Terms of Service - Affiliates

Last updated: January 13, 2025

Please read these Terms of Service carefully before using our Affiliate Program.

Interpretation and Definitions

Welcome to the Valid Startup Affiliate Program ("Affiliate Program"), accessible through our affiliate application page at https://www.validstartup.com and Affiliate Portal (together, the "Website"). The Affiliate Program is operated by BizStart.Live, LLC dba Valid Startup and its affiliates (collectively, "Valid Startup," "Company," "we," "us," and/or "our"). This program enables approved affiliates to promote our services and earn commissions on referred sales.

Interpretation

Certain words have meanings defined below. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.

Definitions

For the purposes of these Terms of Service:

Account means a unique account created for You to access and participate in the Affiliate Program.Affiliate means an entity or individual that promotes our products or services in exchange for a commission, subject to these Terms.
Affiliate Portal is the webpage where you can login to see how many users have clicked on your Share Links and how many purchases have been made.
Campaign is any method by which you promote the Valid Startup program.
Company (referred to as either "the Company," "We," "Us," or "Our" in this Agreement) refers to BizStart.Live, LLC dba Valid Startup, located in San Juan, PR, USA.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service, such as a computer, a cell phone, or a digital tablet.
Feedback means feedback, innovations, or suggestions sent by You regarding the Affiliate Program.
Service refers to the Affiliate Program provided through the Website and related tools.
Share Links are the links that are unique to your Account and must be used in order for you to get credit for your referrals.
Terms of Service (also referred to as "Terms") mean these Terms of Service that form the entire agreement between You and the Company regarding the Affiliate Program.
Termination is the date upon which the Affiliate ceases to be and Affiliate, but does not apply to Terms that survive this agreement.
User a site visitor who becomes a paying customer of Valid Startup.
Website refers to the Valid Startup website, including the affiliate application page, accessible at https://www.validstartup.com/affiliate-application and the Affiliate Portal.
You means the individual or entity accessing or using the Affiliate Program, as applicable.

Acknowledgment

These are the Terms of Service governing your participation in the Affiliate Program and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all participants in the Affiliate Program.

Your access to and participation in the Affiliate Program is conditioned on your acceptance of and compliance with these Terms of Service. By accessing or using the Affiliate Program, You agree to be bound by these Terms. If You disagree with any part of these Terms, You may not participate in the Affiliate Program.

You represent that you are over the age of 18.

Your participation in the Affiliate Program is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Please read Our Privacy Policy carefully before applying for or participating in the Affiliate Program.

Joining the Affiliate Program

To join the Affiliate Program, You must:

Submit an application through https://www.validstartup.com/affiliate-application.
Provide accurate and complete information during the application process.
Await approval from the Company. Approval is at the sole discretion of the Company and may be withheld for any reason.

Once approved, You will receive access to your affiliate dashboard in the Affiliate Portal and unique affiliate Share Link(s) to track referrals.

Affiliate Responsibilities

As an affiliate, You agree to:

Promote our products and services in a lawful, ethical, and accurate manner.
Adhere to all applicable laws and regulations, including those related to marketing and advertising.
Use only the promotional materials and links provided by or approved by the Company.

You will be asked to submit your proposed campaigns by email prior to making them public. Each approval is applicable only to the campaigns reference in each approval request and approvals will not be considered as blanket approvals.

Refrain from engaging in any deceptive, fraudulent, or misleading practices.

Failure to comply with these responsibilities may result in immediate termination of your participation in the Affiliate Program.

Affiliate Links and Commissions

Affiliate Links

Upon approval, You will receive unique Share Link(s) to track referrals. Referrals are only valid if they meet the following conditions:

The customer completes a purchase using your Share Link.

The Website uses cookies and, as long as they are enabled by the visitor, you will receive credit for any purchase completed within 30 days.
If a visitor reaches the Website by following more than one Affiliate’s Share Link(s) within a 30 day period, the first Share Link used will receive the credit.

The purchase is not canceled, refunded, or deemed fraudulent by the Company.

If a purchase is canceled, refunded, or deemed fraudulent for any reason, including but not limited to insufficient funds of the User, after commissions have been paid to You, the refunded amount will be subtracted from your next payment.
If refunded amounts exceed commissions by more than three months, You will receive a bill to return the applicable commissions.

Commissions

Commissions will be calculated as a percentage of qualifying sales made by visitors who arrive to the Website via through your Share Link(s).
The commission rate and payout thresholds will be communicated upon approval into the program or prior to application.

The Company reserves the right to withhold commissions if fraudulent activity or violations of these Terms are detected.

Payments and Taxes

Commissions are paid in accordance with the laws of Puerto Rico, which are generally the same as those in the United States.
Payments will be made via PayPal unless otherwise agreed upon in writing prior to acquiring your Share Link(s).
You are responsible for providing accurate payment information. The Company is not responsible for delays or errors caused by incorrect payment details or methods of payment that were not approved prior to your enrollment in the affiliate program.
You are responsible for any taxes or fees associated with receiving commission payments. The Company will provide tax related statements only to the extent required by law.

If the Company is required by law to provide tax related statements and/or submit forms to the government related to the commissions paid, you may be required to complete and provide forms to the Company such as the USA W-9 form which requests tax-payer information.

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your address, telephone number, and email address.
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at Hello@Valid Startup.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

All intellectual property, including trademarks, logos, and promotional materials provided by the Company, remains the property of the Company. You are granted a limited, non-exclusive, non-transferable license to use these materials solely for promoting the Affiliate Program.

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Jurisdiction and foreign countries.

Company trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

These terms will survive Termination.

Confidentiality

During your participation in the Affiliate Program, you may have access to confidential information, including but not limited to business strategies, financial data, marketing plans, customer information, and other proprietary information (“Confidential Information”). You agree to maintain the confidentiality of such information and not disclose it to any third party without the prior written consent of the Company.

Confidential Information must only be used for the purposes of fulfilling your obligations under this Agreement. Any unauthorized use or disclosure of Confidential Information is strictly prohibited.

Confidential Information does not include information that:

Is or becomes publicly available without breach of this Agreement;
Was known to You prior to disclosure by the Company, as evidenced by written records;
Is received from a third party without breach of any confidentiality obligations; or
Is independently developed by You without reference to or reliance on the Company’s Confidential Information.

Upon termination of your participation in the Affiliate Program or upon the Company’s request, You agree to promptly return or destroy all Confidential Information in your possession, including any copies or derivatives thereof.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Termination

Company reserves the right to terminate your participation in the Affiliate Program at any time, with or without cause, and without prior notice. Reasons for termination may include, but are not limited to:

Violations of these Terms.
Engagement in unethical or illegal practices.
Failure to generate meaningful referrals over a prolonged period.

Upon termination, You must immediately cease use of your affiliate link and remove any promotional materials associated with the Affiliate Program.

Valid, qualified Commissions generated via your Share Link(s) prior to Termination will be paid according to the Terms. Any commissions generated via your Share Link(s) after Termination will not be paid.

Confidentiality, Intellectual Property and Indemnity clauses will survive Termination.

Limitation of Liability & Indemnity

To the fullest extent permitted by applicable law, the Company shall not be liable to You for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or in connection with your participation in the Affiliate Program, whether or not advised of the possibility of such damages.
The total liability of the Company to You for any claims, losses, or damages arising from or related to your participation in the Affiliate Program shall not exceed the total commissions owed to you at the time of the event giving rise to such liability.

This limitation of liability does not apply to damages arising from the Company’s gross negligence, fraud, or intentional misconduct, where such exclusions are not prohibited by applicable law.

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to:

Your breach of this Agreement or applicable law;
Your negligence, fraud, or intentional misconduct; or
Any third-party claims related to your participation in the Affiliate Program, including but not limited to your marketing activities, representations, or omissions.

The provisions of this section shall survive the termination of your participation in the Affiliate Program.

Governing Law

The laws of the Puerto Rico shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Changes to These Terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated effective date. Continued participation in the Affiliate Program constitutes your acceptance of the modified terms.

Contact Us

If You have any questions about these Terms of Service, You can contact us:

Email: [email protected]