Last Updated May, 2021
This referral partner agreement (“Agreement”) is between you (“Referral Partner”) and Kampaigns Ltd governing the terms of your participation in the Kampaigns Referral Partner Program (“Referral Partner Program”).
Anyone can join the Kampaigns Referral Partner Program and you are welcome to use all our referral partner tools as well as any ethical means of promoting our products.
By signing up to the Kampaigns Referral Partner Program you agree that:
- You are of legal age and there is no legal reason that would prevent or disallow you from promoting products as a referral partner and earning commissions from these promotions.
- Any website/newsletter/video or other content is originally created by you and/or licensed to you.
- Your promotional content and/or website is not in conflict with any laws.
- Your promotional content is not defamatory and does not violate any entity's rights.
- Your promotional content does not infringe any copyrights.
- You never do any kind of unsolicited promotions anywhere (commonly known as spamming).
- You will not use any fraudulent methods to generate impressions, clicks and commissions
- You are an overall awesome person with a knack for doing things ethically and legally.
By enrolling as a Referral Partner, Referral Partner hereby accepts the terms of this Agreement, and/or by continuing to participate in the Referral Partner Program following a notice by Kampaigns of a change in a revised Agreement, via email, Referral Partner agrees to be bound by this Agreement and any such noticed revisions.
We do everything in our power to support and help all friendly, non-cheating referral partners in any way we can. We will not share any of your data with anyone. The data we collect is used for us to keep in touch with you and make sure you get paid. Nothing more. Referral Partner wishes to refer leads to Kampaigns in exchange for a referral commission, as described below.
Referral Partner and Kampaigns agree as follows:
Referrals: “Referrals” is defined as any leads who have been referred by Referral Partner to Kampaigns using the Referral Partner’s unique referral tracking link (“Tracking Link”). The Tracking Link will be provided by Kampaigns. The Tracking Links are last-click-last-credit, and the cookies created by the Tracking Links have a ninety (90) day expiration. Referral Partners may not make any purchases using their own Tracking Link. Any potential referrals who did not use the Tracking Link cannot be subsequently credited to Referral Partner’s account.
Referral Activities: Referral Partner agrees that they will not promote any Kampaigns programs or use a Tracking Link in a way or on a site that: contains sexually explicit materials, contains violent materials, contains defamatory materials, promotes discrimination, promotes illegal activities, directs toward children under age 13, violates the CAN-SPAM Act, violates the guidelines or regulations of the Federal Trade Commission, violates rights to publicity, violates rights to privacy, or violates intellectual property rights.
Referral Partner agrees that they will not use their tracking link in any paid placement or advertising via any third party platform, including but not limited to Google Ads or Facebook Advertising. Referral Partner may use paid placements and advertising to direct users towards Referral Partner’s own social media profiles and Referral Partner’s own websites, where the tracking link sending referrals to Kampaigns may be located.
Referral Fees: Referral Fees is defined as the gross revenue of any fees paid by Referrals to Kampaigns for the purchase of any Kampaigns products, programs or service.
Referral Commissions: All approved Kampaigns Referral Partners can generate Referral Commissions by referring leads (customers) through their individual referral links, accessible in the Partner Center.
- Our Standard Affiliates earn 50% commission for selling Kampaigns front-end products (Products less than $100).
- Our TEA Partners earn 50% commission for selling Kampaigns front-end products (Products less than $100), 30% on the mid-ticket products (Products less than $1000) and 20% on the high-ticket products (Products less than $5000).
- Our TEA Elite Partners earn 90% commission for selling Kampaigns front-end products (Products less than $100), 50% on the mid-ticket products (Products less than $1000), 50% on the high-ticket products (Products less than $5000) and 10% on workshops & masterminds.
Such Referral Fees for all programs, payable after the expiration of a fourteen day refund period (“Referral Commissions”). Referral Commissions will not be paid on any Referral Fees that have been refunded. Referral Commissions for purchases on payment plans or recurring payment programs will be disbursed on a monthly basis as payments are made.
Kampaigns agrees to pay Referral Partner any accrued, approved and non-refunded Referral Commissions twice every month in US Dollars to your PayPal account, with a 14 day delay and with a minimum payment threshold of $50. The first payment is payable on the first of the month and the second payment is payable on the fifteenth of the month, both payments following the expiration of the fourteen day refund period for our products. The 14 day delay in payments ensures that you get all of the non-refunded commissions for your referrals.
The minimum payout is kept very low, at just $50. We don’t aim to hold anyone’s referral commissions hostage, so we set the payout limit as low as reasonably possible. Almost any sale you refer will bump you above the payout limit instantly. Your combined referral commissions amount must equal or exceed Fifty Dollars ($50.00) before You receive a payment from Kampaigns. If Your combined referral commissions for a given month are less than $50.00, Your referral commissions will be held until Your combined referral commissions equals or exceeds $50.00.
In the event that a Prospect has multiple Referral Cookies, the most recently-acquired Cookie will determine which Referral is credited with a Sale.
Referral Commission amounts may vary depending on the products and campaigns promoted. Kampaigns reserves the right to change referral commission amounts at any time (you will be notified in advance if this happens and the changes are never retroactive). It is the referral partner's responsibility to ensure that their referral partner links and promotional banners are placed within their promotional material correctly.
Term: This Agreement shall commence on the date of enrollment and shall continue until the Agreement is terminated under this section. Either party may terminate this Agreement at any time, for any reason, with or without cause, via a written notice. Upon termination, Kampaigns will continue to pay Referral Commissions for any Referrals that were referred by Referral Partner to Kampaigns before the effective date of termination.
Accounting: At any time, Referral Partner may access the Kampaigns online Partner Center to run an accounting report of the number of Referrals, the Referral Fees paid, and any Referral Commissions due.
Not an Employee: Referral Partner is an independent contractor, and is not an employee of Kampaigns. Referral Partner is not entitled to workers’ compensation benefits or unemployment benefits, and is obligated to pay federal, state, or local income tax on any moneys earned pursuant to this Agreement or any other agreement between the parties, if any such taxes are required. Referral Partner will maintain workers’ compensation insurance, if required. Referral Partner will indemnify and hold Kampaigns harmless for penalties arising from Referral Partner’s failure to pay taxes on behalf of or wages to any person.
No Joint Venture: The parties are not engaged in a partnership or joint venture. Nothing in this agreement shall be construed to place the parties in a partnership or joint venture. The parties are not authorized to obligate or bind each other, and are not agents of each other.
Relationship Identification: Referral Partner may not make any statement that implies a partnership, joint venture, agency, franchise, sales representative, or employment relationship between Referral Partner and Kampaigns. Referral Partner may not make any statement that implies that Kampaigns is endorsing Referral Partner. Referral Partner must disclose their referral partner relationship with Kampaigns to the extent required by the guidelines and regulations of the Federal Trade Commission.
Warranties: Referral Partner represents and warranties that it will not engage in any violations of the CAN-SPAM Act or any other laws, rules, or regulations, in promotion of any Kampaigns programs or its activities pursuant to this Agreement. Referral Partner represents and warrants that it will only engage in promotional activities that are commercially reasonable, are not in violation of the terms of service of any service or website being used, and are not misleading to any party. Referral Partner warrants that any promotional activities will not infringe upon the copyright, trademark, trade secret, publicity rights, privacy rights, trademarks, or other interests of any other person or property. Kampaigns expressly disclaims any warranties, guarantees, or conditions of any kind.
No Warranty, No Leads: Kampaigns does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that Kampaigns will not at any time provide sales leads or referrals to You. Additionally, Kampaigns websites and services are provided “as is” without warranty of any kind, either express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose and noninfringement. Kampaigns makes no representation or warranty as to the accuracy, reliability, timeliness or completeness of any material on or accessible through any Kampaigns website or service. Any reliance on or use of such materials shall be at your sole risk. Kampaigns makes no representation or warranty (a) that any Kampaigns website or service will be available on a timely basis, or that access to any Kampaigns website or service will be uninterrupted, error-free or secure; (b) that defects or errors will be corrected; or (c) that any Kampaigns’s website or the servers or networks through which any Kampaigns’s website is made available are secure or free of viruses or other harmful components. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Indemnification: Referral Partner agrees to indemnify Kampaigns against all claims and damages arising out of the breach or alleged breach of any representations, warranties, or agreements made by it under this Agreement.
Damages: To the extent allowed by law, under this Agreement, Kampaigns will not be liable for indirect, special, incidental, punitive, exemplary or consequential damages, regardless of legal theory, whether or not it has been warned of such damages, and even if all other remedies would fail.
Limited License: Referral Partner has a limited, revokable, non-transferable, non-sublicenseable, non-exclusive, world-wide, royalty-free license to use and display certain trademarked and copyrighted works regarding the Kampaigns programs, including graphics, photography, and writings, only as contained in the Referral Partner resources provided by Kampaigns (“Referral Partner Resources”), only for the purpose of promoting the Kampaigns programs. This license does not include a license to alter, add to, subtract from, or otherwise modify such Referral Partner Resources, except at the express written permission of Kampaigns. This license expires immediately upon termination of this Agreement. Referral Partner does not receive any ownership rights or any other interests in Kampaigns, in the various programs offered for sale by Kampaigns, or in the Referral Partner Resources, excepted as expressly described in this section.
Contact Information and Notice: Referral Partner must have a PayPal account, and has the duty to keep their email address (including their PayPal email), tax number, name, business entity, and any other contact information, complete, accurate, and up-to-date at all times. Referral Partner hereby agrees that any written notice under this Agreement may be sent to Referral Partner via the email address provided by Referral Partner.
No Waiver: None of the terms of this Agreement can be waived or modified except by an express agreement in writing signed by all of the parties.
Entire Agreement: This Agreement along with Kampaigns’s standard Terms and Conditions constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral agreements between them or any of their referral partners, with respect to the subject matter contained herein.
Section Headings: The section headings of this Agreement are for convenience of reference only and shall not be deemed to alter or affect any provision hereof.
Assignment: Referral Partner may not assign this Agreement to any other party without Kampaigns’s written consent.
Dispute Resolution and Governing Law: We at "Kampaigns" encourage you to contact us if you’re having an issue. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of Scotland in the United Kingdom, without giving effect to any principles of conflicts of law. You agree that "Kampaigns" and its Services are deemed a passive website that does not give rise to jurisdiction over "Kampaigns" or its parents, subsidiaries, referrals, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than Scotland in the United Kingdom.
You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding. In addition, you agree to resolve disputes with "Kampaigns" on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations.
You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or "Kampaigns" commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
Modification/ Amendments: This Agreement and Kampaigns’s standard Terms and Conditions may be modified by Kampaigns at any time, with or without prior notice to You. Amendments or Modifications to this Agreement or the Terms and Conditions will be binding on You when they are sent to You via e-mail, or are posted in the partner center. No amendment to this Agreement or the Terms and Conditions shall be valid unless authored or signed by Kampaigns. Your continued acceptance of Referral Commission payments constitutes Your acceptance to any modifications or amendments to this Agreement.
Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement shall not in any way be affected or impaired.
Force Majeure: Kampaigns will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Kampaigns. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Kampaigns shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
Corporate Authority and Acknowledgement: The persons executing this Agreement on behalf of the Referral Partner warrant that they are duly authorized to execute this Agreement on behalf of the Referral Partner and that in so executing this Agreement the Referral Partner is formally bound to the provisions of this Agreement. The Referral Partner agrees that it has had an opportunity to review this Agreement in full, and that checking the box below constitutes valid acknowledgement of this Agreement.
Referral Partner and Merchant Rights: To be an authorized partner of Kampaigns, you agree to abide by the terms and conditions contained in this agreement.
Please read this agreement carefully before registering and using the Kampaigns Referral Partner Program. By signing up for the Kampaigns Referral Partner Program, you indicate your acceptance of this agreement and its terms and conditions.
All referral partner signups are subject to approval by the owners and administrators of Kampaigns. Kampaigns reserves the full rights on all products and tools offered inside the referral partner program. The promotional tools are not to be considered PLR material and partners as well as customers do not have resale rights in any way.
Kampaigns retains the right to reject any referral partner at any time, for any reason and regardless of any previous conditions. Any attempts to use unethical or illegal promotion methods as well as any attempts to deceive Kampaigns and the operators of the referral partner program will lead to immediate closure of the referral partner's account as well as the blocking of any further attempts of that same referral partner or proxies of that same referral partner to sign up.
If you have any questions about any of this, please contact us at: [email protected]