Referral Partner Terms & Conditions

This Agreement explains how the Program works, how our Referral Partners (“Referral Partner(s)”; “Partner”; “You”) are paid commissions, what roles & responsibilities are in place (for you & for us!), and a couple of other important details. This Agreement is designed to answer any questions either of us may have, to help us all avoid misunderstandings or miscommunications, and to make sure this is the start of a beautiful relationship!

By entering into this Agreement, you affirm that you are at least eighteen (18) years old.

I. Our Referral Partner Program.
Once you sign this Agreement, you will receive a welcome email with additional information & resources. 

Non-Website Purchases
If Company’s products/services are not purchased directly via a website, referrals will be tracked and based on the referred client notifying us of your referral upon inquiring or becoming a client. When you, as an Referral Partner refer an individual to our Company, and that individual signs a contract and becomes a client, you, as a Referral Partner, will receive a $100 commission from our Company on the sale of that service (the "Commission").

Need to Know:

• All Commission payouts are delivered via PayPal and in US Dollars and are deposited directly into the bank account you provide to us.

• We process payouts every thirty (30) days. You can reasonably expect to be paid Commissions within sixty (60) days of the customer/client’s purchase through your link or your personal referral, absent any extreme or out of the ordinary circumstances that may affect the payout process.

• We prepare and deliver commission payouts between the 9th and the 15th of each month. If there is ever any delay in the payout process, we will notify you via email.

General Usage Rules:

• Please do not alter our branding, logo, offer/product/service description

• You agree to not promote our products/services in any way that might be deemed unethical, or that defames or misrepresents Jamar Diggs or our Referral Program

• Make clear to referred parties and the public that you are not an employee of Jamar Diggs

Purchase Refunds

If a customer disputes or is entitled to a refund at any time up to 12 months from the date of the sale, you understand that we will charge you back for that Commission.

II. Term

This Agreement is effective immediately upon your signature and acceptance of this Agreement and shall continue until terminated as described in this section.

Termination. Both parties (You, as Referral Partner, and Us, as Jamar Diggs) to this Agreement reserve the right to terminate this Agreement. In the event of termination of this Agreement, all outstanding Commissions due to you will be payable, so long as the necessary refund period, if applicable, has passed.

If a refund or chargeback occurs within twelve (12) months following termination, all amounts will be invoiced to you, as described in this Agreement, to be paid within 60 days of receipt.

If we terminate this Agreement due to breach by the Referral Partner, Referral Partner shall not be entitled to any outstanding Commission payments.

III. Your Responsibilities

Our Anti-Spam Policy. You, as an Referral Partner, agree to wholly comply with all United States Federal CAN-SPAM Acts. We at Jamar Diggs have a zero-tolerance policy towards spam (in the form of paper and/or electronic communications/email/etc.) or any Partner associated with spam. If, at our discretion, we establish that you are involved with spam in any way including creating, sending, or otherwise distributing spam we may immediately terminate your Program account and you will forfeit all Commissions pending.

Federal Trade Commission (FTC) Guidelines & Requirements. You agree to follow the FTC guidelines (click the link below to read and view the guidelines themselves).

• https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf

• http://business.ftc.gov/documents/bus71-ftcs-revised-endorsement-guideswhat-people-are-asking

Prohibited Actions. You, as an Referral Partner, agree not to:

• Spam other individuals or companies using e-mail or other electronic communications or engage in any other illegal activity as it relates to the promotion of our products or services

• Attempt to purchase from Jamar Diggs (www.jamardiggs.com) using your own personal referral link is not permitted. To clarify, you, as an Referral Partner, cannot register yourself as a referral or earn commissions on your own purchases. (However, you can use your assigned discount code, if applicable!)

• Misrepresent Jamar Diggs, J Diggs Media, LLC or any of our other sites, properties, products, or services.

• Engage in any conduct that is likely to impair or cause damage to the operation of Jamar Diggs or the Jamar Diggs website whether by way of malicious code, harmful virus, corrupted file, or through use of any other software or program.

• Disparage Jamar Diggs, J Diggs Media, LLC, or any of our other sites, products, or services, the Jamar Diggs website using negative language in any content or website copy.

Your Information. You are responsible for providing Jamar Diggs with your correct contact & payment information at the time that you register for the Program. Your failure to provide us with correct contact information could result in the suspension of your account because we may be unable to contact you regarding important issues concerning the Program and your participation. If you provide us with incorrect information, payments may be delayed by up to 6 months to one year. If you become aware that we have been provided incorrect contact information or if your contact information changes, you agree to immediately notify us and provide the correct contact information.

All confidentiality and non-disclosure agreements survive the termination of the Referral Partner relationship.

IV. Our Policies

No Guarantee Regarding Your Commission Income. We make no income/commission/benefit//financial guarantees or claims, nor any guarantee of any kind regarding the income, potential or otherwise, that may be generated through your participation in the Program.

Email/Electronic Communications. E-mail is our preferred method of communication. Please understand that social media is not a reliable form of communication for purposes of this Agreement. You agree to receive email or other electronic communications from us. You also agree to receive all notices and disclosures from us via email. You are responsible for ensuring that your email address is not blocked or impaired in any way. Please ensure that our email address is flagged as safe and familiar in your email system. (Email address: hello@jdiggsmedia.com)

Warranties. We strive to ensure that our website and online platforms are error-free; we do not express or imply any warranty or other assurance as to the accuracy, completeness, timeliness, or fitness for any particular purpose of the material appearing on Jamar Diggs or any of our other website properties beyond reasonable efforts to maintain the site. To the maximum extent permitted by law, we provide our websites, platforms, and related information and products/services on an "as is" basis without any express or implied warranties, representations, or guarantees of any kind.

V. Our Intellectual Property

Intellectual Property Ownership. You agree to never publish, reproduce, use, copy, modify, store, distribute, print, display, perform, or publish any of our Intellectual Property except as expressly provided in this Agreement or with prior written consent from J Diggs Media, LLC.

We reserve all rights to our Intellectual Property ("IP") assets, including but not limited to copyrights, trademarks, service marks, and other intellectual property rights that may exist in our platforms/websites including video clips, text, photos, illustrations, graphic design, audio, or source code, belonging to Jamar Diggs, J Diggs Media, LLC, or any of our other properties.

Modification and Display of IP. You understand that you are not permitted to make any changes to any of our Intellectual Property assets including, but not limited to, the images, logos, written copy found on our Site or social media platforms.

Permitted Use of IP. You may use the logos, videos, and images provided to you by us for purposes related to your participation in the Program only.

You agree to immediately remove or alter any public post on your platforms (website, social media profiles/pages, etc.) in the event that we make such a request in writing. (So long as the post is related to our Company or our products/services.)

VI. Content Creation Terms

Tags & Hashtags. Referral Partners should tag @JamarDiggs whenever sharing our content.

Branding. We have a duty to protect the Jamar Diggs brand. The following section presents our usage rules and branding guidelines to simplify what is permitted and acceptable when you promote Jamar Diggs and/or any of our products/services. For questions about your use of our branded content and/materials, please contact us at hello@jdiggsmedia.com.

You are permitted to use our brand names and logos as described below, so long as you continually follow our usage and placement rules as detailed here:

Usage Rules.

• You agree to only use logos provided by Company. Logos can be requested directly by emailing hello@jdiggsmedia.com

• You agree to never change the color of, or in any way recreate or alter our logos or other brand assets, including graphics.

• You agree to follow the content creation guidelines in the Referral Partner Portal, regarding photo/video quality, background, etc.

• You agree to never engage in unethical, racist, discriminatory, harmful, and/or foul language or profanity.

• You agree to always make it clear that you are a Third-Party, and in no way imply that you are employed by us. You agree to never imply or state that your website/blog is owned, operated, maintained, or otherwise directly associated with Jamar Diggs (for example, by including a statement to that effect on your site or in social media posts).

Domain Names. You are not permitted to use any of our product, program, or brand names within a domain name.

Prohibited Platforms. You are not permitted to advertise/promote Jamar Diggs or any of our other offers, products, or services on any sites or platforms that:

• Promote hate, racism, political candidates, tobacco/nicotine-products, sexually explicit material, illegal activities, and/or gambling;

• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

• Contain any violations of intellectual property rights other applicable laws.

VII. Miscellaneous

Limitation of Liability. To the extent legally permitted, in no event shall Jamar Diggs, or any of our other sites, properties, our affiliates, licensors, agents, or any of our or their directors, employees, or agents have any liability to you as an Referral Partner for any lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort or under any other theory of liability, whether or not either party has been advised of the possibility of such damage.

Security. We strive to protect the security of your personal information and contact information, however, due to the nature of the internet and electronic communications generally, you acknowledge the risk of unauthorized access to (or alteration of) your transmissions or data or of the information contained on your computer system or on our websites. You understand that J Diggs Media, LLC and Jamar Diggs is not responsible or liable for any nature of any losses you may sustain because of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this website and the Internet generally. You agree and understand that we are not responsible for any interference or damage to your own computer system which may arise in connection with your accessing of our websites or any outbound hyperlinks.

Indemnification. Your use of our websites and content is voluntary. You shall indemnify us against, holding all harmless from all claims and expenses (including reasonable legal and attorneys’ fees) arising from your use of our websites and content or your failure to maintain the confidentiality or security of your password or access rights.

Independent Contractor Relationship. You understand and agree that you are acting as an independent contractor when acting as an Referral Partner. No employer-employee relationship, legal partnership, joint venture, or legal entity is created between the Parties to this Agreement.

Taxes & Benefits. You, as an Referral Partner, will be responsible for filing your own tax returns and pay taxes in accordance with all provisions of applicable Federal and State law. Jamar Diggs shall not be responsible for withholding taxes with respect to any commissions paid out to you. The relationship between Company and any Partner is not an employer-employee relationship. Partner shall have no claim against the Company for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

Modifications. We reserve the right to amend this Agreement as needed from time to time. You are bound by any changes made to this Agreement and your acceptance of any income through or due to the Program will be regarded as acceptance by you of any changes to this Agreement. We will inform you of any changes made to this Agreement via email to the email address provided by you to us.

Headings. Headings are included in this Agreement for convenience and shall not affect the construction of said Agreement.

Neutral Construction. This Agreement was prepared by Company. It is expressly understood and agreed that this Agreement shall not be construed against Company merely because it was prepared by Company and/or its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.

Severability. Wherever possible, each provision of this contract will be interpreted so that it is valid under applicable law. If any provision is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected & will continue in full force and effect.

Confidentiality. You shall keep confidential the terms of this Agreement and any information associated with the Program subject to any disclosure required by law. This clause shall survive termination of this Agreement. You agree to use the information, materials, and communications provided by this Program ONLY for the sole purpose of selling and/or promoting the products sold on www.jamardiggs.com.

Governing Law; Venue; Mediation. This Agreement shall be governed by the laws of the State of Virginia as applied to contracts that are executed and performed entirely in Virginia. The exclusive venue for any proceeding based on or arising out of this Agreement shall be Norfolk City, Virginia. The Parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, after a good faith effort to resolve such dispute amicably. Parties shall share in the costs of mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

All rights reserved. All rights not expressly granted in this Agreement are reserved by Company.

Waiver. Any waiver by J Diggs Media, LLC of a breach of or right under this Agreement will not constitute a waiver of any other or subsequent breach or right.

Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Jamar Diggs

111 E. 18th St. #302

Norfolk, VA 23517

E-mail: hello@jdiggsmedia.com

To Referral Partner at Partner’s mailing and/or e-mail address provided at the time of signature.