Last Updated: February 8, 2021
Effective Date: February 8, 2021
These Affiliate Terms of Service (the “Terms”) govern the affiliate program we make available via Get Rewardful (the “Program”). “We” means Privacy Toll Free, LLC doing business as CCPA Toll Free (also, “CCPA Toll Free,” “our” or “us”).
By signing up for the Program, you agree to these Terms. If you are signing up for the Program on behalf of an organization such as your employer, you agree to these Terms on behalf of that organization, and warrant that you have the authority to agree to these terms on the organization’s behalf. In that case, “you” and “your” will refer to that organization. If you have any questions about these Terms, please contact us at legal@CCPATollFree.com.
We provide services such as ccpatollfree.com that enable our B2B clients (“Clients”) to provide their end users with a means to express their privacy preferences, including via a toll-free privacy hotline. If a Client enters into an agreement for our services facilitated by the Program, it is an agreement between the client and us and not the client and you.
Participating in the Program gives you the right to refer potential Clients to our services and to receive a fee for doing so. By signing up, you do not commit to referring potential Clients to us.
Promoting our Services
We authorize you to promote our services via the Program, subject to these Terms.
For promotional activities, you may use the materials provided by us on our websites, unless they are not reasonably for promotional use (e.g. integration documentation). You may not republish any third-party materials from out websites, such as testimonials, without our prior written consent. You may use our brand name and logo, without alteration and always in a positive light, and we may provide additional requirements regarding their manner of presentation.
You may not, as we may determine in our discretion:
- Make self-referrals;
- Abuse or game the Program
- Violate any laws applicable to the protection of personal data;
- Fail to disclose our affiliate relationship per FTC Guidelines;
- Place search engine ads (including on branded terms or domain names), social media ads or other ads for our services because they could compete with our marketing and confuse customers;
- Promote us via any communication such as e-mail, text/SMS or direct message unless you have the documented, explicit opt-in consent of each user to receive these communications in compliance with laws;
- Pretend to be act on behalf or us (e.g.,. as an employee);
- Promote us on any Internet properties that: feature pornographic or sexually suggestive content or adult products or themes; promote gambling, copyright infringement, illegality, violence or hatred of any individual or group; sell weapons, or ammunition, legal or illegal drugs or nicotine products; contain defamatory or libelous content; automatically redirect users to a new page or app; include pop-ups; or include anything misleading or containing content that is not reflective of what the user will find on the clickthrough URL;
- Make any statement about us or our services that disparage us in any way, that are inaccurate, misleading or that violate laws, e.g. relating to comparative advertising, unfair trade practices, or consumer rights. We will provide the same protection for you, and this mutual term survives the termination of this agreement.
While we will endeavor to discuss the matter with you if we believe you have violated our Terms, we may terminate your participation in the Program at any time for any reason or no reason.
We will pay you a referral commission of 20% of our software services revenue (exclusive of taxes, and for clarity exclusive of non-SaaS revenue such as any setup, integration, or customization fees) for the first annual invoice or the first 12 monthly invoices, as applicable, that we collect from any new potential Client you first refer to our services via the Program, and who during the subsequent 60 days becomes a paying Client. We will not owe you commission to the extent we do not retain any invoiced amounts (e.g., due to refunds or chargebacks). Following a Client’s first year of service, we will continue to pay you a commission of 20% of softwares services revenue for their renewals, provided that you have referred to us at least two new paying Clients during the 12 months prior to our collection of the applicable Client renewal invoice.
We pay commissions only where the Client’s first visit to our websites can be traced back to you. We will not owe you commissions if a referral occurs after you leave the Program (e.g., because you or we terminated this agreement). However, unless this agreement terminates for cause, we will continue to pay you commissions for Clients you referred to us prior to leaving the Program. We may offset against any future commissions owed to you any amounts previously paid to you that we subsequently deemed invalid (e.g., due to fraud or for amounts refunded to Clients).
We may refuse to pay or require reimbursement of commissions we deem invalid such as:
- If there is any fraud or violation of these Terms involved
- If our Client terminates its agreement with us prior to becoming a paying customer or to the extent we refund any fees to a Client
Billing, Payment and Reports
We pay commission monthly, with no minimum earnings threshold. We will issue an email statement to you (a credit invoice) reflecting the amount owed to you and the basis for such calculation. We will work with you to resolve any discrepancies, and our reporting is binding unless you call any discrepancy to our attention within 45 days of receipt of the corresponding statement and can demonsrate we have committed a manifest error of more than 10% in our reporting, in which case we will pay you based on the more accurate measurement. We will pay commissions within 30 days of the date that we receive the corresponding payment from Clients.
Term and Termination
This agreement is effective as of the date you sign up for the Program, and it will continue until either you or we terminate it any time for any reason or no reason. Following termination, you may no longer refer potential Clients to our services, and unless the agreement has terminated for cause, we will continue to pay you commissions on amounts received and retained by us following termination. If this agreement terminates for cause (e.g., failure to follow the Program rules), we will not pay you any further commission after the date of termination.
WE PROVIDE THE PROGRAM AND OUR SERVICES “AS IS,” AT YOUR OWN AND OUR CLIENTS’ RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Program. Some states may not allow the types of disclaimers in this paragraph, so they may not apply to you.
Mutual Limitation of Liability
You agree to pay us for all claims, costs, damages, fees and expenses (including reasonable attorney fees) arising out of your knowing and intentional violation of these Terms. Subject to the foregoing, (A) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL YOU OR WE OR EITHER OF OUR RESPECTIVE AFFILIATES, OFFICERS, EMPLOYEES, MEMBERS, SHAREHOLDERS, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, PROFIT, DATA, GOOD WILL, SERVICE INTERRUPTIONS, COMPUTER DAMAGE OR SYSTEM FAILURE), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; and (B) THE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO OR ARISING OUT OF THE PROGRAM SHALL NEVER EXCEED THE GREATER OF $100 OR THE AMOUNTS PAYABLE TO YOU BY PRIVACY TOLL FREE, LLC DURING THE SIX MONTHS PRIOR TO A CLAIM FIRST ARISING. Some states do not allow the types of limitations in this paragraph. If you are in one of these jurisdictions, these limitations may not apply to you.
From time to time, either of us (the “Disclosing Party”) may disclose or make available to the other (the “Receiving Party”) non-public, proprietary, and confidential information of the Disclosing Party (“Confidential Information”). Confidential Information includes any information that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology, user/client, and marketing information. Our Confidential Information includes the results of your participation in the Program. Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of the Receiving Party’s breach of this confidentiality section; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in the Receiving Party’s possession prior to the Disclosing Party’s disclosure hereunder; or (d) was or is independently developed by the Receiving Party without using any of the Disclosing Party Confidential Information.
The Receiving Party shall: (a) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than commercially reasonable care; (b) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under these Terms; and (c) not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s service providers or financial/legal advisors who need to know the Confidential Information and are bound to confidentiality obligations at least as restrictive as those in these Terms.
If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall to the extent lawful, prior to making such disclosure, use commercially reasonable efforts to notify the Disclosing Party of such requirements to afford the Disclosing Party the opportunity to seek, at the Disclosing Party’s sole cost and expense, a protective order or other remedy.
We may revise the Terms periodically. If a revision is material, as determined solely by us, we will notify you, for example via email. The current version of our Terms will always be posted on our Affiliate Terms page and these Terms may not be amended in any manner other than by our posting them there. Any terms or conditions provided by you will not form part of this agreement and they are void. By continuing to participate in the Program after any revisions become effective, you agree to the revised Terms.
Changes will become effective upon the effective date specified at the top of our Affiliate Terms, which, except in case of exigency, will not be less than two weeks earlier than the date on which we publish them. If you do not agree to the revised Terms, email firstname.lastname@example.org and we’ll cancel your account (you won’t be able to refer new clients to us, and under these circumstances, we’ll still pay you commissions for previously referred Clients).
You and we are independent contractors and are not forming a partnership or joint venture. Neither party will be authorised to enter into agreements on the other party’s behalf.
Neither of us may assign any rights or obligations under these Terms except to a successor to at least substantially all of your or our business or assets, and any other transfer is void.
These Terms and any action related thereto will be governed by the laws of the State of New York. Any dispute between you and us or arising out of or relating to these Terms or the Program shall be resolved exclusively in the state and federal courts located in New York County, New York and you and we each waives any objection to jurisdiction and venue in such courts.
YOU AND WE WAIVE OUR RIGHT TO A JURY TRIAL. You agree that any claim you may have against us, including our past and present employees and agents, shall be brought individually and you shall not join such claim with claims of any other person or entity or bring, join or participate in a class action against us.
These Terms create no third party beneficiary rights. A failure to enforce a provision of these Terms is not a waiver of the right to do so later. If a provision is found unenforceable, the remaining provisions of these Terms will remain effective, and an enforceable term will be substituted reflecting our intent as closely as possible. The exercise by you or us of any remedy under these Terms is without prejudice to any other available remedies.
These Terms constitute the entire and exclusive agreement between you and Privacy Toll Free, LLC, and supersede and replace any other agreements, terms and conditions.