“Authorized Partner” Agreement
Effective Date: January 1, 2025
Primary Website: www.mysummer.nyc
THE AGREEMENT:
This “Authorized Partner” Agreement (hereinafter called the “Agreement”) is provided by the following organization, hereinafter referred to as “M2”: The MusicSquared Foundation, Inc., 1441 Broadway, Suite 3085, New York, NY 10018. The primary website for this Agreement is located at the address listed above. The Agreement is a document between you and M2 that describes the “Authorized Partner” relationship we are entering into. This Agreement covers your responsibilities as an “Authorized Partner” and our responsibilities to you. Please ensure you read and understand the entirety of this document, as well as seek legal counsel if necessary, as each term of this Agreement is important to our working relationship.
1) DEFINITIONS
The parties referred to in this Agreement shall be defined as follows:
a) M2, Us, We: As described above, we will be referred to as “M2.” The terms Us, We, Our, Ours, and other first-person pronouns also refer to M2, as well as all employees or legal agents of M2.
b) You, the “Authorized Partner”: You will be referred to as the “Authorized Partner.” You’ll also be referred to throughout this Agreement with second-person pronouns such as You, Your, or Yours.
c) Parties: Collectively, the parties to this Agreement (M2 and You) will be referred to as “Parties” or individually as “Party.”
d) “Authorized Partner” Program: The program we’ve set up for our partners as described in this Agreement.
e) Partner Application: The fully completed form which must be provided to us for consideration of your inclusion in the “Authorized Partner” Program.
f) Website: The primary website we’ve noted above will be referred to as the Website.
2) ASSENT & ACCEPTANCE
By submitting an application to our “Authorized Partner” Program, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the website immediately and do not submit an application to our “Authorized Partner” Program. This Agreement specifically incorporates by reference any Terms of Conditions, Privacy Policies, End-User License Agreements, or other legal documents which we may have on our website.
3) PROGRAM SIGN-UP
To sign up for our “Authorized Partner” Program, you must submit an application at the following website:
https://mysummer.nyc/partner-dashboard/
Submitting an application does not guarantee inclusion in the “Authorized Partner” Program. We evaluate each application and are the sole and exclusive decision-makers on acceptance. If we reject your application, you may not reapply. Accepted applicants must adhere to all terms and conditions in this Agreement.
4) NON-EXCLUSIVITY
This Agreement does not create an exclusive relationship between you and M2. Both Parties are free to engage in relationships with other individuals or entities.
5) “AUTHORIZED PARTNER” PROGRAM
Upon acceptance, you will receive a unique link (“Link”) tied to your identity, directing users to M2’s website(s). You agree to use only pre-approved Links provided by M2. Each Qualified Registration via your Link makes you eligible to earn 15% of the sale, as outlined in this Agreement.
6) SPECIFIC TERMS APPLICABLE
Qualified Registrations must meet the following criteria:
- Not referred through another partner or link.
- Not purchased by existing students, alumni, or partners.
- Only purchased via your tracking Link.
- Not fraudulent or induced by unauthorized discounts or offers.
M2 reserves the right to determine eligibility for payouts at its sole discretion.
7) PAYOUT INFORMATION
To receive payouts, you must provide up-to-date address, accounting, and tax information, including submitting a W8/W9 tax form. Current payout methods include:
- Direct Deposit
- Venmo
- CashApp
- Check
Commission Rate: 15% of the total sale.
Payment Schedule (in Two Parts):
- First Payment: Issued upon receipt of the student’s deposit.
- Second Payment: Issued once the student’s remaining balance is paid in full.
Payouts are processed the month after each part of the commission accrues. Any disputes regarding payout amounts or eligibility must be raised within seven days of receipt.
8) REPORTS
You may review account activity, including Qualified Click and Purchase reports, via your Partner dashboard. Reports are subject to verification before payouts.
9) TERM, TERMINATION & SUSPENSION
This Agreement begins upon acceptance into the program and may be terminated by either Party at any time. Violations of this Agreement or other legal terms will result in forfeiture of payouts and potential termination.
10) INTELLECTUAL PROPERTY
All intellectual property owned by M2, including copyrights, trademarks, and other assets, remain the exclusive property of M2. Partners are granted a limited, revocable license to use M2’s intellectual property solely for promotional purposes in compliance with this Agreement.
11) MODIFICATION & VARIATION
M2 may modify this Agreement at any time. Updated terms will take effect immediately upon posting to the Website, and you will be notified electronically. Continued participation constitutes acceptance of any changes.
12) RELATIONSHIP OF THE PARTIES
You are an independent contractor and not an employee, agent, or partner of M2. Participation in the “Authorized Partner” Program does not create a legal or actual partnership of any kind.
13) ACCEPTABLE USE
Partners must comply with all applicable laws and refrain from engaging in activities such as spamming, infringing upon intellectual property, or otherwise participating in illegal activities.
14) “AUTHORIZED PARTNER” OBLIGATIONS & FTC COMPLIANCE
Partners must disclose the nature of their relationship with M2 and adhere to all applicable FTC guidelines and privacy laws.
15) REVERSE ENGINEERING & SECURITY
Partners must not attempt to reverse engineer or compromise the security of M2’s systems or services.
16) DATA LOSS
Participation is at your own risk. M2 is not responsible for data loss.
17) INDEMNIFICATION
You agree to indemnify M2 against any legal claims arising from your use of the “Authorized Partner” Program.
18) SPAM POLICY
Spamming is strictly prohibited and will result in immediate termination and possible legal action.
19) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to the “Authorized Partner” Program. It supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
20) SERVICE INTERRUPTIONS
M2 may need to interrupt access to the “Authorized Partner” Program for maintenance or emergencies. You agree that such interruptions may occur and that M2 is not liable for any damages or losses resulting from such downtime.
21) NO WARRANTIES
The “Authorized Partner” Program is provided “As Is,” and M2 disclaims all warranties, express or implied, including fitness for a particular purpose.
22) LIMITATION ON LIABILITY
M2 is not liable for any damages arising from participation in the “Authorized Partner” Program. The maximum liability is limited to $100.
23) GENERAL PROVISIONS
A) LANGUAGE: All communications shall be in English.
B) JURISDICTION, VENUE & CHOICE OF LAW: This Agreement shall be governed by and construed under the laws of the State of New York. Any disputes shall be resolved in a court of competent jurisdiction in New York County, New York.
C) ARBITRATION: The Parties will attempt to resolve any dispute in good faith. Should informal resolution fail, the Parties agree to resolve the dispute via binding arbitration in New York County, New York. Each Party shall bear its own costs. Intellectual property claims may bypass arbitration.
D) ASSIGNMENT: You may not assign any rights or obligations under this Agreement without our prior written consent.
E) SEVERABILITY: If any provision of this Agreement is deemed unenforceable, the remaining provisions will remain in full force and effect.
F) NO WAIVER: If we fail to enforce any provision of this Agreement, it shall not be construed as a waiver of future enforcement of that provision or any other provision.
G) HEADINGS FOR CONVENIENCE ONLY: Headings are inserted for convenience only and shall not affect the interpretation of this Agreement.
H) FORCE MAJEURE: M2 is not liable for events outside its control, such as natural disasters or government actions, that prevent or delay its obligations under this Agreement.
I) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications, including email, are permissible for all notifications and correspondences under this Agreement.
For any questions regarding this Agreement, please email us at:
partner@mysummer.nyc
By completing the Partner Application, you agree to the terms and conditions of this “Authorized Partner” Agreement.