Affiliate Terms and Conditions
This Affiliate Terms and Conditions document together with the Affiliate Agreement Preamble (together the “Agreement”) are provided by PassportCard Complementary Insurance Agency (2021) Ltd (the “Company”, “PassportCard Nomads”, “We”), with its primary website being pcnomad.wpengine.com. The Agreement is a legal document between you and the Company that describes the affiliate relationship we are entering into. The Agreement covers your responsibilities as an affiliate and our responsibilities to you. Please ensure you read and understand the entirety of this document as well as the Affiliate Agreement Preamble, both of which together in their entirety form the relationship between us.
You can sign up for our Affiliate Program on our Affiliate Program webpage https://passportcardnomads.tapfiliate.com.
Signing up on the webpage does not guarantee inclusion in the Affiliate Program. We evaluate each and every application and are the sole and exclusive decision-makers on Affiliate acceptance. We may accept or reject applicants for any reason or manner, including but not limited to a website or social media page which violates our policies or values.
Payout policy and reporting
You will get access to our affiliate program dashboard which allows you to log in and view reports about the number of policies sold from referred leads and the estimated fees from these referred policies. The dashboard will not include any identifying information of the leads or subscribers.
Payouts will be available the month or period after they accrue. If this policy changes, we will notify you in advance. It is your responsibility to make sure that your personal details and accounting information are accurate and updated.
Payouts will be issued via bank transfer when you reach a minimum threshold of $10 (USD).
Final reports may be reviewed for accuracy before payout and thus may be different from the reports viewable by you in real-time.
Term and Termination
The term of the Agreement will start when you are accepted to the Affiliate Program. The Agreement can be terminated by either Party at any time without cause.
You may only earn payouts as long as you are an Affiliate in good standing during the term. If either you or the Company terminate the Agreement, you will qualify to receive payouts earned prior to the date of termination, unless such termination was done subsequent to a breach of the Agreement and the Affiliates Guidelines.
The Company owns extensive intellectual property which includes copyrights, trademarks, trade secrets, patents, and other intellectual property of the Company (“Company IP”).
Subject to the limitations listed below, we hereby grant you a non-exclusive, non-transferable, revocable license to access our websites in conjunction with the Affiliate Program and use the Company IP solely and exclusively in conjunction with identifying our company and brand on the Affiliate Site to refer potential subscribers using the links we provide. You may not modify the Company IP in any way and you are only allowed to use the Company IP if you are an Affiliate in good standing with us.
We may revoke this license at any time and if we find that you are using the Company IP in any manner not contemplated by the Agreement.
Other than as provided herein, you are not permitted to use any of the Company IP or any confusingly similar variation of the Company IP without our express prior written permission. This includes a restriction on using the Company IP in any domain or website name, in any keywords or advertising, in any metatags or code, or in any way that is likely to cause consumer confusion.
Please be advised that your unauthorized use of any Company IP shall constitute unlawful infringement and we reserve all of our rights, including the right to pursue an infringement suit against you in federal court. You may be obligated to pay monetary damages or legal fees and costs.
You hereby provide us a non-exclusive license to use your name, trademarks and service marks if applicable and other business intellectual property to advertise our Affiliate Program.
You agree not to use the Affiliate Program or our Company’s IP and/or name(s) for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Affiliate Program in any way that could damage our websites, products, services, or the lines of business of the Company.
You further agree not to use the Affiliate Program:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any intellectual property rights of the Company or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of the Company or any third party;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate, or discrimination towards any person or group of persons;
- To unlawfully gather information about others.
Relationship of the Parties
Nothing contained within the Agreement shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship. You are an independent contractor of the Company and will remain so at all times.
The Company does not accept responsibility for the security of your account(s) or content. You agree that your participation in the Affiliate Program is at your own risk.
The Company may have to interrupt your access to the Affiliate Program from time to time to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
You agree that your use of the Affiliate Program is at your sole and exclusive risk and that any services provided by us are on an “As Is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Affiliate Program will meet your needs or that it will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Affiliate Program is your sole responsibility and that the Company is not liable for any such damage or loss.
Limitation on liability
The Company is not liable for any damages that may occur to you as a result of your participation in the Affiliate Program, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to the Agreement is limited to one hundred ($100) US Dollars. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
Copyright and IP ownership
All title and copyrights in and related to PassportCard Nomads (including but not limited to any images, photographs, animations, video, audio, music, text, logos, programs, ideas, software, business methods, processes, business plans, and any other tangible or intangible asset) are owned by PassportCard Nomads and/or its related companies. The title, ownership rights, and intellectual property rights shall remain the property of PassportCard Nomads and/or its related companies. Title and related rights in some content accessed through the PassportCard Nomads and/or its related companies’ tools and digital assets may be the property of such content owner and may be protected by applicable law. This Agreement gives you no rights in such content.
Privacy and data protection
You and the Company agree that with regard to this cooperation they jointly determine the purposes and means of data processing within the meaning of Art. 4 No. 7 GDPR and that in this respect there is a joint responsibility within the meaning of GDPR.
This Data Protection Provision represents the arrangement between the parties between joint controllers within the meaning of Art. 26 GDPR.
Description of personal data processing
The purpose, type, and scope of the processing of personal data shall result from the Agreement concluded between the parties and any additional contractual provisions included in this respect.
Each party may process its data of subscribers and of potential subscribers introduced to PassportCard Nomads by you. The personal data processed may include the following categories of personal data: name, contact details, gender, birthday, passport number (or other forms of state issued identification number), e-mail address, profession, medical history and/or current status and financial information.
Responsibility for different personal data processing steps
- If you collect personal data then you are responsible for the collection of personal data of potential subscribers of PassportCard Nomads under applicable laws. You are also responsible for the information pursuant to Art. 13 GDPR and Art. 26 para. 2 sentence GDPR to potential PassportCard Nomads subscribers. PassportCard Nomads is responsible for the collection and processing of personal data of potential PassportCard Nomads subscribers in connection with the initiation of an insurance contract relationship.
- Each party is separately responsible for the processing and implementation of measures resulting from the exercise of the rights of data subjects under Art. 15 – 21 GDPR.
- Each party undertakes to comply with the technical and organizational measures required under Art. 32 GDPR as far as this concerns the processing of personal data for which joint responsibility exists.
1. REPRESENTATION AND WARRANTIES:
The affiliate hereby declares, represents, and warrants to the Company, and acknowledges that the Company is entering into this Agreement in reliance thereon, the following:
a. It has full right and power to enter into and perform this Agreement without the consent of any third party including, but not limited to former and existing parties with which the affiliate has, or had, business and/or employment engagements.
b. It may not sub-contract or otherwise delegate its obligations under this Agreement without the Company’s prior written consent.
c. The affiliate will cooperate with the Company, if the Company is required to provide information by any authorized authority
All communications made or notices given pursuant to the Agreement shall be in the English language.
3. JURISDICTION, VENUE & CHOICE OF LAW:
The Agreement and your participation in the Affiliate Program shall be governed by the laws of the State of Israel without reference to its conflict of law provisions.
In case of a dispute between the Parties relating to or arising out of the Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted by a single arbitrator, located in Israel, in the English language. The Arbitration may be conducted via video conferencing services agreed upon by the Parties. The arbitrator shall have no authority to add Parties, vary the provisions of the Agreement, award punitive damages, or certify a class. Each Party shall pay their own costs and fees.
The Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should the Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
If any part or subpart of the Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and subparts will be enforced to the maximum extent possible. In such condition, the remainder of the Agreement shall continue in full force.
7. NO WAIVER:
In the event that we fail to enforce any provision of the Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or subpart of the Agreement will not constitute a waiver of any other part or subpart.
8. HEADINGS FOR CONVENIENCE ONLY:
Headings of parts and subparts under the Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of the Agreement.
9. FORCE MAJEURE:
The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
10. ELECTRONIC COMMUNICATIONS PERMITTED:
Electronic communications are permitted to both Parties under the Agreement, including email. For any questions or concerns, please email us at the following address: firstname.lastname@example.org.