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TERMS AND CONDITIONS
These are the Terms and Conditions (“Terms”) for joining the ProActive Fintech LLC DBA Qube Money (“Company”) Lifetime Membership Promotional Affiliate program. The Influencer (“Influencer”) wishes to apply to and agrees to follow the Terms as described here. The Terms of this program are subject to change without notice, but Company will notify Influencer of such changes.
1. Applying. We reserve the right to decline or remove enrollment from our program at the Company’s discretion. As soon as your application is accepted, the Influencer can start sharing the affiliate link and earning affiliate commissions.
2. Term. These Terms are effective upon the Influencer agreeing to them and will remain in effect through March 31st, 2020, unless earlier terminated in accordance with these Terms.
3. Deliverables. Influencer will work within its circle of influence to refer customers to sign up for and become paid Lifetime members of the Company’s promotional program. Influencer will be paid based off Lifetime membership purchases made during the Term by users who use the Influencer’s specific referral code or affiliate link assigned to it by the Company and as tracked through the referral system, in accordance with these Terms.
4. Compensation. In full consideration of Influencer’s performance under these Terms, Influencer shall be paid:
a) For the promotional launch period from December 2nd, 2019 through December 15th, 2019, Company shall pay the Influencer 33% of the Lifetime Membership fees actually collected by the Company during the period from December 2nd, 2019 through December 15th, 2019, less cancellations and charge backs, paid by each new Lifetime user who uses the Influencer’s specific referral code or affiliate link assigned to it by Company at the time of sign-up.
b) On December 16th, 2019, and until the end of the Term, Influencer will be paid a percent of the paid Lifetime Membership fees collected by the Company based on a tiered system in accordance with this paragraph. The percent will be determined by the number of successfully complete and are paid Lifetime users with the Influencer’s specific referral code assigned to it by Company at the time of sign-up as follows:
Tier 1: 0-49 new Lifetime memberships will pay fifteen percent (15%) of the Lifetime Membership fees paid by such new Lifetime members and actually collected by the Company during the Term, less cancellations and charge backs (“Lifetime Membership Revenue”),
Tier 2: 50-149 new Lifetime memberships will pay twenty percent (20%) of Lifetime Membership Revenue of such new members,
Tier 3: 150-499 new Lifetime membership will pay twenty five percent (25%) of Lifetime Membership Revenue of such new members,
Tier 4: 500-999 new Lifetime memberships will pay thirty percent (30%) of Lifetime Membership Revenue of such new members,
Tier 5: 1000-1999 new Lifetime memberships will pay thirty-one percent (31%) of Lifetime Membership Revenue of such new members, and
Tier 6: 2000 and above new Lifetime memberships will pay thirty-three percent (33%) of Lifetime Membership Revenue of such new members.
For clarification, an Influencer will receive 15% commission on all paid Lifetime users for 0-49 during the Term. No other commissions will be paid on these users for any amounts received by Company from such users after the Term.
c) Influencers who have referred paid Lifetime users who reach 500 new memberships during the Term will be paid a one-time bonus amount of $3,000, at 1000 new aggregate memberships the Influencer will be paid a one-time bonus amount of $5,000, and at 2,000 new aggregate memberships will be paid a one-time bonus amount of $10,000. For clarification, an Influencer who has referred more than 2,000 paid Lifetime users will receive all three bonuses.
d) Where a successfully completed and paid referral is defined as an Influencer referral that is a fully paid customer of the Company who has completed the sign-up process using the Influencers referral code or affiliate link. Cancellation and charge backs of paid Lifetime users will be assessed against future commissions and the cancellation and charge back withholding outlined in 5.
e) Influencer will otherwise perform the services at his/her own expense and use his/her own resources and equipment. Influencer acknowledges that the agreed upon compensation represents Influencer’s entire compensation with respect to this agreement and Company shall have no other obligation for any other compensation to or expenses or costs incurred by Influencer in connection with the performance of its obligations under this agreement. If Influencer has obtained employees or agents (the “Influencer Personnel”), Influencer shall be solely responsible for all costs associated with Influencer Personnel.
5. Payment Terms. Payment will be made by PayPal or check/money order to the address given by Influencer. Company shall batch all successful referrals at months end paying the Influencer a combined commission check within thirty (30) days of the batched successful referrals. Ten percent (10%) of an Influencer’s commission payment owed under these Terms will be held by Company for ninety (90) days to account for potential cancellations or chargebacks. Company may credit against such withheld amount any actual cancellations or chargebacks. Company will deliver the held back amount, less any actual cancellations or charge backs, at the end of such ninety (90) day period.
6. Company Name. Company grants to Influencer a limited, non-exclusive, non-transferrable, non-sublicensable, revocable license to use Company’s name and promotional materials during the Term provided to Influencer by Company solely as may be necessary to perform the Company’s Lifetime Membership Promotional Affiliate program pursuant to these Terms.
7. Termination. Either Company or Influencer may terminate this relationship at any time with written notice. These Terms will automatically terminate on the date the Company’s Qube Money Banking and Budgeting app is made available to the general public. The following Sections will survive any termination or expiration of these Terms along with any other provisions that, by their express terms or the nature of such provisions, ought to survive termination or expiration of these Terms: 4, 5, 7, 8, 9, and 11.
8. Material Disclosures and Compliance with FTC Guidelines. When publishing posts/statuses or any social media content about Company’s products or services, Influencer must
clearly disclose his/her “material connection” with Company, including the fact that Influencer was given any consideration, was provided with certain experiences or is being paid for a particular service. The above disclosure should be clear and prominent and made in close proximity to any statements that Influencer makes about Company or Company’s products or services. Please note that this disclosure is required regardless of any space limitations of the medium (e.g. Twitter), where the disclosure can be made via Hashtags, e.g. #sponsored. Influencer’s statements should always reflect Influencer’s honest and truthful opinions and actual experiences. Influencer should only make factual statements about Company or Company’s products which Influencer knows for certain are true and can be verified.
9. Force Majeure. If Company is unable to perform any of its obligations by reason of fire or other casualty, strike, act or order of public authority, act of God, or other cause beyond the control of Company, then Company shall be excused from such performance during the pendency of such cause.
10. Mutual Representations and Warranties. Company and Influencer represent and warrant to each other that each is free to enter into these Terms and that this relationship does not violate the terms of any agreement between any third party.
11. General Terms. If the scope of any of the provisions of these Terms is too broad in any respect whatsoever to permit enforcement to its full extent, then such provisions shall be enforced to the maximum extent permitted by law, and the Parties hereto consent and agree that such scope may be judicially modified accordingly and that the whole of such provisions of these Terms shall not thereby fail, but that the scope of such provisions shall be curtailed only to the extent necessary to conform to law. The failure of a Company or Influencer to insist upon strict adherence to any term of these Terms on any occasion shall not be considered a waiver of such rights or deprive either of the right thereafter to insist upon strict adherence to that term or any other term of these Terms. If any term of these Terms is held to be unenforceable by a court of law, the remainder of these Terms will remain unaffected and in full force and effect. This Agreement shall be construed and interpreted in accordance with the law of Utah, without regards to its conflict of laws principles. Any dispute related to these Terms must be resolved in the state or Federal courts located in Salt Lake City, Utah.
By clicking here, Influencer agrees to the Terms set forth in the Company’s Lifetime Membership Promotional Affiliate program.