The below Referral Agreement + Terms of Service is for participants in the Spots Initiatives Referral Program only.
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Spots Initiatives Referral Agreement + Terms of Service
These Terms of Service (the "Referral Agreement") govern the Referral Program that is made available by Spots Initiatives. ("Spots Initiatives", "we" or "us"). These Terms of Service represent the whole Referral Agreement and understanding between Spots Initiatives and the individual or entity who participates in the Referral Program (the "Spots Promoter", or "you").
Please read this Agreement carefully, as it represents an Agreement between you and Spots Initiatives. By creating your Referral Program account as a Spots Promoter, and by your use of the Referral Program, you agree to comply with all of the Terms of Service set out in this Referral Agreement. Spots Initiatives may terminate your Spots Promoter Account at any time, for conduct that is in breach of this Agreement, and for conduct that Spots Initiatives believes is harmful to its business, or for conduct where the use of the Referral Program is harmful to any other party.
1. Spots Promoter Tracking
Spots Initiatives will provide all Spots Promoter's with specific Spots Promoter Tracking Links to run traffic and other marketing content. Cookie tracking duration is unique to each Spots Promoter Campaign. Only users who make a purchase while the cookie is active will be considered commissionable referrals of the Spots Promoter and recorded as such in the Spots Promoter Dashboard.
Spots Promoter's are not authorized to modify or alter their Spots Promoter Tracking Links or the cookies in any way. Spots Initiatives is not responsible for any tracking or reporting errors that may result from any modifications to the Spots Promoter Tracking Links or the cookies.
2. Coupon Discounts
Certain campaigns may include a unique Spots Promoter promotion coupon. Coupon details are outlined in each Spots Promoter's Dashboard.
3. Payout Requirements & Details
A commissionable referral (or any other campaign-specific reward) will become eligible for payout at the end of the next calendar month if it meets all of these criteria:
Failure to meet any of these criteria will void the commissionable referral and disqualify it from any potential payouts.
All commissionable referral payments will be payable in United States Dollars only. Payment will be made via ACH, based on the total commission owed in the Spots Promoter Dashboard. The Spots Promoter is responsible for providing Spots Initiatives with the full and accurate details, and is solely responsible for any delays in payment resulting from its failure to do so.
In the event of any activity deemed suspicious by Spots Initiatives, Spots Initiatives may delay the payment of commissionable referrals by up to 6 calendar months to verify the relevant transactions. Spots Initiatives reserves the right to recalculate, void, or disqualify any commissionable referrals in the event of any fraudulent, deceptive or otherwise illegal activity.
4. Expectations
The Spots Promoter must develop quality content and execute marketing efforts with the purpose of generating Spots Initiatives Vendor Account Signups, on an ongoing basis, via the Referral Program through various marketing channels including the Spots Promoter's website, social media, email campaigns, etc. The Spots Promoter must not participate in other programs that compete directly with Spots Initiatives and its platforms. It is the responsibility of the Spots Promoter and Spots Initiatives to create a long-lasting relationship built on great communication, positivity and trust.
5. Advertisements
Spots Initiatives hereby grants the Spots Promoter a non-exclusive, non-transferable, limited license to use the Spots Initiatives logos for the sole purpose of promoting our service within the context of the Referral Agreement. This license will expire upon termination of the Spots Promoter's participation in this Agreement.
The Spots Promoter may only display advertisements that contain Spots Initiatives's logos or service marks in good taste. The Spots Promoter may not use the Spots Initiatives (or applicable marketplace initiative name) keyword in paid AdWords advertising, in logos or service marks in a manner that, in Spots Initiatives sole discretion, portrays Spots Initiatives in negative light.
The Spots Promoter will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.
Spots Initiatives may, without prior notice, require the Spots Promoter to remove or modify any advertisements in Spots Initiatives's sole discretion.
6. Termination
The Spots Promoter may terminate their participation in the Referral Agreement with immediate effect by emailing Spots Initiatives a notice of termination to support@spotsinitiatives.com.
Spots Initiatives reserves the right to terminate the Spots Promoter's's participation in the Referral Program at any time for conduct that is in material breach of this Agreement or for conduct that Spots Initiatives, in its sole discretion, deems to be harmful to its business or any third party.
Upon termination, the Spots Promoter will lose access to its Spots Promoter Dashboard and will forfeit all potential or unpaid commissionable referrals.
7. Relationship of Parties
Spots Initiatives and the Spots Promoter are independent contractors. Nothing in this Referral Agreement will create any employment, representative, agency, or joint venture relationship between the parties. The Spots Promoter has no authority to act on Spots Initiatives's behalf.
8. Limitation of Liability
The Referral Agreement is provided on an "as is" and "as available" basis and the use of the Referral Program is at the Spots Promoter's own risk. Spots Initiatives makes no representations or warranties, either expressed or implied, with respect to the Referral Program, or any service or information provided through the Referral Agreement.
Spots Initiatives is not responsible for any damages, injury or economic loss arising from the use of the Referral Program. Should any part of the Referral Agreement cause damage or inconvenience to the Spots Promoter or anyone claiming through the Spots Promoter, the Spots Promoter assumes responsibility and the entire cost for them.
The Spots Promoter will indemnify and hold harmless Spots Initiatives, its directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Spots Promoter's or any third party's operations or use of the Referral Agreement.
9. Modification
Spots Initiatives may, in its sole discretion, change or modify this Referral Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Spots Promoter's upon posting of the modified Referral Agreement to their Spots Promoter Dashboard. The Spots Promoter is responsible for reading this document from time to time to ensure that its use of the Referral Program remains in compliance with this Referral Agreement.
10. Miscellaneous
The Spots Promoter warrants and represents that its actions and its participation in the Referral Program is in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. Spots Initiatives reserves the right to terminate the Spots Promoter's participation in the Referral Program if Spots Initiatives determines, in its sole discretion, that the Spots Promoter's actions or its participation in the Referral Program is in violation of any laws, rules, regulations, or any requirements of governmental authority.
This Referral Agreement constitutes the entire understanding between Spots Initiatives and the Spots Promoter. This Referral Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Referral Agreement.