The Ninth Project Ambassador Program Terms of Service
These Terms and Conditions (the “Ambassador Agreement”) govern the Ambassador Program that is made available by The Ninth Project. (“Ninthproject.com”, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between The Ninth Project and the individual or entity who participates in the Ambassador Program (the “Ambassador”, or “you”).
Please read this agreement carefully as it represents a legally binding agreement between you and The Ninth Project. By submitting your application and by your use of the Ambassador Program, you agree to comply with all of the terms and conditions set out in this Ambassador Agreement. Ninthproject.com may terminate your Ambassador Account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Ninthproject.com believes is harmful to its business, or for conduct where the use of the Ambassador Program is harmful to any other party.
The Ninth Project reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
- You must be 16 years or older to be part of this Program.
- You must be a Person. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Ambassador Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
When you join the program, The Ninth Project will create a 20% off coupon for you that you will use to purchase products from Ninthproject.com. Your 20% coupon will be active for 1 purchase only. You will use the purchased products to review them and to place links, banners, advertisements and other marketing content in your website, blog, podcast, social networks, email list or other types of online presence directing to Ninthproject.com.
Only after you use your 20% off coupon to purchase products from Ninthproject.com (unless otherwise expressly indicated by The Ninth Project) we will create your unique 15% off Ambassador coupon which will be unique to you. You can share your unique 15% off Ambassador coupon with your audience without any restrictions so they can create orders using your coupon.
The Ninth Project will track your unique 15% off Ambassador coupon usage and every time it is used the order will be considered your referral and recorded as such in the Ambassador Dashboard.
You will also get credited commissions on your own orders using your unique 15% off Ambassador coupon.
Referral commissions and payment
For a sale to be eligible to count as a referral commission, the customer must use your unique 15% off Ambassador coupon to complete an order. There are no minimum order amounts for a referral to be credited as commission. The commission to be paid is 10% of the total amount of each order credited to your unique 15% off Ambassador coupon (excluding shipping, taxes, and returns) unless otherwise indicated by The Ninth Project.
We will pay you your commission after your referred order has been shipped (normally 3-5 business days). If the order is cancelled by the customer before it ships you won’t be paid. All Ambassador commission payments will be payable in United States Dollars and exclusively through PayPal.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
As part of the program, The Ninth Project grants you a non-exclusive, non-transferable, limited license to use the Ninthproject.com logos for the sole purpose of promoting our service within the context of the Ambassador Program. This license will expire upon termination of your participation in the Ambassador Program.
You may only display advertisements that contain The Ninth Project logos or service marks in good taste. You may not use The Ninth Project logos or service marks in a manner that, in The Ninth Project’s sole discretion, portrays The Ninth Project in a negative light.
You will be solely responsible for your own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.
The Ninth Project may, without prior notice, require you to remove or modify any advertisements in The Ninth Project’s sole discretion.
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, we recommend not to display product prices on your site but if you do, you must update them regularly. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
You will be solely responsible for the development, operation, and maintenance and for all materials that appear on your website, blog, podcast, social networks, email list or other types of online presence directing to Ninthproject.com. For example, you will be solely responsible for:
- The technical operation of your site and all related equipment (where applicable)
- The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with your unique 15% off Ambassador coupon)
- Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on your site are not libelous or otherwise illegal
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon your entrance to the Program and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to Ninthproject.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. The Ninth Project reserves the right to end the Program at any time. Upon program termination, The Ninth Project will pay any outstanding earnings accrued.
The Ninth Project , in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other The Ninth Project service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. The Ninth Project reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of The Ninth Project will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. 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 be 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.
The failure of The Ninth Project to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and The Ninth Project and govern your use of the Service, superseding any prior agreements between you and The Ninth Project (including, but not limited to, any prior versions of the Terms of Service).