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CoachAccountable Referral Program TERMS OF SERVICE.

By signing up to be a Referral Partner in the CoachAccountable Referral Program ("Program") you are agreeing to be bound by the following terms and conditions ("Terms of Service").

When you sign up to be a Referral Partner or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

CoachAccountable reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.CoachAccountable.com/referralTermsOfService

Violation of any of the terms below will result in the immediate termination of your Account and possibly forfeiture (in CoachAccountable's sole discretion) of any outstanding affiliate commission payments earned after the violation has occurred. You agree to use and enroll in the Referral Program at your own risk.

ACCOUNT TERMS

  1. By enrolling in the Program, you warrant that you are 18 years or older.
  2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the registration process. In registering and providing such data, you represent and warrant that: (a) the information about you is true, accurate, current, and complete ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or CoachAccountable has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CoachAccountable has the right to suspend or terminate your account and refuse any and all current or future participation in the Program.

    Please note that all Program registrations become the exclusive property of CoachAccountable, its affiliates, successors in interest, and subsidiaries. CoachAccountable reserves the right to use and reuse all registration and other personally identifiable user information subject to the Privacy Policy, which is found at: http://www.coachaccountable.com/referralPrivacyPolicy

  4. Your login may only be used by one person - a single login shared by multiple people is not permitted. Commissions will only be paid to a single Referring entity.
  5. You are responsible for maintaining the security and confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify CoachAccountable of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. CoachAccountable cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
  6. One person may not maintain more than one account.
  7. You may not use the Referral Program for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction (including but not limited to copyright laws).
  8. You may not use the Referral Program to earn money on your own CoachAccountable subscriptions.
  9. You may not use the Referral Program to earn money on CoachAccountable subscriptions belonging to organizations for which you are an employee, sub-contractor, or independent contractor. If however you play an advisor role in such capacity to multiple organizations who obtain CoachAccountable subscriptions you may be entitled to an exception to this rule, please contact us.

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Referral Program, you will be assigned a unique Referral Code. You are permitted to place links, banners, or other graphics we provide with your Referral Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to the CoachAccountable website. We may change the design of the artwork at any time without notice, but we won't change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the CoachAccountable site. You must ensure that each of the links between your website and the CoachAccountable site properly utilizes such special link formats. Links to the CoachAccountable site placed on your website pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will earn referral fees only with respect to sign-ups on a CoachAccountable paying plan occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Referrer links must direct users to the CoachAccountable home page. Deep links, or links to other pages inside the product site will not earn credit.

Referral fees/commissions and payment

In order to be eligible for a referral fee, third party users must register with CoachAccountable within 30 days of clicking through the Referrer's link. From time to time, it is possible that third party users will click through more than 1 or several Referrers' links over the course of this 30 day period and prior to registering with CoachAccountable. In this instance, the most recent Referral link clicked by the user will be the Referrer credited the referral for that particular user registration.

Please note that in order to receive payment of your commissions, the value of your Referrer account must be greater than $100. For purposes of paying commissions, commission will not be considered earned and payable until your Referrer account reaches $100. Once your Referrer account reaches $100 in earned commissions, we will begin paying commissions to your designated PayPal account. In the event your Referrer account never reaches $100, your commissions will be held by CoachAccountable.

There are two types of referral fees that can be earned:

  1. Sign-up commissions
  2. Recurring commissions

Sign-up commissions are earned once the customer has made their first monthly payment. Recurring commissions are paid every month, starting on the second month, after the customer has made his or her first monthly payment. Commissions are only earned if a customer makes a payment. If a customer cancels his or her account on or before the 30th day of the current term, you will not receive prorated commissions or any commission for the current month.

The current rates of sign-up and recurring commissions can be found at: http://www.coachaccountable.com/referralProgram

The commission structure and rates are subject to change at our discretion. We will notify all Referral Partners 30 days prior to a commission structure or rate change. Commissions earned under the previous structure or rate will be paid under the previous structure or rate up to the date of implementation of the new structure or rate. Thereafter, Commissions earned under the new structure will be paid under the new structure.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they signed up or someone says they entered a referral code but it was not tracked and reported by our system. We can only pay commissions on business generated through properly formatted special links that are automatically tracked by our systems.

We reserve the right to disqualify commissions earned through activities we, in our sole discretion, deem to be fraudulent, illegal, or overly aggressive, questionable sales or marketing methods and terminate associated Accounts.

Payments by PayPal

Commissions are paid only by PayPal. We cannot send checks, credit cards, or send cash. You are required to have a PayPal account to receive commissions. If you don't have one of these accounts at the time you register to become a Referral Partner, you can sign up for one at any time (including after we've sent you the first payment). Please note that these providers each have their own Terms and Conditions of Use and Privacy Policy. As neither are affiliated with CoachAccountable, you should familiarize yourself with the respective Terms and Conditions of Use and Privacy Policy which can be found at each's website. CoachAccountable is not responsible in any way for any monetary or other losses or damages arising from errors, interruptions in service, malfunctions or other problems that occur with PayPal's service and/or website. CoachAccountable's obligation is limited to submitting payment of commissions to your account. Once CoachAccountable has submitted such commission payment to you via your account of choice, it has fulfilled its obligation to pay your Referral commission(s).

Identifying yourself as a CoachAccountable Referral Partner

You may not issue any press release with respect to this Agreement or your participation in the Program without expresses written permission from CoachAccountable; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of CoachAccountable, LLC, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not sign up to a CoachAccountable paying plan through your affiliate links for your own personal use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of your account and this Agreement.

Payment schedule

As long your Referrer account is valued at $100 USD or higher, you'll be paid approximately every 30 days. If you haven't earned $100 since your last payment, we'll pay you roughly 3 days after you've reached the $100 threshold. Your next payment will come 30 days after the most recent, previous payment if the value of your Referrer account reaches $100. Payments are made via PayPal.

Customer definition

Customers who subscribe to paying plans through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and subscription sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for subscription plans sold under this Program in accordance with our own pricing policies. Subscription plan prices and availability may vary from time to time. Because price changes may affect subscriptions plans that you have listed on your site, you should not display subscriptions plan prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular subscriptions plan.

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

  1. The technical operation of your site and all related equipment.
  2. Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site).
  3. The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all CoachAccountable-related materials and any information you include within or associate with Special Links).
  4. Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights).
  5. Ensuring that materials posted on your site are not libelous, illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or objectionable in any manner in the sole discretion of CoachAccountable, including, without limitation, material that encourages unlawful conduct.
  6. Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.
  7. Ensuring that any and all of your communications that contain CoachAccountable banners, links or other materials and that are made through mailing lists or any unsolicited communications comply with the applicable provisions of the CAN SPAM Act.

Please note that any failure to meet any of the obligations listed above may result, in CoachAccountable's sole discretion, in the immediate termination of your account(s) and forfeiture of any commissions earned up to the point of CoachAccountable discovering any such failure.

Intellectual Property

This website, the Program and all accompanying software and technology is owned by CoachAccountable, LLC and operated by CoachAccountable, LLC. All content on this website, such as text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software (the "Content") is the property of CoachAccountable, unless otherwise indicated, and is protected by United States and international copyright laws. The compilation of all Content on this website is the exclusive property of CoachAccountable and protected by United States and international copyright laws. All software used on this website is the property of CoachAccountable or its software suppliers and is protected by United States and international copyright laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from this website including code and software. You may not download material or Content from this website unless expressly authorized in writing by CoachAccountable. Except as permitted expressly by CoachAccountable or such rights, you may not copy, reproduce, modify, publish, transmit, transfer or sell, maintain, retain, create derivative works from, distribute or re-distribute, perform, link, display or in any way exploit any Content obtained through the Program or website, including, without limitation, by incorporating data and/or Content from the Program or website into any e-mail, search, catalogue, directory, or other "white pages" products or service, whether browser-based, based on proprietary client-site applications, web-based, or otherwise. You understand, agree and acknowledge that engaging in any of the aforementioned conduct may constitute a crime and/or other form of unlawful behavior for which you may be held criminally and/or civilly liable.

Any trademarks that appear on this website are owned by CoachAccountable, LLC and operated by CoachAccountable, LLC. Any third party trademarks not owned by CoachAccountable or its subsidiaries that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CoachAccountable or its subsidiaries.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination by emailing us at support@coachaccountable.com or by contacting us using the form at: http://www.coachaccountable.com/FAQs#FAQ(supportRequestPage) Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the CoachAccountable site, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. CoachAccountable reserves the right to end the Program at any time. Upon program termination, CoachAccountable will pay any outstanding earnings accrued up to the time of termination that exceed $100 USD.

Termination

CoachAccountable, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other CoachAccountable service, for any reason at any time. Such termination of the Service 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. CoachAccountable reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties - Independent Contractors

Nothing in this Agreement or during the course of this relationship will be construed to 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 site or otherwise, that reasonably would contradict anything in this Section. Each party shall be solely responsible for the payment and collection (as necessary) of all taxes that each party may incur in any jurisdiction as a result of your participation in the Program, time as a Referral Partner and/or earning or payment of commissions.

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

ALL SERVICES AND MATERIALS PROVIDED BY COACHACCOUNTABLE ON THIS SITE ARE PROVIDED "AS IS ". WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY SUBSCRIPTION PLANS SOLD THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. COACHACCOUNTABLE DOES NOT WARRANT ANY CONNECTION TO OR ANY TRANSMISSION OVER THE INTERNET OR THAT ANY DEFECTS IN THE SERVICES OR MATERIALS WILL BE CORRECT. YOU ARE RESPONSIBLE AND ARE URGED TO IMPLEMENT SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, MATERIALS AND THE INTERNET.

HYPERLINKS OR OTHER WEB PAGES ACCESSIBLE FROM THIS WEBSITE WILL ENABLE YOU TO LEAVE THE SITE. THE LINKED WEBSITES AND THE CONTENTS OF THIRD PARTY WEBSITES ARE NOT UNDER THE CONTROL OF COACHACCOUNTABLE AND WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED WEBSITES OR ANY LINKS CONTAINED IN A LINKED WEBSITE, OR ANY CHANGES OR UPDATES TO SUCH WEBSITES. THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY COACHACCOUNTABLE OF SAID LINK OR THE WEBSITE. COACHACCOUNTABLE AND ITS AFFILIATES DO NOT CONTROL OR ENDORSE THE CONTENT OF THIRD PARTY WEBSITES.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in Denver, CO USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Colorado (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

This Agreement will be governed by the laws of the United States and the state of Colorado USA, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of CoachAccountable to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and CoachAccountable and govern your use of the Service, superseding any prior agreements between you and CoachAccountable (including, but not limited to, any prior versions of the Terms of Service).

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