Welcome to ROKNE! Thanks for joining the ROKNE Ambassador Program.
This agreement (“Agreement”) is between you (the “Ambassador”)
and ROKNE. It contains the complete Terms & Conditions of the ROKNE Ambassador
Program. (Please Note: "we", "us", and
"our" refer to ROKNE, and "you", "yours",
"your" refers to the ROKNE Ambassador Program applicant.) The
term of this agreement will begin once you are accepted into the ROKNE Ambassador
Program and will end upon notice of termination from either you or ROKNE.
Please fully read and understand this Agreement before making the
application. Your application to become an Ambassador constitutes
your full knowledge and understanding of this Agreement. Once
accepted into the ROKNE Ambassador Program, you agree to remain in complete
compliance with this Agreement.
Rights and Restrictions
1. We reserve the right to approve or reject ANY ROKNE Ambassador
Program registration in our sole and absolute discretion. You will have no
legal recourse against us for the rejection of your ROKNE Ambassador Program registration.
1.1. All Ambassadors are required to be of legal age to enter into a
contractual agreement.
1.2. Affiliate Links and Coupons are automatically
generated, but you can also generate an affiliate link for a specific product
or collection. If a person clicks on someone else’s referral link and then
later they click on yours, yours is the one that counts. An Ambassador may or may not be assigned to one coupon code
with details and usage clarified on the Dashboard. If customers
both click on the affiliate link and use the coupon code, you will not receive
a double commission. If you’re not assigned a branded coupon, then you’re not
allowed to promote the coupon.
Ambassadors may also advertise merchant websites on online channels such
as Facebook, Instagram,... or offline classified channel ads, magazines, and
newspapers.
1.4 If the Network tab is activated, the Ambassador can
invite others to become their downline Ambassador. If any downline Ambassador
brings order to the merchant shop, the upline ambassador will also get network
commission which depends on merchant settings. To invite other Ambassadors into
the system, share network link and any other Ambassadors who click on that link
and sign up will become a downline Ambassador.
Cancellation
2. The Ambassador account may be canceled by ROKNE at any time for any
reason we feel appropriate. Reasons include, but are not limited to, slander,
misrepresentation of ROKNE, spam e-mail used to promote the Ambassador, posting
ROKNEs links on unapproved websites, uploading Ambassador’s code through the
use of unapproved methods or websites that we feel might bring ROKNE disrepute,
etc.
2.1 All Ambassadors may cancel their account with ROKNE at any time and
for any reason. If an Ambassador wishes to be removed from the program, they
can do so by contacting: info@roknepickleball.com
2.2 Ambassador accounts are non-transferable. The Ambassador
account will belong to the original registered owner until such time as the
account is canceled by either party.
Access to Account Management Services
3. Immediately after your acceptance into the ROKNE Ambassador Program
you will be e-mailed links, passwords, and the related information necessary to
gain access to your dashboard. From here you may manage your account and
set its parameters. We suggest you keep these invaluable links in a safe
place and in a place that is easily accessible to you. If for any reason
you lose this information we will be able to re-send it to you.
Use of Graphics & Links, Limitations of Use, and Cookie Periods
4. IMPORTANT: Only HTML code and approved linking information are to be
used for the Ambassador’s website. Failure to do so will result in
misappropriated commissions, for which ROKNE will not be responsible. All
of the links, graphics, and account management information will be provided to
the Ambassador after their acceptance into the program. In no way is the Ambassador
to use graphics or links not approved by ROKNE.
4.1 Once a viewer clicks on an affiliate link and places an order with ROKNE
that viewer becomes the sole customer of ROKNE. Except as otherwise
permitted by ROKNE, the Ambassador will not have access to the customer’s
account information, contact information, and will not be allowed to
communicate with the customer in regards to their order(s) placed with ROKNE.
ROKNE is responsible for all fulfillment, processing, shipping, and
after-order inquiries made by the customer.
4.2 This agreement does not constitute a joint venture, partnership,
franchise, or other representative business of ROKNE. The Ambassador is
being paid as an independent contractor and in no way is this to be interpreted
as representation or endorsement by ROKNE.
The Ambassador in no way shall be construed as an employee of ROKNE.
4.3 ROKNE may at any time refuse any particular link, text, or referring
graphic used to forward a viewer to the ROKNE website. Only approved
links, banners, graphics, and text may be used.
4.4 The use of ROKNE affiliate links, or links referring to a particular affiliate
link is strictly prohibited through the use of junk mail, e-mail server
programs, spam, hit distribution networks, pay-per-click programs, or through
mass distribution in chat rooms, etc. ROKNE holds sole discretion on
what is termed as "inappropriate use" and may at any time close an
account if we are given information on inappropriate use.
4.5 We use a cookie to track people who have clicked on your link, so they need
to be using cookies for us to track them. If a person doesn't allow cookies or clears their cookies
then we can't track them so can't pay earnings on that person's activity. The cookie period for the ROKNE Ambassador Program is
exactly 60 days. After this 60-day period, the viewer must come back to
the Ambassador's website and proceed to click a link for a commission to be
earned. The tracking day will start from
the time a customer clicks on the affiliate link or uses the coupon. Within the
cookie time, every order made by this customer at merchant website will
automatically result in commissions to the Ambassador (there’s no need for the
customer to click on the affiliate link then).
4.6 IMPORTANT: Commissions will not be reported or recorded by
viewers who have set their cookie protection settings to a high standard.
This may block and prevent the necessary cookies from being installed thus
preventing the accrual of commissions that you as the Ambassador may earn.
4.7 IMPORTANT: ROKNE is not responsible for sales lost through
high-security settings, firewall parameters, or any other settings or equipment
that prevents the necessary cookies from being installed.
4.8 Ambassadors are solely responsible for the development, operation,
maintenance, and technical operation of their websites including all materials
that appear on their websites and related equipment.
Commissions and Payment
5. Monthly payout to the Ambassador will accrue in their account until the
last day of each month. We will not make payments or reimbursements to Ambassador
at any other time. This helps us manage overhead and accounting
fees. All commission payouts will be processed on the last day of each
month.
5.1 Refer any customer to make a purchase on our website, you will get a
commission amount which is calculated based on Commission structure. Commission
amount is dependent on order value and does not include the extra fees (tax,
shipping cost,...). For an Ambassador to receive a commission, you need to
specify the payment details on Settings. The payment schedule will be notified
on the Guide page. Payments will only be sent for transactions that have been
successfully completed. Use of the Ambassador program is subject to a fair use
policy which gives merchants the right to review each and every referral order.
Status of commission if displayed in Commission tab, any paid commission will
be listed on Payment tab. Transactions that result in chargebacks or refunds
will not be paid out. You will not receive a commission on orders that are paid
via any other method. In addition, you will not receive a commission on
special discounted promotions, shipping charges, or taxes.
5.2 Commissions can be voided within your account for reasons which we
will feel are appropriate. This is usually the result of fraudulent
orders, excessive clicks from the same IP address declines from the referred
customer's credit card or other reasons that facilitate garnishment of
commission. In the event that this occurs you will be notified
immediately.
5.3 We will not be responsible for lost commissions due to improper
coding or inoperative links.
5.4 Payouts to all Ambassadors will be made via PayPal.com ONLY.
There are NO exceptions. If you do not currently have a PayPal.com account,
or if you are unable to receive payments via PayPal.com for whatever reason, then we
will be unable to pay you the commission earned and your account will be
terminated.
Fraudulent Orders & Orders Outstanding
6. It is possible that we may receive an order that is illegitimate and
fraudulent. This usually takes place with a stolen or dispossessed credit
card. In the event that we receive an order, which we have conclusive
evidence of being fraudulent, we will cancel the order entirely and
decommission your account for 10%. If this is to occur you will be
notified immediately.
6.1 ROKNE reserves the right to decide whether or not a viewer from your
website will be serviced, sold to, or otherwise catered to.
Grant of License & Restricted Use
7. ROKNE grants you a non-exclusive, non-transferable, revocable right to
use our banners, advertisements, links, trademarks, logos and HTML used solely
for the purpose of advertising ROKNE.
7.1 ROKNE holds sole editorial discretion on how links are worded, or
described on the Ambassador’s website. ROKNE is not responsible for the
creation of the links, which may be posted on your website and will only be
involved with editorial review. You also agree to fully cooperate to work
with ROKNE to maintain and manage links.
7.2 All content on the ROKNE’s website including links, banners, text,
etc, leading to any or all content within ROKNE’s website is the sole
responsibility of the Ambassador. Because of the constantly changing
nature of ROKNE’s website, we hold it to be the Ambassador’s
responsibility to update and manage their own links leading to the ROKNE
website. We are not responsible for alerting the Ambassador or making
recommendations on when we anticipate changing the links or directions to
content on the ROKNE website.
7.3 If ROKNE believes that fraudulent clicks have been recorded within
your account as a result of masking links, multiple clicks or through embedding
the code in a hidden fashion within your pages, or if the commission links have
been exploited in any other way, we reserve the right to cancel any or all
commissions and if necessary, close the account.
Tax Reporting Responsibilities
8. All Ambassadors are required to provide Social Security numbers or tax
ID numbers at signup.
8.1 Once an Ambassador has accrued over $600.00 dollars in commission
payouts, we must request and receive the social security number of the Ambassador
who is receiving payments from ROKNE. The Internal Revenue Service (IRS)
requires us to submit a 1099 tax form for contracted business services and
because the Ambassador is paid and recognized as a "contractor", this
information needs to be accurately gathered and submitted to the IRS. In
the event that Ambassador fails to provide this information or wishes to omit
this information, the Ambassador’s account will be terminated.
Changes to This Agreement
9. ROKNE may change the wording and structure of these Terms &
Conditions at any time. When a change to these Terms & Conditions
occurs, all Ambassadors will be notified within 24 hours.
Privacy
10. Your privacy is a major concern for ROKNE. We will not sell,
disperse, trade, or otherwise disseminate your account information to any
organization outside of ROKNE.
Warranty
11. ROKNE does not make any guarantees on the Ambassador program’s
ability to generate income for the Ambassador. We are exempt from all
warranties, including, traffic generated, revenue earned, and functionality of
the Ambassador program.
Limitations of Liability
12. 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 ROKNE CUMULATE
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.
Indemnification
You agree to indemnify and hold harmless ROKNE and its employees,
representatives, officers, agents, and affiliates, against any and all claims,
suits, actions, or other proceedings brought against ROKNE based on or arising
from any claim, (i) that our use of any material provided by you infringes on
any copyright, patent, trademark, trade secret, or any other intellectual
property right of any third party, or, (ii) resulting from your breach of this
Agreement or resulting from your breach of any third party intellectual
property right or misappropriation of any material, or resulting from any of
your defamatory, libelous act or resulting from your violation of any third
party right of publicity or privacy. You will pay any and all costs,
damages, and expenses, including, but not limited to, reasonable attorneys'
fees and costs awarded against or otherwise incurred by ROKNE in connection
with or arising from any such claim, suit, action, or proceeding.
DATED: March 2021
By agreeing to become a ROKNE Ambassador, you agree to
adhere to all of the rules and regulations found here: https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business
BY JOINING YOU INDICATE THAT YOU AGREE TO ALL OF THE ABOVE INFORMATION
YOU NEED TO PROVIDE TO US BEFORE GETTING STARTED:
PayPaL email, Tax ID: SS# or EIN# (Please Enter your Social Security
Number (SS#), Employer Identification Number (EIN#), or other Tax ID number if you reside outside the United States.)
Go forward and refer!
We're very glad you've made it to the end of this Agreement.
We wish you all the very best. You can always re-visit this
Agreement in the future and if you have any questions you can send an email to
info@roknepickleball.com for support.