Affiliate Terms

Last Updated: 03/28/24

This Affiliate Agreement, along with the "INBOUND.software" Terms of Service incorporated herein by reference (collectively referred to as the “Agreement”), oversees your activity, application to join, and any subsequent participation in the "INBOUND.software" Affiliate Program (the “Program”). By accepting the Terms of Service, or by participating in the Program, you also agree to be bound by the terms herein. This Agreement constitutes a legal contract between the individual who accepts its terms or the business entity represented by the individual (“Affiliate,” “You” or “you”) and MAXLUMM LLC (“INBOUND.software,” “we” or “us”). If you represent a business entity, you represent and warrant that you have the authority to bind that entity to this Agreement. "INBOUND.software" reserves the right to modify the Agreement at any time. Your continued participation in the Program shall be deemed acceptance of any updated versions of the Agreement.

SECTION 1. PROGRAM APPLICATION

You agree to provide all information reasonably requested by "INBOUND.software" in connection with your Program application. You represent and warrant that all information you provide is truthful and accurate. You understand and agree that "INBOUND.software" retains sole discretion to determine your qualification for participation in the Program. "INBOUND.software" reserves the right to change its criteria for the Program at any time, for any reason. You expressly consent to be contacted about your application and the Program via the email address and phone number you provide in your application. Such contact may include automated dialing systems, texts, and artificial or pre-recorded messages. You may revoke this consent at any time by submitting a revocation in writing to [email protected].

SECTION 2. PROGRAM RULES (THE “RULES”)

To participate in the Program, you must comply with the following Rules. If "INBOUND.software" determines, in its sole discretion, that you are not in compliance with these Rules, you will be considered in breach of this Agreement, and "INBOUND.software" may terminate this Agreement and your participation in the Program immediately (including forfeiture of Earned Commissions), without liability, in addition to seeking any other available remedies in law and equity.

a. Compliance with Laws: You are responsible for compliance with all applicable laws and regulations. Specifically, you may only publish or distribute advertisements in strict compliance with all applicable laws and regulations, including laws prohibiting deceptive advertising and marketing, email marketing laws (like the CAN-SPAM Act), laws governing testimonials, and all guidelines issued by the FTC. "INBOUND.software" has sole discretion to determine whether your advertising and conduct comply with all laws.

b. Disclosure Requirement: On any website where you advertise any "INBOUND.software" Service or product, you must clearly display disclaimer language, such as: “Disclosure: I am an independent entity from "INBOUND.software." I am not an agent or employee of "INBOUND.software" and have no authority to make binding contracts or represent "INBOUND.software." I receive referral payments from "INBOUND.software." The opinions expressed here are my own and should NOT be interpreted as representations, guarantees, or statements made by "INBOUND.software" or any of its subsidiaries, agents, or assigns."

c. Non-Disparagement: You shall not make, publish, or communicate any defamatory or disparaging remarks about "INBOUND.software" or its employees or officers. You may not make negative comments about competitors to promote "INBOUND.software" products or services.

d. Social Media Requirements: If you advertise on social media platforms, you must comply with all rules imposed by each platform. This includes specific disclosure requirements like using Instagram’s “Paid Partnership” tool and including “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” in YouTube videos. Each post must comply with all applicable rules and include #INBOUNDsoftware and #ad in a clear location.

e. Marketing Claims: You are prohibited from making claims about "INBOUND.software" products and services that are inconsistent with or beyond the scope of marketing materials provided by "INBOUND.software" on its website. You cannot make any claims that "INBOUND.software" is a business opportunity or guarantees that a Prospect will make money by using "INBOUND.software" or becoming an Affiliate. All marketing materials must be true, accurate, and accompanied by a disclaimer about your personal results and that results may vary.

f. General Advertising Rules: Your affiliate website(s), social media posts, and any other advertising materials will not infringe on anyone’s rights, contain harmful or offensive content, or include viruses or harmful computer programming routines.

g. Pay-Per-Click (“PPC”) Guidelines: You may run paid advertising campaigns in compliance with the terms of this Agreement, Google's terms for PPC, and applicable laws and regulations.

h. Other Rules: You are responsible for ensuring compliance by your employees, agents, and representatives with this Agreement. You may not offer monetary incentives in return for responses to an advertisement. You will use only the links provided by "INBOUND.software" without modification. You may not engage in "self-refer" or deceptive practices to gain additional Commissions.

SECTION 3. COMPENSATION

Upon acceptance into the Program, you will receive a unique Affiliate ID. You may earn Commissions for each sale registered using your Affiliate ID. "INBOUND.software" reserves the right to determine which Affiliate is credited with a sale and to adjust Commission payout amounts at its discretion. Commissions are considered earned under specific conditions outlined in the Agreement. Commission rates may change, and all Commissions are paid in U.S. Dollars unless otherwise specified. You must meet a minimum earnings threshold and comply with required tax documentation to receive payouts.

SECTION 4. INTELLECTUAL PROPERTY RIGHTS

"INBOUND.software" may provide you with resources and materials for use in the Program. You acknowledge "INBOUND.software’s" ownership of these materials and agree to use them only as permitted by this Agreement. You will assist "INBOUND.software" in recording this Agreement with appropriate authorities if requested.

SECTION 5. TERM AND TERMINATION

The Agreement begins upon your acceptance or "INBOUND.software’s" approval of your participation in the Program. Either party may terminate the Agreement with 30 days’ written notice. "INBOUND.software" may also terminate the Agreement immediately for breach or violation of law. Upon termination, provisions that should survive will continue in effect.

SECTION 6. ADDITIONAL REPRESENTATIONS AND WARRANTIES

You warrant that there are no prior or pending government investigations or inquiries against you. You must notify "INBOUND.software" within 24 hours if you become subject to such an investigation or lawsuit. "INBOUND.software" may terminate your participation in the Program based on any investigation, proceeding, or lawsuit.

SECTION 7. ENTIRE AGREEMENT

This Agreement supersedes any previous agreements and represents the entire agreement between the parties regarding the Program.

SECTION 8. INDEPENDENT CONTRACTOR

You are an independent contractor of "INBOUND.software." No employee/employer or principal and agent relationship exists between "INBOUND.software" and you.

SECTION 9. DISCLAIMER

"INBOUND.software" does not guarantee your business success, income, or sales. You understand that "INBOUND.software" does not provide sales leads or referrals.

SECTION 10. LIMITATION OF LIABILITY

"INBOUND.software" and its affiliates are not liable for indirect, special, incidental, consequential, or punitive damages arising from or related to the Agreement, your use of "INBOUND.software," or any software, service, or product.

SECTION 11. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, & GOVERNING LAW

Disputes arising under this Agreement will be resolved by arbitration in Queretaro, Mexico, according to the Mercantile rules. The arbitration decision will be final and binding. Disputes must be brought on an individual basis, not as part of a class or collective action.

SECTION 12. INDEMNITY

You agree to indemnify "INBOUND.software" against all claims, damages, losses, and expenses arising from your breach of this Agreement, violation of law, or use of "INBOUND.software" property.

SECTION 13. SEVERABILITY

If any provision of this Agreement is found to be inconsistent with or contrary to law, it will be modified to comply with the law, and the Agreement will continue in effect.

SECTION 14. JUDICIAL ACTION FOR PROVISIONAL RELIEF

"INBOUND.software" may seek equitable or provisional relief in court for enforcement of rights or interests under this Agreement.

SECTION 15. COMPLAINT NOTIFICATION

You must notify "INBOUND.software" of any complaint received regarding advertisements within 24 hours.

SECTION 16. FORCE MAJEURE

Neither party will be liable for nonperformance of obligations due to events beyond their control, as long as reasonable notice and efforts to find a solution are provided.