- 1. Overview. This Agreement sets forth the terms and conditions governing participation in the weareindy.com (Indy) Affiliate Program. This Agreement facilitates a contractual linkage between your digital presence and weareindy.com (Indy). Throughout this Agreement, "we," "us," and "our" refer to weareindy.com (Indy), and "you," "your," and "yours" refer to the Affiliate.
- 2. Program Participation.
- 2.1. Enrollment Procedure. Participation requires the submission of an application via the online form available on weareindy.com (Indy). We will review your submission and subsequently notify you of your application's acceptance or rejection. We reserve the right to decline any application at our discretion but invite you to inquire further should you perceive our decision as erroneous.
- 2.2. Account Standards. Applications containing content deemed inaccurate, unlawful, harmful, or offensive, among other such criteria, will not be accepted.
- 3. Promotion and Linking.
- 3.1. Access to Promotional Materials. As an affiliate, you will gain access to various promotional tools designed to facilitate the referral process. It is imperative that the affiliate link provided by Indy is utilized to ensure accurate tracking of referrals.
- 3.2. Advertising Guidelines. Your promotional efforts must not replicate or suggest an association with Indy beyond that of an independent affiliate. Strategies identified as spam will lead to immediate account suspension. Techniques such as cookie stuffing, misleading redirects, or unsolicited software installations contravene our policies and are strictly prohibited.
- 3.3. Compliance and Integrity. Indy reserves the right to review and mandate adjustments to the use of promotional materials to align with our guidelines. Self-referrals are strictly prohibited. Affiliates are responsible for ensuring the functionality of tracking codes.
- 3.4. Prohibited Practices. The misuse of Indy trademarks, engaging in deceptive practices, transmitting "Parasiteware" or engaging in "Parasitic Marketing" and similar tactics, or facilitating offensive content that includes, but is not limited to, adult themes, gambling, unrated materials, or those addressing sensitive social issues, is strictly prohibited. Content should not discriminate against any group based on race, gender, religion, nationality, disability, sexual orientation, age, or any other protected category. Affiliates should also avoid content that could be perceived as illegal, harmful, threatening, defamatory, vulgar, harassing, or promoting violence or conflict. Affiliates must refrain from any form of advertising that could misrepresent their relationship with Indy or engage in prohibited marketing tactics.
- 3.5. Site Management and Monitoring. Affiliates must maintain up-to-date and accurate promotional content. Indy retains the right to monitor affiliate sites for compliance and to mandate necessary adjustments.
- 4. Tracking and Cookies. The standard tracking cookie duration is 60 days. The precedence of cookie placement will be given to the most recent affiliate link activation. Indy cannot ensure the persistence of cookies for the entire duration and is not responsible for cookies removed by the user or lost due to browser changes.
- 5. Commission and Payments.
- 5.1. Payout Schedule. Affiliates earn a 90% commission for each referral that subscribes to either the Indy Pro Monthly or Yearly plans, with an earning period applicable for the first year of the subscription. Affiliates earn a 90% commission equal to a one year bonus of the Yearly plan’s normal cost, for each referral that subscribes to the Lifetime plan. Commissions are disbursed 45 days following the conclusion of each calendar month, provided that there are at least two (2) paying referral customers. The minimum payout threshold is $25.
- 5.2. Commission Eligibility and Payment Details. Affiliates must report any discrepancies within a stipulated time frame. Indy reserves the right to withhold payment for any transactions deemed invalid. Unclaimed commissions exceeding two (2) years will be forfeited.
- 6. Suspension and Termination. Accounts may be suspended or terminated for breaches of this Agreement, including fraudulent activity or inactivity. Termination may occur without prior notice at Indy's discretion.
- 7. Modification. Indy reserves the right to modify any terms of this Agreement. Changes will be communicated via email and become effective upon posting. Continued participation after such modifications constitutes agreement to the amended terms.
- 8. Disclaimer. Indy does not guarantee uninterrupted or error-free operation of the weareindy.com website, or the services or products provided therein, and disclaims liability for any such issues.
- 9. General Provisions.
- 9.1. Independent Contractor Status. Your role as an affiliate does not constitute employment, partnership, or agency relationship with Indy.
- 9.2. Jurisdiction and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
- 9.3. Miscellaneous. The Affiliate may not amend or waive any provision of this Agreement unless in writing and signed by both parties. The Affiliate agrees to indemnify Indy against any losses arising from trademark infringement or content disputes. Confidentiality of proprietary information is paramount. By completing the signup process for the weareindy.com (Indy) Affiliate Program, you are entering into a digital contract. This contract binds you to the terms and conditions outlined for participating in the program, which you accept upon submission of your application.
If you have any questions about this Agreement, please email us at affiliates@weareindy.com.