Last updated: June 19, 2019
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND “THE LAUNCHPAD GROUP, INC” (DBA “Launchpad Data”).
Please read the terms and conditions of this ambassador program agreement carefully before you join our program or begin marketing our services. These terms and conditions are written in plain language intentionally avoiding legalese to ensure that they may be clearly understood and followed by our Ambassadors. Each Ambassador is responsible for assuring that they comply with this agreement.
BY SUBMITTING THE ONLINE APPLICATION TO JOIN OUR AFFILIATE PROGRAM, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT.
As used in these terms and conditions: (i) “We”, “us”, or “our” refers to The Launchpad Group, Inc and our website; (ii) “you” or “your” refers to the Ambassador; (iii) “our website” refers to The Launchpad Group, Inc’s website located at www.TheLaunchpadData.com (iv) “your website” refers to any websites that you will link to our website; (v) “Program” refers to The Launchpad Group Ambassador Program.
To begin the enrollment process, you will complete and submit the online application. After receiving your application, we will review it and notify you of your acceptance or rejection into our Program. Please allow up to 48 hours for your application to be reviewed. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time.
We reserve the right to reject any application for any reason, however we encourage you to contact us if you feel we have made an incorrect decision.
Your participating website(s) or social media platform(s) may not:
1. Infringe on our or anyone else's intellectual property, publicity, privacy or other rights.
2. Violate any law, rule or regulation.
3. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
4. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
5. Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of data credits from another website. This includes toolbars, browser plug-ins, extensions and add-ons.
Upon acceptance into the Program, links will be made available to you through the interface. You will be able to review the Program's details and previously published Ambassador newsletters, download HTML code that provides for links to web pages within our website and banner creatives, browse and get tracking codes for any promo coupons and deals.
Your acceptance in our program means you agree to and abide by the following.
1. You will only use linking code we provide you for each banner, text link, or other affiliate link obtained from the ambassador interface without manipulation.
2. We reserve 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.
3. All domains that use your affiliate link must be listed in your affiliate profile.
4. Your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, framing of our Website in any manner.
5. You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating).
6. Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain (also known as cloaking) is prohibited.
If you are found redirecting links to hide or manipulate their original source, your current and past data credits will be voided, or your data credits will be set to 0%. This does not include using "out" redirects from the same domain where the affiliate link is placed.
7. 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.
8. 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.
9. You will not, in connection with this Agreement, display or reference on your site, any trademark or logo of any third party seller appearing on our website unless you have an independent license for the display of such trademark or logo; use any data, images, text, or other information obtained by you from us or our website in connection with this Agreement only in a lawful manner and only in accordance with the terms of this Agreement.
10. We grant you a limited, nonexclusive, non-transferable, revocable right to use the graphic image and text solely for the purpose of you participating in the Program. You may not modify the graphic image or text in any way. All of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights are reserved. Should we decide to revoke your license, we will give you notice.
11. You acknowledge our ownership of our licensed materials, agree that you will not do anything inconsistent with our ownership and that all of your use of the licensed materials will be to the benefit of, and on behalf of, the Program. You agree that nothing is this Agreement gives you any right, title or interest in the licensed materials other than the right to use the licensed materials in accordance with this Agreement. You also agree that you will not attack our title to the licensed materials or the validity of the Licensed Materials or this Agreement.
You shall not create, publish, distribute, or print any written material that makes reference to our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via e-mail campaigns, you must adhere to the following:
1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.
2. E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of us.
3. E-mails must first be submitted to us for approval prior to being sent or we must be sent a copy of the e-mail.
Promotion on LinkedIn, Facebook, Twitter, Instagram, YouTube and other social media platforms is permitted following these general guidelines:
1. You ARE allowed to promote offers to your own lists; more specifically, you're welcome to use your Dedicated Ambassador Promo Code on your own LinkedIn, Facebook, Twitter, etc. pages.
2. You ARE PROHIBITED from posting your Ambassador links on OUR LinkedIn, Facebook, Twitter, etc. accounts or company pages in an attempt to turn those links into Ambassador sales.
3. You ARE PROHIBITED from running paid social media ads with our trademarked company name.
4. You ARE PROHIBITED from creating a social media account that includes our trademark/s in the page name and/or username.
If you are conducting business in, or engaging with persons from, other countries, you will follow the laws of those countries. For example, you will comply with the European Union's Privacy and Electronic Communications Directive, as well as the General Data Protection Regulation (GDPR), if you are conducting business in or taking orders from persons in one or more of the European Union countries.
We reserve the right to terminate this Agreement and your participation in the Ambassador Program immediately and without notice to you should you commit fraud in your use of the Program, or should you abuse this program in any way. If such fraud or abuse is detected, we shall not be liable to you for any data credits for such fraudulent sales.
This Agreement will begin upon our acceptance of your Affiliate application and will continue unless terminated hereunder.
1. Either you or we may end this Agreement AT ANY TIME, with or without cause, by utilizing the respective functionality of the Ambassador platform. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
2. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site and/or social; media profile(s), all links to our website, 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.
3. You are eligible to earn data credits only on qualifying sales that occur during the term, and data credits earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and the Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in the Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
Customers who buy products through this Program are our customers. All of our standard policies and operating procedures will apply to these customers. We may change our policies and operating procedures at any time. Product prices and availability may vary from time to time.
1. Only Data Sales made by customers who use your specific Ambassador Promo Code on our website are considered 'direct sales'.
2. We will be responsible for processing orders and will handle all customer service issues. We will track sales by customers who purchase Data using your dedicated Ambassador Promo Code.
Ambassadors will receive 10% off any data purchases they make when they use their dedicated Ambassador Code. Ambassadors receive a further 15% in the form of a data credit, which is immediately applied to their Launchpad account upon completion of every purchase they make using their Promo Code. When other customers, utilizing the Ambassador’s dedicated promo code, make a purchase, they receive 10% in the form of an immediate discount to their purchase and the Ambassador (who’s promo code they are using) will receive a 15% data credit to their account once the purchase is finalized.
We take pride in our low reversal rate, which we attribute to open communication with our Ambassadors and data purchasing customers. However, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions. Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.
1. You are not forthcoming, intentionally vague or are found to be lying.
2. You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile.
3. You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.
4. If any of the above apply, then we reserve the absolute right to reverse orders, set your data credit to 0% or suspend you from the program for the period or orders in question or terminate you from the program altogether. We know that many violations are a result of automated processes; however, it is incumbent upon each ambassador to ensure that they have the appropriate checks and balances in place to pro-actively address these issues and adhere to our program rules.
1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, 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.
2. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Ambassador Program. You agree that all uses of the Licensed Materials will be on behalf of the Program and the good will associated therewith will inure to the sole benefit of us.
3. 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 its respective rights in the proprietary materials covered by this license. Other than the license granted in this Ambassador Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
4. Except for the limited license granted under this section, you do not obtain any rights under this Ambassador Agreement to any intellectual property, including, without limitation, any intellectual property with respect to our Ambassador Program, link formats, technical specifications, guidelines or graphical artwork referenced above, or with respect to our domain name.
You represent and warrant that:
1. This Ambassador 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;
2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Ambassador Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
3. You have sufficient right, title, and interest in and to the rights granted to us in this Ambassador Agreement.
THE LAUNCHPAD GROUP, INC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING OUR PROGRAM, SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF OUR 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), 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 MERCHANT'S 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 DATA CREDITS PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless The Launchpad Group, Inc, 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 ambassador 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 Ambassador 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. 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 us. 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 website or social media platforms, that reasonably would contradict anything in this Section.
2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
3. This Agreement shall be governed by and interpreted in accordance with the laws of the United States and the State of Delaware without regard to the conflicts of laws and principles thereof.
4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
5. This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.
6. 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.
7. 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.
8. 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.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME ADMIT OTHERS INTO THE PROGRAM ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT. 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.