Affiliate Agreement

Affiliate Agreement

Please review the terms & condition below, which are designed with you in mind, as well as to protect Plottr and our customers. Thanks for your interest!

PLEASE READ THE TERMS AND CONDITIONS (“TERMS”) CAREFULLY. THESE TERMS WILL GOVERN YOUR AGREEMENT WITH BOOK BROS LLC (“COMPANY” OR “US”) AND YOU AND/OR THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU”). IF YOU AGREE TO BE BOUND BY THE TERMS, PLEASE CLICK “I ACCEPT.” UPON YOUR ACCEPTANCE OF THESE TERMS, YOU MAY APPLY TO BECOME AN AFFILIATED MARKETING ASSOCIATE OF COMPANY (“AFFILIATE”).

REGISTRATION

In order to register and participate in the Plottr affiliate marketing program (“Program”). You must submit a complete, valid and accurate application for the Program.

You may use only one account for the Program unless otherwise approved for a second account by Company. Each company or individual must have approval from Company before becoming an Affiliate. Company reserves the right in its sole and exclusive discretion to withhold or refuse approval for any company or individual to become an Affiliate. Your application may be rejected for any reason, including without limitation, any of the following:

PLOTTR PROGRAM

If you are approved as an Affiliate, you will earn commissions pursuant to the COMMISSION section, below. As an Affiliate, you will be given a unique referral ID that you can use to promote Plottr via referral links. You will be able to access a private Affiliate Area on the Plottr website, which will provide you with referral statistics, sharable social media posts, promotional graphics, and other content for Affiliates.

PROGRAM ELIGIBILITY

In order to be approved as an Affiliate, You must meet all of the following criteria.

  1. You must be an active customer of Company and active user of the Plottr platform, with an active user license, unless otherwise stated.
  2. Your Site must be a content-based, fully functional website, not simply a list of links or advertisements;
  3. Your Site must receive a minimum of 500 unique page views per month, on average over a twelve month period, as evidenced by documentary records, website analytics, or other evidence acceptable to Company;
  4. Your Site address must be a top-level domain name and are abiding by its rules; and
  5. Your Site, use of the Plottr website, and participation in the Program does not violate a basis listed in the LIMITATIONS ON USE section, detailed below.

RECEIPT OF INFORMATION

You acknowledge that, by participating in the Program, Company may receive information from or about visitors to Your Site or communications between Your Site and those visitors. Your participation in the Program constitutes your specific and unconditional consent to and authorization for Company’ access to, receipt, storage, use, and disclosure of any and all such information, consistent with the policies and procedures set forth in Company’ privacy notice as posted on the Plottr Site and as may be amended from time to time in the sole discretion of Company. It is your responsibility to ensure that the privacy policy posted on Your Site conforms to this arrangement and specifically permits use of information required in order for users referred by You to participate in the Program.

COMMISSION

A commission payment is generated and due to the Affiliate whenever a customer purchases the Plottr desktop app using your referral link (“Commission”). Commission shall be in the amount of 20% of the net amount paid by the customer for the Plottr app, unless otherwise stated.

Commission is payable 30 days after receipt of actual payment from the customer. Commission will not accrue on amounts due to Company from a customer, but not actually paid. Commission will not accrue on purchases where Affiliate is the customer.

To be payable as Commission in any given month, the total payment due to Affiliate must not be less than $25.00, otherwise the Commission payment shall be withheld until the $25.00 minimum is reached. International Affiliates (located outside the United States) are subject to a minimum $50.00 Commission due and payable prior to any release of funds.

Commission shall be paid solely in USD and remitted to the PayPal account as per account information provided by Affiliate to Company.

If You violate these the Terms, Company reserves the right to withhold payment and take appropriate legal action. If You fraudulently generate one or more customer purchases (as determined solely by Company), You shall forfeit Your entire Commission and Your account will be terminated. Company reserves the right to conduct an investigation in its sole and exclusive discretion. In the event Company conducts an investigation, You shall be required to prove, through documentation or other reliable evidence, to Company that You are not committing fraud, and Company will withhold Your Commission. Company may flag accounts for investigation purposes and withhold Commission under any of the following circumstances, when Company reasonably believes any of the following:

  1. If an individual, you are not at least 18 years of age. If a company, you are not in good standing in the state of your incorporation or formation.
  2. You did not provide complete or accurate information on your application.
  3. Company was unable to reach you to verify your application information.
  4. You did not respond to requests for additional information within 7 days.
  5. You used an invalid email address. Company does not accept as valid any e-mail address that reflects an account with a free/anonymous e-mail provider, including, but not limited to the following providers: Hotmail, and Yahoo.
  6. Company determined, in its sole discretion, that your methods of doing business or promoting products are unsuitable for a Plottr Affiliate. Reasons for such determinations may include, without limitation, failure to comply with local or national laws, posting of false or materially misleading advertising, dissemination of any bulk e-mails, violation of the CAN-SPAM Act, violation of its e-mail solicitation policy, or failure to protect consumer or user privacy.
  7. Company determined, in its sole discretion, not to conduct business with companies or individuals having places of business in your country of origin or primary place of business, the country of origin of your website (“Your Site”), any third party social media or other site used by You, or the country in which you reside.
  8. Company determined, in its sole discretion, that You or Your Site were not suitable as an Affiliate. Reasons for such determinations may include, without restriction, any basis listed in the LIMITATIONS ON USE section, detailed below.
  9. Company determined, in its sole discretion, that You or Your Site did not meet the criteria listed in the PROGRAM ELIGIBILITY section, detailed below.

Commission tracking relies on browser cookies, generated when a potential customer clicks on Your referral link and is stored for 60 days. As such, Commission will not accrue in instances where a potential customer uses a browser other than the one that contains the cookie generated by the customer clicking on your referral link, where the customer purchases the Plottr desktop app more than 60 days after generation of such cookie, or where such cookies otherwise expires or is deleted.

LIMITATIONS ON USE

You agree that You shall not:

  1. Post content on Your Site, or transmit, redirect, traffic, or communicate any data that contains anything objectionable to Company, including, but not limited to:

    (a) Changes to any terms or conditions of Plottr;
    (b) Language or content that is vulgar, threatening, abusive, harassing, defamatory, hateful, or racially, ethnically or otherwise objectionable;
    (c) References to adult content or material, sexually explicit images or similar content;
    (d) The promotion of illegal substances or activities.

     

  1.  
  2. Engaging in any activities considered by Company, in its sole discretion, as “spam” or “trolling” of others or otherwise engaging in violation of internet etiquette or best practices or the rules of any applicable social media or third party advertising platform;
  3. Offer incentives to users to click on ads or any promotions, including, but not limited to, awarding them cash, points, prizes, and contest entries;
  4. Place competitors’ advertisements on Your Site, unless expressly approved by Company in writing;
  5. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  6. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other users;
  7. Transmit, access or communicate any data that infringes any patent, trade secret, copyright, trademark or other personal, privacy or proprietary rights of any party;
  8. viii.Transmit or communicate any data that contains viruses, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. Obtain or accumulate personal information about individual users or collect or store personal data about other users in violation of applicable privacy policies or applicable laws or regulations;
  10. Modify, delete or damage any information contained on the personal computer of any user;
  11. Intentionally or unintentionally violate any applicable local, state, federal or international law and any regulations, requirements, procedures or policies in force from time to time, including without limitation, laws and regulations governing the dissemination of e-mails;
  12. Spawn process pop-ups and exit pop-ups on Your Site;
  13. Take control of a user’s computer (including any tablet computer) by delivering advertisements that a user of a computer cannot close without turning off the computer or closing all sessions of the browser for the computer or the application then running;
  14. Install or execute on another’s computer one or more additional software program(s) without express consent of the user, and if such consent is given, You must clearly provide instructions to disable the software, such that the software is easily identifiable and the removal can be performed by a computer user, without substantial effort or technical knowledge;
  15. Remove any trademarks, logos or other identifying information from the advertisements or banners as provided by Company, or use any advertising or promotional materials that may dilute, blur, tarnish or infringe the trademark for a Company Program, if any;
  16. Use the Program in any manner that in Company’ reasonable judgment, adversely affects the performance or function of the Program or interferes with the ability of authorized parties to access the Program or benefit from it;
  17. Use any deceptive, deceiving or misleading practices to induce users to sign up for an offer that is made available under the Program;
  18. Read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us;
  19. In any way modify, redirect, suppress, or substitute the operation of any feature of the Plottr website;
  20. Make any orders or subscription requests, or engage in other transactions of any kind on the Company website on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so; or
  21. Take any action that could reasonably cause any customer confusion as to Company’ relationship with You, or as to the website on which any functions or transactions (e.g., download, search, order, and so on) are occurring;

If Company determines, in its sole discretion, that you have engaged in any of the foregoing activities, Company may (without limiting any other rights or remedies) terminate this Agreement, disable your Affiliate account and withhold any Commission otherwise payable to you under this Agreement.

REFUNDED PURCHASES

Referrals older than 30 days and in good standing (i.e. the purchase has not been refunded) will be included with each commission payout (if the commission balance totals $50.00 or over). If a purchase is refunded, a commission won’t be paid out for that referral.

LICENSES AND PROPRIETARY RIGHTS

  1. License: Company grants to You a non-transferable, nonexclusive, revocable license, for the term of this Agreement and only on and within Your Site: (i) to copy, use, publicly display and transmit the graphic images and banner and other advertisements displaying the trademarks of Company and/or Plottr in connection with your performance of this Agreement; and (ii) to establish a referral link from Your Site to the Plottr Site.
  2. Marks: Without conveying any right, title or interest, Company and the Affiliate hereby agree that either party may make accurate informational references to the other party’s trade names, trademarks or service marks (collectively “Marks”) in connection with performance of this Agreement, including without limitation, references in promotional materials, notices, and advertisements for the Plottr Site and Your Site (collectively “Sites”), subject to the condition that Company and Affiliate shall promptly cease any use of any Mark and terminate the link to the Site of the other party upon: (i) termination or expiration of this Agreement for any reason; or (ii) receipt of notice from the other party of abandonment of or dispute relating to any such Mark (except that neither party shall be required to alter any materials first published prior to the date of receipt of such notice). In the event that either party makes references to the other party’s Marks that are inaccurate or otherwise incorrect, then the owner of that Mark may notify the other party of the necessary correction(s), and the party receiving such notice shall implement such corrections as soon as reasonably practicable.
  3. Reservation of Rights: Company reserves all of its rights in the Plottr Site, its icons, graphic images and text, any other images, its trade names and trademarks, and all other intellectual property rights. No Affiliate may modify any graphic image or text, or any other of Company’s images, in any way.

WARRANTY AND REPRESENTATION

You represent and warrant that:

  1. You are authorized to enter into the Terms with Company and have the technical capability to successfully meet the requirements of the Agreement.
  2. You shall only run Plottr advertisements and text approved by Company and shall not create Your own banners or advertising text relating to the Plottr Site, unless expressly approved in writing by Company. You shall not edit or revise any such advertisement or text.
  3. You shall not edit Company’s images. You shall only use approved banners and text to link to Company’s sign-up pages.
  4. All content, products, and services on Your Site are legal and that You own or have the legal right to use any and all material on website and that Your Site does not infringe any third-party intellectual property rights.
  5. You shall abide by all the provisions of these Terms.
  6. You shall at all times comply with, all local, state, national and international laws, statutes, rules, regulations, ordinances and the like applicable to Your participation in the Program.

TERMINATION

You understand that:

Company reserves the right to terminate any Affiliate’s contract for any reason whatsoever in its sole and exclusive discretion. Termination notices will be sent via e-mail and will be effective immediately. Except for breach of any of the Terms, upon termination, all moneys due to Affiliate will be paid during the next billing cycle and Company may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from Your Site, all links to the Plottr Site, and all Company’s trademarks, trade dress and logos, and all other materials provided by or on behalf of Company to You in connection with the Program.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND COMPANY, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES (COLLECTIVELY, “INDEMNITEES”), AGAINST ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS, ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY ANY INDEMNITEES, DUE TO YOUR BREACH OF THE TERMS OR ARISING OUT OF YOUR ACTIONS, FAILURE TO ACT, OR DATA YOU SUBMIT, POST TO, TRANSMIT OR COMMUNICATE THROUGH THE PROGRAM, YOUR USE OR MISUSE OF THE PROGRAM, YOUR VIOLATION OF THE TERMS OF THIS AGREEMENT, YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, OR VIOLATIONS OF ANT-SPAM LAWS AND REGULATIONS, INCLUDING WITHOUT LIMITATION, THE CAN-SPAM ACT.

DISCLAIMER OF WARRANTY

THE PROGRAM AND ITS CONTENT ARE PROVIDED “AS IS”. COMPANY, ITS AFFILIATES, LICENSORS, ADVERTISERS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND YOUR ABILITY OR INABILITY TO USE PROGRAM, WEBSITE AND ITS CONTENT. COMPANY, ITS AFFILIATES, LICENSORS, ADVERTISERS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, RESULTS OBTAINED, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE PROGRAM OR WEBSITE. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY COMPANY IN THE TERMS. USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE PROGRAM, CONTENT, RESULTS OBTAINED, INFORMATION OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL COMPANY LIABILITY EXCEED THE COMMISSION PAID TO YOU IN A TWELVE MONTH PERIOD.

INTERNATIONAL USE/EXPORT CONTROLS

Recognizing the global nature of the Internet, You agree to comply with all local rules regarding on-line conduct and acceptable data. Specifically, You agree to comply with all applicable laws regarding privacy, copyright and the transmission of technical data exported from the country in which You reside or from which user data is collected.

GOVERNING LAW

These terms and conditions are governed by the laws of the State of Utah, U.S.A., excluding the application of its conflict of law rules.

ARBITRATION

Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the State of Utah, Salt Lake County, in English. Within 15 days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within 10 days of their appointment.  If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association.  Consistent with the expedited nature of arbitration, each party will, upon the written request of the other party, promptly provide the other with copies of documents relevant to the issues raised by any claim or counterclaim.  Any dispute regarding discovery, or the relevance or scope thereof, shall be determined by the chair of the arbitration panel, which determination shall be conclusive.  Any demand for arbitration must be filed within one (1) year after such dispute, claim or cause of action arose or shall be forever barred, regardless of any law or regulation to the contrary.  The arbitrators shall not award consequential or punitive damages in any arbitration initiated under this section.  Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

INTELLECTUAL PROPERTY

Plottr names, logos, graphics and other related properties are trademarks of Company. All other trademarks appearing on the advertisement are trademarks of their respective owners.

SEVERABILITY

If any provision of this agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected thereby.

ASSIGNMENT

You may not assign your rights, duties or obligations under this Agreement to any person or entity, in whole or in part without the prior written consent of Company. Each prospective Affiliate must register separately.

WAIVER

No waiver of any provision hereof or of any right or remedy hereunder shall be effective unless in writing and signed by the party against whom such waiver is sought to be enforced.  No delay in exercising, no course of dealing with respect to, or no partial exercise of any right or remedy hereunder shall constitute a waiver of any other right or remedy, or future exercise thereof.

INDEPENDENT CONTRACTORS

The parties and their respective personnel, are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.

MODIFICATIONS

Company reserves the right to change or modify any provision of these Terms at any time in its sole and exclusive discretion. Notice of changes shall be sent to Affiliates by e-mail, and Affiliates are responsible for complying with any and all changes within 10 calendar days from the date of change. If the change is not acceptable to Affiliate, Affiliate shall promptly notify Company of its intention to terminate its agreement with Company. Affiliates failure to notify Company to terminate the agreement within 10 calendar days from the date of change shall constitute acceptance of the changes.

ENTIRE AGREEMENT

Except as expressly provided in a separate license, service or other written agreement between You and Company, these Terms constitute the entire agreement between You and Company with respect to the use of the Program, Website, its Content, any software or service, information, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.

ELECTRONIC SIGNATURES AND AGREEMENTS

You acknowledge and agree that by clicking on the button labeled “I Agree” or such similar links as may be designated by Company to accept the Terms, You are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute Your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SOFTWARE OR SERVICES OFFERED BY COMPANY. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

VOID WHERE PROHIBITED BY LAW

This Agreement is null, void and of no effect if the transactions contemplated in this Agreement  are prohibited by law or regulation, or if the Affiliate is an individual who is not at least 18 years or age or otherwise lacks the legal capacity to enter into a binding contract.

If you have any questions, in connection with the Terms, please write to the following address:

Contact:

GetPlottr.com

Fictional Devices, LLC

ATTN: Cameron Sutter

313 S 2000 E

Spanish Fork, UT 84660

[email protected]