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Last modified: 27 March 2023
AFFILIATE PROGRAM TERMS & CONDITIONS
This is a legal agreement between __________________, a ________ company located at _________________________________________________________________________, hereinafter, the “Affiliate” and 4 Freedom Mobile LLC, a Delaware company located at 150 E 1st Ave, #206, Salt Lake City, Utah 84103, USA, (further “4Freedom”). By signing this agreement or submitting the online application, you are agreeing that you have read and understood the terms and conditions of this Agreement and that you agree to be legally responsible for each and every term and condition. Please note that throughout this Agreement, “4Freedom Mobile”, “4Freedom”, “we,” “us,” and “our” refer to 4Freedom and “you,” “your,” and “yours” refer to the Affiliate. The Effective Date of this Agreement is the date on which it was signed by both Parties or the date on which the online application has been submitted.
The Affiliates Program permits you to monetize your website, social media user-generated content, online software application and/or any other method of promoting 4Freedom Mobile (referred to in this Agreement as “your Site”), by placing on your Site links to a 4Freedom Mobile website or, if applicable, any other site for 4Freedom Mobile (referred to in this Agreement as the “4Freedom Site”).
When our customers click through the Affiliate Links or use the agreed Affiliate Code to purchase an item sold or services offered on the 4Freedom Site or take other actions as specified in this Agreement, you can receive Affiliate Fees for qualifying purchases. Affiliate Fees may vary by the product or service purchased and may be altered at any time by us without notice. Details of the currently applicable program fees may be found in your Affiliate Dashboard page. In order to facilitate your advertisement of these items or services, we may make available to you data, images, text, link formats, widgets, links, marketing content, and other linking tools, application program interfaces, and other information in connection with the Affiliates Program (“Program Content”). Program Content specifically excludes any data, images, text, or other information or content relating to product offerings on any site other than the 4Freedom Site.
To begin the enrollment process, you will complete and submit the online affiliate application at the 4FreedomMobile.com server. The fact that we may auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it: (a) promotes sexually explicit materials, (b) promotes violence, (c) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, (d) promotes illegal activities, (e) incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law, (f) includes “4Freedom Mobile” or “4Freedom” or variations or misspellings thereof in its domain name, (g) is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion, or (h) contains software downloads that potentially enable diversions of commission from other affiliates in our program.
As a member of 4Freedom Mobile’s Affiliate Program, you will have access to an Affiliate Dashboard. Here you will be able to review our Program’s details and previously-published affiliate newsletters, download HTML code or unique URL (that provides for links to web pages within the 4Freedom Mobile web site) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code or unique URL that we provide for each banner, text link, or other affiliate link we provide you with. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are 4Freedom Mobile or any other affiliated business.
4Freedom Mobile reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third-party rights.
You must clearly state the following, or any substantially similar statement previously allowed under this Agreement, on your Site or any other location where 4Freedom may authorize your display or other use of Program Content: “As a 4Freedom Mobile Affiliate I earn from qualifying purchases.” Except for this disclosure, you will not make any public communication with respect to this Agreement or your participation in the Affiliates Program without our advance written permission. You will not misrepresent or embellish our relationship with you (including by expressing or implying that we support, sponsor, or endorse you), or express or imply any affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.
Our customers are not, by virtue of your participation in the Affiliate Program, your customers. As between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on the 4Freedom Site will apply to those customers and may be changed at any time. You will not handle or address any contacts with any of our customers, and, if contacted by any of our customers for a matter relating to interaction with a 4Freedom Site, you will state that those customers must follow contact directions on that 4Freedom Site to address customer service issues.
We have the right to monitor your Site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your Site that we feel should be made, or to make sure that your links to our 4Freedom Site are appropriate and to notify you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the 4Freedom Mobile Affiliate Program.
4Freedom Mobile reserves the right to terminate this Agreement and your participation in the 4Freedom Mobile Affiliate Program immediately and without notice to you should you commit fraud in your use of the 4Freedom Mobile Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, 4Freedom Mobile shall not be liable to you for any commissions for such fraudulent sales.
You are free to promote your own web sites, but naturally any promotion that mentions 4Freedom Mobile could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by 4Freedom Mobile. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote 4Freedom Mobile so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote 4Freedom Mobile so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from 4Freedom Mobile. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the 4Freedom Mobile Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as 4Freedom, 4FreedomMobile, 4Freedom Mobile, 4FreedomMobile.com, www.4FreedomMobile.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and direct the traffic from such campaigns to their own website, will be considered trademark violators, and will be banned from the 4Freedom Mobile Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in 4Freedom Mobile’s service).
Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited 4Freedom Mobile’s site (i.e., no page from our site or any 4Freedom Mobile’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop-ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of 4Freedom Mobile site in IFrames, hidden links and automatic pop-ups that open 4Freedom Mobile’s site; (d) targets text on web sites, other than those web sites 100% owned by the Affiliate, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the Affiliate.
Affiliate represents and warrants that all present and future marketing practices used by Affiliate shall be in compliance with the TCPA, as defined under 47 U.S.C. § 2227. We shall have the right to immediately terminate this Agreement, subject to Section 9, upon learning of any violation of the TCPA by Affiliate. Affiliate agrees and understands that all costs and expenses, including courts costs and attorney fees, arising from or in any way connected with a violation of the TCPA shall be the sole responsibility of Marketer.
You represent, warrant, and covenant that (a) you will participate in the Affiliate Program and create, maintain, and operate your Site in accordance with this Agreement, (b) neither your participation in the Affiliate Program nor your creation, maintenance, or operation of your Site will violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any governmental authority that has jurisdiction over you (including all such rules governing communications, data protection, advertising, and marketing), (c) you are lawfully able to enter into contracts (e.g. you are not a minor or otherwise legally prevented from contracting), (d) you have independently evaluated the desirability of participating in the Affiliates Program and are not relying on any representation, guarantee, or statement other than as expressly set forth in this Agreement, (e) you will not participate in the Affiliate Program or use any other Service Offerings if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using any Service Offering; (f) you will comply with all U.S. export and re-export restrictions, and applicable non-US export and re-export restrictions consistent with U.S. law, that may apply to goods, software, technology and services, and (g) the information you provide in connection with the Affiliate Program is accurate and complete at all times. You can update your information by contacting 4Freedom Mobile.
We do not make any representation, warranty, or covenant regarding the amount of traffic or fees you can expect at any time in connection with the Affiliates Program, and we will not be liable for any actions you undertake based on your expectations.
This Agreement will begin upon our acceptance of your Affiliate application or upon our signing this Agreement, and will continue unless terminated. Either you or we may end this Agreement at any time, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email, fax, or by logging into your account on the Affiliates Dashboard and selecting the option to close your account in Account Settings. In addition, this Agreement will terminate immediately for any of the following reasons: (a) you are in material breach of this Agreement, (b) you otherwise fail to cure within 7 days of our notice to you regarding any other breach of this Agreement (including any Program Policy); (c) we believe that we may face potential claims or liability in connection with your participation in the Affiliates Program; (d) we believe that our brand or reputation may be tarnished by you or in connection with your participation in the Affiliates Program; (e) your participation in the Affiliates Program has been used for deceptive, fraudulent or illegal activity; (f) we believe that we are or may become subject to tax collection requirements in connection with this Agreement or the activities performed by either party under this Agreement; (g) we have previously terminated this Agreement (or suspended your account) with respect to you or other persons that we determine are affiliated with you or acting in concert with you for any reason, or (h) we have terminated the Affiliates Program as we generally make it available to participants. For the avoidance of doubt and without limitation for purposes of the foregoing subsection (a) any violation of Section 6 and as specified in the Program Policies will be deemed a material breach of this Agreement.
We may hold accrued unpaid advertising fees for a reasonable period of time following termination to ensure that the correct amount is paid (for example, to account for any cancellations or returns).
Upon any termination of this Agreement, all rights and obligations of the parties will be extinguished, including any and all licenses granted in connection with this Agreement.
We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site solely in accordance with the terms of this Agreement and (ii) solely in connection with such this Agreement, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the 4Freedom Mobile Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of 4Freedom Mobile and the goodwill associated therewith will inure to the sole benefit of 4Freedom Mobile.
Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
You represent and warrant that:
This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party; and
You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
4FREEDOM MOBILE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF 4FREEDOM MOBILE ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS, OR SPECIFIC PERFORMANCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless 4Freedom Mobile, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and 4Freedom Mobile. 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
Neither Party may assign its rights or obligations under this Agreement to any other party, except to a party who obtains all or substantially all of the business or assets of the Party.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Delaware without regard to the conflicts of laws and principles thereof.
You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
Any Addendum to this Agreement signed by both Parties are considered to be an integral part of this Agreement. If there is any conflict between the text in this Agreement and the text of an Addendum jointly signed by the Parties, then the Addendum takes precedent.
If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
IN WITNESS WHEREOF, the Parties hereto agree to the terms and conditions set forth above as demonstrated by their signatures and have caused this Agreement to be executed as of the Effective Date:
4Freedom Mobile Affiliate
David A. Sinclair, Managing Member
More detailed explanations
How does it work?
Approvals and Payouts
What should I NOT do as an Affiliate?
Our system automatically monitors all usage of Affiliate Codes and Affiliate Links and red-flags incorrect usage. Affiliate Fees on purchases that were created under any of the following scenarios will be voided. We reserve the right to cancel your account without notice should you violate any of these conditions.
You should not:
We reserve the right to cancel your account and void all Affiliate Fees without notice should you violate any of these conditions.
IN WITNESS WHEREOF, the Parties hereto agree to the terms and conditions set forth in this Addendum 1 as demonstrated by their signatures and have caused this Addendum to be executed as of the Effective Date:
4Freedom Mobile Affiliate
David A. Sinclair, Managing Member
Affiliate Fees: $50
Affiliate Fees listed above only paid for the first purchase made by a new subscriber, when they sign up for the 4Freedom Digital Nomad, 4Freedom World Traveler or 4Freedom VIP subscription at the then current price available on the website without use of any discount code, other than the Affiliate Code, unless specifically agreed by the Parties through the signing by both Parties of an addendum to this Agreement. If the Affiliate Code is also a discount code, then the Affiliate Fee shall become payable only after the first month in which the new subscriber paid the full current price available on the website without use of any discount code. No Affiliate Fees will be paid on any subscription renewals or for any purchases by any individual that has previously been a subscriber of 4Freedom Mobile, as determined in the sole discretion of 4Freedom Mobile. 4Freedom Mobile reserves the right to change these Commission amounts at its own discretion without advanced warning to the Affiliate.
Affiliate Fees: $100
Affiliate Fees listed above only paid for the first purchase made by a new subscriber, when they pre-order or order the 4Freedom Private Phone or 4Freedom Private Phone Pro at the then current price available on the website without use of any discount code, other than the Affiliate Code, unless specifically agreed by the Parties through the signing by both Parties of an addendum to this Agreement. If the Affiliate Code is also a discount code, then the Affiliate Fee shall become payable only after the first month in which the new subscriber paid the full current price available on the website without use of any discount code. No Affiliate Fees will be paid on any subscription renewals or for any purchases by any individual that has previously been a subscriber of 4Freedom Mobile, as determined in the sole discretion of 4Freedom Mobile. 4Freedom Mobile reserves the right to change these Commission amounts at its own discretion without advanced warning to the Affiliate.
IN WITNESS WHEREOF, the Parties hereto agree to the terms and conditions set forth in this Addendum 2 as demonstrated by their signatures and have caused this Addendum to be executed as of the Effective Date:
4Freedom Mobile Affiliate
David A. Sinclair, Managing Member
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