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Influencers
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About Flockity
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Terms Of Service

PLEASE READ THIS AFFILIATE PROGRAM AGREEMENT CAREFULLY.

This is a contract between you (the “Affiliate”) and us (“Flockity”). It describes how we will work together and other aspects of our relationship. It is a legal document, and there is some “legalese” but we want this to be fair, readable, and understandable.

The Affiliate Program Agreement applies to your participation in Flockity. These terms are so important that we cannot have you participate in our Affiliate Program unless you agree to them.

We may occasionally update these terms. If we update or replace the terms, we will let you know. This may include an in-site notification or email. If you don’t agree to the update or replacement, you can choose to terminate as we describe below.

 

Definitions

“Affiliate Program” means our affiliate program as described in this Agreement.

“Affiliate Link” means the unique tracking link you place on your channels.

"Agreement" means this Affiliate Program Agreement and all materials referred or linked to in here.

“Commission” means an amount described in the Flockity Platform for each transaction.

"We", "us", “our”, and “Flockity” means Flockity.

“You” and “Affiliate” means the party, other than Flockity, entering into this Agreement and participating in the Affiliate Program.

 

Non-Exclusivity

This Agreement does not create an exclusive agreement between you and us. Both you and we will have the right to recommend similar products and services of third parties and to work with other parties.

 

Affiliate Acceptance

Once you opt in to become an Affiliate, we will review your information and notify you whether you have been accepted to participate in the Affiliate Program, or not. We may require that you provide our team with some additional information about yourself before we provide you with a log in to Flockity.

If you are accepted to participate in the Affiliate Program, the terms and conditions of this Agreement shall apply in full force and effect, until terminated, pursuant to the terms set forth below.

Affiliate Program Limits.

With each accepted click on a Flockity link, we will pay you Commission as described in this document.

 

Eligibility.

To be eligible for Commission, a validate click must be measured in accordance with the ‘Acceptance and Validity’ section.

 

Post Guidelines

When Sharing a Job, the post must, at a minimum, include the name of the company, the job title, and the location. Additional information, such as the location is very helpful to improve engagement with your audience. When posting a Company or Event, you must at a minimum include the title and the company name.

You may only post Flockity links to the channels that you have been approved to post on. If you would like to add any channels, please reach out to babs@flockity.com to have them approved.

When creating posts on channels such as LinkedIn or Instagram that directly refer to a specific Flockity link, you must include #ad in your post.

TikTok. When creating a post on TikTok that directly references a specific Flockity link, you must choose Content Disclosure and Branded Content when posting. This will add the necessary tags to the post.

Always refer to the documentation for each channel you share, as each platform may update its terms at any time. Flockity is not responsible for the posting guidelines of other sites.

 

Creator Safety, Customer Interaction, and Platform Protections

Flockity values the safety, autonomy, and wellbeing of every Affiliate in our community. As an Affiliate, you may experience increased visibility when customers engage with your content. To protect you and maintain a trusted environment, the following policies apply:

Customer Interaction

Customers may view, follow, and reshare your public content to amplify job opportunities. However:

  • Customers are not permitted to contact you directly regarding jobs, content, compensation, or collaboration.
  • All communication must occur through Flockity.
  • Customers may not attempt to influence, edit, critique, or “police” your content.
  • Customers may not request or pressure you to change your posting style, tone, or voice.
  • Customers may not ask you to perform additional work or content outside of the Affiliate Program.

Any customer behavior outside these boundaries is considered a violation.

 

Reporting Concerns

If you experience:

  • Harassment
  • Inappropriate messages or comments
  • Attempts to control your content
  • Direct customer outreach
  • Poaching attempts
  • Any form of intimidation or policing

You may report it to Flockity at any time. Reports may be made through email, in-platform messaging, or directly to your Flockity contact. All reports are confidential and taken seriously.

 

Protections & Enforcement

To safeguard Affiliates, Flockity may take immediate action including, but not limited to:

  • Investigating reported behavior
  • Limiting or suspending a customer’s ability to interact with Affiliate content
  • Restricting or terminating customer accounts
  • Issuing financial penalties to customers who violate creator protections
  • Blocking customers from future access to Affiliate-generated content or campaigns

 

Acceptance and Validity.

You will only be eligible for a Commission payment for any clicks generated by the Affiliate Link that we make available to you and are accepted by Flockity.

A click will be considered valid and accepted if, in our reasonable determination: (i) it is not from your IP address, (ii) it is not clicked by you on your or another device, and (iii) the job title and/or company name is visible, (iv) is shared in good faith of generating a job, application from your network, (v) is not spamming jobs on any social media platform or messenger, and (vi) is not derived from bots, bot armies, or groups of people colluding to generate clicks.

During the beta period, you may only share up to 3 jobs per day.

 

Commission and Payment.

In order to receive payment under this Agreement, you must have: (i) agreed to the terms of this Agreement; (ii) completed all steps necessary to connect your account in Flockity to PayPal, (iii) have a valid and up-to-date payment method in Flockity with such account (iv) completed any and all required tax documentation in order for PayPal/Flockity to process any payments that may be owed to you.

 

Commission Payment.

All payments from Flockity will be in US Dollars.

 

Taxes.

You are responsible for payment of all taxes and fees (including bank fees) applicable to the Commission. All amounts payable by us to you are subject to offset by us against any amounts owed by you to us.

 

Opt Out and Unsubscribing

You will be sure to promptly comply with all opt out, unsubscribe, "do not call" and "do not send" requests. For the duration of this Agreement, you will establish and maintain systems and procedures appropriate to effectuate all opt out, unsubscribe, "do not call" and "do not send" requests.

 

Term and Termination

Term. This Agreement will apply for as long as you participate in the Affiliate Program, until terminated.

Termination Without Cause. Both you and we may terminate this Agreement on fifteen (15) days written notice to the other party.

Termination for Agreement Changes. If we update or replace the terms of this Agreement, you may terminate this Agreement on five (5) days written notice to us, provided that you send us written notice within ten (10) days after we send you notice of the change.

Termination for Cause. We may terminate this Agreement immediately, if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.

Effects of Expiration/Termination. Expiration of this Agreement, and termination of this Agreement: (i) without cause by us,(ii) by you with cause, (iii) by you according to the ‘Termination for Agreement Changes’ section, shall not affect our obligation to pay you a Commission, so long as the related payment is recognized by us within thirty (30) days after the date of such termination or expiration. We will not pay you fees on clicks recognized by us after thirty (30) days after the date of such termination or expiration set out above. Provided however, in the event of termination without cause by you, or for cause by us, our obligation to pay and your right to receive any Commission will terminate upon the date of such termination, regardless of whether you would have otherwise been eligible to receive Commission prior to the date of termination. Except as expressly set forth in this section, you are not eligible to receive a Commission payment after expiration or termination of this Agreement. Upon termination or expiration, you will discontinue all use of and delete the Affiliate Tool that we make available to you for your participation in the Affiliate Program. Upon termination or expiration, clicks are not considered valid.

Upon termination or expiration, you will immediately discontinue all use of our trademark and references to this Affiliate Program from your website(s) and other collateral.

Disclaimers; Limitations of Liability

Disclaimer of Warranties. WE AND OUR AFFILIATED COMPANIES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE FLOCKITY PRODUCT, THE AFFILIATE PROGRAM FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) AND FLOCKITY MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, FLOCKITY IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO FLOCKITY INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.

Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO THE TOTAL COMMISSION AMOUNTS YOU HAVE ACTUALLY EARNED FOR THE RELATED CUSTOMER TRANSACTIONS IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.

Cookie Duration. COOKIES USED AS PART OF FLOCKITY HAVE A SET DURATION. IF A POTENTIAL CUSTOMER CLEARS THEIR COOKIES DURING THIS PERIOD, FLOCKITY SHALL NOT BE LIABLE FOR ANY COMMISSIONS THAT MAY HAVE BEEN OWED TO YOU.

 

General

Applicable Law. This Agreement shall be governed by the laws of the State of Delaware, without regard to the conflict of laws provisions thereof. In the event either of us initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the state and federal courts in Delaware.

Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God, electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

Actions Permitted. Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

Relationship of the Parties. Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.

Compliance with Applicable Laws. You shall comply, and shall ensure that any third parties performing sales or referral activities on your behalf comply with all applicable foreign and domestic laws (including without limitation export laws and laws applicable to sending of unsolicited email), governmental regulations, ordinances, and judicial administrative orders. You shall not engage in any deceptive, misleading, illegal, or unethical marketing activities, or activities that otherwise may be detrimental to us, our customers, or to the public. Export laws and regulations of the United States and any other relevant local export laws and regulations may apply to Flockity. You will comply with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury.

Severability. If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.

Notices. Notice will be sent to the contact address set forth herein (as such may be changed by notice given to the other party) and will be deemed delivered as of the date of actual receipt.

To Flockity, Inc: 8 The Green, Suite B Dover, DE 19901

To you: your address as provided in our affiliate account information for you.

We may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you.

Entire Agreement. This Agreement is the entire agreement between us for the Affiliate Program.

Assignment. You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without our prior written consent. We may assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control, or operation of law.

No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.

Survival. The following sections shall survive the expiration or termination of this Agreement: ‘Commission and Payment,’ ‘Proprietary Rights,’ ‘Confidentiality,’ ‘Effects of Termination/Expiration,’ ‘Indemnification,’ ‘Disclaimers; Limitation of Liability,’ ‘Non-Solicitation,’ and ‘General.’