Referral Agreement

Referral Program Overview

• Commission on Sales: Referrers earn a 15% commission on all sales generated through their referral link for website templates and digital products.

• Discount for Referrer's Community: Referrers receive a unique discount code offering a 15% discount to share with their community for website templates and digital products (excluding 1:1 services).

• Custom Website Referral Bonus: Referrers earn a $250 bonus when a referred client books a Semi-Custom or Custom Website service. The referred client also receives $250 off their project.

Application Process

To participate in the Referral Program, the Referrer must meet the following criteria:

Eligibility

• Applicants must be 18 years or older to apply.

• Applicants must have an active, fully operational website with their own domain name.

• Applicants must be located in the United States.

Website Content Requirements

Referrers will be reviewed for the following:

• Websites must not publish low-quality or irrelevant content.

• Websites must provide adequate information about listed resources in designated areas.

• Affiliate disclosures must be present and visible on the website in accordance with Federal Trade Commission (FTC) guidelines.

Prohibited Activities

• Referrers must not register or use domains that contain the Company's name or any similar term.

• Referrers may not list coupon codes or discounts not officially provided by the Company.

• Websites must not promote or host content related to sexually explicit materials, violence, discrimination, or illegal activities.

Approval Process

Applications are reviewed weekly, and applicants will be notified of their acceptance status after a thorough review of their website and content.

Commission and Payment Terms

Commission Structure

Website Templates and Digital Products: Referrers will earn a 15% commission on all sales generated through their unique referral link. Commissions will not be paid on purchases made by the Referrer or any representatives of the Referrer’s business. If the Referrer makes 50 or more sales, their commission rate will increase to a maximum of 25% for future sales.

No additional compensation will be provided beyond the agreed-upon commission payments under this Agreement.

Custom and Semi-Custom Website Projects: Referrers will receive a one-time referral bonus of $250 for each referred client who signs a contract and submits full payment for a Semi-Custom or Custom Website service with the Company. The referred client will also receive a $250 discount on their project.

Commissions will only be paid for sales tracked through the Company’s Inquiry Form on the Website and where the Referrer is indicated as the source either before or during the first “Complimentary Call” phase. Commissions will not be paid on purchases made by the Referrer or Referrer’s business representatives.

General Conditions

Both the Referrer and the Company recognize that the compensation offered through this program is fair, comparable to what is typically paid in the marketplace for similar services, and represents adequate compensation for the Referrer’s efforts.

The Referrer understands that the Company’s ability to pay commissions depends entirely on the Referrer’s own marketing efforts and professional performance.

The Referrer will be fully responsible for any costs related to maintaining or marketing their participation in the Referral Program. This includes, but is not limited to, costs associated with the creation, hosting, modification, or improvements to the Referrer’s website, as well as any costs for online and offline marketing, postage, and other related expenses.

The Company reserves the right to reject any orders or services at its discretion and for any reason.

Cookie/ Referral Window

The Referrer’s unique cookie will remain active for a period of 365 days from the date a user clicks on the referral link. If a referred user does not complete a purchase immediately but returns to make a purchase within this 365-day period, the Referrer will be credited with the corresponding commission.

Discount Code

Referrers will be provided with a unique 15% discount code to share with their community for website templates and digital products (excludes 1:1 services).

Coupon Code and Promotional Adjustments

During promotional periods or when purchases are made with a coupon code, commissions will be reduced. The reduced rate will be communicated during the promotion.

Payment Schedule

• Commissions are calculated and paid out monthly via PayPal, 30 days after the sale or completion of the project. Payments are made only for transactions successfully tracked through the Company’s referral system.

• Commissions for custom websites are paid after the client has signed a contract and made full payment.

• Payments are sent via PayPal between the 15th and 20th of each month.

Returns and Refunds

Sales are final, but if a customer qualifies for an exception and returns a product or requests a refund, the corresponding commission will be deducted from the referrer’s next payment.

Assignment

Referrer acknowledges that this is a personal services agreement, and there is no right to assign, transfer, delegate, or subcontract any of the rights or obligations under this Agreement without the prior written consent of the Company.

Independent Contractor

It is understood that Referrer is an independent contractor and not an employee or agent of the Company. Referrer has no authority to commit, act for, or bind the Company to any obligations or liabilities. Referrer shall not be eligible for any employee benefits and is solely responsible for all taxes and fees relating to the earnings from this Agreement.

Disclaimer of Warranties

Referrer represents, warrants, and covenants that its website does not and will not contain any materials that are illegal and that the Referrer’s site is not operated for an illegal purpose or in an illegal manner. 

Referrer shall not provide or authorize the provision of medical, legal, or other professional advice with the promotion of Company’s products or services. Except for the express warranties provided throughout this Agreement, neither party makes any other warranties, express or implied.

Referrer Responsibilities

Use of Referral Link and Promotional Materials

• Referrers may only use the referral link and any promotional materials provided by the Company for the purpose of promoting the Company’s website, products, and services.

• Referrers may not create or design their website, social media, or promotional materials in a way that misleads visitors to believe they are the Company or that they represent the Company directly.

• Referrers must use any provided promotional materials in accordance with the specifications outlined by the Company.

Affiliate Disclosure

Referrers must disclose that their links are affiliate links in compliance with Federal Trade Commission (FTC) guidelines. Disclosures should be clear and visible in all promotional efforts.

Referral Tracking

Referrers are responsible for ensuring their referral link is set up correctly. The Company is not responsible for lost commissions due to incorrect link setup or tracking issues.

Responsibility for Website Content

Referrers are responsible for ensuring all content on their website is original and does not infringe on any third-party rights, including copyrights, trademarks, or privacy rights.

Accurate Information

• Referrers must provide the Company with accurate and up-to-date identity, contact information, business information, and payment email addresses, as well as any requested tax documentation (e.g., W9 or W8BEN).

• Use of aliases, pseudonyms, or other means to mask identity is prohibited. Referrers are responsible for updating their information promptly if there are changes. The Company will not resend payments due to incorrect payment details.

Payment Information

Referrers must keep their contact and payment information up to date. The Company is not responsible for payments sent to incorrect or outdated contact details and will not resend payments due to incorrect payment details.

Compliance with Anti-SPAM Laws

Referrers must comply with all applicable anti-SPAM laws. Any use of unsolicited emails or messages (SPAM) to generate referrals will result in immediate termination from the Referral Program and forfeiture of any unpaid commissions.

Promotional Materials and Intellectual Property

License to Use Promotional Materials

• The Company grants Referrer a limited, non-exclusive, revocable license to use the promotional materials provided by the Company solely for the purpose of promoting the Company's products and services.

• The promotional materials will be used to link only to the website and social media pages specified by Company.

• Referrers are not permitted to modify, alter, or create derivative works from the Company's promotional materials without prior written consent.

Intellectual Property Ownership

• All content, logos, and materials provided by the Company remain the sole intellectual property of the Company.

• The use of the Company’s intellectual property (including logos, images, and promotional content) is only allowed while the Referrer is an active participant in the Referral Program.

Referrer-Created Content

Referrer grants the Company a non-exclusive, worldwide, royalty-free license to use, edit, and repurpose any promotional content created by the Referrer as part of the Referral Program. This includes, but is not limited to, blog posts, social media content, and other promotional materials shared by the Referrer to promote the Company. The Company may modify such content for marketing purposes but will not claim ownership of the original material.

Prohibited Use

Referrers may not use the Company's intellectual property, including but not limited to its brand, trademark, or promotional materials, in any manner that implies ownership or creates confusion about the source of the promotional content. 

Referrers are also prohibited from attempting to interfere with the Company’s business interests or compete with the Company using confidential information, brand assets, or promotional materials.

Any unauthorized use of the Company’s intellectual property will result in immediate termination from the Referral Program and may subject the Referrer to further legal action.

Customer Service and Order Fulfillment

Customer Interaction

The Company will handle all aspects of customer service, including inquiries, billing, and product delivery. Referrers are not responsible for managing or assisting customers with any questions or issues related to orders placed through their referral link.

Customer Support

Any questions or issues raised by customers about the Company’s products or services must be directed to the Company’s support team. Referrers should not attempt to handle customer service issues independently.

Changes to Products or Services

The Company reserves the right to change its products, services, pricing, and customer policies at any time without notice. Referrers are encouraged to stay informed of such changes but will not be held responsible for communicating them to customers.

Order Fulfillment

The Company will oversee the fulfillment of all orders placed through the Referrer’s link, including shipment and delivery (if applicable). The Referrer has no obligation or responsibility for order fulfillment.

Program Restrictions and Cancellations

Prohibited Activities

Referrers are prohibited from engaging in any activities that violate the Company’s guidelines or applicable laws, including but not limited to:

• Using SPAM or unsolicited communications to generate referrals.

• Engaging in misleading or deceptive promotional practices.

• Registering domains or using marketing materials that imply an affiliation with the Company without authorization.

• Promoting content that is unlawful, harmful, or discriminatory, or that violates intellectual property rights.

• Misconduct or misrepresentation.

• Any action or failure to act that harms the Company’s business, goodwill, or reputation.

Violation of Terms

Any violation of the above restrictions will result in immediate termination from the Referral Program. In such cases, the Referrer will forfeit any unpaid commissions and may be subject to further legal action if applicable.

Program Cancellation

Either party may cancel participation in the Referral Program at any time by providing written notice. Upon cancellation, the Referrer’s limited license to use the Company’s promotional materials and intellectual property will be revoked immediately.

Forfeiture of Commissions

If the Referral Program is terminated due to a violation of these terms, the Referrer will forfeit any unpaid commissions. In the event of a voluntary cancellation, the Referrer will be entitled to receive any accrued commissions up to the date of cancellation.

General Legal Provisions

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of this Agreement. Neither party may disclose such information to third parties without prior written consent, except where required by law.

Limitation of Liability

In no event will the Company be liable to the Referrer for any indirect, incidental, special, or consequential damages, including lost profits or revenue, arising out of or related to this Agreement. The Company’s total liability under this Agreement will not exceed the total commissions paid to the Referrer.

Indemnification

Referrer agrees to defend, indemnify, and hold harmless the Company, its affiliates, licensors, service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to this Agreement.

Governing Law and Jurisdiction

All matters relating to the Referral Program, this Referral Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, this Referral Program or the Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Geographic Restrictions

The owner of the Referral Program is based in the State of California in the United States. We provide this Referral Program for use only by persons located in the United States. We make no claims that the Referral Program or any of its content is accessible or appropriate outside of the United States. Access to the Referral Program may not be legal by certain persons or in certain countries. If you access the Referral Program from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Errors and Omissions

Any unintentional errors or omissions made by either party in connection with this Agreement, or any transactions under it, do not excuse the other party from fulfilling their responsibilities. However, once the error or omission is discovered, it must be corrected as soon as possible.

Entire Agreement

This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes all prior or contemporaneous discussions, understandings and agreements, whether oral or written, between them relating to the subject matter hereof.

We encourage you to review these terms periodically to stay informed of important changes. Your continued participation in the Company’s Referral Program after any modifications indicates your acceptance of the revised terms.

If any modification is unacceptable to the Referrer, their only option is to end this Agreement and cancel their participation in the Referral Program. 

Amendments and Waivers

No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement.  No delay or failure to require the performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance.

Headers

Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.

Acknowledgment

You understand that by checking the “agree” box for this Agreement and/or any other forms presented to you on the Website and ThriveCart, you are agreeing to this Agreement and that such action constitutes a legal signature.

Contact Information

All other feedback, comments, requests for technical support and other communications relating to the Referral Program should be directed to hello@itshelenolivia.com.