Insuraway - Affiliate Terms & conditions
Participants in the Affiliate Program will not be performing insurance activities on behalf of Insuraway; and
Participants in the Affiliate Program will be compensated on a fixed dollar amount that is not based on a customer's purchase of insurance through Insuraway.
By filling out and submitting this form, you agree to all terms of the Insuraway Affiliate Publisher Service Agreement, including but not limited to the following obligations:
Not to mislead others;
Not to use promotional means that contain objectionable content, 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;
Not to engage in and/or facilitate spamming, indiscriminate advertising or unsolicited commercial email; and/or
Not to infringe on an Advertiser's, INSURAWAY's or a third party's proprietary rights.
Insuraway LLC. Publisher Program
STANDARD TERMS & CONDITIONS
A. Insuraway LLC a Florida corporation ("Insuraway”), operates the www.Insuraway.com web site and enrollment center (the “Destination Site”). As part of the Destination Site, Insuraway offers the Insuraway Publisher Program ("Program"), through which approved companies operating such businesses but not limited to their own web sites and/or personal services and/or business services and/or subscription email services("Publishers") are granted a limited, non-exclusive right to: (i) advertise and promote Insuraway goods and services and the Destination Site in a manner in compliance with this Agreement, (ii) post or circulate or self-submit one or more approved graphical or textual internet hyper-links and/or client data to the Destination Site (“Link(s)”), and (iii) direct visitors to the Destination Site.
B. Publishers are offered the opportunity to earn a commission for referring unique customers to the Publisher’s web site (i) who click on a Link to the Destination Site, (iii) submit client data via Insuraway provided webs-forms and (ii) who complete the Transaction required under the Program on the Destination Site. The definition of “Transaction” and the commissions that may be earned by Publishers through the Program will be set forth on the following paragraph for Insuraway (the “Program Section”). The commissions and all other information set forth on the Program Section may be changed from time to time by Insuraway by posting such changes on the Program Section and notifying Publisher with seven (7) days notice of such changes. Payment for commissions earned shall be made by Insuraway to publishers through check or direct deposit or company credit. No long-term commitment is required.
Commission Details for Submitted Applications:
Individual or Family Health Insurance $25 to $75 one time fee based on the volume of unique submitted customers.
"Submitted" is defined as a customer that (i) properly completes an online marketplace/subsidy application, and (ii) agrees to "submit" the application online. Only one fee eligible per customer for life. *If there are having any technical challenges or need program details or customer submission links or webforms, email us at firstname.lastname@example.org or visit Insuraway.com/Affiliates.
Program Section End
C. Publisher acknowledges that Insuraway performs all actions, services and processing of insurance applications offered through the Destination Site and all other matters relating thereto, including but not limited to (i) the solicitation of insurance policies, (ii) the processing of insurance binders and other insurance related documentation, (iii) the collection of insurance premium payments, and (iv) all other insurance agent functions and activities (collectively, the "Insurance Activities"). The parties intend that the compensation payable by Insuraway to Publishers under this Agreement shall not constitute an insurance commission, and the parties agree that Publishers are not, by providing the Links, engaged in any Insurance Activities, and Insuraway shall not pay any commission to you based upon the condition that a Customer purchase an insurance policy through Insuraway. If Insuraway determines that this compensation method is not in compliance with applicable federal, state or other laws and regulations, Insuraway will determine an alternative compensation method in its reasonable discretion.
A. Participation in the Program is subject to Insuraway’s approval. Prospective Publishers must first submit an application to Insuraway in order to become an “approved” Publisher eligible to post Links and/or client data to the Destination Site and earn commissions. After the application has been submitted, Insuraway will notify the prospective Publisher writing (by e-mail or otherwise) whether or not it has been approved (approval is in Insuraway’s sole discretion). Publisher is not authorized to post Links to the Destination Site for any Publisher web site that has not been approved in advance by Insuraway (in its sole discretion).
B. During the application process, Publisher must acknowledge its acceptance of these Standard Terms and Conditions (the “Agreement”) by clicking-through the “acceptance” button thereby assenting to the Agreement. This Agreement shall apply only to approved Publishers who accept this Agreement and only Publishers who accept this Agreement may participate in the Program.
C. Other than the payment of commissions, Publisher shall have no claims to any additional compensation, commissions or business derived by or through a Destination Site.
D. Participation in Program does not constitute an employment, broker or agency relationship between Publisher and Insuraway nor does it create any partnership, joint venture, franchise, or sales representative relationship between the parties.
3. Authorization to Link and/or client data submission to Destination Site.
A. In the event Publisher’s application is accepted by Insuraway, Publisher may use (to the extent provided in Section 3(B) below) the Links available on the Program Section as necessary to participate in the Program. Insuraway will provide the HTML or weblink for such Links at the Program Section, including a special promotion identifier that will make possible tracking and reporting of all Transactions acquired through Publisher’s web site. It is the Publisher’s responsibility to properly integrate the Links into its web site and e-mails in accordance with the instructions available on the Program Section, and Insuraway shall not be liable to Publisher for Publisher’s failure properly to integrate the Links into Publisher’s web site or e-mails. Publisher agrees not to modify any Links in any way without the prior written permission of Insuraway. Publisher may only display the Links on Publisher’s web site for which Publisher’s application was approved, and if Publisher has web sites other than such approved web site, Publisher must submit an application and accept and agree to the terms of this Agreement for each additional web site to display the Links on such web site. Without limiting the foregoing, Publisher shall not promote or otherwise announce the availability of the Links anywhere other than within Publisher’s web site or in e-mails sent to Publisher’s customers in accordance with Section 5(D) below.
B. Notwithstanding Section 4.1 of your Publisher Service Agreement entitled, “Proprietary Rights and Licenses”, Insuraway hereby grants to Publisher a nonexclusive, revocable, non-transferable and non-sublicensable license to display on Publisher’s web site and in e-mails the Insuraway Links solely as necessary for, and for the purpose of, promoting the services associated with the Insuraway Links and identifying Publisher as a participant in the Program. To the extent that Insuraway Links contain Insuraway's trademarks, service marks or trade names, Publisher shall not use such marks in a manner that might be deemed to create a unitary composite mark. Publisher also agrees not to use the Insuraway Links in a manner that is, or otherwise include materials on Publisher’s web site that are, disparaging of Insuraway or any third party. Insuraway reserves all proprietary rights in and to the Insuraway Links not expressly granted herein. Publisher agrees that this license can be revoked upon notice in accordance with 3(C) or 4(B) below. Publisher agrees upon receipt of such notice immediately to cease using all Insuraway Links. Insuraway shall retain all right, title and interest in the Destination Site and all intellectual property rights therein.
C. You agree that Section 4.3 of your Publisher Service Agreement entitled, “Terminating Licenses”, does not apply to this Agreement and your participation in the Program. Instead, Publisher agrees that Insuraway may terminate any authority to display or distribute Links, as well as any sublicense and/or license, under this Agreement, immediately upon written notice to the authorized party/sublicense/licensee if Insuraway has reasonable concerns that the authorized party/sublicense/licensee is diluting, tarnishing or blurring the value of Insuraway’s trademarks, service marks, and/or tradenames, and/or breach of Insuraway’s other intellectual property rights.
4. Term and Termination.
A. The term of this Agreement shall be continuous, unless and until either party properly terminates this Agreement, in accordance with the following: (i) Insuraway shall provide Publisher with seven (7) days notice, except as provided for in Section 7(B) below; and (ii) Publisher shall use the contact system on Insuraway.com to drop the Program and Publisher shall comply with Section 4(E)(v) below.
C. For purposes of notification of termination by Insuraway, delivery via email is considered a written and immediate form of notification.
D. Upon any termination of this Agreement, Insuraway and Publisher will be released from all obligations and liabilities to the other party occurring or arising after the date of such termination or the transactions contemplated hereby, except with respect to those obligations which by their nature are designed to survive termination as provided herein; provided that no such termination will relieve Publisher from any liability arising from any breach of this Agreement occurring prior to termination.
E. Upon termination of this Agreement, (i) Insuraway’s acceptance of additional referrals obtained through Publisher shall not constitute a continuation or renewal of this Agreement or a waiver of such termination, (ii) Publisher shall be entitled only to those unpaid commissions, if valid, earned by Publisher on or prior to the date of termination; (iii) Publisher shall in no event be entitled to commissions with respect to any amount of referrals delivered after the date of termination; (iv) all rights and licensees of Publisher hereunder shall immediately terminate; and (v) Publisher shall cease all uses of any trade names, trademarks, service marks, logos and other designations of Insuraway or the Program.
5. Prohibited Conduct. Publisher may not engage in any inappropriate, misleading, deceptive or unlawful conduct ("Prohibited Conduct") in connection with the Program or this Agreement. "Prohibited Conduct" shall be determined by Insuraway in its reasonable discretion and includes, but is not limited to, the following:
A. Inappropriate Content. Publisher may not transmit or place any Insuraway Links on a web site that contains, or links to a web site or other destination that contains, content that is sexual, offensive, deceptive or illegal in nature or that in any way promotes or encourages hatred, violence, discrimination or illegal activities.
B. Misleading Consumers. Publisher may not use fraudulent, deceptive, or misleading means to generate visitors or Transactions on the Destination Site, or enlist or encourage any third party to do so on Publisher’s behalf.
C. Intellectual Property Rights. The content and materials that Publisher publish and/or display on Publisher’s web site, URL's, metatags, search engine ranking devices or otherwise may not infringe upon or violate any patent, copyright, trademark, trade secret or other proprietary right of a third party. Further, Publisher’s web site shall not, in any way, copy or resemble the look and feel of, or create the impression that it is part of the Destination Site or the Insuraway service.
D. Unsolicited E-Mail. Publisher agrees that Publisher will not send unsolicited, commercial e-mail (i.e., "spam") to any persons or entities ("Recipients") absent a Prior Business Relationship. For purposes of this Agreement, a "Prior Business Relationship" will mean that the Recipient has voluntarily either (i) engaged in a transaction with Publisher other than through an Insuraway Link provided on Publisher’s web site; or (ii) requested or expressly consented to receiving e-mails from Publisher. Any commercial e-mail or other online communications that are otherwise permitted hereunder shall include a prominent and easy means for the Recipient to "opt-out" of receiving any future commercial communications from Publisher.
6. Limitation of Liability; Disclaimer; Indemnification.
A. Liability. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING IN CONNECTION WITH THIS AGREEMENT, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (COLLECTIVELY, "DISCLAIMED DAMAGES"); PROVIDED THAT PUBLISHER SHALL REMAIN LIABLE TO INSURAWAY TO THE EXTENT ANY DISCLAIMED DAMAGES ARE CLAIMED BY A THIRD PARTY AND ARE SUBJECT TO INDEMNIFICATION PURSUANT TO SECTION 6(C). IN NO EVENT SHALL THE LIABILITY OF INSURAWAY IN CONNECTION WITH THIS AGREEMENT FOR DAMAGES EXCEED THE AMOUNT PAID OR PAYABLE BY INSURAWAY TO YOU UNDER THIS AGREEMENT.
B. No Additional Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY, AND EACH PARTY HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SUBJECT MATTER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ADDITIONALLY, ALL OF INSURAWAY'S AND ITS PARTNERS' WEBSITES, THE INSURAWAY LINKS, THE PROPRIETARY SOFTWARE USED TO CONNECT TO AND USE THE INSURAWAY SERVICE ("INSURAWAY SOFTWARE"), AND THE INSURAWAY SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE."
C. Indemnification. Publisher agrees to defend, indemnify and hold harmless Insuraway, its subsidiaries and affiliates, and their respective officers, directors, agents, distributors, franchisees and employees against any loss, damage, expense, or cost, including reasonable attorneys fees (including allocated costs for in-house legal services) arising out of any claim, demand, action, suit, investigation, arbitration or other proceeding by a third party ("Liabilities") based on (i) Publisher’s material breach of any covenant, duty, representation, or warranty of this Agreement, and (ii) materials contained on Publisher’s web site (including any allegation that such materials infringe a third party's proprietary rights).
7. Additional Terms.
A. Publisher shall not assign, transfer or delegate its obligations under this Agreement, either in whole or in part, without the prior written consent of Insuraway. Any attempted assignment, transfer or delegation in violation of the provisions of this provision will be void.
B. The provisions of this Agreement are severable. If any provision of this Agreement, or the application thereof to any person or circumstance, shall be deemed invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect the other provisions of this Agreement that can be given effect.
C. No delay or failure by Insuraway in exercising any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right.
D. The rights and remedies of Insuraway are not mutually exclusive; that is, the exercise of one or more of the provisions hereof shall not preclude the exercise of any other provision hereof. Publisher acknowledges, confirms, and agrees that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision hereof, the respective rights and obligations hereunder shall be unenforceable by specific performance, injunction, or other equitable remedy.
E. This Agreement shall be deemed a mutual agreement and shall not be construed and/or interpreted in favor or against either party on the basis of preparation of the Agreement.
F. By applying to the Program and by clicking–through the acceptance button to this Agreement, Publisher executes, accepts, enters into, and becomes party to this Agreement, effective on the date of such acceptance to this Agreement.
G. Insuraway reserves the right to modify the terms and conditions of this Agreement in its sole discretion upon seven (7) days prior written notice to Publisher. If any modification is unacceptable to Publisher, Publisher’s sole recourse is to terminate this Agreement. Publisher’s continued participation in the Program after notice of modification to the terms and conditions of this Agreement constitutes Publishers binding acceptance to the change.
H. This Agreement shall be governed by the laws of the State of Florida (USA), except for its conflict of law provisions. The exclusive forum for any actions related to this Agreement shall be in the state courts in Palm Beach County, Florida, and, to the extent that federal courts have exclusive jurisdiction, also in Palm Beach County, Florida. Publisher consents to such venue and jurisdiction.
I. Official notices to Insuraway should be sent via e-mail to brokers@Insuraway.com or any replacement e-mail address provided on the Program Section.
BY APPLYING FOR THE Insuraway PROGRAM AND CLICKING ON THE “ACCEPT” ICON BUTTON YOU ARE SIGNIFYING YOUR AGREEMENT TO BE PRESENTLY BOUND BY THE TERMS OF THIS AGREEMENT TO THE SAME EXTENT AS IF YOU HAD PERSONALLY SIGNED THIS AGREEMENT.