Affiliate Terms and Conditions

Updated 08/01/2018
Overview

UpLaunch is pleased to offer an affiliate marketing program (“The Program”) as a way to encourage growth and reward our current customers and brand ambassadors.

This document will outline the terms and conditions pertaining to The Program. It is subject to change at any time. If the terms and conditions change, all current affiliates will be provided thirty (30) days notice.

Eligibility

UpLaunch offers two affiliate programs, outlined below.

UpLaunch Current Client Program (UCC)

All current UpLaunch clients are eligible to participate as UCC affiliates. All UCC affiliates will be provided a cookie tracking link as well as the ability to make warm referrals to our sales team (see the Sales Tracking section).

UCC Participants are eligible for a 20% payout, in perpetuity, for all recurring revenue that is generated by their sales.

NOTE: All UCC affiliates must remain current UpLaunch clients in order to be an affiliate. If an affiliate terminates their subscription to UpLaunch, they will also terminate their affiliate agreement and forfeit their right to any future payouts.

Fitness Business Owner Program (FBO)

We will evaluate applications from individuals or businesses who are NOT current clients on a case-by-case basis.

We seek FBO affiliates who meet a few simple criteria. Successful FBO applicants will be owners or operators of a business that benefits fitness professionals, The clients whom their business serves will have a demonstrable need for the services and software that UpLaunch provides. Their business will be well-established, with a loyal customer base and sizable marketing reach.

FBO affiliates will, as part of their approval process, agree to joint marketing ventures with UpLaunch, including but not limited to webinars, podcast appearances, marketing to existing email lists, software and service packages, and other ventures as agreed.

FBO affiliate agreements are contractual in nature with variable terms and performance periods.

UpLaunch reserves the right to approve or deny any applicant to the FBO affiliate program for any reason.

Term and Termination

Your contract with UpLaunch begins when you register as an affiliate (thereby accepting these terms and agreements), and will continue month-to-month until either:

* UpLaunch cancels your account due to your breach of any of the terms of this agreement. In the event this Agreement is cancelled due to your breach, you forfeit all commissions and bonuses owed to you or that may in the future be owed to you.

 — or —

* UpLaunch or its successors or assigns, in its sole and absolute discretion, cancels your affiliate agreement. In the event that UpLaunch or its successors or assigns cancels your affiliate agreements, you will first receive thirty (30) days’ written notice, sent to the e-mail address you provided UpLaunch and that is associated with your affiliate profile.

Sales Tracking

All affiliates will be provided an account in the UpLaunch Affiliate Dashboard. Inside of this account, they will each be provided with their own custom affiliate tracking link.

Any visitor to the UpLaunch website who comes through an affiliate tracking link will have a 60-day cookie placed on their browser.

NOTE: UpLaunch tracks by last cookie, meaning that if someone visits our site through Affiliate #1’s link, and then two weeks later visits our site through Affiliate #2’s link, the sale will be attributed to Affiliate #2.

Affiliates also have the ability to make warm introductions to our sales team via email. In that case, we will manually add that lead to the correct affiliate’s account.

Affiliate Changes

A customer has the right to request, through official UpLaunch support channels ONLY, to request a change of affiliate within the first 30 days of their subscription.

A valid customer request within the first 30 days will be honored, even if it means removing the sale from one affiliate and adding it to another.

In that case, both affiliates and the customer will be notified via email of the change.

Affiliate Payouts

Affiliate payouts are made on a 60 day delay, during the first full business week of the following month. This gives time to account for failed payments, chargebacks, cancellations, and refunds before disbursing affiliate payouts.

Example

You are an affiliate and you refer 6 people to UpLaunch. At a price point of $299/mo, your payout would be $360 per month.

In June, all 6 of your accounts pay their bill, and your payout is slated to be the full $360. However, in the first week of July, one of those accounts cancels and is granted a refund for their last month’s payment. Your June payout, in that case, would be adjusted to $300.

You would then be paid $300 for your June accounts during the first full business week of September (60 days from the completion of the month of June)

Intellectual Property & Trademark Use

No logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information (collectively, the “UpLaunch Intellectual Property”) owned by UpLaunch may be used, copied, or reproduced by you except as set forth below.  

No UpLaunch Intellectual Property (or any mark confusingly similar to any UpLaunch Intellectual Property) is to be advertised for sale or registered as a domain name by you in any fashion.

Acceptable Use

* You may use the UpLaunch name and/or official logo while describing the product or service in conversation, social media posts, etc. The use of the UpLaunch name or logo must be utilized in a way that is not likely to confuse readers or cause them to think that you are speaking for UpLaunch.

* It must be clearly evident that you are not part of the UpLaunch brand. You must not attempt to use the “voice” of UpLaunch, or purport to speak on behalf of the UpLaunch brand.

* “Lookalike domains” which forward to your affiliate link under the pretense that they are official UpLaunch domain names are not permitted. Examples: www.getuplaunch.com, www.uplaunchapp.com.

* If you create landing pages or websites to advertise UpLaunch, all pages must display the following disclaimer:

“I am an independent UpLaunch affiliate, not an UpLaunch employee. I receive referral payments from UpLaunch. The opinions expressed here are my own, and are not official statements of UpLaunch, LLC.”

If you have any questions about acceptable use, please contact legal@uplaunch.com. Please note that failure to comply with the above-stated Acceptable Use Policy will result in the termination of your affiliate agreement.

Prohibited Activity

UpLaunch has the right to terminate this agreement at any time if you engage or have ever engaged in any of the following:

* HARMFUL ACTS – Any dishonest or unethical business practice; any violation of the law; infliction of harm to UpLaunch’s reputation; and the violation of the rights of UpLaunch or any third party.

* “SPAMMING” AND UNSOLICITED COMMUNICATIONS – Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to UpLaunch’s reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.

* OFFENSIVE COMMUNICATIONS – Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.

Indemnity

You agree to protect, defend, indemnify and hold harmless UpLaunch, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of the your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against UpLaunch for liability for payments for, damages caused by, or other liability relating to, you.

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