AirDNA Affiliate Program Terms and Conditions
Last updated February 3, 2022
Welcome to this platform at which you, on behalf of yourself or the entity whom you represent (“AirDNA Affiliate,” “you,” “your”), may enroll in the affiliate program (“Affiliate Program”) of AirDNA, LLC ("AirDNA," “we,” “us” or “our”).
Please note that your enrollment as an affiliate of AirDNA (“Affiliate,” “you,” “your”) and your rights and obligations in the event AirDNA accepts you as an Affiliate are subject to all of the following terms and conditions (collectively the “Agreement"). If you do not agree with any of this Agreement, then you may not enroll, or otherwise engage as, an Affiliate. Your application to become an Affiliate shall be deemed to be your agreement to abide by all terms and conditions of this Agreement.
By clicking on "I agree" or by enrolling in or using the Affiliate Program or any portion thereof, you acknowledge and confirm that: (a) you are at least 18 years of age; (b) where applicable, you have full authority from the entity whom you represent to bind such entity to all of the terms and conditions of this Agreement; (c) you have read and understand all of the terms and conditions of this Agreement; (d) you agree to be bound by all of the terms and conditions of this Agreement; and (e) you acknowledge that this Agreement is the legal equivalent of a signed, written contract between AirDNA and you.
If you are not willing to be bound by all of the terms and conditions of this Agreement, including without limitation the preceding acknowledgement and agreement, then you must not select the 'I agree' button associated with this Agreement and you must not enroll in or use the Affiliate Program or any portion thereof.
This Agreement is subject to change by AirDNA without prior written notice at any time, in AirDNA’s sole discretion; however, AirDNA will post a notice on this website (the “site”) or use commercially reasonable efforts to send you a notice via e-mail to notify you that this Agreement has been revised, and you hereby consent to receiving such notice in such manner. Your continued use of the Affiliate Program indicates acceptance of any modifications to this Agreement.
- Certain Defined Terms
“Affiliate Site” means a website owned or controlled by Affiliate.
“AirDNA Site” means a website owned or controlled by AirDNA.
“Commission” means the fee that we will pay Affiliate as a result of MarketMinder subscription purchases made by Referred Visitors, which fee shall be a percentage of such purchases, or a flat fee or another type of fee (each as specified by us in writing).
“Link” means a mutually approved hyperlink between an Affiliate Site and our Site.
“Referred Visitor” means any Visitor who uses a Link to an AirDNA Site.
“Visitor” means a user of an Affiliate Site. - Applying to and Enrolling in our Affiliate Program
a. You are applying to enroll in our Affiliate Program right now. We reserve the right to decline your application or remove enrollment from our Affiliate Program at any time and at our sole discretion. We hereby authorize you to include a Link on one or more Affiliate Site(s) that may refer Visitors to an AirDNA Site.
b. We will email Affiliate as soon as we accept your application, following which you can start referring Visitors through the Link and earning Commissions. You may not use a Link or other referral method that reasonably could be deemed to infringe any of our proprietary rights (including but not limited to trademark rights) or any third party’s proprietary rights. - Affiliate Commissions
a. Your Affiliate dashboard is unique to you (“Affiliate Dashboard”). It contains everything you'll need to promote an AirDNA Site and our products and services, including:
- Your affiliate link;
- A means by which you can track your progress;
- Graphics;
- Other sharing resources that we might make available.
b. As you send Visitors to an AirDNA Site via a Link, you will receive credit for each unique Referred Visitor, opt-in (email address) and purchase you send to an AirDNA Site. Your progress for each category of referral will be reflected in real-time on your Affiliate Dashboard.
c. Each link provided by Partnerstack has an Affiliate ID attached. We cannot track sales and traffic attributable to you without your posting the full URL, so please be sure to use your affiliate link. Our social sharing shortcuts have your affiliate link embedded in their posts. When a Referred Visitor visits an AirDNA Site through your Link, we will be able to register their purchase (if/when they make one) and, provided that the sale is not returned, cancelled or refunded, credit the sale to you. Please contact our affiliate manager for the most up-to-date commission percentages.
d. We pay Commissions on a monthly basis, within 40 days after the end of the month in which the Commission was earned. This is to make sure that the customer does not return the product during our money-back period. We can pay you via company check or via PayPal, whichever you prefer.
e. We will only pay commissions to the extent that we can track a user with a 90-day cookie. Examples of commissions not being paid would include but not be limited by the following examples:
i) If a user that clicks your affiliate link clears their cookies within this 90-day period, AirDNA can no longer track. Therefore, no commission will be paid.
ii) If a user clicks on your affiliate link on their phone and then proceeds to make an account and/or purchase a subscription on their laptop (or vice versa) or uses a different browser, the 90-day cookie will not follow the user to a different browser or a different device. Therefore, AirDNA can no longer track and no commission will be paid. - Certain Obligations
a. You acknowledge that we already run search engine marketing (SEM) campaigns on Google; therefore, you agree not to run SEM campaigns for our products and services on Google. To clarify the availability of campaigns on secondary search engines, please contact our affiliate manager.
b. You must conspicuously post your privacy policy on your Affiliate Site and otherwise make it available to all Referred Visitors. Your privacy policy must comply with all laws and regulations regarding the privacy of Referred Visitor information, be commercially reasonable, and fully and accurately disclose your collection and use of Referred Visitor information. You must fully and accurately disclose your use of third party technology, use of cookies and options for discontinuing use of such cookies.
c. You shall not: (i) run or use any processes that run or are activated while you are not logged on or that “crawl,” “scrape,” or “spider” any AirDNA Site; (ii) use the Link in any manner that contains transmits a virus, trojan horse, worm, time bomb, unsolicited bulk, commercial, or “spam” message, or other harmful computer code, file, or program (including without limitation, password guessing programs, decoders, password gatherers, keystroke loggers, cracking tools, packet sniffers, and/or encryption circumvention programs). - Representations and Warranties
a. You represent and warrant that your Affiliate Site(s) do not and will not contain content that reasonably could be deemed objectionable (including but not limited to content that is misleading, libelous, defamatory, obscene, violent, bigoted, hate-oriented, illegal, and/or promoting illegal goods, services or activities), and that you will not knowingly mislead others. You agree to (i) use ethical and legal business practices, (ii) comply with the terms set forth in this Agreement, (iii) comply with all applicable national, federal, state, provincial and local statutes, laws, ordinances, rules and regulations, including without limitation all data security and privacy laws and regulations such as the General Data Protection Regulation of the European Union and European Economic Area, and (iv) maintain a privacy policy on your Affiliate Site and for any non-website based promotional method made available to Referred Visitors. You acknowledge that we may, but are not obligated to, review the conduct of Affiliate related to this Affiliate Program and that any suspected fraudulent, abusive or otherwise illegal content or activity by you through your promotional methods, is grounds for immediate termination of this Agreement.
b. You represent and warrant that you will not engage in and/or facilitate spamming, indiscriminate advertising or unsolicited commercial e-mail or otherwise fail to comply with the CAN SPAM Act of 2003 (Public Law 108-187 or any successor legislation), and/or any other laws and/ or regulations that govern e-mail marketing and/or communications.
c. You represent and warrant that all promotions used by you, regardless of by what medium they are delivered, do and will comply with all applicable FTC Guidelines for Affiliate Marketing as well as any other applicable governmental regulations pertaining to your activities related to this Affiliate Program.
d. You represent and warrant that you will not do any pay-per-click or pay-per-impression traffic in connection with this Agreement. - Proprietary Rights
a. Data Ownership. We understand that all personally identifiable information, if any, that you collect from Visitors on an Affiliate Site, and any and all reports, results and information created, compiled, analyzed and/or derived by you from such data (collectively, “Affiliate Data”), is the sole and exclusive property of Affiliate and is considered Affiliate’s Confidential Information pursuant to this Agreement. Affiliate, in its sole discretion, shall have the right to use, market and re-market any Visitor data without further obligation to us. Likewise, you understand that all personally identifiable information, if any, that we collect from Referred Visitors on an AirDNA Site, and any and all reports, results and information created, compiled, analyzed and/or derived by us from such data (collectively, “AirDNA Data”), is the sole and exclusive property of AirDNA and is considered AirDNA’s Confidential Information pursuant to this Agreement. AirDNA, in its sole discretion, shall have the right to use, market and re-market any Referred Visitor data without further obligation to you.
b. Affiliate’s Use of AirDNA’s Marks. We authorize Affiliate to utilize our trademarks, service marks, tradenames, and/or logos that we provide to Affiliate through your Account (“AirDNA Marks”) solely during the term of this Agreement and solely to facilitate your participation in the Affiliate Program, provided that Affiliate complies with any written usage guidelines provided by us and provided further that Affiliate agrees not to adopt or use any trademarks, service marks, tradenames, and/or logos that are the same as or confusingly similar to, or are combined with, AirDNA Marks. All goodwill arising as a result of Affiliate’s use of AirDNA Marks shall inure to the benefit of AirDNA. - Confidentiality
a. Each of Affiliate and AirDNA may provide the other party with information that is confidential and proprietary to that party or a third party, as is designated by the disclosing party or that is reasonably understood to be proprietary and/or confidential ("Confidential Information"). The receiving party agrees to make commercially reasonable efforts, but in no case no less effort than it uses to protect its own Confidential Information, to maintain the confidentiality of and to protect any proprietary interests of the disclosing party. Confidential Information shall not include (even if designated by a party) information: (i) that is or becomes generally known to the public through no act or omission of the receiving party; (ii) that is lawfully received by the receiving party from a third party without restriction on use or disclosure and without breach of this Agreement or any other agreement without knowledge by the receiving party of any breach of fiduciary duty, or (iii) that the receiving party had in its possession prior to the date of this Agreement.
b. Upon termination of this Agreement, each party must destroy or return to the other party any Confidential Information provided by the other party under this Agreement. - Term and Termination
a. Term. The term of this Agreement shall commence upon our acceptance of your application to join the Affiliate Program and continue until terminated, as set forth below.
b. Termination.
i. This Agreement may be terminated by either party upon 48 hours’ written notice, for any reason and for no reason.
ii. This Agreement may be terminated immediately by either party upon written notice to the other party for the material breach of this Agreement by the other party.
b. Effects of Termination. Upon termination of this Agreement, all Commissions for transactions completed prior to the date of termination shall be paid by Company to Affiliate within 60 days of the termination date. Upon termination of this Agreement, all licenses and permissions granted under this Agreement will terminate, and Affiliate will remove all Links to AirDNA Site(s). Provisions of this Agreement that by their nature and context are intended to survive the termination of this Agreement shall survive the termination of this Agreement to the extent that and as long as is necessary to preserve a party's rights under this Agreement that accrued prior to termination. - Limitations of Liabilities.
a. ANY OBLIGATION OR LIABILITY OF AIRDNA UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL OF COMMISSIONS PAID BY AIRDNA UNDER THIS AGREEMENT DURING THE YEAR PRECEDING THE CLAIM GIVING RISE TO THE LIABILITY.
b. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST AIRDNA MORE THAN ONE YEAR AFTER THE TERMINATION OF THIS AGREEMENT.
c. WITH THE EXCEPTION OF BREACH OF SECTION 7 (CONFIDENTIAL INFORMATION), NEITHER PARTY SHALL BE LIABLE TO THE OTHER, OR ANY THIRD PARTY, FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. - Miscellaneous.
a. Assignment. Affiliate may not assign this Agreement without first obtaining AirDNA’s written consent, which may be withheld or delayed in AirDNA’s sole and absolute discretion. Any assignment in contravention of this provision shall be null and void.
b. Attorney's Fees. In the event of any dispute arising out of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs associated with its enforcement of its rights hereunder and/or any investigation, proceeding or other legal action in respect thereof.
c. Entire Agreement. This Agreement, together with all exhibits attached hereto, all of which are incorporated by this reference, is the entire agreement between the parties with respect to the subject matter hereof, and all prior negotiations, term sheets, letters of intent, instruments or discussions or writings between the parties with respect to the subject matter hereof are of no further force or effect, and no amendment, modification or interpretation hereof shall be binding unless in writing and signed by both parties to this Agreement.
d. Force Majeure. No party shall be deemed in breach for failure to perform any duty or obligation that such party may have under this Agreement where such failure is caused by any act of God, fire, strike, inevitable accidents, war, civil unrest, electrical outages, failure of Internet service providers, default due to Internet disruption (including without limitation denial of service attacks), or any other cause outside the reasonable control of that party and occurring without its fault or negligence ("Force Majeure Event"), provided that the affected party uses commercially reasonable efforts to mitigate the effects of the Force Majeure Event. If a Force Majeure Event lasts for four (4) or more consecutive weeks or six (6) weeks in the aggregate, either party may terminate this Agreement and neither party shall have any further obligations to the other party hereto upon the effectiveness of such termination.
e. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflict of laws provisions. Any dispute or action arising under this Agreement (whether in contract or tort) shall be heard by a competent state or federal court in Colorado, and the parties hereby agree to submit to the exclusive jurisdiction of such courts for all purposes relating to this Agreement and any claim or dispute arising out of or related to this Agreement.
f. Headings and References. Headings of Sections are for the convenience of reference only. Words indicated in quotes and capitalized signify an abbreviation or defined term for indicated words or terms, including those definitions contained in the opening paragraph.
g. Independent Contractor Relationship. The relationships of the parties to this Agreement shall be solely that of independent contractors, and nothing contained in this Agreement shall be construed otherwise. Nothing in this Agreement or in the business or dealings between the parties shall be construed to make them joint venturers or partners with each other. Neither party shall do anything to suggest to third parties that the relationship between the parties is anything other than that of independent contractor.
h. Marketing. Affiliate agrees that AirDNA may identify Affiliate as an affiliate of AirDNA and may use Affiliate’s name for such purpose in its marketing materials.
i. Notices. Except as provided elsewhere herein, both parties must send all notices relating to this Agreement to:
- for Affiliate, via e-mail or registered mail, return receipt requested, or via an internationally recognized express mail carrier to Affiliate at the address Affiliate provides when filling out its account;
- for us, via e-mail or registered mail, return receipt requested, or via an internationally recognized express mail carrier to the address set forth on our Site.
j. Severability. If any provision of this Agreement or application to any party or circumstances shall be determined by any court of competent jurisdiction to be invalid and unenforceable to any extent, the remainder of this Agreement or the application of such provision to such party or circumstances, other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision hereof shall be valid and shall be enforced to the fullest extent permitted by applicable law.
k. Successors Bound. This Agreement shall be binding upon and inure to the benefit of Affiliate, Company and their respective successors and permitted assigns.
l. Tax Status and Obligations. AirDNA is not obligated to and shall not provide Affiliate with tax and/or legal advice. AirDNA undertakes no duty to investigate or research your tax status and/or obligations, and such research and investigation is solely your responsibility. You are obligated to independently assess and comply with all relevant tax and legal requirements, and you are responsible for tax payment and reporting obligations arising from Commissions paid to you.
m. Waiver. Any waiver by a party on one or more occasions of any obligation to be performed by the other party is not to be construed as a continuing waiver or a full performance of the obligation. - Promo Codes
We may, in our sole discretion, create promotional codes that may be shared with your audience, or other features or benefits related to the Services, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person without any other promotional benefits from Affiliate allowed in combination. Each Affiliate benefit may only be redeemed once per Affiliate account. Promo Codes used in combination with other Affiliate benefits will be voided unless you have explicit written permission from AirDNA to do so. Only Promo Codes sent to you through official AirDNA communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash, gift cards or cash equivalents; and (vi) may expire prior to your use