Term and Conditions
By submitting your application you are accepting the terms stated in this agreement.
AFFILIATE AGREEMENT
Tern provides AFFILIATE reporting of new customers and all monetary loads processed through Tern with account holders linked to AFFILIATE accounts. AFFILIATE will be provided a user name and password for the Affiliate Portal to review the following information: Link Clicks, Pending Members, Linked Customers, & Commission
To be identified as an Affiliate account holder (Customer), the consumer must be referred to US Unlocked through the unique referral link you will receive from USU. For Affiliate to receive commission, the referred consumer must first load their account (the first load payment includes the life-time member fee).
Affiliate shall only use sales and marketing materials that have been PROVIDED/APPROVED by Tern. Affiliate may not use trademarks without the written consent of Tern. Affiliate’s use of any MARKETING MATERIALS or trademarks NOT approved by Tern will result in the immediate termination of this Agreement.
At all times Affiliate and Tern will conduct themselves according to the highest standards of business and neither Tern Nor the Affiliate will in any manner denigrate the reputation of the other.
IN WITNESS WHEREOF, each Party has signed this Agreement or has caused this Agreement to be signed on its behalf in each case as of the date first written below.
Tern pays Affiliate commission of $10.00 of the $ 15.00-lifetime member fee and once an affiliate has 100 customers Tern will compensate Affiliate with $15.00 of the $ 15.00-lifetime member fee per Linked Customer. When Affiliate requests payment from the Affiliate Portal, payment will be made by placing the commission on the Affiliate’s US Unlocked Virtual Card Account.
Unless otherwise agreed upon in writing and added as an addendum, this agreement is non-exclusive, there is no employer-employee relationship, and Affiliate agrees to pay all applicable taxes or fees that may be levied against the affiliate by any legal taxing jurisdiction.
MUTUAL NON-DISCLOSURE AGREEMENT
BETWEEN
Tern Commerce LLC (dba US Unlocked) (“Party A”); and undersigned (“Party B”).
Collectively referred to as the “Parties”.
RECITALS
Each undersigned party (the “Receiving Party”) understands and acknowledges that the other party (the “Disclosing Party”) has disclosed or may disclose information relating to each other’s business with the expressed intention to establish a new venture that will involve disclosing both Party A and Party B services and any commercial relationship resulting from this intention, which to the extent previously, presently, or subsequently disclosed to the Receiving Party is hereinafter referred to as “Proprietary Information” of the Disclosing Party.
OPERATIVE PROVISIONS
In consideration of the disclosure of Proprietary Information by the Disclosing Party, the Receiving Party hereby agrees: (i) to hold the Proprietary Information in strict confidence and to take all reasonable precautions to protect such Proprietary Information (including, without limitation, all precautions the Receiving Party employs with respect to its own confidential materials), (ii) not to disclose any such Proprietary Information or any information derived there from to any third person, (iii) not to make any use whatsoever at any time of such Proprietary Information except to evaluate internally its relationship with the Disclosing Party, and (iv) not to copy or reverse engineer any such Proprietary Information. The Receiving Party shall procure that its employees, agents and sub-contractors to whom Proprietary Information is disclosed or who have access to Proprietary Information sign a nondisclosure or similar agreement in content substantially similar to this Agreement.
Without granting any right or license, the Disclosing Party agrees that the foregoing shall not apply with respect to any information after five years following the disclosure thereof or any information that the Receiving Party can document (i) is or becomes (through no improper action or inaction by the Receiving Party or any affiliate, agent, consultant or employee) generally available to the public, or (ii) was in its possession or known by it prior to receipt from the Disclosing Party as evidenced in writing, except to the extent that such information was unlawfully appropriated, or (iii) was rightfully disclosed to it by a third party, or (iv) was independently developed without use of any Proprietary Information of the Disclosing Party. The Receiving Party may make disclosures required by law or court order provided the Receiving Party uses diligent reasonable efforts to limit disclosure and has allowed the Disclosing Party to seek a protective order.
Immediately upon the written request by the Disclosing Party at any time, the Receiving Party will return to the Disclosing Party all Proprietary Information and all documents or media containing any such Proprietary Information and any and all copies or extracts thereof, save that where such Proprietary Information is a form incapable of return or has been copied or transcribed into another document, it shall be destroyed or erased, as appropriate.
The Receiving Party understands that nothing herein (i) requires the disclosure of any Proprietary Information or (ii) requires the Disclosing Party to proceed with any transaction or relationship.
Each party further acknowledges and confirms to the other party that no representation or warranty, express or implied, is or will be made, and no responsibility or liability is or will be accepted by either party, or by any of its respective directors, officers, employees, agents or advisers, as to, or in relation to, the accuracy of completeness of any Proprietary Information made available to the other party or its advisers; it is responsible for making its own evaluation of such Proprietary Information.
The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. If any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity, nor enforceability of the remainder of this Agreement shall be affected. Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party. This Agreement may not be amended for any other reason without the prior written agreement of both Parties. This Agreement constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about this Agreement was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto.
This Agreement shall be governed by the laws of the jurisdiction in which the Disclosing Party is located (or if the Disclosing Party is based in more than one country, the country in which its headquarters are located) (the “Territory”) and the parties agree to submit disputes arising out of or in connection with this Agreement to the non-exclusive of the courts in the Territory.
Tern Commerce LLC
30 Vesey St 9th Floor
New York, NY 10007
U.S.A.
email address: [email protected]