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Affiliate Terms

Thank you so much for your interest in Contractista’s Affiliate Program. Please review the following terms and conditions to participate in the Affiliate Program. If you have any questions about these terms, please contact us at affiliate@contractista.com.

 

Affiliate Terms and Conditions

Welcome to the Contractista Affiliate Program! This Affiliate Program Agreement is a legally binding agreement between Affiliate (“you”) and Kailey Jacomet LLC (hereinafter “Contractista”). Kailey Jacomet LLC (“Contractista”, “we,” “us,” or “our”) invites you to participate in the Contractista Affiliate Program subject to the following terms and conditions, which may be updated from time to time.

By joining our affiliate program, you agree to the following terms and conditions, as well as our Privacy Policy, herein incorporated by reference. You agree, by joining the Contractista Affiliate Program that you are 18 years of age or older.

 

Affiliate Responsibilities

As an affiliate of Contractista, you agree to act as a marketer and promoter for the Contractista brand, website, and our products including contract templates, website policies, contract bundles, and any other products offered through the Contractista website.

 

Application Process

To join the Contractista Affiliate Program, you must follow the link on our Affiliate page at www.contractista.com/pages/team to apply. This link will lead you to a third-party affiliate software program, Affiliatly. You will be required to complete an intake form in order to receive an affiliate link. This is the link you will use in promotional marketing efforts, which allows the software to track purchases that result from a visitor’s use of your affiliate link and pay you a commission for any of these sales.

 

Payments

Affiliate commissions are all paid through PayPal on the 1st Monday of each month.

Every Contractista purchase is subject to a 7-day money back guarantee. Therefore, affiliate commissions will not be paid sooner than 7 days from the date of the customer’s purchase through your affiliate link.

You may track all purchases made through your affiliate link on your affiliate panel. Orders will not be viewable until full payment has been received.

 

Refunds/Chargebacks

If, during any time within 12 months after the date of purchase, we are charged back (i.e. customer refund), Contractista will charge you back for the commission earned on that purchase. You may contact us at affiliate@contractista.com with any questions.

 

Contact Information

When you register for the Contractista Affiliate Program, you must provide us with correct contact information. If, at any time, your contact information changes, you must contact us to update your information immediately. If you fail to provide correct contact information, you may be removed from the Affiliate Program.

 

Affiliate Login Information

You must keep your affiliate username and password confidential. You acknowledge and agree that it is your responsibility to secure this information. You agree to indemnify and hold harmless Contractista for any and all claims arising out of or relating to your failure to secure this information. If your username and password are compromised or there is any unauthorized use of your account, you agree to notify us immediately at affiliate@contractista.com.

 

Limitations and Prohibited Actions

As a Contractista Affiliate, you may not:

 

  • Disparage Contractista, any of our products, or Kailey Jacomet.
  • Make any misrepresentations of Contractista, any of our products, or Kailey Jacomet.
  • Engage in any conduct that is likely to harm the reputation of Contractista or Kailey Jacomet, or cause damage to our Website or business.
  • Use your own affiliate link to purchase a product from Contractista.

 

Affiliate Communications

By joining the Contractista Affiliate Program, you agree to follow FTC guidelines regarding online advertising, marketing, and endorsements, available for your review here:

http://business.ftc.gov/documents/bus71-ftcs-revised-endorsement-guideswhat-people-are-asking

In your marketing and endorsement activities as a Contractista affiliate, you agree to comply with regulations governing email marketing under the U.S. CAN SPAM Act. If you violate these regulations in any way, you will be promptly removed from the Contractista Affiliate Program.

 

Branding Guidelines

When promoting the Contractista brand and our products, and using our brand name and logos, we ask you to abide by the following branding guidelines. These may change from time to time and you will be notified by email of any such changes.

  • Only use logos and photos provided in your Affiliate Resources;
  • Do not alter the color or design of any brand logos; and
  • Identify yourself as a third party, who is not employed or directly associated with Contractista.

 

Use of Contractista Brand Name

As a Contractista affiliate, you may NOT purchase any keywords containing our brand name or use our brand name or any variation within a domain name. You also may not use our brand name or logos within registered usernames, account holder names, page names, or profile photos of any social media or email account.

You may use the Contractista brand name within social media posts, blog posts, articles, email marketing content, photos posted on social media, and within ad campaigns. If you have any questions, contact us at affiliate@contractista.com.

 

Consent to Email Communications

By registering to participate in the Contractista Affiliate Program, you agree to receive emails regarding promotions, marketing materials, and other news and updates, subject to our Privacy Policy, hereby incorporated by reference.

 

Intellectual Property Rights and Limited License

Contractista reserves rights to all content, information, data, text, logos, design elements, headers, service marks, trademarks, photographs, images, videos, blog posts, program and product names, graphics, color schemes and artwork published, to the extent protectable, on our Website and in any affiliate resource provided to you, as well as any and all information assessed through our Website or affiliate resources which is proprietary.

 

Our Limited License to You

By participating in the Contractista Affiliate Program, Contractista grants you a limited, non-transferrable, revocable license to use logos and content provided to you in your Affiliate Resources. Your use of these logos and content is limited to affiliate marketing activities. You are prohibited from reselling or distributing such purchased material.

No other use of our content is permitted without the express written consent of Contractista.

Besides materials provided to you in your Affiliate Resources, you may not use any Intellectual Property belonging to Contractista without express written consent, including content and photos available through our Website or social media accounts. You may not copy, reproduce, repost, alter, manipulate, sell, or distribute any of the Intellectual Property of Contractista without our express written consent.

If you violate any portion of these terms, you must destroy any copies you made of our content immediately and you will be removed from the Contractista Affiliate Program immediately. In such case, we reserve the right to take any appropriate legal action.

 

Earnings Disclaimer

At Contractista, we make no guarantees or financial claims of any kind regarding any potential income you may earn or generate by participating in the Contractista Affiliate Program.

 

Technology Disclaimer

By accessing and using our Website and participating in the Contractista Affiliate Program, you acknowledge, understand, and agree that Contractista makes no representations, warranties, or guarantees regarding the function or condition of our Website including any features or links.

You further understand and agree that Contractista shall not be liable to you for any loss, damage, inconvenience, or interruption to your business caused by the existence of viruses, or lack of accessibility or availability of our Website.

 

Independent Contractor Status and Relationship of Parties

This Agreement is not an employment agreement. At all times, Affiliate will act and perform services as an independent contractor. Nothing in this Agreement should be deemed or interpreted to render Affiliate as an employee, partner, agent, or joint venture of Contractista.

Affiliate shall have no authority to enter into any binding agreement on behalf of Contractista or hold himself/herself out as having the authority to enter into agreements on behalf of Contractista. As an independent contractor, Affiliate is not entitled to any employee benefits from Contractista.

 

Disclaimer of Warranties; Limitation of Liability

THE CONTRACTISTA WEBSITE AND ANY CONTENT CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE RESERVE THE RIGHT TO MAKE CHANGES, ADDITIONS, CORRECTIONS, AND IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE. WE MAKE NO REPRESENTATIONS OR GUARANTEES OF THE ACCURACY OF ANY INFORMATION ON THIS WEBSITE. WE ARE NOT RESPONSIBLE FOR ANY TECHNICAL, TYPOGRAPHICAL, OR PRICING ERRORS ON THIS WEBSITE, EXCEPT AS REQUIRED BY LAW. YOU USE THIS WEBSITE AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CONTRACTISTA DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. CONTRACTISTA DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE FREE FROM ERROR, DESTRUCTIVE FEATURES, COMPUTER VIRUSES OR OTHER CONTAMINATION.

FURTHERMORE, CONTRACTISTA DOES NOT MANY ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, CORRECTNESS, RELIABILITY, OR YOUR RESULTS FROM YOUR USE OF THE CONTENT, SOFTWARE, SERVICES, INFORMATION, OR FACILITIES OF THIS WEBSITE.

IN NO EVENT, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNTIVE, OR CONSEQUENCIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, OR BUSINESS DISRUPTION, THROUGH ANY ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE OR ANY CONTENT CONTAINED ON THIS WEBSITE OR YOUR PARTICIPATION IN THE CONTRACTISTA AFFILIATE PROGRAM.

 

Indemnification

BY PARTICIPATING IN THE CONTRACTISTA AFFILIATE PROGRAM, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CONTRACTISTA FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, EXPENSES, LIABILITIES, CAUSES OF ACTION, AND/OR CLAIMS ARISING OUT OF OR RELATED TO YOUR BREACH OF THESE AFFILIATE PROGRAM TERMS, YOUR VIOLATION OF THIRD PARTY RIGHTS, OR YOUR MISUSE OF THIS WEBSITE OR OUR CONTENT.

 

Term

This Agreement shall become effective upon your registration as a Contractista affiliate and shall continue until terminated according to the provisions below.

 

Termination

Any violation of these Affiliate Terms and Conditions may lead to termination of your participation in the Contractista Affiliate Program and/or appropriate legal action. In our sole discretion, we may, for any reason, limit, restrict, suspend, or terminate your participation in the Affiliate Program without prior notice or liability.

If this Agreement is terminated due to Affiliate’s breach of this Agreement, Affiliate shall not be entitled to any outstanding commission payments.

Either party may terminate this Agreement for any reason at any time. If this Agreement is terminated for any reason other than Affiliate’s breach of these terms, Affiliate will be paid for any outstanding commissions once the refund period for that purchase has passed.

 

Jurisdiction

The terms of this Agreement will be governed by the laws of the State of New Jersey and the state and federal courts located in New Jersey will have exclusive jurisdiction over any case or controversy arising from or relating to this agreement and your participating in the Contractista Affiliate Program. You hereby unconditionally and irrevocably consent to the personal and subject matter jurisdiction of the federal and state courts of the State of New Jersey for purposes of any claim or action arising out of or relating to these Terms.

By participating in the Contractista Affiliate Program, you consent irrevocably to personal jurisdiction in such courts in relation to any matter in connection with the terms of this Agreement and waive any defense of forum non conveniens. Through your participation in the Affiliate Program and/or acceptance of commission payments, you are deemed to have knowingly and voluntarily waived any right to a trial by jury in any case or controversy related to this Agreement and your participation as a Contractista affiliate.

Dispute Resolution

If a dispute arises from or relating to this Agreement and the Parties are unable to settle the dispute through direct communication, the Parties agree to first try to settle the dispute by mediation with the help of a mutually agreed upon mediator in the State of New Jersey. The Parties shall share any costs and fees related to the mediation equally, other than attorney fees. If mediation does not resolve a controversy or claim arising out of or related to this Agreement, the Parties further agree that any unresolved controversy or claim arising out of or related to this Agreement will be settled by arbitration administered by the American Arbitration Association and the judgment on the arbitration award may be entered in any court having jurisdiction over the matter.

 

Miscellaneous

Any failure by us to act on or enforce any provision contained within these Terms shall not constitute or be construed as a waiver of the provision or any other provision contained within these Terms. To be effective, a waiver of any provision contained within these Terms must be made by us in a signed, written agreement and no such waiver shall constitute a waiver of any other provision within these Terms besides the provision expressly waived in that signed writing.

The section headings contained within these Terms shall not be given any legal meaning or significance and are provided simply for convenience.

 

Changes

We may make changes to the terms of this Agreement at any time. We will email any changes to these terms to the email associated with your affiliate account. Your continued participation in the Contractista Affiliate Program and acceptance of commission payments shall constitute your acceptance of any changes to these terms.

 

Severance

If any provision of this Agreement is found unenforceable, illegal or invalid, it shall not affect any other provisions of this Agreement.

 

Complete Understanding

This Agreement supersedes any prior agreement, communication, or representations between you and Contractista and constitute a complete and final agreement regarding your participation in the Contractista Affiliate Program.