Terms and Conditions
This Affiliate Service Agreement (the “Agreement”) is made by and between FLOODG8, LLC and you, as an Affiliate utilizing the FLOODG8 service (“You”, “Your”, “Affiliate”).
Eligibility and Acceptance of Terms
FLOODG8 reserves the right to accept or reject any application for membership in the FLOODG8 affiliate program for any reason in its sole discretion.
Affiliates must be 18 years or older, or the age of majority, in the jurisdiction where the Affiliate resides.
Qualified Referrals and Commissions
Affiliates will receive commission for Qualified Referrals to FLOODG8. The percentage of commission may change at any time and without notice.
“Qualified Referrals” mean customers referred by the Affiliate to FLOODG8 and who (1) purchase a FLOODG8 product; and (2) who do not request a refund of FLOODG8 purchases, products, or subscriptions.
Affiliates who share the same personal/company details, including but not limited to, last name, email address, IP address, website details or commission payment details, as their referred customer will be deemed to have made a “self-referral”. Referral commission and any earnings associated with this type of “self-referral” will not be paid. FLOODG8 in its sole discretion will determine the meaning of “self-referral” and classification of any referral as a “self-referral”.
Affiliates referrals made to current FLOODG8 customers will be considered “current customer referrals.” Referral commission and any earnings associated with this type of “current customer referral” will not be paid. FLOODG8 in its sole discretion will determine the meaning of “current customer referral” and classification of any referral as a “current customer referral.”
Commissions earned on referrals become “payable” after 30 days, which constitutes FLOODG8’s standard refund period.
If at any time, a referred customer files a credit card dispute, any earned affiliate commissions on those disputed charges shall become “frozen” in the referring Affiliate’s account until the dispute is settled. If the dispute is settled in FLOODG8’s favor, any associated earned commissions may again become payable to the referring Affiliate. If the dispute is settled in the customer’s favor, any associated earned commissions shall not be paid to the referring Affiliate. If commissions have already been paid out to the referring Affiliate, the amount of paid earned commissions on the disputed charges shall be debited to the Affiliate’s account.
FLOODG8 will not make commission payments which are less than a certain amount, also referred to as a “Minimum Threshold”. If you, the Affiliate, have total commissions which are less than the Minimum Threshold, they will be held to your account. When the total amount of commissions held to your account reaches the Minimum Threshold, those commissions will become payable. The amount of the Minimum Threshold may change from time to time.
You will not receive any interest on commissions held to your account.
Commission payments may be made via check or electronic payment. Affiliate is responsible for paying all applicable fees associated with accepting payments, including but not limited to, currency conversion fees, transaction fees, withdrawal fees, deposit fees, check cashing fees, etc.
FLOODG8, in its sole discretion, may disqualify an Affiliate from participation in the use of any or all portions of the Site if such Affiliate engages in any conduct that FLOODG8 deems to be illegal, improper, unfair or otherwise adverse to the operation of the FLOODG8 or detrimental to other users of the FLOODG8.
FLOODG8 reserves the right to request documentation needed to verify Affiliate accounts. These requests may be made at the time of Affiliate application, or at any time while the Affiliate has an active Affiliate account. If requests for documentation are not made in a timely manner, FLOODG8 also reserves the right to terminate, deactivate, or not approve Affiliate accounts.
You hereby agree to indemnify and hold harmless FLOODG8, and its merchants, employees, agents, and shareholders, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses.
FLOODG8 reserves the right to change the terms and conditions or functionality of the FLOODG8 Affiliate program at any time without notice. It is also agreed that after notification of Agreement changes, continued use of the FLOODG8 Affiliate program constitutes acceptance of this Agreement. If you do not agree with changes to our Agreement, the Affiliate should cease promotion immediately and close their account.
Each Affiliate shall bear their own costs and expenses related to marketing and promoting the FLOODG8 service and/or the FLOODG8 Affiliate Program. FLOODG8 shall not reimburse or credit Affiliates for any marketing expenses, except in its sole discretion. Reimbursement of any marketing expenses shall not create a duty or obligation to reimburse any future marketing expenses.
Affiliates may only engage in marketing as set forth in this agreement.
Affiliates may not engage in the following marketing activities, and by accepting this agreement, represents and warrants that their marketing practices do not violate any of these restrictions:
1. Affiliates shall not make any false, misleading, or disparaging statements with respect to the FLOODG8 products or services.
2. Affiliates shall not create websites or advertisements that copy, imitate, or resemble the look and feel of FLOODG8’s products or services.
3. Affiliates shall not engage in any marketing activity that may harm the reputation or credibility of FLOODG8, including using low-quality marketing materials, or advertising on any site that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal activities, or violates the intellectual property or rights of a third party.
4. Affiliates shall not send any email in violation of the federal CAN-SPAM statute 15 U.S.C. 1571, et seq.
5. Affiliates must include a physical mailing address and unsubscribe information for any marketing email sent promoting FLOODG8’s products or services.
6. Affiliates shall make clear that they, not FLOODG8, are the sender of all marketing communications related to promotion of FLOODG8’s products or services.
7. Affiliates shall not engage in any marketing or promotional activities that violate applicable laws, rules, or regulations.
8. Affiliates shall not market using facsimile, broadcast, telemarketing, text message marketing, or other offline marketing methods regarding FLOODG8 or FLOODG8’s products or services without the express written consent of FLOODG8.
9. Affiliates shall not use malware or spyware to market or promote FLOODG8’s products or services.
Release/Authorization to use photographs
You grant FLOODG8 permission to use any and all photographs taken by FLOODG8 or its agents or employees, or submitted by You to FLOODG8 (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of FLOODG8 or any product or service sold and marketed by FLOODG8. You agree that this authorization to use Photographs may be assigned by FLOODG8 to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in FLOODG8’s sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against FLOODG8 in exchange for this Release and Assignment. You hereby release and forever discharge FLOODG8 from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
Affiliates shall, within a reasonable time, inform FLOODG8 of:
- Any breach of customer data the Affiliate has collected in connection with its marketing or promotion of the FLOODG8’s products or services
- Any information known to the Affiliate that could reasonably lead to a claim, demand, or liability against FLOODG8 by any party.
Changes to this Agreement
FLOODG8 reserves the right to cancel or modify this agreement, except with regard to the Arbitration and Class Action waiver provisions incorporated by reference, at any time.
You agree to protect, defend, indemnify and hold harmless FLOODG8, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of the Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against FLOODG8 for liability for payments for, damages caused by, or other liability relating to, You.
No Warranty; No Leads
FLOODG8 does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that FLOODG8 will not at any time provide sales leads or referrals to You. Additionally, FLOODG8S’ WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FLOODG8 MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY FLOODG8 WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. FLOODG8 MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY FLOODG8 WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY FLOODG8 WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY FLOODG8 WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY FLOODG8 WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
YOU AGREE THAT IN NO EVENT SHALL FLOODG8’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE COMMISSIONS AND BONUS PAYMENTS PAID TO YOU FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST FLOODG8 OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
FLOODG8 may terminate this Agreement at any time, with or without cause upon notice to Affiliate. Without limiting the foregoing, FLOODG8 reserves the right to terminate Affiliate accounts that have not been accessed in up to 12 months. FLOODG8 reserves the right to terminate an Affiliate and not pay the accrued balance where the Affiliate has been deemed to breach this Agreement.
Affiliates may voluntarily close or terminate their account with FLOODG8. By doing so you waive your right to be paid any unpaid commissions below the minimum threshold and you assign (way of future assignment) all of your rights and ownership of any commissions which we are holding to your account. You will not receive any commissions which are earned after the date of termination.
However, if FLOODG8 is late paying your commissions, you cannot terminate this Agreement on the basis that the delay constitutes a breach of this Agreement.
Upon termination of this Agreement, Affiliates shall:
1. Return any FLOODG8 property (including any marketing materials provided by FLOODG8 and any confidential information) to FLOODG8, or destroy such information and certify its destruction in writing; and
2. Cease and desist from displaying or using any FLOODG8 intellectual property.
Upon termination, all rights granted to Affiliate shall immediately terminate, as well as any rights to payment of Fees under this agreement, unless determined by FLOODG8 in its sole discretion.
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