Affiliate Terms & Conditions

As a Rocktomic Affiliate, You have the opportunity to earn money from (i) commissions for Rocktomic IBO accounts that You sell to other users, and (ii) at certain levels, bonuses when the people you sell to, sell to others. This Agreement sets forth Your rights and obligations as a Rocktomic Affiliate. By clicking “I Agree” below you indicate that You have read and understood this Agreement and You will be bound by its terms.

1. PARTIES. All references to “Rocktomic” herein mean and refer to Rocktomic Labs LLC, a Georgia owned LLC, doing business as Rocktomic, and Rocktomic Labs LLC owner(s), parent company(ies), affiliate entities, and employees, and assigns. All references to “You” and “Your” mean and refer to that Rocktomic Affiliate who has executed this Agreement by clicking “I Agree.” Rocktomic and You are each referred to herein as a “Party,” and collectively as the “Parties.”

2. INDEPENDENT CONTRACTOR. You are an independent contractor of Rocktomic. It is the express understanding and intention of the Parties that no relationship of master and servant or principal and agent shall exist between Rocktomic and You by virtue of this Affiliate Agreement.

3. TERM AND TERMINATION. Your contract with Rocktomic begins when You click “I Agree,” and will continue month-to-month until either:
           A. Rocktomic cancels Your account due to Your breach of any of the terms of this Agreement or at their decision to terminate program. In the event this Agreement is cancelled due to Your breach, You forfeit all Commissions and Bonuses owed to You or that may in the future be owed to You.

     or

           B. Rocktomic or its successors or assigns, in its sole and absolute discretion, cancels Your Affiliate Agreement. In the event that Rocktomic or its successors or assigns cancels Your Affiliate Agreements, You will first receive thirty (30) days’ written notice, sent to the e-mail address you provided Rocktomic on the Affiliate information page and that is associated with your Affiliate profile.

4. COMPENSATION.
         A. COMMISSIONS. After You enter your personal info and click “I Agree” to the terms of this Agreement, You will receive a unique Affiliate URL, which You will use to advertise Rocktomic. When another person (a “Prospect”) clicks through that URL, a cookie (or similar tracking technology (hereinafter “Cookie”)) will be set in the Prospect’s browser. When the Prospect creates a Rocktomic account by using Your Affiliate Link, the Cookie on the Prospect’s browser, corresponding to Your unique URL, registers a “Sale,” and each such account is a “Sold Account.” In the event that a Prospect has multiple Affiliate Cookies, the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. You will be paid a commission for each Sold Account that remains funded for 30 Days. (Anyone who cancels or disputes the payment automatically causes the commission to be void if cancelled within 120 days.)

The “cookie” attribution is valid for 365 Days at which point the cookie will be considered expired and any other affiliate or any signup from that point will not be attributed to your file.

The Commission amount is 50% of all membership amounts received by Rocktomic for a Sold Account plus 10% of all upsells post purchase for both one time transactions (5) and residual transactions (2). For example you would receive a 10% commission on our Label Bundle upsell priced at $197.00 and would receive a one time commission of $19.70. As an example for our residual transaction upsell if a client selects our NSF Program which is priced at $57/mo you would receive an ongoing $5.70 commission per month as long as the client is actively paying for this membership. All affiliates start out on NET-15 payment terms.  We process payouts on the 10th and 25th of each month. If you for example had a client signup using your affiliate link on the 7th of the month you'd receive your commission on the 25th of that month.

Sold Dates during month will be paid out based on the rules of a month

 (1-Approx 15-30 days will go by before you receive your first commission as an affiliate.

         B. BONUSES. 2nd tier structured programs are available upon request and review subject to qualifications and approval.

         C. TAXES. Before You can be paid any Commission or Bonuses, You must provide Rocktomic a VALID completed W-8 or W-9. You will be deemed to have permanently waived all rights to Commissions or Bonuses that were earned more than 120 days before submitting a completed W-8 or W-9 to Rocktomic. You are responsible for any and all tax liabilities, including without limitation income tax liabilities that arise from or in any way relate to any commissions or bonuses You receive from Rocktomic. If You are not a resident of the United States, Rocktomic may withhold tax (including without limitation VAT) where required to by applicable law. Where Rocktomic is required to withhold tax, Rocktomic will document such withholding.

         D. MINIMUM COMMISSION AND BONUS PAYMENT. Your combined commission and bonus amount must equal or exceed three hundred dollars and 00/100 Dollars ($300.00) before You receive a payment from Rocktomic. If Your combined commissions and bonuses for a given period are less than $300.00, Your commissions and bonuses will be held until Your combined commissions and bonuses equals or exceeds $300.00.

            E. COMMISSION AND BONUSES PAID FOLLOWING LEGITIMATE SALE. Commissions and Bonuses are paid only for transactions that actually occur between Rocktomic and a Sale or a Legacy Sale. If the transaction does not actually occur, or if payment from a Sale or Legacy Sale is not actually received by Rocktomic, You will not paid a Commission or Bonus on the transaction. If payment for a Sold Account or a Legacy Account later results in a refund or chargeback with 120 days, and if a commission or bonus was paid to You for that Sold Account or Legacy Account payment, then the commission or bonus will be deducted from Your future commissions. If Rocktomic determines, in its reasonable discretion, that any Sale or Legacy Sale was procured fraudulently or as a result of any violation of this Agreement, no Commission or Bonus will be paid for such Sale or Legacy Sale. If any Commissions or Bonuses are paid for a Sale or Legacy Sale that was produced fraudulently or as a result of any violation of this Agreement, and the fraud or violation is discovered by Rocktomic after payment, such payment amounts shall be deducted from Your future commissions and bonuses and Rocktomic would reserve the right to cancel your affiliate account.

            F. U.S. DOLLARS. PAYMENT PROCESSING FEES. All commissions are paid in US Dollars. Depending on what payment processor or payment method You instruct Us to use, processing fees will be deducted from Your Commissions payment if applicable.
5. MARKETING AND RECRUITING.
            A. TRUTHFUL. Anything You communicate in marketing or advertising any Rocktomic service or opportunity must be true and accurate. Claims that relate to any Rocktomic service or opportunity that are untrue or fraudulent are strictly prohibited. You may not claim that any government, person, or entity endorses or supports Rocktomic. You may not use the intellectual property of any other person or entity in advertising any Rocktomic service or opportunity.
            B. DISCLAIMER. On any website that You advertise any Rocktomic service or opportunity, You must plainly display (i.e., not in a link, or in small font) the following disclaimer language:
Disclosure: I am an independent Rocktomic Affiliate, not an employee. I receive referral payments from Rocktomic. The opinions expressed here are my own and are not official statements of Rocktomic or its parent company, Rocktomic Labs LLC.

           C. NON-DISPARAGEMENT. You are not permitted to disparage the products of services of any other person or entity, including without limitation the products or services of a competitor of Rocktomic.

You also agree to a “gag order” related to any issue that may arise with Rocktomic and you specifically. You agree to resolve any dispute through emailing the CEO at B.Morgan@Rocktomic.com and agree further not to post any negative information related to Rocktomic. A pre agreed liquidated damages amount of $1500.00 Per Day is in effect if you post any negative feedback.

           D. INVENTORY LOADING/REBATES. You will not be paid any Commission or Bonus for payments made on your own User Account(s). You are not permitted to open a Rocktomic account under the name of another person or entity, or under a fictitious name. You are not permitted to open a Rocktomic account under any name merely for the purpose of obtaining Commissions, Bonuses, or any other compensation, including without limitation incentives or prizes which may be offered from time to time. You may not pay for another person’s account. You are not permitted to offer cash rebates or other monetary incentives to actual or potential Sales or Legacy Sales. Violation of this paragraph shall constitute a material breach of this Agreement, and You agree to repay to Rocktomic all Commissions and Bonuses earned as a result of any such violation.

           E. INCOME CLAIMS. If your recruiting efforts include claims related to the potential income a Rocktomic Affiliate can make, or if You make reference to income You have made, or if You make reference to any lifestyle opportunities You have because of Rocktomic, the following guidelines must be adhered to:
                    1. Your statements must be completely true and accurate and supported by evidence;
                    2. If You use a hypothetical scenario, You must clearly label it as a hypothetical scenario; and
                    3. Your statements must be accompanied by the Rocktomic Income Disclosure Statement.

6. ROCKTOMICS’ INTELLECTUAL PROPERTY. No logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information (collectively, the “Rocktomic Intellectual Property”) owned by Rocktomic may be used, copied, or reproduced by You except as set forth below. No Rocktomic Intellectual Property (or any mark confusingly similar to any Rocktomic Intellectual Property) is to be advertised for sale or registered as a domain name by You in any fashion.

You may use the RocktomicTM or PLDSTM trademarks to advertise Rocktomic. Any time You use the TM marks, You must do so in a way that is not likely to confuse readers or cause them to think that You are speaking for Rocktomic. Whether Your use of RocktomicTM is confusing will be determined by Rocktomic in Rocktomics’ sole and absolute discretion. If it’s determined your use is outside normal or what we deem acceptable, you will immediately rectify the situation or risk being terminated from the system if the change demand is ignored. The following guidelines, which may be changed or added to at any time, are designed to help avoid reader confusion:

- You must not use the “voice” of, or purport to speak on behalf of, Rocktomic.
- Any time You use the word “Rocktomic” it must be immediately followed by the letters “TM” in superscript caps.
- When used in prose, Rocktomic TM must be used in the same font as the rest of the prose.
- When used other than in prose, RocktomicTM must be used in the font employed by Rocktomics’ corporate marketing in Rocktomic’ corporate logo.
- On any website or social media platform on which You use the word RocktomicTM, you must include the disclosure identified in paragraph 5(B) above.
- You may use only such other images, photographs, and trademarks as Rocktomic expressly authorizes in writing.
- If you have any questions regarding your use of any ROCKTOMIC TM mark, please contact: Rocktomic Support

7. RELEASE/AUTHORIZATION TO USE PHOTOGRAPHS AND ALL END USER DATA POINTS, “EUDP”. You grant ROCKTOMIC permission to use any and all photographs or EUDP taken or received by Rocktomic or its agents or employees, or submitted by You to Rocktomic (hereinafter “Photographs” or “EUDP” in any Media (including print, internet, film, television and no matter how distributed or published or submitted) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Rocktomic or any product or service sold and marketed by ROCKTOMIC now or in the future. You agree and grant full authorization to use these Photographs or EUDP and further acknowledge that they may be assigned by Rocktomic to any other party. You agree that that the Photographs or EUDP may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in Rocktomics sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against Rocktomic in exchange for this Release and Assignment. You hereby release and forever discharge Rocktomic from any and all liability and from any damages You may suffer as a result of the use of the Photographs and EUDP. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable and we have full ability to unilaterally act as we see fit or so choose.

8. PROHIBITED ACTIVITY. Rocktomic has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following or simply at their discretion:

                  A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Rocktomic’s reputation; and the violation of the rights of Rocktomic or any third party.

                  B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to Rocktomic’s reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.

                 C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.

9. INDEMNITY. You agree to protect, defend, indemnify and hold harmless Rocktomics, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of the Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against Rocktomic for liability for payments for, damages caused by, or other liability relating to, You.

10. NO WARRANTY; NO LEADS. Rocktomic does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that Rocktomic will not at any time provide sales leads or referrals to You. Additionally, Rocktomics WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. ROCKTOMIC MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY ROCKTOMIC WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. ROCKTOMIC MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY ROCKTOMIC WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY ROCKTOMIC WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY ROCKTOMICS’ WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY ROCKTOMICS’ WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

11. LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT SHALL ROCKTOMICS’ LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF TWO (2) TIMES THE COMMISSIONS AND BONUS PAYMENTS PAID TO YOU FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST ROCKTOMICS OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.

12. FORCE MAJEURE. Rocktomic will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Rocktomic. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Rocktomic shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.

13. ASSIGNMENT. Rocktomic may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without Rocktomic or its assigns express written consent.

14. ARBITRATION, GOVERNING LAW, AND ATTORNEYS’ FEES.
                  A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against Rocktomic including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Gwinnett County, Georgia. You agree not to file suit against Rocktomic or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and Rocktomic. In the event that You and Rocktomic are unable to reach agreement on an Arbitrator, You and Rocktomic will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Gwinnett County, GA. The arbitrators selected by You and Rocktomic will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and Rocktomic and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.

                 B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Georgia without regard to any choice of law provisions.

                C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against Rocktomic to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against Rocktomic may not be joined or consolidated with claims brought by anyone else.

                D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.

                E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents Rocktomic from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Rocktomics’ rights prior to, during, or following any arbitration proceeding.

                F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either Your or Rocktomic commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.

15. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties and supersede any other written or oral agreement between the Parties as pertaining to Your rights and responsibilities as a Rocktomic Affiliate.

16. MODIFICATION/AMENDMENTS. This Agreement and Rocktomic standard US may be modified, amended or cancelled by Rocktomic at any time, with or without prior notice to You. Amendments or Modifications to this Agreement will be binding on You when they are sent to You via e-mail, or are posted in the Affiliate Center. No amendment to this Agreement or the Terms and Conditions shall be valid unless issued, authored or signed by Rocktomic. Your continued acceptance of Commission or Bonus payments constitutes Your acceptance to any modifications or amendments to this Agreement. Any disputes that arise following or due to any change would result in any funds exchanged to be owed back to Rocktomic if dispute arises.

17. NO WAIVER. No waiver by Rocktomic of any right reserved or granted to Rocktomic under this Agreement shall be effective unless the waiver is in writing and signed by Benjamin Morgan, a Co-Founder of Rocktomic Labs LLC

18. NOTICE. Any notice required to be given to Rocktomic under or related to this Agreement shall be in writing, addressed as follows:

Rocktomic Labs

Attn: LEGAL

2825 Breckenridge Blvd Ste 170

Duluth GA 30096

e-mail: support@rocktomic.com

Rocktomic will send notices to You at the e-mail address You provided to Rocktomic. Any notices shall be deemed delivered to You when sent by Rocktomic. You are solely responsible for addressing any technical failures related to Your e-mail address or server, and for reading any e-mail sent to You. Rocktomic may also provide notice to You by posting information in the Affiliate Center.

19. SEVERANCE. In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement, as so modified, shall continue in full force and effect. Any part of this agreement that remains enforceable despite any inaccuracy shall remain in effect.

20. NON COMPETITION/SOLICITATION. I acknowledge that I may receive proprietary and confidential data or information of Rocktomic and/or Rocktomic Provider(s) which is not publicly known or available to the competitors of Rocktomic or Rocktomic Providers, including but not limited to information about Rocktomic Products, customers, and IBOs (‘Confidential Information’), and I agree that I shall treat such Confidential Information as strictly confidential and that I may not, directly or indirectly use, sell, lend, lease, distribute, license, give, transfer, disclose, disseminate, reproduce or otherwise communicate any such Confidential Information to any person or entity for any purpose other than as authorized by Rocktomic in writing. I represent and warrant that I will comply with all Rocktomic policies and procedures relating to confidential and proprietary information, and I agree that all prohibitions against disclosure of Confidential Information shall survive the termination of this Agreement.

During the term of this Agreement, and for 24 months upon the expiration of this or any renewed version, I agree that I shall not, directly or indirectly, sell or solicit any customer of Rocktomic to purchase any product that is the same as or similar to any Rocktomic Product, offered by another provider or distribution channel other than as specifically designated or approved in writing by Rocktomic. I agree that I shall not, during the term of this Agreement and for a period of two (2) years thereafter, directly or indirectly, divert, entice, knowingly call upon, sell or solicit, take away or move any customer of Rocktomic, any other Rocktomic Company or any Rocktomic Provider, whether or not I originally procured or brought such customer to Rocktomic, any other Rocktomic Company or Rocktomic Provider (such activities are collectively referred to and included herein as ‘solicitation’). All customers solicited by an IBO on behalf of Rocktomic, any other Rocktomic Company or Rocktomic Providers are deemed to be customers of Rocktomic, the other Rocktomic Company or the Rocktomic Provider (as applicable) and not of the IBO. I grant Rocktomic full access and rights therefor to their customers. I understand that such non-solicitation prohibition shall be strictly enforced and that each other Rocktomic Company and each Rocktomic Provider shall be a third-party beneficiary of this prohibition. Further, during the term of the Agreement and for a period of two (2) years thereafter, I may not enter into a direct marketing relationship with any Rocktomic Provider or any other distribution or sales channel for any Rocktomic Provider. During the term of this Agreement and for a period of two (2) year thereafter, I shall not solicit a Rocktomic Company IBO, whether active, inactive, individual or entity, to participate in any other distribution or marketing program offered by any other company. Each Rocktomic Company shall be a third-party beneficiary of this prohibition. Without limiting in any way Rocktomic’s or any other Rocktomic Company’s right to pursue all rights and remedies available to it, violation of this covenant and condition will result in, but is not limited to, forfeiture of all rights in any IBO position and Rocktomic Payments, including all current and future commissions, bonuses and payments of any kind.

Accepted, Acknowledged and fully Approved by clicking accept, signing below or performing any work for which you demand compensation outlined in this agreement. Your compliance is viewed as acceptance of all these terms and conditions and no section can be ignored or overlooks via neglect or other outcome. Rocktomic can update or change these methods by updating this policy and it will be in effect as soon as such changes, if any, are posted to the website.
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