AMBASSADOR ADDENDUM

Last Updated: February 21, 2022

This Ambassador Addendum (“Addendum”) applies to and governs your use of the TogetheRaise.com website and the Services for activities related to our Ambassador program (“Ambassador Program”) and sets forth the specific conditions under which TogetheRaise, LLC, a Delaware Limited Liability Company (hereinafter referred to as “TogetheRaise,” “TogetheRaise.com,” we, us, or our), provides you access to the Ambassador Program.

This Addendum is hereby incorporated as an addendum to the TogetheRaise.com Terms of Use. The provisions of the Terms of Use apply to this Addendum. In the event of a conflict between the Terms of Use and this Addendum, this Addendum will govern with respect to those portions of your use of the TogetheRaise.com website and the Services for activities related to the Ambassador Program. Unless otherwise provided herein, all Capitalized terms herein have the same meaning as defined in the Terms of Use.

PLEASE REVIEW THESE TERMS CAREFULLY.

BY YOUR EITHER:

  • CLICKING THAT YOU AGREE WHEN PRESENTED AN OPTION TO AGREE TO THIS ADDENDUM AS PART OF A CLICK-THROUGH SIGN-UP OR AGREEMENT AND/OR
  • USING THE AMBASSADOR PROGRAM-RELATED PORTIONS OF THE TOGETHERAISE.COM WEBSITE AND THE SERVICES,

YOU AGREE TO THIS ADDENDUM AND UNDERLYING TERMS OF USE (INCLUDING ANY MODIFICATIONS TO THE ADDENDUM AND/OR TERMS OF USE THAT TOGETHERAISE.COM MAY MAKE FROM TIME TO TIME) WITH RESPECT TO THE ENTIRETY OF YOUR USE OF THOSE AMBASSADOR PROGRAM-RELATED PORTIONS OF THE TOGETHERAISE.COM WEBSITE AND THE SERVICES.

If you do not agree to this Addendum and/or the Terms of Use, you may not be able to use the Ambassador Program-related portions of the Services, and you should not use those portions of the TogetheRaise.com website.

If you have any questions about this Addendum and/or the Terms of Use, please contact us at: support@togetheraise.com.

For information about how we collect, use, share and otherwise process information about you in connection with the Ambassador Program, please see our Privacy Policy, which is incorporated herein by reference.

1. ELIGIBILITY AND COMPLIANCE

You represent, warrant, and covenant that you comply with the eligibility terms to participate in the Ambassador Program at all times during your participation as outlined below, and you must promptly provide us with any information that we request to verify your compliance. TogetheRaise may add, modify, or remove any eligibility term for the Ambassador Program at any time without any liability to you or any third party.

Eligibility Terms:

  • You submit a complete Ambassador Program registration form, which form may be updated by TogetheRaise from time to time and which you may be required to renew from time to time.
  • You have a registered TogetheRaise general user account (“User Account”) and an Ambassador account (“Ambassador Account”) that are and continue to be in good standing with TogetheRaise, to be determined by TogetheRaise in its sole discretion.
  • You are at least 18 years of age or the lawful age required to enter into contracts in your resident jurisdiction, whichever is higher.
  • You have and maintain a payment account in good standing at a TogetheRaise-endorsed payment provider to receive payments as part of your participation in the Ambassador Program. Such endorsed payment providers may change from time to time at the sole discretion of TogetheRaise. The currently approved payment provider is PayPal.
  • You are a resident of the U.S. or a country approved by TogetheRaise for participation in the Ambassador Program (your residency is determined based on U.S. tax law).
  • You are (a) in good standing with the U.S. Internal Revenue Service and/or the applicable governmental tax authority in the country in which you reside and (b) have never been convicted of a felony (or comparable crime) nor are you currently under investigation for or charged with a felony (or comparable crime) in any jurisdiction.
  • The information you provide about yourself to TogetheRaise in connection with the Ambassador Program is accurate and complete at all times (note that you may be required to have such information publicly displayed on the TogetheRaise.com website in order to participate in the Ambassador Program).
  • Your participation in the Ambassador Program does not violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, or other requirements of any governmental authority that has jurisdiction over you (including all such rules governing communications, data protection, advertising, or marketing). Further, you are not subject to U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are conducting activities related to the Ambassador Program.
  • You understand and agree that certain features of the Ambassador Program may be limited or unavailable to you for a specific campaign if you have not made a donation to that campaign. If you do not wish to make a donation, please contact ambassador@togetheraise.com to discuss your eligibility.

2. RULES & CONDUCT FOR THE AMBASSADOR PROGRAM AND YOUR AMBASSADOR ACCOUNT

By participating in the Ambassador Program, you acknowledge and agree to adhere to the following rules and conduct:

  • Your approval and acceptance into the Ambassador Program is in TogetheRaise’s sole discretion, which may be revoked by TogetheRaise at any time.
  • TogetheRaise may modify, suspend, or remove the Ambassador Program or any part thereof at any time, in TogetheRaise’s sole discretion, without liability to you or any third party.
  • TogetheRaise does not represent, warrant, or guarantee the accuracy or availability of the Ambassador Program, your Ambassador Account, and/or any integration, feature, or components therein.
  • TogetheRaise does not represent, warrant, or guarantee the accuracy or availability of the Ambassador Program, your Ambassador Account, and/or any integration, feature, or components therein.
  • You will not engage in any fraudulent, deceptive, unethical, illegal, or otherwise problematic (as deemed by TogetheRaise in its sole discretion) activities (which includes your activity on TogetheRaise.com and any external or third-party platforms or websites where you place information related to the Ambassador Program and/or your Ambassador Account).
  • It is your sole responsibility to provide TogetheRaise with accurate and sufficient information (as deemed by TogetheRaise in its sole discretion) such that TogetheRaise may make payments to you; Inaccurate or insufficient information may result in TogetheRaise withholding payments from you, and you may eventually forfeit any and all rights to receive such payments to the extent provided under applicable law.
  • You may not transfer or assign your Ambassador Account (including the rights to any amount payable to you) to any other person and/or entity.
  • In the event you disclose publicly or to any third party information related to your participation in the Ambassador Program (including details about your commission income), you agree to only do so in a truthful manner, that in no way misrepresents any information pertaining to the Ambassador Program or TogetheRaise.
  • When displaying a Referral Code which may result in payment to you by TogetheRaise as an Ambassador, you must clearly and prominently disclose that you may earn a commission from any Tip amount made in connection with the campaign donation, in accordance with U.S. Federal Trade Commission (FTC) regulations.

3. AMBASSADOR ACCOUNT

  • In order to sign-up for the Ambassador Program, you must register and maintain a User Account in good standing with TogetheRaise.
  • Your Ambassador Account is a secondary, optional layer that exists as part of your User Account.
  • Each User Account may be associated with only one Ambassador Account. Your email address associated with your User Account and Ambassador Account must be identical, and in the event of any email mismatch, TogetheRaise will update your User Account email to match the email that is validated as part of you Ambassador Account.
  • TogetheRaise, at any time and for any reason, in its sole discretion and without any liability to you or any third party, may rescind approval, remove, suspend, terminate, or otherwise discontinue any portion of your User Account, including your Ambassador Account. Notwithstanding any contrary provision herein, in such cases, TogetheRaise shall maintain its obligations to pay out any then-current amounts that you are entitled to receive under your Ambassador Account payment balance.
  • You may cancel your Ambassador Account upon notice to TogetheRaise (via the cancellation mechanism provided by TogetheRaise within the Services), which will take effect within a reasonable time from TogetheRaise’s receipt of your request. Note that TogetheRaise may need to retain portions of your account information as necessary to meet its obligations, including for security, accounting, payment, tax, and other purposes addressed in the Privacy Policy.
  • You may elect to provide personal information for display on the TogetheRaise website and/or the Services as part of your Ambassador Account, details of which will be disclosed to you at the time of information submission. In such event, you grant to TogetheRaise a royalty-free, worldwide, and sublicensable license to exhibit, use, reproduce, adapt, publish, translate, share, index, allow to be crawled, create derivative works from, distribute, promote, market and monetize, publicly perform and display your personal information and any name, username or likeness provided in connection with your Ambassador Account in all media formats and channels now known or later developed, without compensation to you (although you may be entitled to receive payment through the Ambassador Program, as described below). The rights granted above include a right and license to copy, install, compress, uncompress, encode, decode, encrypt, decrypt display, use, cache, store, transmit, host, serve, stream, distribute, transmit, facilitate the distribution, transmission and/or other exploitation of, the distribution, promotion, and marketing of your personal information.
  • You acknowledge and agree that distribution of your personal information may be to third-party owned and/or operated properties, platforms, or channels that are necessary parts of the Ambassador Program, which may include but is not limited to) the designated entity involved in any Campaign, Make My Donation, its affiliates and vendors, the payment provider(s) (for example PayPal and Stripe), and/or any other entity deemed by TogetheRaise (in its reasonable discretion) as necessary for the purposes contemplated herein.
  • If you do not agree to such public display and sharing of the information in your Ambassador Account, then you may not participate in the Ambassador Program and you must cancel your Ambassador Account immediately.
  • As part of your Ambassador Account, you will be given an “Ambassador Profile” which is an area that contains, displays, and allows you to take actions with respect to your personal information, account balance, and other pertinent information related to your participation in the Ambassador Program.

4. AMBASSADOR PROGRAM

  • Overview.
    • As an eligible participant in the Ambassador Program, you may generate commission income for qualified activities (as approved explicitly herein or in the Terms of Use), related to marketing TogetheRaise fundraising campaigns, from Tips made by donors (other than yourself). You will only earn commission income for such amounts that are attributable to referral activity from your Ambassador Account, to be verified by TogetheRaise in its sole discretion.
    • An “Ambassador” means a user of the Ambassador Program with an Ambassador Account that is in good standing.
    • With respect to your offsite use of marketing materials and other items pertaining to your promotion of campaigns associated with your Ambassador Account, you are responsible for determining the type, style, placement, and any implementation decisions for the marketing materials and other items pertaining to your promotion of campaigns associated with your Ambassador Account, provided the materials and items do not conflict with any term in this Addendum, the Terms of Use, and/or the posted Rules and Regulations page on the website, and are not otherwise false, offensive, obscene, or disparaging to TogetheRaise (including its owners or employees), which TogetheRaise may determine in its sole discretion. In such cases, TogetheRaise may require you to modify or remove any such material or item and/or it may cancel your User Account and/or Ambassador Account without notice. Additionally, as referenced above in Section 2(i), when you publish a TogetheRaise Ambassador Referral Code off of our site (such as on social media platforms or in private messages), you should state in your posting/message that it is an Ambassador link and/or that you may receive a commission based on the recipient’s activity with such link.
    • You have full control over when you choose to perform qualified activities related to your participation in the Ambassador Program as well as the details and means to accomplish such activities which do not violate any term in this Addendum, the Terms of Use, the posted Rules and Regulations page on the website, and/or any applicable regulations that may apply.
  • Ambassador Referral. An “Ambassador Referral” attributable to your Ambassador Account occurs when a qualified, valid, optional Tip included as an add-on to a donation is made (by a person other than yourself) to a campaign, where such donation and Tip are tracked by TogetheRaise.com (in its sole discretion and subject solely to TogetheRaise’s records and logs, and not any other source of information) as having been directly - or, in certain cases indirectly - referred by you via the Referral Code that TogetheRaise makes available to you as part of your User Account, where such activity occurs i) only after you have created a TogetheRaise Ambassador Account and been approved by TogetheRaise to participate in the Ambassador Program, and ii) when you have an Ambassador Account that is in good standing at the specific time such donation with optional Tip is made.
  • “Referral Tree” means all donors who are connected to you via your Referral Code link, whether they are donors who donated directly from your Referral Code or donors who are connected by multiple referrals to you. For example, if you refer Donor 1 who refers Donor 2 who then refers Donor 3, all 3 donors will be in your Referral Tree.
  • Formulas and Determination. The formulas used to determine any specific participant’s earnings (in TogetheRaise’s sole discretion and at any time): (i) may change over time, and (ii) may not be the same across all Ambassador Accounts that participate in the Ambassador Program (please see the Standard Ambassador Formula below). Any referral or earnings instances (and amounts associated with each instance) in the Ambassador Program will be determined in TogetheRaise’s sole discretion, solely relying on only those processes, data, formulas, calculations, records, and/or any other means decided by TogetheRaise.
  • Standard Ambassador Formula and Types of Earnings Instances. As of the date hereof, the standard formula (“Standard Ambassador Formula”) includes i) only those qualified Ambassador Referral instances that for any specific Tip may include Direct-To-Ambassador Referral, Indirect-To-Sole-Ambassador Referral, and/or Indirect-To-Multiple-Ambassadors Referral instances, and also ii) only those qualified Ambassador Recruiting Credit instances (each type pursuant to the below definitions and examples of the qualified types of earnings instances that may count), as follows:
    • Direct-To-Ambassador Referral. If at the time a specific donation with a Tip is made, a user has an approved Ambassador Account in good standing, and only if the activity represents qualified earnings instance, that user will earn twenty percent (20%) of the Net Tip amount, from any valid, optional Tip included as an add-on to such donation made by any other user who has been directly referred by that user via the Referral Code that TogetheRaise makes available to that user (a “Direct-To-Ambassador Referral” earnings instance);
    • Indirect-To-Sole-Ambassador Referral. If at the time a specific donation with a Tip is made, a focal user has an approved Ambassador Account in good standing, and there is no other user with an Ambassador Account in that focal user’s Referral Tree who is more closely connected to such donor than the focal user is connected to such donor (that is, no other Ambassador between the focal user and the donor), and only if the activity represents a qualified earnings instance, that focal user will earn twenty percent (20%) of the Net Tip amount from any valid, optional Tip included as an add-on to such donation made by a user in that focal user’s Referral Tree (an “Indirect-To-Sole-Ambassador Referral” earnings instance);
    • Indirect-To-Multiple-Ambassadors Referral. If at the time a specific donation with a Tip is made, a focal user has an approved Ambassador Account in good standing, and there is another user with an Ambassador Account in the focal user’s Referral Tree who is more closely-connected to that donor than the focal user is, and the focal user is no further than two connected levels away from any other user with an Ambassador Account in the focal user’s Referral Tree (that is, who is closer to the donor) who is qualified to receive a portion of that Tip from that specific donation, and only if the activity represents qualified earnings instance, then the focal user will earn ten percent (10%) of the Net Tip amount, from any valid, optional Tip included as an add-on to such donation made by a user in the focal user’s Referral Tree (an “Indirect-To-Multiple-Ambassadors Referral” earnings instance);
    • Credit for Recruiting Another Ambassador. If at the time a specific donation with a Tip is made, if all of conditions i. through iv. below have occurred:
      • a focal user has an approved Ambassador Account in good standing;
      • that focal user has directly referred (through one of the focal user’s Referral Codes) another user, where such referred user subsequently donated and then became an Ambassador;
      • the donation by the referred user (as referred by the focal user) was the initial donation by the referred user (since the inception of the Ambassador Program), where such donation was directly referred via a Referral Code from a then-current Ambassador, as measured at the time the referred user signed-up and was approved for an Ambassador Account, and
      • with respect to any specific donation with a Tip from another user, the directly referred user is an Ambassador at the time of such Tip and earns (via one of the three aforementioned referral-based earnings instance types) a certain amount share of the Net Tip amount,

      then the focal user will earn an amount equal to fifty percent (50%) of the earnings amount that the directly referred Ambassador earned in relation to such Tip (an “Ambassador Recruiting Credit” earnings instance).

      For example, if for a specific Net Tip the directly referred Ambassador earned two dollars ($2) via a referral-based earnings instance, then the focal user (if any, who TogetheRaise considers the Ambassador who officially recruited that directly referred Ambassador) will earn 50% of that amount, or one dollar ($1) related to that same Net Tip.

  • Maximum One Recruiter Of An Ambassador. There can be only one Ambassador referrer for any Ambassador, which TogetheRaise will determine in its sole discretion. As such, there can be up to only one Ambassador (if any) who will be eligible to receive such Ambassador Recruiting Credit based on the activity of another Ambassador, which TogetheRaise will determine in its sole discretion, and such recruiter status may be rejected, removed or revoked by TogetheRaise in its sole discretion at any time.
  • Maximum Ambassador instances and Ambassador Fees Cap.
    • With respect to any specific Tip, there are a) a maximum total of up to three referral-based Ambassador earnings instances (up to one of either a Direct-To-Ambassador Referral instance or an Indirect-To-Sole-Ambassador Referral instance, and up to two Indirect-To-Multiple-Ambassadors Referral instances, but in no event greater than three total such instances across all categories) that may qualify as an Ambassador Referral and be credited to accounts of Ambassadors; and b) with respect to any single Ambassador, a maximum total of only one such referral-based Ambassador earning instance (among the up-to three possible aforementioned instances) that may qualify as an Ambassador Referral and be credited to the account of that specific Ambassador. Notwithstanding anything to the contrary, the sum total paid-out referral-based Ambassador fees across all referral earnings instances (pursuant to the preceding sentence) and across all Ambassador Accounts is capped at a maximum forty percent (40%) of the Net Tip amount from any specific Tip.
    • With respect to any specific Tip, there are a maximum total of up to three recruiting-based Ambassador Recruiting Credit instances (each such instance as paired with one of the up-to-three aforementioned referral instances that may have occurred with respect to any specific Tip, as applicable). Notwithstanding anything to the contrary, the sum total paid-out recruiting-based Ambassador fees across all recruiting earnings instances (pursuant to the preceding sentence) and across all Ambassador Accounts is capped at a maximum twenty percent (20%) of the Net Tip amount from any specific Tip.
    • Notwithstanding anything to the contrary, the sum total paid-out combined referral-based and recruiting-based Ambassador fees across all earnings instances and all Ambassador Accounts is capped at a maximum sixty percent (60%) of the Net Tip amount from any specific Tip.
  • Earnings Examples.
    • Single Ambassador - Example. Here is an example of Direct-to-Ambassador and Indirect-To-Sole-Ambassador earnings instances:

      Ambassador 1 -> Donor 2 (tip) -> Donor 3 (tip) -> Donor 4 (tip)

      In this example, none of the donors in Ambassador 1’s Referral Tree has become an Ambassador, so Ambassador 1 will share in any Net Tip amount given by Donor 2 (Direct-to-Ambassador earnings instance), as well as any Net Tip amount given by Donor 3 and by Donor 4 (each such event an Indirect-To-Sole-Ambassador earnings instance).

    • More Than One Ambassador - Examples. When a donor in the Referral Tree of a user with an Ambassador Account (User A) leaves a Tip, and there is another user with an Ambassador Account (User B) in User A’s Referral Tree, where such other user (User B) is more closely connected to that donor than User A is, in certain situations we may share a portion of that tip with User A as well, which is described as follows.
      Here are examples that include an Indirect-To-Multiple-Ambassadors earnings instance and an Ambassador Recruiting Credit earnings instance:

      Example 1:

      Ambassador 1 >>

      Ambassador 2 ->

      Ambassador 3 ->

      Donor 4 (tip)

      ^^

      Ambassador A

      -> designates a regular referral

      >> designates a referral, also with a valid recruiter connection

      ^^ designates a valid recruiter-only connection, that is not part of this Referral Tree

      In Example 1, Ambassador 1, Ambassador 2 and Ambassador 3 will each share a portion of the Net Tip from Donor 4 if she chooses to leave one because Ambassador 3 is directly connected to Donor 4 and thus shares in her Tip (Direct-to-Ambassador earnings instance), and Ambassadors 1 and 2 are within two connected levels of Ambassador 3 (Indirect-To-Multiple-Ambassadors earning instance).

      Also in Example 1 above, Ambassador 1 was an Ambassador when directly referring Ambassador 2, and Ambassador 1 was also the initial site user who was an Ambassador at the time of a referral to Ambassador 2 (both criteria met as indicated by ">>" in the example above), so as such Ambassador 1 will earn 50% of the amount that Ambassador 2 earned above (this is an Ambassador Recruiting Credit attributable Ambassador 1 based on Ambassador 2’s Indirect-To-Multiple-Ambassadors earning instance).

      However, with respect to Ambassador 3, it was a different user (Ambassador A, not in the Referral Tree of Ambassador 2) other than Ambassador 2 who was an Ambassador when initially directly referring Ambassador 3, so as such Ambassador 2 does NOT qualify for a Ambassador Referral Credit in this example.

      Ambassador A does qualify to earn 50% of the amount that Ambassador 3 earned above (this is an Ambassador Recruiting Credit attributable Ambassador A based on Ambassador 3’s Indirect-To-Multiple-Ambassadors earning instance).

      Example 2: Ambassador 1 >> Ambassador 2 -> Ambassador 3 -> Ambassador 4 -> Donor 5 (tip)

      -> designates a regular referral

      >> designates a referral, also with a valid recruiter connection

      In Example 2, Ambassador 1 will NOT receive any referral share portion of Donor 5’s Net Tip if she chooses to leave one because Ambassador 4 is directly connected to Donor 5 (and thus shares in the Net Tip if she leaves one, as a Direct-to-Ambassador earnings instance), and Ambassador 4 is both in the Referral Tree of Ambassador 1 and is more than 2 connected levels away from Ambassador 1.

      However, Ambassador 1 DOES receive an Ambassador Referral Credit equal to 50% of Ambassador 2's Indirect-to-Multiple Ambassadors earning instance (for the reasons stated in Example 1 above) for this Net Tip.

      Also, in this example, Ambassadors 2 and 3 will share in a portion of the Net Tip from Donor 5 (Indirect-To-Multiple-Ambassadors earning instance) because they are within 2 connected levels of Ambassador 4.

  • Final Formula. Notwithstanding anything to the contrary, TogetheRaise may deviate from the Standard Ambassador Formula to calculate any Ambassador’s Ambassador earnings in its reasonable discretion to account for special circumstances, bonus activities, or other reasons. As such, the final formula that applies to a specific Ambassador Account may not be identical to either the Standard Ambassador Formula and/or (ii) the formula applied to any other user’s Ambassador Account.
  • Valid Earnings. Valid earnings from optional Tips resulting from activity which complies with the rules set forth in this Addendum sourced from your Ambassador Account will be tracked and your portion of such net earnings will be reflected in the Account Balance for your Ambassador Account.
  • Posting Estimated Balances. Generally, qualifying Direct-To-Ambassador Referral, Indirect-To-Sole-Ambassador Referral, Indirect-To-Multiple-Ambassadors Referral and Ambassador Recruiting Credit earnings instance will be credited and an Ambassador’s estimated initial Account Balance will be visible under that user’s Account Profile page within approximately one (1) business day upon our processing of the Tip payment.
  • Final Balance Determination and Adjustments. TogetheRaise makes the final determination, in its sole discretion, as to the validity and approval of any Ambassador Referral, and TogetheRaise may deny approval of a specific Ambassador Referral and/or cancel any previously approved/posted Ambassador Referral at any time. TogetheRaise reserves the right to make adjustments or corrections to your Account Balance at any time, in TogetheRaise’s sole discretion, and for any reason that TogetheRaise deems appropriate with respect to its provision of the Ambassador Program (where such reasons include but are not limited to any material miscalculation, error, omission, fraud, abuse, invalid transaction, cancelled transaction, or other inaccuracy with respect to what may have been previously posted to that Ambassador’s Account Profile, or otherwise communicated to such user).
  • Attributable Referrals. Any specific Ambassador Referral will only be attributed to your Ambassador Account if both
    • The optional Tip that is added on to a donation that is attributable to your Ambassador Account occurs after your Ambassador Account has been opened by you and approved by TogetheRaise; and
    • Your Ambassador Account is in good standing (as determined by TogetheRaise, in its sole discretion) at the time the optional Tip that is added on to a donation is made (including until such time when the Net Tip funds from such Tip are fully cleared and received by TogetheRaise).
  • No Retroactive Application. For the avoidance of doubt, there is no retroactive application or crediting of any referral activity related to your Referral Code either (i) prior to when you are initially approved for an Ambassador Account, and/or (ii) during any period of time where your Ambassador Account is not deemed to be in good standing by TogetheRaise (in its sole discretion).
  • No Sharing On Your Own Tips. For the avoidance of doubt, you may only earn a commission income under the Ambassador Program from the Net Tip amount of an optional Tip added to a donation to a Campaign, by someone other than yourself.
  • No Sharing of Donation Amount. At no time do you or TogetheRaise share in any portion of a base donation amount.
  • Account Balance and Net Tips.
    • “Net Tips” are those valid, earned, non-disputed (by the donating individual or entity) and collected (by TogetheRaise) net revenues attributable solely to optional Tips that may be included by a donor as an add on to a donation - where such net revenue amounts are determined only after deductions are taken off-the-top and subtracted from the gross earnings, whereby these deductions include any and all commissions, fees, bad debts, third-party deductions or fees, payment processing costs, charge-backs, returned Tips, amounts deemed fraudulent by either TogetheRaise or a third-party provider to the Ambassador Program, and/or any other deductions that TogetheRaise deems (in its sole discretion) necessary with respect to the provision of the Ambassador Program.
    • “Account Balance” is an Ambassador’s valid, not-paid-out share of Net Tips solely from qualified earning instances that are attributable to valid Ambassador Referrals from a user’s Ambassador Account; where the Account Balance will be based on a formula selected by TogetheRaise (in its sole discretion), which will be based on a mapping of all Ambassador referrals (both direct and indirect) that are linked to valid Ambassador Referrals and/or Ambassador Recruiting Credit instances, which then distributes portions of only an applicable Net Tip to the various Ambassadors based solely on those qualified earning instance in such mapping (which is to be determined in TogetheRaise’s sole discretion, based on its internal records and logs only). For the avoidance of doubt, after an Ambassador receives a payout of any portion of their Account Balance, such amounts are no longer considered part of the Account Balance for that Ambassador user and such amounts will not be shown as part of the Account Balance.
    • Rounding. All Net Tip amounts are rounded down to the nearest whole penny ($0.01). Additionally, any amounts from any earnings instance on any portions of a Net Tip that are shared with Ambassadors are also each rounded down to the nearest whole penny ($0.01).
    • TogetheRaise Data Only. Your Account Balance will be calculated and based on records generated and/or maintained by TogetheRaise. No other data or statistics will be accepted by TogetheRaise or have any effect with respect to your Account Balance, your Ambassador Account, and/or the Ambassador Program.
    • Binding Determination. TogetheRaise’s final determination of your Account Balance will be final and binding.
  • Payments to Ambassador Program Participants.
    • Payment and Deduction of Payment Processing Fees. As a participant in the Ambassador Program, you may be entitled to be paid an amount that consists of your Account Balance, and in TogetheRaise’s sole discretion, MINUS any payment processing charges related to delivering such payment to you (for example, as charged by PayPal).
    • Approved Payment Mechanism. TogetheRaise in its sole discretion will determine the approved payment mechanism(s) for you to receive payments from your participation in the Ambassador Program. Payment mechanisms may be edited, added, or removed at any time, in TogetheRaise’s sole discretion. Payments will only be made through such approved mechanisms, and only to the extent you have an account in good standing via such a mechanism (as of date of the Ambassador Agreement, PayPal is the approved payment provider).
    • Valid Payment Receipt Account. TogetheRaise reserves the rights to not approve and/or suspend your participation in the Ambassador Program until TogetheRaise can validate that you have valid payment receipt account with a payment mechanism that is approved by TogetheRaise under the Ambassador Program.
    • Payment Timing. Payments to you will be sent by TogetheRaise to the approved payment mechanism to be credited to your payment receipt account. Payments will be initiated by TogetheRaise weekly as of the TogetheRaise weekly close of balance calculations. TogetheRaise will use commercially reasonable efforts to send payments to the payment mechanism within approximately five (5) business days after the date of the payment initiation.
    • Delays. Payments to you may be delayed and/or withheld for various reasons, including but not limited to the extent that TogetheRaise has a delay in processing applicable reports, crediting your Ambassador Account, and/or has yet to receive applicable funds from third-parties.
  • Invalid Activities, Fraud and/or Breach.
    • TogetheRaise reserves the right to exclude from your Account Balance any activity that is deemed invalid by TogetheRaise in its sole discretion, which activity is includes but not limited to deceptive, fraudulent, untruthful, unethical, illegal, or otherwise problematic or outside the intended scope of the Ambassador Program, all of which as determined by TogetheRaise in its sole discretion).
    • TogetheRaise reserves the right to withhold and/or permanently cancel any payment to you if you (or your Ambassador Account) have, directly or indirectly, engaged in activity that is deemed invalid, which activity is includes but not limited to deceptive, fraudulent, untruthful, unethical, illegal, or otherwise problematic or outside the intended scope of the Ambassador Program, all of which as determined by TogetheRaise in its sole discretion).
    • TogethRaise shall not be liable to you or any third party for any payment from the use of Ambassador Program based on any invalid activity:
    • Any breach by you of this Ambassador Agreement may result in forfeiture of some or all of your any Account Balances for the applicable period, notwithstanding any other remedies that TogetheRaise may elect to pursue, and you agree that TogetheRaise may seek any such amounts from you in any manner permitted by law.
  • Taxes. You assume sole responsibility for any taxes owed in relation to your participation in the Ambassador Program, and you agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation.
  • Payment Collections By You. You must collect the payment amount posted to your payment receipt account with the payment company within six (6) months of such payment being made by TogetheRaise. If after such six (6) month period, either you fail to collect your payment and/or payment is not accepted into your account with the payment company (i.e. bounced payments), you acknowledge and agree that the funds represented by such uncollected payment may be cancelled and that (if cancelled) you hereby forfeit such payment amount, waive any claim relating to the dispute of such payment, and disclaim any and all interest in such funds.
  • Closing Ambassador Accounts.
    • By You. You may cancel or terminate your Ambassador Account at any time. Any Account Balance will be paid to you on the next weekly payment cycle.
    • By TogetheRaise. In the event that the Ambassador Program is terminated by TogetheRaise and/or TogetheRaise elects to cancel or otherwise cease your participation in the Ambassador Program, then except in the event of breach by you, TogetheRaise will cease tracking of activity related to your Referral Code and Ambassador Account and (after such cessation of tracking) will make payment of any Account Balance in your Ambassador Account on the next weekly payout, which would be the final payout in your Ambassador Account (or as needed given the circumstances applicable at that time, as decided by TogetheRaise in its sole discretion, make payment within approximately forty-five (45) days after such Ambassador Account has stopped running).
  • Ownership. The Ambassador Program is part of the Services and is owned by TogetheRaise and is protected under both United States and foreign laws. Except as explicitly stated in this Addendum and/or the Terms of Use, all rights in and to the Ambassador Program are reserved by us.
  • Independent Contractor Status. You understand and agree that you and TogetheRaise are independent contractors, and your participation in the Ambassador Program does not create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and TogetheRaise. You further understand and agree that (i) you do not provide any services to TogetheRaise under the Ambassador Program other than the affiliate marketing activities contemplated herein, (ii) you are free to perform the subject activities at your own accord, including having sole control over the time, manner, and means of such as permitted herein, and (iii) you have the right to terminate your relationship with TogetheRaise and close your Ambassador Account at any time in accordance with this Addendum.
  • Currency. All amounts displayed, calculations, and payments related to the Ambassador Program will be in U.S. Dollars only. The payment processor (e.g. PayPal) may convert the final amount paid to you into your local currency (as applicable, at a currency conversion rate determined by the payment processor in its sole discretion), and any fees related to such currency conversion (if any) may be deducted by the payment processor from the payment amount made to you.

5. MODIFYING THIS ADDENDUM

TogetheRaise may make changes to this Addendum from time to time.

In the event that material changes to this Addendum are made by TogetheRaise, we will notify you of such changes, by i) sending an email, ii) posting a notice within the Services portion of our website (such as on your Ambassador Account page, and/or iii) updating the date at the top of this Addendum. The effective date of such modification will be the date specified.

Except as otherwise described in any notice from TogetheRaise to you, any update to this Addendum will be effective immediately, and after such, your continued participation in the Ambassador Program, use of your Ambassador Account and/or the Services will confirm your acceptance of the changes.

If you do not agree to any updates to this Addendum, your only recourse is to cease participation in the Ambassador Program and close your Ambassador Account.

If you have any questions about this Addendum please contact us at: ambassador@togetheraise.com.