Referral Program Agreement

This Referral Program Agreement (“Agreement”) contains the complete terms and conditions between The Anti-Boring Project LLC (“Company”) and you, the individual or entity applying to participate in the Referral Program (“Referrer”).

By submitting an application or participating in the Referral Program, you acknowledge you have read, understood, and agree to be bound by the terms of this Agreement, along with the Company’s Privacy Policy.

Effective Date: This Agreement is effective immediately upon acceptance by the Referrer.

1. Definitions
  • Commission: The percentage of each eligible purchase paid to the Referrer.
  • Company: Refers to The Anti-Boring Project, LLC.
  • Eligible Purchase: A completed purchase made on the Company’s website within 60 minutes of the referral link click and not returned within 30 days.
  • Fraudulent Activity: Any actions taken to exploit or manipulate the program, including self-referrals, false advertising, cookie stuffing, or any unlawful action.
  • Referral Link: A unique tracking link provided by the Company for tracking eligible referrals.
  • Referral Program: The Company’s program where Referrers are paid Commissions) for eligible purchases made through their unique links.
  • Referrer: The business, individual, or entity participating in the Referral Program. If the Referrer is an entity, then any directors, officers, employees or agents of such entity shall constitute the Referrer as defined herein.
  • Tracking System: The technology the Company uses to track clicks, purchases, and commissions associated with Referral Links.
2. ENROLLMENT & ELIGIBILITY

To participate, Referrers must submit a completed application and be approved by the Company, which reserves the right to accept or reject applications in its sole discretion. Approved Referrers are granted unique referral links. Unauthorized or altered use of referral links will result in removal from the program.

3. Referral Process

Referrers may only use the unique referral links or codes provided by the Company.

Links expire after 60 minutes, requiring a completed purchase within this period for the referral to be eligible.

4. Commission & Payment Terms
  • Commission Rate: Referrers will earn 10% on the sale value of each eligible purchase.
  • Payment Method: Commissions are paid to the Referrer via PayPal on the 15th of each month for eligible purchases made two (2) months prior, and not returned within thirty (30) days of the purchase. For example, Commissions on eligible purchases made using the Referrer’s link during the month of October 2024 will be paid via PayPal on December 15, 2024.
  • High-Volume Adjustments: The Company reserves the right to decrease commission rates at high sales volumes, with prior notice to the Referrer.
  • Tax Reporting: Referrers are solely responsible for any taxes related to commission payments.
5. Order Processing

The Company is solely responsible for processing orders from Referred Users, including payment processing, cancellations, and refunds.

Referrers must ensure that referral links are properly formatted for tracking purposes. The Company reserves the right to reject improperly formatted links.

6. Prohibited & Fraudulent Activities
  • Fraudulent Traffic includes but is not limited to: fake accounts, cookie stuffing, unauthorized paid ads, and any manipulation of referral links as provided by Company.
  • Prohibited Activities include promoting or engaging in content that is discriminatory, defamatory, obscene, in violation of any applicable law or regulation, or that violates or intends to violates any rights that are vested in a third party.
  • Referrers may not:
    • Alter referral links to misrepresent or interfere with tracking by Company.
    • Engage in spam or unsolicited commercial messaging, or in any conduct that .
    • Use unauthorized promotions, including discounts, refunds, or coupons, without prior written approval of Company; or
    • Employ misleading, deceptive, or false advertising practices.
  • Self-Referrals: Referrers may not use Company provided links to receive commissions on their own purchases.
  • Sanctions for Violations: Conduct that violates this section of the

Agreement may result in the Referrer’s removal from the program, forfeiture of commissions, and potential legal action.

7. Limits & Restrictions
  • No Limit on Referrals: Referrers may generate unlimited referrals. The Company reserves the right to review and audit any Referrer’s account at any time.
  • Referral Thresholds: If certain high-volume thresholds are reached, commission percentages may decrease. The Company reserves the right to define these thresholds and will notify Referrers in advance, in writing.
8. Referral Validity & Expiration
  • Session Expiry: If the Referred User does not complete their purchase within the 60-minute window, they must click a new referral link in order for the Referred User’s purchase to count towards Referrer’s Commissions.
  • Non-Qualified Referrals: The Company reserves the right to exclude from Commissions any referrals not meeting eligibility criteria or generated through prohibited practices.
9. Intellectual Property & Licensing of Marks

The Company grants Referrer a non-exclusive, revocable license to use the Company’s logos and trademarks solely for promoting products through authorized referral links.

  • Referrers may not:
    • Alter the Company’s logos or trademarks.
    • Register domain names or social media accounts using the Company’s marks; or
    • Use Company marks in any way that disparages or damages the Company or its brand.

Revocation of License: The Company may revoke this license at any time, with or without cause.

10. Confidentiality
  • Confidential Information: Referrer may have access to confidential information belonging to Company, such as client or customer information, business operations, internet websites, marketing and social media content, financial information, and other non-public information of the Company during the term of this Agreement (“Confidential Information”).
  • Treatment of Confidential Information: Referrer shall treat all such Confidential Information as strictly confidential, proprietary and belonging to the Company. Referrer shall not misappropriate, disclose, communicate, reveal or convey (whether directly or indirectly, orally, in writing or otherwise, voluntarily or involuntarily) any Confidential Information to any person or entity, including for Referrer’s own use, except for the advancement of the interests of the Company in the course of Referrer fulfilling the terms of this Agreement with the Company.

Obligation; Survival: Confidential Information shall be protected for so long as such information remains confidential. The provisions of this Section shall survive the termination of this Agreement between the Parties, regardless of the reason for such termination.

11. Disputes & Liability
  • Dispute Resolution: Referrers may file disputes within ten (10) days of the discovery of a dispute between Referrer and Company. After ten (10) days have elapsed, disputes will not be reviewed by Company.
  • Limitation of Liability: The Company will not be liable for any direct, indirect, incidental, or consequential damages. The maximum liability shall not exceed the total commissions paid within the previous three (3) months.
  • Indemnification: Referrers agree to indemnify and hold the Company harmless against claims arising from misuse of referral links, breach of this Agreement, or any fraudulent activity.
12. Modification of Program

The Company reserves the right to modify, suspend, or terminate the Referral Program or this Agreement at any time. Notice of changes will be posted on the Company’s website.

Termination Clause: The Company may terminate a Referrer’s participation in the program at any time and for any reason, including violations of this Agreement or brand misuse.

13. Disclaimers

No Warranty: The Company makes no express or implied warranties regarding the Referral Program or tracking system. The program is provided on an “as-is” and “as-available” basis.

Disclaimer of Responsibility: The Company is not liable for interruptions in tracking, lost commissions due to system issues, or other circumstances outside its control.

Governing Law
This Agreement shall be governed by the laws of the State of Georgia, without regard to its conflict of law principles.

Any legal action or proceeding arising under this Agreement shall be brought exclusively in the federal or state courts located in the state of Georgia. By participating in the Referral Program, Referrers hereby consent to the jurisdiction of such courts and waive any objections based on venue.

BY PARTICIPATING IN THE ANTI-PLANNER REFERRAL PROGRAM, YOU ACCEPT AND AGREE

Compliance with FTC and Data Privacy Laws

Compliance: Referrers must comply with the FTC’s endorsement guidelines and applicable data privacy laws, including GDPR and CCPA.

Disclosure Requirement: Referrers must disclose their relationship with the Company on all promotional materials, in line with the Federal Trade Commission’s (FTC) Revised Endorsement Guides.

Taxes & Address Changes

Tax Responsibilities: Referrers are responsible for any applicable taxes related to their commissions.

Address Updates: It is the Referrer’s responsibility to update their contact, tax, and payment information promptly. The Company is not liable for commission delays or losses due to outdated information.

Termination for Breach

Immediate Termination: Any breach of this Agreement, including fraud or prohibited activities, will result in immediate removal from the Referral Program and forfeiture of unpaid commissions.

Right to Withhold Payments: The Company reserves the right to withhold commissions indefinitely if fraud, misuse, or breach of this Agreement is suspected.

Independent Contractor Status

Referrers are independent contractors and not employees of the Company.

Nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.

Indemnification

Referrers agree to indemnify and hold harmless the Company, its affiliates, directors, officers, employees, and agents from any claims, damages, liabilities, costs, or expenses arising from (i) any breach of this Agreement; (ii) misuse of referral links or trademarks; or (iii) Referrer’s participation in prohibited activities.

Confidentiality of Agreement Terms

The terms of this Agreement are considered Confidential Information as defined within this Agreement and are subject to the terms governing such Confidential Information as contained in Section 10 of this Agreement.