REGI Affiliate Program Agreement

This REGI Affiliate Program Agreement (“Agreement”) governs your participation in the REGI Affiliate Program (the “Program”), our way of thanking you for helping to share with others the best way for them to manage their household inventory – their “STUFF”.

This Agreement between you and Ostrich Algorithm Inc (“REGI”) is in addition to our Terms & Conditions and Privacy Policy and all other documents and provisions applicable to the use of the REGI mobile app (the “App”).  See http://www.regithat.com/regi-rewards for more details (the “Site”).

As a member of the REGI community, you are entitled to participate in the Program on condition that you accept the terms and conditions of this Agreement.  If you do not agree to accept and abide by this Agreement, you should not participate in the Program. In the event of any inconsistency between this Agreement and the Terms & Conditions or Privacy Policy, the terms of this Agreement shall govern.

YOU ACKNOWLEDGE THAT YOUR accessing or using any Services or Platform, including clicking the “Confirm Button,” CONSTITUTES YOUR WRITTEN AGREEMENT AND ELECTRONIC SIGNATURE AND YOUR INTENT TO BE CONTRACTUALLY AND LEGALLY BOUND BY AND TO THE TERMS HEREIN.

The Program may be a temporary program. REGI reserves the right, in its discretion, to change, terminate or modify all or any part of the Program or this Agreement at any time, effective immediately upon notice published on the Site. Your continued participation in the Program after such notice constitutes your binding acceptance of the terms and conditions in this Agreement, including any changes or modifications made by REGI as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease participation in the Program.

Rules of the Program

You agree to the terms of the Program which will serve to refer potential users to the Site and/or the App for purposes of securing a paid extended warranty registration (an “Extended Warranty”) with Consumer Priority Service (the “Warranty Company”). For each Successful Referral (as defined below) REGI will award you the following: 25% of the Extended Warranty purchase for the first 3 months of paid Extended Warranty (the “Fee”).

For clarification, the Warranty Company offers the first 3 month of Extended Warranty free to the user. For your referrals, the Warranty Company will award you 25% of the revenue for the first 3 months paid Extended Warranty. For clarification, a successful referral is rewarded on completion of month 4, month 5, and month 6 of a user’s Extended Warranty registration.

A “Successful Referral” is one that REGI determines satisfies each of the following criteria:

  • self-referrals are strictly prohibited;

  • the referred customer (a “New User”) must not be a current user of the App and must complete, submit, pay, and have accepted a valid Extended Warranty;

  • there must be a bona fide purchase by the New User of an Extended Warranty for which payment is received by the Company from and is not reversed or otherwise set aside as a potentially false transaction;

  • the New User must download the App by clicking on a link or site badge received by you through the Referral Program interface and not be a result of you creating spam or doing anything that would bring the Program or REGI into any kind of disrepute;

  • the New User must have cookies enabled on their browser when clicking on your link to the Site, when reaching the Site, when registering with REGI, and when purchasing an Extended Warranty (otherwise we can’t track it);

  • when making the required purchase, the New User must still have the cookie enabled that was placed on their computer when clicking on the Site badge or link to the Site.

All applicable Fees will be forwarded to you from the Company through REGI via PayPal or Stripe. Fees will typically be paid out 7 days after a calendar month end. REGI reserves the right for any reason to refuse any New User application or purchase transaction in its discretion, without notice or any communication to you. Payment of Fees and amendments to the Program are at the sole discretion of REGI. Under no circumstances shall REGI be required to provide you with any information or updates regarding the New User, except to confirm the referral.

You also agree not to use the Site badges or links in any manner that could damage, disable, overburden, or impair the Site or the App, or any other site or App, create spam or any other unwanted solicitation, or interfere with any other party’s use and enjoyment of the Site or App, their own site or other location of the badges or links. You agree that you will not paste, copy or otherwise impose the Site badges or links in another location. REGI is not responsible for anything that you do with the links or Site badges. You agree not to use any of our trademarks or intellectual property or make any representations, warranties or other statements concerning REGI, the Site, the App, or any of our products, services or policies, except as detailed in this Agreement.

Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect. Nothing in this Agreement will constitute or be construed as constituting or tending to create an agency, partnership or employer/employee relationship between you and us.

Indemnity

You agree to indemnify, defend and hold REGI and its affiliates, and their respective directors, officers, employees, shareholders, partners and agents (collectively, the “REGI Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any REGI Party in connection with any breach by you of this Agreement. REGI reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with REGI’s defense of such claim.

Term and Termination

This Agreement is effective so long as you participate in the Program or until the Program is discontinued by REGI, whichever first occurs. The REGI Affiliate Program or any aspect of it can be discontinued at any time in REGI’s discretion upon notice posted on the Site. Upon posting of such notice, the Program and this Agreement shall be thereby terminated as it relates to you.

Taxes

You are responsible for payment of all taxes applicable to Fees you earn pursuant to this Agreement.

Disclaimer of Warranties

REGI does not represent or warrant that the Site, the App or any content available for downloading through the Site will be free of viruses or similar contamination or destructive features.

Limitation of Liability

You assume all responsibility and risk for use of the Site badges and the links. In no event shall REGI or any of its directors, officers, employees, shareholders, partners, licensors or agents be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of this agreement or the referral program, including without limitation your use of, reliance upon, access to, or exploitation of the site badges or the links, or any rights granted to you hereunder, even if REGI has been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.

IN ANY EVENT, REGI’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SITE BADGES AND LINKS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (USD $100.00).

Partner Representation and Warranty

You represent and warrant that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site and your participation in the Program, and that your participation in this program will not conflict with any other existing agreements or arrangements.  If you are agreeing to this Agreement on behalf of a company, organization or another legal entity, you are agreeing to these terms for that entity and representing to REGi that you have the authority to bind such entity to this Agreement, in which case the terms, “you,” “your” or related terms used herein shall refer to such entity . If you do not have such authority, or if you do not agree with these terms, you must not accept these terms or enter into this Agreement.

Non-Exclusivity

This Agreement does not create an exclusive agreement between you and REGI. Both you and REGI will have the right to recommend similar products and services of third parties and to work with other parties in connection with the design, sale, installation, implementation and use of any and all similar services and products.

Intellectual Property

During the term of this Agreement, you may use related trademarks as long as you follow the usage requirements in this section.  You must: (i) only use the images that REGI makes available to you, without altering them in any way; (ii) only use such trademarks in connection with this Agreement; and (iii) immediately comply if REGI requests that you discontinue use.  You must not: (i) use any such trademarks in a misleading or disparaging way; (ii) use any such trademarks in a way that implies REGI endorses, sponsors or approves of your services or products; or (iii) use any such trademarks in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.

No license to any software is granted by this Agreement, and all REGI products and services are protected by intellectual property laws. REGI retains all ownership rights in all of its intellectual property, including its logo and other marks that we use from time to time.  You may not use them without our prior written permission, except as otherwise set forth in this Agreement.

Applicable Law

The Site is controlled, operated and administered by REGI from within the Province of Ontario. The Site badges and links can be accessed from other provinces as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Ontario, by accessing the Site badges and links, you acknowledge and agree that this Agreement will be governed under the laws of the Province of Ontario and the federal laws of Canada applicable therein (without reference to conflicts of laws principles). You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of Ontario, Canada with respect to the subject matter of this Agreement. This Agreement will not be governed by any other laws or conventions, the application of which is expressly excluded.

Any and all disputes arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Toronto, Ontario.

If REGI is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse REGI for its legal fees, costs and disbursements if REGI is successful.

General

You specifically agree and acknowledge that you have, in addition to the terms of this Agreement, reviewed the Terms & Conditions, Privacy Policy and any other agreements which may be incorporated by reference therein, and you agree to be bound by them.

Assignment

You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without REGI’s prior written consent. REGI may assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.

Contact

If you have concerns relating to the Program or this Agreement, please contact REGI online at:  partners@regithat.com 

Acknowledgement

You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between you and REGI regarding the REGI Warranty Referral Program, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and REGI relating to the subject of this agreement.