These terms and conditions (“Terms”) apply to the Traxo Affiliate Referral Program (“Affiliate Program”). The purpose of the Program is to identify and secure new Traxo clients through referrals from Affiliate Program Affiliates (“Affiliates”), defined as an individual who submits a referral through the Traxo Referral Form (“Referral Form”) located at https://www.traxo.com/affiliate-program. Traxo may pay out an incentive payment to an Affiliate for the successful referral of a new client (“Affiliate Incentive”).
Traxo reserves the right to disqualify any Affiliate that it determines, in its sole discretion, is ineligible to participate in the program.
Traxo has complete discretion as to who it will do business with and on what terms including, without limitation, whether to accept a referral as a customer. Traxo also has full discretion on whether and when to pay out the Affiliate Incentive.
Decisions of Traxo are final, binding and non-appealable. In case of dispute, Affiliate agrees to mutually binding arbitration.
These Terms are independent of any other relationship between Affiliate and Traxo. To the extent permitted by applicable law, Traxo reserves the right to change or cancel the Affiliate Program at any time.
By submitting the Referral Form, Affiliate consents to receive electronic communications from Traxo, including advertising and marketing materials.
To be eligible for the Program an Affiliate must:
All Affiliates that would be covered under any other Traxo referral program relating to Traxo products and services are ineligible to participate in the Program. Individuals may not participate in the Program where doing so would be prohibited by any applicable law or regulation. Traxo reserves the right to disqualify any Affiliate that it determines, in its sole discretion, is ineligible to participate or Traxo otherwise does not wish for the Affiliate to participate.
A Qualified Referral must meet the following criteria (collectively, a “Qualified Referral”):
In addition, Traxo will only accept one source for each Referral. In the event that two or more independent Affiliates submit the same Referral, Traxo retains full discretion as to which Affiliate will receive the Affiliate Incentive for the Referral. Traxo is not responsible for lost, misdirected or delayed referrals.
Traxo will pay out Affiliate Incentive according to the following process:
If the above conditions are met, Traxo will pay out according to the following “Affiliate Incentive” table below:
|Affiliate Incentive||$1,000 USD||$2,500 USD||$5,000 USD|
The Affiliate Incentive will be issued in the form of a digital payment (preferred) or check.
Cancellation. To the extent permitted by applicable law, Traxo may at any time, without prior notice, modify or terminate the Affiliate Program or these Terms, or both. At the time of termination, all Qualified Referrals currently in queue will be processed, and paid out per the Terms. All questions or disputes regarding eligibility for the Program; eligibility for or award of Affiliate Incentive, or both; or interpretation of these Affiliate Program Terms will be resolved by Traxo in its sole discretion. Traxo reserves the right to void Affiliate Incentive earned if there is reasonable suspicion that the Referrals were earned in a fraudulent manner, or in a manner that violates applicable law or these Terms or in a manner otherwise not intended by Traxo or would result in higher risk, liabilities or reputational damage to Traxo.
Taxes. The Affiliate Incentive under this Affiliate Program is subject to applicable federal, state and/or local taxes. Upon Traxo’s determination that the Affiliate should receive the appropriate Affiliate Incentive, Traxo may contact the Affiliate to request a completed IRS Form W-9. To the extent permitted by applicable law, if the Affiliate does not respond to a request from Traxo to complete a Form W-9 or otherwise indicate a referral payment preference within 180 days of such request, Traxo reserves the right to rescind Affiliates’ Affiliate Incentive. Traxo will report earnings under this Program to the extent required by applicable law. Affiliate Incentive earned through this Program may be subject to taxation and will be reflected on IRS Form 1099 for all Affiliates. Affiliate acknowledges that he/she ultimately assumes full responsibility to pay all due federal, state and local individual income taxes on this Affiliate Incentive.
Governing Law. The laws of the State of Texas, without regard to its conflict of law provisions, will govern the Program and its Terms. Any causes of action arising out of or connected with the Affiliate’s use of the Program or its Terms will be resolved exclusively by binding arbitration under the rules of Judicial Arbitration and Mediation Services in a location within Dallas, TX.
Disclaimer of Liability. In no event shall Traxo be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, regardless of the type of claim or legal theory asserted, arising out of or in any way connected with (i) the Affiliate Program; (ii) the use of or inability to use the site or any materials, or (iii) any claim attributable to errors, omissions, or other inaccuracies in the site or any materials.
Relationship between the Parties. All Affiliates understand that this Affiliate Program Terms in no way creates any employer relationship with Traxo. Non-employee Affiliates also agree not to misrepresent his/her relationship with Traxo, and not to market or sell Traxo beyond publicly available company media (e.g., Traxo website, social media, etc.) or other company-provided marketing materials distributed under this Affiliate Program.
Last Updated: October 21, 2021.