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AFFILIATE AND REFERRAL PROGRAM TERMS

 

Welcome to Hour One’s Affiliate and Referral Program (“Program”). Please read these Affiliate and Referral Program Terms (“Terms”) carefully before registering for our Program.
By applying to participate in the Program or by clicking the sign-up button (or “accept”, “ok” or similar button), you (“you”, “your” or “Affiliate” or “Referral Partner”, as applicable) expressly acknowledge and agree that you (a) are entering into a legal agreement with Hour One AI Ltd. (“Hour One,” “we,” “us,” or “our”) and have understood and agree to comply with, and be legally bound by these Terms, (b) confirm that you are at least 18 years of age, (c) have the full legal capacity to enter into a binding relation, (d) will provide true, accurate, current, and complete information at all times, and (e) will not participate in the Program in violation of these Terms, applicable laws or third party rights. If you are applying for the Program on behalf of a legal entity, you further confirm that: (i) you have the appropriate authorization to accept these Terms, (ii) you have the appropriate authorization to bind such legal entity by accepting these Terms, and (iii) legal entity on behalf of whom you accept these Terms has full power to enter into these Terms and to perform obligations as defined herein.
If you do not agree to be bound by these Terms, please do not apply or register for the Program.

1. Account Registration and Approval. 

In order to participate in the Program, you may be required to create an account and submit an application though our third party affiliate tracking and reporting service provider, Rewardful. Your use of Rewardful’s services is subject to their terms of use found at https://Rewardful.com which may be updated from time to time. Hour One shall not be, at any time, responsible or liable whatsoever for any matter arising from or in relation to Rewardful’s services or your interactions with Rewardful. If your application is approved by Hour One, you will receive instructions via email on how to receive your designated Link (defined below) on the Rewardful platform. We may accept or reject your application for the Program pay the Commission or Credit, as applicable (defined below) in our sole discretion, without the need to provide reasons for our decision. You accept and agree that you will not have any legal or other remedy in case of rejection of your application. Only Affiliates and Referral Partners approved by us may participate in the Program.

2. The Program. 

As part of the Program, you shall promote and refer new customers (“Potential Customers”) to purchase and/or subscribe to Hour One’s products and services. In addition, you shall use your best efforts to enhance Hour One’s business reputation and interests.

3. Qualified Customers.

3.1. For the purposes of these Terms, a “Qualified Customer” is a Potential Customer who satisfies the following conditions:

a. the Potential Customer must not be a current or past customer or user of Hour One’s products and services and must not have an account registered with Hour One; and

b. the Potential Customer must register and successfully purchase a subscription from Hour One’s product and services on Hour One’s website, https://www.hourone.ai (“Website“), within 60 days from clicking on a unique tracking link provided by the approved Affiliate and/or Referral Partner (“Link“). If the Potential Customer does not use the Link and register for Hour One’s products and services within 60 days and purchase within that timeframe a subscription from Hour One, they will not be considered a Qualified Customer. If the Potential Customer clicks on multiple Links provided by multiple approved Affiliates or Referral Partners, only the approved Affiliate whose Link was last clicked will be awarded the Commission or Credits (as applicable) with respect to that Qualified Customer.

3.2. A Qualified Customer shall remain a Qualified Customer for a duration of 12 months from the date the Qualified Customer first registers to use the Hour One products and services on the Website. The Commission (defined below) shall only be paid to the Affiliate for the 12-month period in which the Qualified Customer is a Qualified Customer.

4. Commission.

4.1. This Section 4 applies to Affiliates only and not to Referral Partners.

4.2. For each Qualified Customer, the Affiliate shall be entitled to a commission equal to 20% of the Revenues (defined below) generated from a Qualified Transaction (defined below) as set forth hereunder (the “Commission”). The due Commission shall be paid to the Affiliate on a monthly basis, within 30 days from the end of the previous month . Commission is paid if the due Commission amount is greater than US $250. If the due Commission is less than US $250, the Commission shall be transferred and added to the next month’s Commission payment until the total due commission exceeds US $250. You must have a valid payment method in order to receive your commission. A list of available payment methods is available in your Rewardful account settings.

4.3. For the purpose of these Terms, the following terms shall have the meanings set forth below:
4.3.1. “Qualified Transaction” shall mean a commercial agreement for the subscription to Hour One’s products and services by and between Hour One and a Qualified Customer, entered into during the Term, through the Link.
4.3.2. “Revenues” shall mean the proceeds actually received by Hour One under a Qualified Transaction, and are net of any sales tax if applicable, and any reclaimed or refunded amounts. In the event that the Qualified Customer is approved a refund after the Commission has been paid, Affiliate shall return to Hour One (if requested) the Commission related to the refunded amount or to deduct it from the future Commissions.
4.4. All payments are inclusive of all taxes or charges of any kind, including without limitation excise, sales, use or value-added taxes, customs or other import duties, and/or all other taxes, tariffs or duties incorporated on such products or any component thereof. The affiliate will be responsible for paying the applicable taxes. If applicable laws require the withholding of such taxes, Hour One will deduct the taxes from the related payment otherwise due to Affiliate, and such taxes shall be paid to the proper taxing authority. Any Commission payments to Affiliate set forth herein shall be in the currencies paid to Hour One or USD (as determined by Hour One).
4.5. Except for the due Commission, Affiliate shall not be entitled to receive any additional payment from Hour One with respect to the Program, and Affiliate shall bear any and all expenses incurred by it in rendering performance of these Terms.

5. Specific terms applicable to Referral Partners

If you are an existing Hour One customer, you may apply to become a referral partner, subject to the registration and approval process set out in Section 1 above (“Referral Partner“). Notwithstanding anything to the contrary, as sole consideration under these Terms, Referral Partners shall be entitled to receive credits to be used on Hour One’s products and services (“Credit“) for any Qualified Customer (defined below) who enters into a Qualified Transaction (defined below). Referral Partners shall not be entitled to the Commissions (defined below) and the value/amount of Credit that the Referral Partner shall receive shall be at Hour One’s sole discretion. The Credit is a one-time payment.

6. Hour One Materials. 

Subject to these Terms, Affiliate or Referral Partner may use materials (such as images, product names and numbers, trade names, trademarks, slogans, and/or designs depicted in any marketing collateral or Links) provided by Hour One as part of the Program (“Materials“) only as specified herein and shall not misappropriate, alter or modify any Materials. Hour One reserves the right to suspend the participation of any Affiliate or Referral Partner who violates this Section.

7. Affiliate’s and Referral Partner’s Representations, Warranties and Additional Covenants.

7.1. Each Affiliate and Referral Partner represents, warrants and covenants that it shall: (a) fully comply with these Terms and all applicable laws, regulations and ordinances and that performance of these Terms and participation in the Program does not and shall not conflict with any other activities or services provided by it to any third parties; (b) not engage in in any misleading or inappropriate advertising, including, without limitation: (i) send, post or otherwise disseminate unauthorized commercial communications (such as spam); (ii) use inappropriate advertisement such as providing misleading links; and/or (iii) post, transmit, or use content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or is otherwise objectionable to third-parties, or advertise on websites hosting such content; (c) properly and promptly notify Potential Customers and Qualified Customers of the affiliate relationship hereunder; (d) not, at any time, offer Potential Customers and/or Qualified Customers incentives in the form of rebates, coupons, or another form of promised kick-backs from the Commission; (e) not refer themselves, or conduct (or attempt to conduct) fraudulent transactions or other fraudulent activity; (f) not, at any time, use Hour One’s name, trade names, trademarks or logos other than in the manner expressly authorized by Hour One; (g) not, at any time, challenge, either directly or indirectly, any of Hour One’s trademarks or other Intellectual Property Rights (defined below), including keywords which may dilute Hour One’s trademarks and brands, or create or use keywords which can create competition to Hour One’s business model including misspelling of the Hour One name; (h) ensure that the Affiliate’s or Referral Partner’s domain name does not contain the word ‘Hour One’; (i) ensure that the Affiliate’s or Referral Partner’s website and marketing materials do not confuse or mislead customers as to the true owner of Hour One’s products and services; (j) not use any term which may negatively affect Hour One, its reputation, goodwill or its brand; and/or (k) not misappropriate, alter or modify any Materials provided to it by Hour One.
7.2. The Affiliate and/or Referral Partners shall not refer themselves to the Program and shall not be eligible as a Qualified Customer at any time or to receive any Commission or Credit (as applicable) for such unauthorized referral.
7.3. The Affiliate and Referral Partner shall disclose to the Qualified Customer the affiliate relationship with Hour One prominently on any marketing material or, at latest, when providing the Link to the Qualified Customer. The Affiliate and Referral Partner shall abide by any applicable local law or regulation regarding the disclosure of affiliations.
7.4. Without derogating from Hour One’s other remedies at law and in equity and notwithstanding anything to the contrary, if Affiliate or Referral Partner is in breach of this Section 7: (a) Hour One may immediately terminate these Terms; (b) Affiliate and Referral Partner forfeit payment of any earned Commission or Credit, as applicable; and (c) Affiliate and Referral Partner shall immediately return to Hour One any amounts of Commission or Credits (as applicable) already received.

8. Confidentiality

Affiliate and Referral Partner acknowledge that, from time to time, they may be exposed to certain information concerning Hour One, Hour One’s customers, Materials, Website, Hour One’s products and services, and any other information relating to Hour One’s business, all of which are and shall remain at all times, Hour One’s confidential and proprietary information and not generally known to the public (“Confidential Information”). Affiliate and Referral Partner agree that they will take all appropriate steps to protect such Confidential Information from unauthorized disclosure, that it will not disclose such Confidential Information to any third party, and that it will not use any Confidential Information (other than as authorized by these Terms) without the prior written consent of Hour One. Affiliate’s and Referral Partner’s obligations with respect to Confidential Information shall continue for a period of 3 years from the date of termination of these Terms, or until such Confidential Information becomes publicly known, other than by breach of these Terms by Affiliate or Referral Partner. Without derogating from any other remedies available under applicable law or agreement, Hour One shall be entitled to obtain an injunction restraining any violation, further violation or threatened violation of this Section.

9. Intellectual Property. 

Hour One does not sell, convey, assign or transfer and Affiliate and/or Referral Partner do not and shall not acquire any rights in Hour One’s products, services and its technology, Materials, Confidential Information, Website, or any part thereof and/or in the Intellectual Property Rights (as defined below) embodied therein or connected thereto. All Intellectual Property Rights, title and interest in and to Hour One’s products and services and the Confidential Information are and shall remain at all times the exclusive property of Hour One. “Intellectual Property Rights” shall mean all of Hour One’s intangible legal rights, titles and interests evidenced by or embodied in or connected or related to the Website and its products, technology and services, including without limitation: all inventions, patents (whether patentable or un-patentable and whether or not reduced to practice), patent applications, trademarks, service marks, trade dress, logos, trade names, corporate names, domain names, any work of authorship (regardless of copyrightability), copyrights (including moral rights), trade secrets, Confidential Information, and all other proprietary rights in whatever form or medium.

10. Term and Termination.
10.1. These Terms shall commence on the date the Affiliate’s or Referral Partner’s (as applicable) application for the Program is accepted and shall remain in force until earlier terminated in accordance with Sections 10.2 or 10.3 below (“Term“).
10.2. Either party may terminate these Terms for convenience, upon prior written notice to the other party. Notwithstanding anything to the contrary, Hour One may, at its sole discretion, terminate these Terms at any time, without the need to disclose reasons for such a measure. In the event of termination by Hour One without cause under this Section 10.2, such termination will not affect Commission payment for active Qualified Customers for as long as they meet the necessary criteria.
10.3. Hour One may immediately terminate these Terms at any time, and with no further liability to the Affiliate and/or Referral Partner, if the Affiliate or Referral Partner breaches any term of these Terms (including without limitation, the performance of the services hereunder or breach of Section 7 above) or engages in fraudulent or illegal activities. In the event that Hour One terminates these Terms pursuant to this Section 10.3, without limiting any additional rights or remedies, the termination will also terminate payments of the Commission for any active Qualified Customer.
10.4. Upon termination or expiration of these Terms for any reason, Affiliate and/or Referral Partner, as applicable, shall: (i) cease promoting and marketing Hour One’s products and services; and (ii) promptly return to Hour One all Confidential Information and/or any such tangible property representing the Confidential Information and all copies thereof; and thereafter erase/delete any such Confidential Information held by it in electronic form. Notwithstanding anything to the contrary, the provisions of this Section 10.4 and Sections: 3 (Qualified Customers) 7 (Affiliate’s and Referral Partner’s Representations, Warranties and Additional Covenants), 8 (Confidentiality), 9 (Intellectual Property), 11 (Limitation of Liability), 12 (Indemnification), and 13 (Miscellaneous) shall survive termination or expiration of these Terms.
11. Limitation of Liability. 

NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, (A) HOURONE SHALL NOT BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS, AND THE SUBJECT MATTER THEREOF, INCLUDING WITHOUT LIMITATION, THE PROGRAM, FOR: ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES; ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF ANTICIPATED SAVINGS; ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, OR GOODWILL; AND/OR THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES, AND (B) THE COMBINED AGGREGATE AND CUMULATIVE LIABILITY OF HOUR ONE UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS, AND THE SUBJECT MATTER THEREOF, INCLUDING WITHOUT LIMITATION, THE PROGRAM, SHALL NOT EXCEED THE COMMISSIONS OR CREDIT, AS APPLIABLE, ACTUALLY PAID TO YOU IN CONNECTION WITH THESE TERMS DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATION SHALL APPLY: (a) EVEN IF HOURONE HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (b) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; and (c) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY).

12. Indemnification

Affiliate and Referral Partner agree to indemnify, defend and hold harmless Hour One and its affiliates, directors, officers, employees, and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) brought by a third party, arising out of a breach, or alleged breach, arising out of or in connection with Affiliate’s and/or Referral Partner’s performance under or breach of these Terms.

13. Miscellaneous

Notwithstanding anything herein to the contrary, Affiliate and/or Referral Partner shall not have the right, power or authority to enter into an agreement, grant a promise, provide warranties or to commit Hour One in any manner whatsoever. Affiliate and/or Referral Partner shall not assign and/or subcontract any of its rights and obligations under these Terms, except with Hour One’s prior written consent. Hour One may assign any of its rights and/or obligations hereunder at its sole discretion. These Terms do not create and shall not be construed as creating an employer-employee relationship between Hour One and the Affiliate and/or Referral Partner (or any of Affiliate’s and/or Referral Partner’s employees), nor any agency, joint venture, or partnership. Affiliate hereby acknowledges and agrees that it is acting solely as an independent Affiliate and/or Referral Partner of Hour One, and that Hour One has no obligation under any laws regarding employee liability. The parties agree that these Terms constitute the complete and entire agreement of the parties and supersedes all previous communications, oral or written, between them relating to the subject matter hereof. No representations or statements of any kind made by Hour One that are not expressly stated herein shall be binding on Hour One. If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms. Neither party’s failure to exercise any of its rights hereunder shall constitute or be deemed a waiver or forfeiture of any such rights. These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of laws provisions and the parties hereto submit to the exclusive jurisdiction of the competent courts in Tel-Aviv, Israel. Notwithstanding the foregoing, Hour One may seek equitable relief in any court of competent jurisdiction. Hour One may unilaterally modify or replace these Terms at any time with reasonable prior notice. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.

 

 

 

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