Refer a Friend Terms of Service
Eat, Play... Go!™
Refer a Friend Terms of Service Agreement
As an authorized participant in the Refer a Friend initiative of Nfluentz LLC d/b/a Eat, Play … Go! (hereafter “Friend” or "You" or "Yours"), you agree to abide by the terms and conditions contained in this Refer a Friend Terms of Service Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting Eat, Play … Go! as a Friend.
Your participation in the Program is solely to legally advertise our website to receive a commission on subscriptions purchased by individuals or corporations referred to Eat, Play … Go! by your own website, or referrals generated from your personal QR code and/or referral link or that of your personally signed up team members.
By signing up for the Eat, Play … Go! Refer a Friend Initiative (the “Program”), you indicate your acceptance of this Agreement and its terms and conditions.
1. Approval or Rejection of the Application
Eat, Play... Go! reserves the right to approve or reject any Program application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Program application.
2. Referral Commissions
- Personal Commissions - Upfront - You earn a 35% commission on the amount collected for any first time subscription sale made using your personal referral link or QR Code.
* - A first sale is the first time a customer is billed, whether monthly or annually.
Commissions on all subscriptions are paid once per month, on the fifteenth, for all subscribers (including individual and corporate subscribers) that made a monthly or annual payment in the previous month. For example, on February 15th commissions are paid for all subscribers that joined or made a payment in the month of January.
You understand and acknowledge that chargebacks and refunds can happen at the sole discretion of Eat, Play... Go!. You agree that any commissions paid that were based on a subscription payment that ultimately was charged back and/or refunded, shall be deducted from any future commission payments due.
Commissions are only paid through PayPal. You can link your PayPal account via the website. When Commissions are paid a notification will be sent by e-mail and/or text message, based on the preferences as set up in your account, which can be accessed through your dashboard.
You cannot refer yourself, and will not receive a commission on your own subscription. There is also a limit of one commission per referral. If someone referred by you or your personally enrolled team members orders multiple subscriptions, then a commission will be paid on the first order only. Corporate subscriptions that include the enrollment of multiple employees / personnel will count as one subscription, and will be paid accordingly. For example, if a company subscribes to a plan that enrolls 20 employees, it is considered a single subscription, and you will be paid on the entire subscription.
Once your account is setup, you can login and check your referral activity and commission payouts anytime by logging into your Eat, Play… Go! account at https://eatplaygo.com.
NOTE: Monthly fees are subject to change without notice, at the full discretion of Eat, Play... Go!, and may also vary by subscription category. All commissions are based on current monthly subscription fees at the time commissions were generated, and fees that were actually collected by Eat, Play... Go!.
Your Program application and status in the Program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting things that do not comport with our company values, including, but not limited to, pornography and/or illegal activities.
- Failure to disclose the Refer a Friend relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Violation of intellectual property rights. Nfluentz LLC reserves the right to require license agreements from those who employ trademarks used on the Eat, Play … Go!™ website, mobile app, or collateral materials in order to protect our intellectual property rights.
- Offering rebates, coupons, or other forms of promised kick-backs from your commission as an incentive. Adding bonuses or bundling other products with Eat, Play … Go!, however, is acceptable.
- Self-referrals, fraudulent transactions, and suspected fraud.
In addition to the foregoing, Eat, Play … Go! reserves the right to terminate your account at any time, for any violations of this Agreement for any reason.
Terminations for violations of this section shall cause any future payments for commissions to be immediately terminated.
4. Links and Use of Eat, Play... Go! Brands & Content
You may use graphic and text links both on your website and within your email messages. You may also advertise the Eat, Play … Go! website and mobile app in online and offline classified ads, magazines, and newspapers. You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to these terms and conditions, and are not in violation as outlined in Section 3. You may not use any logos from any of our brand partners, or content from our website, blogs, social media, e-mails, ads, articles, newsletters, or any other media, without first submitting the contemplated use to us, in writing, requesting permission to use it. Eat, Play... Go! will use its best efforts to approve or deny such requests in a timely manner. All denials of use are final.
5. Coupon and Deal Sites
Eat, Play … Go! occasionally offers coupons. If you’re not pre-approved/assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for anyone who is considering the promotion of our products in relation to a deal or coupon:
- You may not use misleading text on links, buttons or images to imply anything other than currently authorized deals.
- You may not bid on Eat, Play … Go! Coupons, Discounts or other phrases implying coupons are available.
- You may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
- Users must be able to see coupon/deal/savings information and details before any cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
- Your website(s) may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Anyone with such text on the merchant landing page will be removed from the program immediately.
6. Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior written permission.
Eat, Play... Go! will not be liable for indirect or accidental damages (loss of revenue, commissions) due to tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s). We do not make any expressed or implied warranties with respect to the Program and/or the subscriptions or products sold by Eat, Play … Go!. We make no claim that the operation of the Program and/or our website(s) and mobile apps will be error-free and we will not be liable for any interruptions or errors.
8. Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your account is terminated. The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your account. Your continuing participation in the Program will constitute your acceptance of any change.
By your acceptance of this Agreement, you indemnify and hold harmless Eat, Play... Go! and its affiliate and subsidiary companies, shareholders, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Eat, Play... Go! to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to your negligence, misrepresentation, failure to disclose, or intentional misconduct.
10. Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the courts located in Polk County, Florida.
In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
11. Electronic Signatures Effective
This Agreement is an electronic contract that sets out the legally binding terms of your participation in the Program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced herein by indicating your acceptance during the online application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.