Affiliate Partner Terms
These Affiliate Partner Terms ("Agreement") govern the relationship between Comet Rocks GmbH ("Comet", "we", "us") and you ("Affiliate Partner", "you") in connection with the Comet Affiliate Partner Program.
1. Purpose
The purpose of this Agreement is to establish the terms and conditions under which you may participate in the Comet Affiliate Partner Program by referring potential customers to Comet in exchange for referral fees.
2. Referral Arrangement
As an Affiliate Partner, you may refer potential customers to Comet using a unique referral link or code provided to you. A successful referral occurs when a referred customer signs up for and maintains a qualifying paid subscription to the Comet platform.
3. Referral Fee
Referral fees are tracked and managed through PartnerStack, our affiliate management platform. The specific referral fee structure, including commission rates and qualifying conditions, will be communicated to you through the PartnerStack portal upon acceptance into the program.
4. Payments
All payments will be processed through PartnerStack in accordance with their payment schedule and terms. You are responsible for providing accurate payment information and for any applicable taxes on referral fees earned.
5. Independent Contractor
You are an independent contractor and not an employee, agent, joint venturer, or partner of Comet. Nothing in this Agreement creates an employment relationship. You are solely responsible for your own taxes, insurance, and compliance with applicable laws.
6. Term
This Agreement is effective from the date of your acceptance into the Affiliate Partner Program and continues until terminated by either party in accordance with the termination provisions below.
7. Confidentiality
You agree to keep confidential all non-public information shared with you by Comet in connection with this program, including but not limited to commission rates, referral data, business strategies, and customer information. This obligation survives termination of this Agreement.
8. Termination
Either party may terminate this Agreement at any time by providing 30 days' written notice to the other party. Comet may terminate this Agreement immediately if you breach any of its terms. Upon termination, you must cease all use of Comet trademarks and referral links. Any pending referral fees for qualified referrals made prior to termination will be paid in accordance with the standard payment schedule.
9. Representations and Warranties
You represent and warrant that you will:
- Conduct all promotional activities ethically and in compliance with applicable laws and regulations.
- Not make any false, misleading, or deceptive claims about Comet, its products, or its services.
- Not engage in spamming, unsolicited communications, or any other practices that could harm Comet's reputation.
- Clearly disclose your affiliate relationship with Comet in all promotional materials as required by applicable law.
- Not use any illegal or unethical methods to generate referrals.
- Not target minors in any promotional activities.
10. Limitation of Liability
To the maximum extent permitted by applicable law, Comet's total aggregate liability to you under this Agreement shall not exceed the total referral fees paid to you in the 12 months preceding the event giving rise to the claim. In no event shall Comet be liable for any indirect, incidental, special, consequential, or punitive damages.
11. Disclaimer
The Comet platform and affiliate program are provided "as is" without warranties of any kind, whether express or implied. Comet does not guarantee any specific level of income or success from participation in the program.
12. FTC Compliance
You agree to comply with all applicable Federal Trade Commission (FTC) guidelines and equivalent regulations in your jurisdiction regarding endorsements and testimonials. This includes, but is not limited to, clearly and conspicuously disclosing your material connection to Comet in all promotional content, reviews, and recommendations.
13. No License Grant
Except for the limited right to use Comet's approved promotional materials, nothing in this Agreement grants you any license or right to use Comet's intellectual property, including trademarks, logos, or copyrighted material, without prior written consent.
14. PPC Restrictions
You may not bid on or use any Comet-branded keywords (including "Comet", "Comet Rocks", or variations thereof) in pay-per-click (PPC) advertising campaigns without prior written approval from Comet. Unauthorized PPC activity using Comet's branded terms will result in immediate termination of your affiliate account.
15. Social Media Restrictions
You may not create social media accounts, pages, or groups that could be confused with official Comet accounts. All social media promotion must clearly identify you as an independent affiliate partner. You must not impersonate Comet or its employees in any social media communications.
16. Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
17. Waiver
The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.
18. Governing Law and Dispute Resolution
This Agreement is governed by the laws of the Federal Republic of Germany. Any disputes arising out of or in connection with this Agreement shall be resolved through binding arbitration in Berlin, Germany.
19. No Class Action
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
20. Limitations Period
Any claim arising under this Agreement must be brought within 1 year of the date the claim arose, or it shall be permanently barred.
21. Assignment
You may not assign or transfer this Agreement or any rights or obligations hereunder without Comet's prior written consent. Comet may freely assign this Agreement.
22. Notice
All notices under this Agreement shall be in writing and sent to the email addresses provided during program registration. Notices will be deemed received when sent to the email address on file.
23. Demo Qualification
A referral is considered qualified when the referred customer completes a product demo with the Comet sales team. Referrals that do not result in a completed demo may not qualify for referral fees, as determined by the program terms communicated through PartnerStack.
24. Entire Agreement
This Agreement, together with the PartnerStack terms of service, constitutes the entire agreement between you and Comet with respect to the Affiliate Partner Program and supersedes all prior or contemporaneous understandings, agreements, or representations.