Dubb AFFILIATE PROGRAM AGREEMENT
This Affiliate Program Agreement is made and entered into as set forth below:
BETWEEN: Dubb LLC (the "Owner”, “Dubb”)
AND: Affiliate (the " Recipient”, “You”)
"Affiliate" means an individual or business generating their own traffic and thus rewarded for legitimate sales, leads, clicks, or other measurable action.
By clicking “I Accept the Terms and Conditions” and submit, You thereby accept the terms of this Agreement, You indicate that You have read and understood this Agreement and agree that You are bound by its terms.
It is understood that you will introduce Company products to your current and prospective customers and will comply with all laws as well those that govern email marketing and anti-spam laws.
Company reserves the right to accept or reject any prospective customers and will pay you a commission per customer referred using your affiliate link according to the designated payment schedule.
Affiliate must represent the service in professional manner at all times.
The Affiliate is allowed to place links on his website to websites which have an Affiliate Program registered at HYPERLINK "https://dubb.com/" \t "blank" https://dubb.com.
Any Affiliate Program may be amended or terminated at any time. Information about the Affiliate Programs will be available on Company website.
The Affiliate must keep himself informed of any amendments of Affiliate Programs, in particular if a registered website has terminated its Affiliate Program or changed the conditions for remuneration to Affiliates.
The Affiliate must comply with the requirements of the Affiliate Program including in particular any stipulations as to the nature and content of the Affiliate's website and the use of third party or other Affiliates trademarks and logos. Affiliate needs approval to use any Company content on their website or social media accounts. No logo, tagline, trademark, trade name, or trade dress (collectively, the “Dubb Trademarks”) owned by Dubb may be used, copied, or reproduced by any Affiliate except as set forth below. No Dubb intellectual property (or any mark confusingly similar to any Dubb intellectual property) is to be registered as a trademark in any country or registered as a domain name by Affiliate in any way in any country. Dubb retains exclusive ownership of all Dubb’ Trademarks and other intellectual property and all of its rights therein. Affiliate shall not promote or provide services to any other business or person that is infringing any of Dubb’ intellectual property. Dubb retains exclusive ownership of all Dubb’ Trademarks and other intellectual property and all of its rights therein. Affiliate shall not promote or provide services to any other business or person that is infringing any of Dubb’ intellectual property.
Subject to the restrictions above, approved Affiliates are granted a limited, revocable, non-transferrable, and non-assignable license to use the “Dubb” trademark, Registration No. [please insert trademark registration number], to advertise Dubb online. Any time Affiliate uses the word “Dubb” it must be immediately followed by “®”. Affiliate may not use “Dubb” or other Dubb’s trademarks as part of any URL, domain, or website name.
TERMS OF THE AGREEMENT:
The term of this Agreement will begin upon our acceptance into the Affiliate Program by the Owner and continues on a month-by month basis until terminated.
You are only eligible to earn Commission Fees on Qualified Purchases occurring during the term of the Agreement, and Commission Fees earned through the date of termination will remain payable only if the orders for the related Products and Services are not cancelled and comply with all Terms laid out in this Agreement.
We may withhold Your final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payment from Referred Customers are legitimate as determined by Company in its sole discretion.
Any Affiliate who violates either this Agreement or Company's Terms and Conditions will immediately forfeit any right to any and all accrued Commissions Fees and will be removed from the Company Affiliate Program.
Without limitation, Affiliate's participation in the Program, and this Agreement, shall be deemed automatically terminated immediately and all commissions forfeited upon Affiliate's violation of any of the terms of this Agreement or of any applicable law or regulation having the force of law.
CONSENT TO BE CONTACTED:
As a condition of this Agreement, You expressly agree to be contacted at the phone number and email address provided in Your Application to include automated dialing systems, texts, and pre-recorded messages. This consent is material to the Agreement and irrevocable.
Only duly authorized Company officers, employees, and agents will have access to information furnished or obtained in connection with the Affiliate Program; that they will maintain and protect the confidentiality of such information to the greatest extent possible; and that they will share such information only to the extent necessary to make employment decisions and to respond to inquiries or notices from government entities.
You hereby agree to indemnify and hold harmless Us and Our 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:
Any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party.
Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein.
Any claim related to your site, including, without limitation, its development, operation, maintenance, and content therein not attributable to us.
ENROLLMENT IN THE AFFILIATE PROGRAM:
To begin the enrollment process, you will submit an Application to the Company requesting membership. You affirm that all information is factual and true.
We will evaluate your request and notify you of your acceptance or rejection.
We may reject your request for any reason our sole discretion.
We generally reject request related to websites that: promote violence;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; Promote illegal activities or are intended to harass or defame anyone; or
Otherwise violate our intellectual property rights or the intellectual property rights of others.
If we reject your request, you are welcome to reapply to the Program at any time.
If we accept your request, we reserve the right to terminate your participation in the Program for any reason in our sole discretion immediately without prior notice.
Affiliates are not permitted to send unsolicited (SPAM) email, SMS, LinkedIn, or any other messages on behalf of Dubb or making any representations about Dubb. Company, in its sole discretion, shall determine whether Affiliate’s conduct and any associated advertising is in compliance with all laws. For the avoidance of doubt, any claims that guarantee the user will make money are expressly forbidden.
On any website that Affiliate advertises any Dubb service or product, Affiliate must plainly display (i.e., not in a link, or in small font) disclaimer language, such as:
“Disclosure: I am an independent Dubb Affiliate, not an employee. I receive referral payments from Dubb.”
Affiliate shall not comment negatively on Company or any competitor of Company. You shall not direct link to Dubb’s sales page from any paid advertising or use any deceptive search engine optimization based on Dubb’s trademark rights.
When using social media (specifically, Instagram or YouTube) for advertising, each post must contain the following:
◦ @dubb or #dubb.
◦ Instagram posts must use the “Paid Partnership” tool.
◦ YouTube posts must contain the word “Promotion”, “Paid Partnership”, “Ad” or “Advertisement” in the top right portion of the video in a large enough font size such that is clearly visible to the viewer and consistent throughout the entire video.
◦ Post must display the ad hashtag (#ad) before the “More” button in a clear and
For advertising on other platforms, Affiliate shall comply with their disclosure requirements as well as all general terms and conditions of the site.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion.
Modifications may include, but are not limited to, changes in the payment procedures and Company Affiliate Program rules.
If any modification is unacceptable to you, your only option is to end this Agreement.
Your continued participation in Company Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
Company reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate’s efforts.
You will receive a Commission for sending a Company authorized sales via Your Link. Affiliate will receive 30% recurring revenue per sale via Your Link. Affiliate’s link must be used in order to get a commission for any sale. There is a cookie of 180 days for affiliate payout.
You must have generated $200 or more to qualify for a payout. You agree to join third party payment program to receive payments (PayPal) once you reach $200 to receive such payout.
Payments are made monthly, the following month from when the sale occurred. In the event that the payday falls on a holiday, you will be paid on the business day preceding the holiday. All Commissions are paid in U.S. Dollars (USD).
You can choose to apply earnings to your Dubb account for SAAS credits.
You may not apply affiliate commission to your own account.
You are responsible for determining if the Payout you have placed on your site has changed or been discontinued.
If Company determines any sale was fraudulent in nature, Company shall terminate this Agreement with Affiliate immediately with no liability to the You. Affiliate forfeits all Commissions owed to You as a result of this breach.
Affiliates are expected to be solely responsible for converting leads to sales (i.e. closing deals without the support of the Dubb support or sales staff) in order to receive full affiliate commission. If support is required for the Affiliate from the Dubb team to convert an opportunity to a closed deal, then different compensation terms will be applied.
INDEPENDENT CONTRACTOR RELATIONSHIP:
The parties hereto are independent contractors, and nothing contained in this Agreement shall be construed to place them in the relationship of partners, principal and agent, employer/employee, or joint venturers. Company shall not be responsible for paying any taxes or contributions to on behalf of Affiliate. Company shall not be responsible for complying with employment-related laws or regulations in regard to Affiliate, and Affiliate warrants that Affiliate will comply with all such laws and regulations.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement, will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
RESPRESENTATIONS AND WARRANTIES:
You represent that you are not involved in any pending or prior governmental investigations, inquiries, or prosecutions by any federal or state governmental agency, regulatory authority, or lawsuits that pertain to any consumer protection or advertising laws. If you do become party to any such investigation, you will immediately (within 1 business day) give notice to Company. Company can choose to terminate this Agreement and your participation in the Affiliate Program.
Company does not warrant any sales, income, or your overall business success. Company does not provide referrals or sales leads to You.
LIMITATION OF LIABILITY:
IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS, OR GOODWILL, FOR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NONPERFORMANCE OF THE AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or, will be settled by binding arbitration between you and Dubb, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Dubb are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Dubb otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding.
If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement in order to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.
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 a provision or any other provision of this Agreement.
TERMINATION OF AGREEMENT:
Either you or Company may terminate the Affiliate relationship at any time. Company has the right to remove any affiliate for any reason.
You are only eligible to earn Affiliate payments during your time as an approved Affiliate.
Company may change the program or service policies and operating procedures at any time.
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