site. Affiliate warrants that they will not modify the code
in any way. Should the affiliate modify the code, Exhedra will not be
liable in any way (for example for 'missed' affiliate credits), and if
Exhedra determines the modification was malicious, the affiliate may be
guilty of "fraud".
4. Exhedra's Responsibilities
Per the description of "Credited Transactions" below,
Exhedra is responsible for placing the cookie on the machine of buyers who
come in through the Affiliate's links. Additionally, Exhedra is
responsible for tracking these buyers as they make their way through the
Affiliate can view the progress of their referred buyers via the Exhedra
5. Credited Transactions
Affiliate will be assigned a "unique affiliate identifier" and will
be credited when a buyer meets the following criteria:
- The buyer was referred by the affiliate's site
via a valid affiliate link containing the proper "unique affiliate identifier". Should more than one affiliate refer the
same buyer, only the first affiliate will receive credit. Note
that buyers referred by an affiliate link, AFTER being referred by other
means (i.e. links from other sites, paid advertising, etc.) are
NOT credited to an affiliate, and if determined to be intentional (by
Exhedra's sole discretion) can be deemed as "fraud".
- The buyer receives a cookie that allows them to be tracked.
Please note that a minority of Internet users choose to turn off or not accept
cookies. When this happens, the buyer is un-traceable by the
affiliate system and the affiliate will not receive credit.
Affiliate is advised to encourage referred buyers to activate their
cookies before clicking on their referral link, to guarantee proper
- The buyer posts a bid request. This bid request and only this
bid request is eligible for possible affiliate credit. Any subsequent bid
requests by this buyer are not credited. Please note that attempting to create multiple alias
accounts for the same buyer is considered "fraud".
- After one or more bids are received, the buyer accepts a coder who
begins work. When the coder completes work the buyer accepts that
work as 100% complete. At this point, the affiliate is credited.
If the buyer chooses to accept the final work in percentages, then the
affiliate is credited in percentages as well.
Should the project ultimately only go to partial completion (i.e the
buyer accepts a percentage < 100% as complete by the buyer, and through
arbitration or other means the bid request is 'called off'), the
affiliate will be credited based on that %age of partial completion that
Exhedra reserves the right to suspend any affiliate account that it
suspects of fraud. Fraud can be, but is not limited to the following. Please note that all determinations are
to be made solely by Exhera at its sole discretion:
- Transactions where the buyer and the coder are the same party, or
substantially the same party.
- Transactions where buyer was already referred to the site via other means, and was intentionally re-referred with the aim to get additional affiliate credit.
- Transactions where the referral id or cookie was tampered with or modified in any way.
- Transactions where alias accounts are setup for a single buyer or essentialy a single buyer.
Affiliates guilty of "fraud" will be subject to
strict penalties, as detailed under "default".
7. Affiliate Credits
Affiliates are credited a 1/3 profit split (calculated as profit x 0.33).
Profit is calculated as Revenues - Expenses. Revenues are the Rent a
Coder Fee on the bid request in question. Expenses are 5% of the total bid request and apply to
credit card pay pal fees, gateway fees, arbitration and other miscellaneous
Since Profit varies by bidding type, the following
commission schedule details this profit split for the different bidding
Rent a Coder Fee
Your 1/3 profit split
|One on one enhancement
8. Super Affiliates
Affiliate has earned over $500 in affiliate fees, they are eligible to apply
for the super affiliate program. If they qualify, they will earn an
increased profit split of 50% (calculated as profit x .5). Affiliates
who wish to qualify must
email the facilitator . Their account will be evaluated for fraud, and
if it clears then all referrals made after approval will earn the increased
Affiliates are paid via the same system as Coders. If an Affiliate is
also a coder, their payments will be more conveniently lumped into a single
payment. Affiliate and Exhedra agrees to all the rules of payments as described in the
"Payments" section of the Rent a Coder Seller agreement.
(Affiliate agrees to assume the role of "Seller" in that agreement, and Exhedra agrees to assume the role of "Exhedra" in that agreement).
10. Returns, Chargebacks and Cancellations
Should a bid request that the Affiliate is paid a referral fee on, become later
properly canceled, returned or is charged back, repudiated, or rejected by
the buyer or seller, then the credit will be deducted from the Affiliate's
account. (Note that the timespan for this to occur will be limited to Exhedra's span of liability--which is 6 months after the funds are initially escrowed. After this period expires,
the Affilate will no longer be liable should a return, chargeback or cancellation occur.) Should Exhedra determine that this is an intentional action
initiated by or done in colloboration with the Affiliate, it (at its sole discretion) may determine that
the affiliate is guilty of "fraud" and impose the penalties described under
If already paid to the affiliate, this deduction will be taken from the
Affiliates next payment. If there is no 'next payment' then a bill
will be sent to the affiliate who is liable to pay for it within 15 business
days of receipt. Affiliates who refuse to pay will be prosecuted to
the fullest extent of the law and will be considered in default of this
Exhedra retains all right, title and interest to
Exhedra sites and the content contained therein. Nothing in this Agreement
will be construed to limit Exhedra's right to modify any of the content
contained on the Exhedra Site or any aspect of the structure of the Exhedra
Site, or to rename or reposition or change the location of the Exhedra Site,
in its sole discretion. Exhedra shall own all right, title and interest in
and to all information collected from and regarding visitors to the Exhedra
Site and, will have sole and exclusive rights to any and all revenues
arising from transactions for goods or services with users who are referred
through this Affiliate program. Such users will be deemed to be users of
Exhedra. Accordingly, all Exhedra rules, policies, and operating procedures
will apply to those customers. Please note that we may change our
policies and operating procedures at any time without prior notice.
Affiliates that default this agreement may have part
or all of their account suspended and their accompanying credit(s) revoked.
Additionally, all of the affiliate's Exhedra accounts may be suspended and
credits revoked in the same manner.
Exhedra additionally reserves the right to prosecute
all violators to the fullest extent of the law.
Upon termination of this agreement, Affiliate agrees
to immediately cease the use of their account (s) and any materials provided
to them via this agreement, including links and creative.