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This Agreement contains the complete terms and conditions that apply to your participation as a member of the Goodbye Jack Promoter Program.
Brand Promoter Eligibly
Any person over the age of 16 years may register for a Brand Promoter account.
Enrolment in this Program.
To begin the enrolment process, you will submit a completed Application through our Brand Promoter link. Your account will become active in our program once we evaluate and approve in good faith to ensure you comply with all our rules and agreements. We may reject your account if we determine in our sole discretion that your site or social media accounts is unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement, or if your site is or promotes a business-opportunity program.
Utilising Links on Your Site.
As an Brand Promoter, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the “Links”), however, you CANNOT SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the Program and your forfeiting any money in your account. Allowable promotional links may contain Goodbye Jack trade names, service marks, and/or logos for display. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your website or social media for the sole and exclusive purpose of promoting websites owned, operated or controlled by Goodbye Jack. In utilising the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links.
Commissions.
We will pay you a commission based on the below structure:
Commission Rates: 15% commission rate of gross sales excluding shipping costs.
The Commission Rate is subject to change from time to time, upon e-mail notice to you and commencing the 15-days following such notice. If you have any questions about payments, please e-mail promoters@goodbyejack.co
Commission Payment.
Commissions deemed due and owed to you under the program will be paid to you directly by Goodbye Jack after any holding period, and in accordance with a regular payout cycle established by Goodbye Jack. PayPal payments will only be reissued within 60 days of the original issue date in the case of incorrect PayPal address or refusal from PayPal to accept payment.
Responsibility for Your Site and Social Media accounts.
You will be solely responsible for the development, operation and maintenance of your site/social media accounts and for all materials that appear on your site/social media accounts. We shall have no responsibility for the development, operation and maintenance of your site/social media accounts and for all materials that appear on your site/social media accounts. You shall also be responsible for ensuring that materials posted on your site/social media accounts do not violate or infringe upon any laws, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party’s copyrighted or other proprietary material. We will not be responsible if you use another party’s copyrighted or other proprietary material in violation of the law.
Goodbye Jack expressly requires you to disclose that there is a “material connection” between you and Goodbye Jack any time you offer an endorsement or testimonial on our services, in accordance with the Federal Trade Commission guidance as outlined here. Such disclosure should be clear and prominent, meaning close to the endorsement or testimonial
You agree that you will maintain and follow a privacy policy that complies with all applicable laws and regulations regarding the privacy of visitor information, be commercially reasonable, and fully and accurately disclose your collection and use of visitor information.
Please note: You should obtain legal advice on how to fully comply with these responsibilities in your specific situation.
In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following:
Minimum Payment Threshold.
Brand Promoters being paid via PayPal has no payment threshold. Payment will be processed within 5 working days once the funds of the customer has cleared. Brand Promoters NOT using PayPal must earn a minimum account balance of $30 or more before their account is eligible for payment. Commission amounts earned for less than $30 will remain pending until the full $30 minimum balance has been earned.
Taxes
Brand Promoters are responsible to declare any income for tax purposes. Goodbye Jack takes no responsibility for any tax related issues.
Term of the Agreements.
The term of this Agreement will begin upon our acceptance of your Brand Promoter Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
Modification.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Brand Promoter Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Brand Promoter Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
Relationship of Parties.
You and Goodbye Jack 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. You are not an agent of Goodbye Jack, and Goodbye Jack expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
Limitation 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 Brand Promoter 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 Brand Promter Program will not exceed the total commissions paid or payable to you under this Agreement.
Disclaimers.
We make no express or implied warranties or representations with respect to the Brand Promoter Program or any COMPANY services or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Representations and Warranties.
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorised by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide Goodbye Jack with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider’s terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.
Confidentiality.
Our Brand Promoter program is designed for use by people aged 16 years and over. We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confidential (herein referred to as “Confidential Information”). For purpose of this Agreement, the term “Confidential Information” shall include, but not be limited to, any modifications to the terms and provisions of this Brand Promoter Program Agreement made specifically for your site and not generally available to other members of the Brand Promoter Program, website, business and financial information relating to Goodbye Jack, customer and vendor lists relating to Goodbye Jack and any members of the Brand Promoter Program, other than you.
Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilised, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person’s use of the information.
Indemnification.
You hereby agree to indemnify, defend and hold harmless Goodbye Jack, officers, directors, employees, agents, Brand Promoters, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys’ fees and costs) of any nature whatsoever incurred or suffered by us (collectively the “Losses”), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Brand Promoter Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site/social media account.
Use of Images/Videos
Under our Brand Promoter program promoters are required to submit pictures or videos wearing the Goodbye Jack apparel so that Goodbye Jack can use the pictures and videos for promotional content. We reserve the rights to any pictures or content that are submitted by promoters in relation to the Goodbye Jack products.
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