Partner Program Terms and Conditions

Agreement

These Partner Program Terms and Conditions (the “Partner Terms”) govern participation in any WestFax, Inc. (“WestFax”) partner, affiliate, referral, reseller, or similar program (the “Partner Program”). By enrolling in, accessing, or participating in the Partner Program (including by accepting terms in a third-party platform such as PartnerStack), you (“Partner”) agree to be bound by these Partner Terms and WestFax’s Privacy Policy.

If there is a conflict between these Partner Terms and any third-party platform terms used to administer the Partner Program, these Partner Terms control as between Partner and WestFax. If Partner has a separate written agreement signed by WestFax (e.g., a reseller, referral, or co-sell agreement), that agreement will control to the extent it conflicts with these Partner Terms.

Revisions

WestFax may revise these Partner Terms at any time by posting updated terms on this page and/or by notifying Partner through the Partner Program platform or email. Continued participation in the Partner Program after an update constitutes acceptance of the revised Partner Terms.

Program Administration and Eligibility

WestFax may administer the Partner Program through one or more third-party platforms. WestFax may accept, reject, suspend, or terminate any Partner application or participation at any time in its sole discretion. Partner is responsible for maintaining accurate contact and payment information in the program platform.

Attribution, Tracking, and Commission Determinations

Attribution for referrals, leads, trials, purchases, upgrades, renewals, and commissions is determined solely by WestFax using its systems and the program platform (collectively, “Tracking Systems”). WestFax does not guarantee that Tracking Systems will operate without interruption or error. Partner agrees that WestFax’s records and determinations regarding attribution and commissions are final.

WestFax may withhold, reverse, or claw back commissions for any reason including, but not limited to: fraud, prohibited traffic sources, policy violations, self-referrals, transactions by WestFax customers or leads that already existed in WestFax systems, chargebacks, refunds, non-payment, duplicate accounts, suspected abuse, or where required by law.

Marketing Compliance and Required Disclosures

Partner must comply with all applicable laws and regulations, including advertising, consumer protection, privacy, and anti-spam laws (including CAN-SPAM, TCPA, and applicable state laws). Partner is solely responsible for its marketing practices, content, and compliance obligations.

Partner must clearly disclose its relationship with WestFax where required (including FTC endorsement and affiliate disclosure requirements) and must not make false, misleading, or unsubstantiated claims about WestFax, its services, pricing, compliance posture, or competitors.

Paid Search, Brand Bidding, and Domain Restrictions

Unless WestFax provides prior written approval, Partner may not purchase, bid on, or target WestFax brand terms or close variants in any paid advertising channel (including search, display, social, and native ads). Prohibited terms include “WestFax,” misspellings, abbreviations, and branded modifiers (e.g., “WestFax fax,” “WestFax HIPAA fax,” “WestFax pricing,” and similar).

Partner may not use WestFax trademarks or brand terms in ad copy, display URLs, domains/subdomains, social handles, or landing page titles/metadata in a manner that suggests Partner is WestFax or an “official” site. Partner may not register or use domains that include WestFax trademarks or confusingly similar variants.

Direct Linking Restriction: Partner may not direct link from any paid advertising channel (including search, display, social, native, or other paid media) to WestFax-owned websites using affiliate tracking links or redirect links, unless expressly approved in writing by WestFax. All paid traffic must first be directed to a Partner-owned and operated landing page that provides original, substantive content and value to the end user prior to redirecting to WestFax.

WestFax may monitor and audit Partner advertising. Any violation may result in immediate termination and forfeiture of unpaid commissions.

Prohibited Traffic Sources and Conduct

Unless explicitly approved in writing by WestFax, Partner may not: (a) send unsolicited email, SMS, or telemarketing promoting WestFax; (b) use incented traffic (including cashback, coupons, rewards, giveaways contingent on signup) or “deal” placements; (c) use toolbars, browser extensions, injected traffic, adware, spyware, cookie stuffing, click injection, or similar practices; (d) misrepresent WestFax offerings, pricing, features, compliance standards, or availability; (e) create “review” or comparison pages designed to impersonate WestFax or confuse users; or (f) engage in any deceptive, fraudulent, or abusive activity.

Brand Assets; Limited License; No Impersonation

WestFax may provide Partner with approved logos, trademarks, and marketing materials (“Brand Assets”). WestFax grants Partner a limited, non-exclusive, non-transferable, revocable license to use Brand Assets solely to promote WestFax in compliance with these Partner Terms and any brand guidelines provided.

Partner may not modify Brand Assets, create derivative marks, or use Brand Assets in a way that implies partnership beyond the Partner Program, endorsement of Partner, or that Partner is WestFax. All goodwill arising from Partner’s use of Brand Assets inures to WestFax.

Confidentiality

Partner may receive non-public information about WestFax including pricing, roadmap, conversion data, and program terms (“Confidential Information”). Partner will keep Confidential Information confidential and use it only for participation in the Partner Program.

Data, Leads, and Customer Ownership

All leads, prospects, accounts, and customer relationships related to WestFax are owned by WestFax. Partner receives no ownership interest in any lead or customer and may not resell, re-market to, or reuse any data obtained in connection with the Partner Program except as authorized in writing by WestFax.

Independent Contractor Relationship

Partner is an independent contractor and is not an employee, agent, joint venturer, or representative of WestFax. Partner has no authority to bind WestFax or make commitments on WestFax’s behalf.

Termination

WestFax may suspend or terminate Partner’s participation at any time, with or without notice, for any reason including suspected policy violations or risk to WestFax. Upon termination, Partner must immediately stop using Brand Assets and cease representing itself as a WestFax partner.

If Partner breaches these Partner Terms, Partner forfeits any unpaid commissions, and WestFax may withhold or recover commissions previously paid to the extent permitted by law. WestFax may pursue any other remedies available at law or equity.

Indemnification

Partner agrees to defend, indemnify, and hold harmless WestFax, its owners, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Partner’s marketing activities; (b) Partner’s violation of these Partner Terms or any law; (c) Partner’s content, representations, or disclosures; or (d) Partner’s negligence or willful misconduct.

Limitation of Liability

To the maximum extent permitted by law, WestFax will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the Partner Program. WestFax’s aggregate liability for any claims arising out of or related to the Partner Program will not exceed the total commissions paid to Partner by WestFax in the three (3) months immediately preceding the event giving rise to the claim.

Governing Law and Jurisdiction

These Partner Terms are governed by and construed in accordance with the laws of the State of Colorado. Jurisdiction and venue for all disputes shall be in Denver, Colorado and will not be contested. Any right to a jury trial is expressly waived.

Notices

Partner may send notices to WestFax at:

WestFax
8085 S Chester St.
Suite 270
Centennial, CO 80112

WestFax may send notices to Partner using the email address on file in the Partner Program platform. Notices are considered received one (1) business day after sending.

Miscellaneous

These Partner Terms and WestFax’s Privacy Policy constitute the entire agreement between Partner and WestFax regarding the Partner Program, except for any separate written agreement signed by WestFax. If any provision is held invalid, the remaining provisions remain in full force. Partner may not assign these Partner Terms without WestFax’s prior written consent. WestFax may assign these Partner Terms without restriction.