Partner Program Agreement
Version 1.0. Effective [DATE].
1. About this agreement
This agreement is between Hurt Square, referred to here as we or us, and the person or organization applying to promote Hurt Square products for commission, referred to here as you or the Partner.
Submitting an application confirms that you have read this agreement and agree to be bound by it if you are accepted.
Hurt Square publishes recovery documentation guides for people injured in motor vehicle collisions and at work in Canada. Our readers are often in pain, frightened, and dealing with an insurer for the first time. Everything in this agreement exists to protect them.
2. Definitions
Partner Link means the unique tracking link or discount code issued to you.
Qualifying Sale means a completed, paid, non-refunded order placed through your Partner Link within the attribution window, excluding Excluded Products.
Excluded Products means Licence Block products, bulk or institutional orders, and any product we designate in writing.
Net Sale Value means the order value after any discount is applied and before taxes and payment processing fees.
3. Acceptance into the program
Applications are reviewed manually. We do not accept applicants automatically.
We may decline any application without giving reasons. Acceptance is confirmed by email and takes effect only when you receive that confirmation.
You must be at least 18 years of age and resident in Canada, unless we agree otherwise in writing.
4. Who cannot join this track
You are not eligible for commission if you are a regulated health professional, lawyer, paralegal, licensed insurance adjuster or broker, or any other professional who owes a duty of care or a fiduciary duty to injured people, where recommending a product for payment would place you in a conflict of interest.
This is not a judgment about you. Canadian regulatory colleges and law societies restrict or prohibit accepting commission on products recommended to patients or clients, and we will not put your licence at risk.
If this describes you, please apply instead to the Hurt Square Referral Network, which offers a patient discount code, a complimentary reference copy and intake materials at no cost, with no payment to you.
If you join a regulated profession while enrolled as a Partner, you must tell us within 14 days so we can move you to the Referral Network.
5. Commission
- Commission rate: 30 percent of Net Sale Value
- Attribution window: 60 days, last click
- Refund hold: 30 days from order date
- Minimum payout: $50 CAD
- Payment schedule: monthly, on or about the 15th
- Payment method: Interac e-Transfer or PayPal
- Currency: Canadian dollars
The window is sixty days rather than the thirty that is more common because this is not usually a same day purchase. The first weeks after an injury tend to be taken up with appointments and phone calls, and the paperwork that sends someone looking for a system arrives after that. A shorter window would quietly take the credit away from whoever did the work.
No commission is payable on Excluded Products, on orders you place yourself or that are placed by your household, on orders that use a sitewide promotional code issued by Hurt Square rather than your Partner Link, on orders that are refunded, cancelled or charged back, or on orders generated through conduct prohibited under section 7.
Commissions are approved after the refund hold period. Balances below the minimum payout roll forward to the following month.
Commission rates may change on 30 days' written notice. Any change applies only to sales made after the notice period ends.
6. Tracking
Attribution is handled by our affiliate platform and is final. We will investigate any discrepancy you raise in good faith within 60 days of the order date, but our records govern.
Cookie stuffing, forced clicks, iframe injection, browser extensions that overwrite attribution, and any other artificial attribution method will end your participation immediately and forfeit unpaid commission.
7. Prohibited conduct
These terms are not negotiable. Breaching any of them ends your participation immediately and forfeits unpaid commission.
7.1 No advice claims
You must not state or imply that Hurt Square products constitute legal, medical, financial or insurance advice, replace a lawyer, physician or regulated health professional, will secure, increase or accelerate a settlement, benefit or claim approval, or guarantee any outcome of any kind.
Hurt Square products are documentation tools. Please describe them that way.
7.2 No crisis moment targeting
You must not promote Hurt Square at or near collision scenes, emergency departments, hospitals, urgent care centres, walk in clinics, tow yards or collision repair facilities.
You must not make unsolicited contact with people identified from police reports, court records, collision records, hospital records, tow records, or any purchased or scraped injury lead list.
You must not post in support, grief, recovery or injury groups, online or in person, without documented written permission from a group administrator, which you must provide to us on request.
Someone who has been hurt in the last hour is not a sales opportunity. Approaching them at that moment would damage them and it would end this brand.
7.3 No misrepresentation
You must not describe yourself as an employee, agent, spokesperson or representative of Hurt Square. You must not speak on our behalf, or answer customer service, refund, legal or medical questions as though you were us. You must not create websites, social accounts or email addresses that appear to be operated by Hurt Square. You must not use the name or likeness of any individual associated with Hurt Square, because Hurt Square is a brand only company and does not use founder identity in any public material.
7.4 No search or domain interference
You must not bid on Hurt Square, hurtsquare, or close misspellings in paid search, and you must not register domains containing those terms.
7.5 No unsolicited email or messaging
All email and text promotion must comply with Canada's Anti-Spam Legislation. You must not send commercial messages to purchased, rented, harvested or scraped lists. You must hold valid consent and include working unsubscribe information in every message.
7.6 No deal site listing
You must not list Hurt Square codes on coupon aggregators, deal forums or discount databases without our written permission.
7.7 Content standards
You must not associate Hurt Square with content that is discriminatory, hateful, sexually explicit, defamatory or unlawful, or with misinformation about injury, insurance or medical care.
8. Disclosure
Canadian law requires it and so do we.
Every post, video, email, story and page carrying your Partner Link or code must clearly and conspicuously disclose that you earn a commission. The disclosure must be placed first, meaning at the start of a caption, before the link, within the opening 30 seconds of video, and spoken aloud where there is audio. It must be plain, such as "I earn a commission from this link" or the tag #affiliate or #CommissionEarned. It must be visible without the reader taking any action, so not hidden behind a more button, not buried in a hashtag block, and not left only in your bio.
Responsibility for disclosure is shared between you and Hurt Square, so a failure on your part exposes us both. We will ask you to correct a missing disclosure once. A second failure ends your participation.
9. Approved copy
For your first 90 days you may use only the descriptions, headlines, statistics and images supplied in the Partner Kit. This protects the accuracy of what we publish and keeps the brand voice consistent.
After 90 days in good standing you may write your own copy, provided it complies with sections 7 and 8. We may ask you to correct or remove any material at any time.
10. Brand and intellectual property
We grant you a limited, non-exclusive, revocable and non-transferable licence to use the Hurt Square name and logo solely to promote our products under this agreement.
You must not alter, recolour, stretch or combine the logo with other marks, and you must not use it in a way that suggests endorsement of anything other than Hurt Square products.
Hurt Square products are copyrighted. You must not reproduce, excerpt beyond the single sample page provided in the Partner Kit, resell, bundle, give away or share any product file.
All rights in the Hurt Square name, logo, content and materials remain ours. This licence ends when this agreement ends, and you must stop using our materials within seven days.
11. Your status
You are an independent contractor. This agreement does not create an employment, partnership, agency, joint venture or franchise relationship.
You are responsible for your own income tax and for GST or HST registration and remittance if it applies to you. We do not withhold tax. We may require your legal name, address and tax information before issuing payment, and we may report payments as required by law.
You are responsible for the cost of your own promotion. We do not reimburse expenses.
12. Term, suspension and termination
This agreement runs for 12 months from acceptance and renews automatically unless either party ends it.
Either party may end this agreement at any time on 14 days' written notice, without reason.
We may suspend your account immediately and without notice where we reasonably believe a term of section 7 or 8 has been breached, while we investigate.
On ordinary termination, approved commissions already earned are paid on the next scheduled payment date, whether or not the minimum threshold is met.
On termination for breach of section 7, or for fraud or artificial attribution, unpaid commission is forfeited.
Accounts with no Qualifying Sale for 12 consecutive months may be closed.
13. Confidentiality
Commission rates, conversion data, product roadmaps and any non-public material in the Partner Kit are confidential. Please do not disclose them. This obligation survives termination by two years.
14. Liability
Hurt Square products are provided for documentation purposes only and do not constitute legal, medical or insurance advice.
To the fullest extent permitted by law, our total liability to you under this agreement is limited to the commission payable to you in the three months before the event giving rise to the claim.
You will indemnify us against any claim, loss or expense arising from your breach of this agreement, from your promotional content, or from your failure to disclose.
15. Changes
We may amend this agreement on 30 days' written notice to the email address on your account. Continuing to promote Hurt Square after that date means you accept the amended terms.
16. Governing law
This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable in it. The courts of Ontario have exclusive jurisdiction.
Hurt Square is a Canadian publisher of injury recovery documentation guides. Our products are documentation tools and do not provide legal, medical or insurance advice.