1.0 ACCEPTANCE OF TERMS
Please read these Terms carefully before using the Plann mobile application (the “Service”) operated by (“us”, “we”, or “our”). By accessing or using our Service, you agree to be bound by the terms of the Service. If you do not agree to all of the terms and conditions, then please do not access or use our Service.
The Plann Ambassador Program Terms and Conditions (herein referred to as “the Agreement”) constitute a legal agreement between the ambassador program participant (“you,” “your,” and “yours”) and LadyLaurence Pty Ltd (“us”, “we”, or “our”), legal owner of the domain name and website www.plannthat.com and mobile app Plann (herein referred to as “the Website”). The Plann Ambassador Program (herein referred to as “the Program”) allows you to promote our services and receive commissions according to the terms and conditions listed below. You acknowledge, agree to, and are bound by these terms and conditions by signing up and participating in the Program.
1.2 Entering in this agreement
The parties entering this Agreement are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. You have no authority to make or accept any offers or representations on our behalf. You cannot make any statement, whether on your website or otherwise, that would reasonably contradict anything in this Agreement.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of New South Wales, Australia, without regard to the conflicts of laws and principles thereof.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
This clause 1.4 will survive termination of this Agreement.
2.0 BECOMING AN AMBASSADOR
Ambassadors are chosen at our discretion and must be invited or approved by us in order to participate.
If you would like to be considered to participate in the Program, please email firstname.lastname@example.org.
You will then be able to create an Ambassador account for you through FirstPromoter (our administration partner for the Program). Once an account and profile have been created, you can use your unique Ambassador URL.
3.0 PLANN RIGHTS AND RESPONSIBILITIES
3.1 Your details
We have the right to ask for details of, and review any online or offline property you control and use to link to Plann at any time to determine if you are following the terms and conditions of this Agreement.
We may notify you of any changes that we feel should be made, or to make sure that your links to our website are appropriate. If you do not make the changes to your properties that we feel are necessary, we reserve the right to terminate your participation in the Program.
We may end this Agreement at any time, with or without cause, by giving you written notice.
In addition, we reserve the right to suspend, cancel, or modify the Program, as we deem fair and appropriate
Written notice can be in the form of mail or email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We reserve the right to terminate this Agreement and your participation in the Program immediately and without notice to you, should you commit fraud in your participation of the Program or should you abuse this program in any way. If such fraud or abuse is detected, we will not be liable to you for any commissions for such fraudulent activity.
We reserve the right to suspend or terminate this Agreement and forfeit commissions if we notice a pattern of acting in bad faith or recommending actions that result in a revenue loss to us.
We reserve the right to decide if any promotional method used by you is appropriate. If a method is deemed to be inappropriate, the result could be a warning, suspension or termination of your Ambassador account, and the withholding of commissions.
3.3 Promoting Plann
We grant to you a non-exclusive, non-transferable, revocable right to:
(i) promote our site through HTML links solely in accordance with the terms of this Agreement; and
(ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorise for such purpose.
You are only entitled to use the Licensed Materials to the extent that you are a current member of Plann’s Ambassador Program. You agree that all uses of the Licensed Materials will be on behalf of Plann and the goodwill associated therewith will inure to the sole benefit of Plann.
3.4 Appropriate use
Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the licence granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
4.0 AMBASSADOR RIGHTS AND RESPONSIBILITIES
4.1 Your Responsibilities
You are responsible for providing full and accurate information upon registration for the Program and keeping the profile information up-to-date. Failure to provide accurate information may result in any of the following: exclusion from the Program, suspension or termination of your Ambassador account, forfeiture of any commissions.
It is your responsibility to seek approval for the use of your own advertising materials other than the provided materials by Plann. In using promotional material, you agree to keep this information current.
You may enter prospect information into the lead form as long as the prospects’ information is real and genuinely interested in Plann.
You are responsible for acting in accordance with local Government requirements, including the FTC Endorsement Guide (if applicable), and disclosing your Ambassador relationship with us.
You are responsible for sharing your Program link on websites, social media, blog posts and other channels. If you are unsure or have any questions about the appropriateness of any channel, please email email@example.com.
4.2 Ambassador Program Restrictions
You must not use any illegal or spam method of advertising like unsolicited email, unauthorised placing of the link in forums, newsgroups, message boards, etc.
You must not promote or be affiliated with other applications or software related to Instagram and /or social media scheduling without prior approval from Plann.
You must only promote Plann to new prospective customers for the company and not abuse the system to generate commissions from subscriptions they would have purchased otherwise, either directly for themselves or on behalf of collaborators, including but not limited to clients, vendors, partners, affiliates, representatives, employers and employees.
You must not compete against the Plann brand through organic or paid advertising for the use of our services, unless you received prior approval by us, including, but not limited to, website or domain names using Plann terms or misspellings, or pay per click campaigns using Plann terms or misspellings. We reserve the right to suspend all Ambassador accounts and withhold commissions in case of noncompliance.
You must not provide financial incentives or rewards to induce sales of Plann services without prior approval by us.
You must not use lewd, obscene, illegal or pornographic material, or any other material that is deemed to be objectionable, including, but not limited to, bigotry, hatred, pornography, satanic materials, trademark and copyright materials, and all content of an adult nature.
You must not use our advertising materials, trademark or name in a way that compromises Plann’s image.
You must not use cloaking technology to promote Plann or provide any other method than direct click-through using your unique Ambassador URL.
5.0 AMBASSADOR PROGRAM
5.1 How the Ambassador Link Works
When a prospect clicks your Ambassador link, a cookie is placed in their browser allowing us to automatically track referrals as they sign up for services.
The users you refer don’t have to purchase instantly as the cookies last up to 30 days following the initial visit.
We are not responsible or liable if the customer deletes or removes cookie data.
Once a plan is purchased, your Ambassador URL is transparently assigned to the profile and after the referred user successfully pays their first invoice, you will receive a one-time commission.
In the case of a recurring commission arrangement with Plann, for each invoice the referred user successfully pays, you will receive a commission.
5.2 What qualifies as Earned Commission
You will receive the appropriate commission based on the referred user’s purchase.
Commissions are calculated as a percentage of the purchase price and applied after payment has been received (with a 7-day period to process the payment) as long as all of the following hold true:
- * This is a first time customer who has clicked on an active Ambassador URL and the cookies are active at the time of the order; and
- * The referred user does not cancel their subscription within 5 days of the purchase.
5.3 Ambassador Commission Payments
You can view your earned monthly commission payments through your Ambassador dashboard.
Earned commissions are paid at the end of the following month. All commissions are paid in US dollars via PayPal. PayPal terms apply including potential transaction fees.
6.0 Representations and Warranties
You represent and warrant that:
- * This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
- * You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party; and
- * You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
7.0 Limitation of Liability
We will not be liable to you with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this Agreement, in no event shall LadyLaurence Pty Ltd’s cumulative liability to you arising out of or related to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees paid to you under this Agreement.
This clause 7 will survive the termination of this Agreement.
We make no express or implied representations or warranties regarding our service and website or the products or services provided therein, any implied warranties of Plann’s ability, fitness for a particular purpose, and non-infringement are expressly disclaimed and excluded. In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
9.0 Modification of Terms
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion.
All modifications to the terms will be posted on our website. Such changes will become effective and binding after their posting on our website.
You agree to regularly review the Ambassador Program Terms of Service and be aware of the changes made.
By continuing to participate in the Ambassador Program after a revision has been posted, you agree to abide by them.
If the modified terms are not acceptable, the only recourse is to stop sending referral links and/or cease participating in the Ambassador Program.
Last updated on 1 August 2019.