These TaxJar Affiliate Program Terms and Conditions and any other terms referenced herein (the “Agreement”) contain the complete terms and conditions between us, TPS Unlimited, Inc. (d/b/a TaxJar) (“TaxJar”) and you, regarding your application to and participation in, the TaxJar Affiliate Program (the “Program”) as an affiliate of TaxJar (the “Affiliate”), and the establishment of links from your website to our website, http://www.TaxJar.com/. Subject to the terms and conditions of this Agreement, Affiliate may, from time to time, refer new users to use TaxJar subscription services (“Referral”) and receive a commission for each such referral.
To begin the enrollment process for the Program, you must submit a completed Affiliate Program Signup Form, which can be found at https://dash.partnerstack.com/taxjar. We will evaluate your application in good faith and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine (in our sole discretion) that your website is not suitable for the Program for any reason. TaxJar, in its sole discretion, reserves the right to notify any prospective affiliate of their rejection or removal from the Program at any time.
Unless otherwise separately agreed upon by us in writing, your commission will be the 100% of the first month of TaxJar subscription fees payable in USD for each new Referral who purchases a TaxJar subscription, provided that you and the Referral meet the following criteria:
- The Referral registers a new TaxJar account through your unique affiliate link
- The Referral was not previously preferred to TaxJar by another party and/or has not previously engaged in discussions with TaxJar’s sales team
Your commission will be paid by PartnerStack, and you are required to agree to PartnerStack’s Terms of service located at: https://dash.partnerstack.com. A commission will have been earned the month following TaxJar’s receipt of the Referral’s paid invoice for the first month of such Referral’s TaxJar subscription.
Your participating website(s) may not:
- Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights.
- Violate any law, rule or regulation.
- Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
- 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.
- 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 affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions and add-ons.
Linking To Our Website
Upon acceptance into the Program, links will be made available to you through the affiliate interface. Your acceptance in our program means you agree to and abide by the following:
- You will only use linking code obtained from the affiliate interface without manipulation.
- 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.
- 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).
- 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 is prohibited.
If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to $0. This does not include using “out” redirects from the same domain where the affiliate link is placed.
Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited – e.g. www.TaxJar.yoursite.com or www.TaxJar-affiliate.com
Advertising & Publicity
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:
- Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.
- E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of TaxJar.
- 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 Facebook, Twitter, and other social media platforms is permitted following these general guidelines:
- You ARE allowed to promote TaxJar to your own lists; more specifically, you are welcome to use your affiliate links on your own Facebook, Twitter, etc. pages.
- You ARE PROHIBITED from posting your affiliate links on TaxJar’s Facebook, Twitter, Pinterest, etc. company pages in an attempt to turn those links into affiliate sales.
You ARE PROHIBITED from running paid ads with TaxJar’s trademarks, domain names, subdomains, and variations that include ‘.com’ and any other typos, including but not limited to the following keywords:
- tax jar
- taxjar llc
- You ARE PROHIBITED from creating a social media account that includes TaxJar’s trademarks in the page name and/or username.
FTC Disclosure Requirements
You must include a disclosure statement within any and all pages, blog/posts, or social media posts where affiliate links for our affiliate program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us or from the affiliate management team for review, this also must be clearly stated in your disclosure.
For more information about FTC disclosure requirements, please review the FTC’s “Dot Com Disclosures” Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf (example 21) and the FTC’s Endorsement Guidelines at http://business.ftc.gov/advertising-and-marketing/endorsements
If you engage in so called “native advertising”, you further agree to comply with the FTC’s Enforcement Policy Statement on Deceptively Formatted Advertisements at https://www.ftc.gov/system/files/documents/public_statements/896923/151222deceptiveenforcement.pdf and the related guidelines.
Affiliate shall defend, indemnify and hold TaxJar harmless from all claims, damages, and expenses (including, without limitation, reasonable attorneys’ fees) relating to: (i) the development, operation, maintenance, and content of Affiliate’s site and social media accounts; or (ii) breach of this Agreement.
We may notify this Agreement at any time in our sole discretion; provided that the change shall solely apply to events occurring after the date on which you accept and agree to such modifications unless you otherwise agree herein. Such modifications shall take effect when posted on our website. Modifications may include, but are not limited to, changes in the scope of available Commissions, commission amounts or percentages, payment procedures, and the Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement, in which event you shall be entitled to your rights under the unmodified Agreement prior to the date of the applicable modification. Your continued participation in the Program following our posting of any modifications on our website will constitute binding acceptance of the change.
We make no express or implied warranties or representations with request to the Program or any TaxJar products and services (including, without limitation, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). In addition, we make no representative that the operation of our website will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors, including the tracking of information concerning referred users during any period of interruption.
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.
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 the San Francisco, CA, 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.
This Agreement will be governed by the laws of the State of California 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.