Affiliate Terms and Conditions

Newport Driving School – California

1. Introduction

These Affiliate Terms and Conditions (“Agreement”) govern the relationship between Newport Driving School (“Company”) and the approved Marketing or Referral Affiliate named at the end of the Agreement (“Affiliate”). By participating in the Affiliate Program, Affiliate agrees to be bound by this Agreement.

2. Eligibility

• Affiliate must be 18 years of age or older.
• Affiliate must legally authorized to work in the United States.
• Affiliate must be expressly approved by Company in writing prior to the commencement of any services hereunder.
• Company reserves the right to terminate any Affiliate at its sole discretion for any reason permitted by law.

3. Nature of the Relationship

• This Agreement creates a non-exclusive business relation
• Nothing herein shall be construed as creating an employment relationship, agency, franchise, or joint venture.
• Neither party may bind the other without prior written consent of the party to be bound.

4. Affiliate’s Activities

Affiliate is hereby authorized to, and agrees to, promote Company’s driving and traffic school services using approved referral links and materials, subject to the restrictions set forth in this paragraph.

Affiliate must not:

• Make false, misleading, or exaggerated claims (including, without limitation, in relation to any guarantees of ticket dismissal, point reduction, insurance impact, or court outcomes)
• Represent themselves as a court, DMV, law enforcement agency, or legal authority
• Use spam, deceptive advertising, or unlawful marketing practices
• Violate any federal, state, or local laws, including California consumer protection laws

5. Revenue Sharing / Commission

• In exchange for Affiliate’s referral of business to Company, Company shall pay Affiliate a 10% commission on qualifying sales generated through approved tracking methods.
• Commissions only be paid in relation to completed and paid enrollments that are not refunded, reversed, or charged back.
• Company reserves the right to exclude certain discounts, promotions, or services from commission eligibility in its discretion.

6. Tracking and Attribution

• Affiliate’s commissions shall only be paid in relation to bookings made using Affiliate’s unique link.
• Company shall not be responsible for lost tracking due to technical issues or customer actions.

7. Payment Terms

• Affiliate payments are issued twice per month:
  • Earnings from the 1st–15th are paid during the second half of the month
  • Earnings from the 16th–end of month are paid during the first half of the following month
• Minimum payout threshold: $50
• Payment method: ACH, PayPal, Direct Deposit or another approved method
• Affiliate is responsible for all applicable federal, state, and local taxes.

8. Compliance with Laws

Affiliate must comply with all applicable laws and regulations, including:

• FTC endorsement and advertising guidelines
• California Business & Professions Code
• Truth-in-advertising and unfair competition laws
• Regulations governing driving and traffic school advertising

Without limiting the foregoing, Affiliate must clearly disclose Affiliate’s relationship with Company in all applicable communications, such as:
“I may earn compensation for referrals to Newport Driving School.”

9. Intellectual Property

• Affiliate shall have a limited, non-exclusive, revocable license to use Company’s approved trademarks and materials solely in relation to their performance of services hereunder.
• All intellectual property remains the exclusive property of Company.
• Unauthorized use may result in immediate termination.

10. Confidentiality

Affiliate agrees to keep confidential all non-public information related to Company, including pricing, commissions, internal processes, and business operations, except to the extent the same may enter the public domain through no fault of Affiliate.

11. Termination

• Either party may terminate this Agreement at any time, with or without notice.
• Upon termination, Affiliate must immediately stop using all branding, links, and materials.
• Company may withhold or revoke commissions in cases of fraud, abuse, or breach of this Agreement in an amount commensurate with Company’s reasonable damages associated therewith.

12. Limitation of Liability

To the maximum extent permitted by California law, Company shall not be liable for any indirect, incidental, special, or consequential damages arising from any breach or alleged breach of this agreement by Company.

13. Indemnification

Affiliate agrees to indemnify and hold harmless Company from any third party claims, damages, losses, or expenses arising specifically from:

• Affiliate’s marketing or referral activities
• Affiliate’s breach of this Agreement
• Affiliate’s violation of any applicable law or regulation

14. Modifications

Company reserves the right to modify these Affiliate Terms and Conditions at any time. Continued participation after notice of such alterations shall constitute Affiliate’s acceptance of the updated terms.

15. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles.

16. Contact Information

For inquiries, contact:
driving@newportdrivingschool.com