TERMS AND CONDITIONS for Referral Program
ITSTHEAK (“We”, “Us”, or “Our”) offers influencers, instructors, teachers, mentors and the-like (“Referrer” or “You”) the opportunity to participate in our referral program (“Program”).
COMMISSION
We shall pay you $10 per new customer or 10% of their first order (whichever you choose) for each successful referral. We shall pay $0 for each unsuccessful referral (a valid referral candidate that does not complete their order or become a client of ITSTHEAK through no fault of us or you). We shall pay you within thirty (30) days of a successful referral.
We will send payments via CashApp or PayPal using the $CashTag or PayPal email you provide. It is your responsibility to make sure your information is correct and up-to-date. There are no repayments due to sending payments to the incorrect CashApp or PayPal account.
We will keep a record of all referrals received in a shared document on Dropbox. We will update this at time of payment. You will be able to download and save this document for your records.
There are no minimum/maximum amounts.
SUCCESSFUL REFERRALS
All referrals must meet these requirements in order to be considered a “successful referral”:
1. Referrals must complete their first purchase on itstheak.com. If referral makes their first purchase on a different platform (other than itstheak.com), or has previously made a purchase on itstheak.com under any other email address or alias for the same business, they will not qualify as a successful referral and no freebie or commission will be issued.
2. Referrals must enter a valid promo code at checkout. If they do not enter a valid promo code at checkout, they will not qualify as a successful referral and no freebie or commission will be issued. They cannot mention it later.
NO GUARANTEES
Referrer shall refer potential clients/customers as agreed upon through email, direct messages, texts, classes, webinars, eBooks and the-like. Referrer does not represent or warrant that such referrals will create any additional profits, sales, exposure, brand recognition or the-like. Referrer has no responsibility to us if the referrals do not lead to desired results.
Under no circumstances shall ITSTHEAK or Referrer be liable to the other or any third party for any damages resulting from any part of this Program such as, but not limited to, loss of revenue or anticipated profits or lost business, costs of delay or failure of delivery, which are not related to the direct result of a party’s negligence or breach.
SPAM, UNETHICAL BEHAVIOR
Referrers can only refer real individuals. Referrers cannot refer themselves. Referrer and referrals may not create multiple or fake accounts to take advantage of this Program. Referrer must not impersonate us, misrepresent us, infringe our intellectual property rights, resell, barter, trade, auction or otherwise generate income by providing access to this Program to others.
Referrers must not stalk, harass or spam individuals or send out any kind of unwanted, unsolicited communication. This includes email, text messages, phone calls, social media, etc. If Referrers provides Program details to someone, it must be done in an appropriate, personal manner that is customary for communications with their audience, followers, students, friends, colleagues, etc.
We have a no-tolerance spam policy.
We may prohibit a Referrer from participating in this Program or receiving a commission, if we determine Referrer is attempting to undermine the fairness, integrity or legitimate operation of this Program in any way by cheating, hacking, deception, or any other unfair playing practices. Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification. Referrers and referrals may not purchase with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program.
TERMINATION
We reserve the right to modify or amend these Terms and Conditions at any time and/or the methods through which rewards are earned. We reserve the right to disqualify any Referrers from participation in this Program at any time at our sole discretion, including without limitation if he/she does not comply with any of these Terms and Conditions or otherwise fails to comply with any applicable laws (including, without limitation, through any failure to include any disclosures as required by the FTC or otherwise required by ITSTHEAK). We reserve the right to amend or terminate the Program at any time, for any reason.
ENTRANCE/WITHDRAWAL
ITSTHEAK and Referrer represent that they are fully authorized to enter into this Program. The performance and obligations of either will not violate or infringe upon the rights of any third-party or violate any other agreements or programs.
ITSTHEAK and Referrer reserves the right to cancel, suspend or withdraw from this Program at any time. Upon termination, we shall pay you all compensation due for referrals made prior to the date of termination, but not yet paid.
MORE LEGAL STUFF
ITSTHEAK and Referrer each agree to indemnify and hold harmless the other, its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from the negligence of or breach of this Program by the indemnifying party, its respective successors and assigns that occurs in connection with this Program. This section remains in full force and effect even after termination of the Program by its natural termination or the early termination by either party.
In the event any provision of this Program is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Program and all other provisions should continue in full force and effect as valid and enforceable.
The failure by either party to exercise any right, power or privilege under the terms of this Program will not be construed as a waiver of any subsequent or further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
You, and we, agree to resolve any disputes by negotiation. If we are unable to negotiate, either of us may begin mediation and/or arbitration in our home state. Arbitration must take place in the jurisdiction closest to our office. The award in any arbitration should not exceed the total amount of commission owed. Either party may refuse arbitration when the dispute is for the sum less than $300. Any legal fees we incur as a result of your prosecution will be paid by you.
Referrers and Referrals use of ITSTHEAK.com and this Program are also subject to the standard Terms and Conditions found here, Privacy Policy found here and refund policy found here.