Referral Program Terms of Service
By becoming an Affiliate in the Credit Card Terminal Referral Program (“Program”), a program of Inner Fence, LLC (“Inner Fence”), you agree to the following terms and conditions (“Terms of Service”). Please read these Terms of Service carefully before using the Program. If you do not agree to be bound by the Terms of Service, you should discontinue use of the Program immediately. Violation of the Terms of Service will result in the termination of your account and forfeiture of any outstanding referral commission payments earned during the violation.
Inner Fence reserves the right to revise our site, policies, and these Terms of Service at any time and without notice. Any enhancements or updates made to the current Program shall be subject to the Terms of Service. The current version is available at: https://www.innerfence.com/legal/referral
- You must be at least 18 years old to be part of this Program.
- You must live in the United States.
- You must provide a valid email address, legal full name, and any other information necessary to complete the signup process.
- Your account may only be used by one person. Sharing one account with multiple people is not permitted.
- You or your legal entity may not maintain more than one account.
- You are responsible for keeping your password secure to prevent others from accessing your account.
- You are responsible for all Content posted and any activity that occurs under your account.
- You agree to use the Program at your own risk.
- You may not use the Service for illegal or unauthorized purposes, including violation of local laws.
- Registering accounts using automated methods, including “bots”, is not permitted.
- You may not use the Program to earn money on your own accounts.
As part of the Program, you will be assigned a unique Referral Code. You are permitted to place links, banners, or other graphics we provide with your Referral Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use when linking.
For accurate reporting and tracking of referral fees, we will provide you with a special link. You must use this special link when linking as part of this Program. You will only earn referral fees from sign ups that use this link directly. We are not liable to you for any failure by you or someone you refer to use this special link, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
To earn a referral fee, the customer must click through a special link to the Inner Fence web site and sign up for an Authorize.Net Merchant Account. The session ends once someone closes their web browser, navigates away from the Product Site, or otherwise leaves the Inner Fence web site without signing up for an Authorize.Net Merchant Account before leaving the site. If they leave the site, come back later on their own, and then signup, you will not earn a commission.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they signed up or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.
Sign-up commissions are earned once the customer has been approved for a merchant account and has been a customer in good standing for a period of three months. At that time, a one-time commission of $100 is earned.
The commission structure is subject to change at our discretion. We will notify all Affiliates 30 days prior to a commission structure change. Commissions earned under the previous structure will be paid under the previous structure. Commissions under the new structure will be paid under the new structure.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Commissions are paid by check. You'll be paid roughly every 45 days. We reserve the right to change the method and timing of payments.
Identifying yourself as an Affiliate
You may not issue any press release with respect to your participation in the Program or this Agreement. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.
Customers who sign up through this program will be deemed to be our customers, and will be subject to all of our rules, policies, and operating procedures. We reserve the right to change our policies, operating procedures, and prices at any time, in our sole discretion. You must not display Inner Fence service prices on your site.
Responsibility for your Site and Materials
You will be solely responsible for the development, operation, and maintenance of your website and for all materials that appear on your website. For example, you will be solely responsible for:
- The technical operation of your website and all related equipment
- The accuracy and appropriateness of materials posted on your website (including, among other things, all product and service-related materials
- Ensuring that materials posted on your site and that the operations of your website do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, patents, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on your site are not libelous or otherwise illegal
We disclaim all liability for these matters. Further, you will indemnify, defend and hold us harmless from all claims, damages, liabilities and expenses (including, without limitation, attorneys' fees) relating to the use, development, operation, maintenance, and contents of your website.
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement
The term of this Agreement will begin upon your participation and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to Inner Fence, and all of our trademarks and logos, and all other materials provided by or on behalf of us to you. You are eligible to earn referral incentives only on sales that occur during the term, and referral incentives earned through the date of termination will remain payable only if the related orders are not canceled or returned.
Relationship of Parties
Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
You can terminate your Account at any time by sending a notice to email@example.com.
Inner Fence, at its sole discretion, has the right to suspend, terminate, or disable your Account and access, with or without cause, at any time, and for any reason, effective immediately. Termination of an Account will result in disabling or deletion of your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account, with or without notice.
The Program may be modified or terminated, temporarily or permanently, for any reason and without notice.
Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
You agree and understand that Content, including personally identifiable information, you create or add to the Program may be transmitted and stored on servers located in the United States.
Inner Fence reserves the right to contact you at the email address you provide with service status, news, updates, and other information about the service and your Account.
Merger or Acquisition
You agree and understand that in the event that the Program is acquired, in whole or in part, by a third party, your Account information and Content will be transferred to the new owner. Any new owner will be obligated to adhere to the pre-existing policies outlined in the Terms of Service until you accept a new version of the Terms of Service.
You agree to indemnify, save, and hold harmless Inner Fence, and its parent, subsidiaries, affiliates or any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (including attorney’s fees) arising out of your use or misuse of the Program, any violation by you of the Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Inner Fence reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Inner Fence. Inner Fence will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
If any provision of the Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The headings in this agreement are for convenience purposes only. They do not constitute a part of the Terms of Service and shall not be deemed to limit or affect any of the provisions contained in the Terms of Service.
This is the entire agreement between you and Inner Fence relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Terms of Service shall not be modified except in writing, signed by both parties, or by a change to the Terms of Service made by Inner Fence as set forth above.
We make no representation that the operation of the Service will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in Seattle, Washington. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Choice of Law
The Terms of Service shall be governed in all respects by the laws of the State of Washington as they apply to agreements entered into and to be performed entirely within Washington between Washington residents, without regard to conflict of law provisions.