The following Terms and Conditions (T&C, Terms or Agreement) apply to your participation in the Affiliate Program offered by Green Light Improv LLC regarding our product named Pivot Pitch (we, us, our) or any of our affiliated entities. The Affiliate Program (the Program) allows you (the Affiliate, your) to promote Pivot Pitch and receive commissions as set out in this T&C.
1. Participation in the Affiliate Program
We must approve you to participate in the Program. We can reject anyone if we determine that you are not suitable for the Program for any reason.
2. Your Responsibilities
As a valued affiliate of Pivot Pitch Game, it is your responsibility to provide us with complete and accurate information regarding your account. This includes, but is not limited to, your contact information, URLs of websites where you’ll promote Pivot Pitch Game, details of your promotional methods, payment and tax information, and any other relevant data we might request. We may also ask for additional information about your promotional activities and the websites where Pivot Pitch is featured. Inaccurate or incomplete information could lead to your removal from the Program, suspension or termination of your Affiliate account, and loss of earned commissions.
We expect you to ethically refer customers who are in good standing. Act in good faith. A customer in good standing should have valid contact details, not be associated with high fraud risk, and they must adhere to any usage limits as per our terms.
Your actions and advice to referrals should not negatively impact Pivot Pitch’s revenue. Avoid participating in or promoting incentivized schemes and business opportunities that use unethical marketing practices or attract disreputable customers.
Do not use or encourage the use of copyrighted or third-party materials without proper licensing on your or your referrals’ Pivot Pitch promotions. Additionally, refrain from altering or modifying any Pivot Pitch promotional materials, including icons, buttons, banners, graphics, and files, without our explicit written consent.
Engaging in blackhat SEO or spam link-building practices to increase referrals is strictly prohibited. Always adhere to applicable laws and maintain loyalty to Pivot Pitch, ensuring that our reputation and trust are not compromised.
You must transparently disclose your affiliate relationship with Pivot Pitch on your website and anywhere you promote Pivot Pitch.
Should we observe any practices in your affiliate activities that we believe violate these Terms and Conditions, we reserve the right to suspend or terminate your affiliate account and cancel any pending commission payments.
3. Affiliate Advertising
When promoting Pivot Pitch, you are required to use only the promotional materials that have been approved by us. These approved materials may be specifically approved in writing by a representative of Pivot Pitch. Such materials may include Pivot Pitch trade names, service marks, logos, and slogans for use on your Affiliate Site. We grant you a limited, non-exclusive, non-transferable license to access and download these materials, solely for the purpose of promoting websites owned, operated, or controlled by Pivot Pitch. By utilizing these materials, you agree to collaborate with us to establish and maintain their approved use.
Should your affiliate account be terminated, this license to access and use Pivot Pitch promotional materials will be automatically revoked.
Prohibited Advertising Practices:
Pivot Pitch reserves the right to determine the appropriateness of your promotional methods. Any advertising practices deemed inappropriate by us may lead to a warning, suspension, or termination of your affiliate account, and cancellation of all pending commission payments.
4. Affiliate Tracking Cookies
We track affiliate sales automatically through Etsy. By agreeing to our terms, you’re also agreeing to their terms. This is the only way we will track affiliate sales.
5. Affiliate Commissions
We will pay you a per-sale commission of $5 for each valid sale you refer to Pivot Pitch. A sale is considered valid under the following conditions:
Active Referral: The sale must result from your direct referral efforts. This is determined if:
Account Status: Your affiliate account must be active at the time of the sale. No commission is due for sales made before your registration in our Affiliate Program.
New Customer Requirement: The referred customer must be new to Pivot Pitch, having not used our services or signed up for an affiliate account with us before.
Independent Completion of Order: The customer must complete their order process independently, without any direct assistance from you.
Specific Product Sales: The sale must be for Pivot Pitch products or services. Sales for other services or additional features not directly related to Pivot Pitch do not qualify for commissions.
Not Returned by Customer: The referred customer must not return Pivot Pitch within 30 days of purchase.
Order Finalization: Sales that are canceled by the customer or suspended by Pivot Pitch for any reason do not qualify for an affiliate commission. The initial order payment and any related service renewal payments must be fully processed and not subject to refund or chargeback.
We reserve the right to deem any sale as invalid at our discretion, without the need to provide any explanation or justification.
6. Commission Payments
Pivot Pitch will pay all affiliate commissions as per the structure and currency specified on the Affiliate Program signup page, unless a different arrangement is agreed upon in writing. Commissions earned on valid sales will be paid out following a holding period of 30 days. We reserve the right to extend this holding period as outlined in the Terms and Conditions, without prior notice, if necessary to confirm the validity of a sale.
Commission payments are processed on a monthly basis or less frequently, according to your preferences. Payments are made via PayPal, and you are responsible for any transaction fees, unless a different payment arrangement is agreed upon.
It is your responsibility to ensure that all your information, including postal and email addresses, name, payment information, tax information, and any other personal details, is current and accurate. This is essential for the processing of commission payouts. We will hold commission payouts until we have received all necessary information. Suspended commissions can be claimed for up to 6 months from the original due date for payment.
We reserve the right to suspend your commission payouts at any time, for any duration, if we suspect any fraudulent activities, improper conduct, or violations of this Agreement by you or any customer you refer.
Furthermore, we retain the authority to deduct from your current and future commissions any amounts paid out for sales that are later deemed fraudulent, questionable, or canceled. In cases where no future commissions are due, we will issue a bill for the balance of such refunded purchases upon termination of the program or the termination of the referred customer’s account.
7. Relationship of the Parties
Both Pivot Pitch and the Affiliate enter into this Agreement as independent contractors. This Agreement does not establish any form of partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The Affiliate does not possess the authority to make or accept any offers or representations on behalf of Pivot Pitch. Additionally, the Affiliate is prohibited from making any statements, whether on their website or through other means, that could reasonably contradict the terms outlined in this section.
8. Account Termination
As an affiliate, you have the right to cancel and terminate your account with Pivot Pitch at any time. This can be done by contacting us at Nathan@NathanMinns.com. Upon your request for termination, we will provide written confirmation that your account has been closed.
Pivot Pitch reserves the right to terminate an affiliate account under the following conditions:
Upon termination of an affiliate account, Pivot Pitch will cease tracking the sales associated with that affiliate, and the affiliate will no longer be eligible for future commission payments. Any commissions due at the time of termination will be paid post any holding period and according to the regular payout cycle. However, if the account is terminated due to a violation of these Terms and Conditions, no outstanding commission payments will be due, and an administrative fee of 20 USD (or the equivalent in your currency) will be charged to the affiliate.
Following the termination of the Affiliate account, the affiliate must remove all Pivot Pitch promotional materials, trademarks, links, logos, and slogans from their website within 3 business days. This obligation survives the termination of the Agreement. Post-termination, the affiliate must not use Pivot Pitch trademarks, logos, or slogans and must refrain from any actions that could negatively impact the image, reputation, or business relations of Pivot Pitch with its current and potential clients.
The termination of the affiliate account results in the automatic termination of this Agreement.
9. Limitation of Liability
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT HOLD PIVOT PITCH, ITS LICENSORS, AGENTS, EMPLOYEES, OFFICERS, AND/OR THIRD-PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA, OR USE, OR ANY OTHER PECUNIARY LOSS INCURRED BY YOU OR ANY THIRD PARTY. THIS LIMITATION APPLIES TO CLAIMS IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF PIVOT PITCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PIVOT PITCH’S LIABILITY TO YOU EXCEED THE FEES PAID BY YOU TO PIVOT PITCH DURING THE ONE MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. IN JURISDICTIONS WHERE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT PERMITTED, PIVOT PITCH’S LIABILITY WILL BE LIMITED TO THE EXTENT ALLOWED BY LAW.
This provision will continue to be effective following the termination of the Agreement.
10. Governing Law
Any disputes, controversies, or claims arising under this Agreement will be resolved in accordance with the laws of the jurisdiction where the Pivot Pitch entity that services your Affiliate account is located. This will govern any legal proceedings or actions related to this Agreement.
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
12. Changes to the Affiliate Program Terms
Pivot Pitch reserves the right to modify this Agreement, along with any policies or provisions referenced herein, at any time. Such amendments or supplements to the Agreement will become effective immediately upon their posting on the Pivot Pitch website. The most current version of the Terms and Conditions will always be available on our website. If you disagree with any changes made to the Agreement, you are required to terminate your Affiliate account within 10 business days from the date of the amendment. Only an authorized officer of Pivot Pitch has the authority to alter these Terms and Conditions. No agent, employee, or individual under contract with Pivot Pitch has the power to vary these Terms and Conditions in any manner. Oral explanations or information provided by any party do not change the interpretation of these Terms and Conditions.
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