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These Terms and Conditions (the “Agreement”) form a legal agreement between the individual who accepts these terms (“you” and “your”) and Punchlist Labs, Inc. dba Punchlist (“Punchlist,” “we” or “us”). Your participation in the Punchlist Affiliate and Referral Program (the “Program”) is subject to the terms of this Agreement.
Punchlist may update or modify this Agreement or any referenced policies or documents in its sole discretion from time to time. By continuing to participate in the Program, you accept any modifications we make to this Agreement. Program benefits are subject to change or termination in Punchlist’s sole discretion. If you do not agree to changes to the Agreement or the Program, you must stop participating in the Program.
By clicking on the “Submit” button or “I agree” button, by participating in the Punchlist Affiliate Program, or by posting or sharing a Punchlist Affiliate promo code, you indicate your agreement to be bound by this Agreement.
1. Program Overview.
The Program is designed to promote Punchlist's collaboration and feedback management software(“Punchlist Products”), and to encourage you to promote the Punchlist Products to prospective Punchlist customers and users (“Punchlist Customers”). To be eligible for the Program, you must be at least the age of majority in your country of residence (usually 18 years), and by entering into this Agreement you certify to Punchlist that you are at least the age of majority where you live.
2. Program Benefits.
Members of the Program may receive certain benefits from Punchlist that are not available to other Punchlist customers and users. Benefits are described, from time to time, on the Punchlist Affiliate website (“Program Guide”), or may be communicated to you through other means. The benefits available to you may vary depending on which type of Program membership you qualify for and may require you to accept additional terms applicable to such benefits.
3. Participation Requirements.
To participate in the Punchlist Affiliate Program, you must apply on the Affiliate Program Website and be accepted by Punchlist into the Punchlist Affiliate Program. To apply, You must:
be at least 18 years old
have read and agreed to the Punchlist Affiliate Program Terms & Conditions.
The application requires you to provide your full name and any additional information requested. After signing up for the program, we will review your application. We reserve the right and sole discretion to reject your application and re-evaluate your application at any point in time.You will receive a confirmation of your participation when the application is approved. After approval, you have direct access to your affiliate promo code.
You are only allowed to create and use one affiliate account.
4. Program Requirements and Restrictions.
As an affiliate, your primary responsibility is to promote Punchlist to potential customers using your Affiliate promo code. You may use marketing assets provided by Punchlist but must not misrepresent your relationship with Punchlist. As a participant in the Punchlist Affiliate Program, you agree to market and promote the products and services of Punchlist. To do this, you may use marketing assets from Punchlist.
The Affiliate will not use online paid advertising to promote their Affiliate promo code in a manner that could be considered as competing with Punchlist’s own advertising, including, but not limited to, our branded keywords.
It is the responsibility of the Affiliate to ensure that the company information on their website and in their promotions remains current. For instance, if there are any changes in pricing, packages, or services offered by Punchlist, it becomes the sole responsibility of the Affiliate to promptly update this information.
You agree to not make any false or misleading statements concerning Punchlist or make any representations concerning Punchlist’s pricing, specifications, features, capabilities, and applicable warranties which are inconsistent with the product descriptions or promotional materials we make available to you.
If an Affiliate Lead’s first use on the Affiliate promo code occurs after the expiration or termination of this Agreement, it will not be deemed valid.
You warrant, represent, and covenant that all personal data contained in Leads or any other data or material that You provide to Punchlist complies with all Applicable Laws, including but not limited to Applicable Data Protection Laws.
5. Commission and Payments.
Your participation in the Punchlist Affiliate Program is free of charge. To be eligible for a Commission, the Lead must:
be a new customer of Punchlist;
have used Your Affiliate Promo Code;
not have been an existing, active Lead within Punchlist systems
be accepted by Punchlist as a valid Lead;
maintain a User Account for Punchlist for at least 30 days after registration as a new paying Customer;
Punchlist reserves the right to reject a Lead for any reason, at its sole discretion.
Our Affiliate Program offers a 15% commission on all payments for every new customer up to $100 for paying customers you refer to www.punchlist.com
Affiliates who refer 10+ customers can receive up to $150 per paying customer.
Anyone referred by the Affiliate through your Affiliate Promo Code will also receive 15% discount off their first 3 months.
Commissions are paid to the affiliate for paying customers who were brought to the website with the affiliate promo code and subscribed for our services within 30 days.
Commissions are paid out on the 30th of every month for the previous month’s earnings. To qualify for a payout, a minimum threshold of $50 USD must be reached. PayPal is the designated payment method. It is the affiliate’s responsibility to have an accurate and working PayPal email address.
6. Right to Reverse Commission
Punchlist will not be held responsible for any Commissions that may have been owed to Affiliates if a Lead clears their cookies or changes their cookie selections during the Referral Window.
We may update our commission structure periodically and announce it on the Affiliate Program Website. The revised terms will take effect immediately upon posting. By continuing to participate, you accept the revised commission levels and terms.
7. Changes to the Affiliate Program
Punchlist reserves the right, at our sole discretion, to modify or replace these Affiliate Terms and Conditions at any time. If a revision is material, we will provide 30 days notice (“Amendment Notice Period”) via email prior to any new terms taking effect. If you do not agree with the amendment, you have the option to terminate this Agreement within the Amendment Notice Period, effective on its expiry by informing us in writing.
8. Termination of Affiliate Account
You may terminate your participation in the Program at any time by providing written notice to the Company, Punchlist. In this case, any unpaid commissions that exceed the minimum threshold of $50 USD will be paid out. However, any pending commissions below $50 USD will be invalidated.
We reserve the right to refuse, cancel, or suspend your participation in our Affiliate Program at our sole discretion. No refunds will be given if you fail to comply these terms. We will, however, advise You by email prior to taking any action to provide You with an opportunity to rectify any problem.
9. Ownership and Intellectual Property; Use of Trademarks
As of the Effective Date, you are granted a non-exclusive, limited, revocable right to use the Punchlist Trademarks. Your use of the Punchlist Trademarks is subject to the usage rules that Punchlist makes available from time to time. We may immediately terminate your license to use the Punchlist Trademarks if we consider that such use dilutes, tarnishes, or blurs our values.
You agree and acknowledge that Punchlist has the right to identify you as a Punchlist Affiliate and use your name and/or logo exclusively for marketing purposes. Additionally, you grant us a global, non-exclusive, unrestricted, and royalty-free license to utilize your name, logo, and service marks in relation to the Punchlist Affiliate Program and this Agreement.
10. Non-Exclusivity
This Agreement does not establish an exclusive arrangement between you and us. We both retain the right to suggest similar products and services from third parties and collaborate with other parties in relation to the design, sale, installation, implementation, and utilization of comparable third-party services and products.
11. Confidentiality
As used herein, “Confidential Information” means all confidential information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential, and Userback customer and prospect information, whether or not otherwise designated as confidential.
Confidential Information does not encompass any information that; becomes widely known to the public without any violation of obligations owed to the Disclosing Party or, was already known to the Receiving Party prior to its disclosure from the Disclosing Party without any violation of obligations owed to the Disclosing Party.
The Receiving Party shall abide by the following obligations with respect to the Confidential Information of the Disclosing Party:
Safeguard the confidentiality of such information with a level of care equal to the care exercised in protecting its own confidential information, while ensuring it meets the standard of reasonable care.
Refrain from utilizing the Confidential Information of the Disclosing Party for any purpose beyond the scope of this Agreement.
Refrain from disclosing the Confidential Information of the Disclosing Party to any external parties.
Control access to the Confidential Information of the Disclosing Party, restricting it to individuals who are employees, contractors, or agents.
12. Legal Compliance
You agree to comply with all applicable laws and regulations, including data protection laws. You warrant that all personal data provided to Punchlist complies with these laws.
13. Indemnity
You agree to indemnify, defend, and hold harmless Punchlist and its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
Your use of and access to Affiliate Program Website;
Your participation in the Punchlist Affiliate Program;
Your breach of any term of this Agreement; and
Your violation of Applicable Law or any Third Party right, including without limitation any copyright, property, or privacy right.
This indemnification obligation will survive the termination of this Agreement and your use of Affiliate Program Website and participation in the Punchlist Affiliate Program.
