Affiliate terms

These Affiliate Program Terms (the "Affiliate Terms") are a binding agreement between Rusti.Red ("Rusti.Red", "we", or "us") and you, a participant in the Rusti.Red affiliate program (the "Program"). By joining the Program, you agree to these Affiliate Terms and to the Rusti.Red Terms of Service and Privacy Policy, which are incorporated by reference. If these Affiliate Terms conflict with the Terms of Service, these Affiliate Terms control as to the Program.

To participate, you must have a Rusti.Red account, be at least 18 years old, reside in the United States, and provide accurate information. Rusti.Red may decline, suspend, or remove any participant at any time, in its sole discretion.

Your participation is tied to your Rusti.Red login. If that login is deleted or deactivated, your participation ends. If you join with a login provided by an employer or another business, that business controls the login, and Rusti.Red is not responsible for any loss resulting from its actions.

A "Qualified Referral" is a business that (a) registers for a Rusti.Red account within sixty (60) days after last clicking your referral link, or enters your referral code at checkout; (b) has never before been a paying Rusti.Red customer; (c) is not owned or controlled by you and is not the business your login belongs to; and (d) otherwise meets these Affiliate Terms and any Program requirements Rusti.Red publishes.

Rusti.Red determines attribution using its own tracking and records, which are final and binding. Rusti.Red is not responsible for referrals that are not tracked, including because of browser settings, cleared storage, or technical errors. A business attributed to an affiliate will not be reassigned, except to correct an error.

Referred businesses may receive a discount, as described on the Program page, which Rusti.Red may change or discontinue at any time. Rusti.Red will share with you only a referred business's name, plan, and payment status.

For each Qualified Referral, you are eligible to earn a commission on subscription payments that Rusti.Red actually receives from it, at the rate, on the basis, and for the period published for the Program when the Qualified Referral first pays (the "Commission"). As of the date of these Affiliate Terms, the Commission is fifty percent (50%) of the list price of the referred business's plan and additional seats, excluding taxes, for the twelve (12) months following its first payment.

Rusti.Red may change the Commission rate, basis, or duration, the eligible products, or any other aspect of the Program at any time. Unless Rusti.Red states otherwise, a change applies to businesses that first pay after it takes effect.

Commissions on a Qualified Referral will never exceed the amounts Rusti.Red actually receives from that business, less payment processing fees, messaging and other direct costs attributable to it, refunds, and chargebacks. Any part of a Commission those amounts do not cover is deferred and paid only from later payments by the same business; if the business stops paying, the deferred part is forfeited.

No Commission is earned on taxes; on payments that are refunded, charged back, or disputed; on accounts Rusti.Red determines were created or paid for fraudulently or in violation of these Affiliate Terms; or on payments received after your participation ends.

A Commission becomes payable no earlier than thirty (30) days after Rusti.Red receives the payment it is based on, and not before the end of the billing period that payment covers. Payouts are made at your request through the Program page, to the bank account you connect through Stripe, which requires you to accept Stripe's terms.

Rusti.Red may set or change a minimum payout amount, payout schedule, or payout method; may deduct any applicable transfer or processing fees; and may withhold any payout while it reviews a referral or your compliance with these Affiliate Terms.

Rusti.Red may reverse or adjust any Commission, and may recover any amount paid to you in error, or on a payment that is later refunded, charged back, or found ineligible, by offsetting it against future Commissions or by requiring you to repay it within thirty (30) days of Rusti.Red's request.

Commissions not requested within twelve (12) months after they become payable, or that cannot be paid because you have not completed payout setup or provided required tax information, may be forfeited.

You are solely responsible for all taxes on Commissions. You must provide any tax information Rusti.Red or its payment processor requires, and payouts may be withheld until you do. Rusti.Red or its payment processor will issue tax forms as required by law.

You must:

• clearly and conspicuously disclose your material connection to Rusti.Red in every communication that contains your link or code, as the Federal Trade Commission's Endorsement Guides require, for example: "I earn a commission if you sign up with my link.";
• make only truthful and accurate claims about Rusti.Red, consistent with Rusti.Red's published materials, and make no promises or representations on Rusti.Red's behalf;
• not bid on or use in advertising Rusti.Red's names or trademarks, or any misspelling or variation of them, including in search advertising, domain names, and social media handles;
• not post your code or link on coupon, deal, cashback, or incentive sites, or offer any payment or incentive for sign-ups;
• not send spam or unsolicited messages, and comply with all applicable laws, including laws on email, text messaging, telemarketing, and advertising;
• not create accounts, or cause others to create accounts, solely to earn Commissions, or engage in any fraudulent, deceptive, or manipulative activity;
• use Rusti.Red's names and logos only as Rusti.Red permits, under a limited, revocable, non-exclusive license that ends with your participation, and stop or change any promotion when Rusti.Red asks.

You are an independent contractor. Nothing in these Affiliate Terms creates an employment, agency, partnership, franchise, or joint venture relationship, and you have no authority to bind Rusti.Red.

You will defend, indemnify, and hold harmless Rusti.Red and its owners, officers, employees, contractors, and agents from and against all claims, investigations, losses, damages, fines, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to your promotional activities, your breach of these Affiliate Terms, or your violation of law or of any third party's rights.

You may stop participating at any time by writing to [email protected]. Rusti.Red may suspend or terminate your participation, or end the Program, at any time, for any reason, with or without notice.

If your participation ends for any reason other than your breach of these Affiliate Terms, Rusti.Red will pay the Commissions earned on payments it received from Qualified Referrals before the termination date, once they are payable and subject to these Affiliate Terms. No Commissions are earned on payments received after the termination date.

If Rusti.Red determines that you breached these Affiliate Terms or engaged in fraud, all unpaid Commissions are forfeited, and Rusti.Red may recover Commissions previously paid on ineligible referrals.

The Program is provided "as is". The disclaimers, limitations of liability, and dispute resolution provisions of the Terms of Service, including its arbitration agreement and class action waiver, apply to the Program.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RUSTI.RED'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE PROGRAM OR THESE AFFILIATE TERMS WILL NOT EXCEED THE COMMISSIONS PAID OR PAYABLE TO YOU FOR THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY.

Rusti.Red may modify these Affiliate Terms at any time by posting the revised version. Changes take effect when posted, unless they state otherwise. Your continued participation after a change takes effect constitutes acceptance of it. If you do not agree, you must stop participating.

Questions about the Program may be sent to [email protected].