RECRUITER/REFERRAL TERMS OF SERVICE
Last Updated: June 21st, 2020
TABLE OF CONTENTS
- HOW IT WORKS
- CREATOR RECRUITMENT
- LIMITATION OF LIABILITY
- INTELLECTUAL PROPERTY
- EFFECT OF TERMINATION
- CHOICE OF LAW
- FORCE MAJEURE
- AMENDMENTS AND WAIVER
- ENTIRE AGREEMENT
- The term of this Agreement commences upon the date on which you sign-up for our Program and subsists unless terminated by either you or us in accordance with the terms contained in this Agreement ("Term").
HOW IT WORKS
- Our Program provides you an easy way to invite creators and other users on our Website.
- A referrer is a user who invites creators to sell their content to other users of our Website ("Referrer").
As a Referrer, you will have the ability to refer creators to the Website using our Tools available on our Website. We shall accordingly register such creators that you refer to us according to our Creator Terms Of Service and other policies which we may add from time to time. When a Referrer refers a creator to us and such referred creator is approved and accordingly registered on the Website by us and subsequently sells their products or content on our Website ("Referrer Sale"), the Referrer shall be paid a commission ("Referrer Commission") as follows:
- The Referrer shall be entitled to receive a Referrer Commission from the Referrer Sale in the percentage equal to not more than 5% of the amount derived from the Referrer Sale including rebills and recurring payments with the exception of tips and sales made by Affiliates and other deductions which include without limitation, chargebacks, refunds, unforeseen fees or uncollectable revenue attributable to the subject user (including amounts paid by us because of credit card abuse or fraud, or paid to such subject user by us to settle a claim involving the allegation of credit card or other abuse or fraud.
- The Referrer shall be entitled to receive the Referrer Commission only for a period of not more than 12 months which commences on the date on which the creator referred to us by the Referrer, registers with us on our Website ("Referrer Commission Period").
- Notwithstanding the foregoing clause 3.1.b, the Referrer Commission Period shall expire on the date on which the Referrer makes $100,000 USD from a particular creator referred to us on our Website solely through the Referrer Commission disbursed through our Website ("Referrer Target Date").
- Nothing contained in this Agreement shall entitle the Referrer to any other amounts with the sole exception of the Referrer Commission.
You agree that you shall not sign up for our Program for:
- Any unlawful purpose.
- Soliciting others to perform or participate in any unlawful acts.
- Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
- Infringing or violate our intellectual property rights or any intellectual property rights of others.
- Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
- Submitting false or misleading information.
- Collecting or tracking the personal information of others.
- Spamming, phishing, pharm, pretext, spider, crawl, or scrape.
- Interfering with or circumventing the security features of our Website and our services or any related website, other websites, or the Internet.
LIMITATION OF LIABILITY
- We do not guarantee, represent, or warrant that your use of our Tools available on our Website will be uninterrupted, timely, secure, or error-free. We do not warrant that the results, if any, obtained from the use of the Tools will be accurate or reliable. You acknowledge and agree that we retain the right to remove or pause our Program for indefinite periods and cancel the Program at any point of time without providing any notice to you. You agree that your use, or inability to use our Tools is at your sole risk. The Tools are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall we, our directors, shareholders, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Tools, this Agreement or for any other claim related in any way to your use of the Tools and our Program.
- You agree to indemnify, defend and hold us harmless including without limitation our subsidiaries, directors, shareholders, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your or others breach of this Agreement or other terms present in our document available on our Website.
The users who sign up for our Program including the Affiliates and Referrers agree that the content provided in the Tools is our intellectual property and acknowledge that nothing contained in this Agreement shall deem to transfer our intellectual property with respect to the Tools, including without limitation any other intellectual property with respect to the Program and any other software and API deployed by us in providing you any services ("Intellectual Property"). You are not granted a license to any Intellectual Property under this Agreement. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly:
- reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through including without limitation the Website, Intellectual Property;
- remove any proprietary notices or labels from the Website or the Intellectual Property; reproduce or copy the Intellectual Property or any part thereof;
- modify, translate, or create derivative works based on the Intellectual Property;
- copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Intellectual Property;
- create any derivative product from any of the foregoing;
- without our express written permission, introduce automated agents or scripts to the Website or Intellectual Property so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Platform; or
- allow third parties to gain access to the Website or to Intellectual Property in any manner other than as expressly permitted in this Agreement.
- We reserve the right to temporarily suspend or terminate the Program indefinitely, at any time without providing any notice to you for the same. We may however notify you at our sole discretion post the termination or suspension of the Program through e-mails or other appropriate means. As a Referrer, Affiliate or a Creator, in the event you materially breach any of the terms of this Agreement or any other relevant agreement connected with this Agreement, we shall take necessary steps against such user which may include without limitation, the termination of your account, opt you out of the Program, withhold any amounts due to you from any party as applicable.
EFFECT OF TERMINATION
When this Agreement is terminated for any of the reasons as provided in Section 8 of this Agreement, you may lose access to including without limitation:
- your Exclusv.Life account,
- the Tools,
- the Website.
- You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
CHOICE OF LAW
- Laws of the state of Queensland, Australia will apply to any dispute related to this Agreement. Any dispute related to the Agreement will be decided by the courts in state of Queensland, and each party will be subject to the jurisdiction of those courts.
- We will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, pandemics, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
- The Sections contained in this Agreement which by their nature ought to survive, shall survive the termination of this Agreement.
- If it turns out that a section of this Agreement is not enforceable, then that section will be removed or edited as little as necessary, and the rest of the Sections will still be valid.
- The headers are provided only to make this agreement easier to read and understand.
AMENDMENTS AND WAIVER
- Amendments or changes to this Agreement will not be effective until we post revised terms on the Website. That aside, additional terms may apply to certain features of the Service. The Additional Terms will be considered incorporated into this Agreement when you activate the feature. Where there is a conflict between this Agreement and the Additional Terms, the Additional Terms will control. If we do not immediately act on a violation of this Agreement, we are not giving up any rights under the Agreement, and we may still take action at some Point.
- Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us at [email protected], or any addresses as we may later post on the Website.
- This Agreement, and other connecting agreements available on our Website, and any Additional Terms you have agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings.