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These Terms and Conditions (the “Terms” or “Agreement”) apply to Draft2Digital LLC’s (“Draft2Digital”) Refer a Friend Affiliate Program (“the Affiliate Program”). These Terms are a binding contract among you, the Referrer (as defined below), and Draft2Digital concerning the Program and are in addition to and should be read in conjunction with the general Terms of Service that govern your use of and (the “General Terms”). If there is any conflict between these Terms and the General Terms, these Terms will govern with respect to the Affiliate Program. Your participation in the Affiliate Program is not required and is at your discretion; however, by participating in the Affiliate Program, you agree to these Terms and the General Terms.

The Affiliate Program is intended to allow users and accounts holders of and/or (the “Sites”) to invite non-users of the Sites to create Site accounts by sending those non-users a hyperlink provided on the “Refer a Friend” pages of the Sites (the “Program Link”). Site users that send non-users a Program Link are referred to in these Terms as “Referrers” and the non-user recipients of the Program Link that create an account on one or both the Sites after receiving a Program Link from you are referred to as “Friends” herein, provided that Friends are not you and are natural persons alive at the time the Program Link is sent by you.

Under these Terms, Draft2Digital agrees to:

  1. For two calendar years immediately following the creation of a Site account by a Friend to whom you send a Program Link, provide you ten percent (10%) of the commissions actually received by Draft2Digital as a result of such Friend’s sales through the Sites under the General Terms (the “Friend Referral Fee”), which Friend Referral Fee shall be included in your monthly royalty statement for your Site account and which shall be subject to any and all applicable taxes and surcharges (Note that no such Friend Referral Fee shall be due and payable unless and until Draft2Digital actually receives such commission amounts); and
  2. Not allow any Draft2Digital employee to participate in the Program.

Under these Terms, you, the Referrer, agree as follows:

  1. To comply with these Terms and the General Terms;
  2. To not create fake or duplicative accounts or otherwise engage in fraudulent, collusive and/or illegitimate measures for the purpose of receiving Friend Referral Fees without referring third party natural persons to use and create accounts on the Sites;
  3. That the amount of the Friend Referral Fee owed to you under these Terms shall be decided by Draft2Digital in its sole discretion;
  4. That Draft2Digital has the right to immediately terminate your participation in the Affiliate Program and access to the Sites for any actual or suspected violation by you of these Terms as well as the right to set-off any Friend Referral Fee incorrectly or erroneously provided to you from monies that may be owed to you by Draft2Digital, all of which is in addition to any other remedy afforded to Draft2Digital under the General Terms or otherwise;
  5. That the Friend Referral Fee is the only compensation to which you will be entitled for referrals and is only due and payable as explicitly provided under these Terms;
  6. That Draft2Digital shall be under no obligation to identify the identity of or sales information concerning Friends for which you are you paid a Friend Referral Fee;
  7. That Draft2Digital shall have the right to audit and otherwise investigate your referrals, Site accounts and Friend’s accounts to ensure your compliance with these Terms;
  8. That Draft2Digital may modify these Terms or cancel the Affiliate Program at any time for any reason or no reason, which modification or cancellation shall be immediately effective and will be posted on the Sites;
  9. That Draft2Digital’s decisions concerning the Affiliate Program, these Terms and the Friend Referral Fee are final and binding in all respects; and
  10. That any proceedings to resolve or litigate any dispute related to the Affiliate Program or these Terms shall be conducted exclusively in the federal and state courts located in Oklahoma City, Oklahoma and solely on an individual basis, and in no event shall Draft2Digital or its officers, owners, manager or employees (the “Released Parties”) be liable to you or anyone else for any consequential, punitive, special, indirect or incidental damages arising out of participation in the Affiliate Program or these Terms (even if advised of the possibility thereof and regardless of the form of the action), nor shall any of the Released Parties’ liability for any claim arising out of participation in the Affiliate Program or these Terms exceed the aggregate amount of Friend Referral Fees actually due and payable hereunder to the individual Referrer bringing such claim.