Affiliate Program Terms & Conditions

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”).

General Terms

By submitting the Referral Form, the Affiliate agrees to be subject to these Terms and Traxo’s Privacy Policy, as amended from time to time.

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.

Eligibility Requirements

To be eligible for the Program an Affiliate must:

• Be an individual over 18 years old and a resident of the United States.
• Not be a member of one of the following categories: (a) Traxo employee; (b) any member of the Board of Traxo, and (c) any immediate family members of the above mentioned categories;
• Not be employed or otherwise affiliated by a company that already has an existing reseller or referral relationship with Traxo, or is already in discussions with the Traxo Sales team;
• Not be a channel, alliance partner, or consulting partner of Traxo;
• Not an employee of the Finance/Accounting/Procurement/Travel Management or People Operations/Human Resource team, nor part of the decision-making process at the company they refer;
• Provide all the details for the referral candidate in the Referral Form, and any reasonable clarification information requested from Traxo;
• Have a pre-established professional or personal relationship with the referral. In other words, Affiliates may not acquire referrals through unsolicited e-mail to persons unknown to them, and are strictly prohibited from mentioning Traxo in any bulk or “cold” outreach to unknown persons; and may not submit referrals based on email lists or other similar harvested consumer lists.

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.

Definition of a Qualified Referral

A Qualified Referral must meet the following criteria (collectively, a “Qualified Referral”):

• The information submitted on the Referral Form must be accurate;
• The referral cannot be an Active Lead or an Existing or Former Traxo Client, or subsidiaries/affiliates of either an Active Lead or Existing/Former Traxo Client per the following designations:
  • An “Active Lead” is defined as either a company or individual contacted by Traxo within the preceding 120 calendar days.
  • An “Existing Traxo Client” is defined as any company or organization that currently receives services from Traxo.
  • A “Former Traxo Client” is defined as any company or organization that previously used Traxo’s products and services but is no longer actively doing so.
• Referral must be in a role that can influence or decide on travel and expense management solutions, in an industry that Traxo services.
• The Referral cannot be working with a broker, channel or alliance partner.
• The Referral must have given the Affiliate express written consent to provide their details to Traxo, and to have Traxo contact them.
• Referral may not specify a preferred sales consultant for their referrals.

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.

Affiliate Incentives For Qualified Referrals

Traxo will pay out Affiliate Incentive according to the following process:

• Qualified Referral must sign an annual subscription contract to be a customer of Traxo (a “Traxo Client”) within 180 days of the referral;
• Payout Schedule:
  • If the Traxo Client pays upfront in full Traxo will pay the Incentive within 45 days of Traxo’s receipt of payment.
  • If the Traxo Client is paying monthly, Traxo will pay the Incentive with 120 days of the Client contracting with Traxo.

If the above conditions are met, Traxo will pay out according to the following “Affiliate Incentive” table below:

The Affiliate Incentive will be issued in the form of a digital payment (preferred) or check.

Miscellaneous

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.