Snappy Terms
Snappy Affiliate Program Agreement
Thank you for your interest in joining the Snappy affiliate program (the “Program”) operated by Snappy App, Inc. (“we”, “our”, “us” or “Snappy”). By submitting an application or otherwise joining the Program, you agree to be bound by the terms and conditions below (the “Agreement”). Therefore, please read this Agreement carefully. If you do not agree to all of the terms and conditions of this Agreement, then you should not apply to or participate in the Program. We may change this Agreement at any time upon notice to you, so you should check this site at https://www.snappy.com/partner-program-terms often to see the latest version.
If an individual is accessing the Program on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to this Agreement. The term “you” shall refer to both the business entity and the individual accessing the Program on behalf of such business entity.
1. ENROLLMENT IN THE PROGRAM
(a) In order to join the Program, you must either submit an application through the Program as designated by Snappy or its affiliate network or agency (including our affiliate partner Partnerstack (“Partnerstack”)) or agree to the terms of this Agreement if requested to join the Program by Snappy or its affiliate network or agency, including Partnerstack. All information provided by you in connection with any application and your participation in the Program must be complete and accurate. If your information changes, it is your responsibility to immediately update such information with Snappy or Partnerstack, as applicable.
(b) Upon receiving your application, we will review your information and notify you of your acceptance or rejection into our Program. We reserve the right to reject any application or later revoke an accepted application; however, we encourage you to contact us if you feel we have made an incorrect decision.
(c) You are authorized to participate in the Program only during such time as we have approved your participation.
(d) At any time upon request, you must identify for us all websites, apps, social media channels and other services that you will use in connection with the Program (“Your Services”). We may monitor, crawl or otherwise investigate Your Services at any time in connection with the Program.
(e) You may not use sub-affiliates or otherwise broker your participation in the Program to any third party without our prior written approval. If we do provide any such approval, you are responsible for ensuring that such third party complies with the terms and conditions of this Agreement, and you shall be responsible for such third party’s acts and omissions.
(f) In order to participate in the Program, you will be required to create an account with Partnerstack. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password. You must notify us immediately in the event that any unauthorized access to your account is suspected. We may suspend or terminate your access at any time with or without notice.
2. AFFILIATE SALES COMMISSION
(a) We or Partnerstack shall provide you with unique links, discount codes and/or other offers for you to promote Snappy to customers through Your Services (“Offers”). We and/or our affiliate network partner or agency will determine what qualifying sale, lead or other actions will be attributed to you during your participation in the Program (“Qualifying Action”). This may include but is not limited, our practices for tracking sales or actions, dealing with multiple affiliate referrals, reversing fraudulent sales or actions and dealing with returns. Our decisions shall be final and binding.
(b) We shall pay you a sales commission for all Qualifying Actions as set forth in your Partnerstack partner dashboard resources tab titled Snappy Affiliate Earnings Opportunity/Rewards (“Sales Commission”). For further specifics on payouts/rewards see the Snappy Affiliate Earnings Opportunity/Rewards document in your partner resources available here [https://dash.partnerstack.com/snappy/resources].
(c) You shall be responsible for all taxes and other similar levies applicable to the Sales Commission pursuant to any law or regulation. You shall report the Sales Commission to its taxation authorities as required by law. While we may provide certain information regarding taxes, you acknowledge that we are not tax consultants and that you should consult with your own financial professionals and advisors.
(d) If applicable, we reserve the right to post and maintain a designated password-protected web page for you on the Snappy or Partnerstack website or app, or other platform designated by Snappy (any such platform, the “Snappy Service”) showing your participation in the Program including the number of Qualifying Actions and an estimate of the Sales Commission due. We shall pay you for your Sales Commission representing the amount payable for the sales finalized on the timeframe agreed upon between us and you. We reserve the right to delay sending payment as deemed reasonably necessary to prevent suspected cases of fraud. You will receive the Sales Commission in US dollars unless other arrangements have been mutually agreed upon by the parties.
(e) From time-to-time, we may make certain free samples, free products, and/or other items available to you for you to conduct promotional activities (such as giveaways) as part of your Service(s). We shall not act as the sponsor of any such promotion and you are solely responsible for conducting any such promotional activities in compliance with applicable laws, including any laws applicable to the conducting and administration of sweepstakes and contests. Any statements you make about such products or samples must comply with the disclosure obligations under Section 10.
(f) Payments in the Snappy Affiliate Program are handled by PartnerStack (the “Payment Provider”). In order to receive payments under this Agreement, you must create and maintain an account with Payment Provider in the Payment Provider’s online or app-based dashboard (“Payment Provider Platform”), which is provided pursuant to terms directly between the Payment Provider and you. You must keep all information updated and complete within the Payment Provider Platform to receive proper payments. Payments returned due to incorrect payment email addresses or other incorrect information will not be returned. The Payment Provider Platform will reflect payment history to you, and the parties agree that: (a) the data shown in the Payment Provider Platform will govern payments to be made, subject to Snappy’s right to correct errors based on its own records and (b) records and payments will be deemed complete, incontestable, and final twelve (12) months after the applicable Successful Referral occurs.]
3. YOUR SERVICE RESTRICTIONS
You and Your Service(s) may not:
● infringe on our or any anyone else’s intellectual property, right of publicity, privacy or other rights;
● Violate any law, rule or regulation;
● Contain or use any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials;
● Contain or use any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information;
● Contain or use software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of Sales Commissions from another website; or
● Contain or use any content that is deceptive, fraudulent or misleading
● Contain or use any discounts links or codes not validly obtained from us or Partnerstack.
You also agree that you will not, through Your Services or otherwise, commit any act which brings Snappy into public disrepute, contempt, scandal, or ridicule, or which insults or offends the general community to which Snappy’s advertising materials or products are directed, or which might tend to harm Snappy or any of Snappy’s products or services including, without limitation, disparaging, their products or services, or their competitors.
4. LINKS TO THE OFFERS
Links for the Offers will be made available to you through the Program. You agree to abide by the following:
● You will only use linking code obtained from the Program without modification or manipulation.
● All portions of Your Services must be approved by Snappy.
● You may not engage in cookie stuffing or include pop-ups, false or misleading links on Your Service. In addition, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating).
● Your Service may not in any way copy, resemble, or mirror the look and feel of our Program and services.
● You may not use redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain.
● No type of automated “clicking”, by any technique, is allowed.
● You may not use misleading, confusing or fraudulent means in order to elicit a physical click by the end-user on the Links.
● You may not misuse or otherwise abuse the Links, including by enabling unauthorized sharing or posting the Links on discount sites or discussion groups. You must immediately report to Snappy any unauthorized sharing of the Links as soon as you are aware of any such unauthorized or fraudulent activity.
● You must comply with our affiliate handbook available in your affiliate resources dashboard [https://dash.partnerstack.com/snappy/resources].
5. TRADEMARKS - DOMAIN NAMES & SEARCH ENGINE MARKETING / PPC
Use of any of our trademarks or any terms substantially similar (“Snappy Trademarks”) as part of the domain or sub-domain for Your Service is strictly prohibited without prior approval by us.
If you participate in paid search engine advertising or Pay Per Click (“PPC”), you agree as follows:
- You may not bid on any of the Snappy Trademarks, including any variations or misspellings thereof for search or content based campaigns on Google, Bing, Yahoo or any other keyword-based advertising network.
- You may not use the Snappy Trademarks in sequence with any other keyword.
- You may not use the Snappy trademarks in your ad title, ad copy, display name or as the display URL.
- You may not direct links to the Snappy Service from any PPC ad or use redirects that yield the same result. Customers must be directed to an actual page on Your Service.
If you automate your PPC campaigns, it is your responsibility to exclude the Snappy Trademarks from your program.
6. EMAIL / TEXT MARKETING
If you intend to promote our Program via e-mail or text campaigns, you must adhere to the following:
● Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187), the Canadian Anti-Spam Law (CASL) and all other applicable laws (collectively, the “Act”) with respect to our Program.
● E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of us. You shall ensure that you are the “sender” of all such emails as defined under the Act.
● You will not send any unsolicited commercial emails unless the end user has specifically opted in to receiving the emails. You will not promote our Program through an “opt-out” email list where the end user has not specifically opted in to receiving your emails.
● You may not send SMS or MMS messages to an end user’s device unless the user has specifically opted in to receiving such messages, in compliance with all applicable laws, rules, regulations and best industry practices, including but not limited to, the Telephone Consumer Protection Act (TCPA).
● You may not use any sweepstakes or contests in connection with the Program without complying with all applicable laws, rules and regulations.
7. Privacy
Your Services must contain a prominent privacy policy that fully, clearly and accurately describes the information collection and use practices for such services. Without limiting the foregoing, you must comply with all applicable laws, rules and regulations regarding privacy, including any industry best practices or self-regulatory programs.
You may not collect personal information from children under 13 in violation of the Children’s Online Privacy Protection Act (“COPPA”). In addition, you may not place links to the Program or the Snappy Service on websites targeted towards children under 13 or send us personal information in violation of COPPA.
If you engage in any retargeting or interest-based / behavioral advertising, you must comply with all principles set forth by the Digital Advertising Alliance (“DAA”), including the Self-Regulatory Principles for Online Behavioral Advertising.
8. SOCIAL MEDIA
Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:
● Notwithstanding any authorization provided by us, (i) you must comply with all terms, conditions, guidelines and rules set forth by the applicable social media platform provider, and shall not take any actions that would put us in violation of such requirements and (ii) you must not use the Snappy Trademark in the page name and/or user name.
● Subject to the foregoing, You ARE allowed to promote the Snappy Service to your own lists; more specifically, you are welcome to use the Links on your own Facebook, Twitter, Instagram, etc. pages.
● If you use the Links on social media channels and tag Snappy, you acknowledge and agree that Snappy shall have the right to organically repost any such tagged content on Snappy owned and operated websites and social media channels, with or without attribution to you, in perpetuity worldwide.
9. OPERATIONS OUTSIDE UNITED STATES
If you are conducting business in or taking orders from persons in other countries, you will follow the laws of those countries. For example, you will comply with the European Union’s General Data Protection Regulation 2016/679 if you are conducting business in or processing personal data from persons in one or more of the European Union countries.
10. DISCLOSURE REQUIREMENTS
You shall include a disclosure statement within any and all pages, blog/posts, or social media posts where links to the Offers are posted, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received product for free from us, this also must be clearly stated in your disclosure.
● Disclosures must be made as close as possible to the claims, and may not appear solely in a “Terms of Use”, “Legal”, “About Us” or other linked page.
● Disclosures must be made at each instance of a sponsored link. A single statement on the site, or a separate page with your general disclosure statement is not sufficient.
● Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g. disclosure should be visible before the jump).
● Pop-up, hover state and button disclosures are prohibited.
● Disclosure policy applies to all social media, even when space is restricted (e.g., tweets)
You must comply with all Federal Trade Commission (“FTC”) disclosure requirements, including but not limited to, the FTC's "Dot Com Disclosures" Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf; and the FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising at
http://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf and further explained at http://business.ftc.gov/advertising-and-marketing/endorsements, as well as any analogous standards set by the advertising standards authorities in any applicable jurisdiction, including without limitation Canada and the United Kingdom.
If you engage in so called “native advertising”, you further agree to comply with the FTC’s Enforcement Policy Statement on Deceptively Formatted Advertisements at https://www.ftc.gov/system/files/documents/public_statements/896923/151222deceptiveenforcement.pdf and the related guidelines.
In addition, only make a factual statement about Snappy or Snappy’s products/services which you know for certain is true and can be verified. For example, do not make statements about the performance or attributes of a product unless you have support for such claims. Remember that even if you do not expressly state a fact, it may be implied, and the FTC Guides apply to both express and implied messages.
11. COMPLIANCE
You represent and warrant to Snappy that:
a. If you are a natural person, you have provided Snappy or Partnerstack with your first and last name, physical address, country, telephone number, email address and complete bank account information as to where payments (if any) are to be made.
b. If you are a business entity, you have provided Snappy or Partnerstack your corporate name and any and all names under which you do business, state of incorporation, registered agent and first and last name, physical address, country, telephone number and email address for at least one natural person who owns, manages, or controls the business, and complete bank account information as to where payments (if any) are to be made.
c. If you are an affiliate network, in addition to the information set forth in subsection (b) above for yourself, you have provided Snappy or Partnerstack the information set forth in subsections (a) or (b) above for each affiliate in your network that participates on the Snappy service.
d. If you engage in acts or practices prohibited by this Agreement, Snappy may immediately terminate your participation in the Service and you forfeit all monies owed to you.
e. You will provide Snappy with (i) copies of all materials created by you in connection with the Services, including marketing materials, text, graphics, videos, audio and photographs, (ii) the location of any online marketing materials, as denoted by a unique URL, (iii) the URL of any hyperlink contained in the marketing materials and (iv) the range of dates that the marketing materials will run. All such marketing materials require Snappy prior written approval before use.
12. REVERSAL OF COMMISSIONS
We seek to maintain a very low reversal rate, and transparent communication with our affiliates. However, we reserve the right to reverse Qualifying Actions due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in this Agreement.
Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our this Agreement, we expect that you will respond in a timely and honest manner.
Without limiting any of our other rights or remedies, if we reasonably determine that you have violated any of term of this Agreement, we may take any one or more of the following actions, regardless of whether we have sought any clarification from you:
1. Reverse your orders, transactions or Sales Commissions.
2. Require you to forfeit any or all Sales Commissions.
3. Set your Sales Commission level to 0%.
4. Suspend you in full or in part from the Program.
5. Terminate you from the Program.
6. Refer your activities to legal authorities.
7. Share your information with third parties who are the victims, targets or otherwise affected by your violation of this Agreement.
13. RELATIONSHIP OF THE PARTIES
While the parties shall work hand-in-hand for the benefit of both, you acknowledge and agree that you shall, from a legal perspective, act as and shall be an independent contractor and not an employee or agent of us. Nothing in this Agreement shall create a partnership, joint venture, agency, or franchise between the parties in the legal sense of these terms. You shall not sign any document in the name of or on behalf of us nor hold yourself out as being an agent of us or as having apparent authority to contract for or bind us. You shall not act or omit to act in any situation that would put us in violation of any applicable law, rule or regulation.
14. DISCLAIMER; LIMITATION OF LIABILITY; INDEMNIFICATION
The Program and other services are provided “as is” without any warranties, express or implied. We make no guaranty that you will earn any amount of Sales Commissions. In no event shall we be liable to you or any third party for special, incidental, consequential, indirect or punitive damages, including, without limitation, any damages resulting from loss of profits, loss of business or loss of goodwill arising out of or in connection with this Agreement, our service or the Program, whether or not we have been advised of the possibility of such damages. In any event, our maximum liability to you for any claims shall in no event exceed the amount of Sales Commissions paid to you during the prior six (6) months.
You agree to defend, indemnify and hold harmless Snappy, Partnerstack, and its and their officers, directors, employees, business partners, merchants and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of this Agreement, (ii) your promotional activities or Your Services or (iii) your use of materials or features available in the Program (except to the extent a claim is based upon infringement of a third party right by materials created by us).
15. INTELLECTUAL PROPERTY
Snappy or its licensors are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Snappy Service and Program. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under this Agreement are reserved by Snappy.
You acknowledge that the Snappy Service contains confidential information, and therefore you shall not disclose such materials to any third party without our prior written approval. You agree to protect all Snappy Confidential Information from unauthorized disclosure. “Confidential Information” means all non-public information provided by or obtained through Snappy, including but not limited to, the Snappy Service portal and user-interface, access credentials, pricing, commission rates and list of Offers. You may not share or provide access to any Confidential Information to any party that has not been authorized in writing by Snappy to receive such information from you.
16. TERM OF THE AGREEMENT
(a) Either party may terminate this Agreement and/or your participation in the Program at any time upon written notice.
(b) As soon as notice of termination of this Agreement is given or upon termination as herein provided, you shall immediately cease marketing and advertising the Snappy Service and shall eliminate all mention, links and references to our service. Pending the completion of the foregoing, we may hold any Sales Commissions due.
Notwithanding the foregoing, in addition to any rights that accrued prior to termination, the provisions of Sections 7 -23 will survive any termination of this Agreement.
17. ENTIRE AGREEMENT; MODIFICATION; WAIVER
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
In addition to this Agreement, you must comply with all instructions, policies and procedures set forth on the Snappy Service, including those set forth by Snappy in writing.
18. ASSIGNMENT
This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns; provided, however, you may not assign any of your rights under this Agreement without written consent from us.
19. GOVERNING LAW; VENUE
This Agreement shall be construed in accordance with, and governed by, the laws of the State of New York. Each party consents to the exclusive jurisdiction and venue of the courts located in Nassau County, New York for all matters.
20. RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
21. SEVERABILITY
If any term, provision, covenant or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
22. NON-WAIVER
No delay or omission by us in exercising any right under this Agreement shall operate as a waiver of that or any other right.
23. CONTACT INFORMATION
Snappy App., Inc.
33 Irving Place, Suite 5021
New York NY 10003