Affiliate Program Terms Of Service

Affiliate Program Terms Of Service

This Agreement was last modified on October 17, 2018.

Thank you for considering the Tactical Payments Affiliate Program. Our affiliates are very important to us. This agreement is designed with you in mind, as well as protecting you, Tactical Payments and our customers. Please read thoroughly. If you have any questions, please contact us (https://www.tacticalpay.com/contact-us/).

Affiliate Agreement

This agreement describes the terms and conditions for participating in the Tactical Payments affiliate program. In this agreement, the term “Affiliate” refers to you (the applicant). In this agreement, “Tactical Payments” refers to Soar Payments, LLC dba Tactical Payments, a Texas Limited Liability Company, with whom you are entering this agreement. By applying to the Tactical Payments Affiliate Program you are confirming that you have read the agreement and agree to the terms and conditions.

Commissions

For a customer to generate a commission for an Affiliate, a legitimate prospective customer must satisfactorily complete the merchant account application form on SoarPay.com (and for revenue share agreements, must be approved and generate net revenue offset against all applicable costs or holdbacks, actually received, by Tactical Payments). In the event an applicant is determined, in the sole and exclusive discretion of Tactical Payments, to be suspected fraudulent, incomplete, or otherwise illegitimate, the Affiliate will not be paid for those commissions. Commissions will only be paid on applications that are made when the customer clicks through qualified, correctly structured Affiliate links and credited by the Affiliate tracking software used by Tactical Payments. Properly coded links are the sole responsibility of the affiliate. Commissions can be viewed on the Affiliate Dashboard.

The Affiliate will receive a commission for each new application.

Payment

An Affiliate can request a payment when their balance reaches a minimum balance of $250 USD. Payments can be requested every 30 days. Payment processing can take up to 30 days from the request date.

Refunds

If, an application is determined fraudulent, incomplete or otherwise legitimate by Tactical Payments, and such a determination is made after the Affiliate has earned commissions, any commissions earned will be deducted from the Affiliate’s balance.

Usage and Obligations

Affiliates are permitted to use the Tactical Payments brand and marketing resources available in the Creatives section of the Affiliate Dashboard. Logos and other assets cannot be modified. The Affiliate does not gain any trademark, copyright or any other rights to these materials.

The Affiliate will never imply that they are acting on behalf of Tactical Payments and will never advertise Tactical Products products directly. The Affiliate will never bid for advertisements that compete with Tactical Payments.

The Affiliate will never represent themselves, Tactical Payments or their relationship with Tactical Payments in a false or misleading way.

The Affiliate will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing Tactical Payments, its partners, or parent.

Term and Termination

Either party has the right to terminate the agreement immediately without prior notice.

If the Affiliate terminates the agreement, no further commissions from Tactical Payments will be paid for any past or future customer transactions.

If Tactical Payments chooses to terminate the agreement, any balance greater than $25 USD (after offset by any potentially fraudulent or illegitimate leads or costs incurred by Tactical Payments related thereto) will be paid to the affiliate via the on-file payment information within 60 days of termination. Balances that are smaller than $25 will be forfeited.

Modification

We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available commissions, commission schedules, payment procedures and Affiliate Program rules.

Warranty Disclaimer

THE AFFILIATE PROGRAM, IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING THE PROGRAM INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND / OR USE OF FULES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE PROGRAM. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

MOREOVER, YOU ACKNOWLEDGE THAT WE HAVE PROVIDED NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY EQUIPMENT, WEBSITE, SOFTWARE OR SERVICES THAT THE COMPANY MARKETS AND THAT THE COMPANY HAS NO LIABILITY WITH RESPECT TO ANY EQUIPMENT, WEBSITE, SOFTWARE OR SERVICES. IF THERE ARE ERRORS, OMISSIONS, INTERRUPTIONS OR DELAYS RESULTING FROM OUR PERFORMANCE OR ANY FAILURE TO PERFORM, OUR LIABILITY SHALL BE LIMITED TO CORRECTING SUCH ERRORS, IF COMMERCIALLY REASONABLE.

Limitations of Damages; Release

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE OR DATA OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR THE INABILITY TO USE THE SERVICE; (C) THE SERVICE GEENRALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with a third-party that you referred to us, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code subsection 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Termination

We may terminate or suspend access to our Affiliate program immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Modification of Terms of Use

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use. However, we will notify you of material changes to the Terms of Use by posting a notice on our homepage and / or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact information current.

Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.

Governing Law

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Texas and Harris County Texas, without regard to conflict of law provisions.

General Terms

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

The Company may assign or delegate these Terms of Service and / or the Company’s Privacy Policy (https://www.tacticalpay.com/terms/), in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without the Company’s prior written consent, any any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERCEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Contact Us

If you have any questions about this Agreement, please feel free to Contact Us (https://www.tacticalpay.com/contact-us/).