Friends Of Sundays Referral Program
Effective Date: Upon participation in the Friends of Sundays Referral Program
This Affiliate Partner Agreement ("Agreement") is entered into by and between Altitude, Inc. ("Sundays," "Company," "we," "us," or "our"). By participating in the program, using Affiliate Link, or referring customers to Sundays, you ("Affiliate," "You," or "your") agree to be bound by these terms and conditions.
1. Definitions
"Affiliate Link" means the unique tracking URL provided to you by the Company to track Qualified Referrals.
"Commission" means the payment due to Affiliate for Qualified Referrals as outlined in Section 4.
"Qualified Referral" means a new customer who (i) clicks through your Affiliate Link, (ii) completes a purchase within the Cookie Window, and (iii) does not cancel or request a refund within 30 days.
"Cookie Window" means the 30-day period following a potential customer's click on your Affiliate Link during which a purchase will be attributed to you.
2. Participation and Scope
Subject to these terms, Company allows Affiliate as a non-exclusive affiliate partner to promote Company's products and services. This appointment does not create an employment, partnership, joint venture, or agency relationship between the parties. Affiliate is an independent contractor and shall have no authority to bind Company or make commitments on Company's behalf.
3. Affiliate Obligations
3.1 Promotional Activities
Affiliate agrees to:
3.2 Prohibited Activities
Affiliate shall NOT:
4. Commission Structure and Payment
As a Friends of Sundays affiliate partner, you are eligible for the following commission structure
Referral Type: Friends of Sundays
Commission Rate: 5% of first month purchase of any service
Payment Terms: Net 60 days
Customers referred through your Affiliate Link will receive a 10% discount on their first month of service.
Commissions are calculated after any refunds, chargebacks, or cancellations. Minimum payout threshold is $25 USD. Payments are made via PayPal, Wise, or credit towards the Affiliate's Sundays subscription. Affiliate is responsible for all applicable taxes on commission payments.
Commission rates are subject to change and will be communicated in writing. Company may offer Affiliate opportunities to opt into alternative rate structures in the future.
5. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Company be liable to Affiliate for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or related to this Agreement, regardless of the theory of liability, even if Company has been advised of the possibility of such damages.
Company's total cumulative liability under this Agreement shall not exceed the total commissions paid to Affiliate in the twelve (12) months preceding the claim.
6. Indemnification
Affiliate agrees to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
7. Intellectual Property
Company grants Affiliate a limited, non-exclusive, non-transferable, revocable license to use Company's trademarks, logos, and approved marketing materials solely for the purpose of promoting Company's products under this Agreement. All intellectual property rights in Company's materials remain the exclusive property of Company. Affiliate shall not modify, alter, or create derivative works from Company's intellectual property without prior written consent.
8. Term and Termination
This Agreement is effective upon electronic signature and continues until terminated. Either party may terminate this Agreement at any time with 30 days' written notice. Company may terminate immediately upon Affiliate's material breach. Upon termination:
9. Disclaimer of Warranties
COMPANY PROVIDES THE AFFILIATE PROGRAM AND ALL RELATED MATERIALS ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE AFFILIATE PROGRAM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
10. General Provisions
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.
Dispute Resolution: Any disputes arising under this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.
Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements relating to this subject matter.
Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.
Modification: Company reserves the right to modify this Agreement with 30 days' notice. Continued participation in the program after such notice constitutes acceptance of the modified terms.
Assignment: Affiliate may not assign or transfer this Agreement without Company's prior written consent. Company may assign this Agreement without restriction.
Waiver: Failure by either party to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.