Affiliate Agreement

This document (“Agreement”) outlines the terms and conditions regarding participation in the Website Affiliate Program. The terms “Affiliate,” “you,” and “your” refer to the individual applying for involvement in our affiliate program. “We” and “our” are terms referring to Website.

You and we are independent entities, and you acknowledge that this Agreement does not establish any partnership or employer-employee relationship between us. If you are accepting this Agreement on behalf of another individual or an organization, you confirm that you possess the authority to bind them.

REGISTRATION AND USE

For participation as an affiliate, you must be at least eighteen (18) years old and possess a valid tax ID or social security number. If you reside in the United States, you are required to complete a W9 form or its equivalent in your nation. During the registration process, you may be prompted to supply specific information. By providing this information, you assert and agree that all data provided is, and will remain, accurate and up-to-date.

We maintain the right to assess your eligibility and to terminate your participation at any time, without prior notice. Additionally, we can close your account at any time without notice or justification, particularly if you or your site breaches any terms of this Agreement or any relevant laws. If your account is terminated due to a violation or breach of law, you may lose any compensation due to you and may have to return any previously paid amounts.

AGREEMENT DURATION AND TERMINATION

The commencement of this Agreement will occur upon our acceptance of your affiliate application and will continue until either party terminates it. However, we reserve the right to terminate this Agreement at any time, without notice, due to a breach or legal violation by you.

Termination may be executed at any moment, with or without cause, through a written notice to the other party per the stipulations of this Agreement. After termination, you must immediately stop your participation with the site and remove any offers, content, links, or creative material provided by us or our advertisers. You will forfeit any rights to compensation from the moment of termination.

Furthermore, we may decline any application from an individual located in a state that presently imposes a tax on sales of goods or services by affiliates (i.e., nexus tax) if the advertiser prefers not to promote its products through you in that state.

MODIFICATION

We retain the authority to modify any terms and conditions of this Agreement at our discretion, irrespective of any differences that may arise between the revised Agreement and the original. These modifications can encompass, but are not limited to, adjustments in the range of referral fees, payment schedules, payment methods, and rules governing our affiliate program. Should any modifications be unacceptable to you, you must promptly terminate this Agreement and inform us of your decision; you may not continue your participation in the affiliate program. Continuing to engage in the program after a Change Notice or amendments to this Agreement indicates your acceptance of the modifications and agreement to comply.

COMMISSION FEES

The timeline for receiving compensation is contingent on the occurrence of a valid event, determined by the terms of the offer and its prerequisites. We solely reserve the right to establish the validity of any event leading to compensation. Moreover, we hold no obligation to pay for invalid actions or in situations where the advertiser(s) fail to fulfill payment.

Your compensation may vary based on the specific offer, which could be (INSERT YOUR FEE) % of the gross revenue or $____._ per sale as a commission from the applicable valid action triggering compensation for you (i.e., orders placed).through your Affiliate Site). Compensation will be awarded only for legitimate earnings, which will be evaluated solely at our discretion. Payments will be processed through an approved method that will be detailed on the site, and will be made in U.S. Dollars, unless both parties have mutually agreed otherwise in writing. A payment threshold of at least $50.00 USD (or another amount as agreed in writing by both parties) must be reached before you receive payment, which will be paid according to a schedule of ___________ days following the last day of the calendar month or as otherwise mutually agreed in writing.

(Customize This Paragraph for Your Specific Affiliate Program)

To qualify for a commission, the customer must complete the order form, pay the full amount for the requested service, and have their installation finalized. You will earn ______% for sales made through the Affiliate Sites of sub-Affiliates that you have referred to the Website Affiliate Program. Only those sales made through qualified Affiliates will generate affiliate commissions.

Compensation is only earned from the time the Affiliate application is accepted until the notice of termination is given. Payments will be processed by the Website on the first day of each month. Any returned checks, chargebacks, or fees from returned orders will be deducted from the next fee payment. If there is no fee payment due, a billing invoice will be sent for the outstanding amount.

It is essential for Affiliates to maintain an active link on their website. To qualify for commissions on sub-affiliate sales during a given month, an affiliate must personally complete at least one order within that month. Furthermore, Affiliates will bear all taxes and fees they may incur.

ORDER PROCESSING

The Website will handle all order processing for customers purchasing through the Affiliate and sub-affiliate sites. Customers purchasing products and services via the Website will be considered customers of the Website. Prices and availability for our products and services may fluctuate periodically. Pricing is dictated by the policies set forth by the Website. We maintain the right to decline any order that does not adhere to our established rules, operating procedures, and policies.

WEBSITE RESTRICTIONS

As previously mentioned, various factors influence your eligibility to participate, including your promotional methods of the products or services. The Website retains the right, at its sole discretion and without justification, to deny your participation based on your site content. Sites that do not qualify for the Website Affiliate Program include, but are not limited to, the following:

  • -X-rated sites that promote sexually explicit materials
  • -Sites that endorse violence and discord.
  • -Sites that encourage discrimination based on factors such as race, sex, religion, nationality, disability, sexual orientation, or age
  • -Sites that advocate illegal or dubious activities
  • -Sites that infringe on intellectual property rights or other third-party rights
  • -Sites utilizing spyware, malware, or adware
  • -Sites that gather personal information from visitors without their consent
  • -Sites that iframe offers
  • -Sites that impersonate individuals or suggest that they are endorsed by a certain individual
  • -Sites that cannot generate reasonable levels of traffic
  • -Sites under construction
  • -Sites requiring a login/password, unless authorized by us
  • -Sites containing exit pops or using ghost pixel firing
  • -Sites that feature misleading news content or imitate news sites (flogs, farticles)
  • -Sites that violate laws of any applicable jurisdiction
  • -Sites that are likely to discredit our Website Affiliate Program

We reserve the exclusive right to determine whether your website qualifies.will lead to your removal from our program based on the aforementioned restrictions.

FRAUD

Under no circumstances should you engage in any fraudulent, unfair, or deceptive practices while participating on our Website. This encompasses, but is not limited to, activities such as “cookie stuffing,” promoting fictitious incentives for purchasing products, or engaging in other fraudulent, unfair, or deceptive conduct. We retain the exclusive right to assess whether you or your site has engaged in fraudulent methods or deceptive tactics. Should we have any reason to suspect you of committing fraud or deceit, we may suspend or terminate your account at our sole discretion. If your account is suspended or terminated due to fraud, you will relinquish any rights to compensation, both paid and unpaid.

SPAM (UCE)

The website does not condone mass unsolicited emailing (spamming) in any form, and all affiliates must refrain from actions that would breach this policy. Any violation will lead to the termination of the Agreement and immediate expulsion from the Website Affiliate Program, with no refunds or payment for earned affiliate commissions.

DATA AND INTELLECTUAL PROPERTY

Upon approval and as long as you remain eligible, a non-exclusive, revocable, limited non-transferable license is granted for you to utilize materials provided by us or an advertiser for specific offers. You possess no intellectual property rights in these materials. Moreover, any data collected or generated through your engagement, use, or participation is considered confidential information belonging entirely to our company.

This proprietary information is regarded as a trade secret. You are responsible for maintaining its accuracy and safeguarding it, which includes avoiding reproduction or storing it in unsecured locations. Disclosure of this data to anyone outside this Agreement is prohibited, and you must notify us within two (2) hours if you suspect that the data or your site has been compromised. You will be held liable for any claims, whether actual or threatened, related to the use or misuse of our site or the data.

FORCE MAJEURE

You agree that we will not be held liable for any damages resulting from issues beyond our control, such as acts of God, warfare, terrorism, insurrections, riots, criminal activities, natural disasters, disruptions in communications or infrastructure, labor shortages or disruptions (including illegal strikes), shortages of materials, or any other unmanageable events.

INDEMNITY

You commit to indemnifying and defending us against any third-party claims arising from your involvement in our program. For instance, if you breach our anti-spam policy and we face legal action as a result of your conduct, you must cover the damages and legal expenses incurred by us.

DISCLAIMER

We do not provide any express or implied warranties or representations regarding the Affiliate Program or the potential income you may earn from it. Additionally, we cannot guarantee that the operation of our site or Affiliate Sites will be uninterrupted or error-free and shall not be held accountable for any resulting interruptions or downtime. We specifically disclaim all warranties, whether written or oral. We will not be liable for any damages you or any third party may experience as a result of your use or misuse of our site, promoting any offer, or loss of data. In jurisdictions that limit or disallow such exclusions, our maximum liability will not surpass any amounts paid to you in the preceding three (3) payment cycles.

MISC.

Should any court invalidate any provision or sentence of this Agreement, the remainder shall remain in full force and effect.The laws of the State of (Insert your state here) will govern this Agreement, without regard to its conflict of laws rules. Any legal action related to this Agreement must take place in a court of competent jurisdiction in (Insert Your City and State Here); if there is no such court in the area, then the closest court that can hear the case will be the venue. You irrevocably consent to the jurisdiction of these specific courts. The party that prevails in any dispute or legal action will have the right to recover reasonable attorneys’ fees and costs.

Your rights or obligations under this Agreement cannot be assigned, whether by operation of law or any other means, without our prior written consent. In contrast, we reserve the right to assign or transfer our rights and obligations under this Agreement to a third party when we find it appropriate, such as in the event of a business sale. Apart from this restriction, this Agreement shall bind and benefit the parties and their respective successors and assigns and shall be enforceable against them. If we fail to insist on your strict adherence to any provision of this Agreement, it shall not be deemed a waiver of our right to subsequently enforce that or any other provision.

By completing this Affiliate Agreement form, you confirm that you have read this agreement and accept all its terms and conditions. You have made an independent evaluation of this program and are not relying on any representations, guarantees, or statements beyond what is specified in this agreement.

(Optional) You may opt-out of the following rule regarding your program.

*Please be aware that NO COMMISSION will be granted on your initial purchase of the Website. In other words, you cannot make a purchase from yourself or be your first buyer solely to obtain a discount on your own product.

I have read the terms of this agreement and I accept.

Last Updated: November 21, 2024