Last Updated: June 29, 2022
As an authorized Referral Partner (RP) of MyFormData, LLC (MyFormData), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting MyFormData as a Referral Partner.
Your participation in the Program is solely to legally advertise our website to receive a referral fee (commission) on memberships and services purchased by individuals referred to MyFormData by your own website or personal referrals.
BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE REFERRAL PARTNER PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND THE MYFORMDATA TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
1. Approval or Rejection of the Application
We reserve the right to approve or reject ANY Referral Partner Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Referral Partner Program Application.
2. Referral Fees and Payments
The Referral Fee is 20% (twenty percent) of the revenue that the Referred Client generates for MyFormData.
Commissions will be paid once a month. For an RP to receive a commission, the referred account must remain active for a minimum of 37 days past the trial period.
If the accrued Referral Fee is or exceeds $50, the accrued Referral Fee will be paid to the Referral Partner by approximately the 15th of the month following the end of each month via PayPal. If the accrued Referral Fee is less than $50, the Referral Fee will be further accumulated by MyFormData until the accrued Referral Fee reaches at least $50.
MyFormData may withhold payments of Referral Fee for a reasonable time to ensure that all Client Agreements are valid and payments from Referred Clients are legitimate as determined by MyFormData in its sole discretion. In addition, Referred Client payments for annual subscriptions that are cancelled or payments charged-back due to credit card fraud do not qualify for Referral Fee.
You cannot refer yourself, and you will not receive a commission on your own accounts. There is also a limit of one commission per referral. If someone clicks the link on your site and orders multiple accounts, then you will receive a commission on the first order only.
Commissions will accrue and only become payable once the RP provides all relevant tax, address documentation, and payment information. It is solely your responsibility to provide MyFormData with accurate tax and payment information that is necessary to issue payment for a Referral Fee to you. If MyFormData does not receive the necessary tax or payment information within ninety (90) days of a Qualified Purchase which would otherwise trigger Referral Fees, the applicable commissions shall not accrue and no Referral Fees will be owed with respect to such Qualified Purchase.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
If the Referred Client signs up for MyFormData services by going to MyFormData’s website directly, such Referred Client will not be associated with the RP who referred it to MyFormData, and therefore the RP will earn no Referral Fee.
Referred Client will not be associated with the RP and therefore the RP will earn no Referral Fee using the cookie-based tracking method if: a. Cookie Period expires; b. the Client signs up for MyFormData services within another web browser in which the cookie was not activated prior to the signup; c. the Client signs up for MyFormData services after clearing cache in the web browser in which the cookie was activated.
All RP Fee payments will be payable in United States Dollars only, except as otherwise determined by MyFormData in its sole discretion.
Referrals will become void, and any unpaid RP Fees will be forfeited, after 12 calendar months.
MyFormData reserves the right to change the mechanism it uses to create and track Referrals at any time. RP’s continued participation in the Program after any such changes shall constitute your consent to such changes.
Your Referral Partner application and status in the Program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the RP relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Violation of intellectual property rights. MyFormData reserves the right to require license agreements from those who employ trademarks of MyFormData in order to protect our intellectual property rights.
- Offering rebates, coupons, or other form of promised kick-backs from your RP commission as an incentive. Adding bonuses or bundling other products with MyFormData, however, is acceptable.
- Creating more than one RP account.
- Taking actions or make recommendations to your referrals that result in a potential revenue loss for MyFormData.
- Copy, alter or modify any icons, buttons, banners, graphics, files or content contained in MyFormData Links, including but not limited to removing or altering any copyright or trademark notices, without prior written approval from us.
- Engage in any blackhat seo/spam link building techniques in order to generate more referrals for MyFormData.
- Post ads on offensive, illegal, hateful, pornographic, or otherwise distasteful websites.
- Violating any applicable law.
- Using traffic generated by pay to read, pay to click, banner exchanges, click exchanges, PPV advertising, pop-up/under, or similar methods.
- Using iframes or any other techniques or technology that places your RP tracking cookie by any means other than an actual click-through;
- Using link cloaking or masking techniques or technology with the goal to promote MyFormData on websites and/or networks not explicitly listed in your RP profile and hiding that traffic source.
- Your domain name(s), company name, logo, trademark, product(s), project(s), service(s) must NOT contain keywords and phrases containing the “MyFormData” trademark or any other variations or misspellings confusingly similar to MyFormData trademark, name, logo or domain name, without our prior approval.
- Self referrals, fraudulent transactions, suspected RP fraud.
In addition to the foregoing, MyFormData reserves the right to terminate any Referral Partner account at any time, for any violations of this Agreement or no reason.
MyFormData reserves the right to terminate the Referral Partner Agreement with immediate effect with any RP who MyFormData reasonably believes has violated this Agreement or applicable laws. Such violating RP shall not be entitled to any accrued by and unpaid Referral Fees.
4. Referral Partner Links
You may use graphic and text links both on your website and within in your email messages. You may also advertise the MyFormData site in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.
5. Coupon and Deal Sites
MyFormData occasionally offers coupons to select Referral Partners and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:
- RPs may not use misleading text on RP links, buttons or images to imply that anything besides currently authorized deals to the specific RP.
- RPs may not bid on MyFormData Coupons, MyFormData Discounts or other phrases implying coupons are available.
- RPs may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set RP cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
- User must be able to see coupon/deal/savings information and details before an RP cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
- RP sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. RPs with such text on the merchant landing page will be removed from the program immediately.
6. Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior written permission.
7. Limitation of Liability
MYFORMDATA WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE REFERRAL PARTNER PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT MAKE ANY EXPRESSED OR IMPLIED WARRANTIES WITH RESPECT TO THE PROGRAM AND/OR THE MEMBERSHIPS OR SERVICES SOLD BY MYFORMDATA. WE MAKE NO CLAIM THAT THE OPERATION OF THE PROGARM AND/OR OUR WEBSITE(S) WILL BE ERROR-FREE AND WE WILL NOT BE LIABLE FOR ANY INTERRUPTIONS OR ERRORS.
If RP’s use of Material provided under this Program results in the need for servicing, repair or correction of equipment, software or data, RP assumes all costs thereof. MyFormData’s maximum aggregate liability under or in connection with this Agreement and the Program, whether in contract, tort (including negligence) or otherwise (a “Claim”), shall be limited to a sum equal to the aggregate amount which MyFormData is obliged to pay RP in the one (1) month period immediately prior to the period giving rise to such Claim.
8. Relationship of Parties
RP and MyFormData are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 RP Site or otherwise, that contradicts anything in this section.
9. Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your RP account is terminated.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your RP account. Your continuing participation in the Program will constitute your acceptance of any change.
RP shall indemnify and hold harmless MyFormData and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by MyFormData to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of RP.
11. Personal Data
MyFormData is not obliged to share with RP any of the personal data of the Referred Clients (or any natural persons representing the Clients or providing services or work for them) who have concluded a Client Agreement with MyFormData.
If the RP wishes to keep personal data concerning Referred Clients for its own internal use, the RP must obtain prior consent from the respective Referred Clients directly (or any natural person representing the Clients or providing services or work for them).
MyFormData may make available to you a variety of sales and marketing materials such as logos, brochures, banners, photos, etc. (hereinafter “Materials”), which are subject to the terms and conditions hereof. In utilizing the Materials, RP agrees that RP:
- may use the Materials only for the purposes of performing your obligations under the Referral Partner Agreement;
- will not modify, alter or otherwise change the Materials without MyFormData’s prior written consent;
- will cooperate fully with MyFormData in order to maintain the Materials; and
- will use only the Materials which are provided by MyFormData or expressly approved by MyFormData in advance of any such use.
All Materials are the copyrighted property of MyFormData, its affiliates and/or third party licensors. Furthermore, all trademarks, service marks, trade names, code, data or any other elements contained in the Materials are proprietary to MyFormData, its affiliates and/or third party licensors and your use of the Materials does not grant to you ownership thereof. All goodwill symbolized by and connected with such use of the Materials will inure solely to the benefit of MyFormData.
13. Changes to the Referral Partner Program Terms
We reserve the right to alter, update, or remove our Service and Software at any time. We may conduct such modifications to our Service or Software for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service or Software for security, legal or other purposes.
14. Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Colorado. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Douglas County, Colorado.
In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
15. Transfer of Rights
You may not assign or otherwise transfer any of your rights hereunder without MyFormData’s prior written consent, and any such attempt is void. The relationship between MyFormData and you are not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
16. Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the MyFormData Referral Partner program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by submitting and/or completing the MyFormData application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.