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AFFILIATE PROGRAM TERMS OF SERVICE

1. ACCEPTANCE OF TERMS

By registering as an affiliate ("Affiliate," "you," "your") in our affiliate program (the "Program"), you agree to comply with and be bound by these Terms of Service ("Agreement"). This Agreement contains the complete terms and conditions that apply to your participation in our affiliate program powered by Tapfiliate. Your participation constitutes acceptance of these terms [1].

2. PROGRAM OVERVIEW

Our affiliate program allows qualified affiliates to earn commissions by promoting our products/services through unique tracking links provided by Tapfiliate's platform. Participation in the Program is free, but subject to approval and ongoing compliance with these terms. We reserve the right to reject any application without explanation [2].

3. AFFILIATE RESPONSIBILITIES AND RESTRICTIONS

3.1 Promotional Guidelines

You must clearly disclose your affiliate relationship in accordance with FTC guidelines and all applicable laws

All promotional content must be truthful, accurate, and not misleading

You may not use spam, unsolicited emails, or deceptive practices

You must comply with all applicable laws and regulations in your jurisdiction

All promotional materials must be pre-approved by us in writing [3]

3.2 Prohibited Activities

Bidding on our trademarked terms, brand names, or variations thereof in paid search campaigns

Creating misleading landing pages, websites, or social media profiles

Engaging in cookie stuffing, forced clicks, or other fraudulent tracking methods

Self-referrals, generating fake transactions, or incentivizing fake purchases

Using our affiliate links in email marketing without explicit written permission

Promoting through adult content, illegal activities, or content that damages our reputation [1]

4. ENHANCED COMPANY PROTECTIONS

4.1 Brand Protection

You may not register domain names containing our trademarks or confusingly similar variations

You may not create social media accounts impersonating our brand

Any violation of our intellectual property rights will result in immediate termination and potential legal action

We reserve the right to monitor all affiliate promotional activities [2]

4.2 Compliance Monitoring

We may conduct periodic audits of your promotional activities

You must provide access to promotional materials and traffic sources upon request

Failure to cooperate with compliance reviews will result in immediate suspension

We reserve the right to withhold payments pending investigation of suspicious activity [3]

5. COMMISSION STRUCTURE AND PAYMENT PROTECTIONS

5.1 Commission Rates

Commission rates will be clearly specified in your affiliate dashboard

Commissions are calculated based on net sales (after returns, refunds, taxes, and chargebacks)

We reserve the right to modify commission rates with 30 days' notice

No commission is owed on cancelled, returned, or fraudulent transactions [4]

5.2 Payment Terms and Protections

Minimum payout threshold: $50 USD

Payment schedule: Monthly, Net 30 from the end of the month in which commissions are validated

Payment methods: ACH (U.S.), PayPal, or wire transfer (fees may be deducted from payout)

Commissions are subject to a 60-day validation period to account for returns, chargebacks, and fraud investigation

We reserve the right to withhold payments for suspected fraudulent activity indefinitely [1]

6. TERMINATION AND SUSPENSION RIGHTS

6.1 Immediate Termination Rights

We may immediately terminate or suspend your account without notice for:

Violation of any term in this agreement

Suspected fraudulent activity

Damage to our brand reputation

Legal or regulatory violations

Failure to respond to compliance requests within 48 hours [2]

6. TERMINATION PROCEDURE AND EFFECTS

6.2 Suspension During Investigation

We may suspend tracking, commissions, and access to the dashboard during investigations of suspected policy violations, fraud, or brand risk. If we reasonably determine no violation occurred, suspended commissions will be released in the next payment cycle. If we determine a violation occurred, impacted commissions may be voided. [2]

6.3 Effect of Termination

Upon termination, you must immediately cease use of all affiliate links, brand assets, and promotional materials. Any links must be removed from your channels within 48 hours. Commissions accrued but not yet validated may be withheld pending final review. Sections intended to survive termination will continue in force, including Sections 4, 5.2, 6, 7, 8, 9, 13, 14, 15, 16, 17, and 18. [1]

7. INTELLECTUAL PROPERTY

We grant a limited, revocable, non-exclusive, non-transferable license to use our name, logos, trademarks, and approved creative solely to promote the Program as instructed. You may not alter brand assets or combine them with other marks without prior written consent. All goodwill from use inures to our benefit. [2]

8. CONFIDENTIALITY

You may receive nonpublic information, including pricing, conversion data, payout policies, customer information, or technology details. You must keep such information confidential, use it only for Program participation, and protect it with reasonable safeguards. This duty survives termination. [3]

9. DATA PROTECTION

If your activities involve personal data, you agree to comply with all applicable data protection and privacy laws, provide legally sufficient disclosures and consent mechanisms, and honor user rights requests. You must not share, sell, or repurpose personal data obtained through the Program. You must notify us of any data incident within 72 hours of discovery. [3]

10. COMPLIANCE WITH LAWS

You are solely responsible for compliance with all laws applicable to your promotional methods, including advertising, consumer protection, privacy, and spam laws (such as CAN-SPAM, TCPA, CASL, and ePrivacy rules) as applicable. [3]

11. INDEPENDENT CONTRACTOR

Your participation does not create any partnership, joint venture, employment, franchise, or agency relationship. You have no authority to bind the company. [2]

12. TAXES

You are responsible for all taxes arising from commissions paid to you. We may require tax documentation (e.g., W-9/W-8) and may withhold payments until such documentation is received. [4]

13. REPRESENTATIONS AND WARRANTIES

You represent and warrant that: (a) you have full power and authority to enter into this Agreement; (b) your promotional content and channels do not infringe any third-party rights or violate law; and (c) you will not engage in deceptive, harmful, or unlawful practices. [1]

14. INDEMNIFICATION

You will defend, indemnify, and hold us harmless from claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to your breach of this Agreement, your promotional content, or your negligence or willful misconduct. We may assume exclusive defense and control of any matter subject to indemnification, at your expense. [1]

15. LIMITATION OF LIABILITY

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, revenue, goodwill, data, or business interruption, even if advised of the possibility. Our aggregate liability for all claims relating to the Program shall not exceed the total commissions paid to you in the six months preceding the event giving rise to liability. [1]

16. DISCLAIMERS

The Program, links, and any marketing materials are provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We make no guarantee of conversions, payouts, or availability of tracking. [1]

17. MODIFICATIONS

We may update this Agreement, policies, or Program terms at any time. Material changes will be posted to the affiliate portal or emailed, and will become effective upon posting or as stated in the notice. Continued participation after the effective date constitutes acceptance of the changes. [2]

18. DISPUTE RESOLUTION; GOVERNING LAW

You agree to attempt to resolve disputes informally with us first. If not resolved within 30 days, disputes will be brought exclusively in the state or federal courts located in Riverside County, California, and governed by California law, without regard to conflict of law principles. The parties waive any right to a jury trial. [2]

19. NOTICES

Notices to us must be sent to: Pool Rental Near Me LLC, Attn: Legal, 4193 Arlington Ave, Suite 227, Riverside, CA 92503, or legal@poolrentalnearme.com. Notices to you may be sent to the email address on file in your affiliate account. Electronic notices are deemed given upon sending. [2]

20. ASSIGNMENT

You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement, in whole or in part, without restriction. [2]

21. SEVERABILITY; WAIVER

If any provision is held unlawful or unenforceable, it will be construed to reflect the parties’ original intent to the maximum extent permitted, and the remaining provisions will remain in effect. No waiver of any breach constitutes a waiver of any other or subsequent breach. [2]

22. FORCE MAJEURE

We will not be liable for delays or failures caused by events beyond our reasonable control, including acts of God, labor disputes, supply or internet failures, governmental actions, or similar events. [2]

23. ENTIRE AGREEMENT

This Agreement, together with any Program policies and the affiliate portal terms, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements on the subject matter. [1]

24. PROGRAM CHANGES; DISCONTINUATION

We may modify, suspend, or discontinue the Program at any time. We will use reasonable efforts to provide prior notice where feasible. [2]

25. ACCEPTANCE

By registering for or continuing to participate in the Program, you acknowledge that you have read, understood, and agree to be bound by this Agreement. [1]

26. CONTACT

Questions about this Agreement can be directed to legal@poolrentalnearme.com. [2]