SmartEquine ProPerks Influencer Program Terms and Conditions
SmartPak Equine, LLC ("We", "SmartPak" or "Company") is offering you the opportunity to participate in our Barn Pro Influencer Program via an Influencer Program ("Program") offered on the website located at https://www.smartpakequine.com/content/smartbarnservices (the "Site").
Binding Agreement
By using the Site or participating in the Program, you are bound by these Terms and Conditions ("Terms") and indicate your agreement to them. These Terms shall be governed by the laws of Delaware without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved exclusively through binding arbitration administered by the American Arbitration Association in Delaware, and you waive any right to a jury trial or class action. All of the Company's decisions regarding the Program are final and binding.
Privacy
The personal information collected, processed and used as part of the Program will be used in accordance with Company's Privacy Statement, which is available by link on the Site. Company may use any data provided through the Program, including personal data and usage patterns, to improve its products and services, train artificial intelligence systems, and for any other business purposes, subject to applicable privacy laws.
How the Program Works
You must be a legal resident of the United States of America and at least 18 years old and be an approved Barn Professional to participate in the Program. Next, you must visit the Site and follow the on-screen instructions to promote Company products and services through your approved channels. Users may participate in promotional activities as directed by Company, subject to Company's sole discretion regarding frequency and scope. Once an individual is approved for the Program, he/she becomes an "Influencer" and will be provided with tracking codes that allow them to receive the benefit or reward advertised on the Site. Customers referred through the Program ("Referred Customers") must complete qualifying purchases as defined by Company.
Restrictions
Influencers cannot purchase products for themselves through their promotional codes or create multiple, fictitious or fake accounts with the Company or participate in the Program under multiple identities. No user may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program.
In addition, you may not:
- tamper with the Program
- act in an unfair or disruptive manner
- use any system, bot or device to participate or gain benefits
You may not engage in promotional activities that compete with Company's business or promote competing products.
CAUTION: Any attempt to deliberately damage or undermine the legitimate operation of the Program may be in violation of criminal and civil laws. The Company reserves the right to seek remedies and damages to the fullest extent of the law, including criminal prosecution.
Employees of the Company or its affiliates/promotional agencies are not eligible to participate.
Rewards
By making a valid qualifying promotion that results in a customer purchase, you’ll earn:
- $50 for each new customer’s first SmartPak subscription or first bucket/bag subscription
- $10 every time a future SmartPak subscription from that referred customer ships
Referred Customers will receive:
- 50% off their first SmartPak AutoShip
- 20% off the first bucket/bag AutoShip
Rewards may be redeemed in various forms, as determined solely by the Company. Rewards are subject to limitations, verification, and approval. The Company may delay a reward for up to 90 days for investigation, and process verified rewards within 60 days.
Unless stated otherwise, rewards have no cash value, are not transferable, and may not be sold or traded. Tax obligations are the sole responsibility of the recipient.
Liability
YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES.
You agree to defend, indemnify, and hold harmless the Company and its affiliates from any claims, losses, or damages arising from participation in the Program or breach of these Terms.
To the fullest extent permitted by law, the Released Parties’ maximum liability shall not exceed $100, except in cases of willful misconduct, gross negligence, or IP infringement.
Disclaimer of Warranties
THE PROGRAM IS PROVIDED "AS IS" AND "AS AVAILABLE." COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.
You assume all risk associated with the use of the Program. You agree to comply with all applicable laws, including FTC disclosure requirements.
Bulk Distribution ("Spam")
Influencers must comply with all applicable laws and platform-specific guidelines. Spam or unsolicited bulk communication is strictly prohibited. The Company may terminate any user in violation and seek legal remedy.
Sign-In Credentials
You are responsible for safeguarding your account credentials. The Company is not liable for unauthorized account activity resulting from your negligence.
Right to Cancel, Modify or Terminate
The Company may cancel, modify, or terminate the Program at any time. The Company may disqualify users who violate these Terms.
Intellectual Property and Content
You grant the Company a worldwide, royalty-free license to use content you create through the Program. Company IP may only be used as authorized.
Assignment
Company may assign these Terms at any time. You may not assign your obligations without written consent.
Independent Contractor
You are an independent contractor, not an employee. You are responsible for your own taxes and expenses.
Confidentiality
You agree to keep all non-public Company information confidential.
Force Majeure
Company is not liable for failure to perform due to events beyond its reasonable control.
Severability
If any part of these Terms is invalid, the rest remains enforceable.
Waiver
No waiver of any provision shall be deemed a waiver of any other or future breach.
Entire Agreement
These Terms represent the full agreement between you and the Company, superseding all prior agreements.