Affiliate/Referral Program

Terms & Conditions

Spectrum BPO may offer you an opportunity to become an independent Spectrum BPO Affiliate, wherein you have the opportunity to earn additional money for Spectrum BPO products, services, and accounts that you sell. Spectrum BPO reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate’s efforts. Affiliate commission is further discussed herein. See also Spectrum BPO Terms of Use & Privacy Policy, which apply to you in your role as Affiliate, unless otherwise expressly provided for.

This Affiliate Agreement (“Agreement”) governs Your application for, and any subsequent participation in, Spectrum BPO’ Affiliate program. By clicking “I Accept the Terms and Conditions” and submit, You thereby accept the terms of this Agreement, You indicate that You have read and understood this Agreement, and agree that You are bound by its terms.

SECTION 1 - PARTIES

All references to “Spectrum” herein means and refers to Spectrum BPO, doing business as Spectrum BPO. All references to “You” and “Your” mean and refer to the person or entity who has executed this Agreement. Spectrum BPO and You are each referred to herein as a “Party,” and collectively as the “Parties.” You agree to notify us in writing if the legal name of your business or account ownership changes within twenty-four (24) hours of such change and You certify that all such information is truthful and accurate. Notice of such changes should be sent to info@spectrumbpo.com

SECTION 2 - APPLICATION

You agree to provide all information requested by Spectrum BPO in connection with Your Affiliate application and/or Your continued participation as a Spectrum BPO Affiliate, and You affirm that all information that You provide is truthful, accurate, and complete (without material omission). You understand and agree that Spectrum BPO retains sole and exclusive discretion to determine whether You qualify for participation in Spectrum BPO’ Affiliate/Referral program. Not everyone who applies for Spectrum BPO’ Affiliate program will qualify to participate.

SECTION 3 - CONSENT TO BE CONTACTED

You expressly consent to be contacted at the email address and the phone number You provide in Your application about Your application and the Affiliate Program, including through automated dialing systems, texts, and artificial or pre-recorded messages, whether by Spectrum BPO or a third party on behalf of Spectrum BPO. This consent is a material condition of this Agreement and may not be revoked except in writing by both Parties. You understand and agree that the foregoing method is the only reasonable method of opting out. You further agree that any other method of opting out is not a reasonable means of opting out.

SECTION 4 - COMPENSATION

If Your application to become an Affiliate is approved by Spectrum BPO. You will have the opportunity to receive a commission for each sale (“Sale”) that is registered via Your reference. Spectrum BPO shall have the sole and exclusive authority to deny and/or revoke a commission or commissions based on affiliate-hopping or other action that creates multiple commissions for one true transaction, which shall be determined at the sole discretion of Spectrum BPO.

Provided that the Sold Account (as defined below) remains in good status within forty-five (45) days from the Sale, You will be paid a commission for each Sold Account that generates a payment to Spectrum BPO in a month (“Commission”). Except as otherwise provided herein, Commission payments will be paid on/by the 10th of each month following Spectrum BPO receipt of payment for a Sold Account, subject to the other terms of this Agreement. In the event the 10th of each month falls on a holiday, Commission payments will be paid on the business day preceding the holiday. All Commission payments are based on the amount of fees received by Spectrum BPO, less sales taxes.

The amount of Commissions for promoting Spectrum BPO is as follows:

(a) General Affiliate: 10% Commission on any sort of services provided by Spectrum BPO*

(b) Qualified Affiliate: 15% Commission*

*Initial approval into the Spectrum BPO Affiliate Program grants you access to promote Spectrum BPO. As a General Affiliate, You will receive a 10% Commission on sales via your reference. “Qualified Affiliate” status is only for those Affiliate of Spectrum BPO who have been preselected by Spectrum BPO, have actively promoted Spectrum BPO, and opted in as a Qualified Affiliate. The determination of whether an Affiliate has met the requirements to be a “Qualified Affiliate” is at the sole and exclusive discretion of Spectrum BPO.

All Commissions are paid in U.S. Dollars (USD) or otherwise in currencies offered by the payment provider. Some payment methods may incur processing fees that may be deducted from Your Commissions. Your combined Commissions must equal or exceed One Hundred and 00/100 Dollars ($100.00) (USD) before You receive a payment from Spectrum BPO. If Your combined Commissions in a 120-day period do not exceed $100.00 (USD) Your Commissions will not be paid and will be forfeited by You to Spectrum BPO without any further action being required.

Once a Commission of $100 (USD) or more is earned, You are required to register with our third-party payment provider to receive payment of Commissions. This means You are authorizing third-party companies to contact You.

Commissions are paid only for transactions that actually occur between Spectrum BPO and a Sale and in which payment is received by Spectrum BPO. If payment for a Sold Account later results in a refund or chargeback, and if a Commission was paid to You for that Sold Account payment, then the Commission will be deducted from Your future Commissions.

If Spectrum BPO determines, in its sole and exclusive discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement or applicable law, no Commission will be earned by You or paid by Spectrum BPO for such Sale and, for past sales, such payment amounts shall be deducted from Your future Commissions, and Spectrum BPO may terminate this Agreement immediately, without notice, and without Spectrum BPO having any liability to You.

SECTION 5 - TERM AND TERMINATION

The term of this Agreement will begin the earlier of (i) when You click “I accept the Terms and Conditions” and submit; or (ii) Your participation in the Affiliate program is approved. Your participation in the Spectrum BPO Affiliate program will continue month-to-month until terminated. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party thirty (30) days’ written notice of termination. If, in our sole discretion, You fail, or we suspect that You have failed, to comply with any term or provision of the Agreement or the Terms of Use, or violated any law, whether in connection with Your use of Spectrum BPO or otherwise, Spectrum BPO may take any action that it deems necessary, including without limitation to terminating the Agreement or suspending Your access to the Affiliate website (“Website”) at any time without notice to You. In addition, if, based on our data, you have a dispute rate greater than 2%, we may terminate or suspend this Agreement at any time without notice to You. In such instances as described above, and in our sole discretion, we may terminate our relationship and suspend any accounts owned/controlled by You. For the avoidance of doubt, and without limitation for purposes of the foregoing, any violation of the required disclosure will be deemed a material breach of this Agreement. In the event this Agreement is cancelled due to Your breach, You immediately forfeit all Commissions and any other payments owed to You or that may in the future be owed to You without any further liability by Spectrum BPO to You. This Agreement will terminate automatically if You earn no (zero) Commissions over a 12 month period.

If this Agreement is terminated or cancelled, then all provisions that, by their nature, should survive, will survive, including, but not necessarily limited to, all limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration and class action waiver provisions, and exceptions to arbitration. All representations and warranties undertaken by You shall also survive termination or cancellation of this Agreement and/or Your Spectrum BPO account.

Income and Business Opportunity Claims. Affiliates are expressly prohibited from making any claims that use of Spectrum BPO will guarantee that the user will make money. If the Affiliate’s recruiting efforts include claims related to income the Affiliate  has made from using Spectrum BPO or as an Affiliate, the following guidelines must be adhered to:

(a) Affiliate’s statements must be completely true and accurate and supported by evidence of Affiliate’s experience; and

(b) Affiliate’s statements must be accompanied by the following disclaimer in clear and conspicuous font and placement: “These were my results. Your results will vary based on a variety of factors including Your education, effort, and market factors. There is no guarantee You will make any money.”

Affiliate is also expressly prohibited from making any express or implied claims that Spectrum BPO is or provides a business opportunity, franchise opportunity, a “business-in-a-box,” or an assisted marketing plan.

Spectrum BPO Trademarks. No logo, tagline, trademark, trade name, or trade dress (collectively, the “Spectrum BPO Trademarks”) owned by Spectrum BPO may be used, copied, or reproduced by any Affiliate except as set forth below. No Spectrum BPO intellectual property (or any mark confusingly similar to any Spectrum BPO intellectual property) is to be registered as a trademark in any country or registered as a domain name by Affiliate in any way in any country.

Subject to the restrictions below, approved Affiliates are granted a limited, revocable, non-transferable, and non-assignable license to use the “Spectrum BPO®” trademark, to advertise Spectrum BPO online. Any time Affiliate uses the word “Spectrum BPO” it must be immediately followed by “®”. The affiliate may not use “Spectrum BPO” or other Spectrum BPO trademarks as part of any URL, domain or website name.

Spectrum BPO retains exclusive ownership of all Spectrum BPO Trademarks and other intellectual property and all of its rights therein. Affiliate shall not promote or provide services to any other business or person that is infringing any of Spectrum BPO intellectual property.

Complaint Notification. Affiliate must notify Company of any complaint received by Affiliate regarding any advertisements within twenty-four (24) hours of receiving such complaint. Notice should be sent to info@spectrumbpo.com

Independent Contractor. Affiliates are independent contractors of Spectrum BPO. It is the express understanding and intention of the Parties that no relationship of master and servant nor principal and agent shall exist between Spectrum BPO and You by virtue of this Agreement. You have no right to act on behalf of or bind Spectrum BPO in any way, nor share in the profits or losses of Spectrum BPO. The only compensation available to You is set forth in this Agreement. You are solely and exclusively responsible and liable for all of Your acts or omissions.

NO WARRANTY; AND NO LEADS. Spectrum BPO does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that Spectrum BPO will not at any time provide sales leads or referrals to You. You understand and agree further that this is not a business opportunity, a franchise opportunity, a “business-in-a-box,” or an assisted marketing plan. You are responsible for procuring and paying for any and all materials and resources necessary to operate as an Affiliate as You determine in Your sole discretion.