TickPic Referral Program Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS ("TERMS AND CONDITIONS") CAREFULLY BEFORE REGISTERING FOR THE REFERRAL PROGRAM OFFERED BY USUNDO.COM ("SITE OWNER"). THESE LEGALLY BINDING TERMS AND CONDITIONS GOVERN YOUR PARTICIPATION IN THE TICKPIC REFERRAL PROGRAM (THE "PROGRAM"). IF A SEPARATE WRITTEN REFERRAL AGREEMENT WITH RESPECT TO THIS SITE EXISTS BETWEEN YOU ("YOU" OR "YOUR") AND USUNDO.COM ("SITE OWNER"), THE TERMS OF THAT WRITTEN REFERRAL AGREEMENT (EXCLUDING THE PRE-PRINTED TERMS OF ANY PURCHASE ORDER, CONFIRMATION OR SIMILAR DOCUMENT, WHICH WILL HAVE NO EFFECT AND WILL NOT BE CONSIDERED AGREED TO BY AFFILIATE OR SITE OWNER) SHALL TAKE PRECEDENCE OVER THIS AGREEMENT, AND YOU ACKNOWLEDGE THAT YOU ARE BOUND BY THE TERMS OF THAT WRITTEN LICENSE AGREEMENT. BY CLICKING ON THE "ACCEPT" BUTTON BELOW AND CHOOSING TO PARTICIPATE IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS APPLY TO ALL PARTICIPANTS IN THE PROGRAM. IF YOU DO NOT UNCONDITIONALLY AGREE TO THE FOREGOING, DO NOT CONTINUE WITH THE REGISTRATION PROCESS.
To qualify for participation in the Program (including without limitation receipt of Referral Fees (as defined below)), You must: (i) be an individual who is at least eighteen (18) years old; (ii) have registered with this site; and (iii) be able to receive payments via PayPal.
After you have registered, you will have a link to create your own TickPic image. We will help you publish this image to your social media accounts, send through email, and add to blogs and other Internet sites. In addition, we will give you a report page that will show the status of your TickPic(s) - how much you have earned and could potentially earn.
3) Referral Fees
You will earn Referral Fees when a user properly enters our site by either i) clicking through a posted TickPic image or link, or ii) uploading a TickPic image during checkout. This TickPic must be either the TickPic you created and published or a second or third generation TickPic spawned from yours.
The Referral Fee amount is dependent upon the TickPic used to purchase from this site. Refer to About TickPics for a description of our formula.You will not earn a Referral Fee for a purchase if the customer receives a refund for the purchase in accordance with the refund policy of uSundo.com.
4) Payment Terms
All payments to You shall be made by Company Bank Check within sixty (60) days
after the end of the calendar month in which they accrue. Payments shall be made no more than one payment per month. Payment shall
not be made by any other method unless otherwise expressly agreed in
writing by uSundo.com.
This Agreement shall commence on the Effective Date and shall remain in effect for until i) This web page is de-activated or ii) Either party terminates this Agreement, with or without cause, by giving written notice of termination to the other party (email is sufficient). Sections 6 and 7 shall survive termination of this Agreement.
6) Representations and Warranties
You hereby represent and warrant that: (i) You will comply applicable laws or regulations (including without limitation copyright laws and anti-spam laws) in connection with Your participation in the Program and You will not use Your User Account or the Program for any illegal or unauthorized purpose; (ii) You will not misrepresent Your relationship with uSundo.com to any third party and You will not make any warranty or representation on behalf of uSundo.com (including with respect to the pricing of uSundo.com products); and (iii) Your participation in the Program does not and will not violate any agreement between You and any third party. You agree that uSundo.com will have no liability for Your breach of the foregoing and You will indemnify and hold uSundo.com harmless from any damages resulting therefrom. EXCEPT FOR THE FOREGOING, NEITHER PARTY MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE PROGRAM, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY OR NONINFRINGEMENT.
7) Limitation on Liability
NEITHER PARTY NOR THEIR AFFILIATES SHALL BE LIABLE OR OBLIGATED UNDER ANY SECTION OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR ANY AMOUNT IN EXCESS OF THE TOTAL FEES PAID HEREUNDER OR, IF GREATER, ONE HUNDRED DOLLARS ($100.00).
9) Modifications to the Terms
For all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venturer, or agent of the other and shall not bind, nor attempt to bind, the other to any contract. You will not have any right or ability to assign, transfer, or sublicense any obligations or benefit under this Agreement without the written consent of uSundo.com (and any such attempt shall be void). uSundo.com may assign and transfer this Agreement and its rights and obligations hereunder freely without consent. The parties agree that this Agreement shall be governed by the laws of the State of California without regard to the conflict of the laws provisions thereof. The parties further agree that if any portion of this Agreement is illegal or unenforceable, such portion(s) shall be limited or excluded from this Agreement to the minimum extent required and the balance of this Agreement shall remain in full force and effect and enforceable. Except as expressly set forth herein, this Agreement contains the entire understanding of the parties regarding its subject matter and can only be modified or waived by a subsequent written agreement signed by both parties.
You may contact Company at the following address:
16402 Mystery Ct
La Mirada, CA 90638
Effective Date: Jun 28, 2010