Terms and Conditions for Tax990 Referral Program
Eligibility
The Tax990 Referral Program ("Program") is open to businesses and individuals (each a "Partner") who wish to refer clients to Tax990 for IRS e-filing services. By participating in the Program, Partner agrees to the following terms and conditions.
Referral Process
Tax990 will provide Partner with a unique affiliate link (the “Affiliate Link”) to share with potential Tax990 clients. The Affiliate Link tracks clients referred by Partner to the Program.
Compensation
Partner may earn commission (the “Commission”) in the amount defined in the Tax990 Portal (the “Portal”) for any service that is eligible for Commission (an “Eligible Service”) with a transaction that is qualifying (a “Qualifying Transaction”). All Commissions owed to Partner are tracked and calculated using a software tool Tax990 makes available to Partner through the Portal.
Not all Tax990 services are Eligible Services. Partner can access a list of Eligible Services through the Portal (the “Portal”). A Qualifying Transaction occurs when a transaction for an Eligible Service is paid for in full through an Eligible Account (as defined in this paragraph) . An “Eligible Account” is a Tax990 account created by a new client of Tax990 (a “New Client”) who applies for a Tax990 account through Partner’s Affiliate Link. Partner is only eligible for Commissions when New Clients apply for a Tax990 account through Partner’s Affiliate Link
Tax990 will not pay more than one Commission or similar referral fee for any client. A client will not be considered a New Client if:
- Tax990 is currently providing Client with services;
- Tax990 previously provided Client with services; or
- Client was referred to Tax990 by another party.
Tax990 shall only be liable for payment of Commissions to the extent it receives all funds due and owing to it for a Qualifying Transaction. Accordingly, Partner shall not be entitled to any Commission on a Qualified Transaction that is refunded, for which there is a chargeback, or for which Tax990 ultimately does not receive the sales proceeds.
The Portal will show a list of the Partner’s Qualifying Transactions and payment history to Partner. Partner agrees that:
- The data shown in Portal will govern payments to be made, subject to Tax990’ right to correct errors based on its own records; and
- Records and payments will be deemed complete, incontestable, and final, thirty (30) days after the applicable Qualifying Transaction is made.
Tax990 may change its Commission structure at any time by updating the Portal.
Payment Terms
Commissions will be paid monthly, in United States dollars, provided the accumulated balance in Partner’s account meets a minimum payout threshold of one-hundred dollars ($100.00)
Before any payments are made to Partner, Partner must:
- Agree to the terms of this Agreement;
- Complete all steps necessary to create an account in the Portal according to Tax990’ instructions; and
- Complete any, and all tax documentation required to process payments to Partner.
Payments will be made via ACH transfer to a United States bank account. Partner is responsible for keeping all payment information updated and complete within the Portal. Tax990 is not required to reissue payments returned due to the incorrect information provided by Partner.
Chargebacks, Offset, and Withholding
Tax990 has the right to charge back Partner’s account or otherwise adjust for any previously paid Commissions that ultimately are not Commissionable under this Agreement. Tax990 has the right to charge back Partner’s account if a Qualifying Transaction is charged back, refunded for any reason, or otherwise challenged after the Commission has been paid to Partner.
Tax990 has the right to offset any Commissions due and payable to Partner for any amounts Partner owes to Tax990, including but not limited to chargebacks on Qualifying Transactions for which Partner has already received a Commission.
Tax990 has the right to withhold up to 20% of the Commissions due (“the Withholding”) for a period of ninety (90) days to ensure an ability to offset any chargebacks.
Account Cancellation
Tax990 may, in its sole discretion, terminate or close any Eligible Account for any reason, at any time, without compensation to Partner.
Partner Responsibilities
Partner is responsible for sharing its Affiliate Link in a manner that complies with all applicable laws, regulations, and advertising standards, including but not limited to all Federal Trade Commission advertisement endorsement guidelines. Partner must comply with the rules of any platform on which they promote or post about Tax990, including all disclosure requirements.
Partner may not engage in spam, misleading marketing, or unauthorized use of the Tax990 brand or logo. Partner will not make any factual statements about Tax990 or its services that are untrue or cannot be verified as true.
During the term of this agreement, Partner may not engage in any marketing or promotional activities for any other IRS e-file provider that competes with Tax990.
Partner will only use intellectual property which it has authority to use. Partner will not use the intellectual property of any third-party without both the third-party's authorization and the authorization of Tax990 that they would want that intellectual property used in association with its brand. Partner must respect the legal and privacy rights of others and will not include any person or their personal information in promoting Tax990 without the approval and requisite consent forms of both that individual and Tax990.
Partner must adhere to the Tax990 Brand Guidelines, as posted in the Portal from time to time, and only use the Tax990 logo in the form made available in the Portal for all promotional materials.
Program Modifications
Tax990 reserves the right to modify or terminate this Agreement at any time, with reasonable notice provided to Partner. Changes will be posted in the Portal and will not affect Commissions earned prior to the effective date of the modification.
Nondisparagement
It shall be a material breach of this Agreement if, at any time during the term or thereafter, Partner makes any disparaging, false, misleading, or otherwise defamatory comment(s) about SPAN Enterprises, LLC and/or its employees, agents, directors, officers, affiliates, products, and/or services.
Term and Termination
This agreement becomes effective on the date Partner signs or accepts these terms and will continue for one (1) year. At the end of each term, Partner may renew this Agreement for another year by opting to renew in the Portal. Either Party may terminate this Agreement, at any time and for any reason, effective immediately upon written notice to the other Party.
After termination of this agreement, Partner will receive Commissions owed for any Qualifying Transactions that were completed before the date of termination. Upon termination of the agreement, Partner’s Affiliate Link will be deactivated. Partner will not receive a Commission for any transaction completed after the agreement is terminated or expires.
Limitation of Liability
Tax990 Is Not Responsible For Any Indirect, Incidental, Or Consequential Damages Arising From Participation In The Program. If, Notwithstanding The Other Terms Of This Agreement, Tax990 Is Determined To Have Any Liability To Partner Or Any Third Party, The Parties Agree That Tax990’ Aggregate Liability Will Be Limited To The Total Commission Amounts Partner Has Actually Earned For The Qualifying Transactions In The Twelve-Month Period Preceding The Event Giving Rise To A Claim.
Indemnification
Partner agrees to indemnify, defend, and hold harmless Tax990 and Tax990’ affiliates and subsidiaries, and their respective employees, officers, directors, agents, and assignees against and from any and all claims, liabilities, damages, judgments, penalties, losses, and costs, including reasonable attorney's fees and costs, arising out of, or relating to, or in connection with any material breach by Partner or Partner’s representatives of any warranty, covenant, or obligation of Partner under this Agreement. The obligations set forth in this Section 12 shall survive the expiration or termination of this Agreement.
Governing Law and Venue
These terms and conditions are governed by the laws of South Carolina. Any legal suit, action, or proceeding arising out of, or related to this Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of South Carolina, in each case located in the City of Rock Hill and County of York. Partner waives any, and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Independent Contractor Status
Partner is an independent contractor, and nothing in this agreement shall be construed to create or imply an employment or agency relationship or a partnership or joint venture between Tax990 and Partner. Partner does not have authority to bind Tax990 to any contract or obligation or to make any statements, representations, warranties, or commitments on behalf of Tax990.
Assignment
Partner may not assign this agreement, or any part thereof, to a third party without the prior written consent of Tax990.
Entire Agreement
This Agreement constitutes the entire understanding between Partner and Tax990 regarding the subject matter hereto and cannot be altered or modified except by an agreement in writing signed by both Parties. This Agreement supersedes all prior negotiations, understandings, and agreements, whether oral or written, regarding the subject matter hereto, and such prior agreements shall thereupon be null and void and without further legal effect.
By participating in the Tax990 Referral Program, you acknowledge that you have read, understood, and agreed to these terms and conditions.