PAYKICKSTART, LLC, AN INDIANA LIMITED LIABILITY COMPANY (“PAYKICKSTART”), IS WILLING TO PROVIDE RIGHTS TO PARTICIPATE IN THE PAYKICKSTART AFFILIATE PLATFORM ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY. BY CLICKING ON “I ACCEPT”, YOU WILL INDICATE YOUR AGREEMENT WITH THEM. ALL REFERENCES TO “WE”, “US”, “OUR”, OR “THIS WEBSITE” SHALL MEAN PAYKICKSTART AND THIS WEBSITE, PAYKICKSTART.COM. IF YOU ARE NOT ACTING ON BEHALF OF YOURSELF AS AN INDIVIDUAL, THEN “YOU” MEANS YOUR COMPANY OR ORGANIZATION. YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND YOUR ENTITY TO THESE TERMS, IN WHICH CASE “YOU” OR “YOUR” SHALL REFER TO YOUR ENTITY. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY, THEN WE ARE UNWILLING TO AUTHORIZE PARTICIPATION IN THE PAYKICKSTART AFFILIATE PLATFORM.
PAYKICKSTART AFFILIATE AGREEMENT
Effective Date: July 14th 2015
To Review Material Modifications Since July 14th 2015, Scroll To The Bottom of The Page.
1.1 “Affiliate” means an individual person or entity that is registered and authorized to participate in the PayKickstart Affiliate Platform in accordance with the terms of this Agreement for purposes of promoting the Products (defined below) of Vendors for commissions based on sales procured for the Vendor.
1.2 “Affiliate Platform” means the online service at PayKickstart.com that permits Vendors to authorize Affiliates to promote their products and services for commissions based on sales procured for the Vendor, subject to the terms and conditions of this Agreement.
1.3 “Order Form” means the form specifying Vendor’s requirements for authorizing an Affiliate to promote the Vendor’s Products.
1.4 “Products” means the Products offered by a Vendor for promotion through the Affiliate Platform.
1.5 “Vendor” means an individual person or entity that is registered and authorized to participate in the PayKickstart Affiliate Platform for purposes of (i) approving specified Affiliates to promote their Products, and (ii) determining the commission amount to be paid, (iii) the schedule and time to pay commissions, and (iv) to pay commissions to approved Affiliates based on sales procured by approved Affiliates.
2.1 PayKickstart Approval. The Affiliate Platform is a private network. We do not exercise rights to approve of your registration as an Affiliate, but we reserve the unqualified right to terminate this Agreement and your participation in the Affiliate Platform with or without cause.
2.2 Vendor Approval. You may promote Products only for Vendors that approve of your promoting their Products. Vendors have the unqualified right to reject any Affiliate that desires to promote their Products for any reason. We do not represent or warrant that you will be entitled to promote for, or be approved by, any Vendor for purposes of promoting their Products.
6.1 We use tracking methodologies for tracking usage data on the Affiliate Platform and other related analytics, including without limitation, cookies, pixels, web beacons, and other tags. You are not authorized to alter, modify, obscure, or disable any of the tracking methodologies.
6.2 You do not obtain any ownership rights in any intellectual property that is part of the Affiliate Platform or otherwise provided by us, including, without limitation, any ownership rights to intellectual property (i) embodied in our technology, website, or software, and (ii) with respect to the tracking URL(s), links, link formats, technical specifications, guidelines, or graphical artwork, or with respect to this site’s domain name. All of the foregoing is protected by U.S. copyright and other intellectual property laws. Use rights for any of the foregoing are only as strictly authorized by this Agreement, or otherwise by our express written consent.
6.3 No license is granted herein for use of our tradename or trademarks, whether registered or unregistered, including without limitation, any of our logos, trade dress graphics, page headers, or icons; however, during the term of this Agreement, you are authorized to use any materials provided by us such as banner advertisement links, button links, and/or a text links which may incorporate our tradename or trademarks, but only in the form provided by us, and only for purposes of indicating PayKickstart as the source of origin. All other trademarks and other indicia or origin that may appear on the Affiliate Platform (i) are owned by third parties and not owned by us, (ii) are the property of their respective third-party owners, and (iii) are subject to the ownership and use rights of their respective third-party owners. No rights are granted by implication, estoppel or otherwise for you to use any trademarks or indicia of origin of any third parties.
6.4 This Agreement does not establish you as PayKickstart’s agent or representative for any other purpose other than those purposes expressly provided herein. You are not authorized to accept orders or to enter into contracts or to create any obligation in PayKickstart’s name, or to
transact any business on behalf of PayKickstart.
6.5 The relationship of PayKickstart and you shall be and shall at all times remain, that of independent contractors, and not that of employer and employee, franchisor and franchisee, joint venturers, or partners. No payment of any fee or equivalent charge is required of you by PayKickstart as a condition to enter into this Agreement.
6.6 We have the right in our sole discretion to terminate your account with the Affiliate Platform if your account has been inactive for at least 6 consecutive months while there were no logins to your account or there was no use of your account for transactions.
7.2 Refunds will be made in accordance with the refund policy specified in the applicable Order Form. When a refund is granted, any commissions related to that sale will also be returned, automatically by the Affiliate Platform.
7.3 We will undertake commercially reasonable efforts to track purchase of Products you promote for purposes of accounting for commissions payable to you.
7.4 In the event of a dispute between affiliates regarding credit for a completed sale, we reserve the right in our sole discretion, either alone or in concert with your applicable Vendor, to determine which of the competing affiliates should be credited with the disputed commission. All decisions shall be final.
7.5 Commissions owed to Affiliates are the sole responsibility and discretion of the Vendor to pay. The commission amount to be paid is determined solely by the Vendor. PayKickstart is in no way liable for paying Vendor commissions to Affiliate, mediating discussion regarding owed commissions, initiating payments owed to Affiliate, or any commissions a Vendor denied to Affiliate. By agreeing to these terms, you as an affiliate understand and agree that if any disputes arise between Vendor and Affiliate regarding commissions are to be handled between the Affiliate and Vendor. PayKickstart has the right to terminate Affiliate accounts at their sole discretion and for any reason PayKickstart deems, with or without warning. All decisions shall be final.
8.1 You are authorized to promote Products for Vendors that have expressly authorized your participation in the Affiliate Platform on their behalf. You are authorized to place links banner ads and related promotional materials on your website(s) and in other media expressly authorized by these Vendors, subject to the terms and conditions of this Agreement and the applicable Order Form.
8.2 The following are not authorized for your promotions: (i) tool bars, banner networks, news groups, chat rooms, forums, message boards, adware, pop-up/pop-under technologies, plug-ins, spyware, adware, and (ii) devices, programs, robots, iframes, hidden pictures, redirects, spiders, computer scripts or other automated, artificial or fraudulent methods designed to appear as if a consumer is generating a lead. You are not authorized to display a Vendor’s website in a way this is different from the direct click by an end-user.
8.3 You are not authorized to solicit any Vendor through an intermediary such as an ad agency or broker, or by any other means or person. If you have questions regarding any Vendor, we will endeavor to provide the requested information.
8.4 You are not authorized to promote any Product, either directly or by combination with another product, or use advertisements or marketing materials that feature our utilize pornography, racially or ethnically discriminatory, political issues, software pirating or hacking, hate-mongering, gambling, pyramid schemes, multi-level (MLM), franchise, or business opportunities as regulated by the FTC Biz Op Rule, or otherwise use objectionable or illegal content.
8.5 You agree to conduct your own due diligence before promoting any Product. We do not evaluate Products generally; however, we do endeavor to maintain the highest quality in the Affiliate Platform through enforcing the terms and conditions of this Agreement. There is no requirement that you promote any specific Product. You acknowledge that we are not responsible for any functionality, quality, usefulness, or any other feature or aspect of any Product.
8.6 You acknowledge that that are solely responsible for your costs and expenses associated with your promotion of Products through the Affiliate Platform, including without limitation costs associated with advertising, mailing, marketing materials, and your website operations. Your financial responsibility applies regardless of whether your promotions result in sales or not.
8.7 We do not provide legal advice or review your promotions for legal compliance, or for any purpose. You are solely responsible for the content of your promotions and your promotional efforts. You agree that you will not promote Products with any illegal material or means, including without limitation, infringement of another’s intellectual property rights such as copyrights, trade secrets, trademarks, trade dress, rights of publicity and privacy, moral rights, and rights of attribution. You agree that you will not engage in promotions that are defamatory regarding other persons, products, or services.
8.8 We strongly recommend that you seek legal counsel to advise you regarding your promotions. You agree that your promotions will incorporate Truth in Advertising Principles, and will not incorporate any marketing or advertising methods or claims that are false, misleading, or otherwise in violation of any applicable law or regulation, including without limitation, the Federal Trade Commission Act and regulations promulgated and enforced by the Federal Trade Commission (“FTC”), the Federal Communications Commission (“FCC”), consumer protection laws of any State in the United States, or any other regulatory body whether federal or state. In addition, you agree to comply with the CAN-SPAM Act, the Telephone Consumer Protection Act (“TCPA”) and any applicable state laws regarding anti-spam, text messages and/or Do-Not-Call Registries.
8.9 You agree that your promotions will not suggest that you are representing PayKickstart, LLC or this website in any way, or that you are endorsed by PayKickstart, LLC or this website.
8.10 You are authorized to use search engine optimization and online advertising in your marketing efforts; provided, however, you are not authorized to purchase or register any keywords, search terms or other identifiers that include any principal words in our or any Vendor’s tradename, domain name, or any of our trademarks or logos, or any variation thereof (“Proprietary Terms”) for use in any search engine, portal, pay-per-click advertising service, or other search, advertising, or referral service. From time to time we may request that you cause any applicable web search provider to exclude Proprietary Terms from keywords used to display your advertising content in association with search results, assuming the provider of such web search engine offers such exclusion capabilities. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities or, as the case may be, refused promptly to comply with a request from us to exclude Proprietary Terms from any keyword as provided above, we may (without limiting any other rights or remedies available to us) terminate your participation in the Affiliate Platform.
9.1 You acknowledge that we may crawl or otherwise monitor your website(s) by visitation (either directly by us or by a third-party service provider) for the purpose of ensuring the quality and reliability of your links to this site. You agree that we may monitor your marketing methods, procedures, and communications. You agree to add an email address designated by us to your mailing list for each of your email marketing campaigns so that we may follow the progress of your campaign emails. You also agree that we have the right to require you to modify or cease any of your marketing methods, procedures, and communications.
9.2 PayKickstart’s rights to monitor do not imply, and should not be construed to grant, rights for PayKickstart to control the marketing and promotional activities of Vendors and Affiliates. PayKickstart has no right or authority to control, nor will PayKickstart exercise any purported right to control, the marketing and promotional activities of Vendors and Affiliates. Vendors and Affiliates are not agents of PayKickstart.
10.1 The Federal Trade Commission (“FTC”) classifies you as an “endorser” for Products that you market as an affiliate. Accordingly, you are required to disclose your “material connections” in your capacity as an affiliate. This means, among other things, that you should disclose the fact that you are compensated for promoting Products. Refer to the following for guidance: (i) our Testimonial Policy linked at the bottom of each page of this site, and (ii) the following FTC publications – (i) Guides Concerning the Use of Endorsements and Testimonials in Advertising), and (ii) Dot Com Disclosures.
10.2 The FTC and various state laws prohibit advertising that is false or misleading. Accordingly, you are required to substantiate your advertising claims prior to dissemination to state these claims in clear language that is both true and also not misleading. Refer to the following FTC publication for guidance: Advertising and Marketing on the Internet: Rules of the Road.
10.3 You agree to comply with any guidelines we provide to you or which your Vendor(s) may provide to you from time to time regarding compliance with FTC regulations.
13.1 You agree to indemnify, defend, and hold harmless PayKickstart, its related parties and affiliates, and their respective directors, officers, employees and agents from and against any and all claims, demands, suits, losses, damages, costs, fees, and expenses resulting from or arising or associated with, directly or indirectly claims brought by third parties and first party claims by PayKickstart, out of your negligence, willful misconduct, breach of any provision or representation or warranty of this Agreement, or any violation of any law or regulation in connection with your participation in the Affiliate Platform, including without limitation, regulatory enforcement actions and actions and claims of infringement of another’s intellectual property rights such as copyrights, trade secrets, trademarks, trade dress, rights of publicity and privacy, moral rights, and rights of attribution. Upon receipt of notice a claim or action for which we are entitled to indemnification, we will (i) promptly notify you in writing of the claim or action against which indemnification is sought under this Section; and (ii) provide you the opportunity to assume the entire defense and settlement of such claim or action at your cost and expense; provided, however, that we shall have the right to be represented separately by counsel of our own choosing at our own expense. No settlement may be consummated without our express written authorization, which shall not be unreasonably withheld or delayed.
13.2 If at any time we determine in our sole discretion that you are not willing or able to adequately defend and/or indemnify us in accordance with this Section, we reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.
13.3 You agree that we may, at our own discretion, and where possible, deduct our reasonable costs and expenses directly from your account from monies payable to you by us. We may also negotiate with you in good faith to deduct the amount due from your future earnings should you not have sufficient monies payable to you at the time we seek restitution.
13.4 You hereby acknowledge that Vendors are intended third party beneficiaries of the indemnification obligation of this Section.
13.5 You are fully responsible for your actions that result in demands or claims such as takedown notices or copyright infringement claims under the Digital Millennium Copyright Act (“DMCA”), as well as other actions (responding to regulatory requests, and the like) for which we may be required to respond.
13.6 This Section in no way limits our right to seek any other remedies available to it herein or under law to recover its costs and expenses for addressing such demands or claims.
21.1 The term of this Agreement will begin your acceptance of this Agreement and will end when terminated by either party. Either you or we may terminate this Agreement at any time for convenience, with or without cause, by giving the non-terminating party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to this site and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you in connection with the Platform. You are eligible to earn referral fees only on sales to Referrals that occur during the term, and referral fees earned through the date of termination will remain payable only if the related sales orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
21.2 Notwithstanding anything to the contrary contained herein, if we terminate this Agreement due to our determination that (i) you have violated the material terms of this Agreement, or that (ii) your marketing practices appear to us to be in violation of FTC regulations, or any other law or regulation of any regulatory authority, we may alone or in concert with your applicable Vendor cause you to forfeit any commissions you may have earned under this Agreement.
Material Modifications Since July 14th 2015 – none.
Talk to a knowledgeable product specialist to learn more about your requirements and ensure PayKickstart is the perfect fit for your needs.
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