Affiliate - Terms of Service | The Mobile Sophisticate

Affiliate – Terms of Service

These Terms of Service are entered into by and between you and The Mobile Sophisticate, LLC , a Virginia Limited Liability Corporation, and govern the terms of The Mobile Sophisticate affiliate program (the “Affiliate Program”). BY SUBMITTING AN APPLICATION TO PARTICIPATE IN THE AFFILIATE PROGRAM, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. Your participation in the Affiliate Program is conditioned on your acceptance of these Terms of Service and all terms, conditions, and notices contained herein. Please read the Terms of Service carefully. If you do not want to agree to these Terms of Service, you must not participate in the Affiliate Program.

1. Eligibility for the Affiliate Program

To participate in the Affiliate Program, you must submit an application through The Mobile Sophisticate Affiliate Signup, available at https://www.TheMobileSophisticate.com/affiliate. The Mobile Sophisticate creative 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 in order to participate in the Affiliate Program.

2. Referrals

You will receive commission for Qualified Referrals to The Mobile Sophisticate. The percentage or amount of commission may change at any time and without notice.

“Qualified Referrals” mean customers referred by you to The Mobile Sophisticate who: (1) click on your unique tracking link; (2) within ninety (90) days of clicking on your unique tracking link, successfully purchase the corresponding product.

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 customer 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 after a one time use. The Mobile Sophisticate, in its sole discretion, will determine the classification of any referral as a “Self-Referral.”

Referrals made to The Mobile Sophisticate current customers will be considered “Current Customer Referrals” and referral commission and any earnings associated with Current Customer Referrals will begin accruing after the referral was made. You will not receive referral commission for a Current Customer Referral for any payments the customer made to The Mobile Sophisticate before the referral. The Mobile Sophisticate, in its sole discretion, will determine the classification of any referral as a “Current Customer Referral.”

3. Commissions

Commissions earned on referrals become payable 30 days after the referred customer becomes a Qualified Referral. Your total commission amount must equal or exceed twenty US Dollars ($20) before receiving a payment from The Mobile Sophisticate. If your total commissions for a given month are less than $20, payment will be held until the total commissions equal or exceed $20.

If at any time a Qualified Referral files a credit card dispute, any earned Affiliate commission on the disputed charge shall become frozen in the your account until the dispute is settled. You will not receive any interest on commissions that have been frozen. If the dispute is settled in The Mobile Sophisticate’s favor, any associated earned Affiliate commission will become payable to you. If the dispute is settled in the Qualified Referral’s favor, any associated earned Affiliate commission shall not be paid to you. If commissions have already been paid out to you, the amount of earned commissions on the disputed charges shall be debited to your account.

Commission payments will be paid in US Dollars and may be made via check or electronic payment (such as Paypal). 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. Commissions are paid out on the first Friday of each month.

In order to receive payments for earned commissions, you must provide The Mobile Sophisticate a completed Form W-8 or Form W-9, as instructed by The Mobile Sophisticate. You will be deemed to have permanently waived all rights to Commissions that were earned more than 120 days before submitting a completed Form W-8 or Form W-9. You are responsible for any and all tax liabilities, including, without limitation, income tax liabilities, that arise from or in any way relate to any commissions paid out to you by The Mobile Sophisticate.

The Mobile Sophisticate 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, The Mobile Sophisticate reserves the right to terminate, deactivate, or not approve your account.

4. Marketing

You shall bear your own costs and expenses related to marketing and promoting The Mobile Sophisticate and/or the Affiliate Program. The Mobile Sophisticate is not obligated to reimburse or credit you for any marketing expenses. If The Mobile Sophisticate does reimburse you for any marketing expenses, such reimbursement shall not create a duty or obligation to reimburse any future 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, The Mobile Sophisticate, its employees, its customers, its Services, or its Affiliates.
Affiliates shall not create websites or advertisements that copy, imitate, or resemble the look and feel of The Mobile Sophisticate’s Services. Affiliates shall not copy The Mobile Sophisticate’s website or any portions thereof, including, without limitation, any of The Mobile Sophisticate’s trademarks or other intellectual property, and display them on their own site or subdomain or use them in any way without The Mobile Sophisticate’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 The Mobile Sophisticate.
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 The Mobile Sophisticate’s program. Any modification to the links is the sole responsibility of the Affiliate. Referral fees may be withheld, as determined in The Mobile Sophisticate’s sole discretion, for tracking errors caused by editing, masking, redirecting or tampering with affiliate links.
Affiliates shall not bid on or use The Mobile Sophisticate’s trademarks or misspelled keywords for the purpose of pay-per-click on internet search engines without prior written consent from The Mobile Sophisticate.
Affiliates shall not use The Mobile Sophisticate’s trademarks or misspelled keywords in their domain names.
Affiliates shall not use redirected pages and links to send a potential customer to The Mobile Sophisticate’s website.
Affiliates shall not engage in domain forwarding (i.e. purchasing a domain and setting it to forward directly to The Mobile Sophisticate’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 The Mobile Sophisticate, 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 Mobile Sophisticate’s Services.
Affiliates shall make clear that they, not The Mobile Sophisticate, are the sender of all marketing communications related to the promotion of The Mobile Sophisticate’s Services.
Affiliates shall not engage in any marketing or promotional activities that violate applicable laws, rules, or regulations.
Affiliates shall not use malware or spyware to market or promote The Mobile Sophisticate’s Services.

5. Termination

We may, in its sole discretion, terminate your participation in the Affiliate Program at any time, with or without cause, and without warning or notice. Without limiting the foregoing, The Mobile Sophisticate reserves the right to terminate your account if it has been inactive for 12 consecutive months. The Mobile Sophisticate reserves the right to terminate your participation in the Affiliate Program and not pay the accrued balance if you have been deemed to breach The Mobile Sophisticate’s Terms of Use or these Terms of Service or engage in any conduct that The Mobile Sophisticate deems to be illegal, improper, unfair, or otherwise adverse or detrimental to The Mobile Sophisticate.

In The Mobile Sophisticate’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, The Mobile Sophisticate’s systems will retain Your account and personal information. By terminating your participation in the Affiliate Program, you waive your right to be paid any unpaid commissions below the minimum threshold and you assign (by way of future assignment) all of your rights and ownership of any commissions which we are holding to your account. You will not receive any commissions which are earned after the date of termination.

Upon termination, all rights granted to you shall immediately terminate.

6. Relationship between you and The Mobile Sophisticate

Neither these Terms of Service nor your participation in the Affiliate Program creates any employment, independent contractor, agency, partnership, or joint venture relationship between you and The Mobile Sophisticate.

7. Non-Disparagement

Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here. The Mobile Sophisticate reserves the right ot change or update these terms at any time without prior notice. The user of this site agrees to the terems of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.

During the term of these Terms of Service and for one (1) year after it has expired or been terminated, You agree that You will not disparage The Mobile Sophisticate, its officers, directors, or employees or otherwise take any action that could reasonably be expected to adversely affect The Nobile Sophisticate’s reputation. Under these Terms of Service, “disparage” includes, but is not limited to, any negative statement, whether written or oral, about The MObile Sophisticate, its officers, directors, or employees. You agree and acknowledge that this provision is a material term of the Terms of Service, the absence of which would have resulted in The Mobile Sophisticate refusing to enter into this agreement.

8. Release and Authorization to Use Photographs

You grant The Mobile Sophisticate permission to use any and all photographs taken by The Mobile Sophisticate or its agents or employees, or submitted by You to The Mobile Sophisticate (hereinafter “Photographs”) in any media (including, but not limited to, print, internet, film, television and no matter how distributed or published) for any purpose, including, but not limited to, advertising, promoting, and marketing of The Mobile Sophisticate or any product or service sold and marketed by The Mobile Sophisticate. You agree that this authorization to use Photographs may be assigned by The Mobile Sophisticate to any other party, may be combined with other Photographs, sounds, text and graphics, and may be manipulated, cropped, altered or modified in The Mobile Sophisticate’s sole discretion. You agree not to make any monetary assessment against The Mobile Sophisticate in exchange for the release under this section. You hereby release and forever discharge The Mobile Sophisticate from any and all liability and from any damages. You further acknowledge and agree that this release is binding upon Your heirs and assigns and that the release is irrevocable.

9. 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, THE MOBILE SOPHISTICATE, 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, THE MOBILE SOPHISTICATE 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, THE MOBILE SOPHISTICATE 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, THE MOBILE SOPHISTICATE’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.

10. Indeminification

You agree to indemnify, defend, and hold harmless The Mobile Sophisticate, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Sites from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service by you or arising from or related to your use or misuse of the Affiliate Program.

11. Third Party Rights

The sections titled Limitation of Liability and Indemnification are solely for the benefit of The Mobile Sophisticate and its present and future officers, directors, employees, agents, licensors, suppliers, and any third-party providers to the Sites. 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 Terms of Service 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 Terms of Service without The Mobile Sophisticate’s prior written consent.

12. Unlawful Activity; Termination of Access

The Mobile Sophisticate reserves the right to investigate complaints or reported violations of these Terms of Service 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. The Mobile Sophisticate 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 THE MOBILE SOPHISTICATE 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.

13. Remedies for Violations

The Mobile Sophisticate reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service.

14. Governing Law and Jurisdiction; Disputes and Arbitration

These Terms of Service are governed by and construed in accordance with the internal law of the State of Virginia without regard to its principles of conflicts of laws. Any action arising out of or relating to these Terms of Service shall be filed only in the state or federal courts located in the County of Henrico in the State of Virginia, 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 The Mobile Sophisticate Terms of Use and these Terms of Service, the Terms of Service govern.

Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to these Terms of Service, any of The Mobile Sophisticate’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 Henrico County, Virginia, unless you and The Mobile Sophisticate 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 The Mobile Sophisticate 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 THE MOBILE SOPHISTICATE 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 THE MOBILE SOPHISTICATE 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 TERMS OF SERVICE 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.

15. Entire Agreement; Severability of Provisions; No Waiver

These Terms of Service constitute the entire agreement with respect to participation in the Affiliate Program. If any provision of these Terms of Service 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.

16. Changes to the Terms of Service

The Mobile Sophisticate may review and update these Terms of Service 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 Terms of Service means that you accept and agree to the changes which are binding on you, so please check this webpage periodically for updates.

17. Contact Us

If you have questions or concerns regarding these Terms of Service or the Affiliate Program, you may contact us at:

The Mobile Sophisticate, LLC
1910 Byrd Avenue
Suite 214
Richmond, VA 23230
Email: Info@TheMobileSophisticate.com