This agreement describes the terms and conditions for participation in the TextByChoice Affiliate Program. The terms "Affiliate," "you," and "your" are referring to you, the applicant. "We" and "our" refer to TextByChoice.
We are independent parties and this agreement will not form any partnership.
AGREEMENT DURATION
This agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party. Termination may happen at any time, with or without cause, by giving the other party written notice of termination.
REVENUE SHARE (Rev-share)
You will receive 10% of customer’s TextByChoice messaging purchases (upstream / carrier / pass-through / setup charges excluded) from all new accounts you bring in, for as long as the customer stays with TextByChoice and continues to pay for services.
For a sale to generate a rev-share to an Affiliate, the customer must complete the Agreement form with valid payment information (prepayment or post payment is acceptable) and have their setup completed. If you hire sales people or sub-Affiliates to assist you, then paying them will be your responsibility. Affiliate rev-shares will only be paid on sales which are made through qualified Affiliates.
Rev-share can only be earned between the acceptance of the Affiliate application and notice of termination. Rev-share will be paid on an agreed upon frequency. Any returned checks, chargebacks, or fees from a returned order will be adjusted in the following rev-share payment; if no rev-share payment is due, a billing invoice for the amount will be issued.
Affiliates must be available to provide basic customer service to the customers they bring in.
ORDER PROCESSING
TextByChoice will be solely responsible for processing every order placed by a customer through an Affiliate or a sub-affiliate. Customers who purchase products and services directly from TextByChoice without the help of an affiliate will be deemed to be direct customers of TextByChoice and there will be no rev-share. Prices and availability of our products and services may vary from time to time. TextByChoice policies will always determine the price paid by the customer. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.
WEBSITE RESTRICTIONS
TextByChoice reserves the right not to accept any site, individual, or company into the TextByChoice Affiliate Program. Websites that Do Not Qualify for the TextByChoice Affiliate Program include sites that are:
● X- rated and promote sexually explicit materials
● Promoting violence and discord
● Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
● Promoting illegal or questionable activities
● Violating intellectual property rights
SPAM (UCE)
Unsolicited Commercial Texting - TextByChoice in no way participates in mass unsolicited texting (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the TextByChoice Affiliate Program, with no refund.
DISCLAIMER
We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the TextByChoice Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time.
This Agreement will be governed by the laws of the United States and the District of Columbia, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the Federal or State courts located in Tampa, Florida, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. 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.
By submitting this Affiliate Agreement form, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
*Please note that NO REV-SHARE is paid on your original purchase of TextByChoice services. In other words, you cannot buy from yourself or be your first purchase for the sole purpose of discounting your own product purchase.
ACCEPTANCE
I have read the terms of this agreement and I accept them in their entirety.