Affiliate Agreement

PrivacyPlan Affiliate Agreement

Updated on: 04/23/2019

By signing up to be an Affiliate in PrivacyPlan Affiliate Program you are agreeing to be bound by the following terms.

PrivacyPlan Affiliate Program Terms (“Agreement”) is a legal agreement between CWS Alliance, LLC., a Florida corporation, USA, (“PrivacyPlan”, “CWS Alliance”, “we” or “us”) and you (“Affiliate” or “you”). The purpose of this Agreement is to allow linking between Your Website, your marketing activity, etc. and PrivacyPlan Website.

Please make sure you fully understand the contents of the Agreement. If you have any doubts about any of your rights and obligations resulting from your acceptance of the Agreement, please consult us or obtain legal support.

IF YOU DO NOT AGREE WITH ANY PROVISION OF THIS AGREEMENT, YOU MAY NEITHER CONTINUE WITH THE SIGNUP PROCESS NOR FURTHER PARTICIPATE IN THE PRIVACYPLAN AFFILIATE PROGRAM.

1. DEFINITIONS

“Affiliate” or “you” means any person or legal entity, which completed the signup process on PrivacyPlan Website and became the participant of PrivacyPlan Affiliate Program. You can’t be an Affiliate if you are an individual, corporation, trust, etc. who is in a position to influence CWS Alliance’s decisions. This includes officers, directors, stockholders and employees of CWS Alliance, and their immediate families.

“PrivacyPlan Affiliate Program” is a revenue-sharing program, which CWS Alliance has developed and operates, where you, the Affiliate, use marketing methods to promote our services and drive traffic to PrivacyPlan Website, according to the provisions of this Agreement.

“PrivacyPlan Website” means PrivacyPlan.net.

“Commission” means the monetary compensation you receive, according to the Section 5 hereof, for participating in PrivacyPlan Affiliate Program; the Commission consists of percent of your total sale amount. The sale occurs when an End User visits PrivacyPlan Website through a Reference Link and makes payment for PrivacyPlan Subscription.

“Commission Payment” refers to payments systems, through which you can receive your Commission. You can currently receive your commission through PayPal or Wire transfer. The minimum threshold for PayPal payments is $50 (fifty USD), whereas for a wire transfer, the minimum amount is $1000 (one thousand USD). Payments are processed twice a month: on the 10th and 25th days of each month. If the set day falls on a weekend or public holiday, we reserve a right to make the payment on the first weekday following that weekend or on the first workday, following that public holiday.

“Cookie life period” means 999 days from the date of End User’s first arrival on the PrivacyPlan Website through Affiliate’s Reference Link according to this Agreement.

“End User” means the authorized actual user of PrivacyPlan Service, who registers for an account on PrivacyPlan Website.

“Net Revenue” means the initial PrivacyPlan Subscription fee, any renewal fees, and any upgrade or downgrade fees that are actually paid to PricavyPlan by an End User for PrivacyPlan Service on PrivacyPlan Website. Net Revenue shall: (i) be calculated net of any discounts, taxes payable; (ii) be calculated including any subsequent refunds to End User.

“Reference Link” means a link that leads to PrivacyPlan Website and contains your reference ID. You will receive your reference ID only after becoming the participant of PrivacyPlan Affiliate Program.

“PrivacyPlan Service” means the access to an online marketing platform, applications, and tools, that you view or subscribe for, that are developed, maintained, operated by us, accessible via PrivacyPlan Website.

“PrivacyPlan Subscription” means the subscription for PrivacyPlan Service specified on PrivacyPlan Website.

“PrivacyPlan Website” means PrivacyPlan.net.

“Third Party” means any individual or legal entity, other than the party to this Agreement.

“Your Account” means your account on PrivacyPlan Website, where your information is stored and where you can track your affiliate activity, including payment information.

“Your Website” or “Affiliate Website” means the world wide web site that you state during the signup to PrivacyPlan Affiliate Program, which is owned or operated by you.

2. AFFILIATE RIGHTS

2.1 We grant you, subject to the limitations set forth below, a limited, non-exclusive, non-assignable, non-sub licensable, non-transferable, revocable right to: (i) demonstrate and promote PrivacyPlan Service to your prospects and customers, and (ii) to provide End Users access to use PrivacyPlan Service, in accordance with this Agreement and PrivacyPlan terms and conditions, specified on PrivacyPlan Website, provided that End Users agreed to PrivacyPlan terms and conditions, specified on PrivacyPlan Website.
2.2 You may place banners or Reference Links within your newsletters, on Your Website, or within other web related content.
2.3 You can reach us by sending an email to affiliate@PrivacyPlan.net.

3. AFFILIATE OBLIGATIONS

3.1 You must provide your full legal name, a valid email address, a valid domain name of Your Website and all other information requested in order to complete the signup process on PrivacyPlan Website. All information you provide in your profile must be truthful. You are solely responsible for all the information you provide in Your Account profile and on Your Website.
3.2 As an Affiliate, you can only have 1 account. You can list multiple domains in one account, but only one account is allowed.
3.3 All Affiliates must submit W-8BEN/W-8BEN-E/W9 forms (hereinafter “forms”) on PrivacyPlan Website upon reaching the $50 (fifty USD) threshold. Scanned or electronically filled out and signed copies of these forms must be uploaded to Your Account on PrivacyPlan Website. If forms are not properly filed or submitted on time, payments will be delayed. Your full name in Your Account must match the name on the form. The form must be filled out on behalf of the party receiving the payment. The completed forms must be provided at least 2 (two) business days before the payout date (for payments via PayPal) or at least 2 (two) business days before sending the invoice to PrivacyPlan (for payments via wire transfer).
3.4 You will be solely responsible for the development, operation, and maintenance of Your Website and for all materials that appear on Your Website. You should ensure that materials posted on Your Website do not violate or infringe the rights of any Third Party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights). You will be solely responsible for the accuracy, truthfulness, and appropriateness of materials posted on Your Website. We do not endorse or accept any responsibility for any links, that lead from Your Website to any other website apart from PrivacyPlan Website and for any content that can be found by following these links to Third Party websites.

4. PROHIBITED USES

4.1 You may not use PrivacyPlan Affiliate Program for any illegal or unauthorized purpose. While using PrivacyPlan Service and/or participating in PrivacyPlan Affiliate Program, you must not violate any laws in your area/state/country.
4.2 You cannot promote PrivacyPlan on any gambling websites, websites with adult/hate/violent/defamatory content or any other content that is considered offensive or inappropriate, and any websites that violate third party rights and/or violate any applicable laws.
4.3 Affiliates may not share their Commission, received through PrivacyPlan Affiliate Program, with End Users. Your commission cannot be split in any way between you, your employees and any other Third Party, including End Users.
4.4 You cannot use and mention in any way: (i) the PrivacyPlan brand names as a keyword in your advertising campaigns across all search engines, including any misspellings in the brand names; (ii) Use the PrivacyPlan brand names in the domain names of Your Website, including any misspellings of the brand name.
4.5 You may not modify the trademarks, banners, the content or any of the images provided to you in any way, without our prior written consent.
4.6 Fraud is a serious offense and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually “refreshing” of pages, for the sole purpose of creating Commissions. ANY ATTEMPTED FRAUD OR FRAUD OR ANY HARMFUL ACTION WILL RESULT IN ACCOUNT CANCELATION AND VOIDED COMMISSIONS. Affiliate have to provide all the documents requested by us within 30 (thirty) days in case we notice any potentially fraudulent activities associated with Your Account or coming through your Reference Links. Otherwise, Your Account will be blocked and the Commissions will be canceled.
4.7 You cannot SPAM. We will terminate Your Account on the first offense of spamming. Do not send emails to lists or groups that you do not have permission to send them to. We have the right to deactivate or delete Your Account on the first offense referring to this section.
4.8 You will not receive Commissions for self-referrals and for Affiliates, who violate our PrivacyPlan Affiliate Program Terms. You are also not allowed to refer the company you work for and receive Commissions for that.
4.9 You may not market PrivacyPlan products and services to businesses and organizations outside of the United States.

5. COMMISSION PAYMENT

5.1 To be eligible to earn a Commission, the End User must purchase PrivacyPlan Subscription within the stated Cookie life period of coming to PrivacyPlan Website through the Reference Link from Your Website, email, or other communications. If a sale occurs after Cookie life period expires and the End User has not returned through the Reference Link and purchased the PrivacyPlan Subscription, then no Commission shall occur.
5.2 For the avoidance of doubt, Сommissions shall be paid only for purchases of brand new referrals, that occur after the End User clicked on your particular Reference Link(s) containing your reference ID, directly from the PrivacyPlan Website. In other words, to be eligible for a Commission, the End User you referred shall be a new user for PrivacyPlan, shall use your Reference Link to register and subsequently purchase an account and shall purchase PrivacyPlan Subscription directly from PrivacyPlan Website: Breach Reporting, Privacy Certification and Privacy Bundle subscriptions, in monthly, quarterly, and annual varieties. No commission shall be paid on consulting services.
5.3 Your Commission is a minimum of 20% (of the total sale amount unless otherwise stated herein) and may grow to as much as 25% based upon your total active sales volume. See Addendum 1 for details. Payments are made with the following systems: PayPal and Wire Transfer. Commission Payments via PayPal are processed twice a month: on the 10th and 25th days of each month: payments on the 10th-day cover sales accrued between the 16th and 31st days of the previous month, and payments on the 25th-day cover sales accrued between the 1st and 15th days of the current month. Commission payments via PayPal are made every time Your Account balance reaches a minimum threshold of $50 (fifty USD). Please note that a minimum amount for Wire Transfer is $1000 (one thousand USD). We also draw your attention to the fact that the money credited to Your Account does not accrue interest. Commissions are only earned on paid accounts. If the End User cancels or does not pay for PrivacyPlan Subscription after a trial period is over, asks for a refund or uses limited free registration, no Commissions will accrue. The commission structure is subject to change at our discretion.
5.4 Commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods will be voided. Fraudulent activities will also result in immediate account cancelation.
5.5 All statistics are collected and calculated by PrivacyPlan and will be the only valid statistics used for determining Commissions.
5.6 Сhargeback fee will be deducted from your earned Commission.
5.7 Affiliates must withdraw Сommission within 2 (two) years since it was accrued. After the expiration of this 2 (two) years period, PrivacyPlan has the right to write off the unclaimed Commission.
5.8 From time to time PrivacyPlan may change PrivacyPlan Subscription prices, therefore these changes may affect both the Commission you will earn and the truthfulness of the information you will provide. We cannot guarantee the availability of PrivacyPlan Subscriptions at the prices that you list on Your Website if they are outdated.

6. RECURRING COMMISSIONS

We will pay you Commission for as long as the End User maintains a PrivacyPlan Subscription on the PrivacyPlan Website, provided that you remain eligible to receive a Commission pursuant to the PrivacyPlan Affiliate Program Terms. If at any time the End User account is canceled, suspended or refunded, you will become ineligible to receive Commission on any future fees collected from that End User.

7. TERM AND TERMINATION

7.1 This Agreement starts upon Your Account confirmation through the confirmation link in email you receive during the signup process on PrivacyPlan Website and continues until terminated by either party in accordance with these PrivacyPlan Affiliate Program Terms.
7.2 Either party may terminate this Agreement at any time in its sole discretion with written notice to the other at least 30 days prior to the termination date.
7.3 Notwithstanding the above, PrivacyPlan reserves the right to terminate any User account for abusive or fraudulent activity, for failure to comply with this Agreement, or for any other reason in its sole discretion.
7.4 Termination of this Agreement 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. Upon termination of this Agreement, all rights of the Affiliate specified in this Agreement shall terminate immediately.
7.5 Upon any termination of this Agreement for any reason, all provisions regarding indemnification, warranty, liability and limits thereon, and confidentiality and protection of proprietary rights and trade secrets, and any provisions which expressly or by their nature are required to survive such termination in order to achieve their purpose, shall so survive until it shall no longer be necessary for them to survive in order to achieve their purpose.

8. PUBLICITY

The Affiliate is not permitted to use any of the content of any websites owned and/or operated by PrivacyPlan without written consent of PrivacyPlan and the Affiliate shall not frame any pages or parts of any pages of PrivacyPlan Website or any other website nor will the Affiliate create the impression that the Affiliate Website is PrivacyPlan Website or any part of PrivacyPlan Website. The Affiliate agrees not to make any representations and/or give any warranties and/or guarantees relating to PrivacyPlan Service and/or their efficacy other than those given by PrivacyPlan and/or as otherwise approved by us in writing.

9. OWNERSHIP AND INTELLECTUAL PROPERTY; USE OF TRADEMARKS

9.1 Affiliate acknowledges and agrees that all rights, title, and interest to, any and all intellectual property rights of all types or nature whatsoever, including, without limitation, patent, copyright, trademark, database rights as well as moral rights, know-how and trade secrets (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world, in PrivacyPlan Affiliate Program, PrivacyPlan platform (technology, hardware, software, etc.), any code or software (SDK, API, etc.) which may be provided to Affiliate or End User under this Agreement and any work products created and/or delivered herein and related documentation (forming the PrivacyPlan Website, PrivacyPlan Affiliate Program) are and will remain solely and exclusively our property and/or the property of PrivacyPlan, PrivacyPlan licensors or PrivacyPlan affiliates. Affiliate is granted no title or ownership rights in PrivacyPlan Website or PrivacyPlan Affiliate Program. Affiliate’s right to use PrivacyPlan Website, participate in PrivacyPlan Affiliate Program and any part thereof is strictly limited to the provisions of this Agreement and we reserve all rights not expressly granted herein.
9.2 PrivacyPlan is a trademark, DBA and trade dress and/or service mark of CWS Alliance and/or our affiliates and subsidiaries. Other marks, graphics, icons, names and logos used or displayed on or through PrivacyPlan Website are trademarks, trade dress and/or service marks (“Marks”) of us and our affiliates and subsidiaries or otherwise are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us and may be subject to such third parties’ terms and conditions. Affiliates and End Users may not use any metatags or any other “hidden text” utilizing any of the aforementioned trademarks, trade dress and/or service marks without our and respective owner’s prior written permission. Affiliate’s right to use the Marks is strictly limited to the manner of use as instructed and approved by us, which right may be revoked or changed at any time at our (or the respective owners’ or licensors’) sole discretion. Affiliate will accordingly change or remove such display of materials immediately upon request by us or the respective Mark owners or licensors. Affiliate acknowledges and agrees that Affiliate shall not contest the ownership of the Marks on PrivacyPlan Website for any reason. Affiliate’s use or display of Marks will terminate effective upon the termination of this Agreement, deactivation or deletion of Your Account or upon notification by us or the respective owner or licensor to discontinue such use or display.
9.3 Affiliate hereby grants us a worldwide, non-exclusive, unlimited and royalty-free license to use Affiliate’s brands, names, logos, trademarks, trade names, and service marks as used by Affiliate for informational and advertising purposes only.
9.4 Affiliates are under no obligation to give PrivacyPlan any ideas, suggestions, comments or other feedback related to PrivacyPlan Website, PrivacyPlan Affiliate Program, or the business or operations of PrivacyPlan. If any Affiliate shares ideas, suggestions, comments, or other feedback with PrivacyPlan, PrivacyPlan will own such idea, suggestion, comment or feedback. Affiliate hereby assigns all of Affiliate’s right, title, and interest in such idea, suggestion, comment, or feedback to PrivacyPlan and agrees that PrivacyPlan will be free to use and implement same, without restriction or obligation of any kind, without, however, any obligation to do so.

10. INDEMNITY

You agree to defend, indemnify and hold harmless PrivacyPlan and its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (a) your use of and access to PrivacyPlan Website and participation in PrivacyPlan Affiliate Program; (b) your violation of any term of this Agreement; or (c) your violation of any Third Party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive the termination of this Agreement and your use of PrivacyPlan Website and participation in PrivacyPlan Affiliate Program.

11. AUTHORITY

Each party represents and warrants to the other party as to itself that the person executing this Agreement is authorized to do so on such party’s behalf. IF YOU ARE AN INDIVIDUAL, YOU REPRESENT AND WARRANT THAT YOU WERE AT LEAST 18 YEARS OF AGE ON THE EFFECTIVE DATE OF THIS AGREEMENT. If you are under 18, please do not attempt to participate in PrivacyPlan Affiliate Program or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 18 without verification of parental consent, we will delete that information as quickly as possible.

12. NON-INFRINGEMENT WARRANTIES

You represent and warrant that: (i) you have all appropriate authority to operate, and to post any and all content on Your Website(s); (ii) you have all appropriate rights to promote with any promotional method you may choose to use; (iii) Your Website(s) and your promotional methods do not and will not infringe a Third Party’s or PrivacyPlan’s proprietary rights; and (iv) you shall remain solely responsible for any and all Your Website(s) and all of your promotional methods. PrivacyPlan may or may not review all content on Your Website(s) or used by you in your promotional methods.

13. DISCLAIMER OF WARRANTIES

EXCEPT WHERE PROHIBITED BY LAW, PRIVACYPLAN AFFILIATE PROGRAM AND PRIVACYPLAN WEBSITE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE PRIVACYPLAN AFFILIATE PROGRAM OR THE PRIVACYPLAN WEBSITE (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WE FURTHER MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON ANY SITES LINKED TO ON THE PRIVACYPLAN WEBSITE.

14. LIMITATION OF LIABILITIES

14.1 In no event shall PrivacyPlan, its officers, directors, employees, or agents, be liable to you or to any Third Party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising from or related to either this Agreement, or use of PrivacyPlan Website or participation in PrivacyPlan Affiliate Program. Our liability to you for any damages arising from or related to this Agreement, will at all times be limited to the greater of (a) $50 (fifty USD) or (b) Commission you received in the prior 12 (twelve) months (if any). The existence of more than one claim will not enlarge this limit. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
14.2 The Affiliate accepts that the operation of the PrivacyPlan Affiliate Program, Reference Links or PrivacyPlan Website may not be completely free of interruption, errors or omissions and PrivacyPlan is not liable for the consequences of any interruptions or errors in the performance or content of the PrivacyPlan Website or Reference Links.
14.3 PrivacyPlan does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by the Third Party through PrivacyPlan Website, hyperlinked website or Reference Links or featured in any banner or other advertising, and PrivacyPlan will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party providers of products or services.
14.4 We make no representations that PrivacyPlan Affiliate Program or PrivacyPlan Website are appropriate or available for use in all locations. Those who access or use PrivacyPlan Website or participate in PrivacyPlan Affiliate Program from jurisdictions prohibiting such use, do so at their own volition and are responsible for compliance with local law.
14.5 We reserve the right to use Third Party service providers in the provisions of all or part of the Agreement including, but not limited to, hosting providers, payment processing services, information and communication services, analytics services, internet advertising platforms, advertising service providers and platforms. Where any of the aforementioned services are provided by third parties, the Affiliate may be subject to such Third Party’s terms and conditions. We accept no responsibility for services provided by any Third Party.

15. FTC Endorsement Compliance

15.1 It is the intent of PrivacyPlan to treat all of our customers fairly. Accordingly, we require all PrivacyPlan Affiliates to comply with applicable laws, regulations and guidelines concerning advertising and marketing, including without limitation, the Federal Trade Commission (FTC) Endorsement Guides, which require that material connections between advertisers and endorsers be disclosed. This means that all Affiliate Sites (e.g. directories, review/rating websites, blogs, and other websites) and any email or collateral that provide an endorsement or assessment of PrivacyPlan’s Products and Services must prominently disclose the fact that you receive compensation for Referred Customers.

15.2 For more information and suggestions about how to comply with these guidelines, please visit our page entitled “Affiliate Disclosure Requirements and Examples.” Please note that this page is only intended to provide guidance. It does not purport to provide legal advice and it does not guarantee that you’ll be in compliance with FTC regulations should you follow the suggestions presented. You are advised to seek and obtain your own legal advice on how these rules apply to your website or other promotional activities for which you receive compensation.

15.3 PrivacyPlan reserves the right to withhold Commission Fees and cancel the affiliate relationship with you should we determine, at our sole discretion, that you are not in compliance with the previously mentioned guide or other FTC regulations or guides that we deem relevant.

16. Data Security

In addition to the obligations set forth in Section 4 (FTC Endorsement Compliance), Affiliate shall comply with all applicable data protection laws regarding the transmission of data exported to or from the United States or the country in which Affiliate resides, including without limitation, the General Data Protection Regulation 2016/679 of European Parliament and of the Council of 27 April 2016 (the “GDPR”). Affiliate, as a controller under the GDPR, shall also implement appropriate technical measures to ensure a level of security appropriate to the risk, taking into account the nature, scope, context, and purpose of processing any personal data. Affiliate agrees to promptly assist PrivacyPlan in complying with any data subject rights request under the GDPR that PrivacyPlan may receive from any individuals referred to PrivacyPlan by Affiliate. Affiliate further agrees to promptly assist PrivacyPlan in complying with any duties to cooperate with supervisory authorities under the GDPR.

17. MISCELLANEOUS

17.1 Assignment. This Agreement, any part thereof or any rights or obligations under it may not be novated, assigned, outsourced or transferred by you without our advance written consent, but may be assigned by us without restriction or limitations. Any assignment or transfer in violation of the aforementioned provisions shall be deemed null and void. Subject to the foregoing, the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
17.2 Force Majeure. We shall not be liable for failing or delaying performance of our obligations resulting from any condition beyond our reasonable control, including but not limited to, use of third parties’ equipment or services, communications failure, governmental action, war, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
17.3 Headings and References. Headings of Sections are for the convenience of reference only. Words indicated in quotes and capitalized signify an abbreviation or defined term for indicated words or terms, including those definitions contained in the opening paragraph.
17.4 Relationships. You and us are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representatives, 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 otherwise, that reasonably contradict anything in this Agreement.
17.5 Choice of Law. This Agreement and all matters arising therefrom and any dispute arising between the parties in connection with this Agreement shall be governed and construed in accordance with the laws of United States of America and State of Pennsylvania notwithstanding the conflict of law provisions thereof. The federal and/or state courts in the State of Pennsylvania, as applicable, shall have exclusive jurisdiction in any legal proceedings resulting from or connected with this Agreement, and the Affiliate hereby irrevocably submits to such exclusive jurisdiction. However, this shall not prevent us from bringing any action in the court of any other jurisdiction for injunctive or similar relief.
17.6 Tax Status and Obligations. PrivacyPlan is not obligated to and shall not provide you with tax and/or legal advice. PrivacyPlan undertakes no duty to investigate or research your tax status and/or obligations, and such research and investigation is solely your responsibility. You are obligated to independently assess and comply with all relevant tax and legal requirements, and you are responsible for your own sales tax collection and reporting obligations arising from Commission income. If PrivacyPlan provides you with information, that information shall not be deemed tax or legal advice, and PrivacyPlan shall not be responsible for the accuracy of such information.
17.7 Entire Agreement. This Agreement, together with the Privacy Policy, shall constitute the entire agreement between you and PrivacyPlan concerning your use of the PrivacyPlan Website and participation in PrivacyPlan Affiliate Program. However, terms and conditions of some other PrivacyPlan service and products may impose additional terms, which can be found in the terms and conditions for such services and products.
17.8 Languages. This Agreement is in the English language, which prevails over any translations of it to other languages, made by us and provided to you for your convenience, as applicable. PrivacyPlan Affiliate Program is designed in the English language and its translations into other languages may contain inaccuracies for which we shall not bear any responsibility; we suggest using the English version and resorting to versions in other languages only for references and at your own risk. You also agree to have all communications with us in English.
17.9 No Waiver. No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy; and will not be construed as a waiver of any subsequent breach or default under the same or any other provision of this Agreement.
17.10 Severability. All the provisions of this Agreement are distinct and severable. If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, this shall not impair the operation of this Agreement or affect the other provisions which are valid.
17.11 Privacy. Participation in PrivacyPlan Affiliate Program is also governed by our Privacy Policy, the provisions of which are adopted herein by reference so when we refer to this Agreement we also refer to the Privacy Policy.
17.12 Marketing. You agree that PrivacyPlan may identify you as a PrivacyPlan Affiliate and may use your name and/or logo solely for such purpose in its marketing materials.
17.13 Amendment. PrivacyPlan have the right to change, modify or amend (“Change”) these PrivacyPlan Affiliate Program Terms, in whole or in part, by posting a revised PrivacyPlan Affiliate Program Terms on PrivacyPlan Website. Your continued participation in PrivacyPlan Affiliate Program after the date of such Change shall be deemed your acceptance of the revised PrivacyPlan Affiliate Program Terms.
17.14 Acknowledgment. You confirm that you have read, acknowledge and agree to all the terms and conditions of PrivacyPlan Affiliate Program Terms. You acknowledge that you have independently evaluated the desirability of accepting PrivacyPlan Affiliate Program Terms and are not relying on any representation, guarantee, or statement other than as set forth in PrivacyPlan Affiliate Program Terms.
17.15 Electronic Notices. You agree to receive communications from us in an electronic form. Electronic notices will be delivered to your email address, which you used for registration purposes, as it may be subsequently changed by you by written notice to us. All communications in electronic format will be considered to be “in writing” and to have been received on the day that we send them. We reserve the right, but assume no obligation, to provide communications in paper format.
17.16 Notices. All notices, requests, claims, demands and other communications regarding these PrivacyPlan Affiliate Program Terms are welcomed and should be addressed to affiliate@PrivacyPlan.net

18. CONTACT INFORMATION

Tel.: +1 (772) 301-5424
Mail: affiliate@PrivacyPlan.net

Addendum 1: PrivacyPlan Affiliate Payout Model

Commission Scales With Volume of Active Customers

 Sales # From
  Sales # To
 Commission
 1
 249
 20%
 250
 5000
 25%


Affiliate Commission Revenue Estimates

 Sales
 Quarterly Rev Est.
 Yearly Rev Est.
 125
 $3,000
 $12,000
 250
 $7,500
 $30,000
 1000
 $30,000
 $120,000
 2100
 $63,000
 $252,000


* Estimates based on Privacy Bundle sales at $120 per Quarter. Assumes $0 additional revenue from large org licensing.