Platinum Payments Affiliate Program Terms of Service

Agreement

By signing up to be an Affiliate in the Platinum Payments Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Platinum Payments reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

Account Terms

  • You must be 18 years or older to be part of this Program.
  • You must live in the United States to be an Affiliate.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person – a single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. Platinum Payments cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You may not use the Affiliate Program to earn money on your own Platinum Payments product accounts.

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Platinum Payments. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Platinum Payments. You must ensure that each of the links between your site and the Platinum Payments properly utilizes such special link formats. Links to the Platinum Payments placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Platinum Payments product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Affiliate links should point to the page of the product being promoted.

Referral fees/commissions and payment

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://3fd82ae651.nxcli.net and complete an order for a product during that session.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments only begin once you’ve earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.

Identifying yourself as a Platinum Payments Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Platinum Payments or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Payment schedule

As long as your current affiliate earning are over $20, you’ll be paid each month. If you haven’t earned $20 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
– Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://3fd82ae651.nxcli.net, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Platinum Payments reserves the right to end the Program at any time. Upon program termination, Platinum Payments will pay any outstanding earnings accrued above $20.

Termination

Platinum Payments, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Platinum Payments service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Platinum Payments reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Platinum Payments will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of Platinum Payments to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Platinum Payments and govern your use of the Service, superceding any prior agreements between you and Platinum Payments (including, but not limited to, any prior versions of the Terms of Service).

Data Privacy Policy Agreement.

Applicant Privacy Policy
English


Legal Disclaimer
Effective Date: January 1, 2021
This Applicant Privacy Policy (the “Policy”) describes the practices of Platinum Operating Company, LLC d/b/a Platinum Payments (“Company”) regarding the information that is solely collected through the Platinum Workforce Now portal (“Careers Site”) in connection with your application for a job or internship with us.


1. CATEGORIES OF INFORMATION WE COLLECT THAT YOU PROVIDE
We may collect the following information from you in connection with your application through the Careers Site: Name, e-mail address, mobile number, work authorization status, resume, profile information (e.g. work experience, education, skills, licenses & certifications, and memberships), professional and other work-related licenses, permits and certifications, references, and any other information you elect to provide to us (e.g., employment preferences, willingness to relocate, current salary, desired salary, awards, or professional memberships).
If you do not provide sufficient information, we may be unable to consider your employment application.
However, please avoid submitting the following information that may qualify as sensitive information under applicable law, except where such information is legally required: information on race, religion, ethnicity, nationality or national origin, age, gender identity, sex life or practices or sexual orientation, marital status, medical or health information (including disability status), genetic or biometric information, biometric templates, political or philosophical beliefs, political party or trade union membership, background check information, judicial data such as criminal records or information on other judicial or administrative proceedings, and veteran status.
If the personal information you provide contains details of the information referenced in the preceding paragraph or your job evaluations or educational records, you authorize us to handle such details for the purposes of your job application.
Any information you submit through the Careers Site must be true, complete and not misleading. It is your responsibility to ensure that information you submit does not violate any third party’s rights.
If you provide us with personal information of a reference or any other individual as part of your application, it is your responsibility to obtain consent from that individual prior to providing the information to us.


2. USE OF INFORMATION / LEGAL BASIS
We collect and process information about you for the following reasons:
a) Because you voluntarily provide this information;
b) Because this information is necessary to take steps at your request prior to entering into an employment or internship;
c) Because this information is of particular importance to us and we have a specific legitimate interest under law to process it;
d) To comply with a legal obligation; or
e) Where necessary to protect the vital interests of any person.
The information that you submit on the Careers Site will be used for our personnel recruitment, management, and planning purposes, as permitted by local law, including:
• To process your application;
• To assess your capabilities and qualifications for a job;
• To conduct reference checks;
• To respond to your inquiries and communicate with you about your application, and to send you information regarding the Careers Site and changes to our terms and policies;
• To comply with or monitor compliance with any applicable law or regulation;
• To conduct background checks if we offer you a position; and
• To preserve our other legitimate interests, for example, for our administrative purposes, aggregate management reporting, internal training, and as generally required to conduct our business.
The information about you will be added to our candidate database. If you do not wish us to do this, please contactwendy.clawson@ptpay.us.
If we hire you, personal information we collect in connection with your application may be incorporated into our human resources system and may be used to manage the new-hire process; any such information may become part of your employee file and may be used for other employment-related purposes.
We may also use the information as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to protect our legal rights and operations or the rights, privacy, safety or property, and/or of us, you, or others; and (e) to allow us to pursue available remedies or limit the damages that we may sustain.


3. DISCLOSURE OF PERSONAL INFORMATION
We may share personal information with affiliates and/or partners that are involved in and/or for performing pre-employment, post employment processes in compliance with state and federal law, evaluating candidates for a given position and to track employee and/or contractor performance and progress. We will make the information available to personnel with a business need to know the information, including personnel in the recruiting, human resources, and information technology departments, and in the department responsible for the position for which you are applying and for which you, if hired on an employee or contract basis, hold.
We may share personal information with third-party service providers who provide services such as hosting and operating the Careers Site, recruiting assistance, background check processing, Work Opportunity Tax Credit, eVerify, Equal Employment Opportunity Commission, and any other governmental programs the business elects for voluntary or compliance purposes and similar services.
We also may share personal information as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to protect our legal rights and operations or the rights, privacy, safety or property, and/or of us, you, or others; and (e) to allow us to pursue available remedies or limit the damages that we may sustain.
We may transfer information in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
Disclosing your personal information may include transferring personal information to other countries (including countries other than where you are based that have a different data protection regime than is found in the country where you are based). If you are located in the European Economic Area (the “EEA”), this may include countries outside of the EEA.


4. DATA RETENTION
We keep your personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include (i) for as long as we have an ongoing relationship with you (such as an application process); as required by a legal obligation to which we are subject; or as advisable in light of our legal position (such as in regard of applicable statutes of limitations, litigation, or regulatory investigations).
We may remove personal information for inactive accounts, subject to any applicable legal or regulatory obligations. Furthermore, we may delete personal information about you (including your CV/résumé) from our database at any time and without providing any reason. Therefore, please retain your own copy of the personal information provided to us.


5. PASSIVE INFORMATION COLLECTION: COOKIES AND TRACKING TECHNOLOGY
When you visit the Careers Site, we collect certain information by automated means. Cookies are small text files that websites send to your computer or other internet-connected device to uniquely identify your browser or to store information or settings in your browser. Cookies allow us to recognize you when you return. They also help us provide a customized experience and enable us to detect certain kinds of fraud. In many cases, you can manage cookie preferences and opt-out of having cookies and other data collection technologies used by adjusting the settings on your browser. All browsers are different, so visit the “help” section of your browser to learn about cookie preferences and other privacy settings that may be available.
We also use Flash Cookies (also known as Local Stored Objects) and similar technologies to personalize and enhance your online experience. The Adobe Flash Player is an application that allows rapid development of dynamic content, such as video clips and animation. We use Flash Cookies for security

purposes and to help remember settings and preferences similar to browser cookies, but these are managed through a different interface than the one provided by your web browser. To manage Flash Cookies, please see Adobe’s website at http://kb2.adobe.com/cps/526/52697ee8.html or visit www.adobe.com. We do not use Flash Cookies or similar technologies for behavioural or interest based advertising purposes.
Pixel tags and web beacons are tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, the pixel tags and/or web beacons generate a notice of that action. These tools allow us to measure response to our communications and improve our web pages and promotions.
We collect different types of information. For example, we collect information from the device you use to access the Careers Site, your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located. Our server logs also record the Internet Protocol (“IP”) address assigned to the device you use to connect to the Internet. An IP address is a unique number that devices use to identify and communicate with each other on the internet. We may also collect information about the website you were visiting before you came to us and the website you visit after you leave the Careers Site.
In many cases, the information we collect is only used in a non-identifiable way, without reference to personal information. For example, we use information we collect about website users to optimize the Careers Site and to understand website traffic patterns. In some cases, we associate the information we collect with your personal information. This Policy applies to the information when we associate it with your personal information.

Although the Careers Site currently does not have a mechanism to recognize the various web browser Do Not Track signals, we do offer individuals choices to manage their preferences that are provided in the previous sections above. The Careers Site does not collect personal information about an individual’s online activities over time and across different websites when a consumer uses the Careers Site. To learn more about browser tracking signals and Do Not Track please visit http://www.allaboutdnt.org/. We use Google Analytics as a third-party vendor. For information on how Google Analytics uses data, please visit “How Google uses data when you use our partners sites or apps”, located at http://bit.ly/2jXZ13Y. We also use Pendo as a third-party vendor. For information on how Pendo uses data, please visit https://www.pendo.io/privacypolicy/.

 

6. ACCESS AND CORRECTION
If you register on the Careers Site, you may access, review, and change your personal information stored therein by logging into the Careers Site and updating your account information. However, if you have authenticated your login via a mobile number or email address, such information cannot be updated in the same login session.
We encourage you to promptly update your personal information if it changes or is inaccurate.
Apart from information contained in your profile, where permitted by applicable law, you may request (i) access to personal information we collect, (ii) its modification or suppression, (iii) that we restrict its processing, (iv) that we cease using it (objection right); (v) that we transfer personal information to you or another organization in a structured, commonly used and machine-readable format (right to data portability), and/or (vi) that we not sell any such information. Please email us at wendy.clawson@ptpay.us
or contact us at 1483 Wall Ave, Ogden, UT 84404 with any such requests.
For your protection, we may only implement requests with respect to the information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable. Please note that certain personal information may be exempt from such access, correction, or suppression rights pursuant to local data protection laws.


7. SECURITY
We use reasonable organizational, technical and administrative measures to protect personal information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contact Us” section below.
We hereby disclaim, as far as permitted by local laws, any liability for us and our affiliates and contractors for any personal information we collect in connection with your application that is lost, misused, illegally accessed, disclosed, altered or destroyed or not timely delivered to our Careers Site.

 

8. LINKS TO THIRD-PARTY WEBSITES
The Careers Site may contain links to other websites. This Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any website or service to which the Careers Site links. The inclusion of a link on the Careers Site does not imply endorsement of the linked site or service by us. We encourage you to read the legal notices posted on those sites, including their privacy policies.


9. LAW APPLICABLE TO JOB APPLICATION
This Careers Site is operated from ADP Workforce Now in Dallas, TX. Accordingly, any personal information you submit to the Careers Site will be collected in ADP Workforce Now in Dallas, TX and will be subject to state of Texas laws.
The Careers Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.


10. ABOUT CHILDREN
The Careers Site is not intended for individuals under the age of 18.


11. CHANGES TO THE POLICY
We reserve the right to amend this Policy at any time in order to address future developments, the Careers Site, or changes in industry or legal trends. We will post the revised Policy on the Careers Site or announce the change on the homepage of the Careers Site.
You can determine when the Policy was revised by referring to the “Last Updated” legend on the top of this Policy.
Any changes will become effective upon the posting of the revised Policy on the Careers Site. By continuing to use the Careers Site following such changes, you will be deemed to have agreed to such changes.
If you do not agree with the terms of this Policy, in whole or part, you can choose to not continue to use the Careers Site.

 

12. CONTACT US
If you have questions or requests, please feel free to contact us at info@ptpay.us or USPS address at 1483 Wall Ave, Ogden, UT 84404.