This partnership agreement allows you to earn a commission by referring clients to Getida. 

The partnership program is managed through PartnerStack, so you will need to enroll with them in order to proceed in the program.

 

When we say “we”, “us” or “our” in this agreement, we mean the company registered in the United States known as Getida.

When we refer to ‘Getida’, it includes our product, the service we provide, and that includes any product or website created and maintained by us, whether that’s available through your web browser, a desktop or mobile application.

When we use the words “you” or “your” we’re talking about the entity or person who wants to be a partner, who agrees to be bound by this agreement to refer clients to Getida.

Partners usually advertise on their website. When we say “website” - we also mean any other medium where you advertise Getida, which includes, but is not limited to, email, blogs, podcasts, and social media.

When you sign up to this partnership program through PartnerStack, you are signifying that you accept and agree to be bound by the terms of this agreement.

We may update the terms of this agreement from time to time in our sole discretion.

 

The partnership program allows you to:

• Advertise and promote Getida in a manner approved by us;
• Direct visitors to Getida using a specific URL or landing page;
• Earn a commission in respect of any visitors from your links that become paid clients of Getida.

To join our Getida affiliate program you submit an application to us through PartnerStack.

We will review your application and notify you through PartnerStack if you have been accepted.

You must submit for approval the websites and social media handles that you wish to promote Getida on. If you operate more than one website or social handle, you will need to provide any you wish to use for approval.

 

We want to work with partners who run solid, ethical businesses, who have an audience that aligns with Getida. It is our choice if we accept you to the program and we may reject applications or cancel participation in the program if, in our sole discretion, we determine that your partnership is not a suitable option for promoting Getida.

Some examples of prohibited use of Getida’s brand include sites or other mediums that promote:

• hate-related, abusive, or discriminatory content;
• sexually explicit content;
• content that infringes someone else's intellectual property;
• content that violates or encourages others to violate any laws or regulations.

You hereby agree to not create or design your website, emails, or promotions in a manner which could mislead customers to believe you are Getida.

We may monitor, retain, use, and disclose information about your website and users that we obtain through your participation in the program. For example, that a particular visitor clicked through your website before subscribing to Getida.

 

When you receive approval from us, we grant you a limited, revocable, non-transferable, non-exclusive license during the term of this agreement to use our brand assets including trade names, trademarks, logos, design elements and graphics that have been specifically designated and provided by us for the use of marketing, advertising, and promotion of Getida.

Your use of our brand assets must be in accordance with the following:

• You shall comply with all guidelines provided by us with respect to the graphic reproduction, appearance, and “look and feel” related to the marketing and representation of Getida;
• Nothing in this agreement gives you any right, title or interest in any of our brand assets or any other trade names, trademarks, designs or intellectual property we own. We reserve all rights, title and interest in the brand assets and the goodwill associated with use of the brand assets;
• All rights not expressly granted in the agreement are reserved by us.

Your right to use our brand assets is limited to and arises only out of this license.

You shall not assert the invalidity, unenforceability, or contest the ownership by us of the brand assets in any action or proceeding, and will not take any action that may prejudice our right, title or interest in the brand assets, or otherwise weaken their validity or diminish their goodwill.

You agree not to use, register, or attempt to register any phrases, marks or logos, or domain names that could cause confusion with any of Getida's trademarks or brand assets. You may not use the term Getida in paid advertising whether it be within the ad or as a keyword.

You agree not  to  disparage Getida, our brand assets, or our personnel.    Promotions that include derogatory remarks about the products or services of a Getida competitor are also prohibited.

You may not use the brand assets for promotional goods, to appear on products, or use them in such a way, which in our reasonable judgment, could diminish or damage the goodwill in Getida.

 

Getida has the right to review your use of the brand assets and marketing materials and we may provide input about whether the materials or displays are compliant. If your marketing materials or visual displays are, in our sole opinion, inconsistent with our brand values or requirements, you must, upon written notice of the issue, change or withdraw such marketing material. If you do not make the changes that we deem necessary, we may terminate your participation in the program and seek specific performance for you to remove such content.

 

When we accept you into the program you will have access to the logos and graphics. At this point we are granting you a limited, revocable, non- transferable, non-exclusive license during the term of this agreement to post on your websites graphical/textual links to Getida and to direct visitors to Getida in accordance with the terms and conditions of this Agreement.

Your use of the Getida graphical and textual Links provided in connection with the program must comply with the following:

• The Link between your website and Getida must not contain any viruses, spyware, or other harmful programming;
• The Link must include the unique “tag” provided by us for the purposes of accurate tracking, reporting and commission payments; and
• It’s your responsibility to make sure each link from your website to Getida uses the correct Getida link format.

We can’t properly track and identify sales if you don’t use the link to our specification. We’re not liable to pay you in relation to sales that are received from untagged or improperly formatted links.

 

You shall publish and distribute advertisements in compliance with all laws and regulations. You are solely responsible for ensuring your compliance with all laws and regulations. We retain the sole and exclusive discretion to determine whether your advertising and conduct is in compliance with all laws.

Any links must clearly identify Getida as the destination website and may not misrepresent or alter our new customer offer in any way. Any violations may result in immediate termination from the program after written notice.

Your website must have bona fide content. You may offer visitors information and materials of tangible value, provided you accurately describe and actually deliver those offerings to the visitor.

If you engage in email marketing it must have the consent of the recipient and you must have records evidencing consent including, without limitation: (a) Recipient opt-in date; (b) Registration source; (c) First name; (d) Last name; (e) E-mail address.

You may not link directly or indirectly to a Getida sales page from any paid advertising.

You will not bid on or purchase keywords, search terms, or other identifiers, including the word Getida, or any other trademark or brand name of ours or any variations or misspellings of any of these words. You will enable negative keyword matching in order to avoid confusion. You will not use prohibited Keywords in any display URL content. 

You agree not to:

• Make or publish any statement, claim, representation or warranty about Getida that is inconsistent with or beyond the scope of Getida marketing materials available from PartnerStack or our website;
• Misrepresent Getida (including any guarantees regarding use of Getida);
• Misrepresent your relationship with us;
• Solicit visitors by pop-up advertisements; or
• Provide cash, points, gifts or any other reward in an attempt to entice visitors to complete an action on Getida.

We will only pay a commission for “Qualified Sales” that meet all of the following conditions:

• No self-referrals - it must not be a sale to you, your employees, your agents or any any subsidiary or company within the same group of companies;
• It must originate from a genuine click from your website that we have approved according to this agreement;
• The visitor to Getida must be received during the term of this Agreement;
• It must result in a new, paid client of Getida

A Qualified Sale is disqualified whenever it occurs in connection with a violation of this Agreement or any other terms, conditions and policies that we may issue from time to time.

You must not submit non-bona-fide leads.

Although PartnerStack may track and calculate the lead submissions in accordance with the Program, determination of whether the lead submission has resulted in a Qualified Sale shall be made by us in our sole discretion.

PartnerStack processes and distributes all commissions, less fees, in accordance with your PartnerStack Terms of Use. Getida may chargeback or offset from any amounts owed, any commissions in respect of a non-qualified sale, were procured fraudulently or as a result of any violation of this Agreement or law or were paid in error. Disputes regarding commissions or fees should be submitted in accordance with PartnerStack’s Terms of Use.

If fraud is detected, your account will be made inactive while it’s investigated. In addition, in the event that you have already received payment for fraudulent activities, we reserve the right to credit or remedy from future earnings or to demand reimbursement from you.

Other than the payment of the commission, you shall have no claims to any additional compensation, commissions or business derived by or through Qualified Sales.

 

You represent and warrant that:

You are duly organized, validly existing, and in good standing under the laws of the country of your origin;

You have all the power and authority to enter into this Agreement and to carry out and perform your obligations under the terms of this Agreement;

You have no prior or pending investigations or inquiries by any governmental agency or regulatory authority anywhere in the world which relate to any violation of consumer protection or advertising laws;

You have established and implemented commercially reasonable practices and procedures and will continue to perform spot checks or audits to ensure that full compliance with all laws and regulations;

You will promptly notify Getida, in writing, if you receive any complaints or notices from any governmental agencies referencing a violation of any laws and regulations and particularly, any complaint regarding the privacy or security of data;

You will perform a full investigation, within forty-eight (48) hours of receipt of a request, if either you or us receives an inquiry or complaint from a governmental agency relating directly to any data use, privacy concerns, or security issue;

You shall post and maintain on your websites involved in the program a privacy policy that clearly and adequately describes how consumer information is collected and used. Your privacy policy must fully and accurately disclose your use of third-party technology, use of cookies, and options for discontinuing use of such cookies. Your privacy policy and data protection mechanisms used in support of the policy must comply with all data privacy and protection regulations which apply within the countries where you conduct business.

 

We do not make any representation, warranty, or covenant regarding the aggregate amount of commission you can expect to earn from this program.

We make no warranties with respect to the program and its related materials, any offerings made through the program, or as to the continuation of offerings through the program. All offers and advertisements through this program should be considered limited time offers. The program destination site is provided on an “as is” basis. We makes no warranties, either express or implied, concerning the accuracy, security, performance or functionality of the destination site (including but not limited to any warranty that the destination site will be error or virus-free or that service will be uninterrupted) and we expressly disclaim all implied warranties, including warranties of merchantability and fitness for a particular use or purpose and non-infringement. The destination site is subject to change at any time at our sole discretion.

We shall in no event be liable for any indirect, incidental, punitive, exemplary damages or special damages, lost profits, lost opportunities, lost savings, lost data, or any other form of consequential damages, regardless of the form of action, even if we have been advised of the possibility of such damages or could have foreseen such damages, whether resulting from breach of obligations under this agreement or otherwise. 

 

You agree that by submitting your application the effective date of this Agreement will be the date on which you submit your application. The term of this Agreement shall be perpetual.

Termination can be served by either party notifying the other by email with seven days advance notice.

We may terminate this Agreement immediately, without penalty, in the event that:

• You are in breach of this Agreement;
• We believe that you may be subject to potential claims or liability related to your participation in program;
• We believe that our brand or reputation may be harmed by your participation in the program;
• You have engaged in any deceptive, fraudulent or illegal activity in connection with the program.
• If your agreement is terminated for any of these reasons, we will be released from obligations and liabilities owed to you.

Upon termination of this Agreement:

• All rights and licensees granted to you shall immediately terminate, you will promptly cease all uses of any trade names, trademarks, service marks, logos, brand assets and other designations of Getida;
• Qualified Sales obtained through your efforts shall not constitute a continuation or renewal of this Agreement;
• You shall be entitled only to unpaid and undisputed commissions, earned by you prior to the date of termination.

Termination of this Agreement will not relieve you from any liability arising from any breach of this Agreement. Notwithstanding the foregoing, the rights and obligations of the parties that by their nature should survive the Agreement including but not limited to the sections related to payment, warranties, remedies, indemnification, and confidentiality, will survive this Agreement

 

To the maximum extent permitted by law, we will have no liability for any matter directly or indirectly relating to the creation, maintenance, or operation of your websites (including your use of any PartnerStack service) or violation of this agreement.

You shall defend, indemnify, and hold us (and our directors, officers, employees, representatives, parents, affiliates and subsidiaries) harmless from and against any and all claims, liabilities, losses, damages, and costs, including reasonable solicitors fees, resulting from, arising out of, or in any way connected with your:

• Violation of this Agreement or any program policies;
• Breach or failure to perform under your PartnerStack agreement; and
• Violation of any applicable law or regulation or rights of a third party.

You acknowledges that, during the term of this Agreement, you may receive non-public information relating to our customers, business, operations or underlying technology of Getida (“Confidential Information.”)

You shall not use this Confidential Information for purposes other than necessary for your performance under this Agreement and shall ensure that any person or entity who has access to Confidential Information will be made aware of and will comply with the obligations in this provision. You shall not disclose Confidential Information to third parties without our prior written consent and you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. If you are required under applicable law or regulation, or pursuant to a court order to disclose Confidential Information, you shall give us prior written notice explaining the nature and extent of the disclosure, and use your best efforts to limit the disclosure to only that information which is required to be disclosed. Your obligation to not disclose or use Confidential Information shall survive the termination of this Agreement.

Notwithstanding any other provision of this Agreement, we shall be the sole owner of all names, addresses, transaction data and other non-public personal information gathered through Getida and through the links to Getida.

Once a visitor clicks on the link to Getida, you shall not employ any cookies, spyware, or tracking method to monitor, track or record information regarding the visitor's usage of Getida or our websites.

All information or data contained in or transferred via the Link between your website and Getida shall be deemed confidential information belonging to Getida. All visitors that use Getida shall be subject to the terms and conditions and privacy policy posted on our website.

Your website shall employ its best efforts to safeguard and protect visitor information from loss, misuse and unauthorized disclosure.

 

You may not assign, transfer, sub-contract, or in any other manner transfer the benefit and/or burden of this agreement to any third party without our prior written consent.

 

In the event that any of these terms are found to be invalid, that term is to be deemed severed, but does not affect the validity and enforceability of the remaining terms.

 

No delay or failure by us in exercising any right shall constitute a waiver of that or any other right.

 

Our rights and remedies are not mutually exclusive; that is, the exercise of one or more of the provisions in this agreement shall not preclude the exercise of any other provision. You agree that damages may be inadequate for a breach of this Agreement and, in the event of a breach, the rights and obligations in the agreement shall be enforceable by specific performance, injunction, or other equitable remedy.

 

These terms are governed by the laws of the United States. The state courts of the New Jersey  in the United States have exclusive jurisdiction for the settlement of any dispute and you hereby agree to submit to the personal jurisdiction of such courts for any such dispute.

 

If you have any questions about our partnership agreement please reach out to lisa@Getida.com or becca@Getida.com.