fbpx

4Freedom – Content Creator Agreement

Content Creator Agreement

 

This Content Creator Agreement (the “Agreement”) governs the relationship between 4Freedom Mobile LLC (“4Freedom”), a Delaware corporation with primary offices at 150 E 1st Ave, Suite 206, Salt Lake City, Utah 84103, USA (“Client”) and _______________________________________, (the “Contractor”), referred to individually as a “Party” and collectively as “Parties”. 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 “Contractor”, “you”, “your”, and “yours” refer to the Contractor. 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.

 

BACKGROUND:

Contractor possesses the following experience, skills, and/or knowledge:

 

Creation of Content for social media and other digital platforms.

For the purposes of this Agreement, Content shall mean any video, picture, graphic, blog post, or any other form of written text, graphics, pictures, or anything else that may be published on a website, social media page, or other digital platform, or that may be printed or otherwise turned into physical form.

Client requires the following work to be completed and wishes to engage Contractor to perform such work. THEREFORE, the Parties agree as follows:

  1. Client requests and Contractor agrees to perform the following specific Services (the “Services”):
    1. Creation of new, original, unique Content to be published by the Client on the Client’s website, social media pages, or other digital platforms;
    2. All content must be submitted to the Client for review and approval before being publicly shared anywhere. The Client may require that Content be edited or otherwise changed before approving the Content. The Client is under no obligation to approve Content submitted by the Contractor;
    3. The Contractor shall not have the right to share with anyone any Content created that includes the Client’s brand, logo, or any mention or reference to the Client in any way, without first submitting that Content to the Client and receiving approval from the Client;
    4. All Content submitted to the Client shall become the exclusive property of the Client, and the Client may choose to do or not do whatever the Client wishes with that Content. The Client does not need to ask the Contractor’s permission to do or not do anything with any Content submitted to the Client by the Contractor;
    5. Any other tasks or services that the Client may request during the performance of this Agreement from time to time.

 

Contractor agrees to perform duties and tasks related to the Services as part of the Services.

  1. The Parties agree Contractor will be compensated as follows:
    1. Contractor may choose to be compensated a one-time fee or an on-going fee. Once this decision is made, it cannot be changed and it will apply to all new subscribers generated through Content created by the Contractor.
    2. One-Time Fees: Equal to one (1) month’s subscription renewal fee for each new subscriber generated, excluding all taxes and fees.
    3. On-Going Fees: Equal to 10% of the monthly subscription renewal fee paid by each new subscriber generated, excluding all taxes and fees.
    4. The compensation listed above shall only be paid for the first purchase made by a new subscriber, when they sign up for a subscription at the then current price available on the website without use of any discount code, other than the Contractor’s promo code, unless specifically agreed by the Parties through the signing by both Parties of an addendum to this Agreement.
    5. The Contractor shall be considered to have earned their compensation only when the new subscriber generated by Content created by the Contractor shall have renewed their subscription at least one time at the then full current price for the subscription without any discount applied. No compensation shall be paid to the Contractor for any purchases by any individual that has previously been a subscriber of 4Freedom Mobile, as determined in the sole discretion of 4Freedom Mobile. The Client shall not be obligated to pay the Contractor any compensation for any subscription payment that turns out to be fraudulent, and the Client shall have the right to withhold future compensation from the Contractor in order to recover any compensation paid to the Contractor for fraudulent subscription payments.
    6. 4Freedom reserves the right to change the compensation amounts at its own discretion without advanced warning to the Contractor. No compensation shall be paid for new subscriptions that use multiple promo codes or coupon codes;
    7. Contractor shall be fully responsible for any and all taxes, fees, duties and other payments to any and all government organizations or agencies that may be required as a result of the Contractor’s performance of the Services and/or compensation received for the performance of the Sevices;
    8. Contractor shall be fully responsible for any and all documentation necessary for the Contractor to legally perform these Services in whatever location the Contractor plans to be located during the fulfillment of this Agreement.

 

  1. Ownership of Work Product.As a result of this Agreement, Contractor will create Work Product, including, but not limited to, Content, documents, presentations, reports and the like, physical and/or electronic. All Work Product shall be owned by Client. Contractor does not maintain any rights to this Work Product and shall turn over all Work Product upon the termination of this Agreement.

 

  1. Term.This Agreement shall commence upon the Effective Date, as stated above, and shall have an initial period of one (1) year from the Effective Date, unless either Party shall notify the other Party in writing (including by email) about termination of the Agreement. The Contractor shall be obligated to claim any compensation earned before the date of termination of the Agreement within 30 days of the termination of the Agreement. Except as noted below, the Client shall be obligated to pay the Contractor all compensation earned for the period up to the date of termination of the Agreement within 30 days after the Contractor shall claim the Compensation. If within 30 days of the date of termination of the Agreement the Contractor shall not claim any compensation earned before the date of termination of the Agreement, then the Client shall be under no obligation to pay such compensation to the Contractor.  If neither Party shall terminate this Agreement as described below, it shall automatically renew on a month-to-month basis until terminated by either or both Parties.

 

  1. Independent Contractor Relationship.The Parties agree that Contractor is providing the Services under this Agreement and acting as an Independent Contractor and not as an employee. This Agreement does not create a partnership, joint venture, or any other fiduciary relationship between Client and Contractor. 

 

  1. Confidentiality.During the course of this Agreement, it may be necessary for Client to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to Contractor in order for Contractor to complete the Services. Contractor will not share any of this proprietary information at any time. Contractor also will not use any of this proprietary information for his/her personal benefit at any time. This section remains in full force and effect even after termination of the Agreement by its natural termination or the early termination by either party.

 

  1. Termination. This Agreement may be terminated at any time by either Party upon written notice to the other party. Neither party has any obligation to provide any explanation for the reason of termination of the Agreement. Client will be responsible for payment of all compensation earned by the Contractor and claimed by the Contractor within 30 days of the date of termination of the Agreement, except for in the case of Contractor’s breach of this Agreement, where Contractor fails to cure such breach upon reasonable notice. Upon termination, Contractor shall return all Client content, materials, and all Work Product to Client at its earliest convenience, but in no event beyond thirty (30) days after the date of termination.

 

  1. Grant of Licenses

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 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 necessary for provision of Services under this Agreement. 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.

 

  1. Representations and Warranties

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.

 

  1. Disclaimers

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.

 

  1. Limitations on Liability

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 COMPENSATION FEES PAID TO YOU UNDER THIS AGREEMENT.

 

UNDER NO CIRCUMSTANCES SHALL 4FREDOM MOBILE BE LIABILE TO THE CONTRACTOR OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, WHICH ARE NOT RELATED TO OR THE DIRECT RESULT OF 4FREEDOM’S NEGLIGENCE OR BREACH.

 

  1. Indemnification

You hereby agree to indemnify and hold harmless 4Freedom Mobile, and its subsidiaries and Partners, 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 Content 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 Content created by you or anything included in your own website, social media or other digital or non-digital platform, including, without limitation, Content therein not attributable to us.

 

  1. Severability.In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable. 

 

  1. Waiver.The failure by either party to exercise any right, power or privilege under the terms of this Agreement will not be construed as a waiver of any subsequent or further exercise of that right, power or privilege or the exercise of any other right, power or privilege. 

 

  1. Legal Fees. In the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.

 

  1. Legal and Binding Agreement.This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding worldwide. The Parties each represent that they have the authority to enter into this Agreement.

 

  1. Governing Law and Jurisdiction. The Parties agree that this Agreement shall be governed by the laws of the state of Delaware in the United States of America. In the event of any disputes between the Parties, both Parties shall attempt to resolve such disputes through negotiations in good faith. In the event that the dispute can not be resolved through such negotiations, the Parties each agree to waive the right to a trial by judge or jury for all disputes, except for the Excluded Disputes. “Excluded Dispute” means any dispute relating to the enforcement or infringement of the Client’s intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents). The Parties agree that all disputes, except Excluded Disputes, will be resolved through final and binding arbitration. The Parties agree not to combine a Dispute that is subject to arbitration per this Agreement with a Dispute that is not eligible for arbitration under this Agreement. The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Dispute, and a description of the arbitration process are available at www.adr.org. The arbitrator will decide whether a Dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules. Any Excluded Dispute shall be resolved in the state or federal courts for the state of Delaware. Under no circumstance shall either Party have the right to engage in any form of class action or group dispute under the terms of this Agreement. All disputes shall be resolved on an individual basis between the Client and the individual Contractor in this Agreement.

 

  1. Entire Agreement.The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties.

 

The Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows:

“CLIENT”

 

Signed: _________________________________

 

By: David A. Sinclair

 

“CONTRACTOR”

 

Signed: _____________________________________

By: [enter name here]

Last modified: 18 April 2023

 

PARTNER PROGRAM TERMS & CONDITIONS

 

This is a legal agreement between __________________, a ________ company located at _________________________________________________________________________, (hereinafter, the “Partner”, “Affiliate”, or “Reseller”) 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 Partner. 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.

  1. Description of the Partners Program

The Partners 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 Partner Links or use the agreed Partner 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 Partner Fees for qualifying purchases. Partner 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 Partner 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 Partners 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.

  1. Partner Obligations

To begin the enrollment process, you will complete and submit the online Partner 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 Partners in our program.

As a member of 4Freedom Mobile’s Partner Program, you will have access to a Partner Dashboard. Here you will be able to review our Program’s details and previously-published Partner 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 Partner 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.

  1. Identifying Yourself as a Partner

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 Partner 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 Partner 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.

  1. 4Freedom Mobile Customers

Our customers are not, by virtue of your participation in the Partner 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.

  1. Our Rights and Obligations

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 Partner Program.

4Freedom Mobile reserves the right to terminate this Agreement and your participation in the 4Freedom Mobile Partner Program immediately and without notice to you should you commit fraud in your use of the 4Freedom Mobile Partner 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.

  1. Promotion Restrictions

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 Partner Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.

Partners 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 Partner Program. We will do everything possible to contact the Partner prior to the ban. However, we reserve the right to expel any trademark violator from our Partner program without prior notice, and on the first occurrence of such PPC bidding behavior.

Partners 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).

Partner 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 Partner and non-Partner 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 Partner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Partner banners with any other banners, other than those that are on web sites 100% owned by the Partner.

  1. Telephone Consumer Protection Act (“TCPA”)

Partner represents and warrants that all present and future marketing practices used by Partner 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 Partner. Partner 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.

  1. Warranties

You represent, warrant, and covenant that (a) you will participate in the Partner Program and create, maintain, and operate your Site in accordance with this Agreement, (b) neither your participation in the Partner 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 Partners 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 Partner 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 Partner 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 Partners Program, and we will not be liable for any actions you undertake based on your expectations.

  1. Term and Termination

This Agreement will begin upon our acceptance of your Partner 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 Partners 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 Partners Program; (d) we believe that our brand or reputation may be tarnished by you or in connection with your participation in the Partners Program; (e) your participation in the Partners 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 Partnerd with you or acting in concert with you for any reason, or (h) we have terminated the Partners 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.

  1. Grant of Licenses

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 Partner 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.

  1. Representations and Warranties

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.

  1. Disclaimers

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.

  1. Limitations on Liability

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.

  1. Indemnification

You hereby agree to indemnify and hold harmless 4Freedom Mobile, and its subsidiaries and Partners, 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 Partner 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.

  1. Confidentiality

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.

  1. Miscellaneous

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                                                                        Partner

David A. Sinclair, Managing Member                                          

 

Signed________________________                        Signed________________________

Date__________________________                       Date__________________________

 

 

Addendum 1

More detailed explanations

How does it work?

  1. After Approval of your Partner Program application, you will be issued a unique Partner Code.
  2. You’ll promote our offerings by sharing your Partner Code with your audience.
  3. When a customer uses your Partner Code to make an applicable purchase on the 4Freedom Site, we will reward you with a commission on that sale, hereinafter the “Partner Fee”.  See Addendum 2 for details on applicable requirements to earn the Partner Fee.

 

Approvals and Payouts

  1. Approval into the program is not guaranteed. Approval can take up to 24 to 72 hours.
  2. 4Freedom Mobile holds the right to revoke and remove any person(s) and/or groups from membership into the 4Freedom Partner program for any reason without warning.
  3. 4Freedom Mobile brand and offerings must be displayed tastefully as determined in the sole discretion of 4Freedom Mobile. Any Partner found in violation will have their account terminated and all earnings forfeited.
  4. Payouts only occur 30 days after a completed purchase, pending any returns. Payouts must reach $500 threshold before Payouts may be requested. Payout requests should be submitted through the Partner Dashboard. Payout requests may be submitted no more than one time per month. Any additional Payout requests submitted within one month of a previous Payout Request may be automatically rejected by 4Freedom Mobile.
  5. Other than as noted in 4 above, 4Freedom Mobile will not unreasonably reject any Payout Requests. 4Freedom Mobile will make Payouts no more than one time per month.
  6. Partner Fees structures are solely at the discretion of 4Freedom Mobile and are subject to change.
  7. Partner Program can be closed or changed with or without notice. All participants who have reached payment threshold will be paid out any Partner Fees owed if program is discontinued.
  8. All Partner Fee Payouts are made electronically unless otherwise stated. Partners are responsible for any transaction fees.  

 

What should I NOT do as an Partner?

Our system automatically monitors all usage of Partner Codes and Partner Links and red-flags incorrect usage. Partner 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:

  1. Use Bots to generate leads.
  2. Spam social media groups / channels.
  3. Post your Partner Code on coupon websites, any site in relation to pornographic or illegal activity.
  4. Make false claims of any sort.
  5. Misrepresent the company in any way.
  6. Promote or contain sexually explicit materials.
  7. Promote violence or contain violent materials.
  8. Promote or contain libelous or defamatory materials.
  9. Promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age.
  10. Promote or undertake illegal activities.
  11. Are directed toward children under 13 years of age, as defined by the Children’s Online Privacy Protection Act (15U.S.C. §§ 6501-6506) and any regulations promulgated thereunder.
  12. Include any trademark of 4Freedom Mobile or its Partners, or a variant or misspelling of a trademark of 4Freedom Mobile or its Partners in any domain name, subdomain name, or in any username, group name, or other identifier on any social networking site; or otherwise violate intellectual property rights.

We reserve the right to cancel your account and void all Partner 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                                                                        Partner

David A. Sinclair, Managing Member                                          

 

Signed________________________                        Signed________________________

 

Date__________________________                       Date__________________________

Addendum 2

Partner Fees

Partners may choose to be compensated a one-time fee or an on-going fee. Once this decision is made, it can not be changed and it will apply to all new subscribers generated by the Partner. 

One-Time Partner Fees: Equal to one (1) month’s subscription fee for each new subscriber generated.

On-Going Partner Fees: Equal to 10% of the monthly subscription fee paid by each new subscriber generated. 

Partner Fees listed above only paid for the first purchase made by a new subscriber, when they sign up for a subscription at the then current price available on the website without use of any discount code, other than the Partner Code, unless specifically agreed by the Parties through the signing by both Parties of an addendum to this Agreement. If the Partner Code is also a discount code, then the Partner 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 Partner 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 Partner. No Partner Fees will be paid for new subscriptions that use multiple Partner codes.

Partner Recruitment Fees

Partner Recruiters may request to be paid a one-time fee or an on-going fee. Once this decision is made, it can not be changed, and this same fee structure shall be applied to all Partners recruited by the Partner Recruiter. 

Partner Recruitment One-Time Fees: 1/2 (one half) of the first month’s subscription renewal fee.

Partner Recruitment On-Going Fees: 5% of the monthly subscription renewal fee paid by each new subscriber generated by an Partner recruited by the Partner Recruiter. 

Partner Recruitment Fees listed above will be paid for any new subscriber generated by an Partner that you will recruit to the 4Freedom Mobile Partner Program (the “Recruited Partner”).

4Freedom Mobile will sign an Partner Agreement directly with each Recruited Partner. 4Freedom Mobile reserves the right to continue to work directly with each Recruited Partner, even if this Agreement between you and 4Freedom Mobile will end for any reason. The Partner Recruitment Fees listed above will only be paid to you in the event that the Recruited Partner, in the sole discretion of 4Freedom Mobile, qualifies for Partner Fees for generating a new subscriber based on the Partner Agreement signed by the Recruited Partner and 4Freedom Mobile.

To be clear, 4Freedom Mobile will pay the Partner Recruitment Fee listed above for new subscribers generated by Recruited Partners recruited directly by you. 4Freedom Mobile will not pay any Partner Fees for any new subscribers generated by Recruited Partners that will be recruited by the Recruited Partners you recruited (we only compensate the first 2 tiers; not 3 or more).

In order to qualify for compensation for recruiting a new Recruited Partner, please make sure that the Recruited Partner uses your Partner Recruitment Link in order to sign up as an Partner. If they do not use this link to register as an Partner, then 4Freedom will be unable to relate any activity by that Partner to You.

If you recruit an Partner that does not use your Partner Link to register, please contact 4Freedom Support to request that you be added as that Partner’s Recruiter. The Partner will have to confirm your status as their Recruiter in writing before You can be assigned as the Recruiter for that Partner. No Partner Recruiter compensation will be paid on any activity by an Partner performed before the Partner Recruiter has been assigned to the Partner as their Partner Recruiter.  

 

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                                                                        Partner

David A. Sinclair                                        

 

Signed________________________                        Signed________________________

 

Date__________________________                       Date_____________________

All services provided by Sinclair Telecommunications LLC. All donations to VoltaMovement.org go to fund the research and development of technologies and services to enable individuals to better control their personal data. Terms & Conditions, Privacy Policy and all other policies available here.

Please wait while 4Freedom processes your request.

To use 4Freedom Mobile, please Get a SIM.

Without a 4Freedom SIM, you will be unable to use 4Freedom  Mobile.