NotFoundBot Affiliate Program Terms of Service

Effective Date: July 3, 2024

Welcome to the NotFoundBot Affiliate Program (the “Program”). These Terms of Service (“Agreement”) govern your participation in the Program. By participating in the Program, you agree to comply with these terms and conditions.

1. Enrollment in the Program

To enroll in the Program, you must:

  1. Create an account by signing up and logging in.
  2. Complete the registration process and agree to this Agreement.
  3. Be approved by NotFoundBot.
  4. Provide valid payment account details for receiving payment.

Company reserves the right to re-evaluate your registration at any time and to terminate this Agreement and your participation in the Program at any time with or without notice.

2. Eligibility

By participating in the Program, you warrant that you are not a resident of any country currently under sanction by the Office of Foreign Assets Control (“OFAC”). A current list of sanctioned countries can be found at OFAC Sanctions Programs and Country Information. Participation as a resident of a sanctioned country is prohibited. You further agree to comply with applicable OFAC restrictions and the laws of your local jurisdiction.

3. Program Restrictions

Compliance with Law

You represent and warrant that your participation in the Program, Your Website(s), and any advertising materials related to the Program will comply with all applicable laws, regulations, and guidelines, including but not limited to:

  • Federal Trade Commission’s endorsement disclosure requirements.
  • CAN-SPAM Act of 2003.
  • European Union’s Privacy and Electronic Communications Directive and GDPR.

General Restrictions

You will not:

  • Engage in cloaking or the use of redirects to bounce a link off of a domain from which the click did not originate.
  • Offer unauthorized discounts, coupons, free trials, promo codes, or any other promotional offer.
  • Engage in self-referrals.
  • Participate in fraudulent, abusive, or harmful behaviors.
  • Send marketing messages via SMS or text message.
  • Engage in cookie stuffing or include pop-ups or false or misleading links on Your Website.
  • Send unsolicited bulk-emails (spam).
  • Create advertisements on prohibited categories of sites and apps, including but not limited to adult content, hate speech, violence, illegal activities, gambling, or any content that violates intellectual property rights.
  • Engage in pay-per-click (“PPC”) trademark bidding without prior written permission.

4. FTC Disclosure Requirements

You must include a disclosure statement within any content where you include a Link or otherwise advertise or endorse the Site or Company in connection with the Program. This statement should clearly indicate that you are being compensated for your participation in the Program.

5. Affiliate URL and Code

Affiliates will be provided with a unique URL to promote and may use a dedicated affiliate code for client app installations. The URL will contain a special tracking code that will place a cookie on the user’s browser when they click on the affiliate link.

6. Cookie Policy

The cookie placed by the affiliate URL will be valid for a duration of 90 days from the user’s first visit via the affiliate link. If a user visits our web service again within this 90-day period via the same affiliate link, the cookie duration will reset for another 90 days from the most recent visit. The cookie will allow us to track purchases and other relevant activities made by the user during this 90-day period.

Only one affiliate will be credited for a sale or action, based on the most recent affiliate link clicked before the purchase or action occurs. If the visitor’s browser does not accept cookies, the affiliate may not receive credit for the referral.

7. Commission Structure

Commissions are based on net subscription recurring revenue, subtracting any fees that Shopify collects. Commission tiers are as follows:

  • 20%: First paying client up to $5,000 in net monthly subscription revenue.
  • 25%: $5,000 to $15,000 in net monthly subscription revenue.
  • 30%: Net monthly subscription revenue exceeding $15,000.

Commissions are for the lifetime of the client subscription. An affiliate client becomes eligible upon completion of a successful trial and Shopify charges the client for a subscription on behalf of our app.

8. Partner Dashboard

Affiliates will have access to a dashboard to view client details and transactions.

9. Refunds

Refunds will affect the net revenue of the commissions. If a refund is processed before payment, the refund value will decrease the payout. If processed after payment, the refund value will affect the next month’s balance.

10. Payment

Payments will be processed monthly within the first 5 days of the month. An affiliate account will be eligible for payment upon reaching a balance of $100 USD. Payments will be made via {systems}. An affiliate subscription payment is eligible for payment only when it has been remitted to NotFoundBot by Shopify. For example, if a customer starts a paid subscription on January 15th, and Shopify remits payment to NotFoundBot on February 15th, that payment would be eligible for payment on the payment period starting March 1.

11. Modifications

Company reserves the right to change, modify, or eliminate the Program and/or any portion of this Agreement at any time. Changes will be posted on our agreement website page and may be communicated via email. Continued participation in the Program after changes are posted constitutes acceptance of the changes.

12. Termination

Either party may terminate this Agreement at any time with written notice. Upon termination, you must cease all activities related to the Program and remove all Links and materials from Your Website(s). You will receive no additional Affiliate Fees after termination, except for fees currently processing as of the termination date.

13. Confidentiality

You will not disclose any nonpublic information disclosed by Company under this Agreement and will protect such information with the same degree of care as your own confidential information.

14. Intellectual Property

Affiliates are granted a non-exclusive, non-transferable license to use NotFoundBot’s logos, trademarks, and marketing materials solely for the purpose of promoting the Program.

15. Dispute Resolution

Any dispute arising out of or related to this Agreement will be resolved through binding arbitration, except for claims for injunctive or equitable relief regarding intellectual property rights. Notice of dispute and informal negotiation are prerequisites to arbitration.

16. Liability and Indemnification

The Program, Links, Site, and Licensed Materials are provided “as is” without warranties. Company disclaims all implied warranties and will not be liable for any indirect, incidental, consequential, or special damages. Company’s liability will not exceed the total Affiliate Fees paid to you during the 12-month period preceding the event giving rise to liability. You will indemnify and hold harmless Company against any third-party claims arising from your participation in the Program.

17. Data Privacy

You will respect the privacy of consumers and comply with applicable laws and best practices for data collection and use. You must not collect personal information without notice and consent and must not engage in scraping or automated data collection.

18. Prohibited Activities

In addition to the restrictions already mentioned, you must not:

  • Engage in activities that may harm the company’s reputation.
  • Use deceptive practices to attract referrals.
  • Violate third-party intellectual property rights.
  • Participate in activities that could damage the operation or reputation of the NotFoundBot service.

19. Miscellaneous

  • You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Website(s) or otherwise, that reasonably would contradict anything in this Section.
  • You may be required to complete a Form W-9 or W-8BEN as a condition of receiving your Affiliate Fees and will cooperate with all requests by Company to complete documentation in connection with your participation in the Program and to comply with applicable tax obligations.
  • Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
  • You acknowledge that we may at any time admit others into the Program and you have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than the terms set forth in this Agreement.
  • This Agreement represents the entire agreement between us and you with respect to the Program, and supersedes all prior agreements and communications of the parties, oral or written with respect thereto.
  • You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
  • This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements. If any provision of this Agreement is found to be invalid, the remaining provisions will continue in effect. This Agreement is governed by the laws of Wyoming, USA.