Referral Partner Agreement

Updated: 1/10/2018

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PLEASE READ THE ENTIRE AGREEMENT. YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SAFE RIDE 4 KIDS, LLC (“Company”).

BY SUBMITTING THE ONLINE APPLICATION (BELOW), AND BY REFERRING VISITORS, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

OVERVIEW

Safe Ride 4 Kids, LLC has established a program to recognize and reward individuals (hereinafter “Affiliates”) who refer new clients to Safe Ride 4 Kids to purchase products, and Affiliates have the ability and desire to promote and market Safe Ride 4 Kids products to third parties not previously clients of Safe Ride 4 Kids.

This Agreement contains the complete terms and conditions governing your relationship with the Company and, if applicable, your participation in the Safe Ride 4 Kids’ Referral Partner Program (the “Program”). The purpose of this Agreement is to allow HTML linking between your website and the Safe Ride 4 Kids website, sharing via your social media platforms, sharing via word of mouth or using marketing materials for the purpose of referring potential customers to Safe Ride 4 Kids.

You must be approved by the Company before your participation in Safe Ride 4 Kids’ Referral Partner Program. Company reserves the right to withhold or refuse approval for any reason or for no reason. Once you have been approved, your continued right to participate is conditioned upon the ongoing compliance with the terms and conditions of this Agreement. Failure of the Affiliate to observe the terms and conditions of this Agreement or the privacy policy posted on Company’s site will disqualify Affiliate from participating in the Program. Publisher shall promptly notify Company in the event of a material change in its business practices or strategy. Approval may be withdrawn by Company, at any time for any reason.

To begin the enrollment process, you must complete and submit the online application below these terms and conditions. We will evaluate your application at our convenience, which is at a minimum 72 hours after submission. We may reject your application at our sole discretion.

1. AFFILIATE OBLIGATIONS

1.1 The Affiliate shall promote Safe Ride 4 Kids products in accordance with the current promotional opportunity set forth in Appendix “A,” attached hereto and incorporated herein by this reference. In consideration of such referrals, Safe Ride 4 Kids shall pay to the Affiliate the Commission (as used in this Agreement, the terms “bonus” and “commission” are interchangeable and each shall include the other) set forth in Appendix “A.” Must be 18 years of age or older to participate in the Affiliate Program.

1.2 The Affiliate shall promote and market Safe Ride 4 Kids products using only promotional materials supplied by, or purchased from, Safe Ride 4 Kids. The Affiliate acknowledges that such Safe Ride 4 Kids materials are the intellectual property of Safe Ride 4 Kids and are protected by trademark and/or copyright, and may not be reproduced without the express, written consent of Safe Ride 4 Kids. The Affiliate shall submit for approval of Safe Ride 4 Kids, prior to use, any marketing or promotional materials not provided by Safe Ride 4 Kids. Safe Ride 4 Kids shall not unreasonably withhold its approval of such materials, but Safe Ride 4 Kids shall have the exclusive right to determine the acceptability of such materials. Affiliates may purchase Safe Ride 4 Kids materials for their use in marketing using the tools provided by contacting our marketing manager. In the event of use of unauthorized marketing materials, or misuse of Safe Ride 4 Kids approved marketing materials, Affiliates shall, upon demand being made by Safe Ride 4 Kids, promptly correct or remove any and all unauthorized marketing materials from their use, in any format. Failure to comply with Safe Ride 4 Kids approved marketing may, in the discretion of Safe Ride 4 Kids, result in removal of the Affiliate from this program and forfeiture of any commissions earned.

1.3 Videos promoting the Safe Ride 4 Kids tangible products which provide/outline safety procedures, or advice/instructions on using the products, must be produced and/or authorized explicitly by Safe Ride 4 Kids.

1.4 Safe Ride 4 Kids shall be held harmless for any product liability claims made by a client against the Affiliate or Safe Ride 4 Kids where the Affiliate did not use authorized promotional materials to promote Safe Ride 4 Kids products.

1.5 Product data feeds (i.e. XML, CSV) of Safe Ride 4 Kids available products are not offered at this time.

1.6 Affiliate will be responsible for integrating the Links into their web site(s) to properly enable sales tracking, and Safe Ride 4 Kids will not be responsible for Affiliate failure to do so, including to the extent such failure may result in any reductions of amounts that would otherwise be paid to Affiliate under this Agreement.

1.7 The Affiliate shall maintain a current e-mail address through the Affiliate website. The Affiliate shall be responsible for the accuracy of all Affiliate information entered into the website system. Safe Ride 4 Kids shall not be liable for errors in the entry of Affiliate information by Affiliates or by referred clients when registering for Safe Ride 4 Kids reports or product purchases through the Affiliate website link.

1.8 The Affiliate agrees to file and remit any and all applicable federal or state tax returns and payments due on Commissions paid, and shall hold Safe Ride 4 Kids harmless from any claims or demands for failure to report or remit taxes due by them for Commissions paid under this program. The Affiliate agrees to abide by the Safe Ride 4 Kids Terms and Conditions, Privacy and Anti-Spam Policies as posted on the Safe Ride 4 Kids website, and as modified from time to time.

2. Commissions & Payment

2.1 Affiliates shall be compensated for any referrals registered under the Affiliate where the referral was not already a Safe Ride 4 Kids client. No commissions shall be considered earned for any referrals made prior to Affiliate’s participation in this program. No commissions shall be considered earned for any personal purchases using Affiliate’s own code.

2.2 All Affiliate commission payments shall be made in US dollars.

2.3 Affiliates shall receive commissions for all paid-in-full sales made through the Affiliate’s ID. Sales are tracked to the referring Affiliate through the use of computer “cookies.” Affiliate “cookies” are in effect for 60 days. In such event that a client uses a different Affiliate link within the 60 day period, the First Referring Affiliate will receive the commission. After the 60 day period, if the client returns to the website without clicking an Affiliate link to reactivate the cookies, no credit will be given. Client shall remain a referral of the original referring Affiliate once the client has either opted in to receive a free report or service, or completed the purchase of a product. Registrations for email opt-in, free reports or services (e.g., web- or tele-cast presentations) are not commissionable; however, a subsequent product sale to that client is commissionable. Affiliates may also receive credit for email, website purchases or phone sales not originating from an Affiliate “cookie”, IF the client identifies the Affiliate as the referrer prior to the sale.

2.4 Referral credit will not be given retroactively after a client has opted in to receive a free report or service, or completed the purchase of a product and did not identify the Affiliate prior to completing said actions.

3. Safe Ride 4 Kids Rights and Obligations

3.1 Safe Ride 4 Kids reserves the right to modify the terms of this Agreement from time to time. The Affiliate shall be notified by email of any material changes to the Agreement. Safe Ride 4 Kids reserves the right at any time, and in its sole discretion, to terminate this Agreement with regard to any individual Affiliate and the right to terminate the Internet Affiliate program in its entirety.

3.2 We will refuse all applications from affiliates which we believe participate in spyware, adware, spam or parasiteware techniques for driving traffic. We reserve the right to research and investigate affiliates and their activities and, at our own discretion, determine whether or not these practices are in place. Affiliates found in violation of this policy will be immediately terminated from the program and will forfeit all commissions.

3.3 Any questionable behavior or conduct which is out of integrity with the Affiliate program policies and procedures, or which is determined to be intended to undermine or avoid application of such policies and procedures, will be flagged and reviewed by Safe Ride 4 Kids staff and the Affiliate program management. If such Affiliate behavior is found to be suspicious activity, in violation of our Agreement or conflicting with our terms, the Affiliate will be immediately removed from the program and commissions will not be issued.

4. Term and Termination

4.1 Participation in the Affiliate Program shall be considered to be de facto proof of the Affiliate’s acceptance of all of the terms of the Agreement. This agreement sets forth all of the terms of the Internet Affiliate Agreement. No oral or written agreements or understandings not expressly set forth herein shall have any effect. This Agreement shall supersede all previous oral or written Affiliate Agreements, and the terms set forth herein shall be considered controlling. Should any individual term of this Agreement be deemed unenforceable, such invalidity shall not affect the enforceability of any remaining terms and conditions.

4.2 Affiliates may withdraw from the program at any time by notifying Safe Ride 4 Kids, in writing or by email. Withdrawal shall be effective upon receipt by Safe Ride 4 Kids of the Affiliate’s election to withdraw. Commissions earned up to the withdrawal date will be paid according to the normal commission schedule. Product sales occurring after the withdrawal date will not qualify for any commissions. Affiliates found to have zero optins or orders for a period of 3 calendar years will be automatically removed from the program.??Confidentiality

4.3 Participation in the Affiliate program shall be considered de facto permission for Safe Ride 4 Kids, or Independent Contractors acting on behalf of Safe Ride 4 Kids including but not limited to Master Affiliates, to contact Affiliates by telephone, mail or email for purposes related to the Affiliate program; and participation in the Affiliate program shall constitute the granting of permission to Safe Ride 4 Kids to provide such Independent Contractors with such Affiliate contact information.

4.4 Affiliates acknowledge that information of a confidential and proprietary nature regarding clients they have referred to Safe Ride 4 Kids may be provided to Affiliates, either directly by such clients, or by the company, including client names, contact and financial or transactional information relating to referred purchases. Affiliates hereby acknowledge that any such confidential information disclosed to them shall remain the property of such clients and of Safe Ride 4 Kids, and that Affiliates shall hold in confidence all such confidential information, using it only for purposes authorized by Safe Ride 4 Kids or its clients related to such referrals and resulting purchases under this program, and shall not use such information for the Affiliates’ personal benefit or the benefit of any third party.

5. Representations and Warranties

5.1 You represent and warrant 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;
  • You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
  • You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

6. Limitations of Liability

6.1 Safe Ride 4 Kids shall have no liability for any direct, indirect or consequential damages or losses of revenues or profits arising under or relating to this Agreement or the Internet Affiliate Program.
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 interruption or errors.
Indemnification

6.2 You hereby agree to indemnify and hold harmless AWeber and their subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that your infringed on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site.

6.3 You will immediately notify Company of any current, impending, or potential legal action against it by a third party for matters relating to email, email complaints, email deployment, and violations of CAN-SPAM.

6.4 Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the indemnifying party hereunder.

7. Miscellaneous

7.1 Affiliates acknowledge that in entering into this agreement the parties hereto are independent contractors and entities, and no partnership, agency, employment or representative capacity is created or intended hereby. Affiliates shall not represent themselves to be agents or representatives of Safe Ride 4 Kids.

7.2 This Agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado without regard to the conflicts of laws and principles thereof. Further, the parties hereby consent to the general jurisdiction of the federal and state courts located in Denver, Colorado and agree that any action or proceeding concerning this Agreement shall be brought exclusively in such courts.

7.3 You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

APPENDIX A

Affiliate Commissions – Qualification

  1. Commissions are based upon product sales. For every Customer referral that purchases a product, the Affiliate will receive 10% of the product sales price in commission. Commissions are not paid for opt-in enrollments. Commissions will be paid to the originating Affiliate for subsequent purchases made by an existing Affiliate referral. Safe Ride 4 Kids reserves the right to add or discontinue products at any time. Safe Ride 4 Kids reserves the right to change the rate of Commissions from time to time and shall notify the Affiliates by email in the event of a change in such rate.
  2. Affiliates must apply for the Affiliate program through the Affiliate registration form.
  3. Affiliates must complete and submit to Safe Ride 4 Kids a W9 tax form (download a PDF form here). Receipt of appropriate tax form is an absolute precondition to any commission payment.
  4. If a tax form is not received from an Affiliate, and commissions are payable, a Safe Ride 4 Kids representative will contact the Affiliate to issue a reminder of the tax form requirement. If such form is not provided within 3 months of commissions being earned, the Affiliate will be removed from the pending commission list.
  5. Affiliates shall not be entitled to Commissions for referrals on sales for which a refund is made by Safe Ride 4 Kids. Any adjustments necessitated by such refunds shall be reflected on the Affiliate’s next scheduled Commission payment date.
  6. The following shall not be subject to commission: Affiliate’s personal purchases, shipping charges and taxes.
  7. Affiliate Commissions will be paid on a monthly basis. If a product is sold in a month, commissions on the product sale will be paid out between 30 and 60 days from the end of that month, ie. orders in January will be paid out in March. Commission payout information may be accessed by Affiliates through the Affiliate profile site.
  8. Commissions will be paid through a registered PayPal account (valid PayPal email address required) or via check to the address on file.

Become a Referral Partner

 
 

Information for commission payments:

 
If you plan sharing via print materials or verbally, would you like a short URL?
 
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Affiliate benefits

10% commission on product sales

60 day cookie duration

Customers’ future purchases also tracked to original referrer

Dedicated affiliate management

Commission tracking

Get paid monthly via Paypal or check

Variety of creative assets available