Terms And Conditions
This is a legal agreement between you herein referred to as “ Affiliate” and Buy Metro Pre Owned Auto Sales herein referred to as “Dealer” . By signing up for our Referral Program herein referred to as “Affiliate Referral Program” you are affirmatively stating that you have read, understand and agree the terms and conditions set forth herein and you agree to be bound by the terms hereof. You cannot become a member Affiliate Referral Program unless you have accepted each and every term hereof.
1. Joining the Program
By completing and filling out the signup form you will automatically become an Affiliate Referral Member and are bound by the terms of this agreement. Your participation in the program is solely for this purpose: to legally refer persons to our websites, to promote our products through social media and to family, friends, and acquaintances for the purpose of selling our vehicles to them.
2. Revocation of Referral Member Status
You shall also be responsible for ensuring that materials posted on social media by you do not violate or infringe upon any Canadian or Provincial laws or the rights of any third party (including but not limited to, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted by you on any social media or other internet or web sites or any signs, ads in print etc. are not libelous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following:
• Inappropriate advertisements (False claims, misleading hyperlinks)
• Spamming (mass email, mass newsgroup posting, etc...)
• Advertising on sites containing/promoting illegal activities
• Violation of intellectual property rights.
• Attempt to cheat, defraud or mislead us in any way
• Engage in popup advertisement network activities
3. Referral Links
You may use graphic and text links only approved and provided by Dealer on any of your social media sites or any other methods you use to promote our products. The site may also be advertised "offline" in classified ads, magazines, and newspapers. You may use the graphics and text provided to you by us, or you may create your own as long as they are approved in writing by us prior to use.
4. Affiliate Member Tracking
We will make our best efforts to electronically identify any referrals by you to our website or referrals who call or show up or email our Dealership. All such referrals generated by you must be identified as coming from you prior to or at the time they make an initial contact with our Dealership. If we are not able to confirm this, then no referral payment will be made. We have electronic means to determine you have sent referrals to our websites when you use the links, we supply you however for referrals sent by you who visit, call or email our dealership we must be advised in writing, by phone or by email of the referrals name prior to their initial contact with our dealership.
The following payment structure is as follows:
• Per Sold and Delivered Vehicle by Dealer Vehicle from Your Referrals - $250. Such referral will only be considered eligible for commission for 60 days from date Dealer receives the referral.
Example: If you send us 5 referrals and 2 referrals subsequently purchase and take delivery of a vehicle each, you will get 2 x $250 = $500.
The Commission Rate is subject to change from time to time by e-mail notice to you and commencing the 30-days following such notice.
All commissions are paid out in Canadian dollars, and you will be responsible for any and all taxes you may be liable for as a result of the payment. You must sign an invoice we will prepare on your behalf from yourself to us for each payment you receive.
Commissions deemed due and owed to you under the program will be paid to you directly by Dealer after any holding period and in accordance with a regular payout cycle established by Dealer. The current holding period is 15 days after the vehicle is sold and delivered. This is to ensure all bank documentation is correct and no chargebacks have occurred. Holding periods may be changed by notice sent to you via email with 15 days' notice.
7. Terms of the agreement
These terms will begin upon your signup with the Affiliate Referral Program and will end if your referral account is terminated or you advise Dealer you wish to terminate the program. The terms of this agreement may be modified by us at any time in writing or by email to you. If any modification to the terms are unacceptable to you, your only choice is to terminate your referral account. Your continuing participation in the program will constitute your acceptance of any changes.
We will not be liable for indirect or damages (loss of revenue, commissions etc.) due to referral tracking failures, loss of database files, and any results of "intents of harm" to the program or our website. We do not make any expressed or implied warranties with respect to the referral program and/or products sold at this site. We make no claim that the operation of the referral program and our website will be error-free, and we will not be liable for any interruptions or errors.
We make no express or implied warranties or representations with respect to the Affiliate Referral Program, or any COMPANY services or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
10. Representations and Warranties
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide Dealer with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith. You also represent you are of legal age in the province you reside in to enter into this agreement.
We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Referral Program Agreement made specifically for you and not generally available to other members of the Referral Program, website, business and financial information relating to Dealer, customer and vendor lists relating to Dealer and any members of the Referral Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark, or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person's use of the information.
You hereby agree to indemnify, defend and hold harmless the Dealer its officers, directors, employees, agents, referral members, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Referral Members Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your actions as an Affiliate Referral Member.
This Agreement will be governed by the laws of Canada and the Province of Nova Scotia without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
We consider you as an independent third party and as such no tax is deducted by us from payouts. In no cases are you or will we consider you an employee of Dealer. Dealer will not be liable for any unpaid taxes on your behalf. If you are a registrant for GST or HST you will need to provide your HST/GST registration and we upon verification will add HST/GST to the amounts, we pay you.
14. Binding Arbitration
By participating in this referral program, you agree to binding arbitration for any disputes or claims that arise against Dealer in conjunction with this program. An arbitration firm selected by Dealer will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.
Hours of Operation
Monday – Thursday
8:30am - 8:00pm
8:30am - 6:00pm
8:30am - 5:00pm
Hours of Operation
Monday – Friday
8:00am - 5:00pm
8:30am - 12:30pm