OnlineDivorcer Affiliate Program Terms and Conditions

These Terms and Conditions serve as an agreement between you (“Affiliate”) and our Company (“Boosters Lab Inc.”) when you sign up for the Affiliate Program described herein.

Interpretation

  • “Account” refers to the profile an Affiliate gets on our Website after signing up for an Affiliate Program.
  • “Affiliate,” “you,” or “your” refers to the person who signed up for our Affiliate Program on our Website.
  • “Affiliate Program” refers to the marketing program offered by our Company, where an Affiliate promotes Services of the Company for a Commission.
  • “Affiliate Link” is a unique link the Affiliate uses to promote our Services.
  • “Commission” refers to $80 added to the Affiliate’s balance after each Eligible Purchase.
  • “Company,” “our,” “us,” or “we” means and refers to Boosters Lab Inc.
  • “Confidential Information” refers to any customer, financial, business, and technical information exchanged between the parties to the Affiliate Program that should reasonably be regarded to as proprietary or confidential.
  • “Eligible Purchase” is a purchase of Service made by a Referred Buyer which does not violate the requirements set forth in these Terms of Use.
  • “Full Payment” is the payment of the full price of the Service.
  • “Installment Plan” is the option that allows a Referred Buyer to make the payment for the Service in parts “Installments.” Before the Referred Buyer pays for the last Installment, they are considered to have made a “Partial Payment.” Once all Installments are paid out, the Referred Buyer is considered to have made a “Full Payment.”
  • “Minimal Commission” refers to the minimal balance of XXX that has to be on your balance to receive a Payout.
  • “Payout” is a transfer of the Commission to the Affiliate via an agreed-upon payment method if the Commission exceeds the Minimal Commission sum.
  • “Promotional Materials” refer to any visual materials, links, text, widgets, or other digital materials provided by the Company to the Affiliate within the Affiliate Program.
  • “Referred Buyer” is a person who made a purchase of the Service after using an Affiliate Link.
  • “Refund Period” is a period of time within which a Referred Buyer can receive a refund based on the Service’s Terms of Use. Within these Terms of Use, the Refund Period is 75 days after the Full Payment is made.
  • “Service” refers to the software access provided by Boosters Lab Inc. through onlinedivorcer.com and all its subdomains (“Service Website”).
  • “Website” refers to partners.onlinedivorcer.com and its subdomains.

Affiliate Obligations

  • When signing up for an Affiliate Program and upon Company’s request, an Affiliate is to provide real and up-to-date information about themselves and their website(s) or means of distributing the Affiliate Link.
  • Affiliate has the sole responsibility of making sure they comply with the FTC Endorsement Guidelines and any regulations, rules, judgement, laws, or any binding agreements.
  • Affiliate has the sole responsibility of maintaining and updating their website or accounts used to distribute the Affiliate Link.
  • Affiliate is to provide a personal identification document and/or proof of financial account ownership upon the request of the Company representatives.
  • Affiliate is to inform and discuss with the Company the preferred payment method to receive Payouts through.

Company Rights

  • We have a right to terminate Affiliate’s participation in the Affiliate Program and block any Affiliate Links anytime and for any reason, specifically when we suspect that the Affiliate violates any clause in these Terms of Use.
  • We have a right to refuse service to a potential Referred Buyer anytime and for any reason.
  • We have a right to request a personal identification document and/or proof of financial account ownership we deem necessary to confirm your identity in case there is suspicion of fraudulent activities or when we need to ensure the validity of your financial information for Payout purposes.

Restrictions

You cannot become an Affiliate, or your Account will be immediately suspended if you:

  • Fail to comply with the Affiliate Obligations section of these Terms of Use.
  • Engage in any kind of fraudulent activities or spamming.
  • Fail to fully comply with FTC Endorsement Guidelines.
  • Distribute the Affiliate Link on websites and other web resources that promote any illegal and/or unethical activities, including but not limited to violence, sexually explicit content, and discrimination.
  • Use your own Affiliate Link to purchase the Service.
  • Misrepresent or make false claims about the Service or the Company.
  • Answer questions about the Company or the Service on our behalf.
  • Violate Company’s proprietary rights.
  • Disclose Company’s Confidential Information.

Commission and Payouts

  • The Commission will be added to the Affiliate’s balance on the Account and displayed therein upon each Eligible Purchase.
  • The Payouts will be made by the Company automatically from 1st to 3rd of each Month given that the Minimal Commission was exceeded and the Refund Period for the Eligible Purchase is over.
  • Company makes the Payouts to the Affiliate only through the payment method that was agreed upon by both parties in writing via affiliate@onlinedivorcer.com.
  • The Affiliate is not eligible for any additional Commission for any other products or services the Referred Buyer may purchase from the Company or its partners apart from the Service.
  • The Company may suspend the Payouts and deduct Commission anytime it suspects that 1) the Affiliate or their Referred buyer engages in improper, questionable, or fraudulent activities or 2) the Affiliate is in violation of these Terms of Use or 3) the Referred Buyer of the said Affiliate is in violation of the Service Terms of Use.
  • The Company has the right to withhold or cancel any Commission if a purchase of the Referred Buyer does not meet the Eligible Purchase criteria presented in the “Eligible Purchase” section below. The Company is not obligated to notify the Affiliate about the withheld or canceled Commission or their status and decisions regarding such Commissions are solely at Company’s discretion. The Affiliate may make an inquiry about such Commissions through affiliate@onlinedivorcer.com within 30 (thirty) days after the Referred Buyer made a purchase that wasn’t considered an Eligible Purchase by the Company.

Eligible Purchase

The purchase of Service made by the Referred Buyer will qualify as an Eligible Purchase unless:

  • The Referred Buyer violates or cannot use the Service based on the Terms of Use of the Service.
  • The Referred Buyer receives a refund of any amount or makes a chargeback.
  • The Referred Buyer chooses an Installment Plan option to pay for the Service but does not make a Full Payment within the time designated by the Company.
  • The Affiliate offered or provided the Referred Buyer with any discounts, coupons, or alternative offers that weren’t approved by the Company in writing.
  • The Company suspects that a Referred Buyer engages in fraudulent activities.
  • The Referred Buyer has used the Affiliate Link of another Affiliate to make a purchase after using your link to visit the Service website.
  • The Referred Buyer or the mean they use to access the websites does not allow the storage of cookies and, thus, proper tracking of a purchase.

Proprietary Rights

Promotional Materials, copyrights, content, trademarks, tradenames, pieces of code, logos, and any other Website-, Company-, or Service-identifying materials and intellectual property belong solely and exclusively to the Company and are protected by applicable laws.

When the Affiliate participates in the Affiliate Program, the Company may provide the Affiliate with Promotional Materials and other materials for use specifically within the Affiliate Program during the duration of Affiliate’s participation in it.

The Affiliate can only make derivatives of such materials or create their own promotional materials with Company or Service logos if they were authorized to do so by the Company via email sent through affiliate@onlinedivorcer.com and upon confirmation of the design of such material.

By providing the Affiliate with the Promotional Materials and any other materials, the Company grants the Affiliate a limited, revocable, non-exclusive, and non-transferable right to use such materials to the extent necessary for Affiliate’s participation in the Affiliate Program.

Non-Exclusivity

The Affiliate Program does not create an exclusive relationship between you and our Company. This means that both you and our Company can enter other partnerships and endorse other or similar services at their own discretion, as long as such partnerships or services are not illegal according to the current US law.

Confidentiality and Privacy

Both an Affiliate and our Company can disclose the fact of Affiliate’s participation in the Affiliate Program.
Each party to the Affiliate Program is to use the Confidential Information provided by either party to fulfill its obligations within the Affiliate Program.
The Affiliate agrees to maintain the confidentiality of all Confidential Information provided by the Company, including but not limited to customer data, marketing strategies, and financial information. The Affiliate shall not disclose such Confidential Information to any third party without the prior written consent given by the Company through affiliate@onlinedivorcer.com.

The Affiliate agrees to use any data provided by the Company, including but not limited to customer data, solely for the purpose of promoting the Service within the terms of the Affiliate Program.

The Company agrees to collect and process personal data in accordance with applicable data protection laws and regulations. The Affiliate shall comply with all applicable data protection laws and regulations and shall implement appropriate technical and organizational measures to ensure the security of personal data.

In the event of a data breach, the Affiliate shall notify the company about it through affiliate@onlinedivorcer.com.

Service is Provided AS-IS

The Company provides the Service as-is, without any warranties or guarantees, express or implied, including but not limited to warranties of merchantability, non-infringement, fitness for a particular purpose, and performance. The Company does not warrant or guarantee that the Website operations or the Service will be uninterrupted or error-free and bears no liability for any consequences of any of such interruptions or errors.

Indemnities

The Affiliate hereby agrees to defend, indemnify and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with:
Any claim that the Company’s use of Affiliate’s name or materials infringes on any trademark, intellectual property, copyright, license, or other proprietary rights of any third party. Any misrepresentation, breach of, or unauthorized representation or warranty made by Affiliate within these Terms of Use.
Any claim related but not limited to Affiliate’s website, materials, maintenance, content, and operations.

Dispute Resolution

Any dispute arising out of or in connection with these Terms of Use or the Affiliate Program shall first be attempted to be resolved through good faith negotiation between the parties to the Affiliate Program. In the event that the Company and the Affiliate are unable to reach a mutually acceptable resolution within thirty (30) days of initiating negotiations, the parties agree to participate in mediation administered by a mutually agreed-upon mediator. If the mediation is not effective in dispute resolution, either party may initiate binding arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) in effect at the time of the arbitration. Each party will bear its own costs of the arbitration process. The decision of the arbitrator(s) shall be final and binding upon the parties, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.

Changes to the Terms of Use

The Company may make changes to the Terms of Use anytime at its own discretion. If Terms of Use are modified, the modification date will be reflected on the Terms of Use page. The Affiliate has the sole responsibility of reviewing these Terms of Use regularly to ensure they are in compliance with clauses presented herein. The continued use of the Affiliate Program by the Affiliate upon the modification of the Terms of Use is an indication of Affiliate’s agreement to the changes made to the Terms of Use.

Termination of Cooperation

  • Either party to the Affiliate Program may terminate cooperation without notice to the other party at any time, with or without cause.
  • If the Affiliate breaches any Terms and Conditions of our Company, we will terminate the cooperation immediately and may take legal action or seek equitable remedies.
  • Upon termination of cooperation, the Affiliate loses any right to use any Promotional Materials, copyrights, content, trademarks, tradenames, logos, and any other Website-, Company-, or Service-identifying materials. The Affiliate shall also return or destroy all Confidential Information they have about the Company unless required otherwise by law or active court order.
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