Last Updated:2023-11-01
Welcome to the Saillogger Partner Program ("Partner Program" or "Program"). These Terms of Service ("Terms" or “Agreement”) govern your participation in the Saillogger Partner Program offered by Saillogger LLC ("Saillogger," "we," "us," or "our"). By participating in the Partner Program, you agree to be bound by these Terms. Please read them carefully. You and Sailloger may be referred to individually as a “Party” and together as the “Parties.”
1.1. To be eligible for the Saillogger Partner Program, you must meet the following criteria:
1.2. Saillogger uses Stripe to make payouts to Partners. The Stripe Recipient Agreement applies to your receipt of such Payouts from Us. To receive payouts from Saillogger, you must provide us accurate and complete information about you and your business, and you authorize us to share such information and transaction information related to your payout of commissions earned under this Agreement with Stripe.
2.1. As a Partner, you will have the opportunity to earn commissions in amounts up to fifty percent (50%) of the recurring subscription fees for each directly referred Saillogger customer for the first year, as long as the referred customer's subscription remains active, is paid and maintained in a current billing status with subscription revenue received by us, and you continue to have an active Saillogger account.
2.2. After the first year, the commission rate on recurring subscription fees will change to twenty five percent (25%) for as long as the referred customer's subscription remains active, and you continue to have an active Saillogger account.
2.3. Commissions are only earned for your direct referrals, which are defined as new Saillogger customers or users. Saillogger Partners have no ownership rights or claims over referred customers beyond the terms outlined in this Terms of Service. (In other words, referred customers are Saillogger's customers, and Partners have no rights or claims over these referred customers beyond what is specified herein.)
2.4. Commissions will be credited to your Partner Program balance thirty (30) days after the subscription payment is received from the referred new customer in order to prevent fraud and handle other disputes.
2.5. All commission terms, including the commission rate for new or existing subscriptions, are subject to change and modification by Saillogger at any time without prior notice. Saillogger also reserves the right to change the terms of subscriptions, including but not limited to changing subscription prices, moving subscriptions to free tiers, or canceling subscriptions, without prior notice.
3.1. To qualify for Partner commissions, you must refer a new user to Saillogger who subscribes to a paid subscription plan through your unique Partner link or code.
3.2. Commissions are only earned on new, paid subscription plans. Commissions will not be earned on free trial subscriptions or any other free offerings.
4.1. Payment will be made to you through the payment method specified in your Partner Program account on the first day of the month following the month in which your partner balance reaches ten US dollars ($20) or equivalent for a payout.
4.2. Payout fees, including transaction fees and processing charges, will be deducted from your partner balance before the commission payment is made to you.
4.3. If, for any reason, we are unable to complete a payment to you within 1 year from the date the commission is credited to your partner balance, the unpaid balance will be forfeited and transferred back to Saillogger.
4.4. If, after a payout is made, there are refunds or disputes related to the commissions, Saillogger will deduct the refunded or disputed amounts from your future payouts.
4.5. You are responsible for ensuring that your payment information in your Partner Program account is accurate and up-to-date. Saillogger will not be responsible for any payment delays or failures due to incorrect payment information.
5.1. The Federal Trade Commission (FTC) requires that you disclose your relationship with Saillogger when promoting our products or services through the Partner Program. You must clearly and conspicuously disclose that you may earn commissions for sales and referrals to Us generated through your affiliate links or codes.
5.2. Your disclosures must comply with FTC guidelines, including but not limited to clear and easily understandable language, proper placement, and conspicuous presentation.
5.3. You are solely responsible for ensuring compliance with FTC guidelines and disclosing your relationship with Saillogger appropriately.
6.1. These Terms are effective upon your acceptance and will continue until terminated by either party.
6.2. Saillogger reserves the right to terminate or suspend your participation in the Partner Program at any time, with or without cause and for no reason, and without prior notice.
6.3. We may also terminate these Terms and this Agreement if you (i) are in material breach and fail to cure the breach within a reasonable time period specified by us, (ii) if your participation in the Program could subject us to harm, or (iii) in order to comply with the law or request of governmental entities and/or law enforcement authorities.
Saillogger reserves the right to modify, suspend, or terminate the Partner Program and these Terms at any time. Notice of modifications will be provided to you via email, by posting a revised version on the Saillogger site, or by otherwise notifying you as necessary. By continuing to participate in the or through the Partner Program portal after the effective date of any modifications to these Terms, you agree to be bound by the modified terms. It is your responsibility to check the Saillogger website regularly for modifications to these Terms. We may also change or discontinue all or any part of the Program at any time in our sole discretion.
8.1. As a Partner, you agree to represent Saillogger and its products and services in a professional, competent and ethical manner and in accordance with all applicable laws concerning Privacy Rights and confidentiality of personal and financial information of third parties.
8.2. You may not engage in any deceptive, fraudulent, or unethical practices, including but not limited to false advertising, spamming, or misrepresentation of Saillogger's offerings.
8.3 Saillogger prohibits the paying of bribes or financial remuneration of any kind to anyone, for any reason. You and your employees, agents and contractors will not violate or knowingly permit the violation of this Anti-Bribery prohibition or any applicable anti-corruption laws, and will immediately notify Saillogger if you become aware of any investigation, complaint, litigation or other proceedings against you regarding such violations related to your participation in the Saillogger Partner Program.
9.1. Participation in the Saillogger Partner Program does not create any employment or agency relationship between you and Saillogger. We and you are independent contractors. These Terms do not create a partnership, joint venture, agency, fiduciary, or affiliate/subsidiary entity relationship. The use of the term “Saillogger Partner Program” refers solely to your participation in the referral program as described in this Agreement and does indicate the creation or establishment of a partnership entity.
9.2 You will not make any representations, warranties, or guarantees to any third party on behalf of Saillogger. Neither party, nor any of its respective affiliates or subsidiaries, is an agent of the other for any purpose or has the express authority to bind the other.
9.3 These Terms are non-exclusive and do not preclude Saillogger or you from entering into similar agreements with third parties.
These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law principles. Any dispute or claim relating in any way to the Program or these Terms will be adjudicated in the Governing Venue of Kings County in the state of Washington and you consent to the exclusive jurisdiction and venue. Notwithstanding the foregoing, either Party may seek injunctive or other emergency relief in any court of competent jurisdiction for any actual or alleged infringement of such Party’s or any third party’s intellectual or other proprietary rights.
11.1. You agree to indemnify and hold Saillogger harmless from any claims, damages, liabilities, and expenses arising out of your participation in the Partner Program or any breach of these Terms. This indemnification includes legal fees and costs.
11.2. Except in cases of willful misconduct or gross negligence, Saillogger's liability for any damages, losses, or claims arising from the Partner Program is limited.
11.3 THE AGGREGATE LIABILITY OF SAILLOGGER ARISING IN CONNECTION WITH THESE TERMS AND THIS AGREEMENT WILL BE LIMITED TO A REFUND OF THE SUBSCRIPTION FEES PAID BY YOU TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE LIABILITY AROSE. THE LIMITATIONS ON LIABILITY IN THIS SECTION 11 APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.
12.1. You agree to maintain the confidentiality and protection of any non-public information shared with you by Saillogger in the course of your participation in the Partner Program.
12.2 If Saillogger or a third party provides any “Third-Party Data” to you, you will handle, use, and process such Third-Party Data (i) in accordance with all applicable data protection laws, (ii) only use the Third-Party Data for the purpose for which it is provided, and (iii) in accordance with your and our privacy policy.” You agree to delete and remove any such Third-Party Data provided to you by us or a third party upon request by us or such third party as may be required by applicable laws.
Certain provisions, including but not limited to indemnification and limitation of liability, will survive the termination of this agreement.
THE SAILLOGGER PARTNER PROGRAM AND ANY BENEFITS, DATA OR OTHER MATERIALS WE MAY OFFER OR PROVIDE, ARE PROVIDED “AS-IS”. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE REGARDING THE PROGRAM OR MATERIALS AND BENEFITS WE PROVIDE, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (i) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (ii) THAT ANY MATERIALS PROVIDED BY US WILL BE ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (iii) ARISING OUT OF ANY COURSE OF DEALING, OR USAGE OR TRADE.
These terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.
The failure by us to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing and signed by an authorized Saillogger officer to be effective.
If any portion of these Terms is held to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to give effect to the intent of the original portion of these Terms. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms but the rest of these Terms will remain in full force and effect.
These Terms, including any applicable Additional Terms and all other documents incorporated by reference herein, constitute the entire agreement between you and Saillogger regarding the subject matter of these Terms. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of these Terms. We will not be bound by, and specifically object to, any term, condition or other provision that is different from or in addition to the provisions of these Terms (whether or not it would materially alter these Terms). If there is a conflict between these Terms and any Additional Terms we may enter into with you by mutual agreement, the Additional Terms will control, except that these Terms will control with respect to any Additional Terms from a third party.
You will not assign or otherwise transfer these Terms or any of your rights, responsibilities and obligations under these Terms, without our prior written consent. Any assignment or transfer in violation of this Section 19 will be void. We may assign these Terms without your consent (i) in connection with a merger, acquisition, or sale of all or substantially all of our assets, or (ii) to any affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for Saillogger as a party to these Terms and Saillogger shall be fully released from all of its obligations and duties to perform under these Terms. Subject to the foregoing, these Terms will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.
If you have any questions or concerns about these Partner Program Terms and Conditions, please contact us at [email protected].
By participating in the Saillogger Partner Program, you agree to these Terms and any future modifications. It is your responsibility to review these Terms periodically for changes. Your continued participation in the Partner Program after the posting of any changes to these Terms constitutes acceptance of those changes.
Thank you for joining the Saillogger Partner Program. We look forward to a successful and mutually beneficial Partner Program relationship!