BY SUBMITTING AN APPLICATION TO OUR PROGRAM, YOU ARE CONSENTING TO THIS AGREEMENT, WHICH ARE THE TERMS AND CONDITIONS OF OUR PROGRAM.
This is a legal agreement between BarrisTourista d/b/a The Legal Pad (“We”, “Us”, “Our”, “Company” or “THE LEGAL PAD”) and you (“You”, “Your”). This Agreement contains the complete terms and conditions of Your relationship with The Legal Pad and, if applicable, Your participation in Our Affiliate Program (“the Program”).
1. Enrollment
To register for the Affiliate Program, You must complete and submit to the Company an Affiliate Program Application Form. The Affiliate Program Application Form is included on the Company’s website and can be completed and submitted through its website.
In order to enroll in the Program, You must create an account for each business through which You desire to promote the Products sold through the Program. You agree that any registration information provided to Us will always be accurate, correct and up to date as of the time it is submitted, and that the account will not be used for any illegal or unauthorized purpose.
We reserve the right to deny entrance into the Program to any applicant that we deem unqualified for any reason, at Our sole and absolute discretion. You will have no legal recourse against the Company for the rejection of Your Affiliate Program Application. If the Company decides not to allow Your inclusion in the Affiliate Program, We will attempt to notify you in a reasonable manner. If you do not hear from the Company within a reasonable time frame, please consider Your application rejected. The Company is not obligated to provide any explanation for rejection, but please be advised the Company may reject applicants for any reason or manner, including but not limited to a website or social media page which violates the Our policies.
If Your Affiliate Application is rejected, you may not reapply. If Your Affiliate Application is accepted, each of the terms and conditions in this Agreement applies to your participation. The Company may also ask for additional information to complete your Affiliate Application or for you to undertake additional steps to ensure eligibility in the Affiliate Program.
2. Term and Termination
The term of this Agreement (the “Term”) will begin upon Your creation of an account with the Program, and will end when terminated as described in this paragraph.
Either you or we may terminate this Agreement at any time, with or without cause, by giving the other written notice of termination, including without limitation by e-mail. Failure to comply with the terms of this Agreement may result in Our immediate cancellation of this Agreement and Your forfeiture of any accrued, unpaid commissions. We will pay any pending commissions for any Qualifying Purchase(s) made through the Termination Date, if a cancellation of this Agreement occurs for any reason other than Your violation of this Agreement.
Subject to the foregoing, You are only eligible to earn Referral Fees on Qualifying Purchase(s) occurring during the Term, and Referral Fees earned through the date of termination will remain payable only if the orders are not canceled or a refund is not requested. We may withhold final payment for a reasonable time to ensure against cancellations and refund requests, in accordance with the Payment Schedule in paragraph 5 below.
3. Promotion and Order Tracking
We will make available to you an affiliate link or links through your dashboard on our website,
(or an alternate dashboard site that we will provide to you), that will track purchases and allow you to be paid for affiliate referrals (the “Links” collectively, or “Link” individually) in order to link to Our website and any related sales pages or online marketplace. The links will be for the overall store homepage and individual products.
You and we will cooperate in good faith to develop and implement such Links. Each Link will permit recipients to navigate directly to a page on Our website or related site, designated by us via a special tagged link format. You will be solely responsible for integrating the Links into your site to properly enable sales tracking, and we will not be responsible for your failure to do so, including to the extent such failure may result in any reductions of amounts that would otherwise be paid to you under this Agreement. If Affiliate refers a customer but fails to correctly utilize its affiliate tag for the link to the Company’s website, then Affiliate forfeits that sale and will not receive commission for any resulting sales stemming from said link. Such fault is solely that of Affiliate.
You agree that You will not place any referral or affiliate link, coupon code, or other tracking device on any page or screen that contains content that: advocates discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promotes or engages in illegal activities, violates intellectual property rights of third parties; or contains or promotes deceptive information.
You agree that You are responsible for disclosing that the Links provided on Your website or marketed to potential customers by other means are affiliate links in accordance with the Federal Trade Commission Act and any other applicable rules or regulations pertaining to endorsements and affiliate or referral marketing.
The Affiliate will not modify the links or other materials that the Company provided to the Affiliate or the placement of the links on the Affiliate’s page. The Affiliate consents to the Company monitoring the Affiliate’s website to determine continued compliance with this Agreement.
If We see any problematic material or content from Affiliate, and We notify You of such issue, You must immediately remove the problematic or offending content. If You does not timely remove such content, You are subject to termination from the program, forfeiture of its outstanding commissions, and/or legal action, as the Company sees fit.
4. Referral Fees
We will pay You referral fees (“Referral Fees”) in the amount of twenty-five percent (25%) of gross sales (deducting processing fees, discounts, sales, etc.), that We actually receive from the sale of all Products that are purchased by users during a visit to Our site or related site, following navigation to the designated URL through a hypertext link from You under this Program (“Qualifying Purchase”). Referral Fees will not be payable on sales otherwise made from Our site or related sites, even if the customer previously made a Qualifying Purchase. Referral Fees will not be payable on any purchase made by You, whether through your own Links or another affiliate’s Links.
Referral Fees will only be paid on Qualifying Purchases of “Products,” which means digital and online education products sold by the The Legal Pad. No Referral Fees will be paid on any products that contain or include legal services obtained from the The Legal Pad, in compliance with legal ethics rules.
Commissions will only be paid on sales that are tracked through the Company’s online tracking system and indicate the Affiliate’s website link as the source. There is no right to commissions if a user later returns to the Company’s site and makes a purchase through another link, direct sales, or source other than through the Affiliate’s web site. The Affiliate has no right to commissions based upon subsequent sales, even if the customer first arrived at the Company’s site through the link from the Affiliate’s site. Commissions will only be tracked and paid when the user makes a purchase on the same visit that the user visits the Company’s site from the link to its site on the Affiliate’s site.
5. Payment Schedule
Referral Fees will be payable thirty (30) days after the conclusion of the month of purchase for any Qualifying Purchase to account for cancellations and refund requests (for example, Referral Fees earned for a sale on December 2 will be paid after January 31).
We pay affiliates once per month via a PayPal account, provided to us when You join the Program. If Your PayPal email changes, it is Your responsibility to notify Us to ensure proper payments. We cannot guarantee the ability to resend payments returned due to incorrect payment email addresses.
You may access reports of sales for which Referral Fees are payable through the affiliate program dashboard on our website, https://www.legalpadcontracts.com/affiliate
6. Site Downtime.
Each party acknowledges that their respective sites may be subject to temporary downtime due to causes beyond their reasonable control subject to the specific terms of this Agreement, retains sole right and control over the programming, content and conduct of transactions over its respective site or service.
We may need to interrupt your access to the Affiliate Program to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime. The Company cannot guarantee product availability or the term of any price or special promotion or offer and bear no liability if products are sold out or not available.
7. We cannot and do not guarantee any financial results or business outcome from participating in the Program.
The Company makes no representations and warranties regarding potential income that may result from participation in this Affiliate Program and specifically disclaims any and all warranties relative to earning potential from Your affiliate status. Any representations of other affiliates’ income are by and for example only, and do not guarantee any potential income level of Affiliate.
EACH PARTY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (i) THE AMOUNT OF SALES THAT EACH PARTY MAY GENERATE DURING THE TERM, AND (ii) ANY ECONOMIC OR OTHER BENEFIT THAT THE OTHER PARTY MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT.
NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF THIS AGREEMENT. OUR ENTIRE LIABILITY ARISING FROM THIS AGREEMENT WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED THE AMOUNTS PAYABLE TO YOU HEREUNDER.
8. Fulfillment and Customer Contact Policy
We will be solely responsible for fulfilling all orders and payment processing, and customers who buy Products through the Program (“Qualifying Purchasers”) will be deemed Our customers. Accordingly, all rules, policies, operating procedures and information concerning customer orders and sales will apply to Qualifying Purchasers, including our rules of privacy and confidentiality. We may change our policies and operating procedures at any time, without notice.
You may contact Qualifying Purchasers in order to deliver bonus content, and may add them to your e-mail list or other marketing efforts, but agree to honor all opt-out requests.
9. Marketing; Masterclass Promotion
You agree to support the The Legal Pad’s promotions of the Products, which may include sales or other marketing efforts, no more than once per quarter. You agree to make at least one (1) social media post and/or e-mail to your list regarding these promotions.
10. Intellectual Property Rights
We will provide you with copy, graphics, and images that you may use and modify in your own marketing efforts for the Program (“The Legal Pad Content”).
We grant to You during the Term a non-exclusive, non-transferable, royalty-free license to establish hyperlinks between Your and Our websites, and to use Our trade names, logos, trademarks and service marks (“Our Marks”) and The Legal Pad Content that We provide on your site and social media accounts solely as is reasonably necessary to establish and promote such hyperlinks and the Program and to otherwise perform your obligations under this Agreement.
You may also create your own copy, graphics, and images to promote the Program (“Affiliate Content”). You own all rights in Affiliate Content, but you agree you will only use them in connection with this Program or any future The Legal Pad affiliate referral program or launch.
You hereby grant to Us during the Term, a non-exclusive, non-transferable, royalty-free license to establish hyperlinks between Your and Our Websites and to use Your trade names, logos, trademarks and service marks (the “Affiliate Marks”) and Affiliate Content solely as is reasonably necessary to establish and promote such hyperlinks and the Program and to otherwise perform Our obligations under this Agreement.
We do not require advance approval of your marketing assets, but you agree to remove and stop using any promotional materials containing any of Our Marks that We determine are not consistent with, or would tarnish Our brand and reputation.
Except as set forth above, You and We each reserve all right, title and interest in all respective intellectual property rights (e.g., patents, copyrights, trade secrets, trademarks and other intellectual property rights). Use of the other’s intellectual property except as set forth herein is strictly prohibited.
Your use of any materials found in the The Legal Pad Content or of Our Marks other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees earned from the Program in the event of your Unauthorized Use, or a minimum of $5,000, whichever is greater in addition to any legal or equitable remedies the The Legal Pad may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to Us that may not be adequately compensated by damages, entitling Us to obtain injunctive relief, without bond, in addition to all legal remedies.
11. Indemnification
You agree to indemnify, defend and hold harmless Us and Our affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorney’s fees) relating to the operation of Your site, a breach of Your obligations under this Agreement, violation of any Federal Trade Commission (FTC) requirements, or the violation of any third party intellectual property rights of editorial content or other materials of Your site.
12. NON-EXCLUSIVITY
This Agreement does not create an exclusive relationship between you and us. You are free to work with similar affiliate program providers in any category. This agreement imposes no restrictions on us to work with any individual or company we may choose.
13. REPRESENTATIONS AND WARRANTIES
The Affiliate hereby represents and warrants to the Company to have the complete power and authority to enter into this Agreement and that this Agreement constitutes a valid and legally enforceable agreement. The entry of this Agreement has been duly and validly authorized by all necessary corporate or other organizational actions and approvals. The Affiliate’s entry of this Agreement is not prohibited by the terms of any document, is not contrary to any law, rule or regulations, and is not in violation of any court or administrative order.
14. MODIFICATIONS
The Company reserves the right in its sole and absolute discretion, to modify any terms and conditions of the Affiliate Program and the terms and conditions of this Agreement upon written notice to the Affiliate. Notice of any changes may be given via email to the Affiliate or by posting such changes in the Affiliate Program sections of the Company’s website. Such changes and modifications will take effect upon transmission of email or posting on the Company’s website. You may terminate participation in the Affiliate Program in the event that any of these modifications are unacceptable to You and such termination shall be Your sole and exclusive remedy. In the event that the Affiliate continue to participate in the Affiliate Program following such modifications, You will be deemed by Your continued participation to accept any and all such changes.
15. General Provisions
You and We are entering this Agreement as independent contractors, and nothing will be construed to create a partnership, agency, joint venture or employment relationship between You and Us.
This Agreement is only for the benefit of the party that the Affiliate listed in the Affiliate Program Application. The Affiliate shall have not right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.
This Agreement sets forth the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes any and all prior discussions, understandings, agreements, representations, warranties or covenants between the parties related to the subject matter hereof. This Agreement may only be amended by a writing signed by the authorized representative of each of the parties, except as otherwise set forth herein. Any waiver of a breach or default under this Agreement shall not constitute a waiver of any subsequent or other breach or default and shall not serve to modify the agreements set forth herein. Additionally, both parties have the right and ability to consult independent counsel regarding this Agreement, and failure to do so shall be deemed a waiver of such right to consult. If any provision or term of this Agreement is held to be invalid for any reason, it shall not effect the enforceability of the remainder of this Agreement or any other term or condition of this Agreement.
In its performance of this Agreement and in the operation of each party’s respective Websites, You and We each will comply with all applicable laws, regulations, orders and other requirements, now or hereafter in effect, of governmental authorities having jurisdiction. Without limiting the generality of the foregoing, You and We each will pay, collect and remit such taxes as may be imposed with respect to any compensation or transactions under this Agreement.
This Agreement is only for the benefit of the party that the Affiliate listed in the Affiliate Program Application. The Affiliate shall have not right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.
This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations. This Agreement will be governed by the laws of California and the United States of America. You agree to submit to the jurisdiction and venue of the state and federal courts in or nearest to Los Angeles, California, and waive any defense of lack of personal jurisdiction or forum non conveniens. This Agreement may only be modified by agreement of both parties in writing. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to this agreement, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
The Company shall not be deemed to be in violation of this Agreement if it is prevented from performing any of its obligations hereunder for any reason beyond its control and without fault, including without limitation, casualty, acts of God or of the public enemy, man-made disaster, flood or storm, pandemic or epidemic, strikes or statutory regulation or rule of any federal, state, or local government, civil unrest or protest, or any agency thereof, however, the Party so delayed shall exercise its best efforts to remedy any such cause of delay or cause preventing performance.
By clicking “Agree to Terms”, You assert that You have read, understood and agreed to all of the terms and conditions of this Agreement, You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this Agreement.