Affiliate Program Agreement

Last Updated February 25, 2024

PLEASE READ THIS AFFILIATE PROGRAM CAREFULLY.

This Affiliate Program Agreement (the "Agreement") is entered into as of [Effective Date], by and between XJUMP Inflatables ("XJUMP"), and [Affiliate Company], collectively referred to as the "Parties."

This is a contract between you (the “Affiliate”) and us (“XJUMP”). It describes how we will work together and other aspects of our business relationship. It is a legal document so some of the language is necessarily “legalese”, but we have tried to make it as readable as possible.

The Affiliate Program Agreement applies to your participation in our Affiliate Program (The “Affiliate Program”).  These terms are so important that we cannot have you participate in our Affiliate Program unless you agree to them.

We periodically update these terms. We might also choose to replace these terms in their entirety if, for example, the Affiliate Program changes, ends, or becomes part of an existing program, including our partner programs. If we update or replace the terms, we or the Affiliate Tool will let you know via electronic means, which may include an in-app notification or by email. If you don’t agree to the update or replacement, you can choose to terminate as we describe below.

Definitions:

“XJUMP AFFILIATE” means a company owned, operated, or controlled by XJUMP.

“Affiliate Program” means our affiliate program as described in this Agreement.

“Affiliate Lead” means a customer prospect who clicks on the Affiliate Link that we have made available to you via the Affiliate Tool.

“Affiliate Link” means the unique tracking link you place on your site or promote through other channels.

“Affiliate Policies” means the policies applicable to affiliates which we may make available to you from time to time.

“Affiliate Tool” means the tool that we make available to you upon your acceptance into the Affiliate Program and for you to use to participate in the Affiliate Program.

"Agreement" means this Affiliate Program Agreement and all materials referred to or linked to in here.

“Commission” means an amount described in the Affiliate Tool (or if applicable, in the Program Policies) for each Customer Transaction.

“Customer” means the authorized actual user of the XJUMP Products who has purchased or signed up for the XJUMP products after being an Affiliate Lead.

“Customer Transactions” means those transactions by Affiliate Leads that are eligible for Commission pursuant to the ‘Customer Transactions’ section of this Agreement. Customer Transactions may include customer purchases or customer signups, as further described in the Affiliate Tool.

"XJUMP Content" means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into our services.

“Program Policies Page” means the landing page: (page LINK)

where we will provide all the up-to-date guidelines and policies for the Affiliate Program. “We", "us", “our”, and “XJUMP” means XJUMP LLC.

“You” and “Affiliate” means the party, other than XJUMP, entering into this Agreement and participating in the Affiliate Program.

Training and Support

We may make available to you, without charge, various webinars and other resources made available as part of our Affiliate Program. If we make such resources available to you, you will encourage your sales representatives and/or other relevant personnel to participate in training and/or other certifications as we recommend and may make available to you from time-to-time. We may change or discontinue any or all parts of the Affiliate Program benefits or offerings at any time without notice.

1. Program Overview

1.1 Description: XJUMP agrees to provide [Affiliate Company] with the opportunity to participate in the XJUMP Inflatables Affiliate Program (the "Program"). [Affiliate Company] agrees to promote XJUMP Inflatables' products and services in accordance with the terms and conditions set forth in this Agreement.

1.2 Affiliate's Responsibilities: [Affiliate Company] agrees to actively promote XJUMP Inflatables through approved methods, including but not limited to, website promotion, social media marketing, and other online and offline promotional activities.

2. Commissions and Payments

2.1 Commission Structure: XJUMP agrees to pay [Affiliate Company] a commission on qualified sales made through [Affiliate Company]'s unique affiliate link. The commission rate shall be 3% of the net sale amount.

2.2 Payment Terms: Commissions will be paid [Payment Frequency], [e.g., monthly, quarterly], within [Number of Days] days following the end of each payment period. Payments will be made via [Payment Method, e.g., PayPal, bank transfer].

2.3 Minimum Payout: [Affiliate Company] must accrue a minimum of $100 in commissions before becoming eligible for payment. If the accrued commissions do not meet the minimum payout threshold, the amount will be carried over to the next payment period.

2.4 Disclaimer of Warranties: WE AND OUR AFFILIATED COMPANIES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE XJUMP PRODUCTS, XJUMP CONTENT, THE AFFILIATE PROGRAM OR THE AFFILIATE TOOL FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) AND THE AFFILIATE TOOL MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE XJUMP PRODUCTS AND AFFILIATE TOOL ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE XJUMP PRODUCTS AND THE AFFILIATE TOOL INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

2.5 No Indirect Damages: TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.

2.6 Limitation of Liability: IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO THE TOTAL COMMISSION AMOUNTS YOU HAVE ACTUALLY EARNED FOR THE RELATED CUSTOMER TRANSACTIONS IN THE TWELVE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.

2.7 Affiliate Tool: WE DISCLAIM ALL LIABILITY WITH RESPECT TO THE AFFILIATE TOOL THAT YOU USE.  WE DO NOT PROMISE TO MAKE THE AFFILIATE TOOL AVAILABLE TO YOU, AND WE MAY CHOOSE TO DO SO, OR NOT TO DO SO, IN OUR DISCRETION.

2.8 Cookie Duration: COOKIES USED AS PART OF THE AFFILIATE TOOL HAVE A SET DURATION. IF A POTENTIAL CUSTOMER CLEARS THEIR COOKIES DURING THIS PERIOD, XJUMP SHALL NOT BE LIABLE FOR ANY COMMISSIONS THAT MAY HAVE BEEN OWED TO YOU.

3. Affiliate's Obligations

3.1 Marketing Standards: [Affiliate Company] agrees to promote XJUMP Inflatables in a professional and ethical manner. All promotional materials, including but not limited to banners, links, and content, must comply with XJUMP's brand guidelines and applicable laws.

3.2 No Misrepresentation: [Affiliate Company] shall not make any false or misleading statements regarding XJUMP Inflatables' products, services, or promotions.

3.3 Use of Trademarks: [Affiliate Company] is granted a limited, non-exclusive, revocable license to use XJUMP Inflatables' trademarks and logos solely for the purpose of promoting XJUMP's products and services in accordance with this Agreement.

4. Term and Termination

4.1 Term This Agreement shall commence on the Effective Date and continue until
terminated by either party with written notice.

4.2 Termination: XJUMP may terminate this ITC with You and any Agreement (1) for any or no reason by giving You at least 10 days prior written notice; or (2) immediately by giving You written notice if You breach the ITC or an Agreement. Upon any termination, XJUMP is only liable to pay for services performed and liabilities incurred prior to termination.

4.3 Survival: Sections related to confidentiality, indemnification, and any accrued rights or obligations shall survive termination.

5. Confidentiality

5.1 Confidential Information: [Affiliate Company] agrees to keep confidential any non-public information obtained from XJUMP Inflatables during the term of this Agreement.

6. Miscellaneous

6.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction].

6.2 Amendments: This Agreement may be amended only in writing and signed by both Parties.

IN WITNESS WHEREOF, the Parties here to have executed this Affiliate Program Agreement as of the Effective Date.

[Your Company Name] By: _____________________________ Date: ________________ [Your Name and Title]

XJUMP Inflatables By: _____________________________ Date: ________________ [Authorized Signatory]