Welcome to the Playbook Affiliate Program (the “Program”). Any person or entity (”you”) that participates or attempts to participate in the Program must accept these Playbook Affiliate Program Participant Terms (the “Participant Terms”). This Agreement incorporates, and you agree to comply with, the most up-to-date version of all policies, appendices, specifications, guidelines, schedules, and other rules referenced in these Participant Terms and any other policies that apply to tools and features made available to you under the Program (“Program Policy(ies)” or "Program Guide(s)"). If you sign up for a Program on behalf of an entity or organization, you are binding that organization to these Program Terms, and you represent that you have the authority to do so. By registering for the Program, you agree to comply with the Participant Terms between you and Playbook Digital Inc. (”Playbook”, “we,” “us,” “our”).
1. Overview
The Playbook Affiliate Program allows approved participants (“Affiliates”) to earn commissions by referring new paying customers to Playbook. Affiliates promote Playbook using their unique referral link and are eligible to earn rewards based on successful conversions as defined below.
1.1 How It Works:
- Have an active Playbook Pro account.
- Submit a completed application for approval by the Playbook team.
- Get paid for qualifying, net new users that sign up for a Pro plan, sign up for a Team plan, or sign up for a Free plan and are upgraded to a Pro plan or Team plan within 30 days.
1.2 Referral Attribution: We want to reward Program Participants that refer new customers to us and highlight our brand. We do so by paying Participants based on a last-click attribution model. This means that if a customer clicks on multiple affiliate links from different Participants before purchasing a plan, the Participant whose affiliate link was clicked last before purchase or signup will be deemed to receive attribution for the referral.
Due to new privacy laws around the world, consumers may exercise their right not to be tracked between websites. If a consumer has opted out of tracking, we may not be able to determine attribution for a referral. PLEASE NOTE: PARTICIPANTS WILL ONLY RECEIVE REFERRAL FEE PAYOUTS WHEN ATTRIBUTION CAN BE ACCURATELY DETERMINED.
1.3 Timing: The timing window for eligible referrals is 30 days. This 30-day window ensures you receive Referral Fees for Pro or Team plan signups that occurs after a customer interact with your Affiliate Link. The day a customer clicks your Affiliate Link for the first time counts as day 1. Each time a customer clicks your Affiliate Link, the 30-day timing window restarts for that customer.
Referral Fees are reviewed on a rolling basis, and payouts are processed within 14 days after the relevant timing window has closed. If a Referral Fee payout amount exceeds $10,000, a longer review period may be required, and payouts will be processed within 30 days.
2. Eligibility
Acceptance into the Program is at the sole discretion of Playbook, and Playbook may reject or deny your application for any reason. Once you have been accepted into the Program you shall be a “Participant” and may be eligible to earn compensation by creating, sharing or distributing content about Playbook. Playbook may terminate your participation in the Program at any time and for any reason.
3. Fees and Payments
If any Fee payments are contemplated by the Program that you participate in, the following shall apply to such Fee payments.
3.1 Affiliate Links: As a Participant, you may be able to access a link to the Playbook website that will be associated with you as a Participant (“Affiliate Link”). When our customer clicks through the Affiliate Link to purchase a subscription to our software-as-a-service product ("Service"), you can receive commission income for qualifying purchases ("Referral Fee"), as further described in (and subject to the limitations in) the applicable Program Guide. You shall not use the Affiliate Link on any properties or with any content that are not your own. If Playbook requests that you remove an Affiliate Link from your properties, you must comply with such request within twenty-four (24) hours. Failure to comply with such request may result in suspension or termination of your participation in the Program and/or forfeiture of payments, as determined by Playbook in its sole discretion.
3.2 Affiliate Link Fee Payment Eligibility: You will only be eligible for a Fee payment for customer transactions that are completed through (i) the Affiliate Link that we make available to you; and (ii) Playbook's self-service purchase process. If a prospective customer does not complete the purchase or register to use the Services following their click on the Affiliate Link, you will not be eligible for a Referral Fee payment, even if the prospective customer later purchases a subscription directly by visiting Playbook's website or through another link. Customers that enter the purchase process through your Affiliate Link, but complete their purchase through a Playbook account executive or other sales assisted process shall not result in a Fee payment. Unless expressly stated otherwise in a Program Policy, you are eligible to receive a Fee payment only for a customer's initial purchase and are not eligible to earn Fees on any follow-on purchases. A Fee is not considered payable if the first click on the Affiliate Link is after your participation in the Program has expired or terminated.
3.3 Taxes: You will be responsible for paying all taxes imposed by any governmental authority on payment of the Fees (“Taxes”), if any. If we are required to withhold any withholding or similar taxes, we will do so and will make these payments. Any withholding taxes paid by us to the tax authority will be deducted from the amount due to you, such that the amount paid to you will be net of the withholding taxes.
4. Content and Participation Details
4.1 Authorization and Restrictions: We authorize you to market and promote Playbook and our Service to potential customers in accordance with these Participant Terms. You agree you will market the Service fairly and accurately, and will not make any representations or warranties concerning us or our Service, or use any marketing content or materials that: (i) inaccurately purport to be made by Playbook; (ii) violate any laws or regulations; (iii) are false, misleading, or inaccurate; (iv) are offensive, obscene, or inappropriate; (v) portray Playbook or the Service in a disparaging manner; or (vi) violates the intellectual property rights of a third party. Further, you shall not: (a) hold yourself out as an employee or representative of Playbook; (b) interfere with the operation of the Program; (c) remove, obscure, or alter Playbook's or any third party's copyright notice, proprietary rights notices, or other notices affixed to or contained within the Playbook Content; (d) edit, modify, obscure, minimize or change the information contained in Playbook Content, including, without limitation, any product information, image, widget or default templates provided by Playbook; (e) use any Affiliate Link on any coupon deal websites and/or coupon aggregator websites; (f) take orders for the Service or otherwise act as a reseller of the Services; (g) use any name, term, or mark that is confusingly similar to the Playbook Marks unless approved by Playbook in writing; (h) use your Playbook Affiliate Link or Playbook Content in any manner that could be considered spammy; (i) use your Playbook Affiliate Link or Playbook Content in any manner or context that, if uploaded or shared through our Service, would violate our Terms of Service; or (j) engage in direct marketing of Playbook or our Services except where you (1) have an appropriate legal basis, as applicable, to contact such individuals; and (2) such marketing is directed to your existing clients or subscribers to your newsletter.
4.2 Advertising and Pay Per Click Restrictions: If you are enrolled in our Program and use any Pay Per Click (PPC) advertising, such as Google Ads, you agree not to (a) bid on any Playbook brand names, including, but not limited to, our domain name, company name, and any Playbook Marks, including variations or misspellings thereof, for search or content-based campaigns on search engines such as Google, Yahoo, Bing, Facebook, LinkedIn, or any other similar platform or network, (b) use the Playbook Marks or any brand names in sequence with any other keyword (e.g. Playbook design tool), including any misspellings, (c) use the Playbook Marks or any other trade or brand names in your ad title, display name, ad extensions, or as the display URL, (d) direct link the the Playbook website from any PPC ad or use redirects that yield the same result, unless you have received written approval from Playbook. We have a strict no-tolerance policy on PPC trademark bidding.
4.3 Playbook Customers: Our customers are not, by virtue of your participation in a Program, your customers. As between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on our website will apply to those customers and may be changed at any time. You will not handle or address any contacts with any of our customers, and, if contacted by any of our customers for a matter relating to interaction with Playbook or our Services, you will direct customers to contact support@playbook.com, or state that those customers must follow contact directions on our website to address customer service issues.
4.4 Playbook Content: In order to facilitate your advertisement and marketing of the Services, we may make available to you data, images, text, link formats, widgets, links, Playbook Marks, marketing content, and other linking tools, application program interfaces, and other information in connection with the Program and our Services (“Playbook Content"). You may only use such Playbook Content in connection with marketing the Service under the Program. If we update the Playbook Content, you will use commercially reasonable efforts to use the updated content and cease using the prior version. Your use of Playbook Content must comply with our Terms of Service.
4.5 Compliance: You agree to comply with all applicable laws, rules and regulations, industry best practices and standards and regulatory guidelines relating to sponsored posts and advertising copy, including but not limited to the United States Federal Trade Commission’s then-current rules and regulations applicable to electronic email messages (such as the CAN-SPAM Act), online advertising generally, advertising disclosures and social media advertising, sponsorships and endorsements. A helpful guide can be found here: https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business. You will not misrepresent or embellish our relationship with you (including by expressing or implying that we support, sponsor, or endorse you), or express or imply any affiliation between us and you or any other person or entity except as expressly permitted by these Participant Terms. You will comply with all applicable privacy laws and the terms of service of any platform or channel you use to distribute content.
4.6 Statement: When you post and/or distribute content about Playbook or our Services, you must clearly, proximately, and prominently include a statement that complies with all then-current rules and regulations applicable to advertising disclosures and social media advertising, sponsorships and endorsements, including the then-current United States Federal Trade Commission guidelines. A helpful guide can be found here: https://www.ftc.gov/tips-advice/business-center/guidance/disclosures-101-social-media-influencers.
4.7 Publicity: We may use your name, likeness, and public marketing content regarding our Service to reference you as a Participant in the Program solely through Playbook owned or operated channels, including digital channels, social media, and websites. You may revoke this grant at any time by sending an email to support@playbook.com with your notice of revocation, and we will use commercial reasonable efforts to cease new uses of such references within 30 business days and to update our website and social media and marketing channels to remove any past references.
5. License and Ownership
5.1 License to Playbook Content and Marks. Subject to these Participant Terms, we grant you a limited, nonexclusive, revocable, non-transferable, non-sublicensable royalty-free license to: (a) use, reproduce, distribute, perform, display and prepare derivative works of the Playbook Content; and (b) use and display our name, logo, trademarks, and other brand identifiers (“Playbook Marks”) for the sole purpose of promoting our Service and Playbook and in accordance with any branding guidelines we provide (including the Affiliate Resource Library provided to you) and any applicable Program Policies. All use of Playbook Marks (and goodwill associated therewith) inures to our benefit.
5.2 Ownership: You own and retain all intellectual property rights in your content, except (i) to the extent such content incorporates any Playbook Intellectual Property; and (ii) for the licenses granted herein. Except as expressly stated, these Participant Terms do not grant any rights, implied or otherwise, to any intellectual property. We own and retain all intellectual property rights in our Service, Playbook Content, and Playbook Marks, including any modifications and derivative works thereto (“Playbook Intellectual Property”), and to the extent you create any such modifications or derivative works, you hereby assign all intellectual property rights to such modifications and derivative works to Playbook.
5.3 License to Your Content: You grant us a limited irrevocable (except as provided in Section 4.7), perpetual, worldwide, nonexclusive, transferable, and royalty-free license to copy, use, reproduce, modify, publish, post, translate, create derivative works from, distribute, transmit, and display the content you create in connection with your participation in any Program through any medium or channel, including Playbook-branded digital channels, social media, or websites (including re-posting or re-sharing the original content), solely to promote Playbook and Playbook’s products and services.
6. Confidentiality
You will hold all information, materials or knowledge regarding us and our business, financial condition, products, programming techniques, customers, suppliers, technology or research and development that would reasonably be understood to be confidential (“Confidential Information”) in strict confidence and treat that information with the same degree of care as you use in dealing with your own confidential information, but no less than a reasonable degree of care. You will only use Confidential Information in relation to the Program. If you are an organization, you may share Confidential Information with your employees or professional advisors who need to know it and if they have agreed to terms at least as protective of the Confidential Information as those in these Participant Terms. Other than as allowed in the preceding sentence, you will not disclose or make Confidential Information available to any third-party, except as specifically authorized by us in writing.
7. Terms
The term of these Participant Terms will begin upon your registration for the Program. Either you or we may terminate your participation in a Program and these Participant Terms at any time, with or without cause, by giving the other party written notice of termination. Upon termination your rights to use any Affiliate Link, Playbook Content, and the Playbook Marks shall cease. We may hold accrued unpaid Fee income for a reasonable period of time following termination to ensure that the correct amount is paid (for example, to account for any cancellations, refunded subscriptions, or program compliance purposes).
8. Independent Contractor
You are an independent contractor and not an agent or employee of Playbook. You agree that you will not be entitled to any compensation, options, stock or other rights or benefits accorded to our employees.
9. Warranties
You represent, warrant, and covenant that (a) you will participate in the Program and create, maintain, and operate your website and marketing channels in accordance with these Participant Terms; (b) you are lawfully able to enter into this contract (e.g. you are not a minor); (c) you are not the subject of U.S. sanctions regulations or on any U.S. sanctioned parties lists; (d) the information you provide in connection with the Program is accurate and complete; (e) your participation in the Program will not constitute a conflict of interest or breach of any agreement, rule, guideline or policy applicable to your relationship with any previous or contemporaneous employer, academic institution, or any other party; (f) you have the full right and authority to enter into the Participant Terms and grant the rights herein; (g) your content is free and clear of liens or other third party claims; (h) any use of your content as authorized herein will not give rise to any claims, damages, liabilities, costs and expenses (including but not limited to claims of infringement, invasion of privacy or publicity, claims for payment of any monies such as re-use fees or residuals); and (i) the consent of no other person or entity is required in connection with these Participant Terms, your participation in the Program, or use of any of your content.
WE DO NOT MAKE ANY REPRESENTATION, WARRANTY, OR COVENANT REGARDING THE AMOUNT OF TRAFFIC OR FEES YOU CAN EXPECT AT ANY TIME IN CONNECTION WITH THE PROGRAM, AND WE WILL NOT BE LIABLE FOR ANY ACTIONS YOU UNDERTAKE BASED ON YOUR EXPECTATIONS. ANY INFORMATION OR MATERIALS PROVIDED BY US (INCLUDING ANY AFFILIATE LINK(S)) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT AFFILIATE LINKS MAY OPERATE ON A "LAST-CLICK" MODEL AND PLAYBOOK IS NOT RESPONSIBLE FOR ANY PAYMENT OF FEES IN THE EVENT A CUSTOMER TRANSACTION IS NOT COMPLETED USING YOUR AFFILIATE LINK OR CANNOT BE ACCURATELY ATTRIBUTED TO YOU.
10. Indemnification
You will defend, indemnify, and hold harmless Playbook, its officers, directors, employees, agents, and affiliates (“Indemnified Parties”) from and against any and all damages, liabilities, and expenses (including settlement costs and reasonable attorneys’ fees) incurred by Playbook arising from any third-party claims related to: (a) your breach of these Participant Terms or applicable law or regulation; (b) your website, your content, or materials used by you in connection with any Program; and (c) your negligence or willful misconduct. We will have the right to approve any counsel retained to defend against any claim in which Playbook is named a defendant, and we will not unreasonably withhold this approval. We will have the right to control and participate in the defense of any such claim concerning matters that relate to us at our expense, and you will not settle any claim without our reasonable consent. If, in our reasonable judgment, a conflict exists between the interests of us and you in such a claim, we may retain our own counsel whose reasonable fees will be paid by you.
11. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, (A) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES HOWEVER ARISING WHETHER OR NOT WE WERE AWARE OF THE POSSIBILITY OF THOSE DAMAGES AND DESPITE THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED IN THESE PARTICIPANT TERMS; AND (B) OUR LIABILITY ARISING OUT OF THESE PARTICIPANT TERMS WILL NOT EXCEED THE GREATER OF (i) THE AMOUNT ACTUALLY PAID OR PAYABLE TO YOU UNDER THESE PARTICIPANT TERMS FOR THE APPLICABLE PROGRAM IN THE TWELVE MONTHS PRIOR TO WHEN THE APPLICABLE CLAIM AROSE; or (ii) $300 USD.
12. General
12.1 Governing Law: These Participant Terms and related disputes will be governed by the laws of the State of California without regard to its conflicts of laws principles.
12.2 Arbitration: Any dispute, controversy, or claim arising out of or relating to the Participant Terms or to a breach thereof, including its interpretation, performance, or termination, will be finally resolved by arbitration in San Francisco, California, using the English language in accordance with the Rules of Arbitration of the International Chamber of Commerce, by one independent, disinterested commercial arbitrator appointed in accordance with such rules. The prevailing party in the arbitration will be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Notwithstanding the foregoing, each party will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief. For all purposes of this paragraph the sole jurisdiction and venue for actions related to the subject matter hereof will be the state and U.S. federal courts located in San Francisco, California, and both parties consent to the jurisdiction of such courts. BY ENTERING INTO THESE PARTICIPANT TERMS, PARTICIPANT AND PLAYBOOK ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY.
12.3 NO CLASS ACTIONS: You agree to resolve your claims with us solely on an individual basis, and not as part of a class, representative or consolidated action. This waiver is an independent covenant. You may opt-out of this Section by providing written notice of your decision within 30 days of the date that you first signed up for the Program.
12.4 Modifications: We may modify the Participant Terms from time to time, in which case the new Participant Terms will supersede prior versions. Your continued participation in the Program following the effective date of any such modification may be relied upon by Playbook as your consent to any such modifications.
12.5 No Assignment: You may not assign these Participant Terms, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, these Participant Terms will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
12.6 General: The Participant Terms supersedes any prior agreements or understandings between the parties regarding the subject matter hereunder. The Participant Terms, including all Program Policies, constitute the entire agreement between the parties related to this subject matter. Unenforceable provisions will be modified to reflect the parties’ intention and only to the extent necessary to make them enforceable, and the remaining provisions of the Participant Terms will remain in full effect. A waiver of any default is not a waiver of any subsequent default. There are no third-party beneficiaries to these Participant Terms.
12.7 Survival: All Sections in these Participant Terms which are either expressed to survive or which are by implication intended to survive termination or expiration of these Participant Terms shall continue to survive notwithstanding termination or expiration of the Participant Terms.
Last updated Dec 5, 2024