The following are the terms and conditions (this “Agreement” or the “Terms”) for affiliates that direct customers to the CrossBarr Consulting, LLC (“CrossBarr”) (“CrossBarr’s”) website https://crossbarrconsulting.com (“Site”) and where CrossBarr has agreed to pay that affiliate (“you”) (“affiliate”) (“affiliates”) (“your”) for directing those customers to the Site.
This Agreement will begin upon CrossBarr’s acceptance of your application through the Site to become a part of the CrossBarr affiliate program, with such application signifying your acceptance of this Agreement. These Terms will last for an indefinite period of time.
The nature of the relationship between CrossBarr and you will be that of independent contractors for all purposes and in no event will any person employed by you be held or construed to be employees of CrossBarr. Each affiliate is an independent contractor of CrossBarr and not an employee. CrossBarr is not a member of any partnership, joint venture or franchise arrangement with you.
“CrossBarr Materials” include any legal materials, documents, contracts, software, products, web links, promotional material, email, information, partial CrossBarr Material or any other materials provided by CrossBarr, the Site or any CrossBarr service in any way. CrossBarr retains complete ownership and all rights to the CrossBarr Materials. You do not have the right to use or change any of the CrossBarr Materials without prior written consent of CrossBarr. You do not have the right to use any CrossBarr Materials for third party or competitive use. All use of CrossBarr Materials, with or without prior written consent, will cease after termination of this Agreement.
This Agreement will end when either you or CrossBarr terminates your affiliate status. You may terminate this Agreement at any time, and for any reason, by emailing CrossBarr at firstname.lastname@example.org or by messaging CrossBarr at the “Contact Us” section of the Site. You may not transfer this Agreement, or any rights conveyed in this Agreement, to any third party whatsoever.
CrossBarr may also terminate this Agreement at any time, and for any reason, by writing to the affiliate at the email address of the affiliate, with 30 days notice. If this Agreement should terminate for cause due to violation of this Agreement, the affiliate shall forfeit all right to any commission then due.
Upon becoming an affiliate for CrossBarr you will be sent (via your email) a coupon code in the form of a combination of letters and (or) numbers. This coupon code will be unique to you as compared to other affiliate coupon codes.
CrossBarr agrees to pay you a commission of $3 USD for each CrossBarr product that is purchased through the Site where the customer successfully applied your unique coupon code to the purchase.
Commissions are not paid for any sales for which payment has not been received, or for any transaction that has been rejected for any reason.
CrossBarr is not responsible for paying interest to an affiliate for accrued but not yet delivered commission payments.
If a transaction on a CrossBarr product incurs a charge-back, or if a transaction is not completed in every way, no commission payment is due to the affiliate. If a commission has already been paid, then it will be deducted from the future commissions of an active affiliate.
All commissions are paid in U.S. Dollars (“USD”). You are responsible for selecting the payment processor through which to receive your commissions from the payment processors supported by CrossBarr. If you elect a payment processor through which to receive your commissions and you later terminate the account or the account becomes unavailable for any reason, CrossBarr is not responsible for your not receiving the money.
Commissions will be paid to the affiliate on or about the 1st of each month. Each affiliate is responsible for all taxes associated with the receipt of any commissions.
CrossBarr will remain solely responsible for the operation of the Site, and you will remain solely responsible for the operation of your YouTube account, and (or) Twitter account, and (or) website.
CrossBarr will be solely responsible for fulfilling all orders for CrossBarr products and payment processing, and customers who buy through the CrossBarr affiliate program will be deemed customers of CrossBarr.
To protect the privacy of CrossBarr customers, the names of and other personally identifying information about customers will not be provided to you. All information about customers and users collected by CrossBarr shall be owned solely and exclusively by CrossBarr.
You may be given or obtain access to non-public information of CrossBarr that CrossBarr considers to be confidential, including, but not limited to, pricing, financial and operational information, business information and marketing information, in whatever form or media, whether or not marked as confidential (collectively “Confidential Information”). You agree not to use any Confidential Information disclosed to you by CrossBarr for your own use or for any purpose other than to carry out your obligations under this Agreement. You will not disclose any Confidential Information to third-parties. You agree to notify CrossBarr immediately and in writing of any misuse or misappropriation of Confidential Information belonging to CrossBarr, and to return CrossBarr’s Confidential Information upon the request of CrossBarr.
You agree to indemnify and hold CrossBarr harmless from any claim, demand, or damage, including reasonable attorney’s fees and costs, asserted by any third party due to or arising out of your actions (including but not limited to advertising, website content, YouTube content, Twitter content, or how you otherwise direct potential customers to the Site).
You will not market CrossBarr, the Site or CrossBarr Materials using illegal, unethical, or misleading methods, or through inaccurate content.
This Agreement cannot be assigned.
If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
In respect to construction, interpretation, validity and enforcement, these Terms are to be construed in accordance with and governed by the laws of the State of Minnesota in the United States of America (“USA”). You consent to the exclusive jurisdiction of the courts of the State of Minnesota, USA.
Any rights not expressly granted herein are reserved.