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PLEASE READ THIS REPRESENTATIVE PROGRAM AGREEMENT CAREFULLY. BY SUBMITTING THE ONLINE APPLICATION, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This is a contract between you (“Representative”) and RISE (the “Agreement”). As an authorized representative of RISE, you agree to abide by the terms and conditions contained in this Agreement. Your participation in the RISE Representative Program (the “Representative Program”) is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to RISE by your own website or personal referrals. By applying for the Representative Program, you indicate your acceptance of this Agreement and its terms and conditions. RISE reserves the unilateral right to periodically update these terms.
Representative will receive commissions for successful payments made by customers referred to RISE by Representative. Representatives will be paid according to the following monthly commission structure:
All commission payments will be sent via direct deposit by the fifth (5th business day) and more typically on the 1st business day of the calendar month following the month when Qualifying Purchases are made. Qualifying Purchases that result in chargebacks or refunds will not be paid to Representative.
Representatives will be eligible for a 40% discount on personal purchases of RISE merchandise in months in which Representative has paid the $12.99 subscription fee.
Affiliate hereby represents and warrants that Affiliate will be solely responsible for his/her website independent of the link provided by RISE, including its development, operation and maintenance and all data, content and materials that appear on or within it. RISE is not and shall never be liable for any claims, damages, losses, liabilities, fines, penalties, costs and expenses relating to (a) your website or any data, content or materials that appear on your website; (b) the use development, design, manufacture, production, advertising, promotion or marketing of your website; (c) your use of any content; and (d) your violation of any term or condition of this Agreement.
Representative’s participating website(s) may not:
Upon acceptance into the Program, links will be made available to you through the Representative interface. When linking to our website, you agree:
Promoting RISE through a sub-representative network is permitted, however you must be completely transparent with regards to where traffic from your sub-representatives originated. Representative must ensure that all sub-representatives adhere to RISE Representative Program terms and conditions. This includes restrictions on advertising through toolbars, browser extensions, and through any paid placements such as a pay-per-click campaign. Sub-representatives must also receive approval prior to allowing any type of coupon for sub-representative to promote RISE. Representatives will only receive commissions with respect to sub-representatives one level directly under Representative.
You must adhered to our Pay Per Click (“PPC”) guidelines as follows:
If your website promotes coupon codes, you must adhere to our Coupon Guidelines as follows or you will be subject to removal from the Representative Program:
You shall comply with all FTC guidance and regulations related to advertising disclosure requirements, which includes, but is not limited to, the following guidelines:
You are prohibited from using any of RISE’s trademarked terms as part of the domain or sub-domain for your website (e.g., www.risecoupons.com or www.riseapparel.website.com).
You shall not create, publish, distribute, or print any written or visual material that refers to the Representative Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Representative Program via e-mail campaigns, you must adhere to the following:
Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:
RISE reserves the right to terminate or revise the Representative Program at any time, including by providing a change notice, a revised agreement, or revised documentation of the Representative Program. Your representative application and status in the Program may be suspended or terminated for any of the following reasons:
This list is not exhaustive and RISE reserves the right to terminate any Representative account at any time for any reason.
RISE will not be liable for indirect or accidental damages (loss of revenue, commissions) due to representative tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s). We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by RISE. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
The term of this Agreement begins upon your acceptance in the Program and will end when your Representative account is terminated. The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Representative account. Your continuing participation in the Representative Program will constitute your acceptance of any change.
Representative shall indemnify and hold harmless RISE and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by RISE to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Representative.
You agree that we and our representatives, managers, officers, employees, agents, partners, and licensors will not be liable for indirect, incidental, special, consequential or exemplary damages (including, but not limited to, loss of revenue, profits, goodwill, use or data) arising in connection with this Agreement, the Representative Program, the documentation or our website even if we have been advised of the possibility of those damages. Further, to the fullest extent possible by law, our aggregate maximum liability arising out of or in connection with this Agreement, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed the total fees paid or payable to you under this Agreement in the twelve months immediately preceding the date on which the event giving rise to the most recent claim of liability occurred.
You agree to defend, indemnify, and hold harmless us and our affiliates, managers, officers, employees, agents, partners, and licensors from and against any claims, actions, or demands, including, without limitations, reasonable legal and accounting fees, alleging or resulting from any activity arising in connection with your use of our website or that constitutes your breach of this Agreement. We shall provide notice to you promptly of any such claim, suit, or proceeding.
You and RISE mutually agree to resolve any justiciable disputes between you and RISE, including disputes involving your participation as a Representative, exclusively through final and binding arbitration before a single arbitrator instead of filing a lawsuit in court.
If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail or hand delivery within the applicable statute of limitations period. Any demand for arbitration must be delivered to Alicia Atwater at 445 North 250 West, Payson, Utah 84651. If RISE wishes to initiate arbitration, a demand for arbitration shall be sent to the Representative’s last known address on file. Arbitration will take place in the city in which Representative resides.
You and RISE agree that by entering into this agreement to arbitrate, both parties waive their right to have any dispute or claim brought, heard, or arbitrated as a class or collective action and an arbitrator shall not have any authority to hear or arbitrate any class or collective action. Notwithstanding any other clause contained in this Agreement or JAMS Comprehensive Arbitration Rules (“JAMS Rules”), any claim that all or part of this Class/Collective Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The JAMS Rules may be found at https://www.jamsadr.com/rules-comprehensive-arbitration/.
This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without regard to conflict of law principles. To the extent that any lawsuit is permitted under this Agreement and is not adjudicated in arbitration, the parties hereby submit to the personal jurisdiction of, and agree that any legal proceeding with respect to or arising under this Agreement shall be brought solely in the state courts of Utah for the County of Utah or in the United States District Court for the State of Utah. Notwithstanding anything to the contrary in this Agreement, RISE may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of RISE’s or any other person or entity’s intellectual property or proprietary rights. You further acknowledge and agree that our intellectual property and proprietary rights are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages. In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
RISE may update the terms of this Agreement from time to time by publishing a new version on our website or by sending notice of any modifications to you by email to the email address associated with your representative account. By continuing to participate in the Representative Program following the posting of any change notice, you agree to be bound by this Agreement, as amended, by any such change notice and hereby represent and warrant that you will remain in compliance with this Agreement, as amended.
If any provision of this Agreement is deemed by a court or arbitrator of competent jurisdiction to be invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in that provision and that the other provisions remain in full force and effect.
Failure by either party to enforce any provision of the Agreement shall not be deemed a waiver of such right or provision.
This Agreement constitutes the entire agreement and understanding between you and RISE with respect to the subject matter herein and supersedes all prior written and oral agreements, discussions, or representations.
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Representative Program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by your checkmark at checkout. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.