Ambassador & HeadHunter Terms of Service
We reserve the right to update and change the Program Terms and Conditions from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to these Program Terms and Conditions, as updated from time to time. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your account and forfeiture of any outstanding commission payments earned during the violation.
1.1 Before you can join the Program and become an Ambassador and/or HeadHunter (also known, and referred to, as "Affiliates") for PreSend, you have to register as a qualified Ambassador and/or HeadHunter by signing up on our website on https://ambassador.presend.io/ or https://headhunter.presend.io/. As part of the registration, you will be required to provide the requested information, including, without limitation, the following:
- First name*
- Last name*
- Email address*
- Telegram ID
- Ambassador and/or HeadHunter type*
- Country of residence*
- Wallet address for commission payout*
- Other social media channels
- # of followers
1.2 You can only participate in the Program as an Ambassador and/or HeadHunter and are only eligible to receive the Ambassador and/or HeadHunter Fee (as defined below) if you have: (a) received a written acceptance into the Program by PreSend via email, and (b) concluded a formal acceptance of these Program Terms and Conditions.
1.3 PreSend has sole discretion about who will be considered an Ambassador and/or HeadHunter. There is no right to any individual or entity to be classified as an Ambassador and/or HeadHunter.
2.1 After you become an Ambassador and/or HeadHunter, you can log in to your dedicated Ambassador and/or HeadHunter dashboard (the “Ambassador and/or HeadHunter Dashboard”), accessible at https://ambassador.presend.io/ & https://headhunter.presend.io/, by connecting your wallet and view your assigned Ambassador and/or HeadHunter Link and other account data, including your commission percentage, which in no event, shall be less than 25% (for Ambassadors) of a Transaction (as defined below). Your commission as a HeadHunter is 50% (or half) of the percentage your Ambassador/Influencer signups' percentage is, for a period of 90 days (with the ability to extend to more 90 day terms if criteria is met). Your “Ambassador and/or HeadHunter Link” is a unique, personalized link that is assigned to you for use across multiple platforms to measure the success of your campaigns.
2.2 You may pass on your Ambassador and/or HeadHunter Link to your network of potential users (e.g., via private messages, email, text message, your website or social media channels) with the goal of making potential users with legitimate interests in PreSend’s capabilities aware of PreSend’s product and services.
2.3 Users of your Ambassador and/or HeadHunter Link will be referred to the sign-up page https://ambassador.presend.io/ or https://headhunter.presend.io/ which will prompt such users to connect their wallet (the “Sign-Up”) and, once connected, direct such users to the PreSend cryptocurrency wallet software (the “PreSend Software”), either in the form of a downloadable chrome extension or a webapp, or (in the case of Ambassador signups under HeadHunter links) will prompt Ambassador signups for the PreSend Program.
2.4 You agree that you will not do any marketing for our competitors during your participation in the Program and for three months afterward.
2.5 You will not and do not carry out any advisory or mediation activity in reference to any of PreSend’s products or services.
3.1 Each time a user who initially accesses the PreSend Software using your Ambassador Link as described in Section 2.3 above (each, a “Referred User”) authorizes the PreSend Software to run the verification process as part of such Referred User’s transfer of digital assets across the blockchain (each, a “Transaction”), you will be issued a commission as a percentage of the applicable fees received by PreSend from such Referred User for such Transaction (the “Ambassador Fee”). Such commission will be 25% (or such commission percentage as otherwise set forth in your Ambassador Dashboard) of the applicable fees received by PreSend for each Transaction initiated by a Referred User for a period of 365 days following such Referred User’s Sign-Up (as defined above) (the “Referral Period”). After the Referral Period, your commission percentage for that specific Referred User will be reduced to 12.5% (or half of the commission percentage originally set forth in your Ambassador Dashboard). For the avoidance of doubt, this reduction in the commission percentage will only apply to Transactions by individual Referred Users following the expiration of the Referral Period specific to such Referred Users. HeadHunters are subject to earning half of the commission percentage originally set forth in their “influencer/ambassador signups’” dashboards for an initial period of 90 calendar days from the individual ambassador signup. HeadHunters are further entitled to (up to) 3 more 90 day terms of 50% earnings, respective to the commission percentage originally set forth in their “influencer/ambassador signups’” dashboards, so as the HeadHunters and their ambassador signups meet the requirements for a 90 day term extension before, or when, the previous 90 day term is concluded. These requirements for 90 day term extensions are subject to change at any time, and will be included in the “HeadHunter Media Kit” supplied, upon request, to participants in the HeadHunter program from PreSend directly and HeadHunters will be notified by PreSend, via the email the HeadHunter signed up with, if any changes are implemented in said requirements.
3.2 In order to collect an Ambassador and/or HeadHunter Fee, you must first authorize the associated blockchain(s), claim your Ambassador and/or HeadHunter Fee on such blockchain(s), and pay the applicable gas fee(s) for each such blockchain (the “Gas Fee”). The Gas Fee paid by you will not be reimbursable by PreSend.
3.3 Ambassador and/or HeadHunter Fees will only be granted in the cryptocurrency blockchain coin the Referred User has chosen for the applicable Transaction. The exchange rate between the selected crypto currency and USD shall be the applicable exchange rate on the day of the Transaction which generated the particular Ambassador and/or HeadHunter Fee.
3.4 By claiming an Ambassador and/or HeadHunter Fee, you: (a) accept such Ambassador and/or HeadHunter Fee, including, without limitation, the amount and digital currency type of such Ambassador and/or HeadHunter Fee, as full compensation for the applicable Transaction; and (b) fully waive any and all claims against PreSend with regard to such Ambassador and/or HeadHunter Fee and/or a Referred User, including, without limitation, additional claims for payment by the Ambassador and/or HeadHunter or for reimbursement of expenses.
3.5 PreSend reserves the right to change any commission percentages, including the minimum commission percentages set forth herein, and will notify you before implementing any such change by posting the modified percentage in your Ambassador and/or HeadHunter Dashboard and/or the updated Program Terms and Conditions, as applicable.
4.1 Any social media posts or other content you publish in connection with the Program (“Posts”) will conform to the specifications and instructions provided to you by PreSend, including, without limitation, the briefing and marketing materials accessible to you through the PreSend Marketing Academy (the “Marketing Academy Materials") accessible through the PreSend website located at https://presend.io/ or your Ambassador and/or HeadHunter Dashboard. You agree to use your best efforts to publish at least one (1) Post a week.
4.2 You agree that all Posts will: (a) include factual statements about PreSend and the PreSend Software which you know for certain are true and PreSend can prove or verify; (b) rely on the Marketing Academy Materials to accurately use our trademarks, describe the Program, and describe the PreSend Software and any other PreSend products and/or services; (c) be original and created solely by you; (d) not include the intellectual property of other parties, including any third-party music, photographs, artwork, trademarks, logos, or slogans; (d) not include any person, or personally identifiable information about anyone, other than you; and (e) comply with the rules of the applicable social media platforms.
4.3 You further represent and warrant that the Posts (a) are your sole and original creation; (b) are not libelous or otherwise defamatory; and (c) do not, and our use or them will not, infringe or otherwise violate any right of any third party, including any copyright, trademark, patent, trade secret, or other intellectual property right, or any right of publicity or privacy.
4.4 You acknowledge and agree that we have the right, but not the obligation, to monitor your Posts for compliance with these Program Terms and Conditions. We further reserve the right to require you to fix any non-compliant Post and to terminate you from the Program for any non-compliance with these Program Terms and Conditions.
5.1 You will keep information, documents and materials provided by PreSend, including, without limitation, the Marketing Academy Materials (the “Program Materials”), and the identities and information on Referred Users and their respective investments (“Referred User Data”) strictly confidential. Without limiting the generality of the foregoing, you will not upload or distribute any Referred User related information publicly via any websites, social media channels or public messenger programs.
5.2 You will not commit any act or do anything which might reasonably be considered to: (i) be immoral, deceptive, scandalous or obscene; or (ii) injure, tarnish, damage or otherwise negatively affect the community and/or the reputation and goodwill associated with PreSend. If you are accused of any act involving moral or ethical issues, dishonestly, theft or misappropriation, under any law, or any act which casts an unfavorable light upon its association with the community and/or PreSend or you are accused of performing or committing any act which could adversely impact PreSend or the Program, PreSend shall have the right to terminate you from the Program upon written notice to you via email or message on the Ambassador and/or HeadHunter Dashboard.
6.1 You will own and retain all right, title, and interest in and to the Posts, subject to the license granted to us in this paragraph. We will own and retain all right, title, and interest in and to all derivative works of the Posts made by us, or by any third party for our benefit subject to your rights in the underlying Posts. You hereby grant to PreSend and our affiliates, and each of our respective direct and indirect licensees, successors, and assigns, an exclusive, perpetual, irrevocable, freely transferable and sublicensable, fully paid-up and royalty-free right and license to use the Posts, including all copyrights and other intellectual property rights therein and all renewals and extensions thereof, in all formats and media, whether now known and existing or hereafter discovered or developed, throughout the universe, for all or any purposes whatsoever. For purposes of clarity and without limiting the foregoing, you agree that this license gives us the right: (a) to modify, edit, combine with other materials, translate, include in collective works, and otherwise create derivative works of the Posts; and (b) to reproduce, perform (publicly or otherwise), display (publicly or otherwise), and transmit the Posts, including any derivative works of the Posts, in whole or in part.
6.2 You hereby grant to PreSend and our affiliates, and each of our respective direct and indirect successors, and assigns, the right to use your name, image, likeness, and biographical, professional, and other identifying information (including information you provide to us and any other information about you that is publicly available) (collectively, "Likeness") in connection with the Program, the Posts, and any derivative works we make from the Posts, including to advertise and promote the same or any product and/or service that features or includes at least one of the Posts or a derivative work of a Post, in whole or in part. Without limiting the generality of the foregoing, we will have the right to publicize your participation in the Program via all media channels available to us and will have the right to use your proper name on our website, in publicity materials, presentations, and other marketing areas. You waive the right to inspect or approve any use of your Likeness as contemplated in these Program Terms and Conditions.
6.4 As between you and PreSend, PreSend further owns all right, title, and interest, including all intellectual property rights, in and to any Referred User Data and any other data related to your or a Referred User’s participation in the Program or the PreSend Software.
7.1 The Program will start on the day of the release of the Program and these corresponding Program Terms and Conditions in particular and will end at PreSend‘s sole discretion, as provided in writing by PreSend.
7.2 You can only receive an Ambassador and/or HeadHunter Fee during the aforementioned term of the Program.
8.1 PreSend reserves the right to terminate you from the Program for no reason or any reason upon written notice to you via email or message via the Ambassador and/or HeadHunter Dashboard.
8.2 PreSend may exclude you from the Program in its sole discretion in case you violate any provision of the Agreement.
8.3 You may refrain from participating in the Program at any time. In the event you elect not to participate further in the Program, you will inform PreSend in writing via email.
You are obliged to comply with all applicable laws, rules, ordinances and obligations in performance of your obligations under these Program Terms and Conditions, including, without limitation, the Federal Trade Commission’s Guides Concerning Endorsements and Testimonials and any relevant data protection regulations.
You shall indemnify, defend and hold harmless PreSend and our officers, directors, employees, agents, successors, and assigns from and against any and all claims, actions, damages, obligations, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, costs of collection and other costs of defense, arising out of or relating to any breach by you of your representations, warranties, or other obligations hereunder.
Taxation (e.g., sales tax, income tax) and payment of the same on your behalf as well as any required tax payment, is incumbent solely on you.
12.1 You understand that you are an independent contractor of PreSend, and these Program Terms and Conditions do not create any association, partnership, joint venture, employee, or agency relationship between you and us for any purpose. You are not entitled to act as a representative of PreSend, (i.e., in particular you may not act in the name of PreSend or make any declarations with legally binding effect for and against PreSend).
12.2 These Program Terms and Conditions are personal to you. You will not assign or otherwise transfer any of your rights, or delegate, subcontract, or otherwise transfer any of your obligations or performance, under these Program Terms and Conditions without our prior written consent.
12.4 In the event one or more of the provisions of these Program Terms and Conditions is for any reason held to be invalid, illegal or unenforceable, in whole or in part or in any respect, or in the event that any one or more of the provisions operate or would prospectively operate to invalidate these Program Terms and Conditions, then and in any such event, such provision(s) only will be deemed null and void and will not affect any other provision and the remaining provisions will remain operative and in full force and effect and will not be affected, prejudiced, or disturbed thereby.
12.5 All rights and obligations hereunder will be governed by, construed and enforced in accordance with the laws of the State of Delaware, without regard to the conflicts of law provisions or principles (whether of the United States or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. The competent courts for jurisdiction for all disputes arising from or in connection with these Program Terms and Conditions are those of the State of Delaware.