Affiliate Program Terms and Conditions

Last updated September 19, 2024

These Affiliate Program Terms and Conditions ("Agreement") govern the participation in the PunchList Properties Inc. (DBA "PunchList") Affiliate Program ("Affiliate Program"). By signing up for and participating in the Affiliate Program, you ("Affiliate") agree to the terms outlined below.

1. Eligibility

To participate in the Affiliate Program, you must:

• Be at least 18 years old;
• Have a valid and active website, blog, or other online presence that complies with these terms;
• Agree to comply with all applicable laws, regulations, and guidelines, including but not limited to, Federal Trade Commission (FTC) guidelines on endorsements and testimonials.

2. Affiliate Registration

To join the Affiliate Program, you must complete and submit an application here.

PunchList reserves the right to approve or reject any application at its sole discretion. Reasons for rejection may include, but are not limited to, content that is inappropriate, unlawful, or otherwise deemed unsuitable for the program.

3. Affiliate Responsibilities

As an Affiliate, you agree to:

• Promote PunchList products and services in a lawful, ethical manner;
• Not make any false, misleading, or exaggerated claims about PunchList;
• Use only the marketing materials and content provided or approved by PunchList;
• Clearly disclose your affiliate relationship in compliance with applicable regulations (e.g., FTC disclosure requirements).

You will not:

• Engage in any form of spam, unsolicited emails, or unethical advertising practices;
• Bid on PunchList-related keywords on search engines without prior consent;
• Use deceptive methods to generate referrals, including but not limited to fake leads or fraudulent actions.

4. Referral Codes

Upon acceptance into the Affiliate Program, PunchList will provide you with unique referral codes to be used in your promotions.

You agree to only use these referral codes as directed and not to alter, modify, or misrepresent them in any way.

PunchList will track customers who use your referral codes, and Affiliate commissions will only be paid for legitimate and qualifying sales made through the referral code.

If Affiliates purchase PunchList products for themselves, they cannot use their own referral codes.

5. Commission Structure

You will earn commissions based on a percentage of sales made through your referral codes, as outlined in your Affiliate Dashboard or in your agreement with PunchList.

Commissions are subject to the following conditions:

• Only sales that are completed and paid in full will qualify for commissions;
• Pre-existing customers that use your promo codes do not qualify for commissions;
• Commission is paid on all payments for the first 12 months of the referred customer or until the Affiliate is no longer part of the Affiliate Program;
• Any refunds, chargebacks, or cancellations will result in a reversal of the associated commission;
• All amounts payable by PunchList to the Affiliate are subject to offset by PunchList against any amounts owed by the Affiliate to PunchList;
• Self-purchases made using the Affiliate's own referral code does not qualify for commissions.

PunchList reserves the right to modify the commission structure at any time without prior notice to Affiliates.

6. Payment of Commissions

Commissions will be paid monthly, with a Net-30 payout term. For example, with Net-30, payouts for December commissions will be generated on January 31st.

Payments will be made via Paypal, and Affiliates are responsible for providing accurate payment details.

Affiliates are responsible for any and all applicable taxes and fees (including bank/Paypal fees) on the commissions they receive.

7. Term and Termination

This Agreement will begin upon acceptance into the Affiliate Program and will continue until terminated by either party.

Either party may terminate this Agreement at any time, with or without cause, by providing written notice to the other party.

Upon termination, you must immediately stop using all referral codes and marketing materials related to the Affiliate Program.

Any commissions earned up to the date of termination will be paid in accordance with Section 6.

8. Intellectual Property

PunchList grants you a limited, non-exclusive, non-transferable license to use its trademarks, logos, and marketing materials solely for the purpose of promoting PunchList products in accordance with this Agreement.

You agree not to modify, alter, or misuse any intellectual property belonging to PunchList.

9. Indemnification

You agree to indemnify, defend, and hold harmless PunchList and its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses arising out of your participation in the Affiliate Program, including but not limited to:

• Any breach of this Agreement;
• Any violation of law or regulation by you;
• Any claims related to the content of your website, social media, or promotional methods.

10. Limitation of Liability

PunchList will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with this Agreement or the Affiliate Program, even if PunchList has been advised of the possibility of such damages.

11. Modifications

PunchList reserves the right to modify any terms of this Agreement at any time. Affiliates will be notified of any changes via email or through their Affiliate Dashboard.

Continued participation in the Affiliate Program after any such modification constitutes your acceptance of the updated terms.

12. Governing Law

This Agreement will be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of law principles.

Any disputes arising out of or related to this Agreement shall be resolved in the courts located in New Haven, CT, and both parties consent to the jurisdiction of such courts.

13. Entire Agreement

This Agreement constitutes the entire agreement between you and PunchList regarding the Affiliate Program and supersedes any prior agreements or understandings.