Referral Program Terms and Conditions
Last Edit:Â January 11th, 2025
Thank you for participating in the Tracy Rhaj Dance Academy Referral Program (the “Referral Program”)!
By distributing a Link (as defined below) to prospective Tracy Rhaj Dance Academy customers, you agree to be bound by these Referral Program Terms and Conditions (“Terms”), so please read them carefully.
If you do not agree with any of the Terms, you are not permitted to participate in the Referral Program.
Any capitalized terms not defined in these Terms will have the meanings outlined in the Tracy Rhaj Dance Academy Platform Terms of Service (the “Platform Terms”).
By agreeing to participate in the Referral Program, you agree with and accept all of the terms and conditions contained in these Terms, and Tracy Rhaj Dance Academy’s other policies, including but not limited to the Platform's Terms and Conditions, Legal Disclaimer, and Privacy Notice, all of which are included in our footer (bottom of the page), (collectively, “Tracy Rhaj Dance Academy’s Policies”). For the avoidance of doubt, all such Tracy Rhaj Dance Academy Policies form part of these Terms and are incorporated by reference.
Tracy Rhaj Dance Academy reserves the right to update and change these Terms, percentages, and special offers, and will post the revised version date at the top. If a significant change is made, we will provide reasonable notice by email. You are advised to check these Terms from time to time for any updates or changes that may impact you.
‍Program Overview:
Existing, paying Tracy Rhaj Dance Academy Heroes can refer eligible friends, family members, or colleagues (“Referral”) to subscribe to eligible Tracy Rhaj Dance Academy subscriptions (an eligible subscription includes any plan available for purchase here) (an “Eligible Plan”). For each Referral who signs up for an Eligible Plan through your valid Link and subsequently becomes a paying Tracy Rhaj Dance Academy subscriber, you will receive a one-time monetary Referral Fee (as defined below).
At its sole discretion, Tracy Rhaj Dance Academy may shorten, extend, suspend, cancel, or modify the Referral Program at any time for any reason. We reserve the right to disqualify you from participation in the Referral Program if you do not comply with these Terms.
Links
To be eligible to participate in the Referral Program, you must have (a) a Tracy Rhaj Dance Academy Account that is active and in good standing (meaning you must be current on all of your Subscription Fees in order to participate in the Referral Program), and (b) generated revenue from your Content on the Platform.
Tracy Rhaj Dance Academy will provide you with a unique referral link (“Link”) that identifies you as the referral source for prospective Tracy Rhaj Dance Academy customers. The Link is available on the Dashboard page of your Tracy Rhaj Dance Academy Account. You may only make referrals through your unique Link. You are permitted to distribute your Link to Referrals solely for the purpose of promoting Tracy Rhaj Dance Academy and our Platform. To use your Link, copy it and send it to Referrals by SMS, social media, or from your personal email account.
Referrals using your link will receive special defined offers as described on your Dashboard page. Your Link is valid only for the purchase by a Referral of an Eligible Plan and not for any other Tracy Rhaj Dance Academy products or services. Tracy Rhaj Dance Academy may discontinue or invalidate your Link at any time, including if we suspect fraudulent or improper use, with notice to you. You will be responsible for notifying any of your Referrals of the invalidity of any previously distributed Link.
Referrals’ Eligibility
Referral Fees will only be awarded for Referrals that are new to Tracy Rhaj Dance Academy (in other words, Referrals cannot already have an active or inactive Tracy Rhaj Dance Academy Account or have been a previous Tracy Rhaj Dance Academy customer), are at least 18 years old, otherwise qualify to be a Tracy Rhaj Dance Academy subscriber, purchase an Eligible Plan directly through the Link by any applicable offer end date, and become a paid subscriber at the end of any free trial period. We have the right to reject any Referral that does not comply with these requirements or Tracy Rhaj Dance Academy’s Policies.
Referral Fees
Each time a Referral uses your Link to purchase an Eligible Plan and subsequently becomes a paying Tracy Rhaj Dance Academy subscriber, you will receive a one-time monetary payment equal to the monthly fee (or its equivalent if an annual plan) of the Eligible Plan paid by the Referral (the “Referral Fees”). For example, if your Referral signs up for a monthly Growth Plan, your Referral Fee from such Referral will equal $199 and if they sign up for an annual Growth Plan, your Referral Fee will equal $159. You will not be entitled to any Referral Fees for any purchases of any other Tracy Rhaj Dance Academy product, service, or feature, other than the Eligible Plan. No other compensation of any kind is payable by Tracy Rhaj Dance Academy to you in connection with your participation in the Referral Program.
Payments of any Referral Fees will be made on the 1st of each month following Tracy Rhaj Dance Academy’s receipt of such payments.
If your Referral receives any refund prior to the payment to you of the applicable Referral Fee, the amount of the refund will be deducted from your
Referral Fee.
Your referred students must be an active members at Tracy Rhaj Dance Academy. At any time their Tracy Rhaj Dance Academy Account is canceled, you will no longer receive the corresponding Referral Commission Fee.
You must have an active PayPal account in which to receive payment of any Referral Fees. This is the only method by which Tracy Rhaj Dance Academy will pay you the Referral Fees. If you do not currently have a PayPal account, you can sign up here https://www.paypal.com/us/home.
Only your specific Link is used to track Referrals. Incorrect use of any link will cause inability to track Referrals.
In the event a single customer clicks multiple different links, the first affiliate gets the credit. We do, however, reserve the right to modify this in certain circumstances.
You are responsible for (i) all costs and expenses incurred by you in connection with your participation in the Referral Program; and (ii) any and all taxes, fees, duties, tariffs, or charges that arise from or in any way relate to any Referral Fees you receive from Tracy Rhaj Dance Academy.
Your Responsibilities and Obligations
You have no authority to assume or create any obligation or warranty, express or implied, on behalf of Tracy Rhaj Dance Academy or to represent Tracy Rhaj Dance Academy in any capacity, except as expressly outlined in these Terms. You have no authority or control over the prices or fees for the Eligible Plans or any other aspect of Tracy Rhaj Dance Academy’s Platform.
You may not offer gifts, coupons, refunds, credits, or discounts to Referrals as an incentive, other than those specifically offered by Tracy Rhaj Dance Academy in connection with the Referral Program.
You will not (i) make any false, misleading, or disparaging statements or representations with respect to Tracy Rhaj Dance Academy or the Platform, Tracy Rhaj Dance Academy’s Heroes, or Tracy Rhaj Dance Academy’s competitors; (ii) engage in any unfair or deceptive trade practice involving Tracy Rhaj Dance Academy; (iii) use any “spam” emails, “junk mail”, or similar unwanted advertising or promotional materials in connection with the promotion of Tracy Rhaj Dance Academy or your Link; or (iv) sell your Link to anyone in exchange for a fee or other compensation.
You will comply with all applicable laws, rules, and regulations (“Applicable Laws”) as well as with these Terms and the Tracy Rhaj Dance Academy Policies and any other policies and procedures of Tracy Rhaj Dance Academy made available to you in connection with your participation in the Referral Program.
You cannot refer yourself, for example by using a different email address. You will not be paid for any Referral that is affiliated with you.
You will not violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene, or outside the spirit or intent of the Referral Program.
You may not (i) tamper with the Referral Program; (ii) act in an unfair or disruptive manner; (iii) use any system, bot, or other device or artifice to participate in or receive any benefit in the Referral Program; or (iv) participate in fraudulent or abusive activities in relation to the accrual of Referral Fees.
Marketing and Promotion
‍Distribution of Links
While participating in the Referral Program, Tracy Rhaj Dance Academy hereby grants to you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to display Tracy Rhaj Dance Academy’s trademarks for the sole purpose of marketing and promoting Tracy Rhaj Dance Academy in connection with the Referral Program. You may not develop any marketing or promotional materials using Tracy Rhaj Dance Academy’s trademarks without our prior written approval and your use of Tracy Rhaj Dance Academy’s trademarks must otherwise comply with these Terms and the Platform Terms. You may not use our trademarks or variations or misspellings thereof in your business name, logo, branding, advertising, social media, or domain name (including without limitation top-level domains, sub-domains and page URLs), products or services.
If we provide you with any promotional materials, you will only be permitted to use such material for the limited purpose of promoting Tracy Rhaj Dance Academy to Referrals and only as directed by Tracy Rhaj Dance Academy and in exactly the form provided to you by Tracy Rhaj Dance Academy without alteration. All rights, title, and interest in and to the Tracy Rhaj Dance Academy trademarks, materials, and all goodwill associated therewith will remain and vest with Tracy Rhaj Dance Academy.
Distribution of Links
You may distribute your Link via email, social media, blogs, forums, on your personal or business websites, or through any other means of promoting Tracy Rhaj Dance Academy; provided, however, that you will not (i) utilize any marketing methods that violate these Terms; (ii) infringe, dilute, or otherwise violate the intellectual property rights of Tracy Rhaj Dance Academy or any third parties; or (iii) violate any Applicable Law in connection with such marketing activities.
Further, you will:
only distribute your Link provided to you through your Dashboard;
not manipulate or change the Link in any way manner;
not distribute your Link obtained from any means other than your Dashboard, including via the Tracy Rhaj Dance Academy Partner Program, customer emails, paid searches or any any other campaign;
not engage in cookie stuffing and/or include pop-ups, false, or misleading links on your website;
attempt to mask the referring URL information for a Link;
not use redirects to give the appearance of that a Referral’s click on a Link came from another domain; and
not purchase ads or keywords on any search engine or third-party site using the Link or any Tracy Rhaj Dance Academy trademarks.
You will not post your Link or solicit Referrals on any third-party coupon or similar deal websites and if we discover you are doing so, we reserve the right to void all of your Referral Fees and/or terminate your participation in the Referral Program and/or your Tracy Rhaj Dance Academy Account.
If you use third-party websites or services to promote Tracy Rhaj Dance Academy, you must comply with such website or service provider’s terms and conditions regarding posting promotional content. Additionally, you must comply with the following social media guidelines:
You may promote Tracy Rhaj Dance Academy by posting your Link on your own social media accounts.
You may not post your Link on any public forum found on Tracy Rhaj Dance Academy’s social media accounts, so for example please don’t post your Link on Tracy Rhaj Dance Academy’s Facebook Hero Community.
You may not purchase or run ads on any social media website using your Link or any Tracy Rhaj Dance Academy trademarks.
Pay-per-Click
If you engage in pay-per-click advertising, you must adhere to the following guidelines:
You may not bid on any Tracy Rhaj Dance Academy trademarks or any variations or misspellings thereof for search or content-based campaigns on any search or advertising network.
You may not use Tracy Rhaj Dance Academy’s trademarks in combination with any other keyword (for example “Tracy Rhaj Dance Academy Discounts").
You may not use Tracy Rhaj Dance Academy’s trademarks in your ad title, ad copy, display name, or as the display URL.
You may not directly link to our website from any PPC ad or use redirects that yield the same result.
You may not bid in any manner appearing higher than Tracy Rhaj Dance Academy for any search term in position 1-5 in any auction-style PPC advertising program.
Tracy Rhaj Dance Academy takes our intellectual property rights very seriously and we have a strict no-tolerance policy on PPC trademark bidding. If you automate your PPC campaigns, it is your responsibility to exclude Tracy Rhaj Dance Academy’s trademarks from your program. If we determine that you have engaged in PPC trademark bidding with any of our trademarks, we reserve the right in our discretion to void all of your Referral Fees and/or terminate your participation in the Referral Program and/or terminate your Tracy Rhaj Dance Academy Account in accordance with the Platform Terms.
FTC Guidelines
The Federal Trade Commission (“FTC”) regulates endorsements in advertising and your participation in the Referral Program is subject to such regulations. As part of your participation in the Referral Program, you agree and acknowledge that you are responsible for making truthful and accurate statements about Tracy Rhaj Dance Academy and our Platform in connection with any messages or communications relating to the Referral Program. You must be honest and accurate. Please be aware that you must comply with the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising and that you could be held liable for false or misleading statements made in connection with your endorsement of Tracy Rhaj Dance Academy.
Additionally, the FTC requires that you must disclose that you will receive a benefit for referring your Referrals to Tracy Rhaj Dance Academy. You must include a disclosure statement within any websites, pages, blogs/posts, or social media posts where your Link is posted. This disclosure statement must be clear and concise and state that we are compensating you for your endorsement. In addition:
Disclosures must be made as close as possible to the Link and claims.
Disclosures should be placed "above the fold" of your website; scrolling should not be necessary to find the disclosure.
Pop-up disclosures are prohibited.
Disclosures must otherwise comply with all FTC disclosure requirements and any other Applicable Laws.
For more information about FTC disclosure requirements, please review the FTC’s “Dot Com Disclosures” Guidelines, the FTC's Endorsement Guidelines, and Tracy Rhaj Dance Academy’s FTC Guidelines article.
Bulk Distribution (“Spam”).
You are the sender of the emails or other messages you send to your Referrals, and you must comply with all Applicable Laws, including anti-spam laws (Please refer to our Anti-Spam Policy). You are responsible for ensuring that your messages are created and distributed in a personal manner that is appropriate for communication, with friends, family, and colleagues. You may not engage in any bulk email distribution or any manner that would constitute unsolicited commercial email or “spam”. We have no obligation to monitor your communications; however, we may choose to do so and we may block messages, remove any content, or immediately terminate your participation in the Referral Program if we find that you are violating these Terms.
Tracy Rhaj Dance Academy’s Right to Monitor.
Tracy Rhaj Dance Academy has the right, but not the obligation, to monitor or investigate your website, your social media, your marketing, and your use of the Link or Tracy Rhaj Dance Academy’s products or services at any time for compliance with these Terms or the Tracy Rhaj Dance Academy Policies. Our determination of whether a violation of any of these terms has occurred and our actions taken will be final and binding.
Termination, Removal from Program, and Forfeiture of Referral Fees
These Terms commence on the date that you first distribute a Link to a Referral and continue in effect for so long as you maintain a valid Tracy Rhaj Dance Academy Account. We may cancel or terminate the Referral Program and these Terms at any time in our sole discretion, with or without notice to you. You may terminate your participation in the Referral Program by ceasing to distribute your Link. In the event of any suspected fraud or your violation of these Terms, Tracy Rhaj Dance Academy reserves the right to limit, suspend, or terminate your participation in the Referral Program, terminate or revoke your right to receive Referral Fees, and/or terminate your Tracy Rhaj Dance Academy Account. Upon termination of your participation in the Referral Program for any reason, you must (a) immediately cease distributing your Link and using any Tracy Rhaj Dance Academy trademarks; and (b) your Link will be deactivated and no longer valid for use by Referrals.
‍Indemnification‍
By participating in the Referral Program, you agree to indemnify and hold harmless Tracy Rhaj Dance Academy and its Team from all liabilities, damages, and costs (including settlement costs and attorneys’ fees and expenses) arising out of a third-party claim regarding or in connection with (a) your breach of these Terms; (b) your non-compliance or violation of any Applicable Laws; or (c) your taxes, including any audits or penalties related thereto.
No Warranties
Tracy Rhaj Dance Academy DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, IN REGARDS TO THE REFERRAL PROGRAM OR THE PLATFORM. THIS INCLUDES, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA LOSS, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING THE AVAILABILITY, RELIABILITY, OR ACCURACY OF THE REFERRAL PROGRAM OR THE PLATFORM.
Limitation of Liability
Tracy Rhaj Dance Academy WILL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFIT OR INCOME OR FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, WHETHER IN AN ACTION FOR CONTRACT OR TORT OR IN CONNECTION WITH THESE REFERRAL PROGRAM TERMS, EVEN IF Tracy Rhaj Dance Academy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Tracy Rhaj Dance Academy’S CUMULATIVE LIABILITY TO YOU UNDER THESE REFERRAL PROGRAM TERMS EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
Modification
Tracy Rhaj Dance Academy has the right in our sole discretion to update or modify these Terms at any time. We will notify you of any changes by email, by in-app notification, by posting the revised version of the Terms revising the date at the top, or by such other form of notice as we may determine. Your distribution of your Link after such change constitutes your acceptance of the revised Terms.
General Provision
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict of law provisions. Any dispute arising under these Terms will be resolved in accordance with Section 12 of the Platform Terms. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed, and the remainder of the terms will remain in full effect. Tracy Rhaj Dance Academy may assign these Terms, in whole or in part, at any time with or without notice to you. You may not transfer, assign, or delegate these Terms to any third party. These Terms, the Platform Terms, and Tracy Rhaj Dance Academy Policies constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms will be effective only if in writing and signed by Tracy Rhaj Dance Academy.
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If you have any questions, please send an email to [email protected].
