logo

FairShake Affiliate Program Agreement

Offer details:

FairShake will pay $10 for each qualifying new claim submitted through the affiliate link.

Valid claim qualifications:
• Referral fees will only be available for the first claim from customers new to FairShake.
• Only claims against AT&T, T-Mobile, and Verizon are eligible for referral bonuses. Claims against other companies will be accepted but will not result in a bonus.
• No referral fees will be paid for an affiliate’s own claims, claims from an affiliate’s business, or claims from a family member or family member’s business.
• No referral fees will be paid on claims that are identified as spam, fraudulent, or otherwise contrary to the program’s intended use, at FairShake’s discretion.

Affiliate Program Operating Agreement

LATEST UPDATE: March 18, 2021

This Affiliate Program Operating Agreement (the “Agreement”) is made and entered into by and between FairShake Inc. (“FairShake” or “we”), and you, (“you” or “Affiliate”) the party submitting an application to become a FairShake affiliate).

  1. Obligations of the Parties
    Subject to our acceptance of you as an affiliate and your continued compliance with the terms and conditions of this Agreement, FairShake agrees as follows:

    1. We will make available to you via the Affiliate Program graphic and textual links to the Program Web Site and/or other creative materials (collectively, the “Links”) which you may display on web sites owned or controlled by you, in emails sent by you and clearly identified as coming from you and in online advertisements (collectively, “Media”). The Links will serve to identify you as a member of our Affiliate Program and will establish a link from your Media to the Program Web Site.
    2. We will pay Affiliate for each Qualified Action (the “Commission”). A “Qualified Action” means an individual person who (i) accesses the Program Web Site via the Link, where the Link is the last link to the Program Web Site, (ii) is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person, (iii) is not using pre-populated fields (iv) completes all of the information required for such action within the time period allowed by FairShake and (v) is not later determined by FairShake to be fraudulent, incomplete, unqualified or a duplicate.
    3. We will pay you any Commissions earned monthly, or more frequently at our discretion. We reserve the right to charge back to your account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action.
    4. All tracking of Links and determinations of Qualified Actions and Commissions shall be made by FairShake in its sole discretion. In the event that Affiliate disputes in good faith any payment, Affiliate must submit that dispute to FairShake in writing and in sufficient detail within thirty (30) days of the end of the month in question. If Affiliate does not dispute the payment as set forth herein, then Affiliate agrees that it irrevocably waives any claims based upon activity in that month.
    5. If Affiliate has an outstanding balance due to FairShake under this Agreement or any other agreement between the Affiliate and FairShake, whether or not related to the Affiliate Program, Affiliate agrees that FairShake may offset any such amounts due to FairShake from amounts payable to Affiliate under this Agreement.

Affiliate also agrees to:

    1. Have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.
    2. Ensure that all materials posted on your Media or otherwise used in connection with the Affiliate Program (i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights of any third party and (iii) do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities (such as gambling), contains profanity or otherwise contains materials that FairShake informs you that it considers objectionable (collectively, “Objectionable Content”).
    3. Not make any representations, warranties or other statements concerning FairShake or any of their respective products or services, except as expressly authorized herein.
    4. Make sure that your Media does not create the impression that your Media is a part of the FairShake Web Site, without prior written permission from us.
    5. Comply with all (i) obligations, requirements and restrictions under this Agreement and (ii) laws, rules and regulations as they relate to your business, your Media or your use of the Links.
    6. Comply with the terms, conditions, guidelines and policies of any third party services used by Affiliate in connection with the Affiliate Program, including but not limited to, email providers, social networking services and ad networks.
    7. Always prominently post and make available to end-users, including prior to the collection of any personally identifiable information, a privacy policy in compliance with all applicable laws that clearly and thoroughly discloses all information collection, use and sharing practices.
    8. Always prominently post and make available to end-users any terms and conditions in connection with the Offer set forth by FairShake, or as required by applicable laws regarding such Offers.

The following additional program-specific terms shall apply to any promotional programs set forth below:

    1. Paid search advertising: In any paid search advertising conducted with the primary objective of producing referrals to FairShake or with a landing page that directs traffic to the FairShake site, affiliate will not knowingly bid on keywords or queries related to the FairShake name, any keywords or queries on which FairShake itself is bidding, or any keywords or queries that FairShake requests be excluded at any time.
    2. Email Campaigns. FairShake may provide a “Suppression List”. Affiliate shall filter its email list by removing any entries appearing on the Suppression List and will only send emails to the remaining addresses on its email list. If any opt-out requests come directly to Affiliate, Affiliate shall immediately forward them to FairShake at growth@fairshake.com.
    3. Advertising Campaigns. No Links can appear to be associated with or be positioned on chat rooms or bulletin boards unless otherwise agreed by FairShake in writing. Any pop-ups/unders used for the Affiliate Program shall be clearly identified as Affiliate served in the title bar of the window and any client-side ad serving software used by Affiliate shall only have been installed on an end-user’s computer if the function of the software is clearly disclosed to end-users prior to installation, the installation is pursuant to an affirmatively accepted and plain-english end user license agreement and the software be easily removed according to generally accepted methods.
    4. Applicable claims. All referred claims must meet the following conditions in order to be payable under this program.
      1. Any fraudulent or invalid claims will not earn a reward. FairShake will determine this at its discretion.
      2. You will not earn referral bonuses on claims made by yourself or members of your household, or businesses owned by you or them.
      3. Terms to this program may change at any time at our discretion, and will be updated on this web page. Program may cease at any time at our discretion.
  • Confidentiality
    Except as otherwise provided in this Agreement or with the consent of FairShake, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Affiliate Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you. Affiliate shall not use any information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Affiliate Program, or assist another party to do the same.
  • Limited License & Intellectual Property
    1. We grant you a nonexclusive, nontransferable, revocable right to use the Links and to access our web site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of identifying your Media as a participant in the Affiliate Program and assisting in increasing sales through the Program Web Site.
    2. You may not alter, modify, manipulate or create derivative works of the Links or any FairShake graphics, creative, copy or other materials owned by, or licensed to, FairShake in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the Affiliate Program. We may revoke your license anytime by giving you written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of FairShake’s trademarks, service marks, copyrights, patents or trade secrets. You agree that FairShake may use any suggestion, comment or recommendation you choose to provide to FairShake without compensation. All rights not expressly granted in this Agreement are reserved by FairShake.
  • Termination
    This Agreement shall commence on the date of signature and shall continue thereafter until terminated as provided herein. You may terminate your participation in the Affiliate Program at any time by removing all Links from your Media, deleting all copies of the Links. We may terminate your participation in one or more Offers or this Agreement at any time and for any reason which we deem appropriate with or without prior notice to you by disabling the Links or providing you with a written notice. Upon termination of your participation in one or more Offers or this Agreement for any reason, you will immediately cease all use of and delete all Links, plus all FairShake intellectual property, and will cease representing yourself as a FairShake affiliate for such one or more Offers. All rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination.
  • Remedies
    In addition to any other rights and remedies available to us under this Agreement FairShake reserves the right to delete any actions submitted through your Links and withhold and freeze any unpaid Commissions or charge back paid Commissions to your account if (i) FairShake determines that you have violated this Agreement, (ii) FairShake receives any complaints about your participation in the Affiliate Program which FairShake reasonably believes to violate this Agreement or (iii) any Qualified Action is later determined to have not met the requirements set forth in this Agreement or on the Affiliate Program. Such withholding or freezing of Commissions, or charge backs for paid Commissions, shall be without regard as to whether or not such Commissions were earned as a result of such breach. In the event of a material breach of this Agreement, FairShake reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions.
  • Anti-Spam Policy
    You must strictly comply with the federal CAN-SPAM Act of 2003 (the “Act”). All emails sent in connection with the Affiliate Program must include the appropriate party’s opt-out link. From time to time, we may request – prior to your sending emails containing linking or referencing the Affiliate Program that you submit the final version of your email to FairShake for approval by sending it to your FairShake representative and upon receiving written approval from FairShake of your email the email may be transmitted to third parties.
    It is solely your obligation to ensure that the email complies with the Act. You agree not to rely upon FairShake’s approval of your email for compliance with the Act, or assert any claim that you are in compliance with the Act based upon FairShake’s approval.
  • Fraud
    You are expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with referrals through the Links or the generation of Commissions or exceed your permitted access to the Affiliate Program. Such acts include, but are in no way limited to, using automated means to increase the number of clicks through the Links or completion of any required information, using spyware, using stealware, cookie-stuffing and other deceptive acts or click-fraud. FairShake shall make all determinations about fraudulent activity in its sole discretion.
  • Representations and Warranties
    You hereby represent and warrant that this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms and that you have the authority to enter into this Agreement. Subject to the other terms and conditions of this Agreement, FairShake represents and warrants that it shall not knowingly violate any law, rule or regulation which is applicable to FairShake’s own business operations or FairShake proprietary products or services.
  • Mutual Indemnification
    Affiliate hereby agrees to indemnify, defend and hold harmless FairShake and their respective subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs) based on (i) any failure or breach of this Agreement, including any representation, warranty, covenant, restriction or obligation made by Affiliate herein, (ii) any misuse by Affiliate, or by a party under the reasonable control of Affiliate or obtaining access through Affiliate, of the Links, Offers or FairShake intellectual property, or (iii) any claim related to your Media, including but not limited to, the content contained on such Media (except for the Links).
    FairShake hereby agrees to indemnify, defend and hold harmless Affiliate and its subsidiaries, affiliates, partners, and their respective directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs) based on a claim that FairShake is not authorized to provide you with the Links.
  • Disclaimers
    THE AFFILIATE PROGRAM AND LINKS, AND THE PRODUCTS AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED TO AFFILIATE “AS IS”. EXCEPT AS EXPRESSLY SET FORTH HEREIN, FAIRSHAKE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. FAIRSHAKE DOES NOT WARRANT THAT THE AFFILIATE PROGRAM OR LINKS WILL MEET AFFILIATE’S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE AFFILIATE PROGRAM OR LINKS WILL BE COMPLETELY ERROR- FREE OR UNINTERRUPTED. FAIRSHAKE EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A CLIENT OR THEIR PRODUCTS OR SERVICES. FAIRSHAKE DOES NOT GUARANTEE THAT AFFILIATE WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.
  • Limitation of Liability
    IN NO EVENT SHALL FAIRSHAKE BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE LINKS, PROGRAM WEB SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF FAIRSHAKE. IN NO EVENT WILL FAIRSHAKE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY / WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT FAIRSHAKE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. FAIRSHAKE’S CUMULATIVE LIABILITY TO AFFILIATE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO AFFILIATE BY FAIRSHAKE IN COMMISSIONS DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.
  • Governing Law & Miscellaneous
    This agreement and the relationship between the parties is governed by the laws of California and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of California and the courts having appeal from them. Affiliate shall be responsible for the payment of all attorneys fees and expenses incurred by FairShake to enforce the terms of this Agreement. This Agreement contains the entire agreement between FairShake with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Affiliate may not assign all or any part of this Agreement without FairShake’s prior written consent. FairShake may assign this Agreement at any time with notice to Affiliate. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto. The provisions of Section 2, 3(b), 5, 6, 7, 9-12 and any accrued payment obligations shall survive the termination of this Agreement. This Agreement may not be modified without the prior written consent of both parties. If any provision of this Agreement is held to be void, invalid or inoperative, the remaining provisions of this Agreement shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. Each party to this Agreement is an independent contractor in relation to the other party with respect to all matters arising under this Agreement. Nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties. No course of dealing nor any delay in exercising any rights hereunder shall operate as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.

FairShake helps put the power and money back in your hands

Take Action