Affiliate Agreement
This Affiliate Agreement ("Agreement") is by and between Cloaked Wireless, and you the Affiliate.
WHEREAS, Cloaked Wireless desires to establish an affiliate program to promote its wireless services (the "Services"), and the Affiliate desires to participate in such a program;
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants contained herein, the parties agree as follows:
1. Program Participation
1.1. Cloaked Wireless grants Affiliate a non-exclusive, non-transferable right to participate in the Cloaked Wireless Affiliate Program (the "Program") in accordance with the terms and conditions of this Agreement.
2. Affiliate Responsibilities
2.1. Promotion. Affiliate shall use commercially reasonable efforts to promote the Services in accordance with this Agreement and any Program guidelines provided by Cloaked Wireless.
2.2. Advertising.
2.2.1. Affiliate shall be responsible for creating its own advertising materials to promote the Services.
2.2.2. All Affiliate advertising materials, including the use of Cloaked Wireless logos, must be pre-approved by Cloaked Wireless in writing prior to use.
2.2.3. Affiliate shall acknowledge that the Services are intended for use by people residing in the USA and that use of the Services is subject to Cloaked Wireless' terms and conditions.
2.3. Unique Code. Cloaked Wireless shall provide the Affiliate with a unique code ("Code") to be used for tracking referrals. The Code shall be deactivated upon termination of this Agreement.
2.4. Compliance. Affiliate shall comply with all applicable laws, regulations, and industry standards in connection with its performance under this Agreement.
3. Referral Commissions
3.1. For each new customer ("Customer") who signs up for the Services using the Code, Cloaked Wireless shall pay Affiliate a commission equal to 75% of the first month’s payment (before taxes / fees).
Examples:
$56.25 commission if the customer chooses the $75 plan and does not use a discount code..
$27 commission if the customer chooses the $45 plan, uses a 20% code ($45-$9=$36x75%=27)
4. Term and Termination
4.1. This Agreement shall commence on the Effective Date and shall continue until terminated by either party upon five (5) days' written notice.
4.2. Notwithstanding termination of this Agreement, Cloaked Wireless shall remain obligated to pay Affiliate for all commissions earned on referrals who signed up prior to the termination date, in accordance with Section 3.
5. Representations and Warranties
5.1. Each party represents and warrants that it has the full power and authority to enter into this Agreement and perform its obligations hereunder.
5.2. Affiliate represents and warrants that all advertising and promotional materials used by Affiliate will be accurate, not misleading, and will comply with all applicable laws and regulations.
6. Disclaimer of Warranties
CLOAKED WIRELESS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
7. Limitation of Liability
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Confidentiality
8.1. Each party agrees to hold in confidence all Confidential Information (as defined below) of the other party and not to disclose such Confidential Information to any third party without the prior written consent of the disclosing party.
8.2. "Confidential Information" means any information disclosed by one party to the other party in connection with this Agreement that is designated as confidential or that, by its nature, ought to be treated as confidential, including the details of this agreement.
