Ambassador Terms

Last updated:  2/1/21

OfferingTree Ambassador Program Terms & Conditions

Welcome and thanks for your interest in our ambassador program! Please read the below carefully because it contains important legal information that affects you.

By participating in OfferingTree’s Ambassador Program (the “Ambassador Program”), you are agreeing to the below terms and conditions (the “Agreement“) and creating a binding, enforceable agreement between you and OfferingTree, SBC (“OfferingTree,” “our,” “us,” or “we”). Furthermore, your use of our platform to participate in the Ambassador Program means that you are also bound by our Terms of Use (https://offeringtree.com/terms_of_use/) and our Privacy Policy (https://offeringtree.com/privacy_policy/). 

1. Eligibility 

Participation in the Ambassador Program requires that you are:

  • An OfferingTree user who has access to an OfferingTree site;
  • At least 18 years of age; 
  • In compliance with all of the rules set forth in Section 2 below; and
  • Located in jurisdiction or country where use of and access to PayPal is permitted.

2. Rules

While participating in the Ambassador Program, you agree to follow all of the below rules at all times:

  • You will comply with all applicable laws and rules, including but not limited to: (i) the FTC guidelines that require that material connections between advertisers and endorsers be disclosed in a clear and conspicuous manner as stated in the FTC Endorsement Guides (e.g., #AffiliateLink); (ii) laws prohibiting unsolicited commercial communications (e.g., anti-spam, anti-telemarketing, anti-texting), including without limitation the Do-Not-Call Implementation Act of 2003 or the Controlling the Assault of Non-Solicited Pornography and Marketing (“CANSPAM”) Act of 2003; and (iii) any policies, terms of use or rules of social media or other online platforms used by you;
  • Your communication will be accurate, truthful, professional and respectful in all material respects and not be inappropriate, as deemed by OfferingTree in its sole discretion, which includes, but is not limited to: unlawful content or content that is obscene, threatening, harassing, sexually explicit, violent, vulgar, discriminatory, defamatory, disparaging or objectionable (e.g., gambling);
  • You will comply with any written instructions provided by OfferingTree to you related to the Ambassador Program or regarding the form, content or display of any Provided Materials (as defined below) and will make any clarifications, corrections or deletions as requested by OfferingTree within 72 hours of receipt of such instructions; and
  • You will never employ, use, or receive any direct or indirect benefit from any prohibited fraudulent or malicious activity, including but not limited to: (i) “cookie stuffing” or “cookie dropping”, (ii) spyware or malware, (iii) viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful programming routines, (iv) unauthorized “framing” or “wrapping”, (v) “scraping” or “spidering”, (vi) offering any incentives not part of or authorized by the Ambassador Program, (vii) displaying any OfferingTree domain or your Unique Link (as defined below) in any paid advertisement unless approved in advance in writing by OfferingTree, (viii) spamming or using fake traffic or “cheap traffic”, (ix) using disparaging, negative, false or misleading content, (x) “link stuffing” or similar methods, (xi) transferring or allowing access to your account to any third party without OfferingTree’s knowledge or permission, (xii) diverting leads or organic prospective customers from OfferingTree by any means.

Failure to follow any of the above the rules at any time, as determined by OfferingTree in its sole discretion, will result in your termination or suspension from the Ambassador Program and will result in the forfeiture of any outstanding commissions (as described in Section 5 below).

3. Provided Materials

If OfferingTree informs you in writing that you are eligible to use its logo, trademarks or any related materials, including but not limited to written copy, code, or print/digital materials, (collectively, “Provided Materials”), then OfferingTree here by grants you a limited, non-transferable, non-exclusive, revocable license to use the Provided Materials for the sole purpose of activities related to your participation in the Ambassador Program. The license grant in this section will expire upon either: (i) a written notice of revocation from OfferingTree or (ii) upon your termination or suspension from the Ambassador Program, whichever occurs first, at which point you will immediately cease use of the Provided Materials and destroy all of the Provided Materials in your possession. 

4. Eligible Referrals

Eligible Referral” means any individual (other than yourself) who: (i) was referred by you to OfferingTree by clicking on your Ambassador Program link found within the ambassador program tab of the profile section of your your OfferingTree site (the “Unique Link”); (ii) is subscribed to one of OfferingTree’s paid plans; and (iii) is not otherwise ineligible, which shall mean: (a) was not tracked through your Unique Link, (b) is not in good standing because of an invalid or expired payment method, or (c) is suspected by OfferingTree, in its sole discretion, of engaging in fraudulent activity. Any and all determinations of what constitutes an Eligible Referral and whether a commission is payable, per Section 5 below, shall be made by OfferingTree, and will be final and binding.

5. Commission

Provided we do not issue a refund and there are no billing disputes, you will receive the following amounts:

  • USD $100 for an Eligible Referral who is subscribed to and has paid us for the Annual Pro Plan;
  • USD $50 for an Eligible Referral who is subscribed to and has paid us for the Annual Essentials Plan;
  • USD $25 for an Eligible Referral who is subscribed to and has paid us for the Annual Starter Plan;
  • USD $15 per month, for up to a maximum of one year, for each month that an Eligible Referral is subscribed to and has paid us for the Monthly Pro Plan; 
  • USD $7 per month, for up to a maximum of one year, for each month that an Eligible Referral is subscribed to and has paid us for the Monthly Essentials Plan; 
  • USD $4 per month, for up to a maximum of one year, for each month that an Eligible Referral is subscribed to and has paid us for the Monthly Starter Plan.

The commissions will be paid 60 calendar days after the last day of the month in which the commission was earned. If the date for paying said commissions falls on a weekend or holiday, then you should receive payment on the next regular business day. If a force majeure event (such as, but not limited to, war, terrorism, riots, natural disaster, energy shortages, strikes, shutdowns) occurs, your commission payments may be delayed until such event is resolved. 

All payments will be made via PayPal transfer in US Dollars. The minimum commission payout is USD $10. We will hold any commissions in escrow until your total commission reaches USD $10 (or greater) and will then pay all escrowed commission at that time. You are responsible for setting up, maintaining access to, and complying with all regulations and policies of your PayPal account. OfferingTree is not responsible for paying any taxes (unless required by law) or any third-party charges assessed on the commissions (e.g., PayPal fees to access or receive funds). You agree and acknowledge that OfferingTree may require a Form W-9 and/or other tax information prior to paying any commission if required by law.

You are solely responsible for complying with any and all tax laws governing the commissions and you hereby acknowledge, understand, and agree that it is your sole responsibility to file and pay any taxes or fees which may come due and owing as a result of receiving such commissions. You assume all liability for any taxes, assessments or penalties related hereto.

In the event that any overpayment of commissions is made by us, you hereby agree to promptly remit such excess payment upon notification by us.

6. Data Collection and Processing

By participating in the Affiliate Program, you agree to the further collection and processing of your personal information, beyond what is specified in our Privacy Policy (https://offeringtree.com/privacy_policy/), via our third-party service provider FirstPromoter (https://firstpromoter.com/). FirstPromoter provides all affiliate and referral tracking services for us and will require certain personal information (i.e., name, email, PayPal email / ID) in order for us to track referrals and pay commissions to you. By participating in the Ambassador Program, you agree to FirstPromoter’s collection and processing of your personal information and agree to be bound by its privacy policy (https://firstpromoter.com/privacy) and terms of use (https://firstpromoter.com/terms). 

7. No Relationship to OfferingTree

Nothing in this Agreement shall be deemed to create a partner, employee, agent, franchisee, sales representative, joint venturer or any other similar relationship between you and OfferingTree. You have no authority to act on OfferingTree’s behalf and shall not misrepresent your relationship. Under no circumstances will OfferingTree be held liable for any of your actions (or results thereof).

8. Limitation of Liability

TO THE GREATEST EXTENT PERMITTED BY LAW, OFFERINGTREE’S (INCLUDING ANY OFFICER’S, EMPLOYEE’S, DIRECTOR’S OR ANY OTHER REPRESENTATIVE’S) MAXIMUM AND AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE OF ACTION RELATED TO OR ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED $50 U.S. DOLLARS. TO THE GREATEST EXTENT PERMITTED BY LAW, OFFERINGTREE (INCLUDING ANY OFFICER, EMPLOYEE, DIRECTOR OR ANY OTHER REPRESENTATIVE) SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO CLAIMS OF ECONOMIC LOSS (INCLUDING WITHOUT LIMITATION LOST REVENUE, PROFIT, BUSINESS, CONTRACTS, ANTICIPATED SAVINGS) OR LOSS OF REPUTATION OR GOODWILL. ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, OFFERINGTREE WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITH YOU. 

Nothing contained in this Agreement or in any written or oral communications from OfferingTree (including any officer, employee, director or any other representative) shall be construed to make (or implied to make) any promise, covenant, warranty, or guaranty from OfferingTree, all of which are explicitly disclaimed.

9. Indemnification

You agree to protect, defend, indemnify and hold harmless OfferingTree (and its directors, officers, employees, agents , representatives and service providers) from and against any claims, actions, liabilities, losses, damages, costs or expenses, including without limitation, attorneys’ fees and costs of litigation, even if such claims are groundless, fraudulent or false, incurred by OfferingTree arising from or related to: (i) any charges or fees emanating from OfferingTree’s payment of commissions to you; (ii) any investigation or assessment by any taxing or labor authority related to your commissions or relationship to OfferingTree; (iii) your breach of this Agreement; (iv) any third party claim; (v) your negligence, gross negligence, error, omission or willful misconduct. 

10. Modifications

We may modify any of the terms specified in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our website, and may do so without providing notice to you. Modifications may include, for example, changes in the amounts or applicability of available commissions, payment procedures, and other general program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR WEBSITE OR SENDING YOU THE CHANGE NOTICE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE, REGARDLESS OF WHETHER OR NOT YOU RECEIVED NOTICE OF THE SAME.

11. Miscellaneous

You agree that all instructions, communication, notices, materials and data may be sent via email using the email address you provided to participate in the Ambassador Program. You may not assign, subcontract or delegate your performance in the Ambassador Program. This Agreement represents the complete agreement between OfferingTree and you and supersedes all prior understandings, agreements or representations, whether written or oral. OfferingTree’s failure to exercise or enforce any right or provision under this Agreement does not constitute a waiver of such right or provision. Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement shall be construed and enforced according to the laws of the State of Minnesota, without regard to choice of law principles. All claims or disputes related to or arising under this Agreement will be resolved in any Minnesota state or federal court that is located in Hennepin County, Minnesota, USA. If any provision of this Agreement is deemed unenforceable for any reason, then that provision will be deemed severable from this Agreement and will not affect the validity or enforceability of any remaining provisions.

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