Affiliate Program Agreement

CitizenPath Affiliate Program Agreement

1. CitizenPath Affiliate Agreement
This CitizenPath Affiliate Program Agreement (the “Agreement”) describes the terms and conditions for participation in the CitizenPath Affiliate Program (the “Program”). In this Agreement, the term “Affiliate” refers to you (the applicant), and CitizenPath refers to the service provider (CitizenPath, LLC). In this Agreement, Customer refers to the third party that purchases a service on the CitizenPath website.

2. Modification
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but are not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of the change.

3. Enrollment
To enroll in the Program, you must submit an Affiliate application and be approved. Applications are processed weekly and applicants will be notified of their acceptance status as soon as possible after their information is reviewed.

4. Affiliate URL
Once you become an approved member of the Program, you will be issued a special URL, which will be unique to you and you only, and will allow you to be paid for Affiliate referrals.

5. Commissions
Affiliates will receive 20% of the net sales revenue as a commission from orders placed through properly coded Affiliate links. Coupon codes will be discounted before reaching the net sale price. Customers have the option to pay an additional fee to print documents including, but not limited to, forms and filing instructions, and mail them directly to the Customer. Net sales amount will not include this print/mail fee.

For a sale to generate a commission to an Affiliate, the Customer must complete the order form and remit full payment for the product ordered through the secure order system. Word of mouth referrals will not result in an Affiliate commission being generated. Commissions will only be paid on sales that are made when the Customer clicks through qualified, properly coded Affiliate links. Properly coded links are the sole responsibility of the Affiliate.

Customer refunds generated by CitizenPath or through a chargeback will reverse a sale and will be deducted from the Affiliate compensation.

6. Payment
Payments are made on a monthly Net 15 basis. For example, all commissions for the month of June will be paid by the end of the 15th day of July.
CitizenPath pays Affiliates via a PayPal account, provided to us by the Affiliates when they join. If an Affiliate’s PayPal email changes, it is the responsibility of the Affiliate to notify our Program manager at affiliates@citizenpath.com. We will not resend payments that are returned to CitizenPath due to incorrect PayPal email addresses.

7. Order Fulfillment
CitizenPath will be solely responsible for processing every order placed by a Customer via Affiliate links. Affiliates are not authorized to collect payments or sell any CitizenPath products from other websites as a “reseller” and no “resale” rights are granted in ANY way. Affiliates are not authorized to sell any of these products on eBay or other auction sites. Affiliates are not authorized to give away copies of any of these products. CitizenPath will also be solely responsible for all customer service inquires.

Customers who purchase products and services through the Program will be deemed to be Customers of CitizenPath. Accordingly, all rules, policies, and operating procedures concerning Customer orders and services will apply to those Customers. We may change our policies and operating procedures at any time. Prices and availability of CitizenPath products and services may vary from time to time. CitizenPath policies will always determine the price paid by the Customer.

8. Qualifying Sites
CitizenPath reserves the right to refuse any site entry into the Program based on site content. Sites that do not qualify for the Program include sites which:

  1. Promote sexually explicit materials;
  2. Promote violence;
  3. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  4. Promote illegal activities;
  5. List coupon codes or discounts that were NOT officially provided to them by CitizenPath; or
  6. Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of CitizenPath or any other site.
  7. Permitted Usage

Uses of the CitizenPath brand and marketing resources other than the following are not permitted:

  1. Affiliates are permitted to link to CitizenPath.com via text URL that describes the brand, products, or services. Examples of acceptable anchor text include but are not limited to: CitizenPath, immigration services, online immigration document preparation, self-help immigration services, do-it-yourself immigration, renew a green card, apply for citizenship, help a relative obtain a green card, or the name of a USCIS form (e.g. Form I-90, Application to Replace Permanent Resident Card).
  2. Affiliates are permitted to use the graphical banners and design resources located at http://www.citizenpath.com/affiliate-resources/. If a specific size banner ad is not available, the Affiliate may contact the Program manager at affiliates@citizenpath.com and request a new banner graphic be added to the available resources.

10. Selling Guidelines
CitizenPath is not a legal service and does not claim to provide legal advice. All services are self-directed in nature. This is an important distinction as some end users may be better served by an immigration attorney. The following cases are prohibited and are grounds for immediate termination of the Affiliate account.

  1. Affiliates MAY NOT make claims that CitizenPath provides the same services as a lawyer; and
  2. Affiliates MAY NOT suggest that CitizenPath meets everyone’s needs – such as people with complex cases, immigration violations or criminal records.

CitizenPath encourages Affiliates to promote the website as a self-help service that adds value to the do-it-yourself process of preparing immigration forms.

  1. Affiliates may encourage Customers to try it for free (no sign up required).
  2. Affiliates may encourage Customers to utilize CitizenPath’s customer service and knowledge base for additional support.
  3. Affiliates acknowledge that CitizenPath is for do-it-yourselfers with straight forward immigration cases.

11. Prohibited Usage
The following cases are prohibited and are grounds for immediate termination of the Affiliate account.

  1. Affiliates MAY NOT use the CitizenPath logo, logo marks or other CitizenPath website/branding imagery in a header graphic or in any way as to indicate they are officially affiliated or partnered with CitizenPath;
  2. Affiliates MAY NOT use the term “CitizenPath” in ANY variation in their site URL ex. (citizenpath.net, citizenpathcouponcodes.com, citizenpath-forms.com, citizenpath.example-domain.com, etc);
  3. Affiliates MAY NOT prepare forms on behalf of Customer or provide legal advice (unless licensed to practice law); and
  4. Affiliates MAY NOT promote coupons that were not provided to them personally by CitizenPath. Affiliate-specific coupons can be provided upon request.

12. CitizenPath Anti-Spam Policy
CitizenPath strictly prohibits Affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, Twitter, Facebook and other social media outlets) to seek sales. Spam includes, but is not limited to, the following:

  1. Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship with or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;
  2. Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an Affiliate has spammed, the Affiliate account may be permanently terminated after investigation;
  3. Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner;
  4. Solicitations posted to chat rooms, groups, or individuals via Internet Relay Chat or “Instant Messaging” system; and
  5. Certain off-line activities that, while not considered spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.

CitizenPath may, at its sole discretion and with or without prior notice, terminate Affiliate accounts that violate the Anti-Spam Policy. Upon the receipt of a credible complaint, the Program manager may investigate the complaint, and if necessary, terminate the Affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and Affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on the Affiliate account.

If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to the Program manager at affiliates@citizenpath.com.

13. Relationship of Parties
Affiliates are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on CitizenPath’s behalf. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.

14. Term and Termination
The term of this Agreement will begin when Affiliate accepts and will end when terminated by either party. Either CitizenPath or the Affiliate may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and Affiliate will immediately cease use of and remove from Affiliate’s website all links to the CitizenPath website and all CitizenPath trademarks and logos, other CitizenPath marks and all other materials provided in connection with the Program.

15. Indemnification
Each party shall hold the other harmless from and against, and shall indemnify the other for, any liability, loss, costs, expenses, or damages howsoever caused by reason of any injury (whether to body, property, or personal or business character or reputation) sustained by any person or to any person or to property by reason of any act, neglect, default, or omission of the indemnifying party or any of that party’s agents, employees, or other representatives. If either party is sued in any court for damages by reason of any of the acts of the indemnifying party referred to in this Paragraph 15 the indemnifying party must defend the action (or cause a defense to be provided) at the indemnifying party’s own expense and must pay and discharge any judgment that may be rendered in the action. If the indemnifying party fails or neglects to defend the action, the party sued may defend the action, and any expenses, including reasonable attorneys’ fees that it may pay or incur in defending the action, and the amount of any judgment that it may be required to pay must be promptly reimbursed upon demand. Nothing in this Paragraph 15 is intended to relieve, nor shall it relieve, either party from liability for the party’s own act, omission, or negligence.

16. Limitation of Liability
CitizenPath will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the Program, even if CitizenPath has been advised of the possibility of such damages. Further, CitizenPath’s aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to the Affiliate under to this Agreement.

17. Dispute Resolution
Any dispute arising out of or relating to this Agreement, or the breach thereof shall be settled by arbitration by a retired judge in Los Angeles, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The Arbitration shall be conducted in
Los Angeles, California, and judgment on the award rendered may be entered in any court having jurisdiction. The Arbitration shall follow California Substantive law.

18. Disclaimers
CitizenPath makes no express or implied warranties or representations with respect to the Program or an Affiliate’s potential to earn income from the Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and CitizenPath will not be liable for the consequences of any interruptions or errors.

19. Governing Law; Enforcement of Agreement; Attorneys’ Fees and Costs
This Agreement shall be subject to and shall be enforced and construed pursuant to the laws of the State of California. If any provision or term of this Agreement is held to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. In the event of litigation to enforce any of the provisions of this Agreement, the prevailing party may recover court costs and reasonable attorneys’ fees. CitizenPath shall pay all expenses incurred by Affiliate in the collection of any commissions that may become due to Affiliate under this Agreement.

20. Miscellaneous
CitizenPath’s failure to enforce Affiliate’s strict performance of any provision of this Agreement will not constitute a waiver of CitizenPath’s right to subsequently enforce such provision or any other provision of this Agreement.

By signing up with the Program, Affiliate acknowledges that he, she, or it has read this Agreement and agrees to all of its terms and conditions. Affiliate has independently evaluated this program and is not relying on any representation, guarantee or statement other than as set forth in this Agreement.

Updated: August 11, 2017