Terms of Service - Tap Rain

1. Introduction

Welcome to Tap Rain ("Company", "we", "our", "us")! These Terms of Service ("Terms", "Terms of Service") govern your use of our website located at taprain.com (together or individually "Service") operated by TAPRAIN LLC, a Wyoming limited liability company.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here: Privacy Policy.

Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). You acknowledge that you have read and understood Agreements, and agree to be bound by them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at [email protected] so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

2. Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing [email protected].

3. Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

4. Publisher Terms

As a publisher on our platform, you agree to:

Only promote offers in accordance with our guidelines and the specific offer terms
Not engage in any fraudulent activity including but not limited to fake traffic, bot traffic, etc.
Not misrepresent offers or the Tap Rain platform
Ensure all your traffic sources comply with our policies
Not attempt to manipulate our tracking or payment systems
Maintain accurate and up-to-date information on your account

5. Payments

We are committed to paying our publishers on time according to their chosen payment method. The following terms apply:

The minimum payment threshold is $5
Payments are processed within 24 hours of being requested, and every Sunday by 11:59PM EST.
We reserve the right to withhold payments if fraudulent activity is suspected
Publishers are responsible for providing accurate payment details
Any payment processing fees may be deducted from your earnings
We reserve the right to reverse or withhold payments for invalid conversions, chargebacks, refunds, fraud, or violations of these Terms
If we determine that any payment was made in error or as a result of fraudulent activity, we may deduct the erroneous amount from future payments or request repayment

6. Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

In any way that violates any applicable national or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

7. Rank System

Our platform features a rank system that rewards consistent performance:

Ranks are determined by your lifetime earnings on our platform
Higher ranks unlock additional benefits, higher commission rates, and exclusive features
Rank benefits are subject to change with reasonable notice
We reserve the right to adjust rank thresholds as needed

8. Referral System

Our referral program allows you to earn additional income by referring new publishers to our platform:

You will receive a commission on the earnings of publishers you directly refer to our platform
Referral commissions are limited to one level only - if someone you refer brings in their own referrals, you will NOT receive any commission from those secondary referrals
This ensures our referral system operates as a simple, transparent affiliate program and not as a multi-level marketing scheme
Referral commissions are paid according to the same schedule as regular publisher payments
We reserve the right to modify referral commission rates with reasonable notice
Fraudulent referral activity, including self-referrals or fake accounts, will result in immediate account termination

9. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Tap Rain and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tap Rain.

You retain ownership of any content you submit, but you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content in connection with operating the Service.

10. Third-Party Offers and Advertisers

Tap Rain provides access to offers and campaigns operated by third-party advertisers ("Advertisers"). You acknowledge and agree that:

Tap Rain acts solely as an intermediary platform connecting publishers with Advertisers
Tap Rain does not control and is not responsible for the content, accuracy, legality, quality, or availability of any third-party offer or advertiser campaign
Tap Rain does not guarantee the performance, payment terms, or conduct of any Advertiser
Any engagement, transaction, or dispute between you and an Advertiser shall be resolved solely between you and that Advertiser
Tap Rain shall not be liable for any damages, losses, disputes, or liabilities arising from your relationship with any Advertiser or participation in any third-party offer
You are solely responsible for reviewing and complying with the terms and conditions of each Advertiser and offer you promote

Tap Rain functions solely as a technology and tracking platform. The Company does not monitor, control, or assume responsibility for any user-generated or affiliate content and shall be entitled to safe-harbor protections under applicable law.

11. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Tap Rain, its officers, directors, employees, related entities, agents, contractors, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to:

Loss of profits, revenue, or data
Loss of goodwill or business opportunities
Service interruptions or delays
Errors or inaccuracies in content
Damages arising from your use or inability to use the Service
Damages arising from third-party offers, advertisers, or other users

This limitation applies even if Tap Rain has been advised of the possibility of such damages. In no event shall Tap Rain's total cumulative liability to you arising out of or related to these Terms or your use of the Service exceed the total amount actually paid by Tap Rain to you in the three (3) months immediately preceding the event giving rise to the liability, or $100, whichever is greater. The limitations set forth herein shall survive termination or expiration of this Agreement.

12. Indemnification

You agree to indemnify, defend, and hold harmless Tap Rain, its parent company, subsidiaries, and related entities (excluding marketing affiliates or publishers using the platform), officers, directors, employees, agents, contractors, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees and court costs) arising from:

Your use of and access to the Service
Your violation of any term of these Terms
Your violation of any third-party right, including without limitation any intellectual property, copyright, property, publicity, or privacy right
Any claim that your content, promotional methods, or advertising caused damage to a third party
Your promotion of any third-party offer or advertiser campaign
Any fraudulent, negligent, or wrongful conduct by you
Your violation of any law, regulation, or rights of another

This defense and indemnification obligation will survive the termination of these Terms and your use of the Service. The indemnities set forth herein shall survive termination or expiration of this Agreement. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

13. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TAP RAIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE SERVICE
RESULTS OBTAINED FROM USE OF THE SERVICE

Tap Rain makes no warranty that:

The Service will meet your requirements or expectations
Any offers, campaigns, or advertisers will be available, accurate, reliable, or of any particular quality
Any earnings, payments, or commissions will be guaranteed or consistent
Any errors in the Service will be corrected

No advice or information, whether oral or written, obtained by you from Tap Rain or through the Service shall create any warranty not expressly stated in these Terms.

14. Independent Contractor Relationship

You acknowledge and agree that your relationship with Tap Rain is that of an independent contractor. Nothing in these Terms shall be construed to create a partnership, joint venture, employer-employee, principal-agent, or franchisor-franchisee relationship between you and Tap Rain. Nothing herein shall create any partnership, joint venture, or fiduciary relationship between the parties.

As an independent contractor:

You are not an employee, agent, or representative of Tap Rain
You have no authority to bind Tap Rain to any obligation
You are solely responsible for all taxes, withholdings, and other statutory obligations relating to your earnings
You are not entitled to any employee benefits, including but not limited to health insurance, retirement benefits, workers' compensation, or unemployment insurance
You are responsible for your own business expenses
You have the freedom to work with other affiliate networks or advertisers

You are solely responsible for determining how, when, and where you perform your services under these Terms.

15. Force Majeure

Tap Rain shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or labor disputes, Internet or telecommunications failures, power outages, software or hardware failures, third-party service provider failures, distributed denial-of-service attacks, or any other events beyond Tap Rain's reasonable control. In the event of a force majeure, Tap Rain's obligations shall be suspended for the duration of such event.

16. Data Protection and Privacy

Tap Rain collects, processes, and stores personal data and usage information as described in our Privacy Policy. By using the Service, you consent to such collection and use of your information.

You agree to comply with all applicable data protection and privacy laws when promoting offers, including but not limited to obtaining necessary consents from end users and providing required privacy notices. You shall not use the Service in any manner that violates the privacy rights of third parties.

17. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms, suspected fraudulent activity, violation of advertiser terms, or any conduct that we determine to be harmful to the Service, other users, or third parties.

Upon termination:

Your right to use the Service will immediately cease
Any unpaid commissions that have met the minimum payment threshold and are not subject to fraud investigation will be paid according to our regular payment schedule
We reserve the right to withhold any payments that are under investigation or subject to chargeback, refund, or reversal
You must immediately cease using all Tap Rain promotional materials, tracking links, and brand assets

If you wish to terminate your account, you may do so by contacting us at [email protected] or by discontinuing use of the Service.

All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation: ownership provisions, warranty disclaimers, indemnity obligations, limitations of liability, dispute resolution provisions, and any obligations to pay amounts accrued prior to termination.

18. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Tap Rain agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be settled by binding arbitration, except that either party may seek injunctive relief in court for intellectual property infringement or violation of confidentiality obligations.

The arbitration will be conducted by a single arbitrator under the rules of the American Arbitration Association (AAA), and will take place in the state of your principal place of business or remotely by video conference. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver: You and Tap Rain agree that any arbitration or legal proceeding shall be conducted on an individual basis only, and not as a class action, consolidated action, or representative action. You and Tap Rain expressly waive any right to pursue claims on a class-wide basis.

If any provision of this arbitration agreement is found to be unenforceable, the remainder shall continue in full force and effect.

19. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions.

To the extent that any dispute is not subject to arbitration under Section 18, you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Wyoming, and you hereby consent to the personal jurisdiction and venue of such courts.

20. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent, or if modification is not possible, such provision shall be severed from these Terms. The validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way.

21. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or guidelines referenced herein, constitute the entire agreement between you and Tap Rain regarding your use of the Service, and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Tap Rain. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

22. Assignment

You may not assign or transfer these Terms or any of your rights or obligations hereunder without the prior written consent of Tap Rain. Tap Rain may assign these Terms or any of its rights or obligations hereunder at any time without notice to you. Any attempted assignment in violation of this section shall be null and void.

23. Changes to Service

We reserve the right to withdraw, modify, or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

24. Amendments to Terms

We may amend these Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. We may also, at our discretion, notify you of material changes via email or through a notice on the Service.

25. Contact Us

If you have any questions about these Terms, please contact us:

By email: [email protected]

Via our Discord community

TAPRAIN LLC

Registered in Wyoming, United States