These Affiliate Terms and Conditions (“Affiliate Terms”) govern your application for, and participation in, the HailGeeks affiliate program (the “Affiliate Program”).
For purposes of these Affiliate Terms, “HailGeeks,” “we,” “us,” and “our” mean Northern Infinity Group, LLC. “You” and “your” mean the individual or entity applying for, approved for, or participating in the Affiliate Program as an affiliate.
By applying to join, activating, accessing, or participating in the Affiliate Program, you agree to be bound by these Affiliate Terms. If you do not agree, you must not apply for or participate in the Affiliate Program.
These Affiliate Terms are separate from, and in addition to, the Website Terms of Use, the Business Account Terms, and the Paid Services Terms. If you also create a business account, use business-only features, submit a listing, or purchase paid services, those other terms may also apply to you in those roles.
1. Affiliate Program Overview
The Affiliate Program allows approved affiliates to refer eligible businesses to HailGeeks using an assigned affiliate tracking link or other approved tracking method.
Subject to these Affiliate Terms, you may earn a commission when an eligible referred business completes a qualifying purchase of an approved paid directory listing or other commissionable paid service identified by us from time to time.
The Affiliate Program is intended for lawful promotional activity only. Participation in the Affiliate Program does not create any partnership, franchise, agency, employment, fiduciary, joint venture, or similar relationship between you and HailGeeks.
2. Eligibility and Application
To apply for or participate in the Affiliate Program, you represent and warrant that:
- a. you are at least eighteen (18) years old;
- b. you have legal capacity to enter into a binding agreement;
- c. if you are acting on behalf of a company, organization, or other entity, you have authority to bind that entity to these Affiliate Terms;
- d. all information you submit in connection with your application or participation is truthful, accurate, complete, and not misleading;
- e. you will comply with all applicable laws, regulations, platform rules, and these Affiliate Terms; and
- f. you are not applying or participating for any unlawful, fraudulent, misleading, abusive, or unauthorized purpose.
We may approve or reject any affiliate application in our sole discretion. Not every applicant will be accepted into the Affiliate Program.
We may require additional information, verification, tax documentation, examples of promotional methods, or other supporting materials before or after approval.
3. Affiliate Account and Affiliate ID
If your application is approved, we may provide you with an affiliate account, affiliate ID, referral link, promotional code, creative materials, or other tracking tools that we authorize for use in the Affiliate Program.
You are responsible for maintaining the confidentiality of your affiliate account credentials and for all activity that occurs through your affiliate account.
Your affiliate account is personal to you or the approved business entity on whose behalf you registered. You may not sell, assign, pledge, transfer, sublicense, attribute, or otherwise allow any other person or entity to use your affiliate account, affiliate ID, or referral rights without our prior written consent.
You must promptly update your account information if it changes.
4. Commissionable Referrals
A referral is commissionable only if all of the following are true:
- a. the referred customer is a new, eligible business customer referred through your valid affiliate tracking method or other approved attribution method;
- b. the referred customer completes a qualifying purchase of a commissionable paid directory listing or other commissionable paid service identified by us;
- c. the applicable payment is actually received by us and is not reversed, refunded, charged back, disputed, fraudulent, or otherwise uncollectible;
- d. the referral is properly attributed to your affiliate ID under our tracking rules; and
- e. the referral otherwise complies with these Affiliate Terms.
Unless we expressly state otherwise in writing or in the affiliate portal, commissions are not earned on:
- a. free listings or unpaid accounts;
- b. your own purchases, your own business accounts, or accounts controlled by you or your affiliates;
- c. purchases made using your own affiliate link for yourself or your business;
- d. fraudulent, invalid, duplicated, canceled, refunded, reversed, or charged-back transactions;
- e. taxes, payment-processing fees, chargebacks, credits, discounts, promotional credits, or similar non-revenue amounts;
- f. setup fees, custom services, add-ons, non-commissionable one-time fees, or other excluded charges, unless we expressly designate them as commissionable; or
- g. any referral that violates these Affiliate Terms or applicable law.
5. Tracking, Attribution, and Cookies
We may use cookies, referral links, affiliate IDs, platform logs, internal attribution records, or other tracking methods to determine whether a referral is attributed to you.
Unless otherwise stated in the affiliate portal or applicable program materials:
- a. the affiliate cookie window is 90 days from the date of the prospect’s first valid tracked visit;
- b. if multiple valid affiliate cookies or affiliate tracking methods apply, attribution will be determined by the most recent valid affiliate click; and
- c. we have sole and final discretion to determine attribution where tracking conflicts, fraud, technical issues, duplicate referrals, self-referrals, affiliate hopping, or other irregularities exist.
You acknowledge that tracking depends on technical systems, cookies, browser settings, device usage, user behavior, privacy settings, and other variables. We do not guarantee that all referrals will be tracked or attributed perfectly in all cases.
6. Commission Rates, Payout Timing, and Thresholds
The applicable commission rate, commission basis, payout delay, payout threshold, payout method, and any special program tiers will be stated in the affiliate portal, applicable offer materials, or other written program documentation made available by us.
Unless otherwise expressly stated by us in writing, the default affiliate program settings are:
- a. Commission Rate: 20% of Qualifying Net Revenue actually received by us from the commissionable paid directory listing or other commissionable paid service;
- b. Commission Type: recurring while the referred paid directory listing remains active and paying;
- c. Payout Hold Period: 45 days after receipt of payment by us, to allow for fraud review, cancellations, refunds, and chargebacks;
- d. Minimum Withdrawal Threshold: $100 USD; and
- e. Payout Method: PayPal.
For purposes of these Affiliate Terms, “Qualifying Net Revenue” means the actual amount received by us for a commissionable paid directory listing or other commissionable paid service, after deduction or exclusion of sales taxes, payment-processing fees, credits, refunds, chargebacks, reversals, promotional discounts, and any setup fees, add-ons, custom services, non-commissionable one-time fees, or other excluded amounts unless we expressly designate them as commissionable in writing.
If a referred customer later receives a refund, reversal, credit, cancellation, or chargeback, or if we later determine that the referral was invalid or non-commissionable, the related commission may be denied, reversed, withheld, or deducted from future commissions.
We may withhold payouts pending fraud review, compliance review, missing tax forms, payout setup issues, or other reasonable verification needs.
7. Taxes and Payment Documentation
You are solely responsible for all taxes, filings, duties, levies, and reporting obligations arising from your participation in the Affiliate Program and your receipt of commissions.
Before receiving payout, you may be required to provide a completed and valid W-9, W-8BEN, W-8BEN-E, or other tax or payout documentation requested by us or our payment provider.
If you fail to provide required tax or payout documentation within the time we request, we may withhold, delay, deny, or forfeit commissions to the extent permitted by law.
8. Payment Processing and Payout Providers
Affiliate payouts may be processed by us directly or through one or more third-party payout providers or payment platforms.
Your use of any such payout provider may also be subject to that provider’s terms, conditions, fees, verification procedures, privacy practices, and country availability.
We are not responsible for payment delays, failures, or losses caused solely by your failure to provide correct payout information or by the acts or omissions of a third-party payout provider beyond our reasonable control.
9. Promotional Methods and General Compliance
You may promote HailGeeks only in lawful, honest, and non-misleading ways.
You are solely responsible for your promotional activities and for ensuring compliance with all applicable laws and platform rules, including laws relating to endorsements, testimonials, commercial email, privacy, data protection, intellectual property, unfair competition, and advertising disclosures.
Without limitation, you agree that you will not:
- a. make false, deceptive, misleading, or unsubstantiated statements about HailGeeks, its services, pricing, users, results, listings, maps, data, or business opportunities;
- b. imply that you are HailGeeks, work for HailGeeks, are officially endorsed by HailGeeks, or are acting on HailGeeks’ behalf unless we expressly authorize that in writing;
- c. advertise or promote HailGeeks through unlawful spam, unsolicited bulk communications, deceptive direct messages, or other abusive outreach methods;
- d. promote HailGeeks by text messaging, robocalls, or telemarketing in violation of applicable law;
- e. use deceptive reviews, fake testimonials, false scarcity, fake countdowns, fake business identities, or fabricated case studies;
- f. offer unauthorized cash rebates, coupon stacking, cashback, incentives, kickbacks, or similar monetary inducements unless expressly approved by us in writing;
- g. use any method that causes confusion about whether a listing is organic, sponsored, independent, or affiliated; or
- h. engage in any illegal, abusive, harmful, discriminatory, defamatory, or fraudulent conduct in connection with the Affiliate Program.
10. Required Affiliate Disclosures
If you endorse, review, compare, recommend, rank, or otherwise promote HailGeeks or any HailGeeks service, you must make a clear and conspicuous disclosure of your affiliate relationship wherever required by law.
Your disclosure must be placed so that an ordinary reader, viewer, or listener can notice it before or when they encounter the endorsement or affiliate link.
Acceptable example disclosure language includes:
Disclosure: I may receive compensation from HailGeeks if a business signs up through my affiliate link.
Or:
Disclosure: I am an independent HailGeeks affiliate and may earn commissions on qualifying referrals.
You are responsible for tailoring your disclosure format and placement to the medium used, including websites, blog posts, emails, videos, social posts, newsletters, and similar content.
11. Email, Social Media, and Advertising Rules
If you use email, you must comply with CAN-SPAM and similar laws.
If you use social media, video, or similar channels, you must:
- a. clearly disclose your affiliate relationship in the post, caption, video, or description as required by law;
- b. comply with the rules of the applicable platform; and
- c. avoid misleading or hidden disclosures.
If you use paid search, display ads, or similar advertising, you may not:
- a. bid on, purchase, or otherwise target our branded trademarks, domain names, or confusingly similar misspellings as keywords without our prior written consent;
- b. use our trademarks in ad copy in a misleading way;
- c. direct link from paid ads to our website if we prohibit that in the affiliate portal or brand guidelines; or
- d. use ads that imitate our official ads, websites, branding, or identity in a misleading way.
12. Trademark and Brand Restrictions
We may make certain logos, banners, marks, names, or creative materials available to approved affiliates for limited promotional use.
Unless we expressly authorize otherwise in writing:
- a. you may use our approved affiliate materials only for participation in the Affiliate Program;
- b. you may not modify our logos, trademarks, or other brand materials in a misleading way;
- c. you may not register, use, or attempt to acquire any domain name, social media handle, trade name, trademark, or business identity that includes “HailGeeks” or any confusingly similar variation; and
- d. you may not present your website, account, profile, or promotional materials in a way that reasonably suggests they are an official HailGeeks property.
All rights in our trademarks, logos, branding, content, and other intellectual property remain ours or our licensors’ property.
13. No Self-Referrals; No Fraud; No Multiple Accounts Abuse
You may not refer yourself, your own business, accounts you own or control, or any account opened for the primary purpose of generating affiliate commissions.
You may not create multiple affiliate accounts, fake businesses, straw accounts, or circular transactions to generate commissions.
You may not engage in cookie stuffing, forced clicks, fake leads, fake signups, bot traffic, fraudulent transactions, chargeback schemes, affiliate hopping, attribution manipulation, or any other method intended to generate commissions improperly.
We may reverse, deny, withhold, or forfeit commissions and suspend or terminate your affiliate account if we determine, in our sole discretion, that a referral or commission was fraudulent, abusive, invalid, or otherwise in violation of these Affiliate Terms.
14. Program Changes
We may modify, suspend, or discontinue any part of the Affiliate Program at any time, including commission rates, cookie duration, attribution rules, commissionable products, payout schedules, thresholds, approved promotional methods, or program eligibility.
Unless we expressly state otherwise, such changes will apply prospectively to future referrals, future commissions, or future program participation after the effective date of the change.
Your continued participation in the Affiliate Program after updated Affiliate Terms or program rules become effective constitutes your acceptance of those changes.
15. Term and Termination
Your participation in the Affiliate Program begins when we approve your affiliate application or otherwise activate your affiliate account.
Either party may terminate your participation in the Affiliate Program at any time, with or without cause, by providing notice to the other party, unless these Affiliate Terms provide for immediate termination.
We may suspend or terminate your affiliate account, with or without notice, if:
- a. you violate these Affiliate Terms or any other applicable HailGeeks terms;
- b. you engage in misleading, abusive, fraudulent, unlawful, or prohibited promotional conduct;
- c. we believe your activity creates legal, reputational, financial, compliance, or fraud risk;
- d. your account information is inaccurate, incomplete, or misleading;
- e. required tax or payout information is not provided; or
- f. we discontinue the Affiliate Program.
If your affiliate account is terminated for cause or due to a violation of these Affiliate Terms, we may withhold, reverse, or forfeit unpaid commissions to the extent permitted by law.
16. Independent Contractor Relationship
You are an independent contractor and not our employee, agent, franchisee, business opportunity participant, joint venturer, or partner.
You have no authority to make or accept any offer, representation, warranty, contract, or obligation on our behalf.
17. No Warranty
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AFFILIATE PROGRAM, AFFILIATE PORTAL, TRACKING SYSTEMS, REPORTS, CREATIVE MATERIALS, AND ALL RELATED TOOLS AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, RELIABILITY, QUIET ENJOYMENT, OR SYSTEM INTEGRATION.
WE DO NOT WARRANT THAT TRACKING WILL BE ERROR-FREE, THAT COMMISSIONS WILL ALWAYS BE CORRECTLY ATTRIBUTED, OR THAT THE AFFILIATE PROGRAM WILL BE UNINTERRUPTED OR AVAILABLE AT ALL TIMES.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAILGEEKS AND ITS AFFILIATES, OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR EXPECTED COMMISSIONS, ARISING OUT OF OR RELATING TO THE AFFILIATE PROGRAM OR THESE AFFILIATE TERMS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE AFFILIATE PROGRAM OR THESE AFFILIATE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THESE AFFILIATE TERMS DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US $100.00).
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
19. Indemnification
You agree to defend, indemnify, and hold harmless HailGeeks and its affiliates, owners, members, managers, officers, employees, agents, contractors, licensors, and service providers from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or relating to:
- a. your participation in the Affiliate Program;
- b. your promotional activities;
- c. your violation of these Affiliate Terms;
- d. your violation of any law, regulation, platform rule, or third-party right; or
- e. any claim that your content, website, advertising, or promotional activity is misleading, unlawful, infringing, or otherwise improper.
20. Governing Law; Dispute Resolution
These Affiliate Terms and any dispute arising out of or relating to the Affiliate Program or these Affiliate Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to conflict-of-law principles, except to the extent superseded by applicable federal law.
Before filing any formal claim, the parties agree to make a good-faith effort to resolve the dispute informally.
Except for claims that may properly be brought in small claims court, any dispute, claim, or controversy arising out of or relating to these Affiliate Terms or the Affiliate Program shall be resolved by binding arbitration in Ramsey County, Minnesota, unless the parties agree otherwise, under applicable arbitration rules in effect at the time the claim is filed.
To the fullest extent permitted by law, disputes shall be resolved only on an individual basis. Class actions, class arbitrations, and representative actions are not permitted. Each party waives any right to a jury trial.
Nothing in this section prevents either party from seeking temporary or preliminary injunctive relief in a court of competent jurisdiction to protect its rights pending arbitration.
21. General Terms
We are not liable for delays, interruptions, failures, payment delays, tracking failures, or degradation of the Affiliate Program resulting from causes beyond our reasonable control, including acts of God, severe weather, natural disasters, governmental action, war, terrorism, labor disputes, utility failures, internet outages, hosting failures, cyberattacks, software failures, vendor failures, epidemics, pandemics, failures of third-party payout providers, or failures of third-party tracking or service providers.
You may not assign, transfer, delegate, sublicense, or otherwise dispose of any of your rights or obligations under these Affiliate Terms without our prior written consent. We may assign or transfer these Affiliate Terms, in whole or in part, without restriction.
Our failure to enforce any provision of these Affiliate Terms will not constitute a waiver of that provision or any other provision.
If any provision of these Affiliate Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.
Any provision that by its nature should survive termination or expiration shall survive, including provisions relating to accrued commissions, reversals, tax obligations, intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, governing law, and survival itself.
These Affiliate Terms, together with any terms expressly incorporated by reference and any affiliate portal terms, program rules, or offer materials expressly made part of the Affiliate Program by us, constitute the entire agreement between you and HailGeeks regarding the Affiliate Program and supersede prior or contemporaneous understandings relating to the same subject matter.
22. Contact
Northern Infinity Group, LLC
2515 White Bear Ave #154
Maplewood, MN 55109
Email: support@hailgeeks.com
IMPORTANT AFFILIATE DISCLOSURE NOTICE:
If you endorse, review, compare, recommend, or otherwise promote HailGeeks, you must clearly and conspicuously disclose that you may earn a commission from qualifying referrals. Your disclosure must be easy to notice and understand and should appear near the endorsement or affiliate link.