Nomad Internet - Nomad Partner Program

Join the Nomad Partner Program and start earning money for every sale you send our way!

Simply create your account, place your linking code into your website and watch your account balance grow as your visitors become our customers.
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Terms and Conditions

Welcome to Nomad Internet! Thank you for joining our Partners Program.

These following terms and conditions apply to individuals who are accessing or using the Program both as a merchant ("we" or "GEV IO d/b/a Nomad Internet ") and an affiliate ("you" or "Influencer") who refers customers to use products or services from the merchant.

INFLUENCER TERMS AND CONDITIONS

These terms and conditions supplement and are incorporated into and become part of the Influencer Agreement previously signed by Influencer and Nomad.  Please read these terms and conditions carefully.   By accepting these terms and conditions and using this website, you accept and agree to be bound and abide by these terms and conditions.  The Influencer Agreement and these terms and conditions shall be collectively referred to herein as the “Agreement.”

1.	Deliverables. Influencer will deliver the agreed number of YouTube videos and other posts on agreed social media platforms on behalf of Nomad as outlined in the Agreement.  The Services shall conform to the specifications and instructions of Nomad as outlined in in the Influencer Agreement and herein, abide by the rules of YouTube and the relevant social media platforms, and are subject to Nomad’s acceptance and approval. Influencer understands that all products and services he/she promotes as part of the Influencer Agreement are controlled by Nomad.  Influencer may not post any deliverables on YouTube or any other social media platform without the express written approval of Nomad.

All videos or other social media posts must be in the Influencer’s “own voice”. The Influencer may not delete any of the videos or social media posts, unless otherwise instructed by Nomad.

2.	Ownership. Influencer acknowledges and agrees that Nomad for the purpose of performing the Services under the Agreement shall own, exclusively and in perpetuity, all rights of whatever kind and character, throughout the universe and in any and all languages, in and to the videos, photographs, text and/or all works of similar nature produced, developed, or created by Influencer for this Agreement, and any and all intellectual property rights thereto, including trademarks, trade secrets, trade dress, design, mask work, copyrights, and patent rights (collectively, the “Content”).

3.	Usage. Influencer hereby grants to Nomad a limited, non-exclusive, royalty free, right and license to feature Content generated by Influencer (including Influencer’s name and likeness) on Nomad’s owned and controlled websites and social media platforms and within third party digital and broadcast platforms and print platforms including but are not limited to: ad networks, email marketing, paid search listings, television, radio, newspapers, magazines and brochures, Facebook, Instagram, Twitter, Tumblr, YouTube, Pinterest, Vine, Google+ and website blogs during the term of this Agreement and for a period of twelve (12) months thereafter.

4.	License. Nomad grants to Influencer a temporary license to use Nomad’s name and promotional materials as may be necessary to achieve the promotional purpose but only in compliance with the Guidelines and only to achieve the promotional purpose as described in the Schedule A. Influencer grants to Nomad a perpetual license to use Influencer’s name and likeness in all media including Nomad’s website and on social media sites and in all formats of print and digital media advertising.

5.	Confidentiality and Exclusivity. During the course of Influencer’s performance of Services for Nomad, Influencer will receive, have access to and create documents, records and information of a confidential and proprietary nature to Nomad. Influencer acknowledges and agrees that such information is an asset of Nomad, is not generally known to the public, is of a confidential nature and must be kept strictly confidential and used only in the performance of Influencer’s duties under this Agreement. Influencer agrees that he/she will not use, disclose, communicate, copy or permit the use or disclosure of any such information to any third party in any manner whatsoever except to the existing employees of Nomad or as otherwise directed by Nomad in the course of Influencer’s performance of Services under this Agreement, and thereafter only with the written permission of Nomad. Upon termination of this Agreement or upon the request of Nomad, Influencer will return to Company all of the confidential information, and all copies or reproductions thereof, which are in Influencer’s possession or control. 

6.	Performance of Services. Influencer will perform the Services at his/her own expense and use his/her own resources and equipment. Influencer acknowledges that the agreed upon compensation represents Influencer’s entire compensation with respect to this agreement and Nomad shall have no other obligation for any other compensation to or expenses or costs incurred by Influencer in connection with the performance of its obligations under this Agreement. If Influencer has obtained employees or agents (the “Influencer Personnel”), Influencer shall be solely responsible for all costs associated with Influencer Personnel.

7.	Material Disclosures and Compliance with FTC Guidelines. When publishing posts/statuses about Nomad’s products or services, Influencer must clearly disclose his/her “material connection” with Company, including the fact that Influencer was given any consideration, was provided with certain experiences or is being paid for a particular service. The above disclosure should be clear and prominent and made in close proximity to any statements that Influencer makes about Nomad or Nomad’s products or services. Please note that this disclosure is required regardless of any space limitations of the medium (e.g. Twitter), where the disclosure can be made via Hashtags, e.g. #sponsored. Influencer’s statements should always reflect Influencer’s honest and truthful opinions and actual experiences. Influencer should only make factual statements about Nomad or Nomad’s products which Influencer knows for certain are true and can be verified.

8.	Nomad Equipment. Nomad shall provide the equipment and information necessary to enable the Influencer to prepare the deliverables.

9.	Force Majeure. If either Party is unable to perform any of its obligations by reason of fire or other casualty, strike, act or order of public authority, act of God, or other cause beyond the control of such Party, then such Party shall be excused from such performance during the pendency of such cause.

10.	Independent Contractor. Influencer is retained as an independent contractor of Company. Influencer acknowledges and agrees that (i) Influencer is solely responsible for the manner and form by which Influencer performs under this Agreement, and (ii) Influencer is a self-employed individual, who performs services similar to the services outlined in Schedule A for various entities and individuals other than Nomad. Influencer is responsible for the withholding and payment of all taxes and other assessments arising out of Influencer’s performance of services, and neither Influencer nor any of Influencer’s employees or independent clients shall be entitled to participate in any employee benefit plans of Nomad.

11.	Basis for Termination.

(a)	Nomad may terminate the Influencer Agreement for any reason with a 30-day written notice of termination.

(b)	In the event of a material breach of any of the terms, conditions, covenants or provisions of this Agreement by Influencer, Nomad may terminate the Agreement immediately upon written notice.  In such event, Influencer shall refund to Nomad all amounts paid to it by Nomad pursuant to the terms of this Agreement, and Nomad may pursue any legal remedies available to it under Texas law.

(c)	In addition, in the event that the Influencer has breached this Agreement or in the event there are allegations of the Influencer committing any crime or an act (including any deliverable as part of the Services) that, in Nomad’s reasonable opinion shocks or offends the public or which manifests contempt or disregard for diversity, public morals or decency or may cause damage or be detrimental to the name, reputation or image of Nomad, Nomad may (i) immediately suspend, limit or terminate the Influencer’s access to any Nomad account and/or (ii) instruct the Influencer to cease all promotional activities or make clarifying statements, and the Influencer shall immediately comply.

(d)	In the event of termination of Influencer’s relationship with Nomad under this Agreement, Influencer shall immediately return to Nomad any and all products and equipment provided to him/her by Nomad (including but not limited to modems, accessories, wires, travel bags, batteries, and solar panels).  Influencer shall also return any and all paper, optical, electronic and other files, business plans, contracts, notes, memoranda, strategies, devices, books, documents, emails, passwords, keys, and any other material containing or disclosing any confidential or proprietary information. 

12.	Governing Law and Venue.  This Agreement and its construction and any disputes arising out of, connected with, or relating to this Agreement shall be governed by the laws of the State of Texas, without regard to its conflicts of law principles. Venue of all dispute resolution proceedings arising out of, connected with or relating to this Agreement shall be in Comal County, Texas, and Influencer agrees to submit to the exclusive jurisdiction of the courts located in Comal County, Texas.

13.	Indemnification. Influencer agrees to indemnify, defend, and hold Nomad and its affiliates and each of their respective officers and directors, employees, affiliates and agents harmless against any liabilities, losses, damages, costs or expenses, including any attorney’s fees, arising from any third-party claim, action or proceeding based upon or in any way related to the Services provided by the Influencer hereunder or any breach or alleged breach of this Agreement.

14.	No Disparagement. Influencer agrees that he/she shall not from the effective date of this Agreement make to any third party any false, negative, critical, defamatory or otherwise disparaging statements, written or oral, or cause or encourage others to make such statements, that defame the personal or business reputation, practices or conduct of Nomad, or any officer, employee, representative or agent of Nomad. Nomad will be entitled to both legal and equitable remedies, to the extent applicable, should Influencer breach the provisions contained in this Paragraph.

15.	Representations and Warranties. Influencer represents and warrants that (i) he/she has the full right and authority to enter into this Agreement and no further payments will be due to third parties with respect thereto; (ii) he/she is eighteen (18) years of age or older and is not a member of any union (e.g., SAG-AFTRA); (iii) he/she owns all rights in and to the social media account(s) associated with him/her; (iv) he/she shall perform the services and the obligations hereunder in compliance with all applicable laws in all respects and make all required disclosures;  and (v) any and all social media posts he/she makes do not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights.

16.	Disclaimer. Between Influencer and Nomad, Nomad products (if any) are provided “AS IS” without warranties of any kind. Except as expressly set forth herein, all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law. Nomad makes no guarantees and does not warrant that the Nomad products will be successful or generate any revenue for any party.

17.	Influencer Duties and Responsibilities.

a.	Nomad must be provided with a copy of any deliverable prepared by Influencer before it is published, and Influencer may not publish any deliverable without the express written approval of Nomad.  Nomad reserves the right to preview the draft video and require that Influencer make edits and/or revisions to the video as necessary.

b.	Influencer must notify Nomad of the exact date and time a video goes live, at least 72 hours before it goes live.

c.	Once a video is live on YouTube, Influencer may not mark the video as unlisted without Nomad’s written consent.

d.	Any video posted by Influencer pursuant to this Agreement must remain on YouTube for a minimum of 12 months, unless Nomad instructs Influencer to take the video down sooner.

e.	Nomad has the right to set the title and description of any video, as well as any hashtags included in the video or description of the video.

f.	If a video is listed on an Influencer’s blog or other social media outlet, Nomad must review and approve the content of the post prior to posting.

g.	Nomad has the right to enable or disable comments on any video at any time. Nomad will not perform customer service, monitor or respond to YouTube video comments if comments are enabled. Nomad is not responsible for any comments made to the videos.

h.	Should Influencer receive a comment on Influencer’s video that is customer support related, Influencer agrees to respond to the comment with a premade template provided by Nomad directing the commenter to Nomad’s customer support ticket form at support.nomadinternet.com.

i.	Before any video goes live, Nomad will provide to Influencer a negative keyword list to filter and block comments.  Influencer must take appropriate steps to filter and block comments that include any keywords on the list.  Nomad may update the keyword list at any time. 

j.	If Influencer fails to provide any deliverables in accordance with any schedule set out in the Agreement, Nomad may terminate this Agreement immediately, and Influencer must return any products or equipment provided to him/her by Nomad, and must refund all amounts paid to him/her by Nomad.  

18.	Guidelines for Performance.

a.	In performing the Services contemplated by this Agreement, Influencer shall at all times perform in an honest and ethical manner and will perform the Services to be provided under this Agreement in a professional, diligent, competent and workmanlike manner consistent with the highest standards and good practices in Nomad’s industry.

b.	Influencer may not post any videos about, concerning, or related to Nomad without the express written consent of Nomad.

c.	Influencer may not reveal or discuss with other influencers or anyone else this Agreement or make any public or other announcement concerning this Agreement (by way of publication, broadcasting or distribution of any advertising or other material) or any other matter disclosed to Influencer or that Influencer became aware of in the performance of Influencer’s obligations under this Agreement without the prior written approval of Nomad, which Nomad may withhold in its sole good faith discretion.

d.	Influencer may not utilize any of Nomad’s trademarks or other intellectual property without the express written consent of Nomad.

e.	If Influencer is discovered to be using fake followers, or bots, or to have manipulated YouTube in any way, Nomad may terminate this Agreement immediately and may seek any remedies available to it under Texas law.

f.	Influencer may not suggest, write, or relay anything that violates Nomad’s Terms of Service for its customers.

g.	The Influencer agrees that all of its videos, social media posts, blog posts, social media statuses, tweets, and/or comments should be in good taste and free of inappropriate language and/or any content promoting bigotry, racism or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age. The Influencer will not, directly or indirectly disparage or otherwise comment negatively on Nomad, its affiliates or any of each of their respective officers, directors or employees nor will the Influencer comment negatively on Nomad’s brands, products or those products of Nomad’s duly appointed third parties.

h.	Influencer may not make any statement or do anything or conduct herself/himself in a manner that disparages Nomad, or brings Nomad into disrepute, contempt, scandal or ridicule.  If Influencer commits any act or becomes involved in any situation or occurrence that brings Nomad into public disrepute, contempt, scandal or ridicule, or that tends to shock, insult or offend the community or that reflects unfavorably upon the reputation of Nomad, Nomad will have the right to terminate this Agreement immediately and may seek any remedies available to it under Texas law.

i.	Influencer’s deliverables should reflect his/her honest opinion regarding Nomad’s products and services.  Influencer should not make claims about Nomad’s products and services that do not reflect his/her personal experiences using them.

j.	Influencer acknowledges that Nomad’s success depends upon its reputation as a quality and service-oriented company and upon customer satisfaction. Influencer agrees that during the term of the Agreement and after the termination hereof that Influencer will not disparage or make any statement or communication (whether oral, written, or electronic) about Nomad that could be construed as negative or critical or which harms or has the tendency to harm the reputation or goodwill of Nomad.

19.	Notice. Where written notice is required, email is acceptable.

20.	Severability. If, for any reason, a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.

21.	Waiver. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision.
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