Partner Signup

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General

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Email *
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Email Confirmation *
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Phone Number
Company

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Company/Individual/Website Name *
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Website/Social Media *
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Address

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Billing

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Additional Information

Referral Code
What is your Skype Handle?
What verticals do you work in? *
Auto Insurance
Health Insurance
Life Insurance
Personal Injury
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Home Services
Solar
Home Security
Debt Consolidation
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Did you sign up for a specific offer? *
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Direct Publisher, Network or Both? *
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What Affiliate Networks have you worked with? *
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Affiliate Marketing - Yrs in Industry *
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How did you hear about us? *
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Obtained User Consent for Email Offers? *
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Describe the sites and methods used to advertise *
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Terms and Conditions

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Inbounds.com Terms *
Inbounds.com Partner Program Terms & Conditions

These Inbounds.com Partner Program Terms and Conditions (the “Terms”) are entered into by and between Inbounds LLC d/b/a Inbounds.com (“Inbounds.com”) and you (the “Partner”) governing Partner's participation with the inbounds.everflowclient.io website, and all services and offerings in connection therewith (the “Partner Program”).  If you do not agree to these Terms, you are prohibited from using or accessing the Partner Program. We may modify these terms at any time by posting the revised terms to our website. Your continued participation in the Partner Program means that you have accepted the changed terms.

1.	Partner Program Scope.  Partner has the opportunity to receive commissions by driving consumer traffic to offers (each, an “Offer”) by Inbounds.com or a third party (each such third party a "Client") to a specific web site for that particular Offer ("Program Web Site") pursuant to the terms and restrictions set forth herein.

2.	Qualified Actions.  Whether an action by Partner is compensable for a commission as set forth herein shall be determined at the sole discretion of Inbounds.com (a “Qualified Action”).  At a minimum, A Qualified Action requires individual person who (i) accesses the Program Web Site via a hyperlink, creative materials, or other instructions specific to Partner as provided by Inbounds.com (a “Link”), where the Link is the last link to the Program Web Site, (ii) is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person, (iii) is not using pre-populated fields, (iv) completes all of the information required for such action within a timely manner, and (v) is not later determined by Inbounds.com to be fraudulent, incomplete, unqualified or a duplicate user.

3.	Records.  Inbounds.com shall automatically generate an invoice on behalf of Partner for all Commissions payable under these Terms and shall remit payment to Partner based upon that invoice as set forth in the Payment provision below. All tracking of Links and determinations of Qualified Actions and amounts payable shall be made by Inbounds.com in its sole discretion. Partner must submit any dispute regarding payment to Inbounds.com in writing and in sufficient detail within thirty (30) days of the date on the invoice. If Partner does not dispute the invoice as set forth herein, then Partner agrees that it irrevocably waives any claims or challenges based upon that invoice.  To the extent that there is a discrepancy between the tracking of Qualified Actions between Partner and Inbounds.com, the records of Inbounds.com shall control unless Partner can conclusively prove the inaccuracy of Inbounds.com’s tracking.

4.	Permitted Channels; SMS Texting Prohibited.  Partner shall exclusively post links on internet websites or mobile applications owned or controlled by Partner, in email messages sent by Partner, or on online advertisements purchased by Partner, or via a Third Party Partner as permitted herein (collectively, “Media”).  Partner is prohibited from delivering Links or participating in the Partner Program via SMS, MMS, or other telephonic means.

5.	Payment.  Inbounds.com will pay Partner for each Qualified Action on a monthly basis, provided that the balance owed is greater than $250. Accounts with a balance of less than $250 will roll over to the next month and will continue to roll over monthly until the $250 minimum is reached. Inbounds.com reserves the right to charge back to Partner’s account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action, as determined by Inbounds.com at its sole discretion.  Payment to Partner for is dependent upon Clients providing payment to Inbounds.com.  Partner agrees that Inbounds.com’s payment commitment to it shall apply only to the extent that Inbounds.com has received such funds from the Clients.

6.	Partner Representations, Warranties, and Covenants. Partner represents, warrants, and covenants that:
a.	Partner shall not state, insinuate, or otherwise imply that Partner is Inbounds.com or any Client participating in the Partner Program, and further does not make any representations, warranties or other statements concerning Inbounds.com or Client or any of their respective products or services, except as expressly authorized herein or in writing by Inbounds.com or Client.
b.	Partner has sole responsibility for the development, operation, and maintenance of, the Media.
c.	The Media, and Partner’s transmission of the same complies with all applicable laws and the terms and conditions imposed by other parties, including email providers, social networking services and ad networks.  This includes the CAN-SPAM Act and the intellectual property or personal rights of Inbounds.com, Clients, or any third party.
d.	The Media will prominently post and make available to end-users, including prior to the collection of any personally identifiable information, a privacy policy in compliance with all applicable laws that clearly and thoroughly discloses all information collection, use and sharing practices, including providing for the collection of such personally identifiable information in connection with the Partner Program and the provision of such personally identifiable information to Inbounds.com and Clients for the intended uses by Inbounds.com and Clients.
e.	All materials posted on the Media or otherwise used in connection with the Partner Program (i) are not illegal, and (ii) do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities (such as gambling), contains profanity or otherwise contains materials that Inbounds.com informs Partner that it considers objectionable.
f.	Partner will not place a Link or any aspect of its participation in the Partner Program on any online auction platform (i.e., eBay, Amazon, etc.)

7.	Email Campaign Terms; Suppression List.  Whenever offering Links of Program materials through email communications, is responsible for ensuring for scrubbing against Inbounds.com’s suppression list which can be obtained through Inbounds.com’s Ezepo management software, or as otherwise directed by Inbounds.com from time to time.  Partner shall promptly communicate, no more than one business day following receipt, all opt-out requests via Ezepo or as otherwise directed by Inbounds.com. Any offer contained in partner’s email shall be limited to the Link unless otherwise approved in writing by Inbounds.com.  The Suppression List shall be used for the sole purpose provided herein, and Partner is expressly prohibited from using the Suppression List to develop mailing lists or other marketable products.  

8.	Internet Advertisements.  Any pop-ups/unders used for the Partner Program shall be clearly identified as being served by Partner in the title bar of the window.  Any client-side ad serving software used by Partner shall only have been installed on an end-user’s computer if the function of the software is clearly disclosed to end-users prior to installation, the installation is pursuant to an affirmatively accepted and plain-English end user license agreement, and the software be easily removed according to generally accepted methods.

9.	Use of Partner Network Campaigns.  For all Partners that maintain their own partner networks, Partner’s may provide Links in its partner network (the “Partner Network”) for access and use by those partners in the Partner Network (each a “Third Party Partner”). Partner agrees that it will expressly forbid any Third-Party Partner to modify the Links in any way. Partner agrees to maintain its Partner Network according to the highest industry standards. Partner must require and confirm that all Third-Party Partners affirmatively accept, through verifiable means, the terms of this Agreement prior to obtaining access to the Links. Partner shall promptly terminate any Third-Party Partner who takes, or could reasonably be expected to take, any action that violates the terms and conditions of this Agreement. Partner assumes all liability for the acts or omissions of its Third Party Partners, all of which shall be considered as the acts and omissions of Partner.  Partner shall cease the use of any Partner Network or Third Party Partner immediately upon the request of Inbounds.com.

10.	Intellectual Property.  Inbounds.com grants partner a limited and revokable license to use Links and any graphics, creative, copy or other materials owned by, or licensed to, Inbounds.com for the sole purpose of Partner’s participation in the Partner Program.  Inbounds.com may revoke Partner’s license any time by giving Partner written notice.

11.	Term and Termination.  Neither Partner nor Inbounds.com are committed to participation in the Partner Program.  Partner may cease its participation at any time by removing Links from its Media and Inbounds.com may terminate Partner’s participation by deactivating Partner’s Links.  Upon termination by Inbounds.com, Partner shall remove all Links and all materials related to the Partner Program.  Unless terminated by Inbounds.com on its reasonable belief that Partner breached the agreement, any unpaid balance due to Partner under the Partner Program shall be paid following Partner’s request for such payment.  

12.	Remedies for Partners’ Suspected Breach.  In addition to any other rights and remedies available to Inbounds.com under this Agreement, Inbounds.com reserves the right to delete any actions submitted through Partner’s Links and withhold and freeze any unpaid amounts or charge back paid amounts to Partner’s account if Inbounds.com reasonably believes that Partner has violated this Agreement.  Inbounds.com’s entitlement to withhold or charge back is irrespective of whether such amounts were earned as a result of such breach.

13.	Indemnification. Partner will defend, indemnify, and hold Inbounds.com and its Clients, lead purchasers, subsidiaries, successors, assignees, owners, directors, officers, employees, contractors, representatives, and agents harmless from and against any and all claims, governmental investigations, demands, actions, and proceedings, real or threatened, and all losses, judgments, awards, settlements, damages, fines, injuries, penalties, and costs (including, without limitation, reasonable attorneys’ fees and expenses) arising out of or related to (i) any breach or alleged breach of the Agreement by Partner or person or entity acting on its behalf, or (ii) Partner’s negligence or misconduct.  If Inbounds.com elects for Partner to provide defense, Partner will (i) obtain legal counsel reasonably acceptable to Inbounds.com; (ii) permit Inbounds.com to participate in the defense using separate counsel at its own cost; and (iii) not settle any action without the prior written consent of Inbounds.com (which may not be unreasonably withheld).

14.	Disclaimer of Warranties.  THE PARTNER PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMITTED BY LAW, INBOUNDS.COM MAKES NO WARRANTIES (INCLUDING IMPLIED WARRANTIES OF PURPOSE AND NON-INFRINGEMENT), GUARANTEES, REPRESENTATIONS, EXPRESS, IMPLIED, ORAL OR OTHERWISE.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INBOUNDS.COM DOES NOT WARRANT OR GUARANTY CONVERSION RATES, RESPONSE RATES AND/OR ANY REVENUE AMOUNT OR OTHER BUSINESS OUTCOME. THE PARTNER PROGRAM MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  INBOUNDS.COM HAS NO LIABILITY, WHATSOEVER, TO PARTNER OR ANY THIRD-PARTY, FOR ANY OTHER PARTY’S SECURITY METHODS OR PRIVACY PROTECTION PROCEDURES AND INBOUNDS.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT ANY OTHER PARTY’S SECURITY METHODS AND PRIVACY PROTECTION PROCEDURES WILL BE UNINTERRUPTED AND ERROR-FREE.  INBOUNDS.COM HAS NO LIABILITY FOR CLIENT’S USE OF, OR INABILITY TO USE, THE APPLICABLE LINKS AND INBOUNDS.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND/OR IMPLIED, THAT CLIENTS’ USE OF THE PARTNER PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE.  INBOUNDS.COM MAKES NO GUARANTEES, AND ACCEPTS NO RESULTING LIABILITY, FOR FAILURE TO MEET SCHEDULED DELIVERY DATES.

15.	Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR PARTNER’S BREACH OF INTELLECTUAL PROPERTY RIGHTS AND/OR PROPRIETARY INTERESTS RELATING TO THE PARTNER PROGRAM, IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THE TERMS FOR ANY LOST PROFITS; OR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR: (a) PARTNER’S BREACH OF INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIALITY OBLIGATIONS AND/OR PROPRIETARY INTERESTS RELATING TO THE PARTNER PROGRAM; AND/OR (b) PARTNER’S INDEMNIFICATION OBLIGATIONS ARISING HEREUNDER; EACH PARTY’S AGGREGATE LIABILITY UNDER THE TERMS IS LIMITED TO THE NET AMOUNT PAID BY OR TO CLIENT DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. 

16.	European Data Subjects.  Partner will not transmit any EU or UK customer or prospect data to Inbounds.com or otherwise through the Partner Program. In the event that Partner transmits an EU or UK customer or prospect data to Inbounds.com, Inbounds.com will immediately notify Partner and destroy the data.

17.	Miscellaneous.
a.	Relationship of the Parties. The parties are independent contractors, and nothing in these Terms or Partner’s participation in the Partner Program creates an agency, partnership, or joint venture between the parties.  Neither party has the authority to bind the other or incur any obligation on its behalf.
b.	Entire Agreement. These Terms represent the complete and entire expression of the agreement between the parties as to the matters addressed herein, and shall supersede any and all other agreements, whether written or oral, between the parties.
c.	Assignment. Neither party may assign, transfer or delegate any of its rights or obligations under these Terms without the prior written consent of the other party, and any attempts to do so shall be null and void.
d.	Third-Party Beneficiaries. Any Client referenced in a Link offered by Partner shall be considered a third-party beneficiary as related to Partner’s indemnification obligation as set forth in above.
e.	Severability. If any particular term of these Terms are not enforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose.
f.	Governing Law; Venue. These Terms and the Partner Program are governed by and construed in accordance with Delaware law without regard to the conflicts-of-law rules thereof. The jurisdiction and venue for all disputes hereunder will be the state and federal courts in New Castle County, Delaware, and the parties hereby consent to the personal jurisdiction of those courts.
g.	Waiver of Jury Trial. Each party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to the Terms or the transactions contemplated hereby.
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