Affiliate Program Terms
Last modified: July 18th, 2022
2. OptionStrat's Affiliate Network
To participate as an OptionStrat affiliate, you are required to complete an affiliate application located at https://optionstrat.com/affiliates. We may accept or reject your application, at our sole and absolute discretion, for any reason or no reason whatsoever. We will notify you if you are accepted to the Affiliate Program. If you are accepted, we will set a percentage commission rate for you based on the anticipated size of your audience and other factors. If you are a US resident, we will request that you provide us with your Employer Identification Number (EIN) or Social Security Number (SSN) for tax reporting purposes before we issue a payment on any commissions.
3. How The Affiliate Program Works
You will receive a unique URL tracking link that will allow us to track any clicks made using that link. If a new user who clicks that unique URL tracking and signs up within 90 days (i.e., using the same computer or device, using the same browser and without clearing their cookies), you will receive credit for a commission at your commission rate based on amounts actually received from the new user for the full life of their subscription to OptionStrat’s services (the “Services”). We will pay commissions to you on a monthly basis, provided that we may defer paying commissions of relatively small amounts until your commissions reach a minimum payment threshold (approximately $100). If our automated tracking fails for any reason and you want us to consider paying commissions for a particular referral, you must contact us at email@example.com. All decisions regarding potential commissions for alleged tracking fails of successful referrals shall be at our sole and absolute discretion. If your account remains in good standing, we may decide to lower the foregoing payment threshold, at our sole and absolute discretion.
4. Your Obligations
You hereby certify that all of the information you provide us with will be accurate and complete (with no misrepresentations, misstatements or omissions) including, without limitation, on your affiliate application, during our relationship, and when corresponding with us. On occasion, we may need to communicate with you by e-mail or telephone about the Affiliate Program. You agree to maintain a working e-mail address that is monitored daily and to promptly inform us of any changes to your e-mail address or phone number. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on communications that are misdirected because of your failure to provide us with updated contact information.
5. Commissions And Payout Terms
Commissions will be paid to you based on successful referrals. A successful referral is defined as a non-fraudulent, active for a period of at least thirty (30) days, not cancelled OptionStrat account, that has paid for Services in full and has been directed to OptionStrat through your affiliate tracking link. Due to the high frequency of credit card fraud, affiliate commission fraud, and cancellation rates, we reserve the right to hold commissions for up to sixty (60) days for verification on a case-by-case basis. We also reserve the right to reverse, recoup, set-off, claw-black or cancel any commissions in the event that:
- a) we are unable to actually collect and retain funds from an applicable user;
- b) a subscription is found to be fraudulent;
- c) a user cancels and is refunded for any reason; or
- d) we determine a commission was earned improperly through any means.
You will be notified by us of any commission cancellations. If your account remains in good standing, we may decide to reduce the foregoing delay, at our sole and absolute discretion.
6. Your Responsibilities
- a) You must use ethical advertising methods.
- b) You must not send unsolicited or spam e-mails, chat room messages, direct messages, text messages, virtual world messages or any other type of unsolicited or spam messages, by any means, whether now known or hereafter devised.
- c) You must not directly compete with OptionStrat's advertising. You must never run ads for "OptionStrat" and related keywords, or use other methods that directly compete with our own advertising for clicks.
- d) Your advertising of OptionStrat must not include advertisements, solicitations or spam links to other websites or individuals.
- e) Your advertising, posts and other online activity must never:
- i. be false, inaccurate, or misleading;
- ii. violate any local, state, federal, or international laws;
- iii. infringe on the rights of others, including copyrights, trademarks, trade secrets, publicity or privacy rights;
- iv. include anything that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity;
- v. include any "pump-and-dump" schemes or anything that is intended to manipulate the market, or intended to defraud any person or entity;
- vi. impersonate another business, person or entity, including OptionStrat, its affiliates, employees and agents;
- vii. include viruses or other harmful computer code; or
- viii. victimize, harass, degrade or intimidate any person, entity or group.
- f) You must not post your affiliate link on coupon sites to "take credit" for clicks that are not referring new customers.
- g) You must not misrepresent the capabilities of OptionStrat or the risks of investing. You must never claim that OptionStrat or options investing in general will guarantee a return. Instead, you must include a standard disclaimer to remind users that options trading is risky.
7. Our Rights
We reserve the right to refuse payment if we establish that you have violated this Agreement or used dishonest tactics to acquire subscribers. Your account will be permanently blocked and your payments will be refused. We are not responsible for your taxes. We reserve the right to modify and/or update these terms at any time and with or without prior notice. It is your responsibility to review these terms from time to time to check for updates.
8.Term and Termination
The term of this Agreement will commence upon our acceptance of your Affiliate Program application, and will end when terminated by either party, with or without cause, upon not less than ten (10) days’ prior written notice to the other party. Once terminated, you will not be eligible to receive any further commissions, payments or remuneration of any kind. Provisions of this Agreement that, by their nature, apply after termination of this Agreement, will survive termination including, without limitation, Sections 8 through 17.
You agree to defend, indemnify, and hold harmless OptionStrat and its affiliates, officers, employees, agents, suppliers or licensors from and against any and all loss, liability claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your participation in the Affiliate Program, your advertisement of OptionStrat, any breach by you of this Agreement and/or any violation by you of applicable law or regulation.
Our address for any notices under this Agreement is as follows: firstname.lastname@example.org
OPTIONSTRAT’S SERVICES AND AFFILIATE PROGRAM ARE PROVIDED BY OPTIONSTRAT ON AN “AS IS” AND “AS AVAILABLE” BASIS. OPTIONSTRAT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR AFFILIATE PROGRAM, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE SERVICES OR AFFILIATE PROGRAM. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OPTIONSTRAT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY IS MADE REGARDING THE RESULTS OF USE OF THE SERVICES OR AFFILIATE PROGRAM, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS IN SERVICES WILL BE CORRECTED, OR THAT THE SERVICES' FUNCTIONALITY WILL MEET ANY REQUIREMENTS. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW SUCH DISCLAIMERS, SO SOME OR ALL OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, WILL OPTIONSTRAT OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE AFFILIATE PROGRAM AND/OR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OPTIONSTRAT HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OPTIONSTRAT BE LIABLE FOR ANY ORDINARY OR DIRECT DAMAGES HEREUNDER IN EXCESS OF $100.
13. Governing Law, Arbitration
Any disputes between the parties arising out of or relating to the Agreement (“Disputes”) will be governed by the Federal Arbitration Act, applicable federal law and New York law regardless of your location and notwithstanding of any conflicts of law principles. Except for Disputes relating to intellectual property rights, any Disputes will be resolved exclusively by final and binding arbitration under the rules and auspices of the American Arbitration Association, in English, with a written decision stating legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration costs and reasonable documented attorneys’ costs of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction. If there is more than one Dispute between the parties, all such Disputes may be heard in a single arbitration under this Section. Except to the extent required by applicable law that cannot be waived or modified by this Agreement, Disputes under this Agreement may not be consolidated into a single arbitration proceeding with disputes between the OptionStrat and other persons, even if those disputes are governed by an arbitration proceeding similar or identical to this Section and even those other persons are similarly situated and their disputes are similar or identical in the nature to a Dispute under this Agreement. Any arbitration hearings or conferences pursuant to this Section will be conducted exclusively by means of conference telephone or other communications technology, as reasonably determined by the arbitrator, by means of which all persons participating in those hearings or conferences can hear each other, and neither the parties, the arbitrator or any attorneys, witnesses or other representatives of the parties will be required to be physically present in any particular place for purposes of any hearing or conference.
You will not assign, transfer or delegate its rights or obligations under this Agreement to any third party without OptionStrat’s prior written consent. For the purposes of this Agreement, any sale or transfer by you of all or substantially all of its stock or assets or by merger or otherwise by operation of law is considered an assignment, requiring OptionStrat’s express written consent. OptionStrat may freely assign this Agreement or transfer any of its interest herein, including to any OptionStrat affiliate, to a purchaser of all or substantially all of OptionStrat’s assets, and to a successor in interest of OptionStrat as part of a corporate reorganization, consolidation or merger. This Agreement and each of the provisions hereof will inure to the benefit of and be binding on each party’s successors, administrators and permitted assigns.
OptionStrat may revise this Agreement from time to time and the most current version will always be posted on our website at https://optionstrat.com/affiliates/terms. If a revision, in our sole discretion, is material, OptionStrat may, but has no obligation to, notify you via email.
16. Definitions and Construction
Capitalized terms in this Agreement have the meanings indicated in this Agreement unless the context otherwise requires, which meaning will be equally applicable to both the singular and plural forms of those terms. In this Agreement, unless a clear contrary intention appears (a) ”Section” refers to sections of this Agreement; (b) ”including” (and with correlative meaning “include”) means including without limiting the generality of any description preceding such term, and (c) any reference to a decision, consent, determination or other exercise of discretion by OptionStrat, unless expressly provided to the contrary, means a determination or exercise of discretion in OptionStrat’s sole and absolute discretion.
This Agreement constitutes the entire agreement and understanding between the parties with respect to its subject matter, and this Agreement terminates, merges and supersedes all prior agreements, discussions and writings with respect to its subject matter, whether oral or written. Each party has relied only on the express terms of this Agreement, and not on any representations of the other party not set forth herein, nor on any other documents or materials of the other party not expressly made a part hereof. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the applicable section. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement will remain in full force and effect. The failure of OptionStrat to act with respect to a breach of this Agreement by you or others does not constitute a waiver and will not limit OptionStrat’s rights with respect to that breach or any subsequent breaches. This Agreement is entered into by the parties for the exclusive benefit of the parties and their successors and permitted assignees. The Agreement is expressly not intended for the benefit of any other person. No third party will have any rights under this Agreement.