By signing up to be an affiliate in the Rabbit Product Design Affiliate Program (“PROGRAM”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Rabbit Product Design reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current PROGRAM, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the PROGRAM after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://www.rabbitproductdesign.com/affiliateprogram-tos
Violation of any of the Account Terms below may result in the termination of your Affiliate Account and forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the PROGRAM at your own risk.
PROGRAM Account Terms
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Affiliate commissions are 10% of all revenue except manufactured parts are only 1%. No commission will be paid on any tax or shipping.
You are responsible for all content posted and activity that occurs under your account
One person or legal entity may not maintain more than one account.
You may not use the PROGRAM for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not use the PROGRAM to earn money on your own development projects.
Using Links on Your Site
As an affiliate website of Rabbit Product Design, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the "Links"), however, you CANNOT SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the PROGRAM and your forfeiting of monies otherwise due you hereunder. Allowable promotional links may contain Rabbit Product Design's trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by TubeBuddy. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be visually modified with our consent.
Payments will be made on the 1st of the month following the 30 days after payment has been received and cleared, not when a contract is signed.
Commission percentages are based on the Phase number
1) Phase 1 = 10%
2) Phase 2 = 10%
3) Phase 3 = 10% labor and 1% manufacturing revenue
4) Phase 4 = 10%
You will continue to receive commissions as customers move from phase to phase, then for ongoing marketing work and with each production order except if an account is terminated per below.
Commissions are paid by PayPal and only by PayPal. We cannot send checks, credit cards, or send cash. You are required to have a PayPal account to receive commissions. If you don't have a PayPal account you can sign up for one at any time, but you will not be paid until you have one.
Once a contract is paid and money received and cleared with bank, you'll be paid on the 1st of the month following a 30 day grace period. ease Note: Commissions are paid after the contract has been live for at least 60 days. For example, if someone you refer signs a contract and pays on Feb 10th, that referral becomes "active" on April 10th and you will be paid on the next payment day (May 1st). The reason for the grace period is in case someone cancels project mid stream and we need to refund part of the payment.
Compliance with Laws
As a condition to your participation in the PROGRAM, you agree that while you are a PROGRAM participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a PROGRAM participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the PROGRAM you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Rabbit Product Design, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the PROGRAM, or any other Rabbit Product Design service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Rabbit Product Design reserves the right to refuse service to anyone for any reason at any time.
Additionally, Rabbit Product Design in its sole discretion has the right to terminate the PROGRAM at any time. If the PROGRAM is terminated, payment of any future commissions are terminated including ongoing payments for prior referral purchases.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the PROGRAM, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the PROGRAM will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the PROGRAM or any services sold through the PROGRAM (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage).
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in San Francisco, California USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of California (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of the United States and the state of California, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of Rabbit Product Design to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Rabbit Product Design and govern your use of the Service, superseding any prior agreements between you and Rabbit Product Design (including, but not limited to, any prior versions of the Terms of Service).
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and the PROGRAM rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Rabbit Product Design's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.