Terms and Conditions for TaxBandits Referral Program

Eligibility

The TaxBandits Referral Program ("Program") is open to businesses and individuals (each a "Partner") who wish to refer clients to TaxBandits for IRS e-filing services. By participating in the Program, Partner agrees to the following terms and conditions.

Referral Process

TaxBandits will provide Partner with a unique affiliate link (the “Affiliate Link”) to share with potential TaxBandits clients. The Affiliate Link tracks clients referred by Partner to the Program.

Compensation

Partner may earn commission (the “Commission”) in the amount defined in the TaxBandits Portal (the “Portal”) for any service that is eligible for Commission (an “Eligible Service”) with a transaction that is qualifying (a “Qualifying Transaction”). All Commissions owed to Partner are tracked and calculated using a software tool TaxBandits makes available to Partner through the Portal.

Not all TaxBandits services are Eligible Services. Partner can access a list of Eligible Services through the Portal (the “Portal”). A Qualifying Transaction occurs when a transaction for an Eligible Service is paid for in full through an Eligible Account (as defined in this paragraph) . An “Eligible Account” is a TaxBandits account created by a new client of TaxBandits (a “New Client”) who applies for a TaxBandits account through Partner’s Affiliate Link. Partner is only eligible for Commissions when New Clients apply for a TaxBandits account through Partner’s Affiliate Link

TaxBandits will not pay more than one commission or similar referral fee for any client. A client will not be considered a New Client if:

  • TaxBandits is currently providing Client with services;
  • TaxBandits previously provided Client with services; or
  • Client was referred to TaxBandits by another party.

TaxBandits shall only be liable for payment of Commissions to the extent it receives all funds due and owing to it for a Qualifying Transaction. Accordingly, Partner shall not be entitled to any Commission on a Qualified Transaction that is refunded, for which there is a chargeback, or for which TaxBandits ultimately does not receive the sales proceeds. The Portal will show a list of the Partner’s Qualifying Transactions and payment history to Partner. Partner agrees that:

  • The data shown in Portal will govern payments to be made, subject to TaxBandits’ right to correct errors based on its own records; and
  • Records and payments will be deemed complete, incontestable, and final, thirty (30) days after the applicable Qualifying Transaction is made.

TaxBandits may change its Commission structure at any time by updating the Portal.

Payment Terms

Commissions will be paid monthly, in United States dollars, provided the accumulated balance in Partner’s account meets a minimum payout threshold of one-hundred dollars ($100.00)

Before any payments are made to Partner, Partner must:

  • Agree to the terms of this Agreement;
  • Complete all steps necessary to create an account in the Portal according to TaxBandits’ instructions; and
  • Complete any, and all tax documentation required to process payments to Partner.

Payments will be made via ACH transfer to a United States bank account. Partner is responsible for keeping all payment information updated and complete within the Portal. TaxBandits is not required to reissue payments returned due to the incorrect information provided by Partner.

Chargebacks, Offset, and Withholding

TaxBandits has the right to charge back Partner’s account or otherwise adjust for any previously paid Commissions that ultimately are not Commissionable under this Agreement. TaxBandits has the right to charge back Partner’s account if a Qualifying Transaction is charged back, refunded for any reason, or otherwise challenged after the Commission has been paid to Partner.

TaxBandits has the right to offset any Commissions due and payable to Partner for any amounts Partner owes to TaxBandits, including but not limited to chargebacks on Qualifying Transactions for which Partner has already received a Commission.

TaxBandits has the right to withhold up to 20% of the Commissions due (“the Withholding”) for a period of ninety (90) days to ensure an ability to offset any chargebacks.

Account Cancellation

TaxBandits may, in its sole discretion, terminate or close any Eligible Account for any reason, at any time, without compensation to Partner.

Partner Responsibilities

Partner is responsible for sharing its Affiliate Link in a manner that complies with all applicable laws, regulations, and advertising standards, including but not limited to all Federal Trade Commission advertisement endorsement guidelines. Partner must comply with the rules of any platform on which they promote or post about TaxBandits, including all disclosure requirements.

Partner may not engage in spam, misleading marketing, or unauthorized use of the TaxBandits brand or logo. Partner will not make any factual statements about TaxBandits or its services that are untrue or cannot be verified as true.

During the term of this agreement, Partner may not engage in any marketing or promotional activities for any other IRS e-file provider that competes with TaxBandits.

Partner will only use intellectual property which it has authority to use. Partner will not use the intellectual property of any third-party without both the third-party's authorization and the authorization of TaxBandits that they would want that intellectual property used in association with its brand. Partner must respect the legal and privacy rights of others and will not include any person or their personal information in promoting TaxBandits without the approval and requisite consent forms of both that individual and TaxBandits.

Partner must adhere to the TaxBandits Brand Guidelines, as posted in the Portal from time to time, and only use the TaxBandits logo in the form made available in the Portal for all promotional materials.

Program Modifications

TaxBandits reserves the right to modify or terminate this Agreement at any time, with reasonable notice provided to Partner. Changes will be posted in the Portal and will not affect commissions earned prior to the effective date of the modification.

Nondisparagement

It shall be a material breach of this Agreement if, at any time during the term or thereafter, Partner makes any disparaging, false, misleading, or otherwise defamatory comment(s) about SPAN Enterprises, LLC and/or its employees, agents, directors, officers, affiliates, products, and/or services.

Term and Termination

This agreement becomes effective on the date Partner signs or accepts these terms and will continue for one (1) year. At the end of each term, Partner may renew this Agreement for another year by opting to renew in the Portal. Either Party may terminate this Agreement, at any time and for any reason, effective immediately upon written notice to the other Party.

After termination of this agreement, Partner will receive commissions owed for any Qualifying Transactions that were completed before the date of termination. Upon termination of the agreement, Partner’s affiliate link will be deactivated. Partner will not receive a commission for any transaction completed after the agreement is terminated or expires.

Limitation of Liability

Taxbandits is not responsible for any indirect, incidental, or consequential damages arising from participation in the program. If, notwithstanding the other terms of this agreement, taxbandits is determined to have any liability to partner or any third party, the parties agree that taxbandits’ aggregate liability will be limited to the total commission amounts partner has actually earned for the qualifying transactions in the twelve-month period preceding the event giving rise to a claim.

Indemnification

Partner agrees to indemnify, defend, and hold harmless TaxBandits and TaxBandits’ affiliates and subsidiaries, and their respective employees, officers, directors, agents, and assignees against and from any and all claims, liabilities, damages, judgments, penalties, losses, and costs, including reasonable attorney's fees and costs, arising out of, or relating to, or in connection with any material breach by Partner or Partner’s representatives of any warranty, covenant, or obligation of Partner under this Agreement. The obligations set forth in this Section 12 shall survive the expiration or termination of this Agreement.

Governing Law and Venue

These terms and conditions are governed by the laws of South Carolina. Any legal suit, action, or proceeding arising out of, or related to this Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of South Carolina, in each case located in the City of Rock Hill and County of York. Partner waives any, and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Independent Contractor Status

Partner is an independent contractor, and nothing in this agreement shall be construed to create or imply an employment or agency relationship or a partnership or joint venture between TaxBandits and Partner. Partner does not have authority to bind TaxBandits to any contract or obligation or to make any statements, representations, warranties, or commitments on behalf of TaxBandits.

Assignment

Partner may not assign this agreement, or any part thereof, to a third party without the prior written consent of TaxBandits.

Entire Agreement

This Agreement constitutes the entire understanding between Partner and TaxBandits regarding the subject matter hereto and cannot be altered or modified except by an agreement in writing signed by both Parties. This Agreement supersedes all prior negotiations, understandings, and agreements, whether oral or written, regarding the subject matter hereto, and such prior agreements shall thereupon be null and void and without further legal effect.

By participating in the TaxBandits Referral Program, you acknowledge that you have read, understood, and agreed to these terms and conditions.