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By signing up to be an Affiliate in the Fireball Run Affiliate Program
(“Program”) you are agreeing to be bound by the following terms and conditions
(“Terms of Service”).
Fireball Run 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://affiliate.fireballrun.com/terms.php
Violation of any of the terms below will result in the termination of your
Account and forfeiture of any outstanding affiliate commission payments
earned during the violation. You agree to use the Affiliate Program at your own
risk.
Account Terms
- You must be 18 years or older to be part of this Program.
- You must live in the United States to be an Affiliate.
- You must be a human. Accounts registered by “bots” or other automated
methods are not permitted.
- You must provide your legal full name, a valid email address, and any
other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by
multiple people is not permitted. You may create separate logins for as many
people as you'd like.
- You are responsible for maintaining the security of your account and
password. Fireball Run cannot and will not be liable for any loss or damage
from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs
under your account (even when Content is posted by others who have accounts
under your account).
- One person or legal entity may not maintain more than one account.
- You may not use the Affiliate Program for any illegal or unauthorized
purpose. You must not, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws).
- You may not use the Affiliate Program to earn money on your own Fireball
Run product accounts.
Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Affiliate Program, you will be assigned a
unique Affiliate Code. You are permitted to place links, banners, or other
graphics we provide with your Affiliate Code on your site, in your emails, or in
other communications. 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 Product Sites. You must ensure that each of the links between your site
and the Product Sites properly utilizes such special link formats. Links to the
Product Sites placed on your site 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 the Fireball Run site
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 or
incorrectly type your Affiliate Code, 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.
Affiliate links must point to the home page of the product being promoted.
Deep links, or links to other pages inside the product site will not
earn credit.
Referral fees/commissions and payment
For a Rally Entry to be eligible to earn a referral fee, the customer must
click-through a Special Link from your site, email, or other communications to
the Fireball Run site and sign up for an entry during that session. The session
ends once someone closes their web browser, navigates away from the Product
Site, or otherwise leaves the Product Site without signing up for a product
before leaving the site. If they leave the site, come back later on their own,
and then purchase an entry, you will earn a commission as long as they have not
clicked on another affiliates advertisement or cleared their browser cache.
There is one type of referral fee that can be earned:
- Sign-up commissions
Sign-up commission of $500 is earned once the customer has made their first
payment. Commissions are only earned if a customer makes a payment.
The commission structure is subject to change at our discretion. We will
notify all Affiliates 30 days prior to a commission structure change.
Commissions earned under the previous structure will be paid under the previous
structure. Commissions 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 if it was not tracked by our
system. We can only pay commissions on business generated through properly
formatted special links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent,
illegal, or overly aggressive, questionable sales or marketing methods..
Payments by PayPal
Commissions are paid by PayPal and only by PayPal. We can not send checks,
credit credit cards, or send cash. You are required to have a PayPal account to
receive commissions. If you don't have a PayPal account you can sign up for one
at any time, but you will not be paid until you have one.
Identifying yourself as a Fireball Run Affiliate
You may not issue any press release with respect to this Agreement or your
participation in the Program; 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 Fireball Run Adventurally, 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 purchase products through your affiliate links for your own use.
Such purchases may result (in our sole discretion) in the withholding of
referral fees and/or the termination of this Agreement.
Payment schedule
As long as you are a current affiliate in good standing, you'll be paid
roughly every 45 days. Payments are only made via PayPal.
Customer definition
Customers who buy products 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 product 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 products sold
under this Program in accordance with our own pricing policies. Product prices
and availability may vary from time to time. Because price changes may affect
Products that you have listed on your site, you should not display product
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 product.
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:
- The technical operation of your site and all related equipment
- 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)
- The accuracy, truth, and appropriateness of materials posted on your
site (including, among other things, all Product-related materials and any
information you include within or associate with Special Links)
- 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)
- Ensuring that materials posted on your site are not libelous or
otherwise illegal
- 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.
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 you or we may
terminate this Agreement at any time, with or without cause, by giving the other
party written notice of termination. Upon the termination of this Agreement for
any reason, you will immediately cease use of, and remove from your site, all
links to any Product 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. Fireball Run reserves the right to end the
Program at any time. Upon program termination, Fireball Run will pay any
outstanding earnings accrued above $100.
Termination
Fireball Run, 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 Fireball Run 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. Fireball Run reserves the right to refuse service to anyone for any
reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will
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.
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
We make no express or implied warranties or representations with respect to
the Program or any products sold through the Program (including, without
limitation, warranties of fitness, merchantability, non-infringement, 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 Product
Sites will be uninterrupted or error-free, and we will not be liable for the
consequences of any interruptions or errors.
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 Orange County Florida 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 Washington (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 Florida 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 Fireball Run 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 Fireball
Run and govern your use of the Service, superseding any prior agreements between
you and Fireball Run (including, but not limited to, any prior versions of the
Terms of Service).
Notice
Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:
2010 Events LLC
1000 Universal Studios Plaza
Producers Building 22a
Universal Orlando, 32819
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