Pitch59 Affiliate Terms and Conditions

Updated 8/13/2024

Hi, and welcome! At Pitch59, we've created a great Affiliate Program and are thrilled you are interested in joining us. We love building strong relationships with our affiliates and look forward to supporting you in this endeavor.

This Agreement explains our affiliation requirements. We apologize if it feels rather formal, but legal verbiage tends to be that way and we feel it's important to be clear upfront. With that, let's dive into it!

Legally Binding

By creating an affiliate account, accessing, using or participating in our Affiliate Program or elements of it, you, the Affiliate, are entering into this Agreement with Pitch59 Incorporated and agree to comply with and be legally bound by these terms and conditions. If you do not agree to these terms and conditions, you must not create an affiliate account or access, use, or participate in our Affiliate Program or elements of it.

Except in the case of supersession by Written Agreement, this document shall constitute the entire Agreement between you and Pitch59 regarding your participation in the Affiliate Program.

Definitions

Pitch59 Incorporated/Pitch59/WE/We/we/OUR/Our/our/US/us/ourselves:

Pitch59 Incorporated, a Delaware corporation.

Affiliate/YOU/You/you/YOUR/Your/your/YOURSELF/yourself:

You, the individual or entity participating in the Affiliate Program.

Affiliate PitchCard:Each affiliate is required to create and maintain an active Affiliate PitchCard. This Affiliate PitchCard contains both a smartlink and a QR code each embedded with the affiliate's promo code.

Affiliate Program:The marketing program whereby Affiliates promote Pitch59 and its services in exchange for compensation. When you create an affiliate account with us, you are registering to be in Pitch59's Affiliate Program.

affiliate accountAn account created on the Pitch59 platform (whether website, mobile app, or other) that allows an affiliate to track and manage their referral work.

affiliate; affiliatesThe use of the words "affiliate", or "affiliates" as used in the plural, applies generically to any and all affiliates of Pitch59 or to general affiliation with Pitch59. This term is applicable, but not specific, to you.

Agreement:This Agreement - the Pitch59 Affiliate Terms and Conditions - with which you must agree to in order to become an Affiliate and join our Affiliate Program.

Parties:The individuals or entities participating in this Agreement as either the Affiliate or Pitch59, referred to individually as a "Party" and collectively as the "Parties.

PitchCard:The SaaS subscription offered by Pitch59 which affiliates can promote for compensation.

Qualified Transactions:The successfully-processed, non-refunded, PitchCard subscription charges generated by your, or any of your Referred Affiliates', promo codes while you are participating as an active affiliate in the Affiliate Program.

Referred Affiliates:Pitch59 customers generated by your promo code who also become affiliates.

user account:A unique, identifying digital account created on the Pitch59 platform for the purpose of accessing, managing, and utilizing certain platform functionalities such as creating PitchCard subscriptions or affiliate accounts.

Written Agreement:Any Agreement, modification, or consent related to this contract must be in writing, signed by duly authorized representatives of both Parties, and expressly stating that it modifies or consents to a deviation from the terms of this Agreement.

Participation

To participate in our Affiliate Program:

1. Create a user account at pitch59.com or in the Pitch59 app.
2. Download the Pitch59 App (iOS, Android)
3. Create an affiliate account in the Pitch59 Affiliate Hub, either online through the Pitch59 mobile app.
4. Create and complete your Affiliate PitchCard.
   1. This means YOU MUST PURCHASE AND MAINTAIN AN ACTIVE PITCHCARD SUBSCRIPTION.
5. Keep your affiliate account in Good Standing.

Good Standing

In any given month, you will be able to participate in our Affiliate Program and earn commissions on Qualified Transactions if your affiliate account is found to be in Good Standing on the last day of the month.

Good Standing shall be defined as your meeting the following criteria:

1. Adhering in good faith to the terms and conditions of this Pitch59 Affiliate Terms and Conditions.
2. Adhering in good faith to the terms and conditions of the Pitch59 Terms of ServiceAdhering in good faith to the terms and conditions of the Pitch59 Privacy Policy.
3. Your Affiliate PitchCard is Active. This means you are:
   1. Not more than 30 days late on your subscription payment
   2. Keeping all required PitchCard data fields, images, and videos correctly updated
   3. Adhering to Pitch59's PitchCard Content Policy
4. Keeping your affiliate information up-to-date.
5. Your Affiliate PitchCard, user account, and affiliate account are free of negative flags.
6. Your participation in the Affiliate Program has not been terminated by you or us.

Promo Code & Customer Offer

In the Affiliate Hub, you will be able to create a unique promo code to share with new referrals. When customers enter your promo code during subscription, the customer offer below is triggered. Upon successful subscription, your code is considered to have generated the referral.

CUSTOMER OFFER: 30 day free trial on monthly and annual PitchCard subscriptions

When you create an affiliate account, your promo code will be activated and you will receive both a QR code and a smartlink, each with your promo code embedded, to share with others, along with additional tools and resources that will simplify the sign-up process for your referrals.

You will be able to track the number of times your promo code is used, your total monthly commissions, your payments, your assets, and more by logging into your account at pitch59.com or by tapping on the Affiliate button on the Home Screen of the Pitch59 app.

Your promo code offers customers the discounts shown above. During promotions when deeper discounts are offered to the general public, your promo code will automatically reflect the lowest price.

Commissions & Payments

In any given month, you will earn commissions on Qualified Transactions if your affiliate account is found to be in Good Standing on the last day of the month.

Your commission payments will be made through Paypal or Venmo the month following our processing of your Qualified Transactions.

Payments will be made monthly, provided the commissions due exceed A MINIMUM THRESHOLD OF $10. If commissions do not exceed this threshold, they will be accumulated and paid out once this threshold is reached.

Chargebacks

Where commissions have been paid on transactions that are subsequently refunded, chargebacks to reverse the paid commissions will be issued in an upcoming payment.

Commissions Table

Unless otherwise affirmed by Written Agreement, compensation for participation in the Affiliate Program shall be as follows:

Tax Forms

If you are a United States individual or entity: (Unsure? Refer to W-9 link below.)

○Before we pay you $600 in one calendar year for the first time, you must email us your correctly completed W-9. Your commission payments will be paused until your W-9 is received.

If you are a non-United States individual: (I.e. not a U.S citizen or resident)

○ Before we pay you anything, you must email us your completed W-8BEN.

If you are a non-United States entity:

○ Before we pay you anything, you must email us your completed W-8BEN-E.

If you have questions, please email us at affiliate_relations@pitch59.com and we will help you.

Marketing & Intellectual Property

Authorized

You may use your creativity when sharing about Pitch59 as long as your efforts, content, and intent are truthful, ethical, professional, compliant with SEO best practices and all applicable laws and regulations, and align with Pitch59's brand values and guidelines.

We encourage our affiliates to promote Pitch59:

●On social media

●Through PPC advertising (pay-per-click advertising on search engines),

●By engaging with influencers

●By producing and distributing original content such as blog posts, articles, videos, and infographics about Pitch59,

You may use Pitch59's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features only as specified under this Agreement and any associated guidelines, including our style guide. Any custom-design assets must be approved by our affiliate team prior to publication, printing, sharing, distribution, or public display.

Unauthorized

Pitch59 reserves the right to end this contract if you:

1. Bid or cause bidding on any of Pitch59's brand-based terms, misspellings, or inferred associations including, but not limited to, PitchCards, Pitch Cards, Pitch59, Pitch 59, Pitch Fifty-Nine, Pitch Fifty Nine, pitchfiftynine.com, pitch59.com, etc.
2. Post your discount code on coupon sites.
3. Use the Pitch59 brand name within the display of a URL, ad title, description, or meta-data.
4. Infer you are, represent, are officially endorsed by, or are operated by Pitch59.
5. Create Pitch59-branded social media accounts, including misspellings of Pitch59 brand names and terms.
6. Use false, misleading, or inappropriate advertising or communication.
7. Use spam tactics.
8. Feature explicit content of any kind, both in published content or allowed advertising.
9. Use derogatory, offensive, polarizing, racial, politically incorrect, or sexual terms in published content or allowed advertising.
10. Advertise or communicate in a manner Pitch59 deems is harmful to its brand.
11. Link or claim Pitch59 to be in-line with, affiliated with, and/or against:

●Competitors

●Views that are contradictory to Pitch59's standards or brand

●Political or religious groups, individuals, or causes

Rights to Content

Pitch59 has the right to use any digital content you create promoting our service without compensatory obligation.

Limitation of Liability

Pitch59 will not be liable for indirect, special, or consequential damages arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless Pitch59 and its employees, directors, and agents from any and all claims, damages, liabilities, costs, and expenses arising from your participation in the Affiliate Program.

Confidentiality

During your participation in the Affiliate Program, you may be exposed to confidential information. You agree to avoid disclosure or unauthorized use of any such confidential information to third persons or outside Parties unless you have our prior written consent.

Non-Disparagement

You agree not to make any disparaging, negative, false, or misleading statements, whether written or oral, about Pitch59, our Affiliate Program, our products, services, officers, directors, employees, or contractors, that might harm our reputation or business interests. Additionally, you agree not to take any action that could reasonably be expected to cause unwanted or unfavorable publicity or consequences for us. These obligations do not restrict you from making truthful statements as required by law or in legal proceedings.

Additional Fees

Aside from the commission fees specifically outlined in this Agreement, we will not pay you fees to advertise, connect, set up an account, partner, affiliate, or anything else except as affirmed by Written Agreement.

Your Affiliate PitchCard subscription is the only fee we require for participation in our Affiliate Program.

Term & Termination

This Agreement shall be effective upon the date your Pitch59 affiliate account is created.

We reserve the right to deny, restrict, suspend, or revoke your participation in and/or access to our Affiliate Program at any time, with or without cause.

Either Party may terminate your participation in our Affiliate Program at any time, with or without cause, by giving the other Party written notice of termination. You may also choose to terminate this Agreement by canceling or deleting your affiliate account or user account.

You understand, and agree, that upon termination of your participation in the Affiliate Program, all future transactions generated by each of your existing promo codes shall cease to be Qualified Transactions, and that you shall no longer be eligible to receive compensation of any sort on these transactions.

Amendments

No amendment to nor modification of this Agreement shall be effective unless affirmed by Written Agreement.

Acceptance & Revision

We reserve the right to edit this Agreement, including the compensation terms of this Agreement, at any time for any reason and will provide you with proper notice. Such changes shall become effective immediately upon our sending notification to the Affiliate.

Significant changes affecting Affiliate earnings, however, will require affirmative consent from the Affiliate, except where Affiliate compensation rates have been increased.

Responsibility for Authorized Users

You agree that you are fully responsible for any actions taken by individuals or entities accessing or utilizing the platform on your behalf. This includes compliance with all terms and conditions set forth in this Agreement. Any breach or violation by such individuals or entities shall be considered a breach or violation by you.

Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, if possible. If modification is not possible, such provision shall be severed from this Agreement, and the remaining provisions shall continue in full force and effect as if this Agreement had been executed with the invalid provision eliminated.

Supersession

This Agreement may be superseded by any subsequent Agreement between the Parties, provided such Agreement is in writing and signed by duly authorized representatives of both Parties. In such case, the terms and conditions of this Agreement shall apply except where they conflict with the subsequent Agreement, in which case the conflicting terms and conditions in the subsequent Agreement shall prevail.

No Waiver

The failure or delay by either Party to exercise any right, power, or privilege under this Agreement, including rights arising from a breach or the non-enforcement of an arbitration decision, shall not operate as a waiver thereof. No single or partial exercise of any right, power, or privilege shall preclude further or additional exercises of that right or the exercise of any other right, power, or privilege. This NO WAIVER clause is applicable to all provisions of this Agreement.

Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of the state in which Pitch59 is incorporated, without regard to the conflict of laws principles.

Breach of Agreement, Consequence, & Dispute Resolution

1. Definition of Breach:

If an Affiliate fails to comply with any aspect of these Terms and Conditions, especially those governing compensation and promotional methods, such failure will be considered a breach of the Agreement.

2. Notification and Opportunity to Cure:

Upon any breach, Pitch59 will notify the Affiliate in writing of the nature of the breach. The Affiliate will have fifteen (15) days from the date of notification to cure the breach. If the breach pertains to compensation fraud or other severe violations, the cure period may be shortened at Pitch59's discretion.

3. Consequences of Failure to Cure:

If the Affiliate fails to cure the breach within the specified period, Pitch59 reserves the right to:

●Withhold any pending compensation payments due to the Affiliate.

●Terminate the Affiliate's account.

●Initiate arbitration proceedings to seek resolution and enforce the Agreement.

4. Dispute Resolution:

●For Affiliates located within the United States, any disputes arising from or relating to this Agreement shall be resolved exclusively through binding arbitration conducted by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

●For international Affiliates, disputes shall be resolved through the International Centre for Dispute Resolution (ICDR), the international branch of the AAA.

●The arbitration shall occur in the jurisdiction where Pitch59 is located, and the decision of the arbitrator(s) shall be final and enforceable in any court of competent jurisdiction.

5. Procedure for Non-Appearance at Arbitration

In the event Affiliate fails to appear at the scheduled arbitration hearing, despite reasonable notice, the arbitration shall proceed in their absence. The arbitrator shall have the authority to make an award based on the evidence presented by the attending Party, subject to the arbitrator's satisfaction that the notice was adequately served on the non-appearing Party. Pitch59 must still provide sufficient evidence to support its claims, and the arbitrator is required to make a decision based on the merits of the case, not merely the absence of one Party.

Thank you for affiliating with us. We look forward to building a mutually-beneficial relationship with you.

Jeff Bitton, CEO

Pitch59 Incorporated