Last modified on 03/21/23
These Affiliate Terms and Conditions (“Affiliate Terms”) govern your participation in the Adaptable Affiliate Program (the “Program”) as an authorized affiliate (the “Affiliate”, “you”, “your”, “yours”) of Adaptable Company LLC (the “Company”, “we”, “our”, “us”).
Please read these Affiliate Terms carefully. The terms and conditions of these Affiliate Terms may be modified by us at any time. The Company will provide reasonable advance notice of any amendment that includes a substantial change. If any modification to the terms and conditions of Affiliate Terms are unacceptable to you, you should terminate your Affiliate participation in the Program. Your continuing participation in the program will constitute your acceptance of any change.
YOU UNDERSTAND THAT BY REGISTERING FOR THE PROGRAM, YOU AGREE THAT YOU UNDERSTAND THE TERMS AND CONDITIONS OF THESE AFFILIATE TERMS AND YOU AGREE TO BE BOUND BY THE AFFILIATE TERMS AND CONDITIONS, INCLUDING THE INDEMNIFICATION PROVISION IN SECTION 9 OF THESE TERMS. IF YOU DO NOT ACCEPT THE TERMS IN ITS ENTIRETY, YOU MUST NOT SUBMIT YOUR APPLICATION FOR THE PARTICIPATION IN THE PROGRAM AND MUST NOT PROMOTE THE COMPANY AS AN AFFILIATE.
To become the Affiliate, you will need to complete and submit the online application at https://adaptable.getrewardful.com/signup (the “Application”). Your Application will need to be reviewed and approved by a representative of the Company in order for you to be accepted for the Program. We may reject your Application at our sole discretion. You will have no legal recourse against us for the rejection of your Application.
Compliance. Affiliate shall not engage in fraudulent, deceptive, and unfair business practices and advertising methods in violation of Federal Trade Commission (“FTC”) Act and other applicable regulations.
FTC Disclosure. Affiliate shall expressly disclose the affiliate relationship in each promotion that qualifies as an endorsement under existing FTC guidelines and other applicable regulations.
Intellectual Property. Affiliate shall follow all applicable intellectual property and other laws that pertain to your website, social profiles, and content. You must have express permission to use any person’s copyrighted material. You will be solely responsible for use of copyrighted material or other intellectual property in violation of the law or any third party rights.
Confidentiality. Affiliate will keep in confidence and not use or disclose such any and all confidential information of the Company, which have been provided within the Program, without express written permission of the Company.
You may use affiliate content and links both on your website and within your email messages. You may also advertise the Company’s websites in online and offline classified ads, magazines, and newspapers.
For affiliate content and links, you may use the graphics, design elements, logos, texts and other elements provided by us, or you may create your own as long as they are agreed with the Company, and are not in violation of these Affiliate Terms.
We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of these Affiliate Terms, and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Program.
Affiliate shall not engage in the following practices:
Pay Per Click bidding is prohibited without prior written permission of the Company.
Commissions are only paid when:
(i) the referred user signs up to a paid plan (relevant list of paid plans is available at https://www.adaptableco.com/plans), excluding trial, and
(ii) the account of the respective referred user remains active for a minimum of 30 days, and
(iii) the sign up to the paid plan has been completed within a 30-day period from the moment the referred user first clicks the affiliate link.
Commissions are only payable for transactions that have been successfully completed, excluding transactions that result in chargebacks or refunds.
Commissions will be paid monthly at the end of the current month to Affiliate’s PayPal or Wise account, or as otherwise may be agreed with the Company.
The Percentage Commission shall constitute 10% of the relevant subscription price (as determined at https://www.adaptableco.com/plans) as well as any add-ons paid by the referred user for the first 3 months of its active subscription with the Company.
The Company will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our websites.
We do not make any expressed or implied warranties with respect to the Program and/or the memberships or Services offered by us. We make no claim that the operation of the Program and/or our websites will be error-free and we will not be liable for any interruptions or errors.
We may terminate or suspend your participation in the Program immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Affiliate Terms.
Affiliate shall will indemnify and hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, arising arising out of or related to any and all claims sustained in connection with these Affiliate Terms due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
These Terms shall be governed and construed in accordance with the laws of the State of California without regard to its conflict of law provisions.
Any controversy or claim arising out of or relating to these Terms and Agreement, or the breach thereof, shall be determined by arbitration administered by the International Center for Dispute Resolution in accordance with its International Arbitration Rules, available as follows: https://www.adr.org/Rules. The number of arbitrators shall be one. The place of arbitration shall be California, USA The language of the arbitration shall be English.
No waiver by Company of any term or condition set forth in Affiliate Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Affiliate Terms shall not constitute a waiver of such right or provision.
If any provision of Affiliate Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Affiliate Terms will continue in full force and effect.
Please send your questions regarding these Affiliate Terms to [email protected].