Affiliate Agreement
Sniper Auto Trader Affiliate Agreement
This Affiliate Agreement (“Agreement”) applies to your application for the Sniper Auto Trader’s Affiliate program and your continued participation in it. By clicking “I Accept the Terms and Conditions” and submitting, you acknowledge and agree to be bound by the terms of this Agreement. Your acceptance indicates that you have read and understood the Agreement in its entirety and consent to its provisions.1. PARTIES. In this Agreement, the term “Sniper Auto Trader” refers to SniperAuto Trader LLC, operating under the trade name Sniper Auto Trader. Theterms “You” and “Your” refer to the individual or entity that has accepted thisAgreement by clicking “I Accept the Terms and Conditions” and submitting.For the purposes of this Agreement, Sniper Auto Trader and You arecollectively referred to as the “Parties,” and individually as a “Party.”
2. APPLICATION. By participating in Sniper Auto Trader’s Affiliate program,you agree to provide all the information requested by Sniper Auto Trader for your application. You confirm that all the information you provide is truthful and accurate. You acknowledge and agree that Sniper Auto Trader has the sole and exclusive discretion to determine your eligibility for participation in their Affiliate program. Please note that not all applicants for Sniper Auto Trader’s Affiliate program will qualify to participate.
3. CONSENT TO BE CONTACTED. By providing your email address and phone number in your application, you explicitly give consent to be contacted
regarding your application and the Affiliate program. This includes contact through automated dialing systems, text messages, and artificial or pre-recorded messages. This consent is a significant requirement of this Agreement and cannot be revoked unless both Parties provide written consent.
4. COMPENSATION. Upon approval of your application to become an affiliate of Sniper Auto Trader, you will be assigned a unique Affiliate ID. This Affiliate ID will be included in every URL that you use to promote Sniper Auto Trader. Through this Affiliate ID, you will have the opportunity to earn a commission for each Sale that is attributed to your Affiliate ID. If a Prospect has multiple Affiliate Cookies, the Affiliate Cookie that was most recently acquired will be considered for crediting the Sale to the corresponding Affiliate.
You will receive a commission of 20% on all initial purchases of Sniper Auto Trader Products made through your affiliate link, as well as 30% on all subsequent recurring payments for those Sniper Auto Trader Products. All recurring payments for Sniper Auto Trader Products initially purchased through the affiliate’s link will be paid to the affiliate every 30 days. Recurring Commission Eligibility The first eligibility requirement for receiving your commissions is to maintain
an active membership with Sniper Auto Trader. If you decide to cancel your membership and your status changes to inactive, you will no longer qualify to
withdraw any earned commissions. The second condition for eligibility stipulates that you will receive commissions exclusively for active members who are actively paying their monthly subscription fees. It is your sole responsibility to ensure compliance with all tax laws in your jurisdiction(s), including but not limited to the payment of all applicable taxes and the timely filing of all necessary returns and documents with the relevant governing body(ies).
Affiliates are strictly prohibited from opening a Sniper Auto Trader account using another person’s or entity’s name, a fictitious name, or any name with the
sole intention of acquiring Commissions or any other form of compensation. Affiliates are not allowed to pay for the account of another individual or entity.
Additionally, offering cash rebates or any other monetary incentives to secure Sales is not permitted for affiliates. Commissions are eligible for payment only when transactions between Sniper Auto Trader and a Sale occur, and payment is received by Sniper Auto Trader.
If a refund or chargeback is issued for a previously sold account for which you received a Commission, the Commission will be deducted from your future
Commissions. In the event that Sniper Auto Trader, at its sole and exclusive discretion, determines that a Sale was obtained fraudulently or in violation of
this Agreement or applicable law, no Commission will be paid for that Sale. For previous sales, the corresponding payment amounts will be deducted from
your future Commissions. Additionally, Sniper Auto Trader reserves the right to terminate this Agreement immediately, without any liability to you.
5. ADDITIONAL REPRESENTATIONS AND WARRANTIES. In addition to the other representations and warranties stated in this Agreement, you further
represent and warrant that there are no ongoing or previous government investigations, inquiries, or prosecutions by the Federal Trade Commission
(“FTC”), any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world. Furthermore, there are no prior or
pending private lawsuits against you related to alleged intentional torts or violations of consumer protection or advertising laws. If you become the
subject of such an investigation, inquiry, prosecution, or lawsuit at any time after executing this Agreement, you are required to notify Sniper Auto Trader
within 24 hours. Sniper Auto Trader, at its sole and exclusive discretion, may immediately terminate your participation in the Sniper Auto Trader Affiliate
program and terminate this Agreement based on any investigation, proceeding, or lawsuit disclosed under this paragraph.
6. ENTIRE AGREEMENT. This Agreement, along with Appendix A below and Sniper Auto Trader’s standard Terms of Use, constitutes the complete agreement between the Parties, replacing any other written or verbal agreement between the Parties regarding your Affiliate application and, if approved, your rights and obligations as an Affiliate.
Appendix A
Additional Terms of the Affiliate Agreement and Advertising RulesAdvertising Rules
These Advertising Rules apply to all activities of Affiliates.
1. General Compliance. Affiliates must adhere to all applicable laws and regulations when publishing or distributing advertisements. This includes compliance with laws prohibiting deceptive and misleading advertising, email marketing laws (such as the federal CAN-SPAM Act), laws governing testimonials (including the FTC’s Revised Endorsements and Testimonials Guides), and all guidelines issued by the FTC. Affiliates are solely responsible for ensuring their compliance with all laws. It is strictly prohibited for affiliates to make claims about Sniper Auto Trader’s products and services that go beyond the scope of the marketing materials provided by Sniper Auto Trader on their website, www.sniperautotrader.com. Affiliates are not allowed to engage in
telemarketing, fax marketing, or text messaging for advertising purposes on any device. Offering monetary incentives, such as rewards points, cash, or prizes in exchange for Prospect responses to advertisements, is prohibited. However, affiliates may provide Prospects with valuable information and materials, such as website templates, e-commerce information, website design, and online marketing resources, at reduced or no charge, as long as the affiliate accurately describes and delivers such materials to the Prospect. Sniper Auto Trader retains the sole and exclusive discretion to determine whether an affiliate’s advertising and conduct complies with all applicable laws.
2. Disclosure. When advertising any Sniper Auto Trader service or product on a website, the Affiliate must prominently display (not in a link or small font) the following disclaimer language:
Disclosure: As an independent Affiliate of Sniper Auto Trader, I am not an employee. I receive referral payments from Sniper Auto Trader. The opinions expressed here are solely my own and do not represent official statements of Sniper Auto Trader or its parent company, Sniper Auto Trader LLC.
3. Non-Disparagement. Affiliate is strictly prohibited from making negative comments or disparaging remarks about the products or services of Sniper Auto Trader or any other individual or entity. This includes refraining from making derogatory comments about the products or services of Sniper Auto Trader’s competitors. Affiliates are also prohibited from engaging in any unlawful or deceptive practices related to search engine optimization. This includes, but is not limited to, employing techniques that generate paid search results using trademarks of Sniper Auto Trader, brand names associated with Sniper Auto Trader,
or the trademarks or brand names of Sniper Auto Trader’s competitors or any other third party.
4. Social Media. If Affiliate advertises on Instagram or YouTube, then each post must comply with all of the following:
• Every post must include @sniperautotrader or #sniperautotrader.
• Every post must prominently display #ad in a clearly visible location before the description text, and in all cases, before the”More” button
.• Each Instagram post must utilize Instagram’s “Paid Partnership” tool.
• Each YouTube post must incorporate the terms “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” within the video itself. The text should be in a font size that is easily recognizable to viewers and persistently appear throughout the video’s duration in the top right-hand corner. If the Affiliate is advertising on other written social media platforms (such as Facebook, Twitter), the Affiliate must adhere to the aforementioned disclosure requirements applicable to each specific social media platform. Additionally, the Affiliate must comply with all rules and regulations set forth by each social media platform they utilize.
5. Income and Business Opportunity Claims. Affiliates are strictly prohibited from making any claims that imply the use of Sniper Auto
Trader’s services/products will guarantee the user’s financial success. If the Affiliate chooses to mention their personal income earned from using Sniper Auto Trader’s services/products or as an Affiliate, they must adhere to the following guidelines:
(a) The Affiliate’s statements must be entirely truthful, accurate, and supported by verifiable evidence of their own experience; and
(b) The Affiliate’s statements must be accompanied by the following disclaimer in clear and conspicuous font: “These were my personal results. Your individual results may vary based on factors such as your education, effort, and market conditions. There is no guarantee of financial success. If engaging in trading, only use funds you are willing to risk.” Affiliates are explicitly prohibited from making any explicit or implied claims that Sniper Auto Trader offers a business opportunity, franchise opportunity, a “business-in-a-box,” or an assisted marketing plan. Affiliates are not allowed to incorporate “Sniper Auto Trader” or any other Sniper Auto Trader trademarks as part of any URL, domain, or website name. Sniper Auto Trader maintains exclusive ownership of all Sniper Auto
Trader trademarks, intellectual property, and associated rights. The Affiliate shall not promote or provide services to any business or individual that infringes upon Sniper Auto Trader’s intellectual property rights.
7. Complaint Notification. The Affiliate is required to promptly inform the Company of any complaints received regarding advertisements within twentyfour (24) hours of receiving such complaints. Please send notifications to info@sniperautotrader.com.
8. Independent Contractor. Affiliates are considered independent contractors of Sniper Auto Trader, LLC. The Parties explicitly acknowledge and intend that
no employer-employee or principal-agent relationship shall be created between Sniper Auto Trader and You under this Agreement. You are not authorized to
act on behalf of Sniper Auto Trader or legally bind the company in any manner. Additionally, you are not entitled to share in Sniper Auto Trader’s profits or
losses. The compensation outlined in this Agreement is the sole remuneration available to You. You bear full and exclusive responsibility and liability for all
Your actions and omissions.
9. NO WARRANTY; NO LEADS. Sniper Auto Trader does not make any promises, guarantees, or warranties regarding Your business success, income, or sales. You acknowledge and understand that Sniper Auto Trader will not provide You with sales leads or referrals at any time. Furthermore, You explicitly acknowledge that this arrangement is not a business opportunity, franchise opportunity, “business-in-a-box,” or an assisted marketing plan. As an Affiliate, it is Your responsibility to acquire and finance any materials and resources required for Your operations, as You deem necessary in Your sole discretion.
10.DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, & GOVERNING LAW. As stated in Sniper Auto Trader’s Terms of Use, any dispute or claim arising from or relating to this Agreement or your relationship with us that cannot be resolved through negotiation within 120 days shall be settled through binding and confidential arbitration administered by the American Arbitration Association (“AAA”). The award rendered in arbitration may be entered as a judgment in any court with jurisdiction. The sections titled “DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS
ACTION WAIVER,” “SNIPER AUTO TRADER’S ADDITIONAL REMEDIES,” and “GOVERNING LAW AND VENUE” in the Terms of Use are incorporated herein by reference. Please review the Terms of Use for more details.
11.Indemnity. You agree to protect, defend, indemnify and hold harmless Sniper Auto Trader, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limitation arising out of Your conduct, acts, or omissions related to Your application and/or performance of this Agreement including, but not limited to, any breach of this Agreement.
Your indemnity obligation includes, but is not limited to, any third party claim against Sniper Auto Trader for liability or payments for damages caused by, or
other liability relating to, You. This provision expressly survives the termination of this Agreement.
12.Term and Termination. If your application is approved, your participation in the Sniper Auto Trader Affiliate program will continue a month-to-month basis
until either: A. If Sniper Auto Trader cancels your account due to your breach of any of the terms of this Agreement, all Commissions and any other payments owed to you or that may be owed to you in the future will be immediately forfeited without any further liability by Sniper Auto Trader to you.
OR
B. If Sniper Auto Trader or its successors or assigns, in its sole and absolute discretion, cancels or fails to renew this Agreement, you will be provided with a written notice of thirty (30) days. The notice will be sent to the email address associated with your Affiliate profile.
OR
C. If you wish to cancel the Agreement, you must provide Sniper Auto Trader with a written notice of thirty (30) days. In the event of termination or cancellation of this Agreement, certain provisions that are inherently meant to survive will continue to remain in effect. This includes, but is not limited to,
limitations of liability, warranty disclaimers, indemnification obligations, mandatory arbitration and class action waiver provisions, and exceptions to arbitration. Furthermore, all representations and warranties made by you will continue to be binding even after the termination or cancellation of this Agreement and/or your Sniper Auto Trader account.
13.Severability. If any provision of this Agreement conflicts with or violates any applicable law, rule, or regulation, that provision will be modified to the extent
necessary to comply with the law, rule, or regulation. The modified provision will then be considered part of this Agreement, and the Agreement, along with
the Terms of Service, will remain in full force and effect.
14.Modification/Amendments. Sniper Auto Trader reserves the right to modify this Agreement and its standard Terms of Use at any time, with or without prior
notice to You. Any amendments or modifications to this Agreement or the Terms of Service will become binding on You when they are sent to You via email or posted in the affiliate center. No amendment to this Agreement or the Terms of Service shall be valid unless prepared or signed by Sniper Auto Trader. By accepting Commission payments, you signify Your acceptance of any modifications or amendments to this Agreement and the Terms of Use