Pay Off Debt Affiliate Program Application

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    Pay Off Debt App Affiliate Agreement

    THIS IS A LEGAL AGREEMENT BETWEEN YOU (the "Affiliate") AND PARALLEL FOCUS LLC ("the Company"), AN ARIZONA LIMITED LIABILITY COMPANY. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF ARIZONA, USA. BY SUBMITTING THE PAY OFF DEBT AFFILIATE AGREEMENT ("the Agreement") YOU ARE AGREEING THAT YOU ARE AT LEAST 18 YEARS OF AGE, HAVE THE AUTHORITY TO ACT ON BEHALF OF THE ORGANIZATION ENTERING INTO THE AGREEMENT, HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION. You may print this page for your records. OVERVIEW This Agreement contains the complete terms and conditions that apply to you becoming an Affiliate in the Pay Off Debt App Affiliate Program ("the Program"). The purpose of this Agreement is to allow you to make referrals from your website to the Pay Off Debt app for sale in the iTunes store (the "App") in the manner set forth herein. ENROLLMENT As an Affiliate of the App, you may place and remove affiliate links to the App on your website and in acceptable locations, subject to this Agreement and its restrictions. This Agreement will begin upon our acceptance of your Program application. Our acceptance shall be indicated by the provision of an individualized affiliate link to you via email, and will continue unless terminated hereunder. As an Affiliate of the App you are granted a non-exclusive, limited, revocable license to use Company provided trademarks, banners, and screenshots. You are only entitled to use the licensed materials to the extent that you are a member in good standing of the Program. All images, technology and content provided for your use is and shall remain the sole property of the Company, and no part thereof shall be deemed assigned or licensed to you except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, trade names and service marks related to the foregoing shall remain the Company’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, content or any of the images provided to you in any way or use them in violation of the law or any third party rights. You agree that nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and the Company. You will have no authority to make or accept any offers or representations on our behalf. RESTRICTIONS Spamming of any type (emails, message boards, forums, guest books, etc.) is NOT ALLOWED. Sites that contain or promote sexually explicit materials, violence, hate, illegal activities, or that are otherwise objectionable to the Company in our sole discretion are NOT ALLOWED. Sites, schemes, links, or software that unfairly diverts referral fees from other affiliates or the Company are NOT ALLOWED. Parasitic marketing or deceptive advertising of any type is NOT ALLOWED. Bidding on "Pay Off Debt", "Pay Off Debt app", "The Debt Myth", or similar competitive or misspelled search terms is NOT ALLOWED. Using cookie stuffing techniques are NOT ALLOWED. Including the App name, the Company name, or The Debt Myth or variations or misspellings thereof in a domain name is NOT ALLOWED. Creating or designing your website or any other website that you operate in a manner which resembles TheDebtMyth.com, the iTunes store, or in a manner which leads customers to believe you are the Company is NOT ALLOWED. Displaying a fixed price for the App is discouraged, as pricing may change without notice. You are solely responsible for ensuring that any pricing mentioned is accurate at all times. COMPANY RIGHTS AND OBLIGATIONS The Company reserves the right, at any time, to review your placement and approve the use of your links and require that you change the placement or use to comply with the guidelines provided to you. The maintenance and the updating of your site will be your responsibility. The Company may modify any of the terms and conditions in the 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/or the affiliate agreement terms. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in the Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes. TERMINATION The Company reserves the right to terminate this Agreement and your participation in the Pay Off Debt App Affiliate Program immediately and without notice to you should you commit fraud in your use of the program or should you abuse this program in any way. If such fraud or abuse is detected, the Company shall not be liable to you for any referral fees for such fraudulent sales. Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice via email. The Company's email address is comments@thedebtmyth.com. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you. TRACKING AND PAYMENT The Company uses the third party AppsFlyer to handle all of the referral tracking. As an Affiliate, you may accrue a one-time Referral Fee for each qualified purchase of an App that meets the definition of a "Qualified Purchase" and the requirements set forth herein. A "Qualified Purchase" is the purchase of the App by a new and unique customer who: (i) clicks on your Affiliate tracking link, (ii) purchases, installs, and opens the app within the 7-day click-through look-back period, and (iii) is recorded as a new non-organic install by AppsFlyer. No referral fee will accrue for sales that occurred before your participation in the Program. Final determination as to whether a Qualified Purchase has occurred is at the Company's sole determination. The Referral Fee amount shall be thirty percent (30%) of the retail sales price of the App on the date of its purchase. Referral Fees shall be paid on a monthly basis for Qualified Purchases from an Affiliate that occurred during the preceding calendar month. If this Agreement terminates, Referral Fees due at the time of termination will be paid at the end of the month following termination. Referral Fees shall be paid in US dollars via PayPal. As an Affiliate, you are required to supply a PayPal address to receive payments and are responsible for making sure your bank or PayPal account can accept payments from US-based companies. As an Affiliate, you are responsible for any and all fees, taxes, exchange rates, surcharges and other expenses incurred in order to receive your Referral Fees. Please check with your local banking institution and PayPal to find out if any of these apply for your account. YOUR ADDITIONAL RESPONSIBILITIES You must clearly represent yourself and your web sites as independent from the Company and the App at all times. You must comply fully with all applicable laws, regulations and guidelines concerning advertising and marketing, including without limitation, the Federal Trade Commission (FTC) Endorsement Guides, which require that material connections between advertisers and endorsers be disclosed. You are solely responsible for keeping all information up to date including email addresses, name, and any other personal information that will impact the ability to issue a valid payment. LIMITATIONS OF LIABILITY WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL THE COMPANY'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL FEES PAID TO YOU UNDER THIS AGREEMENT. INDEMNIFICATION You hereby agree to indemnify and hold harmless the Company, Apple, AppsFlyer, and their 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 (i) 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, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us. MISCELLANEOUS Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
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