BY CLICKING THE “I ACCEPT” BOX DISPLAYED AS PART OF THE TAD SOFTWARE PARTNER APPLICATION PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE “MASTER AGREEMENT”) GOVERNING THE TAD SOFTWARE PARTNER PROGRAM (THE “PROGRAM”). UPON TAD SOFTWARE’S ACCEPTANCE OF YOUR APPLICATION TO BECOME A PARTNER (“PARTNER”), YOU AGREE THAT THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR ANY OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE DULY AUTHORIZED AND HAVE BEEN GIVEN ALL NECESSARY LEGAL AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT PARTICIPATE IN THE PROGRAM. THE “EFFECTIVE DATE” OF THIS AGREEMENT SHALL BE THE DATE THAT TAD SOFTWARE NOTIFIES YOU IN WRITING (SUCH WRITTEN NOTICE MAY BE VIA EMAIL) THAT YOU HAVE BEEN ACCEPTED INTO THE PROGRAM.
This Agreement governs Partner’s enrollment and participation in the TAD Software Partner Program. You represent that you have read and understand all of the provisions of this Agreement. You must accept this Agreement before you can participate in the Program. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement. You agree that this Agreement is the complete and exclusive statement of our Agreement relating to the Program and supersedes all prior agreements and other communications relating to the program.
This Program Addendum is effective January 15, 2015 or upon date of acceptance, whichever comes first, and incorporates the provisions of that separate TAD Software Master Partner Agreement previously or simultaneously executed by TAD Software and Affiliate.
Affiliate will earn a commission of 25% for each qualified referred sale (“Qualified Sale”).
A Qualified Sale means a sale to any new TAD Software customer:
- who pays in full or in part for an TAD Software Service Package (defined below) and first month’s Subscription (defined below), and
- who does not cancel the monthly Subscription for a minimum of 60 days from the date of initial purchase, and
- to which Affiliate was assigned as last referring partner (see section (k) Partner Assignments below).
Additional Terms Applicable to Affiliate Program
- All commissions are paid in US Dollars. Affiliate can choose to receive commissions either by check, through PayPal, or through ACH direct deposit to an account of their choice. TAD Software is not responsible for any fees charged to Affiliate by PayPal or any other third party company in the processing of said payment.
- Commissions will be paid by the 10th of the month following each month in which a customer pays, in full or in part, for a Service Package. Should the 10th of the month fall on a weekend or US holiday, commissions will be paid the next business day following the weekend or holiday.
- In such instances where a customer pays for a Service Package in multiple installments (e.g., two or three monthly installments), Affiliate’s commission will be similarly split and paid each month immediately following receipt of each installment and will be in proportion to the amount TAD Software receives towards the total purchase price of the Service Package.
- In the event (i) a Service Package fee is refunded back to a customer or (ii) a customer cancels the monthly Subscription before 60 days have elapsed from the date of initial purchase, TAD Software may claw back the associated commission paid to Affiliate. Any resulting amounts owed to TAD Software by Affiliate may, in TAD Software’s sole discretion, be deducted from the balance of any commissions earned by Affiliate that are unpaid as of the date TAD Software claws back the commission associated with the cancelled Service Package or monthly Subscription. Alternatively, TAD Software may, in its sole discretion, invoice Affiliate for any commission TAD Software paid Affiliate which was associated with a cancelled Service Package or monthly Subscription and Affiliate agrees to pay such invoice promptly.
- In the event a commission is paid to Affiliate in error, TAD Software reserves the right to claw back such commission for a period of up to 90 days from the sale date (the “Error Claw Back Period”). Any resulting amount owed to TAD Software by Affiliate may, in TAD Software’s sole discretion, be deducted from commissions earned by Affiliate that are unpaid as of the date TAD Software claws back the commission paid in error. If no commissions are owed by TAD Software to Affiliate during the Error Claw Back Period, TAD Software may invoice Affiliate for the commission paid in error before the expiration of the Error Claw Back Period and Affiliate agrees to pay such invoice promptly notwithstanding the expiration of the Error Claw Back Period. In addition, TAD Software may, in its sole discretion, deduct any commission paid in error from commissions earned by Affiliate after the expiration of the Error Claw Back Period so long as TAD Software has invoiced Affiliate for the commission paid in error before the expiration of the Error Claw Back Period.
- TAD Software will have the sole right and responsibility for processing all orders placed by a customer, and Affiliate acknowledges that all agreements relating to sales of TAD Software solutions to a customer shall be between TAD Software and the customer.
- TAD Software reserves the right to withhold or reverse commissions if Affiliate is in breach of the Master Partner Agreement or this Program Addendum, or has engaged in any fraudulent activity, including, but not limited to, cookie stuffing, cloaking, or forcing pop-ups.
- TAD Software reserves the right to adjust the terms of this Program Addendum at any time and will notify Affiliate via email with at least 30 days’ notice.
- Acceptable Methods to Refer Leads
- Affiliates may refer leads through their unique tracking links.
- Affiliates may register leads at https://www.fflboss.com/leadregistration.
- TAD Software will pay a commission to Affiliate only when a customer is referred through either of these two acceptable methods.
- Cookie and Lead Registration Length
- A click on Affiliate’s tracking links will set Affiliate as latest referring partner and will set cookies that expire after 120 days, after which time Affiliate’s latest referring partner status will expire.
- Lead registration will set Affiliate as latest referring partner for 120 days after which time Affiliate’s latest referring partner status will expire.
- Leads may be re-registered in order to avoid expiration. TAD Software will not be liable to pay Affiliate a commission for leads that have expired.
- Partner Assignments
- If, at the time an TAD Software partner registers a lead (either through the lead registration process or through a tracking link click), the lead already exists in the TAD Software database, the most recent lead registration or unique tracking link click will assign the TAD Software partner associated with such lead registration or unique tracking link as the latest referring partner for a period up to 120 days after which time the latest referring partner status expires.
- Affiliate is not eligible for assignment as latest referring partner on any TAD Software sale for which Affiliate uses its own credit card to make a purchase from TAD Software.
- Affiliate may request an audit of the latest referring partner up to 90 days after the date of sale. If an audit reveals another TAD Software partner is the actual latest referring partner, TAD Software reserves the right to make the correction. If another TAD Software partner requests an audit that results in a determination that Affiliate was incorrectly treated as the latest referring partner, Affiliate agrees to reimburse TAD Software for the commission paid in error in accordance with Section (e) above. After 90 days from the date of sale, no changes to the latest referring partner will be accepted.
- All sales are subject to an audit of latest referring partner.
- Commissionable Items
- The “Service Packages”, which are currently comprised of the TAD Lite, TAD Basic, TAD Plus and TAD Pro, are the only commissionable items. TAD Software may add additional service packages as commissionable items at any time.
- TAD Software will pay commissions for multiple Service Packages purchased by the same customer within the first 90 days of the customer’s first Service Package purchase. If a customer buys an additional Service Package after their first 90 days as an TAD Software customer, Affiliate will not earn commissions on that Service Package.
- Commissionable items do NOT include recurring subscription fees.
- Commissionable items do NOT include extra users or add-on products and services.
- Commissionable items do NOT include service fees paid by a customer that has previously cancelled their Subscription and reactivates their Subscription within 90 days from the date of cancellation.