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Reflex
Protect Affiliate Program
Terms
and Conditions
The
following Terms and Conditions (T&C, Terms or Agreement) apply to your
participation in the Affiliate Program offered by Reflex Protect (we, us, our)
or any of our affiliated entities. The Affiliate Program (the Program) allows
you (the Affiliate, your) to promote Reflex Protect products and services and
receive commissions for so doing as set forth in this T&C. The Terms and
Conditions incorporate by reference the Reflex Protect Privacy Policy and any
and all policies, written or unwritten, with respect to acceptable use of
Reflex Protect branding, materials, and the valuable reputation associated
therewith based on principles of compassion, kindness, and safety.
1.
Participation in the Affiliate Program
Enrollment
in the Program requires application through the affiliate signup form on the Reflex
Protect website (the Website). We reserve the right to review all affiliate
signups before we decide if an application will be accepted and, even if the
application is initially accepted, it may be subject to further review at any
time for any reason or no reason at all. Your application may be rejected or revoked
if we determine that you are not suitable for the Program for any reason in our
sole and exclusive discretion.
2.
Your Responsibilities
As
a Reflex Protect Affiliate you agree that:
·
You
are responsible for providing us with full and accurate account information and
for keeping that information up to date. Such information includes, but is not
limited to: contact details, all website URL(s) where Reflex Protect products
or services will be promoted, promotional practices and means, payment details,
tax information, and any other details we may require. We reserve the right to
request additional data regarding all the websites where you promote Reflex
Protect and the promotional practices you employ or in which you engage.
Failure to provide accurate information may result in exclusion from the
Program, suspension or termination of your Affiliate account, and forfeiture of
any commissions.
·
You
should act in utmost good faith to refer customers in good standing. Customers
in good standing are individuals, organizations, and entities who (a) have a
reasonably ascertainable interest in non-lethal active defense training,
security, self-defense, and products; (b) have provided valid contact
information; (c) are not flagged for high fraud risk; and (d) have actively
engaged with or been engaged by you in respect of their digital presence and
desire for more information or the purchase of Reflex Protect or associated
products and/or services as indicated by engagement with the Website. Active
account usage is determined at our sole discretion and may be based on any of
the following: frequency of visits to shopping areas in respect of the account;
number of visits on the website and the frequency of such visits; any other way
that unambiguously demonstrates the user actively engages with the account with
the end goal of sales commissionable to you.
·
You
should not take actions or make recommendations to your referrals that result
in a potential revenue loss for Reflex Protect.
·
You
should not engage in incentivized programs and business-opportunity sites not
authorized by Reflex Protect or using marketing practices that might be
unethical or likely to attract customers not in good standing.
·
You
should not use on behalf of your referrals any copyrighted or third-party
material without the proper licenses.
·
You
should not copy, alter or modify any icons, buttons, banners, graphics, files
or content contained in the Website or any Links, including but not limited to
removing or altering any copyright or trademark notices, without prior written
approval from us.
·
You
should not engage in any blackhat seo/spam link building techniques in order to
generate more referrals for Reflex Protect.
·
You
agree not to violate any applicable law.
·
You
should be loyal to Reflex Protect and should not misuse its confidence and
shall not damage its reputation.
·
You
are required to disclose the affiliate relationship with Reflex Protect on your
website.
·
You
should at all times treat potential or actual Reflex Protect customers with
sincere decency, respect, and empathy; you should not engage in behavior that
could be construed as less than appreciative of the equal right of all humans
to feel safe and secure in their bodies, homes, places of worship, places of
work, public places, and in transit.
If
we detect a pattern in your affiliate practices that in our reasonable opinion
violates any aspect of the T&C, we reserve the right to suspend or
terminate your affiliate account and cancel all outstanding commission payments
due.
3.
Affiliate Advertising
When
advertising our services, you should use only promotional materials approved by
Reflex Protect. Approved materials are only those we provide in your Affiliate
Area or the ones that a Reflex Protect representative approves in writing.
Approved materials may contain the Reflex Protect trade names, service marks,
and/or logos for display on your Affiliate Site and slogans. We hereby grant
you a limited, non-exclusive, non-transferable license to access and download
such promotional materials for placement on your website for the sole and
exclusive purpose of promoting websites owned, operated or controlled by Reflex
Protect. By using such promotional materials, you agree to work with us in
order to establish and maintain approved promotional materials.
Upon
termination of your affiliate account the limited, non-exclusive license to
access and download promotional materials of Reflex Protect shall be
automatically withdrawn.
Inappropriate
methods of advertising include, but are not limited to:
·
Using
any illegal or spam method of advertising, e.g. unsolicited email, unauthorized
placing of the link in forums, newsgroups, message boards etc.;
·
Bidding
on keywords and phrases containing the "Reflex," “Presidia,” or any
other trademark, or variations or misspellings of the trademarked terms
belonging to Reflex Protect on Pay per Click or Pay per Impression campaigns on
the search engines (Google, Yahoo, MSN, Ask, Bing or others) without our prior
approval. You are not allowed to use the Reflex Protect Website(s) as display
URL in PPC ads and to direct-link or redirect to the Reflex Protect Website(s);
·
Using
non-unique copyright infringing content to promote Reflex Protect;
·
Using
traffic generated by pay to read, pay to click, banner exchanges, click
exchanges, PPV advertising, pop-up/under, or similar methods;
·
Providing
cash backs, rewards or any other kind of incentives to obtain the sale without
our prior approval;
·
Offering
price savings methods, including coupon(s), voucher(s), discount codes, or
added value offers without our prior approval;
·
Using
our advertising and promotional materials, trademark or name in a way which
negatively affects our image;
·
Using
iframes or any other techniques or technology that places your affiliate
tracking cookie by any means other than an actual click-through;
·
Using
link cloaking or masking techniques or technology with the goal to promote Reflex
Protect on websites and/or networks not explicitly listed in your affiliate
profile and hiding that traffic source;
·
Your
website(s) must NOT contain lewd, obscene, illegal or pornographic material, or
any other material that is deemed to be objectionable. This includes, but is
not limited to, bigotry, hatred, pornography, violence, satanic materials, any trademark
and copyright materials, all content of an adult nature, and any other
materials reasonably contrary to the Reflex Protect mission, the designation of
which is subject to our sole discretion;
·
Your
domain name(s), company name, logo, trademark, product(s), project(s),
service(s) must NOT contain keywords and phrases containing the "Reflex
Protect" or “Presidia Gel” trademark or any other variations or
misspellings confusingly similar to Reflex Protect or any of its other associated
trademarks, names, logos or domain names, without our prior written approval;
·
Your
domain name(s), company name, logo, trademark, your product(s), project(s),
service(s) must NOT contain keywords and phrases that contain or are
confusingly similar to third-party trademarks, names, logos or domain names,
unless you have been duly authorized by the trademark owner.
Reflex
Protect shall have the sole right to decide if a promotional method you use is
appropriate. The use of any advertising method that we consider inappropriate
may result in warning, suspension or termination of your affiliate account and
cancellation of all outstanding commission payments due.
4.
Affiliate Tracking Cookies
We
track affiliate sales automatically by the use of cookies. The cookies are
placed in the browser of the user that clicks on the affiliate link to reach
our website. Each cookie is stored for 60 days. If there is a previous
affiliate cookie in the same user’s browser the new cookies will overwrite it. Reflex
Protect is not responsible for cookies intentionally deleted by users.
5.
Affiliate Commissions
We
shall pay you a per-sale commission for any valid sale you refer to SiteGround.
For a valid sale ALL of the following are true:
·
The
sale was made as a result of your active referral efforts. We determine that if
any of the following is true:
·
At
the time of order the customer has an active cookie indicating you as the last
affiliate who referred them to our website, provided that the customer has not
reached our website through a search engine with a search string not containing
the SiteGround name;
·
You
claim that you have referred a customer no later than 2 months from their order
date, the customer does not object to that claim and we do not have information
that attributes the sale to another advertising channel.
·
Your
affiliate account must be active at the time of the sale. No commission is due
for sales that were made before you registered for our Affiliate Program.
·
The
customer you refer has not used our services before and has not signed up for
an affiliate account with us before.
·
The
customer completed their order processes without any assistance from you,
including when you act on behalf of the customer.
·
The
sale is for any of our web hosting plans. Sales for other services or
additional account features do not qualify for commissions.
·
The
sale is for any of our web hosting plans at any billing cycle. If the sale is
for a shared hosting plan for more than 1 month, the item price should be more
than 40 USD, 40 EUR, 40 AUD, 30 GBP, or the equivalent of 40 USD as per the
average monthly exchange rate for any other respective currency that might be
used by the customer to complete payment for their hosting account.
·
The
referred customer has maintained his account active, with a domain name pointed
to one of our servers and a website with user-uploaded content for the minimum
required period as described below. User-uploaded content is defined as content
different from any default installation via automated installation tools we
provide or different from any default content you upload across the accounts
you refer. The minimum required period is set to:
·
More
than 30 days for accounts initially ordered with a billing term longer than one
month.
·
More
than 90 days for accounts initially ordered with a one-month billing term.
·
Sales
of hosting accounts that are cancelled by the customer or suspended by
SiteGround for any reason do not qualify for an affiliate commission.
·
The
initial order payment and any related service renewal payments of the referred
customer are fully processed and are not subject to refund or chargeback.
We
reserve the right to mark any sale as invalid at our own discretion, without
providing any explanation or justification.
6.
Commission Payments
SiteGround
shall pay all affiliate commissions based on the structure and in the currency
outlined on the Affiliate Program signup page, unless a custom agreement exists
in writing. Any commissions earned for valid sales will be paid out after a
holding period of 30 days. We reserve the right to extend the holding period as
set out in the T&C and without prior notice for as long as is reasonably
necessary in order to establish the validity of a sale.
We
process commission payouts once per week or less often depending on your
preferences. Affiliate commissions are paid out via PayPal and you are
responsible for any transaction fees, unless a custom agreement applies.
You
are solely responsible for keeping all your information up to date including
postal and email addresses, name, payment information, tax information and any
other personal information that will impact our ability to process a commission
payout. We will suspend commission payouts until we have all required details,
including your tax information. Payout on suspended commissions can be claimed
up to 6 months from the date they would have been originally due for payment.
We
may suspend your commission payouts at any time and for any period, if we
suspect fraudulent or other improper activity or a potential violation of this
Agreement by you or any customer you refer.
We
reserve the right to deduct from your current and future commissions any and
all commissions paid out for sales that are fraudulent, questionable, or
canceled. Where no current and future commissions are due, we will send you a
bill for the balance of such refunded purchase upon termination of the program
or termination of the referred customer account.
7.
Invoicing
We
shall provide you with a statement of commissions due in you Affiliate Area.
If
applicable for your country of residence, we will issue self-billing invoices
for all commission payouts, including applicable taxes. The Affiliate Program
Terms and Conditions will be considered a valid Self-billing Agreement between
you and Reflex Protect that shall continue until termination of your Affiliate
account. By signing up for our Affiliate Program you agree to accept
self-billing invoices raised by Reflex Protect on your behalf, not to raise any
sales invoices for the commission payouts you receive from Reflex Protect, and
to notify us immediately if you change your name, company details or tax
registration status.
8.
Relationship of the Parties
Both
Reflex Protect and the Affiliate agree that they enter into this Agreements as
independent contractors, and nothing in this Agreement will create any
partnership, joint venture, agency franchise, sales representative, or
employment relationship between them. The Affiliate has no authority to make or
accept any offers or representations on the behalf of Reflex Protect. The
Affiliate cannot make any statement, whether on the Affiliate website or
otherwise, that reasonably would contradict anything in this section.
9.
Account Termination
You
can cancel and terminate your affiliate account at any time by contacting us
through your Affiliate Area. We will send you written confirmation that your
account has been terminated.
Reflex
Protect can terminate an affiliate account:
·
With
a seven-day prior notice without explanation.
·
Immediately
with no prior notice, if you or your affiliate account violate the Affiliate
Program Terms and Conditions.
·
Immediately
with no prior notice, if you have not generated any sales for a period longer
than 6 months.
Once
an affiliate account is terminated, we will no longer track the sales
associated with the affiliate and you will not qualify for future affiliate
commissions. Any commissions due at the time of termination will be paid to the
Affiliate after any holding period and in accordance with a regular payout
cycle. No outstanding commission payments will be due if we terminate your
account because of violation of this T&C and an administrative fee of US$20
shall be due by the Affiliate.
Upon
termination of the Affiliate account, the Affiliate is obliged within 3
business days to remove all promotional materials, trademarks, links, logos and
slogans of Reflex Protect from the Affiliate web site or social media
platforms. This provision shall survive the termination of the Agreement. After
the termination of this Agreement, the Affiliate shall not have the right to
use Reflex Protect trademark(s), logo and slogans and shall refrain from any
actions which may directly or indirectly adversely affect the image and
reputation of Reflex Protect, as well the business relations with its current
and potential clients.
Upon
termination of the affiliate account, this Agreement shall be automatically
terminated.
10.
Limitation of Liability
YOU
AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT
UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR
OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST
SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR
ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER
IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE
LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS,
OR CLAIMS OF LIABILITY UNDER THIS AGREEMENT OR UNDER ANY OTHER DOCUMENT FOR AN
AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE ONE MONTH
PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY
WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
This
provision shall survive termination of the Agreement.
11.
Governing law
Any
dispute, controversy or claim arising under this Agreement shall be resolved in
accordance with the legislation in the jurisdiction where the Reflex Protect
entity or associated service provider servicing your Affiliate account is
located.
12.
Changes to the Affiliate Program Terms
We
may alter this Agreement and any policies or provisions incorporated by
reference at any time. The amendments and/or supplements of the Agreement shall
be effective immediately upon posting to the website of Reflex Protect. The
current T&C is always available on Reflex Protect’s website. If you do not
agree to any amendments, you must terminate your Affiliate account within 10
business days of the date of the amendment. Only an authorized Reflex Protect
agent or officer may alter this T&C. No oral explanation or oral
information given by any party shall alter the interpretation of this T&C.
Last
revised: February 1, 2020
Reflex Protect™ is a trademark of and the Reflex Protect training system and/or application (“App”) is a service product belonging to Reflex Red Storm, LLC, (“RRS”), a Montana limited liability company having its headquarters at 1121 E. Broadway Ste. 135, Missoula, MT 59802 (referred to herein as “Reflex Protect” or “us” or “we”). This document explains what information we collect about our various valued users and subscribers (referred to as “Users” or “You”) to our online-based, training, and any App services and how we use this information.
The privacy of your Confidential Information is important to us. We design and operate our technology and services with our Users’ personal safety, ease and speed of use, convenience, security, and bottom line foremost in mind, but protection and privacy of Users’ private information is important as well, and it is important for Users to understand the distinction. This Privacy Policy outlines the types of information we gather when Users access the Reflex Protect training system and/or App and/or use our technology and services in general, as well as some of the steps we take to safeguard Confidential Information against unauthorized use.
Data collection
Reflex Protect routinely collects personal and location-based information from Users subscribing to the App and using our technology in order to allow for proper assignment, transmission of the results of the assignment, and payment relating to the assignment. Reflex Protect will collect personal information from or about you when you create your Reflex Protect account and/or use the App, including banking or other financial data if necessary and appropriate (“Confidential Information”), as well as personally identifying data and potentially time sensitive location-based data (“Data”) (the two collectively referred to generally as “Information”), which Information may be stored, processed, and/or accessed by Reflex Protect, as well as its service providers or other customers, for business purposes, (a) directly related to the training purpose of Reflex Protect and/or the App, and (b) related to Reflex Protect’s general business purposes, including marketing, lead generation, service development and improvement, analytics, industry and market research, and such other purposes consistent with Reflex Protect’s legitimate business needs. By submitting Information to Reflex Protect during the account creation process and/or by using the App or other Reflex Protect training, services, or technology, you consent to such collection and use of the Information.
Data Disclosure
Subject to all applicable laws, Reflex Protect may provide to a third party User Information collected hereunder if: (a) there is a complaint, dispute, or conflict relating to a User or a transaction utilizing the App; (b) it is necessary to enforce the terms of the Terms of Use or any other agreement between Reflex Protect and the User; (c) it is required, in Reflex Protect’s sole discretion, by applicable law, regulation, ordinance, license, or agreement; (d) it is necessary, in Reflex Protect’s sole discretion, to protect the safety, rights, property, or security of Reflex Protect, the App or other Reflex Protect services, any other User, or any third party; to detect, prevent, or otherwise address fraud, security, or technical issues; and/or to prevent or stop activity Reflex Protect, in its sole discretion, considers to be, or to pose a risk of being, illegal, unethical, or legally actionable. Notwithstanding the foregoing, prior to disclosing User Confidential Information to a third party, Reflex Protect will use commercially reasonable efforts to inform User to provide User an opportunity to pursue protective measures to such disclosure from a court of proper jurisdiction. In all cases, however, User expressly consents to Reflex Protect’s use of location-based services and expressly waives and releases Reflex Protect from any and all liability, claims, causes of action, or damages arising from your use of the training, App, or any Reflex Protect technology or services, or in any way relating to the use of the Data and other location-based services.
Reflex Protect may make use of standard a identification technology found in websites, mobile applications, electronic communications, advertisements, and other software services, called a "cookie," to assign each visitor a unique, random number for a number of purposes, including: authenticating users, remembering user preferences and settings, determining the popularity of content, delivering and measuring the effectiveness of advertising, analyzing site traffic and trends, and collecting other statistical information to help us deliver more personalized and better service to our Users. Users may disable cookies (or other forms of identification technology used from time to time by Reflex Protect), but doing so may limit the effectiveness of the App or other services in respect of the User experience. User consents to Reflex Protect’s use of such technologies.
Reflex Protect does not knowingly collect or maintain personal information from any Person under the age of 18 (“Minors”). Minors may not use our technology, training, or App without previously arranged written consent under special circumstances with parental consent. If we learn that any personal information about any Minor has been collected without parental consent, then we will take reasonable steps to delete any such information.
Security Practices
When a User submits Confidential Information (such as credit card numbers, bank accounts, passwords, or the like) to Reflex Protect, whether through the webiste, App, or other technology, we encrypt that information using encryption techniques common in e-commerce, such as secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and while maintaining this information. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot and do not guarantee the information’s absolute security.
We will use subscription or registration information provided by Users only to provide or update our services, and we will not sell or license that information to third parties.
Legal Jurisdictions
Our websites, servers, and mobile technology are hosted through Shopify and are subject to its underlying user agreements, the choice of law provisions therein, and U.S. federal law. Our offices are located in the State of Montana. If you are accessing our technology from other jurisdictions, please be advised that you are transferring your personal information to us in accordance with any choice of law rules governed by the Shopify agreements as well as to us in Montana, and by using any of our technology, you consent to that transfer and to abide by the applicable laws of those States and applicable U.S. federal law concerning your use of the App and other Reflex Protect technology and your agreements with us. Any Persons accessing our servers, websites, or mobile technology from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use, and disclosure different from those of the jurisdictions mentioned above may only use the technology in a manner lawful in their jurisdiction. If your use of our technology would be unlawful in your jurisdiction, please do not use Reflex Protect.
Changes to This Policy
Reflex Protect constantly strives to provide the best products and services. Because the digital world is a dynamic and ever changing medium and as new or changed products and services are released and threats and technologies evolve, changes to this policy may be required. Reflex Protect reserves the right to amend this Privacy Policy at any time. We expect most such changes to be minor, but there may be cases where changes may be more significant. We urge you to examine this policy for changes when using this site.
Contact Us about Privacy
If you have any questions or concerns about this Privacy Policy or our software or technology practices, please contact us at info@ReflexProtect.com.