PaperKarma® Affiliate Program Terms

By signing up to be an Affiliate in the PaperKarma Affiliate Program you are agreeing to be bound by the following terms. Please ensure that you read PaperKarma Affiliate Program Terms carefully before signing up.

WHAT’S IMPORTANT

1. You may not use PaperKarma Affiliate Program for any illegal or unauthorized purpose. While using either PaperKarma or PaperKarma Services, you must not violate any laws in your area/state/country.

2. Affiliates may not share their Commission, received through PaperKarma Affiliate Program, with End Users. Commission cannot be split in any way between you, your employees and any other Third Party, including End Users.

3. You can not use and mention in any way: (i) PaperKarma and PaperKarma brand name as a keyword in your advertising campaigns across all search engines, including any misspellings in the brand name; (ii) Use PaperKarma or PaperKarma brand name in the domain name of Your website, including any misspellings of the brand name.

4. You may not modify the trademarks, banners, the content or any of the images provided to you in any way, without our prior written consent.

5. Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually “refreshing” of pages, for the sole purpose of creating Commissions. ANY ATTEMPTED FRAUD OR FRAUD OR ANY HARMFUL ACTION WILL RESULT IN ACCOUNT CANCELLATION AND VOIDED COMMISSIONS.

6. You cannot SPAM. We will terminate Your Account on the first offense of spamming. Do not send emails to lists or groups that you do not have permission to send them to.

7. You will not receive Commissions for self-referrals and for Affiliates, who violate our PaperKarma Affiliate Program Terms.

AGREEMENT BETWEEN YOU AND US

PaperKarma Affiliate Program Terms is a legal agreement between JET Internet LLC dba PaperKarma, a Delaware limited liability company, with its principal place of business at 200 Union Blvd., Suite 200, Lakewood, CO 80228, USA (“PaperKarma”, “PaperKarma”, “we”, “us” or “our”) and you (“Affiliate”, “you”, “your” or “yours”). The purpose of this Agreement is to allow linking between Your website, your marketing activity, etc. and PaperKarma.com website.

DEFINITIONS

“Affiliate” means any person or legal entity, which completed the signup process on www.PaperKarma.com and became the participant of the PaperKarma Affiliate Program.

“PaperKarma Affiliate Program” is a revenue-sharing program, which PaperKarma has developed and operates, where you, the Affiliate, use marketing methods to promote our services and drive traffic to PaperKarma.com according to the provisions of this Agreement.

“Commission” means the monetary compensation you receive, according to Section 7 hereof, for participating in the PaperKarma Affiliate Program; the Commission consists of a percent of your total sale amount. The sale occurs when an End User visits PaperKarma.com through a Referral Link and makes a payment for a PaperKarma Subscription.

“Commission Payment” refers to payments systems, through which you can receive your commission. You can currently receive your commission through PayPal. The minimum threshold for PayPal payments is $20. Payments are processed once a month: on the 25th day of each month. If the set day falls on a weekend or public holiday, we reserve a right to make the payment on the first weekday following that weekend or on the first workday, following that public holiday.

“Referral Link” means a link that leads to PaperKarma.com and contains your referral ID. You will receive your referral ID only after becoming the participant of PaperKarma Affiliate Program.

“Cookie life period” means 90 days from the date of End User’s first arrival on www.PaperKarma.com through Affiliate’s Referral Link according to PaperKarma Affiliate Program Terms. You will receive Сomission for as long as the End User maintains the Subscription on PaperKarma.com or until terminated by either party in accordance with these PaperKarma Affiliate Program Terms.

“End User” means the authorized actual user of PaperKarma Service, who registers for a free/paid account on www.PaperKarma.com.

“Net Revenue” means the initial subscription fee, any renewal fees, and any upgrade or downgrade fees that are actually paid to us by an End User for PaperKarma Service on PaperKarma.com. Net Revenue shall: (i) be calculated net of any discounts, taxes payable (ii) be calculated including any subsequent refunds to the End User.

“PaperKarma Service” means access to the PaperKarma applications and software, that you view or subscribe for, that are owned, developed, maintained, operated by PaperKarma, and accessible via www.PaperKarma.com and the PaperKarma mobile applications on iOS and Android platforms.

“Third Party” means any individual or legal entity, other than the party to this Agreement.

“Your Account” means a specific account within the PaperKarma Service, where your personal information is stored and where you can track your affiliate activity, including payment information.

“Your website” or “Affiliate website” means the Website that you state during the signup process, which is owned or operated by you.

AFFILIATE RIGHTS

We grant you, subject to the limitations set forth below, a non-transferable, non-exclusive right to: (i) demonstrate and promote the PaperKarma Service to your prospects and customers, and (ii) to provide End Users access to use the PaperKarma Service in accordance with this Agreement and the PaperKarma Terms and Conditions, provided that End Users agreed to the PaperKarma Terms and Conditions. At our discretion, we will provide limited support to all our Affiliates. You can reach us by sending an email to affiliates@PaperKarma.com. You may place banners or Referral Links within your newsletters, on Your website, or within other web related content.

AFFILIATE OBLIGATIONS

1. You must provide your full legal name, a valid email address, a valid domain name of the website you own or operate and all other information requested in order to complete the signup process on PaperKarma.com. All information you provide in your profile must be truthful. You are solely responsible for all the information you provide in Your Account profile and on the website that you own or operate.

2. As an Affiliate, you can only have 1 account. You can list multiple domains in one account, but only one account is allowed.

3. All Affiliates must submit w8/w9 forms on PaperKarma.com upon reaching the $20 threshold. Scanned or electronically filled out and signed copies of these forms must be uploaded to Your Account on www.PaperKarma.com. If forms are not properly filed or submitted on time, payments will be delayed.

4. You will be solely responsible for the development, operation, and maintenance of Your website and for all materials that appear on Your website. You should ensure that materials posted on Your website do not violate or infringe upon the rights of any Third Party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights). You will be solely responsible for the accuracy, truthfulness, and appropriateness of materials posted on Your website. We do not endorse or accept any responsibility for any links, that lead from Your website to any other website apart from www.PaperKarma.com and for any content that can be found by following these links to Third Party websites.

5. From time to time PaperKarma may change Subscription prices, therefore these changes may affect both the commission you will earn and the truthfulness of the information you will provide. We cannot guarantee the availability of subscriptions at the prices that you list on Your website, if they are outdated.

PRIVACY POLICY

PaperKarma respects the privacy of its users and will not disclose personal information to Third Parties without the express permission from you. You can read our privacy policy here.

COMMISSION PAYMENT

1. To be eligible to earn a Commission, the End User must purchase PaperKarma Subscription within the stated cookie life period of coming to www.PaperKarma.com through the Referral Link from Your website, email, or other communications. If a sale occurs after cookie life period expires and the End User has not returned through the Referral Link and purchased the PaperKarma Subscription, then no Commission shall occur.

For avoidance of doubt commissions shall be paid only for purchases of brand new referrals, that occur after the End User clicked on your particular referral link(s) containing your referral ID, directly from the website. For the avoidance of doubt commissions shall be paid only for last-touch referrals, meaning Your Referral Link was the last marketing channel to engage the visitor and result in a conversion. In other words, to be eligible for a commission, the End User you referred shall be a new user for PaperKarma, shall use your referral link to register and subsequently purchase an account, with no other referral or marketing channel being used or subsequently associated with the End User in the period between Your Referral link sending the End User to www.PaperKarma.com and the purchase of a PaperKarma subscription. Additionally the End User shall purchase a plan directly and exclusively from www.PaperKarma.com: the monthly, annual or other plan listed on www.PaperKarma.com/shop/. Commissions shall not be paid for any direct purchases from any of the PaperKarma sales representatives or PaperKarma agents and resellers, in-app purchases from Apple iTunes, Apple App Store or Google Play, or for purchases of any custom or discounted accounts. Notwithstanding the above, if the End User, previously referred by the Affiliate, upgrades his/her account to a new PaperKarma Subscription, the referring Affiliate receives a partial commission from the PaperKarma Subscription price upgrade, provided the purchase is made on www.PaperKarma.com.

2. Your Commission is equal to 20% (twenty percent) of the total sale amount. Commission Payments are processed once a month: on the 25th day of each month: payments cover sales accrued between the 25th and 31st days of the preceding month, and the 1st and 24th days of the current month. Commission payments are made every time Your Account balance reaches a minimum threshold of $20 (twenty USD) on the 25th of the day of the month. Payments are made with PayPal. We also draw your attention to the fact that the money credited to Your Account does not accrue interest. Commissions are only earned on paid accounts. If the End User cancels or does not pay for PaperKarma Subscription after the trial period is over, asks for a refund or uses limited free registration, no Commissions will accrue.

We provide an additional 5% commission, for a total of 25% (twenty five percent) commission on all future referred sales once your total aggregate referred sales, including recurring sales from monthly plans, exceeds $100.00.

We provide a second, additional 5% commission, for a total of 30% (thirty percent) commission on all future referred sales once your total referred sales, including recurring sales from monthly plans, exceeds $500.00.

Commission structure is subject to change at our discretion.

3. Commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods will be voided. Fraudulent activities will also result in immediate account cancellation.

4. All statistics are collected and calculated by PaperKarma, and will be the only valid statistics used for determining Commissions.

5. Сhargeback fees will be deducted from your earned commission.

RECURRING COMISSIONS AND COOKIE DURATION

We will pay you Commission for as long as the End User maintains a Subscription on PaperKarma.com, provided the cookie life was valid when the End User first purchased a PaperKarma Subscription and that you remain eligible to receive a Commission pursuant to PaperKarma Affiliate Program Terms. If at any time the End User account is cancelled, suspended or refunded, you will become ineligible to receive Commission on any future fees collected from that End User.

ACCOUNT TERMINATION

1. This Agreement starts upon Your Account confirmation through the confirmation link in e-mail you receive during the sign up process on www.PaperKarma.com. The Agreement ends when terminated by either party in accordance with these PaperKarma Affiliate Program Terms. If you fail, or PaperKarma suspects that you have failed, to comply with any of the provisions of this Agreement, PaperKarma, at its sole discretion, without notice to you, may terminate this Agreement.

2. Termination of this Agreement will result in the deactivation or deletion of Your Account or your access to Your Account, and the forfeiture and relinquishment of all potential or to-be-paid Commissions in Your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

PUBLICITY

The Affiliate is not permitted to use any of the content of any websites owned and/or operated by PaperKarma without written consent and the Affiliate shall not frame any pages or parts of any pages of the PaperKarma.com, PaperKarma.com or any other website nor will the Affiliate create the impression that the Affiliate website is PaperKarma.com or PaperKarma.com or any part of PaperKarma.com or PaperKarma.com. The Affiliate agrees not to make any representations and/or give any warranties and/or guarantees relating to PaperKarma Services and/or their efficacy other than those given by PaperKarma and/or as otherwise approved by us in writing.

AFFILIATE INDEMNIFICATION OBLIGATIONS

1. You shall defend, indemnify and hold PaperKarma harmless against all claims, suits, demands, damages, liabilities, losses, penalties, interest, settlements and judgments, costs and expenses (including attorneys’ fees) incurred, claimed or sustained by Third Parties, directly or indirectly as a result of (i) your breach of or non-compliance with this Agreement, (ii) your violation of any law, or an alleged violation of law by PaperKarma, that is a direct or indirect result of your use of the network service, (iii) your use of the network service, (iv) your participation in any program, (v) any content, goods or services offered, sold or otherwise made available by you to any person, (vi) your acts or omissions in using, displaying or distributing any internet links obtained from the network service or elsewhere, including but not limited to your use of internet links via email distribution, (vii) any claim that PaperKarma is obligated to pay tax obligations in connection with payment made to you pursuant to this Agreement, and (viii) any violation or alleged violation by you of any rights of another, including breach of a person’s or entity’s intellectual property rights (each (i)-(viii) individually is referred to hereinafter as a “Claim”).

2. Should any Claim give rise to a duty of indemnification under this Section, PaperKarma shall promptly notify you, and PaperKarma shall be entitled, at its own expense, and upon reasonable notice to you, to participate in the defense of such Claim. Participation in the defense shall not waive or reduce any of your obligations to indemnify or hold PaperKarma harmless. Affiliate shall not settle any Claim without PaperKarma prior written consent. You also shall indemnify for any reasonable attorneys’ fees or other costs incurred by an indemnified party in investigating or enforcing this Section. In the context of this Section only, the term “PaperKarma” shall include officers, directors, employees, corporate affiliates, subsidiaries, agents, and subcontractors.

AUTHORITY

Each party represents and warrants to the other party as to itself that the person executing this Agreement is authorized to do so on such party’s behalf. IF YOU ARE AN INDIVIDUAL, YOU REPRESENT AND WARRANT THAT YOU WERE AT LEAST 18 YEARS OF AGE ON THE EFFECTIVE DATE OF THIS AGREEMENT.

NON-INFRINGEMENT WARRANTIES

You represent and warrant that: (i) you have all appropriate authority to operate, and to post any and all content on, Your website(s); (ii) you have all appropriate rights to promote with any promotional method you may choose to use; (iii) Your website(s) and your promotional methods do not and will not infringe a Third Party’s or PaperKarma’s proprietary rights; and (iv) you shall remain solely responsible for any and all websites owned and/or operated by you and all of your promotional methods. PaperKarma may or may not review all content on Your website or used by you in your promotional methods.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PAPERKARMA DISCLAIMS ALL WARRANTIES IMPLIED, INCLUDING, BUT NOT LIMITED TO: (I) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, (II) THAT THERE ARE NO VIRUSES OR OTHER COMPONENTS, (III) THAT PAPERKARMA SECURITY METHODS WILL BE SUFFICIENT, (IV) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (V) AGAINST INTERFERENCE WITH ENJOYMENT OF AFFILIATE THE PUBLISHER’S INFORMATION OR WEBSITE. ALL INFORMATION AND COMPUTER PROGRAMS PROVIDED TO YOU IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. PAPERKARMA IS, UNDER NO CIRCUMSTANCES, RESPONSIBLE FOR THE PRACTICES, ACTS OR OMISSIONS OF ANY AFFILIATE, OR AFFILIATE WEBSITE(S), AND/OR THE CONTENT OF AFFILIATE WEBSITE OR THAT THE AFFILIATE MAKES AVAILABLE THROUGH THE NETWORK SERVICE.

LIMITATION OF LIABILITIES

1. ANY OBLIGATION OR LIABILITY OF PAPERKARMA UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL OF YOUR COMMISSIONS PAID TO YOU BY US UNDER THIS AGREEMENT DURING THE YEAR PRECEDING THE CLAIM. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST THE OTHER PARTY TO THIS AGREEMENT MORE THAN ONE YEAR AFTER THE TERMINATION OF THIS AGREEMENT. YOU AGREE THAT PAPERKARMA SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY (INCLUDING BUT NOT LIMITED TO A CLAIM BY ANOTHER AFFILIATE OR ANY THIRD PARTY OF THE NETWORK SERVICE), FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

2. The Affiliate accepts that the operation of the PaperKarma Affiliate Program, Referral Links or the PaperKarma.com may not be completely free of interruption, errors or omissions and PaperKarma is not liable for the consequences of any interruptions or errors in the performance or content of the PaperKarma.com or Referral Links.

REMEDIES

No remedy or election shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.

MISCELLANEOUS

1. Export Restrictions. Exports, re-exports, and transfers of either PaperKarma or PaperKarma products and services, including technology, software, software source code, technical data, related technology, and the direct products thereof, including the Website content and the Services (the “PaperKarma Items”) are subject to US export controls and sanctions, the most important of which are administered by the Commerce Department’s Bureau of Industry and Security (“BIS”) under its Export Administration Regulations (“EAR”), the Treasury Department’s Office of Foreign Assets Controls (“OFAC”) under its Foreign Assets Control Regulations, and other applicable export control laws and regulations of non-U.S. government agencies. You may not access, download, distribute, use, export, or re-export the PaperKarma Items in violation of United States export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the PaperKarma items in violation of any such restrictions, laws or regulations, or without all necessary approvals. The PaperKarma Items may not be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Iran, Libya, North Korea, Sudan, Myanmar, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. By agreeing to this Agreement, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list and that you will not share the PaperKarma Items with anyone whose status is described in items (i) and (ii) above.

2. Headings and Referrals. Headings of Sections are for the convenience of referral only. Words indicated in quotes and capitalized signify an abbreviation or defined term for indicated words or terms, including those definitions contained in the opening paragraph.

3. Relationships. You and PaperKarma are independent contractors, and nothing in these PaperKarma Affiliate Program Terms will create any partnership, joint venture, agency, franchise, sales representatives, 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 or otherwise, that reasonably contradict anything in these PaperKarma Affiliate Program Terms.

4. Choice of Law/Attorneys’ Fees. This Agreement is governed by the laws of the State of Colorado (USA), except for its conflict of law provisions. The exclusive forum for any actions related to this Agreement shall be in the state courts, and, to the extent that federal courts have exclusive jurisdiction, in Denver, Colorado USA. The parties consent to such venue and jurisdiction and waive any right to a trial by jury. The application of the United Nations Convention on the International Sale of Goods is expressly excluded. A party that primarily prevails in an action brought under this Agreement is entitled to recover from the other party its reasonable attorneys’ fees and costs.

5. Place of control. Headings of Sections are for the convenience of referral only. Words indicated in quotes and capitalized signify an abbreviation or defined term for indicated words or terms, including those definitions contained in the opening paragraph.

6. Third Party Disputes. In the event of a Third Party claim against either: (i) PaperKarma intellectual property; or (ii) against PaperKarma right to offer any service or good on PaperKarma.com or PaperKarma.com, or if, in PaperKarma opinion, such a claim is likely, PaperKarma shall have the right, at its sole option and in its sole discretion, to (a) secure the right at the expense of PaperKarma to continue using the intellectual property or good or service; or (b) at the expense of PaperKarma replace or modify the same to make it non-infringing or without misappropriation.

7. Tax Status and Obligations. PaperKarma is not obligated to and shall not provide you with tax and/or legal advice. PaperKarma undertakes no duty to investigate or research your tax status and/or obligations, and such research and investigation is solely your responsibility. You are obligated to independently assess and comply with all relevant tax and legal requirements, and you are responsible for your own sales tax collection and reporting obligations arising from Commission income. If PaperKarma provides you with information, that information shall not be deemed tax or legal advice, and PaperKarma shall not be responsible for the accuracy of such information.

8. Severability. If any provision of these PaperKarma Affiliate Program Terms is held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining provisions of PaperKarma Affiliate Program Terms shall remain in full force and effect. You and us shall in good faith attempt to modify any invalidated provisions to carry out the stated intentions in PaperKarma Affiliate Program Terms.

9. Waiver. The waiver of any breach of any provision under this Agreement by you or by us shall not be deemed to be a waiver of any preceding or subsequent breach, nor shall any waiver constitute a continuing waiver.

10. Marketing. You agree that PaperKarma may identify you as a PaperKarma Affiliate and may use your name and/or logo solely for such purpose in its marketing materials. Any other uses of your name and/or logo not otherwise described or contemplated herein shall require your prior written consent.

11. Amendment. PaperKarma has the right to change, modify or amend (“Change”) these PaperKarma Affiliate Program Terms, in whole or in part, by posting a revised PaperKarma Affiliate Program Terms on PaperKarma.com. Your continued use of the PaperKarma Service after the date of such Сhange shall be deemed your acceptance of the revised PaperKarma Affiliate Program Terms. The information about the previous versions of PaperKarma Affiliate Program Terms you can find on PaperKarma.com.

12. Assignment and Acknowledgement. You confirm that you have read, acknowledge and agree to all the terms and conditions of PaperKarma Affiliate Program Terms. You acknowledge that you have independently evaluated the desirability of accepting PaperKarma Affiliate Program Terms and are not relying on any representation, guarantee, or statement other than as set forth in PaperKarma Affiliate Program Terms. Neither party may assign this Agreement without the prior express written permission of the other party.

13. Notices. All notices, requests, claims, demands and other communications regarding these PaperKarma Affiliate Program Terms are welcomed and should be addressed to: affiliates@PaperKarma.com.

CONTACT INFORMATION

Mail: affiliates@PaperKarma.com