Referral Partner Program
Terms and Conditions

Referral Partner Program
Terms and Conditions

Updated: March 31, 2022

Please fully read and understand the Launch Engine Referral Partner Program Terms and Conditions before applying.

WELCOME
The following Terms and Conditions (T&C, Terms or Agreement) apply to your participation in the Referral Partner Program offered by Current Media Group, LLC d.b.a. Launch Engine (we, us, our) or any of our Partner entities. The Referral Partner Program (the Program) allows you (the Referral Partner) to promote Launch Engine’s services and receive commissions as set out in this T&C. The Terms and Conditions incorporate by reference our Acceptable Use Policy (AUP) and our Privacy Policy.

We may update this Agreement from time-to-time. In the event of a material change to this Agreement, we will provide you with written notice. Your continued participation in the Referral Partner Program following such updates constitutes your acceptance of the same. If you do not agree to the terms of any modification, you must terminate your Referral Partner account within 10 business days of the date of the amendment. Only a Launch Engine officer may alter this T&C. No agent of, or person employed by or under contract with, Launch Engine has any authority to alter or vary this T&C in any way. No oral explanation or oral information given by any party shall alter the interpretation of this T&C.

REFERRAL PARTNER PROGRAM PARTICIPATION
Enrollment in the Referral Partner Program requires application through the signup form on the Launch Engine website (the Website). We review all Referral Partner signups before we decide if an application will be accepted. Your application may be rejected if we determine that you are not suitable for the Program for any reason.

REFERRAL PARTNER RESPONSIBILITIES
As a Launch Engine Referral Partner you agree that:

  • You are responsible for providing us with full and accurate account information and for keeping that information up to date. Such information includes, but is not limited to: contact details, all website URL(s) where Launch Engine will be promoted, promotional practices and means, payment details, tax information and any other details we may require. We reserve the right to request additional data regarding all the websites where you promote Launch Engine and the promotional practices you use. Failure to provide accurate information may result in exclusion from the Referral Partner Program, suspension or termination of your Referral Partner account and forfeiture of any commissions.
  • You should not take actions or make recommendations to your referrals that result in a potential revenue loss for Launch Engine.
  • You should not engage in incentivized programs and business-opportunity sites, using marketing practices that might be unethical or likely to attract customers not in good standing.
  • You should not use on behalf of your referrals or encourage your referrals to use on their Launch Engine websites any copyrighted or third-party material without the proper licenses.
  • You should not copy, alter or modify any icons, buttons, banners, graphics, files or content contained in Launch Engine’s Links, including but not limited to removing or altering any copyright or trademark notices, without prior written approval from us.
  • You should not engage in any black hat SEO/SPAM link building techniques in order to generate more referrals for Launch Engine.
  • You agree not to violate any applicable law.
  • You should be loyal to Launch Engine and should not misuse its confidence and shall not damage its reputation.
  • You are required to disclose the Referral Partner relationship with Launch Engine on your website.
  • You shall not self-refer or refer a site to another party within an organization. You shall not refer sites to a member of their immediate families unless a formal business arrangement exists and the family member is a paying customer.

If we detect a pattern in your Referral Partner practices that in our reasonable opinion violates any aspect of the T&C, we reserve the right to suspend or terminate your Referral Partner account and cancel all outstanding commission payments due.

ADVERTISING
When advertising our services, you should use only promotional materials approved by Launch Engine. Approved materials are only those we provide in your Referral Partner Portal or the ones that a Launch Engine representative approves in writing. Approved materials may contain the Launch Engine trade names, service marks, and/or logos for display on your Referral Partner Site and slogans. We hereby grant you a limited, non-exclusive, non-transferable license to access and download such promotional materials for placement on your website for the sole and exclusive purpose of promoting websites owned, operated or controlled by Launch Engine. By using such promotional materials, you agree to work with us in order to establish and maintain approved promotional materials.

Upon termination of your Referral Partner account the limited, non-exclusive license to access and download promotional materials of Launch Engine shall be automatically withdrawn.

Inappropriate ways of advertising include, but are not limited to:

  • Using any illegal or SPAM method of advertising, e.g. unsolicited email, unauthorized placing of the link in forums, newsgroups, message boards etc.;
  • Bidding on keywords and phrases containing the “Launch Engine” trademark, or variations or misspellings of the trademarked term on Pay per Click or Pay per Impression campaigns on the search engines (Google, Yahoo, Bing or others) without our prior approval. You are not allowed to use the Launch Engine Website(s) as display URL in PPC ads and to direct-link or redirect to the Launch Engine Website(s);
  • Using non-unique copyright infringing content to promote Launch Engine;
  • Using traffic generated by pay to read, pay to click, banner exchanges, click exchanges, PPV advertising, pop-up/under, or similar methods;
  • Providing cash backs, rewards or any other kind of incentives to obtain the sale without our prior approval;
  • Offering price savings methods, including coupon(s), voucher(s), discount codes, or added value offers without our prior approval;
  • Using our advertising and promotional materials, trademark or name in a way which negatively affects our image;
  • Using techniques or technology that places your Referral Partner tracking cookie by any means other than an actual click-through;
  • Using link cloaking or masking techniques or technology with the goal to promote Launch Engine on websites and/or networks not explicitly listed in your Referral Partner profile and hiding that traffic source;
  • Your website(s) must NOT contain lewd, obscene, illegal or pornographic material, or any other material that is deemed to be objectionable. This includes, but is not limited to, bigotry, hatred, pornography, satanic materials, trademark and copyright materials, all content of an adult nature, etc. The designation of any materials as such is subject to our reasonable opinion;
  • Your domain name(s), company name, logo, trademark, product(s), project(s), service(s) must NOT contain keywords and phrases containing the “Launch Engine” trademark or any other variations or misspellings confusingly similar to Launch Engine trademark, name, logo or domain name, without our prior approval;
  • Your domain name(s), company name, logo, trademark, your product(s), project(s), service(s) must NOT contain keywords and phrases that contain or are confusingly similar to third-party trademarks, names, logos or domain names, unless you have been duly authorized by the trademark owner.

Launch Engine shall have the sole right to decide if a promotional method you use is appropriate. The use of any advertising method that we consider inappropriate may result in warning, suspension or termination of your Referral Partner account and cancellation of all outstanding commission payments due.

TRACKING COOKIES
We track Referral Partner sales automatically by the use of cookies. The cookies are placed in the browser of the user that clicks on the Referral Partner link to reach our website. Each cookie is stored for 30 days. If there is a previous Referral Partner cookie in the same user’s browser the new cookies will overwrite it. Launch Engine is not responsible for cookies intentionally deleted by users.

COMMISSIONS
We shall pay you a recurring monthly commission for any valid sale you refer to Launch Engine. For a valid sale ALL of the following are true:

  • The sale was made as a result of your active referral efforts. We determine that if any of the following is true:
    • At the time of order the customer has an active cookie indicating you as the last Partner who referred them to our website, provided that the customer has not reached our website through a search engine with a search string not containing the Launch Engine name;
    • You claim that you have referred a customer no later than 2 months from their order date, the customer does not object to that claim and we do not have information that attributes the sale to another advertising channel.
  • Your Referral Partner account must be active at the time of the sale. No commission is due for sales that were made before you registered for our Referral Partner Program.
  • The customer you refer has not used our services before and has not signed up for a Referral Partner account with us before.
  • The customer completed their order processes without any assistance from you, including when you act on behalf of the customer.
  • The sale is for any of our website plans. Sales for other services or additional account features do not qualify for commissions.
  • The referred customer has maintained an active account, with a domain name pointed to a live website on our servers for a minimum of 30 days.
  • Launch Engine’s obligation to pay Referral Partner is contingent upon Launch Engine receiving payment from the referred customer in accordance with the customer Terms and Conditions. The Referred customer’s account with Launch Engine must be in good standing at the time of payout or any Referral Partner commission will be forfeited.
  • Sales of website plans that are cancelled by the customer or suspended by Launch Engine for any reason do not qualify for an Referral Partner commission.
  • The initial order payment and any related service renewal payments of the referred customer are fully processed and are not subject to refund or chargeback.

The Referral Partner must be actively promoting Launch Engine services. If the Referral Partner stops promoting Launch Engine services or there are no new referred signups for more than three(3) consecutive months, ALL recurring monthly commission payments will stop and the Referral Partner’s account will be suspended.

We reserve the right to mark any sale as invalid at our own discretion, without providing any explanation or justification.

COMMISSION PAYMENTS
Launch Engine shall pay all Referral Partner commissions based on the structure and in the currency outlined on the Referral Partner Program signup page, unless a custom agreement exists in writing. Any commissions earned for valid sales will be paid out after a holding period of 30 days. We reserve the right to extend the holding period as set out in the T&C and without prior notice for as long as is reasonably necessary in order to establish the validity of a sale.

We process commission payouts once per month. Referral Partner commissions are paid out via PayPal and you are responsible for any transaction fees, unless a custom agreement applies.

You are solely responsible for keeping all your information up to date including postal and email addresses, name, payment information, tax information and any other personal information that will impact our ability to process a commission payout. We will suspend commission payouts until we have all required details, including your tax information. Payout on suspended commissions can be claimed up to 3 months from the date they would have been originally due for payment.

We may suspend your commission payouts at any time and for any period, if we suspect fraudulent or other improper activity or a potential violation of this Agreement by you or any customer you refer.

We reserve the right to deduct from your current and future commissions any and all commissions paid out for sales that are fraudulent, questionable, or canceled. Where no current and future commissions are due, we will send you a bill for the balance of such refunded purchase upon termination of the program or termination of the referred customer account.

INVOICING
We shall provide you with a statement of commissions due in you Referral Partner Portal.

If applicable for your country of residence, we will issue self-billing invoices for all commission payouts, including applicable taxes. The Referral Partner Program Terms and Conditions will be considered a valid Self-billing Agreement between you and Launch Engine that shall continue until termination of your Referral Partner account. By signing up for our Referral Partner Program you agree to accept self-billing invoices raised by Launch Engine on your behalf, not to raise any sales invoices for the commission payouts you receive from Launch Engine and to notify us immediately if you change your name, company details or tax registration status.

RELATIONSHIP OF THE PARTIES
Both Launch Engine and the Referral Partner agree that they enter into this Agreements as independent contractors, and nothing in this Agreement will create any Referral Partnership, joint venture, agency franchise, sales representative, or employment relationship between them. The Referral Partner has no authority to make or accept any offers or representations on the behalf of Launch Engine. The Referral Partner cannot make any statement, whether on the Referral Partner website or otherwise, that reasonably would contradict anything in this section.

ACCOUNT TERMINATION
You can cancel and terminate your Referral Partner account at any time by contacting us through your Referral Partner Portal. We will send you written confirmation that your account has been terminated.

Launch Engine can terminate a Referral Partner account:

  • With a seven-day prior notice without explanation.
  • Immediately with no prior notice, if you or your Referral Partner account violate the Referral Partner Program Terms and Conditions.
  • Immediately with no prior notice, if you have not generated any sales for a period longer than 6 months.

Once an Referral Partner account is terminated, we will no longer track the sales associated with the Referral Partner and you will not qualify for future Referral Partner commissions. Any commissions due at the time of termination will be paid to the Referral Partner after any holding period and in accordance with a regular payout cycle. No outstanding commission payments will be due if we terminate your account because of violation of this T&C.

Upon termination of the Referral Partner account, the Referral Partner is obliged within 3 business days to remove all promotional materials, trademarks, links, logos and slogans of Launch Engine from their web site. This provision shall survive the termination of the Agreement. After the termination of this Agreement, the Referral Partner shall not have the right to use Launch Engine trademark(s), logo and slogans and shall refrain from any actions which may directly or indirectly adversely affect the image and reputation of Launch Engine, as well the business relations with its current and potential clients.

Upon termination of the Referral Partner account, this Agreement shall be automatically terminated.

LIMITATION OF LIABILITY AND REMEDIES
IN NO EVENT SHALL OUR LIABILITY ARISING OUT OF, OR RELATED TO, THIS AGREEMENT, FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE AMOUNT OF FEES PAID OR OWED BY REFERRAL PARTNER TO US IN THE ONE MONTH PRECEDING THE CLAIM.

IN NO EVENT SHALL WE OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS HAVE ANY LIABILITY TO REFERRAL PARTNER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY INTERRUPTION IN THE SERVICES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE DISCLAIMERS AND LIMITATIONS PROVIDED HEREIN DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

This provision shall survive termination of the Agreement.

INDEMNIFICATION
You agree to defend us against any claim, demand, suit or proceeding made or brought against us by a third party arising out of your conduct that constitutes a violation of our Authorized Use Policy. Customer will indemnify us for damages finally awarded against us in connection with any such claim (or for a settlement amount Customer consents to).

GENERAL PROVISIONS
Governing Law and Venue. This Agreement is governed by the laws of the State of New Jersey, without regard to its choice of law statutes. Any disputes must be brought in the U.S. District Court for the District of New Jersey, located in Newark, NJ. The parties agree that venue and jurisdiction is proper in this court and agree not to contest notice from this court. The United Nations Convention on the International Sale of Goods is disclaimed. EACH PARTY WAIVES ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY RISING OUT OF, OR RELATED TO, THIS AGREEMENT.  The parties further agree that the pricing and terms of this Agreement were made in reliance upon agreement to this paragraph.

ARBITRATION AND CLASS ACTION WAIVER. Both parties agree that, except as otherwise provided herein, all disputes (including any dispute involving interpretation, applicability, enforceability, or formation of the Agreement, including any claim that the Agreement or any part of it is void or voidable) will be resolved by binding, individual arbitration under the American Arbitration Association’s rules. Both parties waive trial by jury. As an alternative, either party may bring a claim in Customer’s local “small claims” court if permitted by that court’s rules. Additionally, either party may seek emergency injunctive relief by filing for such in accordance with the Governing Law and Venue section above. Customer may bring claims only on its own behalf. Neither party may participate in a class action or class-wide arbitration for any claims covered by this Agreement. Customer also agrees not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either party may elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. Current Media Group LLC will pay all arbitration fees (excluding attorneys’ fees) for claims less than $10,000. Current Media Group LLC will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

You may opt out of this agreement to arbitrate. If Customer does opt out, neither party can require the other to participate in an arbitration proceeding. To opt out, Customer must notify us in writing, via mail address, within thirty (30) days of the date that Customer first became subject to this arbitration provision: Current Media Group LLC. ATTN: LEGAL – Arbitration Opt-Out, P.O. Box 392, Augusta, NJ 07822. Customer must include their name, residence address, and a clear statement that Customer wants to opt out of this arbitration agreement. If the prohibition against class actions and other claims brought on behalf of third parties or arbitration clause contained above is found to be unenforceable or if Customer opts-out of arbitration then all of the preceding language in this section will be null and void and the Governing Law and Venue section shall control. This arbitration agreement will survive the termination of Customer’s relationship with us. The parties further agree that the pricing and terms of this Agreement were made in reliance upon agreement to this paragraph.

Amendment and Waiver. Except as expressly provided herein, this Agreement, including any other contracts incorporated by reference, may only be amended as agreed by the parties in a written amendment (including by a click-to-accept that is accepted by you or Authorized User). The parties further agree that upgrades (e.g. moving up a service plan level), downgrades (e.g. moving down a service plan level), and additional services (e.g. adding account management services) may be agreed via electronic communication (e.g. ticket or email) that is acknowledged by authorized representatives for both parties. If one party fails to exercise, or delays exercising, any right, remedy or power set out in this Agreement, this will not operate as a waiver of that right, remedy or power, whether under this Agreement or at law or equity.

Assignment. Neither party may assign this Agreement, in whole or in part, without the other party’s prior written consent, provided that no consent is required in connection with a merger, reorganization, sale of assets or similar transaction. Any purported assignment in violation of this section shall be null and void. The Agreement will be binding on all permitted successors and assigns.

Severability. Any provision in this Agreement that is held to be illegal or unenforceable in any jurisdiction will be effective only up to the extent of such illegality or unenforceability, if possible, and will not invalidate the remaining provisions of the paragraph or this Agreement.  To the largest extent possible, the illegal or unenforceable provision will be restated to reflect the parties’ intent.

Entire Agreement. This Agreement, and any document incorporated by reference, states the entire agreement between the parties with respect to the subject matter and supersedes all previous proposals, negotiations and other written or oral communications between the parties. Customer’s pre-printed purchase orders will have no force or effect.

Order of Precedence. If there is a conflict between this Agreement and any contracts incorporated by reference, they shall have the following precedence: Order, Agreement, then the applicable exhibit or other referenced document.

Force Majeure. We shall not be deemed to be in default of this Agreement, or to have breached any of its provisions, as a result of a delay, failure in performance, or interruption in the Services which result, either directly or indirectly, from any circumstances beyond our reasonable control including acts of god, acts of civil or military authority, civil disturbance, war, strikes, fire, laws, regulations, governmental acts, third party network unavailability, and/or failure of telecommunication facilities.

Third Party Beneficiaries; Relationship. There are no third party beneficiaries to this Agreement. Nothing contained in this Agreement will be deemed or construed as creating a joint venture or partnership. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. Neither party has the authority to make any representations, claims or warranties of any kind on behalf of the other party, nor on behalf of that party’s affiliates, agents, subcontractors, licensors or third-party suppliers.

Notices. Except as otherwise required herein, notices shall be effective when delivered, as indicated by a delivery receipt, or, in the case of notices delivered by post, five business days after being mailed to the designated address by first class mail. Notices to you may be made to the address set out in our customer record or electronically, through the Customer’s portal or via email to an Authorized User. You will send all notices to us at the following address: Current Media Group LLC. ATTN: Legal Department, P.O. Box 392, Augusta, NJ 07822.

Survival. Any provision of this Agreement that contemplates performance or observance subsequent to termination or expiration of this Agreement (including, without limitation, confidentiality, limitation of liability and indemnification) will survive termination or expiration and continue in full force and effect.