Affiliate Agreement

Updated: April 7, 2016
Last Updated: April 7, 2016

This affiliate agreement is between , a Wisconsin limited liability company (the “Company”), and you, the individual or entity signing up to become an affiliate (the “Affiliate”).

The Company has developed the WhaleCash affiliate marketing program (the “Program”) and wants to market the Program and associated content on the program sites listed at http://whalecash.com/whalecash/site/oursites.php (the “Program Sites”).

The Affiliate wants to participate in the Program.

The parties therefore agree as follows:

1. Enrollment in the Program

2. Affiliate Account

3. License

4. Program Restrictions

5. Affiliates Duty to Notify

6. Compensation

7. Affiliate Site Obligations

8. Signup Processing; Statistics and Reporting

9. Customer Policies and Pricing

Visitors referred by the Affiliate to the Program Sites are the Company’s customers with respect to all activities they undertake in connection with the Program Sites. Thus, as between the Affiliate and the Company, all pricing, terms, rules, policies, and operating procedures concerning customer signups and customer service set out on the Program Sites will apply to those customers, and the Company may change them at any time without notice to the Affiliate.

10. Statement of Fact

11. Confidentiality

12. Publicity

The Company may use the Affiliate’s trade names, trademarks, service marks, or logos in presentations, marketing materials, affiliate lists, financial reports, website listings of affiliates, or advertisements without advance written approval. The Affiliate may use the Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features so long as the Affiliate complies with this agreement.

13. Privacy

For information about how the Company collects, uses, and shares the Affiliate’s information, please review the Privacy Policy [insert as hyperlink to privacy policy]. The Affiliate acknowledges that by participating in the Program, the Affiliate consents to the Company’s collection, use, and sharing of this information, including the transfer of this information to the United States or other countries for storage, processing, and use by the Company.

14. Nonsolicitation

During this agreement and for one year after its termination, the Affiliate will not, either directly or indirectly, (1) solicit, divert, or hire away or try to solicit, divert, or hire away any person employed by the Company; or (2) solicit the business of any affiliate, customer, or partner of the Company, including soliciting or inducing any affiliate, customer, or partner to terminate or reduce its relationship with the Company.

15. Nondisparangement

During this agreement and for two years after its termination, the Affiliate will not take any action that is intended, or would reasonably be expected, to harm the Company or its reputation or that would reasonably be expected to lead to unwanted or unfavorable publicity to the Company. But nothing will prevent the Affiliate from making any truthful statement in connection with any legal proceeding or investigation by the Company or any governmental body.

16. Disclaimers

17. Limit of Liability

18. Scope of Disclaimer and Limitations

The disclaimers and limits stated in sections 16 and 17 apply to the greatest extent allowed by law, but no more. The Company does not intend to deprive the Affiliate of any mandatory protections provided to the Affiliate by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the limitation of some damages, or other matters, one or more of the disclaimers or limitations might not apply to the Affiliate.

19. Loss Payment (aka Indemnification)

20. Dispute Resolution