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By participating in the promotional marketing and product launch (herein referred to as “Promotion” or “Affiliate Program”) of a Campaign for any Company using the Rootabl platform (herein referred to as “Company”, “we”, or “us”), YOU (herein referred to as “Affiliate” or “You”) agree to the following Terms and Conditions (herein referred to the “Agreement”)
DISCLAIMER – Rootabl’s Role: Rootabl Inc. (“Rootabl”) is the platform used to facilitate affiliate tracking, but is not a party to this Agreement. Rootabl is not responsible for the relationship between Company and Affiliate, the accuracy of links or commissions, or the actions of either party.
THE AGREEMENT: This Affiliate Agreement (this “Agreement”) is a legal document between Company and Affiliate regarding our affiliate relationship. This Agreement covers your responsibilities as an affiliate and our responsibilities to you. Please carefully read and understand the entirety of this document, as well as have a lawyer’s assistance if you desire because each of the terms of this Agreement are important to our working relationship.
NON-EXCLUSIVITY: This Agreement does not create an exclusive relationship between you and us. You are free to work with other affiliate program providers. This Agreement also imposes no restrictions on us to work with any individual or company we may choose in any capacity or in an affiliate relationship.
AFFILIATE PROGRAM: Affiliate shall have the opportunity to promote various Companies and their Products in accordance with the terms of this Agreement. Each Company may set its own specific program terms, commission structure, and refund policies.
PROMOTION: Affiliate shall promote and market the Products using only promotional materials supplied or approved by the Company. Company also may, but is not required to, provide any related banners, graphics, or text ads to promote and offer the Products to the Affiliate’s customers through the Affiliate’s website, email, or social media (“Swipe Copy”).
Affiliate’s own promotional material (emails, landers, ads, social media posts) must be consistent with the Products’ branding and Swipe Copy, and shall not be false or misleading.Affiliate agrees to conduct itself in compliance with all applicable laws, rules and regulations, including, without limitation, the CAN-SPAM Act.
Affiliate may NOT spam or send any unsolicited email to any party promoting the Products. If Affiliate is caught spamming, they will be removed from the Affiliate Program, and their commissions or pending commissions will be canceled and/or forfeited. “Spam” or “Spamming” is defined as emailing or posting to anyone who has not requested information via email or any website and also includes sending links to search engines. Spamming with links outside of Affiliate’s direct email list, websites or social media pages will be considered a violation of this Agreement such that Affiliate will be removed from this Program and this Agreement will be terminated immediately without payment of Affiliate commissions.
Affiliate agrees to abide by all Federal Trade Commission (“FTC”) Guidelines and specifically, the CAN-SPAM Act.In compliance with FTC regulations around truth in advertising, Affiliate agrees to disclose that Affiliate is in an affiliate relationship with Company when sharing Links to the Products.
Affiliate agrees and understands that if its marketing, websites, emails or any other communications associated with or for promotion of the Products are deemed inappropriate, as defined below and based on the sole discretion of the Company, Affiliate will be deemed in violation of this Agreement and the Agreement shall be deemed terminated.“Inappropriate” is defined as communication that:
contains, promotes or links to sexually explicit or violent material;
promotes, depicts or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age;
contains unlawful material, including but not limited to materials that may violate another’s intellectual property rights, or links to a site that contains such material;
contains information regarding, promotes or links to a site that provides information or promotes illegal activity;
uses or embeds Company’s videos, images, banners, likeness, brand name or website in a way that may cause market and a consumer likelihood of confusion to the source and ownership of the material;
offers a cash incentive or discount on product(s) as a means of promotion, or
for any other reason that Company deems inappropriate.
LINKS AND MARKETING: Company will provide Affiliate with unique URL Links (“Links”) to use in promotion of the Products through the Rootabl Platform. To receive commissions for sales, Affiliate shall use their own Links when promoting the Products. Affiliate may use their own Links on the Affiliate’s own websites, emails and marketing owned and maintained by the Affiliate, the Affiliate’s brand or Affiliate’s social media pages. All promotion for the Products shall be conducted through Affiliate’s own emails, website and/or social media using text written in Affiliate’s own voice or using the Swipe Copy provided by Company.
At no time may Affiliate post their Links on any other website or social media page not directly owned by Affiliate, except in the case of social media ads. Affiliate also may not share their Links in any way connected with the Company’s name, website, social media, or any other marketing owned or operated by Company, without advance written permission from the Company.
Tracking Accuracy Disclaimer: Company and Affiliate acknowledge that Rootabl makes a good faith effort to ensure accurate tracking and reporting, but is not responsible for errors due to technical malfunction, browser settings, ad blockers, or user behavior.
Affiliate agrees that any and all paid advertising must be approved by the Company ahead of time. Social media ads may not direct purchasers to Company’s website, social media or marketing, and may not imply or expressly represent that Affiliate is affiliated with the Company, other than in an Affiliate relationship. Social media ads may not directly target the audience of the Company.
PAYOUT INFORMATION: Payouts will only be made when the Affiliate has properly set up their Stripe Connect payout details within the Rootabl Platform. You may be asked to submit a W9 or W8BEN form. Accounting information may include the routing and account number of a bank where you wish to post a direct deposit or may include an email address for an online method of payment. None of this information is held by the Company or by Rootabl Inc and is securely stored within the Stripe Connect platform.
For any changes in your address or accounting information, you must notify us immediately and we will endeavor to make the changes to your payout information as soon as possible. We expressly reserve the right to change payout information in our sole and exclusive discretion. If we do change our payout information, you will be notified.
Payouts are withdrawn from the Company on or near the second Wednesday of each month for all eligible Commission payouts. Once the transfer has cleared to Rootabl Inc, they are ready for processing to you as an Affiliate. Rootabl shall not be liable for delays due to failed Company transfers or missing Affiliate information.
Payouts are only sent once: the Commission payout threshold exceeds $100 USD, two (2) business days have passed since we’ve had the funds available, and we have Affiliate payout details on file. Payouts are sent in USD and automatically converted into the currency of your bank account.
The first month’s Commission payout will be made after the deadline to request a refund. Future Commission payouts will be determined by the fifth of each month for all payments received by the Company the month prior.
If a sale is canceled, refunded, or defaulted for any reason, any paid Commission will be deducted from the amount owed to the Affiliate for that Commission payment and any subsequent Commission payments.
If a purchaser gets sent to collections for failure to make payment (or if it takes more than 4 weeks of attempts to contact the purchaser to pay any outstanding balance), then we stop paying the Affiliate a Commission, even if we do end up collecting payment from the purchaser successfully. Affiliates will not be paid Commissions on any sales attributed to spam, credit card fraud, or returned Products.
Company is NOT responsible for the usage or maintenance of Affiliate’s Links. Only sales tracked through Affiliate’s Links will count towards the Commission payments.
For an Affiliate to receive credit for a sale, the purchaser must be purchasing Products through Affiliate’s Links. If a purchaser clicks on the Affiliate Links of multiple Affiliates, the Affiliate who is the last referral source before the sale will be credited with and receive credit for the sale. Affiliate Commissions may not be split among multiple Affiliates. For each respective sale of a Product, only one Affiliate may receive the Commission.
If a purchaser would like to switch credit for a sale of a Product from one Affiliate to another, the purchaser must contact the Company directly to request the switch. In other words, credit switches will not be granted based on requests by Affiliates; rather, only by a request made directly by the purchaser.
Affiliates may not purchase the Products through their own Links and receive a Commission on those sales. Commissions are counted and sales numbers are deemed final at the sole discretion of the Company.
TERM, TERMINATION & SUSPENSION: The term of this Agreement will begin when we accept you into the Affiliate Program. It can be terminated by either party at any time with or without cause.You may only earn payouts as long as you are an Affiliate in good standing during the term. If you terminate this Agreement with us, you will receive payouts earned prior to the date of termination.
If you fail to follow the terms of this Agreement or any other legal terms we have posted anywhere on our website, you forfeit all rights, including the right to any unclaimed payout.
We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.
At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
INTELLECTUAL PROPERTY: You agree that the intellectual property owned by the Company includes all copyrights, trademarks, trade secrets, patents, and other intellectual property belonging to the company (“Company IP”).Subject to the limitations listed below, we hereby grant you a non-exclusive, non-transferable, revocable license to access our websites in conjunction with the Affiliate Program and use the Company IP solely and exclusively in conjunction with identifying our company and brand on the Affiliate Site to send customers to the Affiliate links we provide. You may not modify the Company IP in any way and you are only permitted to use the Company IP if you are an Affiliate in good standing with us.
We may revoke this license at any time and if we find that you are using the Company IP in any manner not contemplated by this Agreement, we reserve the right to terminate this Agreement.
Please be advised that your unauthorized use of any Company IP shall constitute unlawful infringement and we reserve all of our rights, including the right to pursue an infringement suit against you in federal court. You may be obligated to pay monetary damages and or legal fees and costs.
You hereby provide us a non-exclusive license to use your name, trademarks and service marks if applicable and other business intellectual property to advertise our Affiliate program.
VARIATIONS: The Company may, from time to time and at any time, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior versions of this Agreement.
EARNINGS DISCLAIMER: You accept and agree that you are fully responsible for your progress and results from your participation in this Affiliate program. We offer no representations, warranties or guarantees verbally or in writing regarding your earnings or results. By participating in this Program, you understand because of the nature of the program and extent, the results experienced by each person may significantly vary. Any statements outlined on our websites, programs, downloads, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice and your participation in this program will not treat, diagnose or cure any disease.
RELATIONSHIP: Nothing contained within this Agreement shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship. You are an independent contractor of the Company and will remain so at all times.
ACCEPTABLE USE: You agree not to use the Affiliate Program or our Company for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Affiliate Program in any way that could damage our websites, products, services, or the general business of the Company.
You further agree not to use the Affiliate Program:
To harass, abuse, or threaten others or otherwise violate any person’s legal rights;To violate any intellectual property rights of the Company or any third party;
To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
To perpetrate any fraud;To engage in or create an unlawful gambling, sweepstakes, or pyramid scheme;
To publish or distribute any obscene or defamatory material;
To publish or distribute any material that incites violence, hate, or discrimination towards any group; or
To unlawfully gather information about others.
INDEMNIFICATION AND LIABILITY: Affiliate shall defend, indemnify, and hold harmless Company and Rootabl Inc., including their officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Affiliate shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Affiliate recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
FORCE MAJEURE: In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, a pandemic, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
GOVERNING LAW & DISPUTE RESOLUTION: This Agreement shall be governed by and construed in accordance with the laws of Delaware.
In the event of a dispute between the Parties regarding this Agreement, any such disputes, controversies and claims arising out of or relating to this Agreement shall be settled and determined through individual, non-class arbitration. The rules governing this arbitration shall be according to the American Arbitration Association (AAA) and all proceedings will be conducted in Delaware. The decision of the arbitration shall be final and each party agrees to be bound by the arbitration board.
This Agreement shall be construed and interpreted according to the laws of the State of Delaware in the United States of America and shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives; and references to the Affiliate and to the Affiliate shall include their heirs, successors, assignees, and personal representatives.
AS-IS TEMPLATE CLAUSE: This Agreement is provided as a template to be used at the discretion of Companies utilizing Rootabl. It is offered “as-is” without warranty of legal fitness or enforceability, and Companies are advised to consult with legal counsel before relying on it.
Last Updated: November 11, 2025