Referral Program Terms of Service

UPDATED: September 2022

About Our Program
The Harlow Referral Program (the “Program”) rewards you for referring your friends, family, colleagues, and beyond to use our all-in-one freelance tool.

As a Harlow referrer, you receive:

  • 15% recurring commission for every month your direct-billed referral stays on their subscription up to one year.
  • Commission payouts 1x a month via PayPal.

Your participation in the Program is subject to these Terms & Conditions, which may be referred to herein as the “terms.” By submitting an application to participate in the Program, you are consenting to these terms.

Getting Started
Fill out our Program Registration Form and click “Apply” to sign up!

After you complete the online application on the registration page, Harlow will provide email notification of any approval or rejection within 3-5 business days. If approved, you’ll have access to your own dashboard where you can access your referral link to receive credit when referring new freelancers.

Feel free to share your referral link wherever your audience follows you — whether that’s Twitter, Linkedin, YouTube, websites, or email. Once your referral starts paying, you’ll earn some cash.
Have a question about a pending referral or a merchant you referred that didn’t use your link? Don’t worry, you’ll be able to send us an email so we can take a look.

Commission Fees
Harlow affiliates earn a standard commission rate of 15% of net sales for all referrals who sign up using their unique referral link and subsequently purchase a Harlow subscription within 90 days after their initial click-through of the unique referral link. As used in these terms “net sales” means the total net retail dollar amount actually received by Harlow for subscriptions that are purchased excluding any discounts, chargebacks, credits, taxes (e.g., sales tax and VAT), service charges, credit card processing fees, bad debts, and cancellations. Harlow offers a 14-day free-trial period to all referrals; thus, commissions do not start accruing until referrers start paying. We reserve the right to reverse commissions due to refunded payments and erroneous subscription crediting. Commissions are paid out via PayPal. It is your responsibility to ensure your PayPal account details are accurate and up-to-date in order to receive payment. Affiliates are solely responsible for discharging all obligations under any federal, state, or local law, including, but not limited to, those relating to withholding taxes, income taxes, and the filing of all relevant returns and reports required related to affiliate’s receipt of any compensation in connection with the Program. Affiliate agrees to defend, indemnify, and hold Harlow harmless against any claims and demands whatsoever resulting from or related to affiliate’s failure or purported failure to comply with such requirements.

Affiliate must raise all compensation and commission disputes within sixty (60) days of receipt. If you dispute a commission payment, or non-payment, in excess of such sixty (60) day period, Harlow has no obligation to make or correct any such compensation payment.

Restrictions on Promotion
The Program is designed for affiliates to promote via their legitimate channels of influence only. Promotion via paid traffic (including any adword campaign), re-targeting, re-directing, discount and/or coupon site, or any other method that in the sole discretion of Harlow is not in accordance with the letter and spirit of these terms and conditions will result in any commissions so resulting being denied and puts your continued participation in the Program in jeopardy. Bidding on terms that replicate or are substantially similar (including intentional misspellings) to the Harlow™ trademark is strictly prohibited.

Content On Your Site
You are solely responsible for your Site, including its development, operation, and maintenance of all materials that appear on or within it. For example, you will be solely responsible for:

  • Displaying your referral link and associated content on your Site in compliance with these terms, all applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standard, self-regulatory rules, judgments, decisions, or other requirements of any applicable governmental authority, including those related to disclosures (for example, if applicable, the U.S. FTC Guides Concerning the Use of Endorsement and Testimonials in Advertising) and electronic marketing, data protection and privacy (for example, if applicable, the Directive 2002/58/EC (Privacy and Electronic Communications Directive), and the General Data Protection Regulation (GDPR) (EU) 2016/679), and any agreement between you and any other person or entity (including any restrictions or requirements placed on you by any person or entity that hosts your Site);
  • creating and posting, and ensuring the accuracy, completeness, and appropriateness of, materials posted on your Site;
  • using the Program content, your Site, and the materials on or within your Site in a manner that does not infringe, violate, or misappropriate any of our rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity, or other intellectual property or proprietary rights); and
  • disclosing on your Site accurately and adequately and otherwise satisfying applicable legal requirements, either through a privacy policy or otherwise, the use of cookies, pixels, and other technologies by you and third parties and how you collect, use, store, and disclose data collected from visitors in accordance with applicable laws, including, where applicable, that third parties (including us and other advertisers) may serve content and advertisements, collect information directly from visitors, and place or recognize cookies on visitors’ browsers, and providing information on the visitor’s choices with respect to opting-out from online advertising where required by applicable law.

Your Site will not be eligible for inclusion in the Program, and you may not post any Harlow referral link or Harlow advertising content on your Site, if your Site:

  • Promotes or contains false, deceptive, libelous, or defamatory materials;
  • Promotes or undertakes any illegal activities;
  • Promotes or contains materials or activity that is hateful, harassing, harmful, invasive of another’s privacy, abusive, or discriminatory;
    Violates another party’s intellectual property rights;
  • Promotes or contains sexually explicit or obscene materials; or
  • Promotes violence or contains violent materials or promotes, endorses, or incites potentially dangerous or harmful acts.

During the term of your participation in the Program, you agree to conduct yourself in a professional manner and at all times in a manner which conveys a positive message about Harlow, its products, and its services.

Intellectual Property
Any trademarks, service marks, copyrights, or other intellectual property owned by Harlow or any other artwork, graphics, photographs, content, or other materials provided by Harlow to affiliate (“Harlow Content”) for affiliate’s incorporation into any content created by affiliate shall remain the property of Harlow. Subject to these terms, Harlow grants affiliate a limited, non-exclusive, non-transferable, royalty-free license to use and publish the Harlow Content on affiliate’s Site(s) solely to the extent necessary for affiliate to perform affiliate’s obligations relative to the Program and under these terms. All rights not expressly granted herein are reserved to Harlow.

Representations and Warranties; Disclaimers
Affiliate represents and warrants to Harlow that:

  • Affiliate has the full right, power, and authority to enter into (e.g., you re not a minor or otherwise legally prevented from contracting) and fully perform in accordance with these terms, and the performance under these terms will not infringe upon the rights of any third party or violate the provisions of any agreement to which affiliate is a party;
  • Affiliate shall comply with all applicable laws, regulations, orders, and ordinances in the performance of affiliate’s obligations under these terms, including, but not limited to, the Federal Trade Commission’s (“FTC”) Guides Concerning the Use of Endorsements;
  • Affiliate will not post or publish any content that is libelous, defamatory, obscene, hateful, threatening, incites violence, or that promotes unsafe or illegal activities that could lead to an unsafe situation involving Harlow, its brand, products, services, or Harlow’s customers;
    Any content published by affiliate on any Site shall comply with the terms of use and other policies of that Site or platform;
  • Affiliate will not make any representations, warranties, or guarantees to any third-parties with respect to the specifications, features, efficacy, expected results, or other characteristics of Harlow’s products or services unless such statements have been approved in advance in writing by Harlow;
  • Affiliate will not participate in the Program if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Program;
  • Affiliate has independently evaluated the desirability of participating in the Program and is not relying on any representation, guarantee, or statement other than as expressly set forth in these terms;
  • Affiliate will comply with all U.S. export and re-export restrictions, and applicable non-US export and re-export restrictions consistent with U.S. law that may apply to the Program and any incorporated software, technology, and services; and
  • Affiliate will not make any public statement or commit any public act in derogation of Harlow, its brands, its products, or its services.

Affiliate expressly acknowledges and agrees that Harlow has not and does not make any representation, warranty, or covenant regarding the amount of traffic or commission income you can expect at any time in connection with the Program, and Harlow will not be liable for any actions you undertake based on your expectations.

THE PROGRAM, THE HARLOW SITE, ANY PRODUCTS AND SERVICES OFFERED ON THE HARLOW SITE, ANY SPECIAL LINKS, LINK FORMATS, CONTENT, DATA FEEDS, ADVERTISING CONTENT, OUR TRADEMARKS AND LOGOS, AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INTELLECTUAL PROPERTY RIGHTS, INFORMATION, AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE PROGRAM ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SAME. WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO SUCH OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY LAW, CUSTOM, COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING ON OUR SITE, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT OUR SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, VIRUSES, MALICIOUS SOFTWARE, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE SERVICE OFFERINGS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH YOUR PARTICIPATION IN THE ASSOCIATES PROGRAM, OR (Z) ANY TERMINATION OR SUSPENSION OF YOUR PARTICIPATION IN THE ASSOCIATES PROGRAM. NOTHING IN THIS SECTION WILL OPERATE TO EXCLUDE OR LIMIT WARRANTIES, LIABILITIES, OR REPRESENTATIONS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Term and Termination
Harlow shall have the right to terminate your participation in the Program at any time without cause or notice and in Harlow’s sole discretion. Provided that affiliate is not in breach of these terms, upon the termination of affiliate’s participation in the Program, Harlow shall have no further obligations or liabilities to affiliate except to pay affiliate that portion, if any, of the pro-rated commission based on calendar days prior to the effective date of termination. Upon termination of affiliate from the Program, affiliate will immediately cease using any Harlow Content on its Sites or otherwise. Affiliates terminated due to malicious publishing tactics will also have commissions revoked and face possible omission from the Harlow network.

Indemnification
AFFILIATE SHALL AT ALL TIMES DEFEND, INDEMNIFY, AND HOLD HARLOW, ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, INVESTORS, EMPLOYEES, LICENSEES, AGENTS, AND ASSIGNS HARMLESS FROM AND AGAINST ANY DAMAGES, COSTS, JUDGMENTS, PENALTIES, LIABILITIES, AND EXPENSES OF ANY KIND (INCLUDING OUTSIDE LEGAL FEES AND DISBURSEMENTS AND COSTS OF PURSUING ANY INSURANCE COVERAGE) (COLLECTIVELY, “LIABILITIES”), ARISING FROM OR RELATED TO, IN WHOLE OR IN PART: (I) ANY BREACH OF AN EXPRESS REPRESENTATION, WARRANTY, OR COVENANT MADE BY AFFILIATE HEREUNDER; (II) A VIOLATION OF ANY APPLICABLE LAW, RULE, REGULATION, OR GUIDELINE; (III) AFFILIATE’S NEGLIGENT OR INTENTIONALLY TORTIOUS ACTS.

Limitations on Liability
NEITHER HARLOW NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA ARISING IN CONNECTION WITH THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSION INCOME PAID OR PAYABLE TO YOU UNDER THESE TERMS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED. YOU HEREBY WAIVE ANY RIGHT OR REMEDY IN EQUITY, INCLUDING THE RIGHT TO SEEK SPECIFIC PERFORMANCE, INJUNCTIVE, OR OTHER EQUITABLE RELIEF IN CONNECTION WITH THESE TERMS. NOTHING IN THIS PARAGRAPH WILL OPERATE TO LIMIT LIABILITIES THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

Governing Law; Jurisdiction; Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho, without giving effect to its conflicts of law principles. Harlow and affiliate hereby consent and agree to the sole and exclusive jurisdiction and venue of the federal or state courts located in Idaho in connection with any claim, action, or dispute related to this Agreement or otherwise between the parties. The parties hereby waive any and all defense related to inconvenient forum.

Severability
In the event that any provision of these terms shall be deemed void or invalid under applicable law, the remaining provision shall remain in full force and effect.

Waiver
Any failure by Harlow to exercise any right granted herein will not in any event constitute a waiver of any such right.

Entire Agreement; Amendment
These terms constitute the entire agreement between Harlow and affiliate regarding the specific subject matter herein. Harlow reserves the right to amend these Program terms at any time, with or without notice to affiliate. Affiliate’s continued participation in the Program after the effective date of such amendment constitutes affiliate’s consent to such new terms.

Additional Terms
These Program terms are subject to any additional terms and conditions published by Harlow on its website, including our Terms of Service and Acceptable Use Policy. Processing of your data in connection with the Program is subject to our Privacy Policy at https://meetharlow.com/privacy/. To the extent these Program terms conflict with any of our other terms or policies, these Program terms shall govern.