This Prattis Affiliate Program Agreement (the “Agreement”) governs Your participation in the Prattis Affiliate Program (the “Affiliate Program”). This Agreement between You and Prattis LLC. (“Prattis”) is in addition to Prattis’ Terms of Use, Privacy Policy and all other documents and provisions applicable to the use of http://Prattis.com (the “Website”). By joining the Affiliate Program You agree to be bound by the terms of this Agreement.

 

Definitions

The Affiliate Program enables any member of Prattis Affiliate Program with a confirmed profile (an “Аffiliate”) to be rewarded for purchases made by his/her Users. Every Affiliate is assigned a unique code (a “Reference ID”). An “Affiliation Link” is an internet hyperlink or web link pointing to the Website that contains an Аffiliate’s Reference ID. A “User” is anyone who buys content on the Website after acting upon a recommendation made by an Affiliate, and clicking on an Affiliation Link. An “Affiliate Cookie” is a web browser cookie left on a User’s web browser by the Website in response to the User’s clicking through an Affiliate’s Affiliation Link.

 

Rules of the Affiliate Program

If You refer a User to the Website, and the User clicks through Your Affiliation Link to the Website, thereby identifying You as the Affiliate via Your Reference ID, Your account will be credited as a commissionable account. User fees, as described below, will be credited to Your account.

The Affiliate relationship between an Affiliate and its User is activated the first time the User clicks on the Affiliation Link. If the User makes a purchase within 90 days of the Affiliate activation, the Affiliate will be rewarded with a commission on said purchases by this User. If the User makes no purchase during this 90-day period, the relationship between the Affiliate and the User will expire.

When a User clicks on an Affiliate’s link, the Website attempts to store an Affiliate Cookie on the User’s web browser. If the User’s browser does not accept cookies, or if the Affiliate Cookie is removed or has expired, the User will not be identified as Your User. In order for Users to be recognized as Your Users, and for User fees to accrue, Users must have an unexpired Affiliate Cookie in their browser when they complete their purchases.

An Affiliate’s revenues are held in an account exclusively for their Affiliate Program commissions, and are calculated as a percentage of the Prattis commission on each purchase made by the User. The Affiliates may receive revenues from an unlimited number of Users into their Affiliate Program account.

The revenue percentage is up to a 15% of an Active User’s monthly subscription fee – less any applicable fees. The Affiliate earns a commission for the first purchase on the Website made by the User after the Active’s 30 day trial period ends. On a monthly recurring schedule, for as long as the the User’s account is in Active status, the Affiliate will continue to earn a monthly commission of up to 15% on all recurring payments made by that Active User to their Prattis account for the life of their service with Prattis. This means that the Affiliate will continue to receive a commission payment each month as their referral customers convert to Active Clients and continue to pay their subscription fees.

The Affiliate commission payment will be issued in United States Dollars (US$) through the PayPal payment method. If Prattis makes an overpayment of commissions to the Affiliate for any reason, Prattis reserves the right to deduct the amount of such overpayment from the Affiliate’s account and/or to require the immediate repayment of such overpaid Affiliate commissions.

Prattis may modify reward percentages and/or payment schedules at any time and notify the Affiliate by an posting the modified percentages or schedule on the Prattis Affiliate Program Agreement page of the Website. If Prattis modifies any percentage, only Your commission earned after the effective date of change will be affected by the changed percentage.

The Affiliate’s ability to receive payments accrued under the Affiliate Program is further governed by the information specified during the Prattis Affiliate Program registration process, and subsequently edited by the Affiliate, after clicking through the acceptance of this Agreement and the Website Terms of Use in the place provided by Prattis, and by complying with same.

The Affiliate is not allowed to use the Referral or API programs while simultaneously using the Affiliate Program.

The Affiliate shall not be affiliated to himself/herself. The Affiliate is not authorized to make any commitment on behalf of Prattis. The Affiliate shall not reward or pay directly or indirectly in any way other parties to influence them to become Users or to otherwise increase his or her affiliation rewards.

The Affiliate shall agree not to buy or bid on any Prattis-trademarked company names or any spelling variations of those names (e.g., Prattis.com, Prattis, LLC, Prattisllc, PrattisLLC,) or combinations of Prattis names plus another term (e.g., “Prattis coupons”), or the same with various spellings or similar terms, etc., for any search-engine keywords, domain names, other search terms and/or titles. The Affiliate shall further agree that he/she will never outrank or outbid Prattis on any web or search-engine keywords.

The Affiliate shall agree not to use, cloak or mask any domain names owned by Prattis, LLC. for any display URL listings in paid search campaigns. The Affiliate shall agree never to create any direct link to Prattis.com or any subsidiary pages in the Prattis.com website or any other websites owned by Prattis in paid search campaigns.

The Affiliate shall agree never to use the word “Prattis” or spelling variations thereof in connection with Prattis-owned properties in domain names, search ads, or on landing pages.

The Affiliate shall agree never to create any direct link to Prattis.com or any subsidiary pages in the Prattis.com website or any other websites owned by Prattis in paid search campaigns.

Prattis reserves the right to withhold commissions on any transactions generated by searches deemed illegal, or to block an account which is, in the sole determination of Prattis, to be in violation of these policies.

 

Usage of Affiliation Links

Prattis hereby grants to the Affiliate a non-exclusive and non-transferable license to use Affiliation Links for placement on his or her blog, application or internet site, for the sole and exclusive purpose of referring potential users to the Website, on the terms and subject to the conditions and limitations contained in this Agreement.

Prattis reserves the right to revoke the license to use the Affiliation Links, in whole or part, at any time. You acknowledge and agree that all aspects of each of the Affiliation Links, in any language, format or medium, are and remain Prattis’ valuable and exclusive property and are protected under trade secret, copyright, trademark and/or patent law.

The Affiliate shall not, and shall not assist anyone else to: copy, use, publish, disclose, distribute, give access to, broadcast, or offer any Affiliation Links to any third party except for the purpose of making a referral to the Website and as permitted by this Agreement; remove or modify any disclaimer or copyright or trademark notice contained in any Affiliation Link, or reverse engineer, disassemble, de-compile, or use any other means to attempt to discover source code contained in an Affiliation Link.

Prattis reserves the right to review the Affiliate’s blog, app or internet site and require the Affiliate to modify his or her use of the any Affiliation Link following review of same. The Affiliate may not use any Affiliation Links to market, promote, or endorse the goods, services, and/or cause of any other individual or entity, or to otherwise benefit any third party, except the benefit of the User in accessing and using the Website. You acknowledge that, by participating in the Program and/or using any Affiliation Links, Prattis may receive information from or about visitors to Your blog, app or internet site to track Users.

 

Anti-Spamming Policy

Prattis prohibits You from engaging in any form of unsolicited commercial emailing (commonly referred to as “spamming”) or the sending of emails that are misleading, spoofed, contain misleading subject lines, and/or contain inaccurate or misleading sender or recipient data. Prattis, in its own discretion and not as its exclusive remedy, reserves the right to suspend, report, or terminate the Affiliate, or otherwise take remedial action if it is determined that the Affiliate was spamming or in violation of this provision or applicable law. Affiliates violating these provisions will forfeit any Affiliate Program rewards.

You further agree to fully and immediately respond to any and all requests or queries Prattis makes of You regarding Your compliance with this provision, and to report to Prattis any allegations of spamming or other violations of this provision made against You or others in connection with Prattis.

 

Term and Termination

This Agreement is effective as long as You participate in the Affiliate Program or until the Affiliate Program is discontinued by Prattis, whichever occurs first. The Affiliate Program or any aspect of it can be discontinued at any time, at Prattis’ sole discretion, upon notice posted on the Website. Upon posting of such notice, the Affiliate Program and this Agreement shall be thereby terminated as it relates to You.

 

Limitation of Liability

Notwithstanding anything stated or implied to the contrary, Prattis, its officers, managers and members, shall not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, goodwill or data) arising out of or related to this Agreement or the Program, even if Prattis has been advised of the possibility of such damages. Further, aggregate liability for actual damages (or any other damages not otherwise specified herein) arising out of or related to this Agreement and/or the Program will not exceed the total referral fees paid or payable to You under this Agreement in the preceding 12-month period from the earliest date that Your claim arose, which date in any event shall be no later than the date You notify Prattis of any claim.

 

Indemnity

You agree to indemnify, defend and hold Prattis, and its respective directors, officers, employees, shareholders, partners and agents harmless from and against any and all claims, liability, losses, costs and expenses (LLCluding lawyers’ fees) LLCurred by Prattis in connection with any breach by You of this Agreement. Prattis reserves the right, at Your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Prattis’ defense of such claim.

 

Miscellaneous Provisions

This Agreement is personal to You and is not assignable by You without Prattis’ prior written consent. All of the covenants, terms, provisions and agreements contained in this Agreement shall be binding upon, and inure to the benefit of Prattis and You, and, to the extent permitted by this Agreement, their respective heirs, legal representatives, successors and permitted assigns.

This Agreement is in addition to the Website Terms of Use, as any of the foregoing may be modified by Prattis from time to time, all of which together embody the parties’ entire agreement and supersedes and cancels any prior agreement, express or implied, written or oral, with respect to its subject matter; provided that in the event of any LLConsistency between this Agreement and any such Website Terms of Use, the terms of this Agreement shall govern.

The validity, interpretation and enforcement of this Agreement, matters arising out of or related to performance or breach of this Agreement, and related matters shall be governed by the internal laws of the State of Georgia (without reference to choice of law doctrine). Any legal action or proceeding concerning the validity, interpretation and enforcement of this Agreement, matters arising out of or related to performance or breach of this Agreement, and related matters, shall be brought exclusively in the State or Federal courts located in the State and County of Georgia. All parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect this Agreement.

 

Making Changes to the Agreement

Notwithstanding anything else in this or any other agreement, Prattis shall have the right, at its sole discretion, to make changes to the Affiliate Program, this Agreement and/or the Website Terms of Use at any time and for any reason. No modification, deletion, amendment or waiver of any provision is binding on Prattis unless in writing and signed by its authorized representative or posted by Prattis on the Website.

 

Acceptance of the Agreement

You acknowledge that You have read this Agreement, understand it, and have had an opportunity to seek independent legal advice prior to agreeing to it. By participating in the Affiliate Program, clicking “I Agree” or otherwise signifying acceptance, You accept and agree to be bound by this Agreement for Yourself, and agree to be bound by its provisions. If You are accepting on behalf of Your employer or other person or entity, You represent and warrant that You have full legal authority to bind Your employer or such other person or entity and to participate in the Affiliate Program on behalf of such employer or other person or entity. Additionally, You acknowledge and agree that You have reviewed the Website Terms of Use and any other agreements which may be Incorporated by reference herein and therein, and to the extent of their Incorporation in this Agreement, You (and as applicable, such other person or entity) agree to be bound by them.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

 

Contact Us

If you have any questions about these Terms, please contact us.