These Notion Marketing Program Participant Terms apply to your participation in any Notion Marketing Program (each a "Program," and collectively, "Programs"). Any person or entity (“you”) that participates or attempts to participate in a Program must accept these Notion Marketing Program Participant Terms (“Participant Terms”). By registering for a Program, you agree to comply with the Participant Terms between you and Notion Labs, Inc. (“Notion,” “we,” “us,” “our”). This Agreement incorporates, and you agree to comply with, the most up-to-date version of all policies, appendices, specifications, guidelines, schedules, and other rules referenced in these Participant Terms and any other policies that apply to tools and features made available to you under the Program (“Program Policy(ies)” or "Program Guide(s)"). For clarity, these Participant Terms apply to multiple Programs, including any subprograms. Each Program may have its own Program Policies. In the event of any conflict between these Participant Terms and any Program Policy, these Program Terms will control unless expressly indicated otherwise in the Program Policy. If you sign up for a Program on behalf of an entity or organization, you are binding that organization to these Program Terms, and you represent that you have the authority to do so.
1.1 Program Compliance Requirements. You must comply with these Participant Terms to participate in a Program and receive any Fees. We may, but are not obligated to, monitor your website or marketing channels at any time to determine if you are complying with these Participant Terms and our Program Policies.
1.2 Violations. If you violate these Participant Terms, our Program Policies, or any other applicable terms and conditions, then, in addition to any other rights or remedies available to us, we reserve the right to permanently (to the extent permitted by applicable law) cease payment of all Fees otherwise payable to you under these Participant Terms, whether or not directly related to such violation, without notice and without prejudice to any right to recover damages in excess of this amount.
If any Fee payments are contemplated by the Program that you participant in, the following shall apply to such Fee payments.
2.1 Affiliate Links. As a Participant, you may be able to access a link to the Notion website that will be associated with you as a Participant (“Affiliate Link”). When our customer clicks through the Affiliate Link to purchase a subscription to our software-as-a-service product ("Service"), you can receive commission income for qualifying purchases ("Referral Fee"), as further described in (and subject to the limitations in) the applicable Program Guide. You shall not use the Affiliate Link on any properties or with any content that are not your own. If Notion requests that you remove an Affiliate Link from your properties, you must comply with such request within twenty-four (24) hours. Failure to comply with such request may result in suspension or termination of your participation in the Program and/or forfeiture of payments, as determined by Notion in its sole discretion.
2.2 Affiliate Link Fee Payment Eligibility. You will only be eligible for a Fee payment for customer transactions that are completed through (i) the Affiliate Link that we make available to you; and (ii) Notion's self-service purchase process. If a prospective customer does not complete the purchase or register to use the Services following their click on the Affiliate Link, you will not be eligible for a Referral Fee payment, even if the prospective customer later purchases a subscription directly by visiting Notion's website or through another link. Customers that enter the purchase process through your Affiliate Link, but complete their purchase through a Notion account executive or other sales assisted process shall not result in a Fee payment. Unless expressly stated otherwise in a Program Policy, you are eligible to receive a Fee payment only for a customer's initial purchase and are not eligible to earn Fees on any follow-on purchases. A Fee is not considered payable if the first click on the Affiliate Link is after your participation in the Program has expired or terminated.
2.3 Paid Content Fee. From time to time, Notion may engage you to create content for YouTube and other social media channels ("Paid Content"). You may receive a flat fee (“Paid Content Fee”, and together with any Referral Fees, “Fees”) for creating qualifying Paid Content, as described in the applicable statement of work and in accordance with any applicable Program Guide.
2.4 Fee Payment. Eligible Participants shall be paid according to the applicable Program Policy or as specified in the applicable statement of work. All Fees earned shall be one-time payments unless expressly stated otherwise in the applicable Program Policy. In order to receive payment under the Program, you must have: (i) agreed to the Participant Terms; (ii) completed all steps necessary to create your account in accordance with our directions, (iii) a valid and up-to-date payment method in such account; and (iv) completed any and all required tax documentation that may be required in order for us or our third party payment processor to process any payments that may be owed to you.
2.5 Taxes. You will be responsible for paying all taxes imposed by any governmental authority on payment of the Fees (“Taxes”), if any. If we are required to withhold any withholding or similar taxes, we will do so and will make these payments. Any withholding taxes paid by us to the tax authority will be deducted from the amount due to you, such that the amount paid to you will be net of the withholding taxes. Upon your request, we will provide you with a copy of the tax receipt or tax certificate for the withholding tax paid.
2.6 Third Party Payment Platform. The following applies where Notion pays Participant through the Deel platform:
Notion acknowledges that Participant has appointed Deel. Inc, a Delaware registered company having its headquarters at 650 2nd St, 94107, San Francisco, California, United States (“Deel”) as Participant’s limited payment agent for the purpose of facilitating the receipt of payments made by Notion for services provided in connection with these Participant Terms and each statement of work using a payment method supported by Deel or by one of Deel's Payment Service Providers, and the disbursement of those payments to Participant.
Notion agrees to make all payments to Participant using one of the payment methods supported by the Deel platform. Notion and Participant represent and warrant that they have carefully read, understood and accepted the Deel platform terms and conditions (the “Deel Terms and Conditions”) available on the Deels’ website (www.letsdeel.com/terms). In the event of any conflict between these Participant Terms or any Program Policy and the Deel Terms and Conditions, these Participant Terms and the Program Policy will govern. Both parties acknowledge that acceptance of the Deel Terms and Conditions by each party is a precondition to entering into these Participant Terms.
3.1 Authorization and Restrictions. We authorize you to market and promote Notion and our Service to potential customers in accordance with these Participant Terms. You agree you will market the Service fairly and accurately, and will not make any representations or warranties concerning us or our Service, or use any marketing content or materials that: (i) inaccurately purport to be made by Notion; (ii) violate any laws or regulations; (iii) are false, misleading, or inaccurate; (iv) are offensive, obscene, or inappropriate; (v) portray Notion or the Service in a disparaging manner; or (vi) violates the intellectual property rights of a third party. Further, you shall not: (a) hold yourself out as an employee or representative of Notion; (b) interfere with the operation of the Program; (c) remove, obscure, or alter Notion's or any third party's copyright notice, proprietary rights notices, or other notices affixed to or contained within the Notion Content; (d) edit, modify, obscure, minimize or change the information contained in Notion Content, including, without limitation, any product information, image, widget or default templates provided by Notion; (e) use any Affiliate Link on any coupon deal websites and/or coupon aggregator websites; (f) take orders for the Service or otherwise act as a reseller of the Services; (g) use any name, term, or mark that is confusingly similar to the Notion Marks unless approved by Notion in writing; (h) use your Notion Affiliate Link or Notion Content in any manner that could be considered spammy; (i) use your Notion Affiliate Link or Notion Content in any manner or context that, if uploaded or shared through our Service, would violate our Content & Use Policy; or (j) engage in direct marketing of Notion or our Services except where you (1) have an appropriate legal basis, as applicable, to contact such individuals; and (2) such marketing is directed to your existing clients or subscribers to your newsletter.
3.2 Notion Customers. Our customers are not, by virtue of your participation in a Program, your customers. As between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on the our website will apply to those customers and may be changed at any time. You will not handle or address any contacts with any of our customers, and, if contacted by any of our customers for a matter relating to interaction with Notion or our Services, you will direct customers to contact [email protected], or state that those customers must follow contact directions on our website to address customer service issues.
3.3 Notion Content. In order to facilitate your advertisement and marketing of the Services, we may make available to you data, images, text, link formats, widgets, links, Notion Marks, marketing content, and other linking tools, application program interfaces, and other information in connection with the Program and our Services (“Notion Content"). You may use such Notion Content in connection with marketing the Service. If we update the Notion Content, you will use commercially reasonable efforts to use the updated content and cease using the prior version.
3.4 Compliance. You agree to comply with all applicable laws, rules and regulations, industry best practices and standards and regulatory guidelines relating to sponsored posts and advertising copy, including but not limited to the United States Federal Trade Commission’s then-current rules and regulations applicable to online advertising generally, advertising disclosures and social media advertising, sponsorships and endorsements. You will not misrepresent or embellish our relationship with you (including by expressing or implying that we support, sponsor, or endorse you), or express or imply any affiliation between us and you or any other person or entity except as expressly permitted by these Participant Terms. You will comply with all applicable privacy laws and the terms of service of any platform or channel you use to distribute content.