Referral Program Agreement

Definitions. “Company” refers to CryptoComics Marketplace and its owners, partners, and affiliates. “Affiliate” means the individual user that signs up to become a member of the “company”, uses the services, and invites others to join the Company through any means provided by the Company. “Referee” means anyone who has been invited to join the Company by an Affiliate, and signs up as a member as a result of the invite provided by the Affiliate. “Second Level Referee” is a member of the Company that signs up under a Referee of the Affiliate. They become a Second Level Referee to the Affiliate. The Affiliate can be eligible to earn referral reward Credits for both the actions of the Referee, and the Second Level Referee. “Credits” refer to the referral reward tokens paid to the Affiliate. Credits are not actual currency, and cannot be exchanged for currency. Credits are tracked using the StacksNET blockchain, and can only be used within the CryptoComics Marketplace to purchase items. Items purchased using Credits can be resold for Currency. “Currency” refers to either digital currencies, such as Ethereum, or fiat currency, such as the USD.

Referral Arrangement. By joining the CryptoComics Marketplace (“Company”), you (the “Affiliate”) are agreeing to become an affiliate of the Company. By inviting others to join the Company by a) sending them an email with an invite code or directly sending them an invite code through any means; b) by sharing your profile that includes a sign up for new members; or c) by any other means now or in the future that allows new members to join the Company using a code or invite from the Affiliate, you are agreeing to abide by the terms of this Referral Agreement.

Compensation. The Company shall pay the Affiliate a percentage of every sale or purchase made by the Referees in StacksNet(™) Credits. The credits may be used to purchase items in the Marketplace, but cannot be exchanged for currency. The Company may also pay the Affiliate a percentage of every sale or purchase made by Second Level Referees. The percentage amounts are defined in Payments and Commissions, and are subject to change at the discretion of the Company. The Company will pay the Affiliate at a time determined by the Company, minus refunds or remitted funds for sales that do not follow the Seller Terms and Conditions or other policies.

Term. Affiliates may opt out of this agreement by simply deactivating their CryptoComics Account. 

Confidentiality. The Company cannot reveal the referral relationship between users in the CryptoComics Marketplace. Affiliates may view reports of payments in their Dashboard, but the identity of referees will not be revealed.

Termination. This Agreement may be terminated at any time by either Party by deactivating the CryptoComics account. Upon termination, the Company shall pay the Affiliate all compensation due and owing for referrals made prior to the date of termination, but not yet paid. In the event that the termination is the result of a failure to comply with company policies or legal requirements, no payment will be made.

Representations and Warranties. Both Parties represent that they are fully authorized to enter into this Agreement. The performance and obligations of either Party will not violate or infringe upon the rights of any third party or violate any other agreement between the Parties, individually, and any other person, organization, or business or any law or governmental regulation.

Indemnity. The Parties each agree to indemnify and hold harmless the other Party, its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from the negligence of or breach of this Agreement by the indemnifying Party, or its respective successors and assigns that occurs in connection with this Agreement. This section remains in full force and effect even after termination of the Agreement by its natural termination or the early termination by either Party.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, WHICH ARE NOT RELATED TO OR THE DIRECT RESULT OF A PARTY’S NEGLIGENCE OR BREACH.

Disclaimer of Warranties. The Affiliate shall refer potential customers using means provided by the Company. THE AFFILIATE DOES NOT REPRESENT OR WARRANT THAT SUCH REFERRALS WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. THE AFFILIATE HAS NO RESPONSIBILITY TO THE COMPANY IF THE REFERRALS DO NOT LEAD TO THE COMPANY’S DESIRED RESULT(S).

Severability. In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable. 

Waiver. The failure by either Party to exercise any right, power, or privilege under the terms of this Agreement will not be construed as a waiver of any subsequent or future exercise of that right, power, or privilege or the exercise of any other right, power, or privilege. 

Legal Fees. In the event of a dispute resulting in legal action, the successful Party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.

Legal and Binding Agreement. This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Agreement.

Governing Law and Jurisdiction. The Parties agree that this Agreement shall be governed by the State and/or Country in which both Parties do business. In the event that the Parties do business in different States and/or Countries, this Agreement shall be governed by Idaho, United States law.

Entire Agreement. The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both Parties.