TuneUp 66 (the “Web Site“), is operated by Tuner Group Inc (“Tuner“). This TUNER Affiliate Program Agreement (the “Agreement”) sets forth the terms and conditions of your use of the TUNER Affiliate Program (the “TUNER Affiliate Program” or the “Services”) and represents the entire agreement between you and TUNER. By using the TUNER Affiliate Program, you acknowledge you have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, and with any new, different or additional terms and conditions hereto, including, but not limited to, TUNER’s Terms and Conditions of service, and TUNER’s Privacy Policy, which may be found at https://tuneup66.com/privacy-policy/ . The present Agreement has been last updated on February 7, 2023 and applies to all affiliates.

IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS LISTED BELOW WITH ATTENTION:

1. Description of the Program

The TUNER Affiliate Program allows you to provide a platform for advertising TUNER’s products via your web site or publishing location (such as an electronic newsletter or blog), thereby generating traffic to the TUNER Web Site. You may earn a portion of the revenue generated (“Commission”) if a person or entity that is not you purchases a TUNER product or service after being referred to TUNER’s Web Site or Web Site content from an internet hyperlink contained on your web site or publishing location.

Each time you refer a client, we place a cookie (small non-intrusive file) on their computer which will allow us to know who referred them. As soon as the order is placed, we can credit your account with the corresponding referral Commission. Using this method, you will receive your Commission even if the purchase is made at a later time, up to six (6) months after the initial referral. We refer you to paragraph 7 of the present agreement for more details on Commission payments.

Should the visitor click on another web site or publishing location link that is not controlled by you, or return to the TUNER Web Site via another source-coded advertising link during the initial six (6) months, your link will be overwritten and you will not receive a Commission payment for that visitor’s purchase.

2. Eligibility to the Program

2.1. You are not eligible for a Commission payment on purchases made by you, your employees, agents, representatives, or contractors; and

2.2. TUNER employees and their immediate family members are not allowed to participate in the TUNER Affiliate Program.

3. Enrollment in the Program

To begin the enrollment process, you must activate the TUNER Affiliate Program by filling the form located at https://tuneup66.com/become-an-affiliate/   We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine, in good faith, that your web site is unsuitable for the TUNER Affiliate Program for any reason, including, but not limited to, if your site incorporates images or content that is in any way unlawful, defamatory, obscene, harmful, threatening, harassing or racially, ethnically of otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright, trademark or other intellectual property rights infringement (collectively “Content Restrictions”).

4. Promotion of our Affiliate Relationship

As an Affiliate web site, we will make available to you banner advertisements, button links to our site and /or text links to the TUNER Web Site, containing the TUNER logo and words identifying the products or promotions on the TUNER Web Site (collectively “Links”), which, subject to the terms and conditions below, you may display as often and in as many areas on your web site as you wish. The Links will serve to identify your site as a member of the TUNER Affiliate Program and will establish a link from your site to ours. We refer you to paragraph14 of the present Agreement for restrictions relating to the use of TUNER’s trademarks, logos and other intellectual property.

5. Web Site and Publishing Location Restrictions

You acknowledge and agree that your web site or publishing location shall not (and shall not enable others to):

1. Engage in sending unsolicited email (“spam”), indiscriminate advertising or engage in any other illegal marketing tactic including, but not limited to, forum postings;
2. Collect personal information about minors without their parent’s or legal guardian’s prior written consent;
3. Encourage unlawful behavior;
4. Display, promote or sell illegal content, or offer any other illegal product or service;
5. Violate any applicable law;
6. Contains Links to web sites containing any illegal content.

In addition, you acknowledge and agree you shall not:

1. Copy, alter or modify any icons, buttons, banners, graphics, files or content contained in TUNER’s Links, including but not limited to removing or altering copyright or trademark notices. You recognize that TUNER owns all rights in and to all information regarding the visitors that you refer to the TUNER Web Site;
2. Enter into an arrangement or agreement under which a third party pays you fees or shares in any revenues or royalties for any search results displayed on your web site;
3. Alter the tracking codes to allow you to collect personally identifiable information or visitors that would allow you to personally identify visitors;
4. Use a TUNER look-alike site that suggests or gives the visitor the impression that your web site or publishing location is affiliated with TUNER. This includes using TUNER’s trademarks, trade names, or any variations or misspellings thereof, in your URL, business name or site name.
5. Cause any purchases to be made that are not in good faith including, but not limited to, using any method, device, program, robot iframes or hidden frames. Non-bona fide purchases shall not be eligible for Commission payments.
6. Engage in activities, whether lawful or unlawful, that TUNER determines, in its sole and absolute discretion, to be harmful to TUNER or its customers, employees or reputation.

You acknowledge and agree that TUNER may refuse anyone’s candidature to the TUNER Affiliate Program or terminate existing accounts due to a breach of any of the conditions listed in the present Agreement.

6. Commissions

We will pay you a Commission based on the structure available on the Affiliates page of the TUNER Web Site. All commissions are in US Dollars.

This Commission rate is subject to change from time to time, as published on the TUNER Web Site and commencing thirty (30) days following such publication.

7. Commission Payments

Each time you refer TUNER a client, a Commission will be calculated and added to your TUNER Affiliate Account according to the Commission rates referred to in section 6 of the present Agreement. You are not eligible for a Commission payment on purchases made by you, your employees, agents, representatives, or contractors.

In the event that a product is returned, and Commission was already paid, TUNER will deduct the amount of the return from the affiliates referral commission. 

TUNER reserves the right to extend the payment date on orders suspected of fraudulent or abusive activity.

Payments will be made via Paypal, Stripe or ACH

The affiliate section of the TUNER Web Site shows you detailed statistics about your referrals and commissions. You will also receive a monthly email report of sales and referral. TUNER shall use commercially reasonable efforts to provide you with accurate real time reports of the revenue your Web Site, links or publishing location generates.

All payouts are made in US Dollars (USD)

8. Affiliate Obligations, Representations and Warranties

By using the TUNER Affiliate Program, you represent and warrant that you are at least eighteen (18) years of age. The TUNER Affiliate Program is available only to persons who can make legally binding contracts under applicable law.

In addition, you represent and warrant that you have provided accurate, current and complete information in the application and/or registration process and you agree to maintain accurate information by providing updates to TUNER, as needed, while you are using TUNER services. You agree you will notify TUNER within ten (10) business days when the information you provided as part of the application and/or registration process changes.

You agree that TUNER may use and rely on any such information provided by you for all purposes in connection with your services, subject to TUNER’s Privacy Policy located at https://tuneup66.com/privacy-policy/  Should you provide any information that is inaccurate, misleading or incomplete, or if TUNER has reasonable grounds to suspect that your information is inaccurate, misleading or incomplete, TUNER has the right, in its sole discretion, to terminate its services and close your account.

In addition, you hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power and are not contrary to any law, rule, regulation, order, judgment or decree which is binding upon you.

8.1. Indemnification Obligations

Affiliate agrees to indemnify and hold harmless TUNER for and against any and all claims, damages, losses, penalties, costs, expenses and fees (collectively “Claims”) arising out of or in connection with (i) Affiliate’s breach of or non-compliance with this Agreement, (ii) Affiliate’s use of the Services, (iii) Affiliate’s violation or alleged violation of any applicable law, (iv) Affiliate’s violation or alleged violation of any rights if another, including violation of a person’s or entity’s intellectual property rights, (v) any products or services offered, sold or otherwise made available by an Affiliate on its web site, (vi) Affiliate’s acts or omissions in using, displaying or distributing any Links obtained from the TUNER Affiliate Program, including but not limited to Affiliate’s use of links via email distribution.

8.2. Confidentiality

Except as otherwise provided in this Agreement or with the written consent or the other party hereto, each of the parties hereto agrees that all information including but not limited to business and customer information, customer and vendor lists, and pricing and sale information concerning you, TUNER or any other Affiliate shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party hereto or its affiliates. Notwithstanding the foregoing, each party is hereby authorized to deliver any such information (a) to any person pursuant to a subpoena issues by any court or administrative agency, (b) to its accountants, lawyers, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation or legal process.

You agree to use your account solely for lawful purposes and agree that you are fully responsible for all content and data on your account.

You agree that you are fully responsible for maintaining the confidentiality of your TUNER Affiliate number and login information, password, credit card number (collectively the “Account Access Information”). You agree that you are entirely responsible for any and all activities that occur under your account. You agree to notify TUNER immediately of any unauthorized use of your account or of any other breach of security. You agree TUNER will not be liable for any loss that you may incur as a result of someone else using your Account Access Information, either with or without your knowledge. You also agree that you could be held liable for losses incurred by TUNER or another party due to someone else using your Account Access Information. TUNER advises you keep your Account Access information in a secure location and take precautions to prevent others from gaining access and/or using your Account Access Information. You may not, under any circumstance, compromise the security of your account or of the TUNER infrastructure in any way.

9. Terms of the Agreement

The term of this Agreement will begin upon your acceptance of your Affiliate Program Application and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. You are only eligible to earn a Commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned.

10. Relationship of the parties

You and TUNER are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this section. TUNER expressly disclaims responsibility for any conduct by you in violation of the terms of this Agreement.

11. Disclaimers

TUNER makes no express of implied warranties or representations with respect to the Affiliate Program or any product or other items sold through the TUNER Affiliate Program, including but not limited to warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of course of performance, dealing or trade usage. Furthermore, TUNER makes no representation that the operation of the TUNER Web Site will be uninterrupted or error-free, and TUNER will not be liable for the consequences of any interruptions or errors.

12. Successors and Assigns

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

13. Force Majeure

TUNER will make every effort to keep its web site and services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold TUNER liable for any of the consequences of such interruptions.

14. Trademarks and Copyrights

The names TuneUp 66 as the logos associated with these names are trademarks owned by TUNER. Any use of these trademarks is strictly prohibited without the prior written consent of TUNER and must be done in accordance with the provisions of this Agreement. In addition, all names and trademarks belonging to third parties and appearing on the TUNER Web Site are the property of their respective owners and may be used only with the consent of their respective owners.

The TUNER Web Site, along with its contents, including text, images and the selection and arrangement of its data, are protected by copyright © 2022, TUNER CORP INC. ALL RIGHTS RESERVED

You can view and download the information contained on the TUNER Web Site for your personal use and not for commercial purposes. Any other use, modification or copying of the Site, in whole or in part, without TUNER’s prior written consent is prohibited.

15. Questions and Concerns

If you would like more information about the TUNER Affiliate Program, please contact TUNER via email at support@tuneup66.com  Please contact us with your questions and concerns and we will deploy our best efforts to assist you.

16. Complaints

Complaints or policy violations must be reported to support@tuneup66.com

17. Severability

Should any provision of this Affiliate Program Agreement be contrary to law, void, enforceable or illegal for any reason, such provision shall be deemed severable from the Affiliate Program Agreement and shall not affect the validity or the enforceability of the remaining provisions.

19. Applicable Law and Jurisdiction

This Agreement and its interpretation are subject to the laws of the State of Delaware and the laws of the State of Delaware applicable therein, without giving effect to any principles of conflicts of laws.