Affiliate Program

Welcome to the Shiny Inc Affiliate Program. We are excited to have you as a partner and look forward to a successful collaboration. This Affiliate Program is designed to offer you the opportunity to earn commission on sales generated through your marketing efforts, while promoting our products and services.

As an affiliate, your role is to create awareness, drive traffic to our website, and convert that traffic into sales. While we encourage innovative and effective marketing strategies, there are certain guidelines and standards that must be adhered to in order to maintain a professional and lawful environment.

The following Terms and Conditions constitute a binding agreement between you ("Affiliate") and Shiny Inc ("Rock", "Company," "we," "us," "our") and govern your participation in the Affiliate Program. These terms outline what you can expect from us and what we expect from you. Please read them carefully to ensure that you understand each provision.

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By submitting an application to our Affiliate Program on Tapfiliate, you agree to comply with these Terms and Conditions, our Privacy Policy, and all applicable laws and regulations. We reserve the right to update and change these terms at any time, and will notify you of any changes by email. Your continued participation in the program after such changes constitutes your acceptance of the new Terms and Conditions.

Should you have any questions regarding these terms or the program, we encourage you to reach out to support@rock.so for assistance.

Definitions

For the purposes of these Affiliate Program Terms and Conditions, the following terms are defined as follows:

- Affiliate: An organization, individual, or business entity that has been approved to participate in the affiliate program, aimed at promoting the products or services offered by the Company and generating sales through its marketing efforts.

- Rock: The productivity platform developed by Shiny Inc., which is the subject of promotion by the Affiliate as part of this Affiliate Program. Rock is all-in-one productivity platform that combines tasks, chat, notes, files and meetings to improve team collaboration efforts.

- User: Any individual who successfully registers to use the Rock platform by creating an account with a valid email address. Users are the target customer base for the Affiliate's promotional activities.

- Affiliate link: A unique tracking URL that is provided by Tapfiliate to the Affiliate upon acceptance into the program. This link is used to track the Affiliate's referrals to the Rock platform, and it is essential for the proper tracking and attribution of sales to the Affiliate.

These definitions shall apply to the terms used throughout the Affiliate Program Terms and Conditions document and are intended to provide clarity and a mutual understanding of the key terms relevant to the Affiliate's participation in the program.

Affiliate Acceptance

Participation in this Affiliate Program is done so in an agreement between Shiny Inc and the affiliate. Upon notification of acceptance on Tapfiliate, the terms of this agreement shall apply in full force and effect, until terminated by either party.

Non-Exclusivity

Scope of Non-Exclusivity: This Agreement does not create an exclusive arrangement between the Affiliate and Shiny Inc. Neither party is restricted by this Agreement from participating in similar affiliate or promotional arrangements with other entities. The parties acknowledge and agree that they are free to enter into parallel agreements that promote, endorse, or recommend products or services from third parties.

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Rights of the Affiliate: The Affiliate reserves the right, at its own discretion, to engage in advertising, promotion, and affiliate relationships with parties other than Shiny Inc. The Affiliate is not obligated to prioritize Shiny Inc’s products or services over any other agreements or relationships the Affiliate may have.

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Rights of Shiny Inc.: Similarly, Shiny Inc. retains the right to seek out and establish affiliate and promotional agreements with third parties other than the Affiliate. Shiny Inc. is under no obligation to refrain from entering into agreements with other affiliates or entities that may be in direct competition with the Affiliate.

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Independence of Parties: Both the Affiliate and Shiny Inc. are independent contractors. Nothing in this Agreement shall be construed to create an agency, partnership, joint venture, or employer-employee relationship between the parties. Each party shall maintain its respective independence and shall not bind nor attempt to bind the other to any contract.

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Non-Exclusive License: Any and all licenses granted by Shiny Inc. to the Affiliate in connection with the Affiliate Program are non-exclusive, and Shiny Inc. may grant similar or identical licenses to any number of other affiliates or third parties without restriction.

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Good Faith Consideration: While this Agreement permits non-exclusive relationships, both parties agree to act in good faith and not to engage in any practices that would directly harm the business interests of the other party. This includes refraining from disparaging acts or communications, which could negatively impact the reputation of either party or their respective products and services.

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Notification of Competing Relationships: As a courtesy, and to maintain transparency, each party may, but is not obligated to, inform the other party of its intent to enter into a competing agreement when it believes such an agreement may affect the other party's interests under this Agreement.

By acknowledging the non-exclusive nature of this relationship, both the Affiliate and Shiny Inc. affirm their understanding that they are free to pursue other opportunities and relationships which may be similar or competitive to those established under this Agreement, provided that such activities do not infringe upon any other terms and conditions set forth in this Agreement.

Qualification for a reward

For the Affiliate to be eligible for a reward, all of the following criteria must be met:
1) User to upgrade to the Unlimited plan must be attributed to the affiliate through the provided Tapfiliate website link.

2) User must have signed up within the valid cookie lifetime of 60 days as defined both on the official affiliate page and within Tapfiliate.

3) User must not have past records of purchased products or activity on the platform not attributed to the affiliate.
Any user not meeting the above criteria cannot qualify as a successful conversion and hence the Affiliate would not be eligible for a reward.

Reward

Tapfiliate will be used to manage rewards earned through this program. The Tapfiliate dashboard can be accessed after acceptance into the Affiliate program.
1) Rewards are reviewed on a monthly basis by Shiny Inc. and will need to approved by Shiny Inc before pay out.
2) Rewards will be paid out 30 days after the payment has been made.

3) The affiliate terms and conditions apply to the Unlimited plan.

4) Affiliate will be granted 30% of the revenue on the Unlimited plan at the price displayed when it was sold throughout its lifetime.
In case of a refund claimed by a Rock user on a purchase qualifying for a reward, the Affiliate reward will be rejected.

Prohibited Activities

1.1 Unethical Conduct: The Affiliate shall not engage in, nor be directly or indirectly involved with, any act that is unethical or that is deemed to be fraudulent or deceptive in nature.

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1.2 Intellectual Property Misuse: The Affiliate is expressly forbidden from modifying, altering, or otherwise misusing any intellectual property, including trademarks, service marks, trade names, logos, and copyrighted materials belonging to the Company, except as authorized in writing by the Company.

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1.3 False Advertising: All forms of false or misleading advertising by the Affiliate are strictly prohibited. The Affiliate must ensure that all representations made about the Company’s products or services are accurate and truthful.

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1.4 Unauthorized Promotions: The Affiliate is not permitted to offer any additional coupons, bonuses, rebates, or any other product incentives that have not been provided by the Company.

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1.5 Spamming: The Affiliate must refrain from any mass unsolicited electronic communications or any other form of "spamming," as governed by the CAN-SPAM Act or any other applicable law or regulation.

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1.6 Search Engine Marketing: Without prior written consent from the Company, the Affiliate shall not engage in paid search marketing or any search engine optimization practice that involves bidding on the Company's branded keywords, trademarks, or any variations or misspellings thereof.

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1.7 Inappropriate Content: The Affiliate shall not place Company affiliate links on any websites or platforms that contain content which may be deemed offensive, discriminatory, illegal, or in violation of intellectual property rights.

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1.8 Legal Compliance: The Affiliate agrees to conduct all of their business in compliance with all applicable laws, rules, and regulations.

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1.9 Sub-Affiliate Oversight: Utilization of sub-affiliate networks is strictly controlled and must receive express written consent from the Company. The Affiliate assumes full responsibility for the conduct and compliance of their sub-affiliates.

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1.10 Malicious Software: The Affiliate is not allowed to engage in the distribution or promotion of any software that constitutes malware, spyware, adware, or any other form of malicious code.

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1.11 Transaction Hijacking: The Affiliate must not participate in any activity that would result in the hijacking or redirection of traffic or sales from, or taking credit for traffic or sales generated by, the marketing campaigns of others.

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1.12 Confidentiality: The Affiliate must keep all confidential information in strict confidence and may not disclose any such information to any third party, except as required by law.

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1.13 Negative Commentary: Affiliates are expressly forbidden from making any public statements that are slanderous or defamatory toward the Company, its products or services, its employees, or other affiliates.

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1.14 Incentivized Traffic: Traffic generation or sales through incentivized methods is prohibited unless previously agreed upon in writing by the Company.

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1.15 Fraud: Fraud is defined as any action that intentionally attempts to generate rewards using robots, scripts, and other non-legitimate manners for the sole purpose of qualifying for a reward. Any type of fraud will lead to the termination of the agreement without providing any reward. Legal actions may also be taken by Shiny Inc.

Enforcement and Remedies

2.1 Violation Consequences: Any violation of the terms as outlined under prohibited activities may result in the immediate termination of this Agreement, and the Affiliate may forfeit any accrued but unpaid commissions.

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2.2 Legal Action: The Company reserves the right to seek all remedies available by law and in equity for such breaches.

Termination

3.1 Notification: Termination notices must be provided in writing and will be considered given on the date of the first business day following the date of postmark if sent by mail, or upon receipt if sent by email or other direct written communication.

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3.2 Termination for Cause: The Company may terminate this Agreement with immediate effect upon written notice to the Affiliate for any breach of these Terms and Conditions by the Affiliate, including but not limited to, the obligations set forth in Article 1. Additionally, if the Affiliate becomes insolvent, declares bankruptcy, or is otherwise unable to meet its financial obligations, the Company may terminate this Agreement immediately.

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3.3 Termination for Non-Performance: Should the Affiliate fail to generate any sales for a continuous period of three (3) months, the Company reserves the right to terminate this Agreement for non-performance upon providing written notice to the Affiliate.

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3.4 Effect of Termination: Upon termination of this Agreement for any reason, the Affiliate shall immediately cease all use of and remove all Company trademarks, logos, content, and other materials provided by the Company in connection with the Affiliate Program. The Affiliate will be entitled to any earned and unpaid commissions accrued through the date of termination. Shiny inc reserves the right to withhold payments within its specified timeframe. The Affiliate shall not be entitled to commissions for any sales occurring after the termination date. The Company shall pay any outstanding earnings owed to the Affiliate within forty-five (45) days of the termination date.

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‍3.5 Survival: Any obligations and duties that by their nature should survive the termination of this Agreement shall remain in effect even after such termination. This includes, but is not limited to, obligations regarding confidentiality, indemnification, and liability.

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3.6 Return of Materials: Upon termination, the Affiliate must immediately return to the Company any and all confidential information, promotional materials, and any other assets or properties that were provided by the Company during the term of this Agreement.

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3.7 No Liability for Termination: Except as expressly provided in this Agreement, neither party will be liable to the other for compensation, indemnity, or damages on account of the loss of prospective profits on anticipated sales or on account of expenditures, investments, leases, or commitments in connection with the business or goodwill of the Company or the Affiliate.

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Shiny Incmay terminate this partnership at any time, with or without cause, upon giving 15 days written notice to the other party. Upon termination, all outstanding obligations must be fulfilled and any promotional materials provided must be ceased from use immediately.

Other

4.1 Data Protection and Privacy: Affiliates must adhere to all applicable data protection and privacy laws when handling potential leads. Any collected data must be securely stored and not used for any purpose outside the scope of promoting Rock (dba Shiny Inc).

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4.2 Intellectual Property Rights: Affiliates are granted a non-exclusive, non-transferable, revocable license to use our trademarks and logos for the purpose of the Affiliate Program. This license does not grant any additional rights to the affiliate.

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4.3 Modification of Terms: We reserve the right to modify these terms at any time. Notice of modifications will be provided to all affiliates, and continued participation in the program will constitute acceptance of the new terms.

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