Affiliate Agreement & Terms of Service

Last updated May 10, 2024

Affiliate Agreement

Between Simply Be Found LLC and Affiliates

Effective Date: Upon Signup

1. Introduction Simply Be Found LLC ("Company," "we," "us," or "our"), located at 212 Main Street Unit B, Windsor, Colorado 80550, operates the website ("Site"). This document constitutes the Affiliate Program ("Program") terms which govern the relationship between Simply Be Found LLC and the enrolled individuals and entities ("Affiliate," "you," or "your").

By registering for the Program and clicking "Sign up", you confirm that you are over 18 years old. If acting on behalf of a company, you are authorized to bind such entity to these Terms and Conditions. Your participation in the Program signifies your understanding and agreement to these terms.

2. Program Participation

  • To participate, you must provide your legal full name, a valid email address, and any other information necessary to complete the signup process.
  • Your responsibility is to promote the Site in compliance with all applicable laws and regulations.

3. Advertising and Use of Marketing Materials

  • You are authorized to use provided marketing materials and affiliate links solely for promoting the Site.
  • You must obtain prior approval from us for any paid advertising that uses your affiliate links. Unauthorized competitive or misleading advertising is strictly prohibited.

4. Compensation

  • You will earn a commission of 10% on sales from Completed Transactions that originate from your referrals.
  • Commissions are payable only when your accrued amount exceeds $100. Balances below this threshold are carried over to the next payment period.

5. Financial Management

  • Commissions related to refunded transactions will be deducted from your future payments. If no subsequent payments are due, you must return any overpaid commissions within 30 days.

6. Compliance and Conduct

  • You agree to abide by all laws and regulations applicable to your promotional activities and data protection obligations.

7. Account Security and Integrity

  • You are responsible for maintaining the security of your account and confidentiality of your password. The Company is not liable for losses or damages resulting from unauthorized access to your account.

8. Termination and Suspension

  • The Company reserves the right to terminate or suspend your account for breaches of these terms, prohibited advertising practices, or any fraudulent or illegal activities.

9. Dispute Resolution

  • Disputes arising under this Agreement shall be resolved through binding arbitration in the state of Colorado, according to the rules of the American Arbitration Association.

10. Limitation of Liability

  • The Company is not liable for indirect, incidental, special, consequential, or exemplary damages stemming from your participation in the Program or any related technical malfunctions, unauthorized data access, or other related issues.
  • Our aggregate liability under this Agreement is limited to the total commissions paid to you within the twelve-month period preceding any claim.

11. Audit Rights

  • The Company may audit your activities under this Agreement to ensure compliance. Discrepancies may result in adjustments to your commission payments.

12. Modification of Terms

  • We reserve the right to modify the terms of this Agreement at any time without prior notice. Your continued participation after such modifications constitutes acceptance of the new terms.

13. Governing Law and Jurisdiction

  • This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. Disputes hereunder will be adjudicated exclusively in Colorado courts.

14. Severability

  • If any provision of this Agreement is found unenforceable, the remaining provisions will continue in full effect.

15. Entire Agreement

  • This Agreement constitutes the entire agreement between the parties regarding the Affiliate Program and supersedes any prior agreements or understandings.

By signing up and participating in the Program, you acknowledge that you have read, understood, and agreed to be bound by these terms.