Affiliate Terms of Service

This Affiliate Agreement (this “Agreement”) is between Captain Solutions (“Company”, “Captain”), and the entity joining our affiliate program (hereinafter referred to as “You” or “Affiliate”), effective immediate upon approval and acceptance by Captain into our affiliate program. Any referrals you bring to captain is hereinafter referred to as (“Referral”).

By using our program at http://app.captain.solutions, http://captain.solutions and all related software, services, extensions, and application programming interfaces (collectively, the “Services”), you are attesting that you have read, understand, and agree to these Terms, Conditions and Disclaimers and that you agree that your relationship with us is governed by the terms spelled out in this agreement, in addition to our standard Terms of Use and Privacy Policy. If you do not agree with this Agreement, then you must immediately cease use of all Services.

1- The Affiliate Program

To participate as an affiliate, you are required to complete an affiliate application located at captain.firstpromoter.com. At our sole discretion, for any reason or for no reason at all, we may accept or reject your website from our program.

2- How it works

Captain will provide you a mechanism to create HTTP hyperlinks back to our Services that you can share out to your audiences. When a user clicks on your link and subscribes to services within 180 days, our automated system will credit your account. Note that the referrals must have cookies and javascript enabled on their browsers and the deletion of the features from the referrals browser means the referral will not be traced. If you believe there is a referral failure that you wish to be compensated for, please email partners@captain.solutions.

3- COMMISSION PAYOUTS

Commissions will be paid to affiliates based on successful referrals. A successful referral, or sale, is defined as: non-fraudulent, active for a period of thirty (30) days WITHOUT cancellation, who has paid for services in full and has been directed to Services through your affiliate tracking link. Payouts are issued a minimum of thirty (30) days and up to sixty (60) days after the end of the billing period during which successful referral, or sale, occurs. Due to the high frequency of credit card fraud, affiliate commission fraud, and cancellation rates, Captain reserves the right to hold commissions for up to 90 days for verification on a case-by-case basis. Captain also reserves the right to claw-black or cancel any commission in the event that we are unable to collect funds for services from the end user or if a user decides to charge bank, or in the event that the order is found to be fraudulent, or in the event that the customer cancels and is refunded, or if Captain learns that the commission was earned improperly through any means.

4- LIMITATION OF LIABILITY

In no event shall Captain be liable to you or to any third party for any loss of use, revenue or profit or loss of data or diminution in value, or for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise (whether by Captain or any of it’s affiliates), regardless of whether such damage was foreseeable and whether or not service provider has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, UNDER NO CIRCUMSTANCES WHATSOEVER SHALL CAPTAIN BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS OPPORTUNITIES OR LOST SAVINGS, EVEN IF SUCH PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EITHER PARTY’S LIABILITY TO THE OTHER FOR ANY DAMAGES WHATSOEVER EXCEED AN AMOUNT EQUAL TO THE FEES PAID BY CAPTAIN TO AFFILIATE UNDER THIS AGREEMENT DURING THE PRECEDING ONE (1) MONTH.

5- INDEMNIFICATION

You agree to indemnify and hold Captain, and its service providers harmless from and against all costs, losses, damages, liabilities and expenses, including reasonable attorney’s fees, attributable to any claim made by a third party arising out of your breach of any representation or warranty under this Agreement, any Referral’s violation of the law or any right held by a third party, you or any Referral’s’ use of the Services, or you or any of Referral’s’ failure to perform any of its obligations under this Agreement, including without limitation, misuse of any Services.

6- GOVERNING LAW AND EXCLUSIVE JURISDICTION

Any dispute between the parties shall be governed by and construed in accordance with the laws of the State of California, without regard to the choice of law rules in that or any other jurisdiction. The parties agree that any action to decide a dispute between the parties hereunder shall be brought in a federal or state court in the State of California, and irrevocably consent to the jurisdiction and venue of any federal or state court in the State of California.

7- NOTICES

Any notice provided for or concerning this Agreement shall be in writing and shall be sufficiently given when sent via email to: partners@captain.solutions