Affiliate Terms & Conditions

Terms of Use: (Revised on May 2016)

Hi, my name is Scott Hurtado and I am happy to have you on my site. My team and I will try to keep things as simple as possible in this page because as we all know, the “Terms and Conditions” can be too technical and confusing at times. If you have any questions, feel free to contact me on the contact page.

This is an agreement (“Agreement”). Please read this Agreement carefully. By applying to participate in the Affiliate Program, you are agreeing to the Terms of this Agreement. You are also agreeing to the Terms of Use and our Privacy Policy.

In this Agreement, when we say “you,” “your,” “Customer,” and “Client,” we mean you, the owner of the ScottHurtado.com Account and the person utilizing the Service, Products, or Consulting that we offer. When we say “we,” “our,” “us,” “Provider,” and “ScottHurtado.com,” we mean us as a business and entity.

There may be other agreements that govern our relationship besides this one. This Agreement is maintained independently of any other agreement(s) between us and you, even if we are engaged in other service agreements or arrangements such as professional services or consulting, software development, or web development. The following agreements are incorporated into this Agreement by reference: our Terms of Use and the Agreements within our sites. We may also offer or provide services from time to time through third parties that are governed by the terms and conditions of the respective service providers. Those terms and conditions are either referenced in this Agreement, below, or will be made available to you at the time of your purchase of the particular service. By using that service, you agree to be further bound by any rules that are applicable to us with respect to those service providers.

This Agreement may only be modified or supplemented by us, and I, along with my team, reserve the right to amend or supplement this Agreement at any time, at our discretion. When we change it or supplement it, we will do our best to provide you notice and point out what is different or new. We may also post rules and guidelines applicable to specific products or services in the various areas of our Website that describe them. You are responsible for reviewing this Agreement and our Website for any rules or guidelines applicable to specific areas of our Website and any amendments or supplements to this Agreement, change in our rates, or change to the Service (“Changes”). If at any time, you do not agree to the terms of this Agreement or any of the policies in our Website, please discontinue use of the Services, immediately close your account(s), and cease participation in the Affiliate Program. We’ll miss you, but we’ll understand. Your continued use of the Service and/or participation in the Affiliate Program after posting of any Changes constitutes your acceptance and agreement with the Changes and all Changes shall supersede any previous agreements between you and us. Notice of any Changes shall be considered given and effective on the date that we update our Website with said Changes. You must periodically review this Agreement to ensure you know of any changes we will implement.

You have a choice. It’s OK if you don’t want to agree to this Agreement and not participate in the Affiliate Program, but please understand that by applying to and participating in the Affiliate Program, you completely and unconditionally agree to be bound by all of the terms of this Agreement.

DEFINITIONS

For the purposes of this Agreement, the following definitions apply and any undefined terms have the meaning ascribed to them in the context in which they are used in this Agreement:

  1. i. “Affiliate Program” refers to the program managed by us which rewards participants with cash payout for the initial purchase of Service made by a person referred to ScottHurtado.com by Affiliate.
  2. ii. “Service” refers to a commissionable product or service offering of ScottHurtado.com.
  3. iii. “Lead” refers to a potential (not existing) customer, referred to us by Affiliate.
  4. iv. “Referred Customer” refers to a Lead that has purchased a Service by way of Affiliate’s link to our Website.
  5. v. “Affiliate Commission” refers to the monetary compensation (USD) that we pays out to Affiliate for the initial purchase of Service made by the Referred Customer.
  6. vi. “Affiliate Link” refers to the banner or text code Affiliate provides to the Lead in order to direct traffic to our Website for Affiliate Commission.
  7. vii. “Self Referral” refers to any new Service or Membership account which our records indicate is owned by Affiliate, established by way of Affiliate’s own Affiliate Link.
  8. viii. “Affiliate Center” refers to the control panel through which Affiliate manages all affiliate activity. The Affiliate Center is located on your account and you can login to your account here: http://scotthurtado.com/login
  9. ix. “Affiliate Account” refers to the specific account in the Affiliate Center accessed and controlled by Affiliate.
  10. x. “Content” refers to any materials, including, but not limited to code, text, links, images, photographs, messages, graphics, music, sounds, video, files, data, software, applications and any other materials the Customer may store on or about the Service, Membership or Account.

(A) GENRAL

(1) Eligibility

(a) In order to participate, there are some general rules that apply:

  1. i. The Affiliate Program is open to the general public and anyone can sign up to become an affiliate.
  2. ii. To be considered for participation in the Affiliate Program, you must complete the Affiliate Program online application at http://scotthurtado.com/affiliates (“Apply”).

Applying does not constitute acceptance into the Affiliate Program.

We reserves the right to approve or deny any application for membership in the Affiliate Program to anyone, at anytime, for any reason or no reason.

(2) Applying to Participate

(a) When applying, please don’t tell us lies or give us fake information because this will get you banned from our Affiliate Program. When you apply for participation in the Affiliate Program, you will be required to provide the data required in the Affiliate Program online application form (“Affiliate Program Registration Data”). In providing the Affiliate Program Registration Data, you warrant and represent that:

  1. i. The information you are providing about yourself is true, complete, current, and accurate, as well as up to date;
  2. ii. If we approve your application to participate in the Affiliate Program, you will maintain and promptly update the Affiliate Program Registration Data to keep it true, complete, current, and accurate; and
  3. iii. You are of 18 years of age, or of legal age in your country, and free to enter into this Agreement. If at any time we discover or have reason to suspect that the Affiliate Program Registration Data you provided us is untrue, incomplete, not current, or inaccurate, or if we discover or are otherwise made aware that you are not at least 18 years of age or of legal age in your country, we will terminate your Affiliate Account with immediate effect and without prior or further notice. In such a case, any unpaid Affiliate Commission will be forfeited and you will not be paid out any Affiliate balances that you have in your account. If we approve your application for participation in the Affiliate Program, we will create an Affiliate Account for you and send you notification and additional information concerning the approval and next steps you need to take.

(3) Login Credentials

(a) Protect your Affiliate Account password like you would your wallet. You are solely responsible for maintaining the security and confidentiality of the login credentials used to access your Affiliate Account and all actions that take place under your Affiliate Account will be considered done by you. In no event shall we be held liable to Affiliate, or any other person, firm, entity, or party, in any case where the Affiliate Account is hacked or otherwise accessed by an unauthorized person, firm, entity, or party. Affiliate agrees to assume all liability for any unauthorized access to the Affiliate Account.

(B) AFFILIATE COMMISSIONS

(1) General

(a) Here’s the breakdown on the Affiliate Commission (yes, it’s really simple):  We pay out 75% commissions to all affiliates.

(b) To be eligible for the Affiliate Commission, the following conditions must be met:

  1. i. Your Affiliate Account must be active and in good standing at the time of the Referred Customer’s purchase of Service;
  2. ii. The Referred Customer’s account and Service must be active and in good standing prior to the date we disburses payment of any Affiliate Commission to you; and
  3. iii. The Referred Customer must arrive at our Website via your own Affiliate Link.

Eligibility for Affiliate Commission is subject to verification by us. All decisions as to whether an Affiliate Commission was earned will be made at our sole discretion, and are final.

(c) The following restrictions apply to the Affiliate Commission:

  1. i. Affiliate is eligible for Affiliate Commission only on new account sign-up for Service or products bought;
  2. ii. Affiliate is ineligible for Affiliate Commission on existing purchases;
  3. iii. Affiliate will not earn retroactive Affiliate Commission on Services purchased prior to joining the Affiliate Program;
  4. iv. Affiliate is only eligible for Affiliate Commission on the Referred Customer’s initial purchase of Service via the Affiliate Link, and not additional or subsequent purchases, accounts, or upgrades by Referred Customer.

(d) Where applicable, the following will be deducted from the Affiliate Commission:

  1. i. Any chargeback issued against us in connection with any Referred Customer’s purchases which was referred by you; and

(e) Credit goes to whoever’s Affiliate Link was last clicked. If the Lead you refer to us navigates to our Website via the link of another Affiliate, and, according to our records and logs, purchases Service via the other Affiliate’s link (i.e., becomes a “Referred Customer”), the other affiliate, not you, will be credited with any applicable Affiliate Commission earned. In other words, whoever’s link the Referred Customer clicked on last is the Affiliate that will be credited with any applicable Affiliate Commission. This situation can result from a variety of circumstances, including, but not limited to, the Lead having navigated to our Website from a coupon code website operated by a person who is also an Affiliate.

(2) Payments

(a) A word (well, actually, several words) about payment of the Affiliate Commission.

  1. i. Affiliate will receive Affiliate Commission payment in U.S. currency, via PayPal.
  2. ii. The Affiliate Commission will appear in the affiliate management center as “Pending” until payout, which is every two weeks.
  3. iii. Affiliates are solely and completely responsible for ensuring everything is up-to-date information, including, without limitation, PayPal info, email addresses, payee information, name, or any other personal information that will impact our ability to issue payment of an Affiliate Commission. Any failure to provide up-to-date information, as just described, may result in the forfeiture of any Affiliate Commission payment due to you, at our sole discretion.
  4. iv. We is not responsible for lost, stolen, or misdirected Affiliate Commission payments.
  5. v. Affiliate Commissions that are left unclaimed or that are returned to us for invalid or insufficient payee information, or for any other reason(s), will be forfeited.

(b) As far as payment of Affiliate Commission is concerned, it is your responsibility to:

  1. i. Report all Affiliate Commission you earn to the IRS or any other tax collecting agency, as applicable to you, and pay any applicable taxes;
  2. ii. Ensure that your PayPal account is active, free of restriction or other limitation, and able to accept PayPal payments from U.S.-based companies;
  3. iii. Pay any and all fees, taxes, duties, levies, exchange rates, surcharges, related interest or penalties, and/or any other expenses you may incur or are otherwise assessed by PayPal or any other financial institution, government agency, or other third party as a result of your participation in the Affiliate Program;
  4. iv. If you are a U.S. citizen, complete and provide us with a valid W-9 form within 90 days of an Affiliate Commission being earned. If you fail to provide this within the period specified, any Affiliate Commission earned will be forfeited.
  5. v. We are not responsible for lost, stolen, or misdirected Affiliate Commission payments.

(c) We may withhold, delay, refuse, or reverse an Affiliate Commission payment if:

  1. i. We have reason to believe that your Affiliate Account is or has been associated with fraudulent activities, including, but not limited to, activities we believe are or were intended to defraud or cheat us, regardless of the amount of time that may have lapsed since the signup occurred;
  2. ii. We receive a chargeback related to a Referred Customer(s) associated with your Affiliate Account, regardless of the amount of time that may have lapsed since the signup occurred;
  3. iii. The Referred Customer downgrades or closes their purchase;
  4. iv. The Costumers you keep Referring show a history of  Customer closing and charging back after Affiliate payout;
  5. v. There is an unusually high volume of cancellations and/or chargebacks related to the Referred Customer(s) associated with your Affiliate Account;
  6. vi. Any of the terms set forth in (B)(1)(b) are not satisfied; or
  7. vii. We have reason to believe that you have breached any provision of this Agreement.

(C) PROHIBITED CONDUCT

(1) Exclusion list

(a) You can’t do any of the stuff on this list:

  1. i. Breach any provision of this Agreement or any of the Incorporated Agreements;
  2. ii. Violate any rights of any party;
  3. iii. Violate any local, state, federal, or other law;
  4. iv. Create multiple or fake accounts, or “self-refer” account(s) using multiple or fake email addresses or identities;
  5. v. Bid on trademark, trademark+, or misspelled keywords or trademarks for the purpose of pay-per-click (“PPC”) on search engines (e.g., Google, Yahoo, Bing, Ask, etc.);
  6. vi. Use “cookie stuffing” techniques that set the tracking cookie without the user actually clicking on the affiliate link (e.g., a 1×1 pixel iframe);
  7. vii. Generate a Lead or Referred Customer through illegal or fraudulent means, including, without limitation: (i) domain speculation; (ii) email, forum, blog, or social media spam; (iii) forced iframes; (iv) through CPC ads using our trademarks or in any way exploiting our brand name; or (v) through any other means which we determine, in our sole discretion, is questionable;
  8. viii. Copy, reproduce, transmit, or display our website, or any portion thereof, in any way, for any reason;
  9. ix. Employ redirected pages and/or links to send a user to our website (e.g., Affiliates may not have a PPC link on a search engine that redirects the user to our website);
  10. x. Set up a domain(s) to forward directly to our website (domain forwarding) using an affiliate link(s) or any other link(s);
  11. xi. Upload, disseminate, distribute, transmit, link to, or otherwise facilitate access to any content that infringes on any patent, trademark, service mark, trade secret, copyright, or other proprietary rights (“Intellectual Property Rights”) of any party; or
  12. xii. Upload, disseminate, distribute, transmit, link to, or otherwise facilitate access to any spam (unsolicited bulk email) in an effort to send Leads to our website.

(D) ADVERTISING

(1) General

(a) Advertising with Banners and Text Code. Affiliates may, and are encouraged to, use our-approved banners, videos, landing pages, and ad text code found in the Affiliate Center. Alternatively, Affiliates may create their own banners, landing pages, and links if they choose to. If use of any our intellectual property is desired, Affiliate must first obtain written authorization from us and any use must be in accordance with the terms of this Agreement. The ability to include our-approved banners, videos, landing pages, and ad text code (as found in the Affiliate Center) is provided only as a convenience. Any other banners, videos, landing pages, ad text code, or other Content you choose to use in connection with your participation in the Affiliate Program does not imply any affiliation, endorsement, or adoption by us of the banners, videos, landing pages, ad text code, Content, or website associated with the banner, banners, videos, landing pages, or ad text code, nor does it indicate that such Content complies with the terms of this Agreement. Affiliates are solely responsible for ensuring that their tracking code is working properly before sending traffic to our servers. Any modification to the links we provide is the sole responsibility of the Affiliate. No Affiliate Commission will be paid for tracking errors of any kind, including, without limitation, any tracking errors caused by Affiliate’s editing, masking or tampering with links.

(b) The FTC has some rules you have to follow with regard to advertising. Affiliates are required to comply with all Federal Trade Affiliate Commissions regulations related to advertising, including, without limitation, Federal Trade Affiliate Commission 16 CFR 255, which, in part, requires that material connections between advertisers and endorsers be disclosed. Essentially, directories, blogs, and other websites, email or other collateral that purport to provide an endorsement or assessment of an advertiser (in this case, we) must prominently disclose the fact that financial or in-kind compensation is provided from the advertiser. If you want more information, please visit the FTC’s website. Please note that the FTC guides and this summary of such information do not constitute legal advice. You should obtain legal advice on how the FTC guides apply to you.

(E) NOTICES OF COMMUNICATION

(1) Methods of Communication

(a) We’re going to send you stuff, and you can send us stuff, too. You consent to receive electronic communications (email) from us regarding your participation in the Affiliate Program (“Communications”). The Communications may be those that we required to send to you by law concerning the Services (“Required Communications”), or may also be for other reasons. We may provide these Communications to you by sending an email to the email address we have on file for the Affiliate Account or by posting the Communications to our Website. You also consent to receive Communications by telephone or postal mail sent to any postal address or telephone number you provided in connection with the Affiliate Account, although we are not obligated to use these mediums to send Communications to you. You may change the email, postal address, or telephone number we have on file for the Affiliate Account through the online account interface.

(b) We’re not responsible if the stuff we try to send you doesn’t reach you. We are not responsible for and shall not be liable for any late, lost, misdirected, intercepted, unsuccessful, or otherwise failed efforts to send any Communications or Required Communications to you or any other person or party.

(2) Common Courtesy

(a) Don’t ignore us. That’s just rude. To avoid suspension or termination of the Affiliate Account, you are required to act in accordance with the terms of any of the Communications or Required Communications we may send to you, within the timeframe specified in such communications. If we make three or more attempts to reach you regarding any matter that requires your attention or action, and we do not receive a response from you within 24 hours of our third attempt, in our sole discretion, we may suspend or close the Affiliate Account without prior notice.

(F) TERM & TERMINATION

(1) Your Right to Stop Participating in the Affiliate Program

(a) If you want, you can stop participating in the Affiliate Program. This Agreement shall be effective as long as our records indicate that you are actively participating in the Affiliate Program. You may terminate your participation in the Affiliate Program at any time by submitting a request to do so via your Affiliate account center.

(2) Our Right to Terminate your Participation

(a) We may terminate your participation in the Affiliate Program. We may, in are sole and absolute discretion, deactivate any Affiliate Account and terminate this Agreement, without warning or notice, if:

  1. i. We record indicate that the Affiliate Account has or is generating a large number of fraudulent hosting accounts;
  2. ii. We record indicate Affiliate is reselling the hosting services;
  3. iii. We become aware that Affiliate is using false or misleading advertising to attract sign-ups;
  4. iv. We have reasonable suspicion to believe that the Affiliate Account is being used to or is associated with fraudulent activities or conduct that we believe either directly or indirectly has the potential to be harmful to other affiliates, Scott Hurtado, or its subsidiaries, affiliates, business contractors, or other third parties;
  5. v. We become aware of or has reasonable suspicion to believe that Affiliate is engaged in any conduct that violates any local, state, federal, or other law;
  6. vi. We determine that the Affiliate is no longer active and has terminated their participation in the Affiliate Program (usually based on the Affiliate having not logged into the Affiliate Account in over one year);
  7. vii. Affiliate fails to comply with any provision of this Agreement; and
  8. viii. Affiliate fails to complete and return to our form W-9 within 90 days of earning Affiliate Commission. Notwithstanding the foregoing, we may, in its sole and absolute discretion, deactivate any Affiliate Account and terminate this Agreement, for any reason or no reason, without warning or notice.

(3) Effects of Termination

(a) The effects of termination of your participation in the Affiliate Program. Upon termination of your participation in the Affiliate Program:

  1. i. This Agreement and all rights granted under this Agreement shall cease immediately (except those expressly surviving or which by their nature would survive);
  2. ii. The Affiliate Account will be deactivated and your ability to access to the Affiliate Account will cease immediately;
  3. iii. Any unpaid Affiliate Commission will be forfeited. You agree to hold us harmless from and against any and all claims, losses, or damages arising from termination of your participation in the Affiliate Program. Any and all sections in this Agreement which impose obligations continuing in their nature shall survive termination or otherwise continue to remain in full force and effect even after termination. You are not permitted to access the Affiliate Account following termination of your participation in the program.

(G) CONTENT

(1) Content Made Available for Inclusion on the Service

(a) You’re responsible for all of the content you provide or give to people. We’re not responsible for any of the Content you post or make available in connection with your participation in the Affiliate Program; you are. You, not us, agree to assume all responsibility for any risks associated with all Content you submit, transmit, email, upload, link to, display, disseminate, facilitate access to, or otherwise make available in connection with your participation in the Affiliate Program, including any reliance on the accuracy, completeness, truthfulness, appropriateness, legality, or usefulness of such Content. You warrant and represent that you possesses all legal rights to, or have obtained all necessary permissions to use, any and all Content you make available, use in connection with, or provide to us in connection with your participation in the Affiliate Program, and none of the Content you make available, use in connection with, or provide to us in connection with your participation in the Affiliate Program infringes on any right of any person, firm, entity, or party. You are solely responsible for protecting your assets as well as your rights to any of the intellectual property you provide to us, and we shall have no responsibility whatsoever with regard to it. Our publication of material submitted by Customer does not create any express or implied approval by us of such material, nor does it indicate that such material complies with the terms of this Agreement.

(2) Our Intellectual Property

(a) Please, don’t steal our stuff. Our Website, including all text, HTML, scripts, and images are copyright 2015. All rights are reserved. With the exception of the use of designated promotional materials for the purpose of encouraging third parties to use the Service (i.e., the Affiliate Program and the ScottHurtado.com Referral Program), any replication, modification, or copy of any part of this Website without the prior, written consent of us is prohibited. This notice applies to site visitors, customers, non-customers, affiliates, and resellers of ours. Everything we create is a mark of ScottHurtado.com “Scott Hurtado,” the site logo, and “A Place for Entrepreneurs to Learn & Grow” are all trademarks of Scott Hurtado. All other trademarks are the property of their respective owners. Our trademarks may only be used with the express advance written permission of Scott Hurtado and, in any event, may never be used to:

  1. i. Promote or otherwise market competitive products or services; or
  2. ii. Disparage Scott Hurtado, our products or services, or in any manner which in our judgment may diminish or otherwise damage the goodwill we’ve established in our business. Except as expressly provided, nothing within any of the Service shall be construed as conferring any license under any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the site and the Service is protected by copyright, trademark, patent, or other proprietary rights of Scott Hurtado and its affiliates, licensors, and service providers.

(b) Please, don’t remove our branding. We worked hard on that! Except as expressly provided to the contrary, you agree not to modify, alter, remove, or deface any of the trademarks, service marks, or other intellectual property made available by us. You agree not to use any of the trademarks or service marks or other content accessible through us for any purpose other than the purpose for which such content is made available to customers by us. You may not use any of our marks as domain names.

(c) If you tell us about something cool we should do, you can’t take it back, and when we do it, we own it. We’re constantly looking for new ways to improve our Service, our programs (e.g., Affiliate Program) and developing new products, services, and features. Any information you send to us, including but not limited to any ideas, remarks, suggestions, or prototypes (“Information”), shall immediately become the exclusive property of ours and we are entitled to use the Information without restriction or compensation to the person or party who sent us the Information. Under no circumstances shall any dissemination of Information to ours be subject to any obligation of confidentiality or expectation of compensation. By sending us Information, you are waiving any and all rights you may have in the Information.

(H) DISCLAIMERS 

Read this one! It’s really, really important!

(1) Disclaimer of Warranties / Limitation of Liability

(a) THE SERVICE IS PROVIDED “AS IS” AND OUR EXPOSURE TO YOU IS LIMITED. WE SPECIFICALLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NO DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY US. WE ALSO DOES NOT WARRANT THAT THE SERVICE OFFERED OR PROVIDED IS FREE OF BUGS, ERRORS, DEFECTS, VIRUSES, OR DEFICIENCIES. IN NO EVENT SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED BY AFFILIATE OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF OUR SERVICE IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, WE SHALL NOT BE RESPONSIBLE FOR LOSS OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND FEES PAID TO PROVIDER FOR SERVICE, DURING THE PERIOD OF DISRUPTION OR MALFUNCTION. YOUR SOLE AND EXCLUSIVE REMEDY FOR DEFECTS IN THE SERVICE IS AS SET FORTH IN THIS SECTION OR IN THE SPECIFIC SERVICE LEVEL AGREEMENT, IF ANY, APPLICABLE TO THE SERVICE YOU ARE USING.

OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY OTHER PERSON MAY SUFFER. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INCIDENTAL, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF OUR SERVICE) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES BUT IS NOT LIMITED TO ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF THE SERVICE RENDERED, THE USE OF PRODUCTS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO OUR SERVICES AND PRODUCTS, THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND US, EVENTS BEYOND OUR REASONABLE CONTROL, THE NON-RECOGNITION OF THE OUR WEB HOSTING SERVERS, THE PROCESSING OF YOUR APPLICATION, THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH EVERYTHING INSIDE OUR SITE, SERVICES, AND PRODUCTS, THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER, THE PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE ITS CUSTOMERS MAY UTILIZE, OR THE APPLICATION OF ANY POLICY SET FORTH HEREIN.

IN NO EVENT SHALL OUR MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SERVICE DURING THE PRIOR TWELVE MONTHS, OR $500, WHICHEVER IS LESS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

(2) Indemnification

(a) You agree to have our back if and when “it” hits the fan. Affiliate agrees to defend, indemnify, and hold usk and its affiliates, directors, officers, agents, and employees harmless from and against any and all claims, obligations, losses, damages, costs, liabilities, and expenses (including reasonable attorneys’ fees and costs) incurred by us arising from or due to any claim, action, dispute, or demand made by any third parties (including referrals of Affiliate) that are related to or arising out of Affiliate’s use of the Service, participation in the Affiliate Program, or from your placement or transmission of any materials or Content onto our sites. Such liabilities may include, but are not limited to:

  1. i. False advertising claims against Affiliate,
  2. ii. Liability claims for products or services sold by Affiliate,
  3. iii. Infringement or misappropriation of intellectual property rights,
  4. iv. Violation of rights of publicity or privacy, defamation, libel, slander obscenity, or child pornography,
  5. v. Spamming or any other offensive or harassing or illegal conduct (including, but not limited to, violation of any section of this Agreement), or
  6. vi. Any other damage arising from your equipment, business, or your participation in the Affiliate Program.

(3) Indemnification

(a) If something crazy happens that we have no control over, we’re not responsible (SH#@ happens, after all). We shall not be liable to Affiliate or any other person, firm, or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and/or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action, or request of the United States government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation, or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.

(I) MISCELLANEOUS

(1) Compliance with the Law

(a) Our policy on providing information to law enforcement and government agencies. It is our policy to cooperate with law enforcement and administrative agencies, but we don’t just roll over and give them all of your info whenever they ask. Upon lawful request from a law enforcement or government administrative agency, we may, without notice to or consent from you, provide the information requested to that agency.

(2) Severability

(a) Waiver. Any party’s failure to insist on compliance or enforcement of any section of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that section or of any other section of this Agreement.

(3) Relationship of the Parties

(a) Our “relationship status.” This Agreement is between you and us. The goal of our Affiliate Program and this Agreement is for you to refer Leads to us and for those Leads to become Referred Customers. You will have no relationship with the Referred Customer based on any services we provide the Referred Customer. Such relationship will be exclusively between the Referred Customer and us. In addition to the foregoing:

  1. i. Nothing in this Agreement is intended nor shall be construed to create any obligation of exclusivity between you and us. Nothing in this Agreement is intended nor shall be construed as limiting or otherwise restricting our right, freedom, and/or ability to enter into other, and different, affiliate and referral relationships with other persons, firms, entities, and parties, and we may, and will, enter into other, and different, affiliate and referral relationships with other persons, firms, entities, and parties.
  2. ii. The parties intend that an independent contractor relationship will be created by this Agreement, and that no additional partnership, joint venture, agency, employee/employer, or other relationship is intended. Neither party shall hold itself out as having any right or authority to enter into any contract, or create any obligation of liability on behalf of, or binding upon the other party. The parties agree that neither party has the right to, or authority to, and shall not assume or create any obligation of any nature on behalf of or binds the other party. In addition, neither party undertakes, whether by this Agreement or otherwise, to perform any obligation of the other party, or to assume any responsibility for, without limitation, the other party’s actions, business, or operations.

(4) Disputes

(a) Legal limitations and choice of venue for any dispute between us (knock on wood) is in Salt Lake City, Utah, United States of America. This Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Exclusive venue for all disputes arising out of this Agreement shall be in the state or federal courts in Salt Lake County, Utah and we both agree not to bring an action in any other venue. You waive all objections to this venue and agree not to dispute personal jurisdiction or venue in these courts. You agree that you will not bring or participate in any class action lawsuit against us. or any of its partners, employees, subsidiaries, officers, licensors, or affiliates. Each of us agrees that we will not bring a claim under the Agreement more than two years after the time that the claim accrued.

(b) No jury here. If there’s a dispute, you agree to arbitration as follows:

By participating in the Affiliate Program, you agree to submit to binding arbitration. In the event any dispute or claim arises against us, such dispute or claim shall be handled by an arbitrator of our choosing selected from the American Arbitration Association or National Arbitration Forum in the state of Utah. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to applicable rules. All decisions rendered by the arbitrator shall be final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, shall govern all arbitration under this Arbitration clause. Otherwise, the laws of the State of Utah apply to the dispute. The prevailing party in such a proceeding shall be entitled to recover its reasonable attorneys’ fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys’ fees and costs that the prevailing party incurred prior to commencing the proceeding.

(c) We can’t fight your battles for you. In no event will we mediate any dispute or controversy arising between you and any third party. We are unable to provide any legal advice or assistance. It is not our policy to adjudicate, validate, or invalidate the substance, merit (or lack thereof) of any complaint we are served (such as complaints of copyright or trademark infringement, defamation, slander, or libel) – such is left to the legal system and courts. Notwithstanding anything to the contrary, we will, without prior notice, remove or disable any Content or website any court of competent jurisdiction has ordered removed or otherwise disabled for whatever any reason.

(d) If you’re being shady, we may have to take you to court. If you violate any of the terms of this Agreement, any supplemental rules and guidelines, any of the terms of the respective service providers, or any rights of ours, we and any other harmed party reserve the right to pursue any and all legal and equitable remedies against you. If you are aware of any violations of this Agreement, please notify us by using out Contact Page.

(5) Assignment

(a) You can’t transfer your obligations or rights under this Agreement without our permission. You may not assign, resell, sub-license, or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

(6) Headings of No Force or Effect

(a) The headings in this Agreement mean nothing, at all. The headings in this Agreement are just for fun and to help you grasp the concepts. We worked hard on them, but legally all of the titles, headings, subheadings and bolded explanatory phrases used in this Agreement have no effect or bearing on the meaning of any section herein at all. Sad, huh?

(7) The end

(a) We just kept it all the way real with you. We hope it was a fun read. This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes and cancels any other agreements, proposals, communications and understandings, whether written or oral, between us and you, other than as explained or incorporated and referenced in the preamble of this Agreement.

Congratulations! You’ve reached the end. Thanks for taking the time to learn about the Affiliates Terms and Conditions. Take a moment to stretch and drink a glass of water because I know it’s boring to read through all of the Affiliates Terms and Conditions.