Affiliate Terms and Conditions
Eligibility for the Affiliate Program
To participate in the Affiliate Program, you visit https://womply.com/affiliate to register. Womply reserves the right, in its sole discretion, to accept or reject any application for membership in the Affiliate Program for any reason. Affiliates must be at least 18 years old, be a U.S. resident, and have a valid email address in order to participate in the Affiliate Program.
Subject to all terms and conditions herein, you will receive a commission for each new PPP referral that satisfies each of the following conditions (each a “Qualified Referral”):
- Your PPP referral applies for a PPP First Draw loan through PPP Fast Lane;
- Your PPP referral’s First Draw loan application is approved by the Small Business Administration for at least $1,000 before 5/1/2021;
- Your PPP referral’s First Draw loan is funded by the Womply Lender.
- Your PPP referral’s First Draw loan is not returned.
The commission for each Qualified Referral can be found here.
Womply evaluates Qualified Referrals by analyzing factors such as the applicant’s email addresses, EIN, and/or social security numbers. Affiliates who share the same personal/company details, including but not limited to, last name, email address, IP address, website details, or commission payment details, as their referred applicant will be deemed to have made a “Self-Referral.” Referral commission and any earnings associated with this type of “Self-Referral” will not be paid. Womply, in its sole discretion, will determine the classification of any referral as a “Self-Referral.”
Referrals made to existing PPP applicants will be considered “Current Applicant Referrals”. You will not receive referral commission for a Current Customer Referral. Womply, in its sole discretion, will determine the classification of any referral as a “Current Customer Referral.”
Commissions earned on Qualified Referrals become payable 30 days after they qualify, via Tango Cards. You are responsible for paying all applicable fees associated with accepting payments, including but not limited to, currency conversion fees, transaction fees, withdrawal fees, deposit fees, and check cashing fees.
Once you accrue $600 in commissions, a W-9 form must be completed before additional commissions can be earned/paid. If you have not completed a W-9, your account will automatically be deactivated once you’ve earned $600 in commissions. While your account is deactivated, you will not receive credit for any Qualified Referrals made, nor will you be retroactively paid for any Qualified Referrals made during the period your account is deactivated. Once your W-9 is on file, your account will be fully reinstated.
Womply reserves the right to request documentation in order to approve your account. These requests may be made during the Affiliate Program application process or at any time while you have an active account in the Affiliate Program. If requests for documentation are not responded to in a timely manner, Womply reserves the right to terminate, deactivate, or not approve your account.
You shall bear your own costs and expenses related to marketing and promoting the Affiliate Program. Womply is not obligated to reimburse or credit you for any marketing expenses.
You may not engage in any of the following marketing activities and represent and warrant that your marketing practices do not violate any of these restrictions:
- Affiliates shall not make any false, misleading, or disparaging statements with respect to the Affiliate Program, Womply, its employees, its customers, its Services (as defined in Womply’s Terms of Service), or its other affiliates.
- Affiliates shall not create websites or advertisements that copy, imitate, or resemble the look and feel of Womply’s Services or the Womply PPP Program. Affiliates shall not copy Womply’s website or any portions thereof, including, without limitation, any of Womply’s trademarks or other intellectual property, and display them on their own site or subdomain or use them in any way without Womply’s prior express written consent.
- Affiliates shall not offer cash back, coupons, rewards or other incentives as part of their marketing efforts for the Affiliate Program.
- Affiliates shall not use traffic that is generated by, including, but not limited to, pay to click, pay to read, banner exchanges, click exchanges, cost-per-view advertising, pop-up/under, spam, purchased traffic, or similar methods without prior written consent from Womply.
- Affiliates shall not use cookie stuffing techniques that set the tracking cookie without the potential customer actually clicking on the Affiliate’s referral link.
- Affiliates are responsible for ensuring their tracking codes are working properly before sending traffic to Womply’s servers. Any modification to the links is the sole responsibility of the Affiliate. Referral fees may be withheld, as determined in Womply’s sole discretion, for tracking errors caused by editing, masking, redirecting or tampering with affiliate links.
- Affiliates shall not bid on or use Womply’s trademarks or misspelled keywords for the purpose of pay-per-click on internet search engines without prior written consent from Womply.
- Affiliates shall not use Womply’s trademarks or misspelled keywords in their domain names.
- Affiliates shall not use redirected pages and links to send a potential customer to Womply’s website.
- Affiliates shall not engage in domain forwarding (i.e. purchasing a domain and setting it to forward directly to Womply’s website using an affiliate link).
- Affiliates shall not engage in the advertisement of business-opportunity websites or use marketing practices that attract fraudulent or short-term customers.
- Affiliates shall not engage in any marketing activity that may harm the reputation or credibility of Womply, including using low-quality marketing materials, or advertising on any website that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal activities, or violates the intellectual property or other rights of a third party.
- Affiliates shall not send any email in violation of the federal CAN-SPAM statute, 15 U.S.C. 1571, et seq.
- Affiliates must include a physical mailing address and unsubscribe information for any marketing email sent promoting the Womply PPP Program.
- Affiliates shall make clear that they, not Womply, are the sender of all marketing communications related to the promotion of the Womply PPP Program.
- Affiliates shall not engage in any marketing or promotional activities that violate applicable laws, rules, or regulations.
- Affiliates shall not market using facsimile, broadcast, telemarketing, text message marketing, or other offline marketing methods regarding Womply or the Womply PPP Program without the express written consent of Womply.
- Affiliates shall not use malware or spyware to market or promote the Womply PPP Program.
Womply may, in its sole discretion, terminate your participation in the Affiliate Program at any time, with or without cause, and without warning or notice. Womply reserves the right to terminate your participation in the Affiliate Program and not pay the accrued balance if you have been deemed to breach Womply’s Terms of Service or these Affiliate Terms and Conditions or engage in any conduct that Womply deems to be illegal, improper, unfair, or otherwise adverse or detrimental to Womply.
In Womply’s sole discretion, affiliate accounts generating a large number of fraudulent accounts or that are associated with any false or misleading advertising or suspected fraudulent activity will be deactivated.
You may terminate your participation in the Affiliate Program at any time. You may discontinue your participation in the Affiliate Program by removing your affiliate links from your website and no longer promoting them. For accounting purposes, Womply’s systems will retain your account and personal information. You will not receive any commissions which are earned after the date of termination.
Upon termination, all rights granted to you shall immediately terminate.
Relationship between you and Womply
Neither these Affiliate Terms and Conditions nor your participation in the Affiliate Program creates any employment, independent contractor, agency, partnership, or joint venture relationship between you and Womply.
During the term of these Affiliate Terms and Conditions and for one (1) year after it has expired or been terminated, You agree that You will not disparage Womply, its officers, directors, or employees or otherwise take any action that could reasonably be expected to adversely affect Womply’s reputation. Under these Affiliate Terms and Conditions, “disparage” includes, but is not limited to, any negative statement, whether written or oral, about Womply, its officers, directors, or employees. You agree and acknowledge that this provision is a material term of the Affiliate Terms and Conditions, the absence of which would have resulted in Womply refusing to enter into this agreement.
Assumption of Risk
You are solely responsible for ensuring that your participation in the Affiliate Program complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to participation in the Affiliate Program.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, WOMPLY, ITS PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SITES, SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, WOMPLY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, WOMPLY SHALL NOT BE LIABLE TO ANY PARTY FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, WOMPLY’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL NOT EXCEED THE AMOUNT OF COMMISSIONS YOU EARNED OVER THE TWELVE (12) MONTHS PRECEDING THE CLAIM(S), UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless Womply, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Services from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Affiliate Terms and Conditions by you or arising from or related to your use or misuse of the Affiliate Program.
Third Party Rights
The sections titled Limitation of Liability and Indemnification are solely for the benefit of Womply and its present and future officers, directors, employees, agents, licensors, suppliers, and any third-party providers to the Services. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf. Except as set forth herein, nothing express or implied in these Affiliate Terms and Conditions is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity. You may not assign your rights under these Affiliate Terms and Conditions without Womply’s prior written consent.
Unlawful Activity; Termination of Access
Womply reserves the right to investigate complaints or reported violations of these Affiliate Terms and Conditions and to take any action it deems appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities. Womply may discontinue your participation in the Affiliate Program at any time for any reason or no reason.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone participating in the Affiliate Program. YOU WAIVE AND HOLD HARMLESS WOMPLY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Remedies for Violations
Womply reserves the right to seek all remedies available at law and in equity for violations of these Affiliate Terms and Conditions.
Governing Law and Jurisdiction; Disputes and Arbitration
These Affiliate Terms and Conditions are governed by and construed in accordance with the internal law of the State of California without regard to its principles of conflicts of laws. Any action arising out of or relating to these Affiliate Terms and Conditions shall be filed only in the state or federal courts located in the County of San Francisco in the State of California, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action. Where a conflict exists between Womply’s Terms of Service and these Affiliate Terms and Conditions, the Affiliate Terms and Conditions govern.
Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to these Affiliate Terms and Conditions, any of Womply’s policies, or the Affiliate Program, in each case, whether in contract, tort, common or statutory law, equity or otherwise (collectively, a “Dispute”) shall be resolved by binding confidential arbitration by JAMS pursuant to its Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in San Francisco, California, unless you and Womply agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Womply from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, dilution, or violation of our data security, intellectual property rights, or other proprietary rights.
YOU AND WOMPLY EACH AGREE TO WAIVE ITS RIGHT TO TRIAL BY JURY AND THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF WOMPLY AND ALL PARTIES TO ANY SUCH PROCEEDING.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE AFFILIATE TERMS AND CONDITIONS OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Entire Agreement; Severability of Provisions; No Waiver
These Affiliate Terms and Conditions constitute the entire agreement with respect to participation in the Affiliate Program. If any provision of these Affiliate Terms and Conditions is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
Changes to the Affiliate Terms and Conditions
Womply may review and update these Affiliate Terms and Conditions at any time in our sole discretion and it is your responsibility to keep abreast of those changes. All changes are effective immediately when posted. Your continued participation in the Affiliate Program following the posting of revised Affiliate Terms and Conditions means that you accept and agree to the changes which are binding on you, so please check this webpage periodically for updates.
If you have questions or concerns regarding these Affiliate Terms and Conditions or the Affiliate Program, you may contact us at firstname.lastname@example.org.