1. SERVICES
The Partner shall create and post content promoting the products of the Advertiser as agreed between the parties at least 1 time per month. The content shall be created in line with the standards and specifications of the Advertiser and as per the schedule agreed upon. The Partner will check messaging with Goally prior to public posting.
2. COMPENSATION
In consideration for the Services, the Advertiser will pay Partner a fee for their services, based on the volume of sales. Partner compensation is detailed in exhibit A.
Exhibit A is attached to this Agreement, and incorporated herein by reference. Advertiser shall update the rates in Exhibits A from time to time based on market conditions and new product releases. Updates in rates shall be emailed to Partners.
3. INTELLECTUAL PROPERTY RIGHTS & WARRANTIES
The Partner represents and warrants that they are the sole owner of all content created and posted under this Agreement, that such content is original, and does not infringe upon any copyrighted material or violate any other intellectual property rights of any third party.
Advertiser shall have unrestricted rights in all content or material produced by Partner under this Agreement, including but not limited to:
a) Posting to social media platforms
b) Paid support of social media posts
c) Publishing to Advertiser's websites
d) Use in Advertiser's digital, email, or text message communications
e) Use in online advertising within social media platforms
f) Use in general online advertising (i.e., search, websites, digital, etc.)
g) Use in offline advertising (i.e., broadcast, print, display, etc.)
h) Combination with other content for any of the above uses.
4. PPC BIDDING RESTRICTIONS
The Partner agrees not to engage in PPC bidding on keywords "Goally" and "Goally Kid's Tablet" on any advertising platform. This restriction is imposed to protect the brand's integrity and prevent competitive bidding that could inflate advertising costs. The Advertiser reserves the right to review and approve any PPC campaign involving its branded keywords.
5. CONFIDENTIALITY
Partner will maintain in confidence the terms of this Agreement and will not disclose or use such information except as expressly permitted under this Agreement.
6. TERMINATION
Either party may terminate this Agreement upon providing written notice to the other party. Upon termination, Advertiser shall pay Partner for Services performed up to the effective date of termination.
7. GOVERNING LAW & VENUE
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado. Any disputes arising from this Agreement will be resolved in the courts of Denver County, Colorado.
8. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties, superseding in all respects any and all prior oral or written agreements or understandings pertaining to the engagement of Partner's services for Advertiser.
EXHIBIT A
Each Partner will be assigned a unique ShareASale tracking link, which must be used to accurately track and credit sales transactions to the Partner's account.
All valid transactions made using the assigned tracking link, after accounting for any cancellations, will be accrued to the Partner’s account. These transactions will form the basis for calculating the Partner’s compensation.
Partner accounts shall be compensated $50 for each P3 Tablet with 1 year premium apps sold.
Payment shall be made via ShareASale. Payments are sent out on the 20th of every month for the previous month’s commissions (unless the Merchant has opted for an extended lock date). Commissions that an Affiliate earns in January, for example, are eligible for payment on February 20th. If the 20th falls on a weekend, payments are sent out on the following Monday.
Bulk orders made by enterprises such as clinics and schools will be excluded due to the nature of bespoke agreements with those customers in addition to local, state, and federal anti-corruption laws.
