Last Updated: September 2024
THIS AGREEMENT CONTAINS A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY, INCLUDING THE DISPUTE RESOLUTION SECTION BELOW, BEFORE PARTICIPATING IN THE PROGRAM (AS DEFINED BELOW).
This Affiliate Agreement constitutes the provisions herein, the MyDoneSystem.com Terms of Service, and the MyDoneSystem.com Privacy Policy, both of which are incorporated herein by reference (collectively the “Agreement”). The Agreement governs your activity, application to join, and any subsequent participation in MyDoneSystem.com's Affiliate program (the “Program”). By accepting the Agreement, or by participating in the Program, you (“Affiliate,” “You” or “you”) agree to be bound by the terms thereof and agree that this is a binding legal agreement between You and MyDoneSystem.com (“MyDoneSystem,” “we,” or “us”). If You are or represent a business entity, you represent and warrant that you have the authority to bind that entity to this Agreement. MyDoneSystem reserves the right to modify the Agreement at any time. Your continued participation in the Program shall be deemed acceptance of any new versions of the Agreement. Affiliates are responsible for ensuring their employees, agents, and representatives comply with this Agreement. Any breach of the Agreement by an employee, agent, or representative acting on your behalf shall be deemed a breach by you.
SECTION 1: PROGRAM APPLICATION
You agree to provide all information reasonably requested by MyDoneSystem in connection with Your Program application, and You represent and warrant that all information provided is truthful and accurate. You understand and agree that MyDoneSystem retains sole and exclusive discretion to determine whether You qualify for participation in the Program. MyDoneSystem reserves the right to change its criteria for the Program at any time, for any reason. You expressly consent to be contacted about your application and the Program via the email address and phone number you provide in your application.
SECTION 2: PROGRAM RULES
You represent and warrant that, when participating in the Program, you will comply with the following Program rules (“Rules”), and, if MyDoneSystem determines, in its sole discretion, that you are not in compliance with any of the Rules, you will be considered in material breach of this Agreement, and MyDoneSystem may (in its sole discretion), in addition to seeking any other available remedies in law and equity, terminate this Agreement and Your participation in the Program immediately (which may include, without limitation, forfeiture of earned commissions) without liability.
a. Code of Conduct
You must adhere to the Code of Conduct set forth in Exhibit A.
b. Compliance with Laws/Terms
You agree to abide by (i) the terms of this Agreement, (ii) all applicable laws, statutes, regulations, codes, and guidelines (including without limitation the FTC Endorsement Guides), and (iii) all third-party terms and conditions.
c. Disclosure Requirements
You must follow MyDoneSystem’s Disclosure Requirements, set forth in Exhibit B.
SECTION 3: COMPENSATION
Upon acceptance into the Program, You will receive a unique Affiliate ID. This Affiliate ID will be incorporated into the URL that You use to advertise MyDoneSystem (hereinafter, “Affiliate Link”). You may earn commissions for each sale (“Sale”) that is registered using your Affiliate ID. MyDoneSystem reserves full discretion to determine eligibility for commissions.
Affiliates are only eligible to earn commissions if they are current, active members of MyDoneSystem at the time of payout.
Commission Rates:
SILVER Plan : 10% per sale
GOLD Plan : 20% per sale
A Sale is determined to have occurred if a new user (“Prospect”) (i) purchases MyDoneSystem Products via an Affiliate Link from one of your authorized channels, and (ii) clicks the Affiliate Link to MyDoneSystem and completes a purchase, provided it was the last Affiliate Link clicked within 90 days. All determinations of whether a Sale occurred and whether a Commission is payable will be made by MyDoneSystem in its sole discretion.
A Commission is earned only if (i) Affiliate has maintained a usable account with a third-party payment provider to receive Commission payments, (ii) the account of the Prospect has remained in good status for at least forty-five (45) days after the Sale, and (iii) the Affiliate is an active, current member of MyDoneSystem at the time of payout.
Payouts:
Commissions will be paid on the 15th of each month, subject to the terms of this Agreement. If the 15th falls on a holiday or weekend, payouts will typically occur on the following business day.
Minimum payout threshold is $30.00 USD.
SECTION 4: INTELLECTUAL PROPERTY RIGHTS & MEDIA RELEASE
MyDoneSystem may provide you with certain intellectual property, resources, or materials to be used solely in connection with the Program (“MyDoneSystem Materials”). MyDoneSystem retains full ownership of these materials, and you agree that all your use of the MyDoneSystem Materials, including trademarks, will inure to the benefit of MyDoneSystem.
You grant MyDoneSystem a non-exclusive, royalty-free license to use any content or materials published or distributed by you in connection with MyDoneSystem for lawful purposes such as marketing, highlighting achievements, etc.
SECTION 5: TERM AND TERMINATION
The term of this Agreement begins upon your acceptance and continues until terminated by either party. You or MyDoneSystem may terminate the Agreement at any time, with or without cause, by giving thirty (30) days' written notice. If MyDoneSystem determines that you have violated any provision of the Agreement, it may terminate the Agreement immediately without further liability, and any earned Commissions may be forfeited.
SECTION 6: INDEPENDENT CONTRACTOR
Affiliates are independent contractors of MyDoneSystem. There is no employee/employer or principal/agent relationship. You are solely responsible for your own actions and any taxes related to your participation in the Program.
SECTION 7: LIMITATION OF LIABILITY
MyDoneSystem will not be liable for any indirect, special, incidental, or consequential damages related to this Agreement. The total liability to you for any claim shall not exceed the total Commissions paid to you by MyDoneSystem in the preceding month or $1,500, whichever is less.
SECTION 8: DISPUTE RESOLUTION AND CLASS ACTION WAIVER
Any disputes related to this Program will be governed by the laws of [State], USA. Any claim under this Agreement must be brought individually and not as part of a class action.
SECTION 9: CONFIDENTIALITY AND PRIVACY
You agree to maintain the confidentiality of all information shared between you and MyDoneSystem and comply with all privacy laws and policies.
Exhibit A: Code of Conduct
Affiliates must represent MyDoneSystem truthfully.
No misleading claims or unsubstantiated guarantees.
Affiliates are prohibited from making any claims about MyDoneSystem being a “get-rich-quick” scheme or similar.
Affiliates must comply with all legal and ethical standards when promoting MyDoneSystem.
Exhibit B: Disclosure Requirements
Affiliates must disclose any material connections to MyDoneSystem in compliance with FTC guidelines. Disclosures should be clear and conspicuous, such as using “#ad” or “Sponsored by MyDoneSystem".
SECTION 10: By accepting this Referral Program, you agree that you have read and understood these Terms and agree to be bound by them.
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