Affiliate Terms & Conditions
IMPORTANT – READ CAREFULLY: BY CLICKING THE “Sign up” or “Agree” BUTTON (or a similarly worded button), OR BY ACCESSING OR OTHERWISE USING ANY PART OF THE AFFILIATE PROGRAM AND COMPANY AFFILIATE PLATFORM PROVIDED, YOU EXPRESSLY AGREE TO BE BOUND BY, AND STRICTLY ADHERE TO, ALL OF THESE TERMS AND CONDITIONS (INCLUDING THE ARBITRATION PROVISION). IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE ANY PART OF THE AFFILIATE PROGRAM AND/OR COMPANY AFFILIATE PLATFORM.
The following Affiliate Terms & Conditions (“Terms and Conditions”) shall govern your (“Affiliate”) advertising and marketing activities undertaken to promote the products and services of Hertza L.L.C., dba ZeroBounce (“Company”) to prospective end users. Affiliate and Company are each a “Party” and, collectively, are the “Parties” hereto.
These Terms & Conditions are in addition to any other terms agreed to in connection with Affiliate’s participation in Company’s affiliate program (the “Affiliate Program”), including, as may be applicable, those set forth in the Impact Radius Master Campaign Agreement and any Electronic Insertion Order (“EIO”) entered into in connection therewith. To the extent that the Affiliate is participating in the Affiliate Program through the Impact Radius Platform, the Parties agree that these Terms and Conditions amend the terms of the Impact Radius Master Campaign Agreement.
Minimum Age. YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THIS SITE OR SIGN UP AS AN AFFILIATE. By signing up as an Affiliate, You attest that You and your employees, agents, and contractors are at least 18 years of age.
Company reserves the right, at any time and for any reason, to: (i) modify or discontinue the Affiliate Program; and (ii) modify these Terms and Conditions, upon providing notice to Affiliate. By continuing to participate in the Affiliate Program after updated Terms and Conditions become effective, Affiliate represents that it agrees to the updated Terms and Conditions.
These Terms & Conditions will be effective as of the date of the last recorded signature below (the “Effective Date”). By signing below, the Affiliate agrees to be bound by the following and to ensure that its employees, agents, and contractors abide by the following:
1. Definitions.
“Actions” means the completion of all necessary steps by the consumer, as deemed by the Company, so that the Company may acquire the consumer’s business as an End User, as a direct result of the Affiliate’s activities.
“Affiliate” or “You” means the person, persons, or entity that holds an account with Company to distribute advertisements via an agreed upon method. Terms referencing “Affiliate” or “You” apply equally to Affiliate, and Affiliate’s employee, agents, and contractors.
“Affiliate Program” means the Company’s affiliate program.
“Company” means Hertza L.L.C., dba ZeroBounce, and its directors, owners, officers, employees, agents, and contractors.
“Campaign” means an advertising campaign provided by the Company to You, either directly through the Company Affiliate Platform, or through the Impact Radius Platform.
“Company Affiliate Platform” means the affiliate platform owned and operated by Company.
“Electronic Insertion Order”/ “EIO” means the applicable electronic order containing supplemental terms and conditions agreed upon by the Parties governing a Campaign.
“End User” means a third party who becomes a paid user of any of Company’s products or services.
“Gross Sales” means all sales collected during a calendar month by Company from an End User referred by Affiliate through the use of the Company provided link, either via the Impact Radius Platform or the Company Affiliate Platform, and completion of registration as an End User, including any subscription sales, bulk credit sales, or “pay as you go” credit sales.
“Impact Radius Platform” means the third party platform owned and operated by Impact Radius.
“Impact Radius Master Campaign Agreement” refers to the terms of the Master Campaign Agreement agreed to between Affiliate and Impact Radius.
2. Payment. Prior to commencing any services hereunder, and to be eligible to receive any commission payment(s) hereunder, Affiliate must comply with the following requirements: (i) agree to these Terms and Conditions; (ii) accurately complete all requested information during Company’s affiliate account sign-up online process at: https://www.zerobounce.net/members/signin/register-affiliate-program and (iii) submit all necessary tax documents to Company (i.e., a completed Form W-9 for U.S.-based Affiliates, or Form W-8BEN or W-8BEN-E for non-U.S. based Affiliates). To the extent that the Affiliate is participating in the Affiliate Program through the Impact Radius Platform, Affiliate must also agree to any Impact Radius Platform terms, including the Impact Radius Master Campaign Agreement.
Unless otherwise agreed upon by the Parties, for a period of twelve (12) months from the date on which Company receives payment from an End User referred by Affiliate, the Affiliate’s commission rate shall be a flat eighteen percent (18%) on any Gross Sales. After the initial twelve (12) month period for an End User, the Affiliate’s commission rate will adjust to a flat five percent (5%) on any Gross Sales.
As an example: Affiliate A refers End User 1 to Company through the Affiliate Program. End User 1 makes its first payment to Company on March 1, 2025. Company will pay Affiliate eighteen percent (18%) commission for the first 12 months starting March 1, 2025. On March 2, 2026 (12 months after End User 1 has been a customer with Company), Company will reduce the Affiliate’s commission down to five percent (5%).
Affiliate is only eligible to receive Commissions for new End Users. Specifically, Affiliate is not eligible to receive Commissions for any End User who is an existing customer of Company; was previously a customer of Company; or who was previously referred to Company by a third party. Further, Affiliate is not eligible to receive Commissions for referred End Users in which Affiliate has an ownership or other beneficial interest (i.e., self-referrals). Company shall have reasonable and sole discretion to make any eligibility determinations.
Commissions are only paid to Affiliate once the corresponding revenue is actually received by Company. Affiliate is only eligible to earn commissions during the term of these Terms and Conditions and while Affiliate’s Affiliate Program account is in good standing. Upon termination of Affiliate’s Affiliate Program account by either Party, Affiliate is no longer eligible to receive commission payments.
Affiliate will be paid by Company, either through the Company Affiliate Platform or the Impact Radius Platform, in accordance with the applicable EIO. All payments will be in U.S. Dollars and are exclusive of any taxes to which Affiliate may be subject. Affiliate is responsible for payment of all taxes applicable to any payments made hereunder. All amounts payable by Company to Affiliate pursuant to this Agreement are subject to be offset by any amounts owed by Affiliate to Company. Affiliate will have seven (7) days to dispute the accuracy of any payment; such dispute must be provided to the Company in writing. Final determination of Gross Sales and commissions generated by Affiliate will be at the sole discretion of the Company and based upon the Company Affiliate Platform or the Impact Radius Platform, as applicable to the Affiliate.
3. Tracking. Company’s tracking code or pixel must remain inserted, in order to have Affiliate’s Actions tracked and paid. Where website integration tags are inserted in an advertisement, Affiliate agrees not to alter or remove such tags.
a. For Affiliates participating in the Affiliate Program through the Impact Radius Platform: as noted in the Impact Radius Master Campaign Agreement, unless an EIO states otherwise, all tracking and reporting of Actions shall be provided by the Impact Radius Platform.
b. For Affiliates participating in the Affiliate Program through the Company Affiliate Platform: unless an EIO states otherwise, all tracking and reporting of Actions shall be provided by the Company Affiliate Platform.
4. Collection and Use of Personal Information. Through Company's Affiliate Program registration process, Affiliate may be asked to provide personal and/or company information, which may include but is not limited to its name, company name, physical address, billing address, telephone number, facsimile number, e-mail address, website address, tax payer ID number or social security number, billing or payment information, and other identifying information. Company may share Affiliate’s personal information with its outside accounting firms, legal counsel, state and federal tax services and any government or law enforcement agency that requests such information.
5. Disclaimer of Warranty. To the extent permitted by applicable law, THE COMPANY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, OF NON-INFRINGEMENT, OF MERCHANTABILITY, OR OF FITNESS FOR A PARTICULAR PURPOSE, WITH REGARDS TO THE AFFILIATE’S USE OF OR DISPLAY OF ANY PROVIDED MATERIALS OR ADVERTISEMENTS, OR ANY AGREEMENT ENTERED INTO WITH AFFILIATE. No employee, agent, or contractor of Company is authorized to modify this limited warranty nor to make any additional warranties.
6. Limitation of Liability. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR (a) LOSS OF ANTICIPATED PROFITS, BUSINESS, REVENUE, GOODWILL OR OTHER LOSSES INCURRED IN CONNECTION WITH AFFILIATE’S SERVICES, SUCH CLAIMS BEING EXPRESSLY WAIVED; (b) FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, DIRECTLY OR INDIRECTLY ARISING FROM THESE TERMS AND CONDITIONS; (c) CLAIMS BY THIRD PARTIES THAT AFFILIATE HAS VIOLATED ANY LAWS OR RIGHTS OF THIRD PARTIES, AS AFFILIATE AGREES TO INDEMNIFY THE COMPANY FROM ALL SUCH CLAIMS; OR (d) FAILURE IN PERFORMANCE OF THESE TERMS AND CONDITIONS DUE TO CAUSES BEYOND ITS REASONABLE CONTROL INCLUDING, BUT NOT LIMITED TO, WORK STOPPAGES, FIRES, CIVIL DISOBEDIENCE, RIOTS, REBELLIONS, ACTS OF GOD, LAWS, REGULATIONS, ACTS OF THE GOVERNMENT, ACTS OF OTHER THIRD PARTIES, AND SIMILAR OCCURRENCES. In the event the Company is found liable for any act or inaction pursuant to these Terms and Conditions or the dealings between the Parties, the Company’s total cumulative liability for such breaches, losses, and injuries shall be the actual value of the damages or losses caused to the Affiliate, but in no event shall this amount exceed the total amount due to Affiliate at the time of the breach, loss, or injury.
7. Affiliate Warranties and Representations. Affiliate hereby warrants and represents that:
A. To the extent that the Affiliate is participating in the Affiliate Program through the Impact Radius Platform, Affiliate will comply with the restrictions listed in 4.2 of the Impact Radius Master Campaign Agreement. To the extent that the Affiliate is participating in the Affiliate Program through the Company Affiliate Platform, Affiliate will comply with any additional restrictions contained in any Company Affiliate Platform supplemental terms.
B. Affiliate will comply with all state and federal laws and regulations, including the CAN-SPAM Act of 2003, as amended. Affiliate acknowledges that any threatened or actual violation of this representation and warranty or any allegation of spamming by Affiliate may result in its immediate termination, withholding of future commission, disclosure of Affiliate’s identity to government agencies, law enforcement, or other third parties and/or the pursuit of all appropriate legal remedies.
C. Affiliate agrees that it will not transmit electronic mail messages to recipients on behalf of Company, without Company’s prior written approval.
D. For any electronic mail messages sent by Affiliate hereunder, Affiliate understands and agrees that it shall be the “Sender”, as defined in the CAN-SPAM Act and regulations promulgated pursuant thereto.
E. Affiliate will only transmit electronic mail messages to recipients who have provided their express affirmative consent to receive such commercial email messages. Affiliate must maintain records of the consumer’s opt-in, including collecting website URL, privacy policy for that website, time and date stamp of opt-in, and Internet Protocol (IP) Address used for opt-in, and provide those records to the Company upon request.
F. Affiliate will comply with the following procedures to allow a recipient to request not to receive future commercial electronic mail messages (the “Opt-Out Procedures”): Affiliate will include a clearly and conspicuously displayed, functioning return email address or other Internet-based mechanism that: (i) a recipient may use to request not to receive future commercial electronic mail messages from Company at the email address where the message was received; and (ii) remains capable of receiving such messages or communications for no less than 30 days after the transmission of the original message.
G. If a recipient makes a request using a mechanism provided by Affiliate not to receive some or any commercial electronic mail messages from Affiliate, then Affiliate (i) shall not initiate, assist, or cause any person to initiate or assist, the transmission to the recipient more than 10 business days after the receipt of such request of a commercial email message that falls within the scope of the request; and (ii) shall not sell, lease, exchange, or otherwise transfer or release the email address of the recipient (including through any transaction or other transfer involving mailing lists bearing the email address of the recipient) for any purpose other than compliance with any Federal, State, or local law, statute, regulation or ordinance.
H. Affiliate will not access any computer without authorization and intentionally initiate the transmission of multiple commercial electronic mail messages from or through such computer to accomplish any email broadcast.
I. Affiliate will not use a computer to relay or retransmit multiple commercial electronic mail messages with the intent to deceive or mislead recipients or any Internet access service as to the origin of such messages to accomplish any email broadcast.
J. Affiliate will not take any actions to falsify the header information in any commercial electronic mail messages including, but not limited to, the inclusion of header information that: (i) includes an originating email address, domain name, or Internet Protocol address the access to which was obtained by means of false or fraudulent pretenses or representations; (ii) fails to identify accurately a computer used to initiate the message because Affiliate knowingly uses another computer to relay or retransmit the message for purposes of disguising its origin; or (iii) is altered or concealed in a manner that would impair the ability of any person or Internet access service processing the message on behalf of a recipient, to identify, locate, or respond to Affiliate or to investigate the alleged violation, or the ability of a recipient of the message to respond to Affiliate and intentionally initiate the transmission of such messages to accomplish any email broadcast. Affiliate expressly agrees that it will register its domains with accurate information including a legally registered company name, address, email address and phone number. Affiliate will not use domains that are privately registered or registered through a proxy service.
K. Affiliate will not register any electronic mail or online user accounts using information that materially falsifies the identity of the actual registrant and intentionally initiate the transmission of multiple commercial electronic mail messages from any combination of such accounts or domain names to accomplish any email broadcast.
L. Affiliate will not falsely represent itself to be the registrant or the legitimate successor in interest to the registrant of any Internet Protocol addresses and intentionally initiate the transmission of multiple commercial electronic mail messages from such addresses to accomplish any email broadcast.
M. Affiliate will not falsify or forge any electronic mail transmission information or other routing information in any manner to accomplish any email broadcast.
N. Affiliate will not take any actions including, but not limited to, the inclusion of a subject heading that is misleading about a material fact regarding the contents or subject matter of the message to falsify the subject heading in any messages that are part of any email broadcast.
O. Affiliate will not take any actions to alter any message transmitted for the Company in a manner that would prevent that message from containing: (i) a clear and conspicuous identification that the message is an advertisement or solicitation; (ii) a clear and conspicuous notice of the opportunity to decline to receive further commercial electronic mail messages from Affiliate or Company; and (iii) a valid street address.
P. Affiliate will not display on their website nor disseminate material including, but not limited to, that which is illegal, obscene, pornographic, shows nudity, indecent, offensive to the average reasonable person, threatening, abusive, libelous, defamatory, discriminatory, promotes racism, bigotry or hatred; infringes on any intellectual property or is in violation of any copyright or trademark law; in violation of any right of privacy; that promotes harmful, unlawful, seditious, terrorism or other criminal activity; that could give rise to civil liability; that contains viruses, worms, a Trojan Horse or other harmful files; that spawns automatic pop-ups; that contains an unauthorized download to the end-user’s computer; that is software pirating; hacking or phreaking; that is in violation of the CAN SPAM ACT; is SPAM; that is in violation of any state or federal laws; or that appears or purports to be from someone other than the Affiliate or that impersonates another person or entity. Affiliate represents and warrants that Affiliate’s website, advertisements and links comply with all applicable laws.
Q. Affiliate will not use any fraudulent means to generate traffic or inflate clicks/leads. Affiliate will not participate in any spoofing, redirecting or trafficking from other websites in order to gain traffic. Affiliate will not use automated means to generate traffic. Affiliate acknowledges and agrees that it will not be paid for any traffic generated through fraudulent means and it will only be paid for traffic generated through a real live person taking the required action. Company will not pay for any fraudulent traffic and may take appropriate legal action to recover any losses incurred; whether or not traffic is deemed fraudulent is in the sole and absolute discretion of the Company. Affiliate must provide adequate proof upon request that traffic was not generated through fraudulent means however final determination will be in the discretion of the Company. Affiliate will forfeit all money due if the Affiliate engages in suspected or actual fraudulent behavior.
R. Affiliate will comply with all state and federal laws regarding solicitations to minors and will only include age appropriate materials in any emails or websites targeted for minors.
S. Where advertisements are posted on Affiliate’s website or where links to Affiliate’s website are provided, Affiliate will have a fully functional website as “under construction” sites are prohibited; that displays actual content and is not just a list of advertisements or links; that has a detailed privacy policy which clearly informs the consumer what personal information is collected and how that information is used and gives an option to opt-out of the use of personal information; does not make any unsubstantiated claims; and that does not appear or purport to be the website of the Company. Affiliate will comply with all laws regarding the use of testimonials and endorsements and will have appropriate disclaimers posted on their websites.
T. Affiliate agrees not to use incentivized traffic or incentivized ad placement, or to provide any incentive to the recipient of an electronic advertisement for any purpose including to induce the recipient to initiate an action, click on an ad or make a purchase. Incentives includes money, prizes, virtual currency, point systems and any other form of remuneration. The only exception to this section is for Campaigns that are clearly marked by the Company as allowing incentives.
U. Affiliate will comply with all rules of any social networking site where traffic is generated through ad placement on a social networking site or service.
V. Affiliate will not bid on any search terms that are trademarked, copyrighted or otherwise protected intellectual property of a third party, including those of the Company.
W. Affiliate will review and comply with the terms that are applicable to each Campaign and which will be specified in the Impact Radius Platform and/or the Company Affiliate Platform.
X. Affiliate will not make any changes or modifications to the creative materials or links which are provided by Company to Affiliate, without Company’s prior written consent. Affiliate acknowledges and agrees that it will use the provided From and Subject lines, creative materials, and links and that any changes or modifications to the above without written approval will result in a forfeiture of any commissions generated. Affiliate acknowledges and agrees not to add any text or images, other than Affiliate’s unsubscribe mechanism, to the creatives including, but not limited to, any hidden or invisible text. Affiliate further agrees not to re-broker any of the Campaigns.
Y. To the extent that Affiliate participates in search engine marketing, it may not link directly to Company’s website(s) using any affiliate links provided through the Impact Radius Platform and/or the Company Affiliate Platform. Affiliate may not cloak or mask the referring site URLs.
8. Indemnification, defense and notification.
Affiliate agrees that it will defend and hold harmless the Company, its owners, directors, officers, employees, and contractors (collectively, the “Covered Entities”) from and against any and all claims, actions or demand brought by or against the Company and/or any of the Covered Entities alleging: with respect to the Affiliate’s business, including the actions of Affiliate’s employees, contractors or other agents: (a) infringement or misappropriation of any intellectual property rights; (b) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; (c) any other offensive, harassing or illegal conduct or violation of any law, rule or regulation, including, the CAN SPAM ACT OF 2003, as amended; (d) any breach of the foregoing representations and warranties; or (e) any claim that the email transmissions are unsolicited or “spam”.
Affiliate hereby agrees to indemnify the Company and each Covered Entity from and against all damages, costs, and fees awarded in favor of third parties, and Affiliate will indemnify and hold harmless the Company each Covered Entity from and against all claims, demand, liabilities, losses, damages, expenses and costs (including reasonable attorney’s fees) (collectively, “Losses”) suffered by the Company and each Covered Entity which Losses result from or arise out of Affiliate’s use of the Affiliate Program, the operation of Affiliate’s business, the violation by Affiliate of any law, rule or regulation, or a breach of these Terms and Conditions.
Affiliate will provide the Company with prompt written notice of each any claim of which Affiliate becomes aware which may affect a Covered Entities’ interests.
9. Relationship of Parties. Company and Affiliate are independent contractors and these Terms and Conditions will not establish any relationship of partnership, joint venture, employment, franchise or agency between Company and Affiliate. Neither Company nor Affiliate will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided herein.
10. Copyright. All content on Company’s website, www.zerobounce.net (the “Site”), including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, and the compilation of all content on this Site, as well as all software used on this Site is the property of Company, and is protected by United States and international copyright laws. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Site without the express, written consent of Company.
11. Trademarks. The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin (“Trademarks”) of Company may not be used in connection with any business, product, or service whose source is not Company, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits Company or any of its affiliates. Affiliate shall not utilize Company’s Trademarks in any manner apart from the Company provided creative materials and links, in conjunction with the agreed upon services. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress or other indicia of trade origin of Company, its affiliates, or advertisers displayed or contained in the Site without the express, written consent of Company, its affiliates, or advertisers.
12. Confidentiality. Affiliate acknowledges that during the course of its relationship with the Company, Affiliate may have access to confidential business information of the Company, its clients and other affiliates and agrees to maintain the confidentiality of that information during the term of these Terms and Conditions and for a period of three years following termination. Affiliate agrees not to disclose to any third party the specifics, type, nature, or profitability of any Campaigns or advertisements which are displayed on behalf of Company.
13. OFAC Compliance. You represent and warrant that You are: (i) not a resident of a country sanctioned by the Office of Foreign Assets Control, Department of the Treasury (“OFAC”); (ii) not currently identified on the Specially Designated Nationals and Blocked Persons List maintained by OFAC and/or on any other similar list maintained by the OFAC pursuant to any authorizing statute, executive order or regulation; (iii) not a person or entity with whom a citizen of the United States is prohibited to engage in transactions by any trade embargo, economic sanction, or other prohibition of United States law, regulation, or executive order of the President of the United States; (iv) not engaged in any activity or conduct that would breach any anti-corruption laws or anti-money laundering laws; and (v) not currently under investigation by any governmental authority for alleged criminal activity relating to the OFAC, Patriot Act Offenses, anti-corruption laws or anti-money laundering laws.
14. Termination. Either Party may terminate these Terms and Conditions by providing the other party with three (3) days’ notice. Further, if Affiliate breaches these Terms and Conditions, violates any regulation, law or government mandate or infringes on any right of third parties, the Company may immediately terminate Affiliate and without any additional notice. The Company will promptly pay any monies due to Affiliate minus any monies incurred or revenues lost due to Affiliate’s breach. Upon termination, Affiliate shall immediately cease all right to use the creative materials and links.
15. Entire Agreement and Amendments. This writing is intended by the Parties as a final expression of their agreement. No course of prior dealings between the Parties and no usage of trade shall be relevant to supplement or explain any term used in these Terms and Conditions. No amendment or extension of these Terms and Conditions shall be binding unless in writing and signed by both Parties. If either Party is required to agree to online terms and conditions in order to access the other’s website or to access a tracking platform, downloading creative materials or for any other purpose, in the event of any conflict, these Terms and Conditions shall prevail. In the event of a conflict between these Terms & Conditions, the Impact Radius Master Campaign Agreement, any Company Affiliate Platform supplemental terms, and any Electronic Insertion Order (“EIO”) entered into in connection therewith, the EIO shall prevail to the extent of any direct conflict.
16. No Assignment. Affiliate may not assign these Terms and Conditions or any rights hereunder without the express written consent of the Company. These Terms and Conditions are binding on the Parties’ respective successors and permitted assigns.
17. Severability. If a court or arbitrator of competent jurisdiction holds any provision of these Terms and Conditions to be illegal, unenforceable or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected.
18. Waiver. Failure to invoke any right, condition or covenant in these Terms and Conditions by either Party shall not be deemed to imply or constitute a waiver of any rights, condition or covenant and neither Party may rely on such failure. No claim or right arising out of the breach of these Terms and Conditions can be discharged in whole or in part by a waiver or renunciation of such claim or right unless the waiver or renunciation is in writing signed by the aggrieved Party.
19. Attorney’s Fees. In any action brought to enforce any provision of these Terms and Conditions, the losing Party shall pay the prevailing Party’s reasonable attorney’s fees and costs.
20. Governing Law. These Terms and Conditions and all rights and obligations hereunder, including matters of construction, validity, and performance, will be governed by and construed according to the laws of the State of Nevada, without regard to principles of conflict of laws. Except for injunctive relief claims related to confidentiality breaches, any claim or controversy arising out of or relating to these Terms and Conditions, or the breach thereof, shall be settled by binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Arbitration hereunder shall be conducted by one neutral arbitrator appointed by JAMS. The place of arbitration shall be Las Vegas, Nevada. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to this arbitration clause. Any disputes, including any threshold disagreement about the arbitrability of any claim, shall be delegated to the arbitrator (and not a court). In no event shall the arbitrator have any authority to award punitive or other damages not measured by the prevailing Party’s actual damages, except as may be required by statute. In no event shall the arbitrator determine or award any alternative allocation of costs and expenses, including any attorney’s fees, unless a statute specifically authorizes such an award. The Parties’ respective responsibilities to pay any JAMS filing, administrative, and the arbitrator’s fees will be solely in accordance with the JAMS Comprehensive Arbitration Rules and Procedures. Except as otherwise provided herein and irrespective of the outcome of arbitration, each party shall bear its own costs and expenses, including its own attorney’s fees. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. You agree and submit to the personal jurisdiction and venue of any such court of competent jurisdiction. In the event that this arbitration clause is deemed to be invalid or otherwise unenforceable or illegal, the remaining terms of this Agreement shall remain in full force and effect. YOU SHALL HAVE THIRTY (30) DAYS TO OPT OUT OF THIS ARBITRATION SECTION BY PROVIDING WRITTEN NOTICE TO US. AFTER THIRTY (30) DAYS, THE TERMS OF THIS SECTION HEREBY BECOME FINAL AND BINDING.
21. E-Sign Consent. By entering the information requested in the prompts and/or fields to Create Your Affiliate Program Account and/or to gain access to the Company Affiliate Platform and clicking “Sign up” or “Agree” (or a similarly worded button), you confirm that you intend to sign and adopt such as your electronic signature; and consent and agree that Company may provide you with electronic communications and disclosures (collectively, “Communications”) via email at the email address you provided at the time of sign up; and that your electronic signature on agreements and documents has the same effect as if you signed them in writing. You have the right to withdraw consent: to withdraw your consent at no charge, you may email Company at support@zerobounce.net. Withdrawal of your consent may result in termination of your access to the Affiliate Program and Company Affiliate Platform. Any withdrawal will be effective only after a reasonable period of time for Company to process the withdrawal. You are responsible for providing Company with true and accurate information, including your contact information, and may update your information by emailing Company. To access and retain the Communications, you will need the following: computer or mobile device with access/use of the internet or mobile connectivity and an operating system capable of receiving, accessing, and displaying Communications; a supported internet browser; sufficient storage space to save Communications and/or a printer to print them; and a valid email account and software to access such email account. You have the right to receive Communications in paper or in nonelectronic form. Please contact Company at support@zerobounce.net to request a paper copy of any Communications at no charge. A request will not be treated as a withdrawal of consent to receive electronic Communications.
Affiliate acknowledges that they have read these Terms and Conditions, understands them and agrees to be bound by and to honor the above Terms and Conditions.
Please print a copy of these Terms and Conditions for your records.
Last Revised: May 27, 2026