Affiliate Program Agreement
Last updated: January 10, 2025
This Affiliate Program Agreement (“Agreement”) is entered into between TELAIR.NET LTD. (“Company,” “we,” “us,” or “our”) and the affiliate partner (“Affiliate,” “you,” or “your”).
1. Program Overview
Section titled “1. Program Overview”The TELAIR Affiliate Program (“Program”) provides qualified partners the opportunity to earn commissions by referring new customers to TELAIR’s communication and collaboration solutions. Participation in the Program is subject to approval and compliance with these terms.
2. Affiliate Eligibility
Section titled “2. Affiliate Eligibility”2.1 Qualification Requirements
Section titled “2.1 Qualification Requirements”To qualify as an Eligible Affiliate, you must:
- Be at least 18 years of age
- Be a Canadian citizen or business entity operating in Canada
- Maintain good standing with all existing TELAIR accounts (if applicable)
- Not be a current TELAIR employee or immediate family member of an employee
- Not have been previously terminated from the Program
2.2 Restrictions
Section titled “2.2 Restrictions”The following entities are ineligible for the Program:
- Reseller or wholesale customers with existing special pricing agreements
- Entities that have previously violated Program terms
- Competitors or entities representing competing products
- TELAIR Partner Program participants
3. Customer Eligibility
Section titled “3. Customer Eligibility”3.1 Qualified Referrals
Section titled “3.1 Qualified Referrals”An “Eligible New Customer” must meet the following criteria:
Requirement | Description |
---|---|
New to TELAIR | Has never been a TELAIR customer |
Not in Pipeline | Not already registered as a lead in our system |
Minimum Purchase | Subscribes to qualifying services (minimum $18/user/month) |
Account Standing | Maintains active account in good standing for 90+ days |
Payment Current | Completes three consecutive months of full payment |
3.2 Excluded Referrals
Section titled “3.2 Excluded Referrals”The following referrals are not eligible for commissions:
- Self-referrals or referrals of your own business entities
- Immediate family members within the same household
- Existing or former TELAIR customers
- Referrals already attributed to another affiliate
4. Commission Structure
Section titled “4. Commission Structure”4.1 Commission Rates
Section titled “4.1 Commission Rates”Commissions are calculated based on the number of active eligible seats after the 90-day qualification period:
Number of Seats | Commission Amount |
---|---|
1 | $60 |
5 | $300 |
10 | $600 |
50 | $3,000 |
100 | $6,000 |
Note: Commission is $60 per eligible seat paid out after 90 days of eligibility criteria being met.
4.2 Payment Terms
Section titled “4.2 Payment Terms”- Commissions are paid within 90 days after customer eligibility is confirmed
- Payments are made via PayPal transfer in Canadian dollars
- Commissions may be offset against any outstanding balances (for existing customers)
4.3 Tax Obligations
Section titled “4.3 Tax Obligations”- Affiliates are responsible for all applicable taxes on commission income
- Affiliates earning over $30,000 must provide HST number
- Invoice will be generated for tax reporting purposes upon reward withdrawal/transfer
5. Referral Process
Section titled “5. Referral Process”5.1 Registration
Section titled “5.1 Registration”- Complete the Affiliate Program application at /forms/affiliate
- Await approval (typically 2-3 business days)
- Access your unique affiliate tracking link and resources
5.2 Making Referrals
Section titled “5.2 Making Referrals”Approved affiliates may generate referrals through:
- Direct Submission: Submit referral information through the referral form
- Tracking Links: Share your unique affiliate link via approved channels
- Digital Banners: Display approved banner graphics on your website
5.3 Referral Attribution
Section titled “5.3 Referral Attribution”- First-touch attribution applies when multiple affiliates refer the same customer
- Referrals remain active for 2 years from submission date
- Expired referrals are not eligible for commission
6. Marketing Guidelines
Section titled “6. Marketing Guidelines”6.1 Approved Channels
Section titled “6.1 Approved Channels”Affiliates may promote TELAIR through:
- Personal websites and blogs
- Social media profiles (with proper disclosure)
- Email to existing contacts (no spam)
- In-person networking and events
6.2 Required Disclosures
Section titled “6.2 Required Disclosures”All promotional materials must:
- Clearly state your participation in the TELAIR Affiliate Program
- Include disclosure that you are eligible to receive rewards
- Be created in a personal manner appropriate for business communications
6.3 Prohibited Practices
Section titled “6.3 Prohibited Practices”The following activities are strictly prohibited:
Practice | Description |
---|---|
Spam | Mass emails or unsolicited commercial messages |
Misleading Claims | Claims beyond official TELAIR documentation |
Brand Misuse | Unauthorized use of TELAIR trademarks |
Multiple Referrals | Referring same contact more than once per year |
Automated Marketing | Using bots or automated systems without consent |
7. Additional Benefits
Section titled “7. Additional Benefits”7.1 Performance Rewards
Section titled “7.1 Performance Rewards”For Managed Service Providers (MSPs) and high-performing affiliates:
- Complimentary PBX with up to 10 user licenses on Enterprise Plus subscription
- Available after referring first 100 user licenses
- Requires minimum 5 user licenses referred monthly
- Subject to annual performance review
7.2 Qualification Requirements
Section titled “7.2 Qualification Requirements”To maintain complimentary services:
- Meet minimum monthly referral requirements
- Maintain good standing
- Pass annual evaluation
- Non-qualifying affiliates transition to paid accounts
8. Intellectual Property
Section titled “8. Intellectual Property”8.1 License Grant
Section titled “8.1 License Grant”We grant you a limited, non-exclusive, revocable license to use TELAIR trademarks and marketing materials solely for Program participation.
8.2 Usage Requirements
Section titled “8.2 Usage Requirements”- Use only current, approved marketing materials
- Submit custom materials for approval before use
- Maintain reasonable standards of good taste
- Remove all TELAIR materials upon termination
- 30-day notice for revocation (immediate for violations)
9. Compliance and Monitoring
Section titled “9. Compliance and Monitoring”9.1 Program Compliance
Section titled “9.1 Program Compliance”We reserve the right to:
- Monitor affiliate promotional activities
- Validate affiliate eligibility status
- Audit referral quality and legitimacy
- Adjust or reverse commissions for invalid referrals
- Make final decisions on all Program aspects
9.2 Violations
Section titled “9.2 Violations”Program abuse, fraud, or detrimental conduct may result in:
- Warning and opportunity to correct
- Commission forfeiture
- Immediate Program termination
- Legal action for serious violations
10. Data Protection
Section titled “10. Data Protection”10.1 Privacy Compliance
Section titled “10.1 Privacy Compliance”When participating in the Program:
- Obtain permission before sharing contact information
- Comply with applicable privacy laws including CAN-SPAM
- Protect referral data appropriately
- Follow TELAIR Privacy Policy
10.2 Personal Information
Section titled “10.2 Personal Information”Your personal information will be:
- Used only for Program administration
- Protected according to our Privacy Policy
- Not sold to third parties
- Handled in compliance with applicable laws
11. Warranties and Disclaimers
Section titled “11. Warranties and Disclaimers”11.1 No Warranties
Section titled “11.1 No Warranties”THE PROGRAM IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
11.2 No Guarantee
Section titled “11.2 No Guarantee”Participation in the Program does not guarantee:
- Acceptance of referrals
- Commission payments for ineligible referrals
- Continued Program availability
- Specific commission amounts
12. Limitation of Liability
Section titled “12. Limitation of Liability”TELAIR and its affiliates shall not be liable for:
- Lost profits or revenue
- Indirect, incidental, or consequential damages
- Technical errors or system failures
- Changes to Program terms or commission structure
Maximum liability limited to commissions paid in preceding 12 months.
13. Indemnification
Section titled “13. Indemnification”You agree to indemnify and hold harmless TELAIR, its parent, subsidiaries, affiliates, and their respective officers, directors, employees, and agents from any claims arising from:
- Your participation in the Program
- Your promotional activities
- Your violation of these terms
- Your violation of any laws or third-party rights
14. Term and Termination
Section titled “14. Term and Termination”14.1 Duration
Section titled “14.1 Duration”This Agreement begins upon approval and continues until terminated.
14.2 Termination Rights
Section titled “14.2 Termination Rights”Either party may terminate:
- Without cause upon 30 days’ written notice
- Immediately for material breach
- Immediately for Program abuse or legal violations
14.3 Post-Termination
Section titled “14.3 Post-Termination”Upon termination:
- Affiliate links become inactive
- Pending qualified commissions will be paid
- All promotional activities must cease
- License to use TELAIR materials ends immediately
15. Program Modifications
Section titled “15. Program Modifications”15.1 Right to Modify
Section titled “15.1 Right to Modify”TELAIR reserves the right to:
- Add, modify, or delete rewards and requirements
- Update Program terms and conditions
- Change commission structures
- Suspend or terminate the Program
15.2 Notice of Changes
Section titled “15.2 Notice of Changes”Material changes will be communicated via:
- Email notification to registered affiliates
- Updates to Program documentation
- 30 days’ notice when feasible
16. General Provisions
Section titled “16. General Provisions”16.1 Governing Law
Section titled “16.1 Governing Law”This Agreement is governed by the laws of Canada and the province of Ontario.
16.2 Entire Agreement
Section titled “16.2 Entire Agreement”This Agreement constitutes the entire agreement between parties regarding the Affiliate Program.
16.3 No Authority
Section titled “16.3 No Authority”Affiliates may not:
- Bind or create obligations for TELAIR
- Negotiate prices or terms on TELAIR’s behalf
- Represent having authority to act for TELAIR
16.4 Severability
Section titled “16.4 Severability”Invalid provisions shall not affect the validity of remaining terms.
17. Contact Information
Section titled “17. Contact Information”For questions about the Affiliate Program, please visit our contact form.
By participating in the TELAIR Affiliate Program, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.