App Referral Cash (ARC) Reward Affiliate Program
Terms & Conditions
Please read the following terms and conditions carefully and completely before applying to become an affiliate of Wireless 1 Marketing Group LLC. (“Wireless 1 Marketing Group LLC.” or “the Company”). Applying indicates your acceptance of all of Wireless 1 Marketing Group LLC. terms and conditions for participation in the Wireless 1 Marketing Group LLC. affiliate program (“the Affiliate Program”). Wireless 1 Marketing Group LLC. has the right, in its sole discretion, to modify any of the Affiliate Program terms and conditions at any time by posting a notice of change, together with revised terms and conditions on this web site. If you continue to participate in the Affiliate Program following the posting of a notice of change and revised agreement, you will be deemed to have accepted all revisions. For interpretation of this contract, the use of words indicating the singular number shall include the plural and vice verse, and the use of words indicating the masculine gender include the feminine and neuter genders and vice verse. If you are entering into this agreement on behalf of a company or organization, the words “You”, “Your” and “Yourself” where used herein shall refer to the company or organization you represent and its employees, agents, directors, officers and representatives who are involved in any way in the Affiliate Program.
1. APPLICATION. You agree to provide complete and accurate information about you in connection with your application to participate in the Affiliate Program (including your payment and tax information). During the term of this Agreement (“Term”), You agree to maintain up-to-date account information via the Company’s affiliate and partner center interface, which is located HereWireless 1 Marketing Group LLC. has the right to confirm or otherwise verify or check, in its sole discretion, the truth and accuracy of any registration information at any time; however, nothing relieves you of your obligation to provide accurate and up-to-date information, and to revise or supplement Your account information whenever necessary to insure complete accuracy. If the Company rejects your application, you may reapply at any time, and your resubmitted application will be reviewed and considered. BY SUBMITTING YOUR AFFILIATE PROGRAM APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE EVALUATED INDEPENDENTLY THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY GUARANTEE OR STATEMENT OTHER THAN ANY CONTAINED IN THIS AGREEMENT. YOU WILL NOT BE AUTHORIZED TO HOLD YOURSELF OUT AS A MEMBER OF THE AFFILIATE PROGRAM UNTIL YOU HAVE RECEIVED YOUR WRITTEN NOTICE OF ACCEPTANCE FROM THE COMPANY You acknowledge that as a participant in the Wireless 1 Marketing Group LLC. Affiliate Marketing Program (the “Program”), we may from time to time send you email updates about the Program. By participating in the Program, you consent to our sending you these email updates.
2. LICENSE. Wireless 1 Marketing Group LLC. hereby grants to you a revocable, nonexclusive, nontransferable, non-assignable, royalty-free license during the Term to use, display and/or transmit Wireless 1 Marketing Group LLC. trademarks, connect solution marks and any service marks (the “Marks”), and other related textual and graphic material that are provided by Wireless 1 Marketing Group LLC. to You for the purpose of inclusion on Your Web Site or Mobile App (collectively, the “Web Site Materials”). Wireless 1 Marketing Group LLC. will issue banners, logos, or other creative devices to You which You shall display in a reasonably prominent position on Your Web Site as a hyperlink to take Visitors from Your Web Site to Wireless 1 Marketing Group LLC. Web Site or Solution Landing Page . YOU AGREE NOT TO REFORMAT OR OTHERWISE MODIFY THE WEB SITE MATERIALS WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY, AND YOU AGREE THAT YOU WILL ONLY BE ENTITLED TO A REWARD COMMISSION FOR PAID COMPLETED APP DEVELOPMENT SUBSCRIPTIONS THAT YOU ARE THE FIRST REFERRER, AND NOT FOR UNCOMPLETED SALES TRANSACTIONS, CLICK-TROUGHS OR IF NOT FIRST REFERRER .
Wireless 1 Marketing Group LLC. also authorizes You to refer in Your advertising and promotion to the fact that Wireless 1 Marketing Group LLC’s Web Site is accessible through your Web Site or Mobile App. You agree that you shall not: (A) state, or imply by the wording or prominence of such a statement, or otherwise, that Wireless 1 Marketing Group LLC. sponsors or authorizes, or is the source or origin of Your Web Site; (B) disparage Wireless 1 Marketing Group LLC, its products or services; or (C) use the Marks in any other manner or any other location or placement without Wireless 1 Marketing Group LLC’s prior written approval. Under no circumstances shall You make representations, warranties or other statements concerning the Company, the Company’s web site, or any of the Company’s products or services other than as set forth in the Web Site Materials.
All use of Wireless 1 Marketing Group LLC. Marks or Web Site Materials here under shall inure to the benefit of Wireless 1 Marketing Group LLC. and shall not create any rights, title or interest in them for You. Both during and after the termination of this Agreement, You agree not to contest or challenge the Marks or to use any confusingly similar marks. You have no other right to use the Wireless 1 Marketing Group LLC. name or trademarks, trade names or service marks. If Your Web Site or Mobile App displays or makes accessible to Visitors descriptive information regarding any of the other vendors whose icons are displayed on Your Web Site Area, then You shall, subject to Wireless 1 Marketing Group LLC.’s written approval of the content thereof, include similar descriptive information regarding Wireless 1 Marketing Group LLC.’s Web Site.
3. PROMOTIONAL RESPONSIBILITIES
3.1 Promotional Locations. You agree upon written request from Wireless 1 Marketing Group LLC. to promptly disclose to the Company upon request all pages, URLs, domains, and other locations in which you promote the Wireless 1 Marketing Group LLC Platform or Services.
You agree to correctly use the trademark symbol ™ or copyright registration symbols © or ® (as instructed by the Company) with every use of the Company’s trademarks, service marks or trade names.
You agree to promptly implement and abide by any request from Wireless 1 Marketing Group LLC. to remove, alter, or modify any communication, graphic or banner appearing on your Web site(s) or otherwise communicated by you or through you that is being used in conjunction with, or to promote, Wireless 1 Marketing Group LLC.
You may not display Wireless 1 Marketing Group LLC. Marks in any manner that implies sponsorship or endorsement by Wireless 1 Marketing Group LLC., except of your involvement in the Affiliate Program. You shall not embellish or misrepresent the relationship between Wireless 1 Marketing Group LLC. and You. You shall not publish any announcements or press releases regarding your affiliate partnership with Wireless 1 Marketing Group LLC. without the Company’s prior written consent.
You will ensure that your Web site(s) or Mobile App(s) do not, in any way, copy or resemble the look and feel of Wireless 1 Marketing Group LLC. and it's solutions or service branding including, but not limited to, the distinctive and particular elements of color, graphics, design, organization, presentation, navigation, and the total appearance and impression substantially formed by the combination of such elements.
You will not violate the intellectual property rights of Wireless 1 Marketing Group LLC., or any third party, including, without limitation, scraping text or using Wireless 1 Marketing Group LLC. copyrighted material, including, but not limited to, images from Wireless 1 Marketing Group LLC. Web sites other than the Web Site Materials.
You agree not to display or promote any other mobile app provider’s trademarks, logos, links, products or services on any Web Site(s) or Mobile App(s) during the Term.
You will not promote Wireless 1 Marketing Group LLC. in any fashion on a Web page or in a Mobile App that the text of which is in any language other than English without the prior permission of Wireless 1 Marketing Group LLC.
You will not apply for, bid on, acquire, benefit from or use any keywords, search terms or other identifiers that include a Wireless 1 Marketing Group LLC. Mark or variant/misspelling thereof for use in any search engine, portal, advertising service, or other search or referral service. You shall not adopt, use, or attempt to register with any administrative or other body any Wireless 1 Marketing Group LLC. Mark, trade name, logo, or variant/misspelling thereof. You may be asked to cause any applicable Web search provider to exclude certain terms including, but not limited to, the Wireless 1 Marketing Group LLC. Marks or competitors’ trademarks from keywords used to display your advertising content in association with search results, assuming the provider of such Web search engine offers such exclusion capabilities.
On all Web pages on which you promote Wireless 1 Marketing Group LLC., the back button must be activated, so that the user can return to the previous page at any time by clicking the back button of the browser. You will not use any invisible methods to generate impressions, clicks or transactions.
3.2 Promotional Methods – Limitations. You represent and warrant that You will not:
(a) engage in or facilitate spamming, indiscriminate advertising or unsolicited commercial email or otherwise fail to comply with the CAN SPAM Act of 2003 (Public Law 108-187 or any successor legislation), or any other laws or regulations that govern email marketing or communications.
(b) engage in pop-up or pop-under advertising using any means involving third party properties or services (software). Pop ups are acceptable on a first party basis only when triggered by Your site content. Exit interstitials and pop-unders are not acceptable methods of promoting Wireless 1 Marketing Group LLC..
(c) engage in any form of blog spamming. This includes but is not limited to developing blogs or posting comments in blogs solely for the purpose of promoting your Wireless 1 Marketing Group LLC. affiliated web site.
(d) promote Wireless 1 Marketing Group LLC. through any third party (including sub-affiliates).
(e) email a hyperlink or any information relating to Wireless 1 Marketing Group LLC. to any third party without the written consent of Wireless 1 Marketing Group LLC..
4. TERM: This Agreement shall begin after Wireless 1 Marketing Group LLC. has received Your application and has notified You of its acceptance. This Agreement shall continue until terminated by either You or Wireless 1 Marketing Group LLC., which may be done for any reason or no reason on written notice to the other party. In the event either party terminates this Agreement, You shall immediately remove all links, Marks, Web Site Materials and any other reference on Your Web Site or keywords or search terms representing any affiliation to Wireless 1 Marketing Group LLC.. Any amount still owed to You at the time of termination shall be paid to You in accordance with the terms of this Agreement.
5. COMMISSIONS: Wireless 1 Marketing Group LLC. shall pay You a $50 cash reward for each sale generated by new consumers who subscribe to mobile app development service from your referral efforts that you are the first referrer registered in our customer relationship management (CRM) system and have been submitted through our affiliate lead process. Wireless 1 Marketing Group LLC. shall pay commissions on accounts that have a minimum of $50 in earned commissions through PayPal on a monthly basis. The balance in any account that does not meet the earned commissions requirement will be rolled over to the next month. You are responsible for payment of all federal, state or local taxes related to Your performance of this Agreement. If any new sales payment is refunded, after a $50 reward payment has been disbursed. A charge back of the paid reward will be applied to your account for repayment. You will designate a password for You to log on to a password-protected Web Address for the purpose of (1) viewing data for tracking and reporting of completed sales referred to Wireless 1 Marketing Group LLC. (2) viewing any accrued commissions due to You (3) viewing any charge backs for payments that were refunded.
6. CONFIDENTIAL INFORMATION: During the term of this Agreement, you may have access to information that Wireless 1 Marketing Group LLC. reasonably considers to be proprietary or confidential including, but not limited to, products, software, research, and marketing plans (hereinafter referred to as “Confidential Information”). You agree that You shall use such Confidential Information only for the purposes permitted here under and that You shall not otherwise disclose or use such Confidential Information. Confidential Information does not include information that (1) is or hereafter becomes part of the public domain through no wrongful act, fault or negligence of Yours; (2) is already in Your possession; or (3) You are required to disclose pursuant to a valid order of a court or other governmental body; provided, however, that You shall first have given notice to Wireless 1 Marketing Group LLC. and shall give Wireless 1 Marketing Group LLC. a reasonable opportunity to object or to obtain a protective order requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued.
7. GENERAL LIABILITY
7.1 Product Responsibility: You acknowledge that Wireless 1 Marketing Group LLC. does not advocate or endorse the purchase or the use of any products or services offered by You through your Web Site or otherwise, other than the services of Wireless 1 Marketing Group LLC.; you further acknowledge that Wireless 1 Marketing Group LLC. does not guaranty the quality, fitness, or results of any products or services offered by You through your Web Site or otherwise, except the services of Wireless 1 Marketing Group LLC. in accordance with the written terms Wireless 1 Marketing Group LLC. offers.
7.2 Web Site Responsibility: You acknowledge that You are solely responsible for Your Web Site’s development, maintenance and operation and that You will continue to maintain Your Web Site in good working condition, and free of any viruses, traps, trap doors, disabling code or any other devices that could harm or negatively impact the privacy or of your customers and web site visitors.
7.3 Representations and Warranties by Wireless 1 Marketing Group LLC.: Wireless 1 Marketing Group LLC. represents and warrants that: (a) it has the right to enter into this Agreement and to grant the rights and licenses granted herein; (b) the use of its Materials in connection with Your Web Site in a manner authorized by this Agreement does not and will not (i) invade the right of privacy or publicity of any third person, (ii) contain any libelous, obscene, indecent or otherwise unlawful material, or (iii) knowingly infringe any patent, copyright or trademark right in any jurisdiction; or (iv) knowingly contravene any other rights of any third person.
7.4 Representations and Warranties by You: You represent and warrant that: (a) You have the right to enter into this Agreement and to perform here under; (b) Your Web Site does not and will not (i) invade or contravene the right of privacy or publicity of any third person, (ii) contain any libelous, obscene, indecent or otherwise unlawful material; or (iii) infringe any patent, copyright or trademark right in any jurisdiction; and (c) You will comply with all applicable laws and regulations.
7.5 Risk Allocation: Wireless 1 Marketing Group LLC. WILL NOT BE LIABLE TO YOU FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND – INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA — ARISING OUT OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT), REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF.
7.6 Breach of Representation, Warranty or Covenant: You agree to defend, indemnify and hold Wireless 1 Marketing Group LLC. and each of its officers, directors, employees and agents harmless against and in respect of any loss, debt, liability, damage, obligation, claim, demand, judgment or settlement of any nature or kind, known or unknown, liquidated or un-liquidated, including without limitation all reasonable costs and expenses incurred (legal, accounting or otherwise) (collectively, “Damages”) arising out of, resulting from, or based upon any claim, action or proceeding by any third party alleging facts or circumstances constituting a breach of the representations and warranties of Sections 3.2 and 7.4.
7.7 Acknowledgment of No Warranty: EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY WARRANTS THAT THEIR RESPECTIVE WEB SITES WILL PERFORM IN THE MANNER EXPECTED OR WITHOUT INTERRUPTION, ERROR OR DEFECT OR THAT ANY REVENUE TO EITHER PARTY WILL RESULT FROM THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT. EXCEPT AS SET EXPRESSLY FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS NOT SPECIFICALLY ENUMERATED.
7.8 Limitation of Liability: Wireless 1 Marketing Group LLC.’s liability to You for any and all claims and damages incurred by You relating to or arising out of the subject matter of this Agreement, whether in contract, tort, implied warranty, strict liability or other form of action, except for (a) claims for violations of a party’s intellectual property rights or (b) any right of indemnity provided herein, shall be limited to the lesser of (x) the amounts paid by Wireless 1 Marketing Group LLC. to You pursuant to this Agreement for the preceding six months or (y) one thousand dollars.
8. MISCELLANEOUS PROVISIONS
8.1 Assignment: You may not assign this Agreement or any of its rights or delegate any of its duties under this Agreement without the prior written consent of Wireless 1 Marketing Group LLC.. Any purported assignment or delegation without such required consent shall be null and void.
8.2 Modifications: Wireless 1 Marketing Group LLC. reserves its rights to modify any or all of the terms of this Agreement. In the event of such modification, Wireless 1 Marketing Group LLC. shall notify You of such change in writing at Your most recent email address. If You do not agree with such modification, Your only remedy shall be to terminate this contract.
8.3 Governing Law: This Agreement, its interpretation, performance or any breach thereof, shall be construed in accordance with, and all questions with respect thereto shall be determined by, the internal, substantive laws of the State of Indiana. In connection with any judicial proceeding: (i) the parties consent to the exclusive jurisdiction of the state and federal courts located in Indiana; (ii) both parties waive personal service and agree that service of any pleading, notice, complaint, etc. may be served by certified mail by one party to the other party at such other party’s address for notices as set forth above; and (iii) such service shall be deemed effective as if personally served upon the receiving party at its principal place of business.
8.4 Headings: Section headings are for convenience only and are not a part of this Agreement.
8.5 Independent Contractors: You and Wireless 1 Marketing Group LLC. are independent contractors under this Agreement, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between Wireless 1 Marketing Group LLC. and You. Neither party has the authority to enter into agreements of any kind on behalf of the other party.
8.6 Integration: This Agreement contains the entire understanding of the parties hereto with respect to the transactions and matters contemplated hereby, supersedes all previous agreements between You and Wireless 1 Marketing Group LLC. concerning the subject matter, and cannot be amended except by a writing signed by both parties.
8.7 Notice: All notices, demands and other communications here under shall be in writing or by written telecommunications, and shall be deemed to have been duly given: (i) if mailed by certified mail, postage prepaid, on the date five (5) days from the date of mailing, (ii) if delivered by overnight courier, when received by the addressee, (iii) if sent by confirmed telecommunication, one business day following receipt by the addressee at the specified address, or (iv) by email.
8.8 Survival: The provisions of Sections 5, 6 and 7 shall survive termination or expiration of this Agreement.
8.9 Waiver: No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. If you have any questions regarding this agreement, please contact us.