Truck Driver Nation Business Affiliate Program Terms & Conditions
(1) These Terms & Conditions apply to participants in the Truck Driver Nation Business Affiliate Program (the "Program").
(2) In these Terms & Conditions, "Company", "we", "us", and "our" refers to Truck Driver Nation Business, a brand operated by Truck Driver Nation, a company registered in the United States.
(3) In these Terms & Conditions, "Affiliate", "you", and "your" means the individual or organization that is applying to participate in the Program and who accepts these Terms & Conditions upon joining.
(4) By accepting these Terms & Conditions, you agree to be bound by them and enter into a binding agreement with us (the "Agreement").
1. Definitions and Interpretation
1.1 In these Terms & Conditions, the following terms shall have the meanings assigned to them:
- "Business Day" means any day other than Saturday or Sunday that is not a bank or public holiday;
- "Cancellations Policy" means our cancellations policy, which can be found at truckdrivernation.com/terms;
- "Commencement Date" means the date of your acceptance;
- "Commission Rate" means the percentage of commission paid on net sales revenue as outlined in Sub-clause 11.2;
- "Confidential Information" refers to non-public information that is disclosed between parties;
- "Current Term" means the term the parties may be in at any given time;
- "Direct Referral" means a sale of a Service Package to a customer tracked directly from your website to ours without intermediaries;
- "Intellectual Property Rights" means any rights subsisting in copyright, trademark, patent, or design as per applicable laws;
- "Registered Email Address" means the email address provided by the Affiliate in your Registration Data;
- "Registration Data" means the information provided by the Affiliate upon registering for the Program;
- "Service Package" means specific services available from us via our website, as defined in Clause 7;
- "Term" means the duration of the Agreement, as defined in Clause 17, during which you shall participate in the Program.
2. Enrolment in the Program
2.1 By enrolling, you agree to provide accurate and complete Registration Data and inform us of any changes.
2.2 Upon acceptance of these Terms & Conditions, and subject to our approval in sub-clause 2.4, the agreement is deemed effective. You will not receive a signed Affiliate Agreement in hard copy.
2.3 We may review your website after your acceptance. You will be informed within 10 Business Days of the outcome. Following acceptance, you will receive instructions to start marketing our services.
2.4 We may reject any application for any reason, including but not limited to content on your website that:
- 2.4.1 Is unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory, or objectionable;
- 2.4.2 Facilitates or promotes violence, terrorism, or criminal activity;
- 2.4.3 Is sexually explicit; or
- 2.4.4 Infringes or encourages infringement of intellectual property rights.
3. Company / Affiliate Relationship
3.1 Nothing in these Terms & Conditions creates a partnership between the Parties or designates any Party as the agent of another.
3.2 You have no authority to act on our behalf or bind us in any way, except as expressly provided in these Terms & Conditions.
4. Website Links
4.1 Your Affiliate Dashboard will contain the necessary materials for a hyperlink to our website, including HTML code and graphics files.
4.2 The HTML code must be copied exactly as provided. Failure to comply may result in a lack of credit for sales.
4.3 Graphics files provided must not be modified without our prior written authorization. You may not use your own graphics files.
4.4 You are responsible for maintaining all links to our website from your site.
5. Site Maintenance and Content
5.1 Each Party is responsible for maintaining its own website. Neither Party has obligations regarding the other's content.
5.2 Neither Party may host content that:
- 5.2.1 Is unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory, or objectionable;
- 5.2.2 Facilitates violence or criminal activity;
- 5.2.3 Is sexually explicit; or
- 5.2.4 Infringes on third-party intellectual property rights.
5.3 Content reported as objectionable must be removed within 5 Business Days.
6. Display of Company Information
6.1 You may display pricing and information related to our Service Packages but must keep it updated.
6.2 We reserve the right to alter pricing at any time.
6.3 Your Responsibilities:
- 6.3.1 Provide and update accurate account information.
- 6.3.2 Create only one Affiliate account.
- 6.3.3 Refer customers in good standing.
- 6.3.4 Avoid self-referrals and actions leading to revenue loss for us.
- 6.3.5 Refrain from unethical marketing practices.
- 6.3.6 Do not use copyrighted or third-party material without proper licenses.
- 6.3.7 Avoid altering our promotional materials without approval.
- 6.3.8 Do not use spam techniques to generate referrals.
- 6.3.9 Your website must not contain offensive or illegal material.
- 6.3.10 Comply with all applicable laws.
- 6.3.11 We may suspend or terminate accounts that violate these terms.
6.4 Inappropriate advertising methods include:
- 6.4.1 Unsolicited email or unauthorized link placements.
- 6.4.2 Bidding on our trademarked terms in PPC campaigns without approval.
- 6.4.3 Using non-unique infringing content.
- 6.4.4 Engaging in unethical promotional practices.
- 6.4.5 Your websites must not contain objectionable material.
7. Service Packages
We offer services via our website in various packages. Descriptions of these packages are available at truckdrivernation.com. Your Affiliate Dashboard will show products eligible for commission.
8. Customer Referral Requirements
8.1 Referral terms can be found at truckdrivernation.com/affiliate-program-terms.
8.2 We may alter these terms with 10 Business Days’ written notice.
9. Orders
9.1 We will endeavor to process orders for Service Packages from referred customers.
9.2 We reserve the right to reject orders not complying with referral requirements.
9.3 We are responsible for order processing, payment, cancellations, and customer service.
10. Affiliate Sales Reporting
10.1 We will track sales elements, including origin, Service Package selected, and revenue generated.
10.2 Reports of all sales will be available in your Affiliate Dashboard. We may alter report formats without notice.
11. Commission and Referral Fees
11.1 You will earn commission on net sales generated through your website at the rates outlined in Sub-clause 11.2.
11.2 Commission calculations:
- 11.2.1 Direct Referrals earn a 20% commission.
- 11.2.2 Renewals from Direct Referrals also earn 20%.
- 11.2.3 Sales from previously referred customers may earn a reduced commission.
11.3 Commissions apply until cookies expire or for 120 days post-referral.
11.4 No commission is paid if a customer cannot be tracked.
11.5 Commission is calculated once we receive full payment.
11.6 Payouts are scheduled for the 20th of each month, contingent on meeting minimum thresholds.
11.7 Payments will be sent to your registered PayPal or bank account.
11.8 You may be contacted for repayment of commissions in case of refunds.
11.9 You are responsible for any taxes on commissions.
11.10 We may modify commission rates with a 10 Business Days’ notice.
12. Trade Marks
12.1 You are granted a non-exclusive, non-transferable license to use our trademarks to establish links and perform your obligations as an Affiliate.
12.2 You may not use our trademarks beyond what is necessary for this agreement without prior written consent.
12.3 Our trademarks remain our property; you agree not to contest their validity.
13. Intellectual Property
13.1 Unless otherwise stated, we retain sole ownership of all Intellectual Property Rights (IPRs) related to our website. This includes, but is not limited to, all code, text, audio, video, graphics, photographs, and other images found on the site. We also own all IPRs in supporting documentation such as site plans, maps, design sketches, and any preparatory materials.
13.2 We will exclusively own all IPRs for any future updates, additions, or modifications to our website, including any related supporting documentation.
14. Affiliate Warranties and Indemnity
14.1 By accepting these Terms & Conditions, you warrant and acknowledge that:
14.1.1 Your website does not contain any content that: a) Is unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory, or objectionable; b) Promotes violence, terrorism, or other criminal activities; c) Is sexually explicit; or d) Infringes on the intellectual property rights of others.
14.1.2 Your website is functional and accessible to all internet users, barring reasonable downtime for maintenance or third-party access issues.
14.1.3 You have obtained all necessary approvals and consents for your obligations under these Terms & Conditions, and these will remain valid throughout the term.
14.1.4 Your obligations under these Terms & Conditions are legally binding and unconditional.
14.1.5 You will not mention us in any unsolicited bulk email campaigns or spamming practices.
14.2 By accepting these Terms & Conditions, you agree to indemnify us against any liability, loss, damages, costs, and expenses (including legal fees) arising from: 14.2.1 Breaches of any warranty regarding your website; 14.2.2 Claims that your website infringes on any intellectual property rights of others, unless such claims arise from following our stipulated terms; and 14.2.3 Any acts or omissions by you or your representatives in fulfilling your obligations under these Terms & Conditions.
15. Disclaimers
15.1 We do not warrant that our website, the Program, or Service Packages will meet your requirements or those of your visitors, will be of satisfactory quality, will be fit for a particular purpose, will not infringe on third-party rights, will be compatible with all systems, will be secure, or that the information provided will be accurate.
15.2 We do not guarantee specific results from using our website or enrolling in the Program.
15.3 We do not guarantee that our website will remain functional and accessible to all internet users.
16. Liability
16.1 We are not liable for any indirect or consequential loss you may suffer, even if we were advised of the possibility of such loss.
16.2 Our total liability to you for any breach of contract, warranty, representation, or tort (including negligence) related to these Terms & Conditions is limited to $1.
16.3 Our liability for death or injury resulting from our own negligence or that of our employees, agents, or subcontractors is not limited.
17. Term and Termination
17.1 These Terms & Conditions and the Agreement commence on the Commencement Date and continue for 12 months (the “Initial Term”). After the Initial Term, enrollment in the Program renews automatically for additional 12-month periods (each a “Renewal Term”), unless terminated as per Clause 17.
17.2 Either party may terminate the Agreement with 10 Business Days' written notice: 17.2.1 If the other party commits a material breach that remains unaddressed for 10 Business Days after written notice. 17.2.2 If the other party enters liquidation, makes arrangements with creditors, or ceases to conduct business.
17.3 Either party may request termination at the end of the Current Term with at least 10 Business Days' written notice.
17.4 Upon termination, you must remove links established under these Terms & Conditions.
17.5 All licenses granted under the Agreement terminate upon its termination.
17.6 If we terminate for a material breach, any Commission owed to you at that time will be forfeited.
18. Confidentiality
18.1 Each party (the “Receiving Party”) agrees to keep confidential any information belonging to the other party (the “Supplying Party”) and not to disclose it to anyone other than its employees who need to know for the purposes of these Terms & Conditions. These employees must also keep such information confidential. The confidentiality obligations do not apply to information that: 18.1.1 Is public knowledge at the time of disclosure; or 18.1.2 Becomes public knowledge later through no fault of the Receiving Party.
18.2 Each party agrees that: 18.2.1 All Confidential Information remains the exclusive property of the Supplying Party; 18.2.2 The right to use Confidential Information ends upon termination of the Agreement; and 18.2.3 All materials containing Confidential Information must be returned upon termination.
19. Force Majeure
Neither party is liable for any failure or delay in fulfilling their obligations due to causes beyond their reasonable control, such as power failures, internet service disruptions, industrial actions, civil unrest, natural disasters, acts of terrorism, government actions, or other uncontrollable events.
20. Severance
If any provision of these Terms & Conditions is found to be unlawful, invalid, or unenforceable, that provision will be severed from the rest, which will remain valid and enforceable.
21. Notice
Unless stated otherwise, all notices under the Agreement must be in writing and sent via email to the registered email address of the other party.
22. Entire Agreement
22.1 These Terms & Conditions represent the entire agreement and understanding between the parties and supersede all prior agreements related to the Program or the relationship between the parties. No party may rely on agreements not expressly set forth herein, except for any fraudulent representations.
22.2 The Agreement can only be varied by a document signed by both parties.
23. General Provisions
23.1 No Waiver: Failure to enforce any provision does not constitute a waiver of the right to enforce that provision or any other provision later.
23.2 Non-exclusivity: The relationship is non-exclusive, allowing both parties to enter into similar agreements with others.
23.3 Non-assignment: You may not assign your rights or obligations without our prior written consent, which will not be unreasonably withheld.
24. Governing Law
24.1 These Terms & Conditions and the Agreement are governed by the laws of Illinois.
24.2 Any disputes arising from the Agreement shall be subject to the jurisdiction of the courts of England and Wales.
