These Affiliate Referral Partner Terms and Conditions are issued by SimplySchedule.me, a company with a registered address at 530 S Lake Ave #333, Pasadena, CA 91101, for its affiliate referral partners.
The purpose of this Agreement is to outline the terms governing the participation of Partners in the SimplySchedule.me Affiliate Program, detailing their rights, responsibilities, commission structure, and compliance expectations. This Agreement serves as a legally binding contract between the Company and the Partner.
Definitions
For the purpose of this Agreement, capitalized terms shall have the meanings set forth below. These definitions apply throughout this document regardless of grammatical variations:
- Agreement: This Affiliate Referral Partner Terms and Conditions document.
- Affiliate Program: The SimplySchedule.me Affiliate Partner Program
- Partner (Affiliate): An entity or individual approved by the Company to participate in the Affiliate Program.
- Company: SimplySchedule.me, the owner and operator of the SimplySchedule.me platform.
- Customer: Any individual or entity referred by the Partner that becomes a subscriber of SimplySchedule.me.
- Completed Transaction: A transaction where the Customer has signed an agreement, made the first payment, and the refund period has expired.
- Commission: Compensation earned by the Partner for successful referrals, subject to the terms outlined in the Insertion Order (IO).
- Insertion Order: The document specifying commission rates, payment terms, and other relevant specifics for each Partner.
Participation Requirements and Partner Obligations
Eligibility and Application Process
To participate, the Partner must submit an application to the Company. Acceptance is at the Company’s sole discretion. The Company reserves the right to decline or terminate any Partner without providing a reason.
General Obligations
The Partner agrees to:
- Maintain accurate and truthful information in all dealings with the Company.
- Adhere to all applicable laws, regulations, and ethical guidelines.
- Ensure that all promotional activities comply with Company branding and messaging guidelines and make any changes requested by the Company.
The Partner is strictly prohibited from:
- Engaging in fraudulent, misleading, or unethical marketing practices.
- Using spam, automated bots, or other deceptive traffic generation tactics.
- Generating referrals from coupon sites.
- Misrepresenting their relationship with the Company.
- Bidding on or using the Company’s trademarks or brand terms in paid advertising campaigns without explicit written approval from the Company.
- Competing with the Company for search engine ranking on trademarks or brand terms.
Policies and Prohibited Activities
The Partner shall ensure compliance with all applicable laws and the Company’s internal policies, including but not limited to:
- Consumer protection laws regarding advertising transparency.
- Intellectual property laws (e.g., avoiding the unauthorized use of copyrighted materials).
- Anti-spam laws governing email marketing and digital communications.
The Company strictly prohibits affiliates from promoting SimplySchedule.me in association with:
- Hate speech, violence, or discrimination.
- Adult content, gambling, or illegal substances.
- Misleading claims regarding SimplySchedule.me services.
Violations of these policies may result in immediate termination of the Partner’s participation in the Affiliate Program.
Commissions and Payments
The Company reserves the right to review and approve all commissions in its sole discretion. Approval of commissions may be withheld if the Company determines that the referral does not meet the requirements outlined in this Agreement or the Insertion Order (IO).
Approved Commissions shall be paid to active and eligible Partners based on the terms outlined in the Insertion Order (IO) agreed upon between the Partner and the Company. Commissions are based on Completed Transactions as defined in this Agreement.
The Partner is responsible for providing and maintaining accurate payment details. The Company reserves the right to offset commissions against chargebacks, refunds, or any promotional discounts applied to referred Customers. Any applicable bank and transaction fees associated with commission payouts shall be borne by the Partner.
Termination of Affiliate Account
This Agreement shall remain in effect until terminated by either party.
The Company may terminate the Partner’s participation at any time with written notice. Upon termination, the Company reserves the right, in its sole discretion, to determine whether any unpaid commissions will be forfeited.
The Partner may terminate participation with written notice; in such cases, commissions will be paid according to the standard payout schedule.
Limitation of Liability
The Company makes no warranties regarding the operation of the SimplySchedule.me platform or its suitability for any specific purpose. The platform is provided “as is.”
The Company shall not be liable for any indirect, incidental, punitive, or consequential damages, including but not limited to loss of profits, revenue, data, or business opportunities. The maximum liability of the Company to the Partner under this Agreement shall not exceed the total commissions paid to the Partner in the six (6) months preceding the claim.
The Partner agrees to indemnify the Company against any claims, damages, or liabilities arising from their participation in the Affiliate Program, including violations of this Agreement or applicable laws.
Dispute Resolution and Governing Law
Any disputes shall first be resolved through mediation following the American Arbitration Association (AAA) rules. If mediation fails, the dispute shall be settled in the courts of California. Jury trials are waived by both parties.
This Agreement, together with the Insertion Order, represents the entire agreement between the Company and the Partner regarding the Affiliate Program. The Company reserves the right to modify this Agreement at any time, with updates communicated via email or the SimplySchedule.me website at least 30 days prior to taking effect.
If any provision is deemed unenforceable, the remaining provisions shall remain in full effect.
Last updated March 4, 2025