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Affiliate Program Terms and Conditions

Thank you for considering the RentalCover Affiliate Program (the “Program”). We will evaluate your inquiry, and if approved, you will be eligible to participate in the Program on the terms and conditions below (collectively, this “Agreement”). Participation in the Program and any rights and licenses granted under this Agreement are expressly conditioned on and subject to agreement by Partner (defined below) of all the terms and conditions contained in this Agreement.This Agreement is between RentalCover and/or its subsidiaries and affiliates (collectively, the “Brand,” “we,” or “us”) and the individual or entity participating in the Program and/or any individual, agent, employee, representative, network, parent, subsidiary, affiliate, successor, related entity, or other individuals or entities acting on its behalf, at its direction, under its control (collectively, “you” or “Affiliate”). Brand operates the Program through the Rakuten platform (the “Platform”).By clicking “I AGREE,” checking a related box to signify your acceptance, using any other acceptance protocol presented through the Platform or otherwise affirmatively accepting this Agreement, you hereby represent and warrant that (A) you are at least 18 years of age, (B) you are duly authorized to enter into and bind Affiliate to this agreement, and (C) you have read, accepted, and agreed on behalf of Affiliate to bind Affiliate to this Agreement.If you disagree with this Agreement or any of its terms and conditions, your sole remedy is to discontinue participation in the Program. We reserve the right to revise or remove any part of this Agreement at our sole discretion at any time. We may provide notice to you by updating these terms online. Affiliate’s continued participation in the Program constitutes Affiliate’s acceptance of any modification.

AFFILIATE PROGRAM TERMS AND CONDITIONSAffiliate

Links. After acceptance into the Program, Affiliate may be given access to one or more Links (defined below) that Affiliate may display on the Affiliate Website (as defined below) or embedded into Affiliate Materials (as defined below). Affiliate may not allow any third party to display, embed, or otherwise use any Link without Brand’s prior written authorization. In any case, Affiliate is responsible for the use of all Links and must ensure any such use complies with this Agreement.

  • “Brand Website” means the domains and URLs owned and operated by the Brand.
  • “Link” means a unique link or other code or functionality provided by or on behalf of Brand to Affiliate to be displayed on an Affiliate Website or embedded into Affiliate Materials.
  • “Affiliate Materials” means promotional materials, storefront, ads, or other content used by Affiliate to direct traffic to the Brand Website.
  • “Affiliate Website” means the domain(s), URL(s), or mobile application(s) owned and operated by Affiliate.

Affiliate Obligations.

Affiliate must:

  • Ensure the Affiliate Materials and the Affiliate Website and any other websites, applications, or materials that display, embed, or otherwise use a Link do not include any content that:
    • is unlawful, defamatory, obscene, offensive, abusive, harassing, threatening, harmful, discriminatory, vulgar, or pornographic;
    • is inappropriate with respect to race, gender, sexuality, ethnicity, other intrinsic characteristic, or otherwise as determined in Brand’s sole discretion;
    • promotes violence, illegal activities, any form of hate speech, or discrimination based on race, sex, gender, religion, nationality, ethnic origin, disability, sexual orientation, age, or other protected status;
    • invades any third party’s privacy or publicity rights;
    • infringes any third party’s intellectual property rights;
    • is false or misleading;
    • is a promotional website posing as a non-promotional unbiased source of information (e.g., a “fake blog” “flog” or “flack blog”);
    • is a review site purporting to provide unbiased, neutral, or objective reviews but actually accepts incentives in exchange for better rankings, recommendations, or reviews;
    • appears to be unbiased journalism when it is in fact part of a marketing campaign;
    • makes any recommendation or expresses any opinion about or otherwise discusses the trading of Brand’s stock;
    • contains software downloads that could enable diversions of payments from other affiliates in the Program;
    • resembles any Brand Website or could lead a user to believe it is owned or operated by Brand;
    • doesn’t have legally required or otherwise appropriate disclosures presented clearly and conspicuously;
    • is directed at users under age 13;
    • states or implies it has been endorsed by a medical professional;
    • endorses Brand unless we have given our prior written approval for such endorsed content; and/or
    • contains viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware, or any other similar software or programs that may damage the operation of another’s computer or property.
  • Comply with all applicable laws, rules, regulations, and guidelines, including but not limited to privacy laws, all rules and guidelines of the Federal Trade Commission (the “FTC”), the Telephone Consumer Protection Act, the CAN-SPAM Act, and any state or relevant non-US international law equivalent of any of the foregoing, depending on whether Affiliate operates (collectively, “Applicable Laws”).
  • Cooperate with Brand to ensure compliance with Applicable Laws, including with respect to any opt-out and/or suppression lists provided by Brand.
  • Comply with all branding and content guidelines provided by Brand.
  • Use any content provided by Brand only as instructed by Brand and with no modifications.
  • Comply with Brand’s Trademark Policy described below.
  • Immediately upon the request of Brand remove and stop using any content related to Brand, including any Links and the Brand Trademarks.

Affiliate must not:

  • Make any statements that may be construed as endorsing or recommending a specific insurance or protection policy or otherwise provide individualized advice.
  • Collect, process, disclose, or otherwise use any individual’s personal information in any way that violates Applicable Laws.
  • Create a false identity or duplicative accounts for the purpose of misleading or impersonating any person or entity.
  • Offer any warranty, guarantee, or representation relating to Brand’s products or services, including as to the efficacy and safety of any products available through the Brand Website, without Brand’s prior written approval.
  • Use, display, or offer to users any coupons, discount, or promotional codes unless such coupon, discount, or code has been provided to Affiliate by Brand for Affiliates’ use through the Program.
  • Use links in Affiliate search ads that automatically redirect the user to the Brand Website.
  • Use any Brand domains for any display or destination URL listings used in paid search campaigns or clock or mask the Brand website URL in search engines.
  • Engage in or allow fraudulent clicks.
  • Operate any parked domains or banner farms.
  • Transmit through the Program or otherwise expose Brand to any virus, bug, Trojan horse, malware, disabling device, or other harmful code.
  • Serve ad creative or drive traffic to ad creative using any downloadable applications or software (e.g., adware, pop-up/pop-under technologies, plug-ins) or serve ad creative that is not initiated by the affirmative action of the user.

If Affiliate violates any of the above obligations, without limiting Brand’s rights to any other legal and equitable remedies, Brand may withhold payment, immediately terminate Affiliate’s participation in the Program, and/or invoice Affiliate for previous paid Fees (as defined below).

Trademark Policy. Brand has invested significant time and resources to developing our brands and through these efforts has developed a substantial reputation and goodwill in and to our family of trademarks throughout the United States and other jurisdictions worldwide (collectively, the “Brand Trademarks”), including but not limited to the registered and unregistered trademarks embodying our RentalCover and RentalCover.com branding. As such, Affiliate may not use the Brand Trademarks except as expressly authorized in writing by Brand. Without limiting the generality of the foregoing, Affiliate must comply with the following regarding the Brand Trademarks:

1. Protected SEM Bidding Keywords. Affiliate must not bid on any RentalCover specific keywords in any search engine auction.

2. Negative Keywords. Affiliate must employ “negative keywords” directing the search engine not to display any Affiliate advertisement in response to a search that includes any of the Protected SEM Bidding Keywords.

3. Prohibited SEM Display URL Content. Affiliate must not use any Brand Trademark, or any misspelling or close variation of any Brand Trademark, in the SEM Display URL in any combination in the top-level domain name.

4. Prohibited Website Domain Keywords: Affiliate may not own or operate any website containing any Brand Trademark, or any misspelling or close variation of any Brand Trademark, in the top-level domain.

Payments. Subject to Affiliate’s compliance with this Agreement, Affiliate will be entitled to payments in accordance with the Brand fee schedule and amounts available on the Platform or via a Separate Agreement (as defined below), which may be changed at any time with or without notice, or as otherwise agreed on in writing between Affiliate and Brand (such payments collectively, “Fees”). Notwithstanding anything to the contrary in the foregoing or on the Platform, Brand reserves the right to adjust any Fees payable to Affiliate for any reason at its discretion, including, but not limited to, adjusting for cancellations, fraud, and claim amounts without additional notice to Affiliate. Unless otherwise agreed on in writing by Affiliate and Brand, payment of Fees to Affiliate will be made through the Platform in accordance with the Platform’s terms and conditions, which may include certain minimum thresholds to issue a Fee payment. Brand will determine the Fees owed to Affiliate based on Brand’s own records and accounting. Brand may withhold or adjust Fees that Brand reasonably determines were unearned, including as a result of fraudulent activity or any other non-compliance with this Agreement.

License. Subject to Affiliate’s compliance with this Agreement, Brand grants Affiliate a limited, revocable, non-exclusive, non-sublicensable, non-transferable, non-assignable license during the Term (defined below) to (a) display or embed the Link on the Affiliate Website and/or the Affiliate Materials and (b) use the Brand Trademarks as specified by Brand, in each case of clauses (a) and (b) for the sole purpose of promoting Brand’s products and services as a part of the Program in accordance with this Agreement. At the end of the Term without any action required by Brand, or during the Term upon Brand’s request, Affiliate shall immediately remove any Links and the Brand Trademarks from the Affiliate Website and Affiliate Materials and cease all further use of the Links and Brand Trademarks.

Ownership. Affiliate acknowledges and agrees that: (a) Brand owns all right, title, and interest in and to the Brand Trademarks, solely and exclusively, in perpetuity throughout the universe; (b) nothing herein should be deemed to give Affiliate rights to the Links or the Brand Trademarks or any other Brand intellectual property except as explicitly set forth herein; (c) all data supplied via the Link and all intellectual property rights in such data, and any and all goodwill generated by Affiliate’s activities will accrue to and belong to Brand exclusively; (d) all goodwill associated with the Brand Trademarks will inure solely to the benefit of Brand; (e) any comments or other feedback that Affiliate provides to Brand regarding the Brand Websites, products, or services is the sole exclusive property of Brand; and (f) Affiliate may not use any other Brand intellectual property without Brand prior written authorization.

Term and Termination. This Agreement is effective upon Affiliate’s acceptance into the Program and continues until Affiliate’s participation in the Program is terminated (the “Term”). Brand may terminate Affiliate’s participation in the Program at any time with notice to Affiliate. Affiliate may terminate Affiliate’s participation in the Program upon written notice to Brand in accordance with the notice provision below. Upon termination, Affiliate will: (a) immediately cease all further use of all Brand Trademarks; and (b) unless Affiliate’s participation in the Program was terminated due to Affiliate’s non-compliance with this Agreement, be entitled to Fees earned by Affiliate up to the termination date. Provisions in this Agreement related to intellectual property ownership, indemnification, limitation of liability, and confidentiality, and any other provision that by its nature is intended to survive termination, will survive termination of this Agreement.

Representations and Warranties. Affiliate represents and warrants that: (a) Affiliate operates Affiliate’s business, including the performance of all activities in connection with this Agreement, ethnically and in compliance with all Applicable Laws; (b) Affiliate will make diligent efforts to favorably promote Brand’s products and services, all in accordance with the terms and conditions of this Agreement; (c) Affiliate will not use the Brand Trademarks except as expressly authorized in writing by Brand; (d) Affiliate has all rights necessary to enter into and to perform Affiliate’s obligations under this Agreement, and Affiliate’s activities in connection with this Agreement will not violate, misappropriate, or infringe the rights of any third party or conflict with any other agreement to which Affiliate is obligated; (e) all information provided by or on behalf of Affiliate through the Platform is accurate; and (f) Affiliate has never received or been subject to any inquiry, investigation, or negative action from any regulatory authority, including but not limited to a civil investigative demand, subpoena, or untitled or warning letter, or any other letter or censure from a relevant regulatory body (each, a “Regulatory Action”), and Affiliate will immediately notify Brand if Affiliate receives or is subject to any Regulatory Action.

Confidentiality. Affiliate shall not disclose to any third party any information that Affiliate knows, or reasonably should know, Brand considers confidential or proprietary information (“Proprietary Information”), except (i) as required by law or regulation or in order to comply with the order of a court or other governmental body, provided that Affiliate first gives written notice to Brand and takes reasonable and lawful actions to avoid and/or minimize the extent of such disclosure (e.g., by seeking to obtain a protective order) and (ii) Affiliate may disclose Proprietary Information on an as-needed basis to its employees, accountants and legal, financial and marketing advisors, provided that such recipients agree to treat such information as confidential and only use it as needed for Affiliate to exercise its rights and obligations under this Agreement. Upon the end of the Term, Affiliate must immediately cease using all Proprietary Information and destroy all Proprietary Information in its possession.

Publicity. Affiliate must obtain Brand’s prior written consent before publishing or releasing any press release, or other public statement concerning this Agreement or the relationship between the parties.

Indemnification. Affiliate shall indemnify, defend, and hold harmless Brand (and its affiliated entities, and its and their officers, shareholders, directors, employees, representatives, contractors, and agents, and the successors, heirs, and assigns of any of these) from and against any and all losses, liabilities, claims, proceedings, suits, actions, investigations, costs, damages, expenses, judgments, fines, and penalties (including reasonable attorneys’ fees and litigation expenses), and injuries of any kind arising out of or related to Affiliate’s (a) breach of this Agreement, including the representations, warranties, covenants, and/or obligations set forth herein, or (b) fraud, violation of Applicable Law, negligence, or willful misconduct. Brand may control the defense of any claim by any third party, including any governmental entity, for which we are entitled to indemnification, and Affiliate agrees to provide Brand with such cooperation as is reasonably requested.

Acknowledgements. Affiliate acknowledges and agrees that Brand (a) has the right to add, delete, or modify its products and services and prices at any time for any reason and to reject any order; (b) may cooperate with legal authorities and third parties in the investigation of any suspected or alleged crime or civil wrong; and (c) may disclose any information Brand deems necessary to satisfy any Applicable Law, legal process, or government request, in Brand’s sole discretion.

Warranty Disclaimer. Brand provides the Program, including but not limited to the Links and other materials provided and all licenses granted hereunder, on an “as is” basis. Brand, to the fullest extent allowed by law, expressly disclaims all representations and warranties of any kind, either express or implied, statutory or otherwise, with respect to the use of and all components and elements of the program and the Brand Website, and Brand’S products, services, information, content, and other material, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, noninfringement, and all warranties arising out of course of dealing, course of performance, or usage in trade. Additionally, Brand makes no representation and expressly disclaims any warranty that the operation of the Program or the Brand Website will be uninterrupted, error-free, secure, or virus-free, and it will not be liable for the consequences of any interruptions, errors, insecurity, or viruses.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BRAND BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES; (B) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL; OR (C) AMOUNTS IN THE AGGREGATE IN EXCESS OF THE AMOUNT PAID OR PAYABLE HEREUNDER DURING THE PREVIOUS 12 MONTHS, IN EACH CASE EVEN IF BRAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

General Provisions.No Referrals. Brand and Affiliate acknowledge and agree that the Fees are solely to compensate Affiliate for Affiliate’s performance of activities under this Agreement and are not meant to encourage, persuade, prompt, or induce anyone to purchase an insurance product.

Notice. Any notice to Affiliate in connection with this Agreement may be given by email sent to the email address provided by Affiliate to Brand through the Platform or any other email address Affiliate has provided to Brand as a contact for Affiliate. It is Affiliate’s sole responsibility to ensure that the email address provided to Brand remains functional and is checked regularly by Affiliate. Any notice to Brand in connection with this Agreement will be effective only if in writing and sent by email to [email protected] with a copy emailed to [email]. Notice is effective at the time it is sent.

Independent Contractors. This Agreement does not create any partnership, joint venture, employment, or other agency relationship between Brand and Affiliate. It is understood that Affiliate’s status hereunder is that of an independent contractor. Affiliate may not enter into any contract on Brand’s behalf or bind Brand in any way. Affiliate is solely responsible for any taxes incurred in connection with this Agreement, including the withholding and payment of any federal, state, and local taxes derived from Affiliate’s net income and other payroll taxes, workers' compensation, disability benefits or other legal requirements applicable to Affiliate.

Third Party Beneficiaries. Brand and Affiliate agree that, except as expressly set forth in this Agreement, this Agreement does not create or establish any third party beneficiary status rights or their equivalent in any other individual, subcontractor, or other third party, and no individual, subcontractor or other third party shall have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.

Governing Law and Venue. This Agreement will be interpreted in accordance with the laws of the State of California without regard to its conflicts of laws principles. Any claim between the Brand and Affiliate arising out of this Agreement will be venued exclusively in a court of competent jurisdiction in the State of Delaware.

Severability. If any part of this Agreement is held illegal or unenforceable by a court of competent jurisdiction, it will be modified to the minimum extent necessary to make it legal and enforceable.

Assignment and Delegation. Affiliate may not assign, transfer, or delegate any rights, duties or obligations under this Agreement, in whole or in part, to any person or entity without the prior written approval of Brand and any assignment, transfer, or delegation made in violation of the foregoing is null and void. Brand may freely assign this Agreement. This Agreement shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.

Waiver. No waiver of any breach of any term or condition of this Agreement will constitute a waiver of any subsequent breach. A waiver of any of the terms of this Agreement must be in writing signed by the party against whom enforcement is sought. A failure or delay by a party to enforce any right under this Agreement is not a continuing waiver of such right.

Entire Agreement. This Agreement and any other agreements that Brand and Affiliate execute related to the Program (any such other agreement, a “Supplemental Agreement”) contain the entire agreement and understanding between Brand and Affiliate and supersede all prior written and oral understandings and negotiations relating to the subject matter hereof, including any prior versions of this Agreement. If there is a conflict between any provision of this Agreement and any Supplemental Agreement, this Agreement will govern and control unless the Supplemental Agreement expressly states that such conflicting provision in the Supplemental Agreement governs and controls.

Interpretation. All headings are for convenience only and should not be used for interpreting this Agreement. All references to “including” in this Agreement mean “including without limitation”. Defined terms apply equally to the singular, plural, and possessive forms of the terms defined. Any reference to this Agreement means this Agreement as it may be amended, supplemented, or otherwise modified from time to time. The word “hereunder” means this Agreement in its entirety and not any particular provision of this Agreement.