Revision Date: June 11, 2015
Olark Referral Partner Agreement
Please read this agreement carefully before applying. By applying for the Habla Inc. Referral Program, you indicate your acceptance of this agreement and its terms and conditions, and acknowledge that you have read, understand, and agree with them.
The following terms and conditions, as well as any future modifications (the "Agreement") are a contract between you or your company ("you" or "your") and Habla, Inc., a Delaware corporation ("Olark," "we," "us," or "our") with addresses at 76 South Park St., San Francisco, CA 94107, USA.
Joining the Program
By filling out the signup form, and upon approval, you will become an Olark Referral Partner ("Partner") and are bound by the terms of this agreement. Your participation in the Olark Referral Program (the “Program”) is solely for this purpose: to legally advertise our website and services and to receive a commission on designated products or services purchased by your referred individuals.
Trademark and Intellectual Property
During the term of the Agreement, each party grants to the other party a limited, non-exclusive, non-transferable, revocable right to display its marks and logos solely to market and promote the relationship described by this Agreement.
It is understood that you will introduce Olark products and services to your current and prospective customers and will comply with all laws as well as those that govern email marketing and anti-spam laws. Olark reserves the right to accept or reject any prospective customers and will pay you a commission per customer referred using your partner code ("Partner Link") according to the designated payment schedule. You must have a PayPal account in order for us to pay you commissions.
Either you or Olark may terminate the Agreement at any time. You are only eligible to earn commission payments during your time as an approved Partner. Olark may revoke your Partner status, change the Program or service policies and operating procedures at any time.
Revocation of Partner Status
Your application and status in the Program may be suspended or terminated for any of (but not limited to) the following reasons:
Inappropriate advertisements (False claims, misleading hyperlinks)
Spamming (mass email, mass newsgroup posting, etc.)
Advertising on sites containing/promoting illegal activities
Violation of intellectual property rights and trademarks
Confusing or misleading use of partner links and content
Inability to setup links or refer clients to Olark (lack of performance)
Creating Olark accounts or causing others to create Olark accounts for an illegitimate purpose, as deemed by Olark, such as but not limited to testing credit cards or exaggerating your performance under this Agreement.
The relationship described in the Agreement is one of independent contractors and does not create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties or imposes any liability attributable to such a relationship upon either party. Olark will not be liable for indirect, special or consequential damages arising in connection with the Program and our aggregate liability arising with respect to the Program will not exceed the total referral fees paid or payable to you. Olark makes no express or implied warranties or representations with respect to the Program. In addition, Olark makes no representation that the operation of the service will be uninterrupted or error-free, and Olark. will not be liable for the consequences of any interruptions or errors.
You may use graphic and text links both on your website, social media, and in emails. You may also advertise Olark services "offline" in classified ads, magazines, and newspapers. You may use the graphics and text provided to you by us, or you may create your own with prior written approval from Olark.
When a potential customer ("Lead") clicks through your Partner Link, a cookie is set in their browser that contains your partner identifying information. Olark may use third-party contractors (“Platform”) for the purpose of creating, managing, and tracking your Partner Link and Partner agrees that information shown inside the Platform is accurate to the best of Olark’s knowledge. Leads that follow through the Partner Link and sign up for Olark services and enter in their valid payment information and remain active Olark customers for 31 days, will be eligible for commissions, (“Referred Customer”).
Visitors sent through your Partner Link may purchase Olark services later in time and if this occurs within 60 days of your original referral and the cookie is still present in their browser, they will be considered a Referred Customer and commissions will be awarded.
Olark will make payments to you via PayPal within 15 days of the end of each calendar month ("Payment Period"). If the commissionable value does not exceed $25, commission will be deferred until the next Payment Period whereby commissionable value exceeds $25. If commissions paid through PayPal are not accepted after 180 days, Olark reserves the right to cancel such payment attempt and you forfeit your right to that commissionable value.
Terms of the Agreement
These terms will begin upon your signup with the partner program and will end when your partner account is terminated. The terms of the Agreement may be modified by Olark at any time. If any modification to the terms is unacceptable to you, your only choice is to terminate your partner account. Your continuing participation in the program will constitute your acceptance of any change.
Should any section or subsection be deemed invalid. To the extent that any portion of this agreement is determined by competent court of California to invalid, that portion shall be severed from this agreement. The remainder of this agreement shall remain in full force and effect.
Habla Inc. is located in California, USA and the Program is governed by the laws of the United States of America and the state of California. Disputes arising hereunder shall be governed by the laws of the State of California.
OLARK WILL NOT BE LIABLE FOR INDIRECT OR ACCIDENTAL DAMAGES (LOSS OF REVENUE, COMMISSIONS) DUE TO PARTNER TRACKING FAILURES, LOSS OF DATABASE FILES, OR ANY RESULTS OF "INTENT OF HARM" TO THE PROGRAM OR OUR WEBSITE. WE DO NOT MAKE ANY EXPRESSED OR IMPLIED WARRANTIES WITH RESPECT TO THE PROGRAM AND/OR PRODUCTS SOLD AT THIS SITE. WE MAKE NO CLAIM THAT THE OPERATION OF THE PROGRAM AND OUR WEBSITE WILL BE ERROR-FREE AND WE WILL NOT BE LIABLE FOR ANY INTERRUPTIONS OR ERRORS.
By electronically submitting your application for the Olark Referral Program, you acknowledge that you have read the terms and conditions, understand, and agree with them.