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Terms & Conditions Read our Terms & Conditions *
SHMONG.tv LLC Video Production Affiliate and Referral Program Terms and Conditions
Effective Date: 12/01/2024

Welcome to the SHMONG.tv LLC (“Company”, “we”, “us”, or “our”) Video Production Affiliate and Referral Program (“Program”). By participating in the Program, you (“Affiliate”, “you”, or “your”) agree to comply with and be bound by the following Terms and Conditions (“Terms”). Please read them carefully.

1. **Enrollment in the Program**
   - **Application:** To join the Program, you must complete and submit the online application form. We reserve the right to accept or reject any application at our sole discretion.
   - **Eligibility:** Affiliates must be at least 18 years old and comply with all applicable laws and regulations.

2. **Affiliate Obligations**
   - **Promotion:** Actively promote the Company’s video production services using approved marketing materials.
   - **Compliance:** Adhere to all applicable laws, regulations, and these Terms.
   - **Ethical Practices:** Avoid deceptive, misleading, or fraudulent activities in promoting the Company’s services.

3. **Prohibited Activities**
   - **Fraudulent Behavior:** Engage in fraud, including generating fake leads, manipulating tracking mechanisms, or any other deceptive practices.
   - **Intellectual Property Infringement:** Violate any of the Company’s intellectual property rights or those of third parties.
   - **Unsolicited Communications:** Use unsolicited emails (spam) or other unsolicited methods to promote the Company’s services.
   - **Trademark Misuse:** Use the Company’s trademarks or logos in a manner not authorized by the Company.

4. **Commissions and Payment Terms**
   - **Commission Structure:** Affiliates earn commissions based on qualified referrals that result in a sale, as defined by the Company.
   - **Payment Schedule:** Commissions are paid on a net 30 basis following the end of the month in which the sale is confirmed.
   - **Minimum Payout:** A minimum balance of $100 is required to receive a payout. Earnings below this threshold will roll over to subsequent payment cycles.
   - **Payment Methods:** Payments will be made via PayPal, Bank Transfer.
   - **Tax Responsibilities:** Affiliates are responsible for reporting and paying any taxes related to their earnings. Affiliates are not employees of the Company and are solely responsible for their own tax obligations.

5. **Lead Verification**
   - **Proof of Lead Source:** The Company reserves the right to request evidence of how leads were generated at any time. Affiliates must provide sufficient documentation to verify the legitimacy of their referrals upon request.
   - **Non-Compliance:** Failure to provide requested proof may result in withholding of commissions or termination from the Program.

6. **Termination**
   - **Termination Rights:** The Company may terminate your participation in the Program at any time, without notice and without payment of any outstanding commissions, if:
     - We suspect any form of fraud or deceptive practices.
     - You violate any of these Terms.
     - Your actions are deemed detrimental to the Company’s reputation or business.
   - **Effect of Termination:** Upon termination, you must immediately cease all promotional activities related to the Program. All rights granted to you under these Terms will revert to the Company.

7. **Relationship of Parties**
   - **Independent Contractors:** Affiliates are independent contractors and not employees, partners, or agents of the Company.
   - **No Authority:** Affiliates have no authority to bind the Company in any manner.

8. **Intellectual Property**
   - **License Grant:** The Company grants Affiliates a non-exclusive, non-transferable, revocable license to use the Company’s trademarks, logos, and approved marketing materials solely for the purpose of promoting the Program.
   - **Restrictions:** Affiliates may not modify, create derivative works, or use the Company’s intellectual property in any unauthorized manner.

9. **Confidentiality and Non-Disclosure Agreement (NDA)**
   - **Confidential Information:** Affiliates shall not disclose any confidential or proprietary information about the Company, its business operations, clients, or any other non-public information to any third party without the Company’s prior written consent.
   - **Owner’s Personal Information:** Affiliates shall not disclose any personal information about the Company’s owners or staff.
   - **Non-Defamation:** Affiliates agree not to make any negative, defamatory, or disparaging statements about the Company, its staff, or its owners.
   - **Duration:** These confidentiality obligations shall survive the termination of your participation in the Program.

10. **Non-Compete Agreement**
    - Affiliates agree that during their participation in the Program and for a period of six (6) months following termination, they will not:
      - **Engage in Competing Programs:** Participate in affiliate programs or partnerships with other video or media production companies without obtaining prior written consent from SHMONG.tv LLC.
      - **Direct Competition:** Promote, market, or sell services that directly compete with the Company’s video production services.
    - Failure to comply with this Non-Compete Agreement may result in immediate termination from the Program and forfeiture of any outstanding commissions.

11. **Limitation of Liability**
    - To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the Program or these Terms.

12. **Indemnification**
    - Affiliates agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses arising out of or related to the Affiliate’s participation in the Program or violation of these Terms.

13. **Governing Law**
    - These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law principles.

14. **Changes to Terms**
    - **Right to Modify:** The Company reserves the right to modify or terminate the Program and these Terms at any time.
    - **Notification:** Affiliates will be notified of significant changes via email or through the affiliate dashboard.
    - **Acceptance of Changes:** Continued participation in the Program constitutes acceptance of the updated Terms.

15. **Miscellaneous**
    - **Entire Agreement:** These Terms constitute the entire agreement between the parties regarding the Program and supersede all prior agreements and understandings.
    - **Severability:** If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
    - **Waiver:** The Company’s failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

16. **Contact Information**
    - For any questions regarding these Terms or the Program, please contact us at:
      - **SHMONG.tv LLC**
      - 600 Broadway, Albany, NY 11207
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