Affiliate Agreement
This agreement (“Agreement”) outlines the terms and conditions for joining the Website Affiliate Program. The terms “Affiliate,” “you,” and “your” pertain to the individual applying for participation in our affiliate program. “We” and “our” refer to Website.
Both parties act independently, and you acknowledge that this Agreement does not establish any form of partnership or employer-employee relationship between us. If you are accepting this Agreement on behalf of another individual or organization, you confirm that you possess the authority to bind them.
REGISTRATION AND USE
To qualify for participation as an affiliate, you need to be at least eighteen (18) years old and possess a valid tax ID or social security number. If situated in the United States, you are required to complete a W9 form or its equivalent in your country. During the registration phase, certain information may be requested. By submitting this information, you attest and agree that all information provided is truthful and will remain current.
We maintain the right to assess your eligibility and may terminate your participation with us at any time, without prior notice. We can revoke your account without notice or reason, particularly if you or your site breaches any terms of this Agreement or applicable law. A breach or violation of law may result in the loss of any compensation owed and the requirement to return any payments already disbursed.
AGREEMENT DURATION AND TERMINATION
This Agreement will commence upon our acceptance of your application as an affiliate and will conclude when either party terminates it. However, we retain the right to end this Agreement at any time, without notice, due to your breach or violation of the law.
Termination may occur at any moment, with or without cause, through written notification to the other party in line with this Agreement. Upon termination, you must immediately halt your participation with the site and remove any offers, content, links, or creative materials provided by us or our advertisers. Termination will also result in the forfeiture of any rights to compensation from the date of termination.
We also reserve the right to reject any application from individuals in states imposing a tax on the sale 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 may change any terms and conditions within this Agreement at any time, at our sole discretion, regardless of any discrepancies that may arise between the amended version and the original. These modifications may encompass, but are not limited to, alterations in referral fees, fee schedules, payment methods, and rules related to our affiliate program. Should any modifications be unacceptable to you, you must promptly terminate this Agreement and inform us; continuing participation in the affiliate program is not permitted. By continuing to engage in the program after the posting of a Change Notice or amendments to this Agreement, you indicate your acceptance of the modifications and your agreement to adhere to them.
COMMISSION FEES
The compensation schedule is contingent upon the occurrence of valid events, which are governed by the terms of the respective offer and its requirements. We reserve the right, at our sole discretion, to determine the validity of any event that may lead to compensation for you. Furthermore, we carry no obligation to pay for invalid actions or if the advertiser(s) fail to make payments.
Depending on the specific offer, your compensation may be determined as (INSERT YOUR FEE) % of the gross revenue or $____._ per sale as a commission from the valid action that would entail compensation to you (i.e., orders placed.through your Affiliate Site). Only legitimate compensation that you earn, as determined by us in our exclusive discretion, will be paid. The payment will be conducted using an approved method posted on the site, and will be in U.S. Dollars unless both parties have mutually agreed in writing to a different arrangement. You will receive payment only after meeting a minimum threshold of $50.00 USD (or another mutually agreed amount in writing) and will be compensated according to a schedule of ___________ days following the last day of the calendar month or another timeframe agreed upon in writing by both parties.
(Customize This Paragraph for Your Specific Affiliate Program)
For an Affiliate to earn a commission from a sale, the customer is required to complete the order form, pay in full for the service requested, and have the installation finalized. You will earn ______% for orders placed through your Affiliate Sites from those sub-Affiliates you have sponsored into the Website Affiliate Program. Commissions will only be paid for sales completed through eligible Affiliates.
Compensation is accrued strictly between the time your Affiliate application is accepted and the notification of termination. Website will disburse fees on the first day of each month. Any chargebacks, fees from returned orders, or returned checks will be factored into the subsequent fee payment. If there are no fees due, a billing invoice for the amount will be generated.
Affiliates are required to maintain an active link on their website. To qualify for commissions from sub-affiliate sales within any given month, an Affiliate must personally generate at least one order during that month. Additionally, the Affiliate will bear responsibility for any taxes and fees that may arise.
ORDER PROCESSING
Website will be entirely responsible for processing every order made by customers on the Affiliate and sub-affiliate sites. Customers who procure products and services through the Website will be considered customers of Website. The pricing and availability of our products and services may fluctuate over time. The price the customer pays will always be governed by the policies of Website. We reserve the right to decline any order that fails to meet our established rules, operating procedures, and policies.
WEBSITE RESTRICTIONS
As previously indicated, several factors determine your eligibility to participate, including how you choose to promote the products or services. Website maintains the right, at its own discretion and without providing an explanation, to refuse your participation based on the content of your site. For instance, sites that are ineligible for the Website Affiliate Program include, but are not confined to, sites that:
- -Feature X-rated and sexually explicit materials
- -Encourage violence and discord
- -Support discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age
- -Promote illegal or dubious activities
- -Infringe on intellectual property rights or other third-party rights
- -Utilize spyware, malware, or adware
- -Collect personal information from visitors without their consent
- -Iframe any offer
- -Impersonate any individual or suggest that the Site is endorsed by a specific person
- -Fail to generate reasonable amounts of traffic
- -Be under construction
- -Require a login/password without prior approval from us
- -Contain exit pops or ghost pixel firing
- -Incorporate fake news stories or resemble a news site (flogs, farticles)
- -Contravene any laws of applicable jurisdictions
- -Otherwise tarnish the reputation of our Website Affiliate Program
We retain the exclusive right to ascertain if your website falls into the disqualified category.from our program as a result of 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, practices like “cookie stuffing,” providing non-existent incentives for purchases, or any other form of fraud, unfairness, or deception. We retain the right to ascertain, at our sole discretion, whether you or your site has employed any fraudulent methods or is partaking in deceptive tactics. Should we have cause to believe that you are involved in fraud or deceit, we may suspend or terminate your account at any time, at our sole discretion. If your account is either suspended or terminated due to fraud, you will relinquish any rights to both paid and unpaid compensation.
SPAM (UCE)
The Website is in no way involved in mass unsolicited emailing (i.e., spamming), and all Affiliates are required to adhere to this policy. Violating this policy will lead to the termination of the Agreement and an immediate expulsion from the Website Affiliate Program, without any refunds or payments for earned affiliate commissions.
DATA AND INTELLECTUAL PROPERTY
Upon approval and as long as you remain eligible, you receive a non-exclusive, revocable, limited non-transferable license to utilize materials provided by us or an advertiser for a specific offer. You do not hold any intellectual property rights to those materials. Furthermore, any data collected or generated through your efforts, use, or participation will be classified as confidential information belonging entirely to our company.
This information is proprietary and regarded as a trade secret. You are responsible for its accuracy and for safeguarding it, which includes avoiding reproduction or storage in unsecured areas. You must not disclose this data to anyone outside this Agreement and are required to notify us within two (2) hours if you suspect the data or your site has been compromised. You will be liable for any claims, whether brought or threatened, relating to the use or misuse of our site or the data.
FORCE MAJEURE
You agree to not hold us responsible for any damages arising from issues beyond our control, such as acts of God, war, terrorism, insurrection, riots, criminal activities, natural disasters, disruption of communications or infrastructure, labor shortages or disruptions (including unlawful strikes), shortages of materials, and other events outside our control.
INDEMNITY
You agree to indemnify and defend us against any third-party actions related to your participation in our program. For instance, if you breach our anti-spam policy, resulting in a lawsuit against us due to your actions, you must indemnify us for the resulting damages and legal expenses.
DISCLAIMER
We provide no express or implied warranties or representations regarding the Affiliate Program or your potential earnings from the Website Affiliate Program. Additionally, we do not guarantee that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we are not liable for any consequences resulting from interruptions or downtime. We disclaim all warranties, whether written or oral. We will not be liable for any damages you or any third party may incur due to your use or misuse of our site, your promotion of any offers, or any data loss. In jurisdictions that restrict or do not permit these exclusions, our maximum liability shall not exceed the amount paid to you in the preceding three (3) payment cycles.
MISC.
Should any provision or sentence of this Agreement be struck down by a Court, the remainder shall stay intact and enforceable in full force and effect.The laws of the State of (Insert your state here) will govern this Agreement, without regard to any conflict of laws rules. Any actions pertaining to this Agreement must be initiated in a court that holds competent jurisdiction in (Insert Your City and State Here); if no such court exists in that area, the action may be brought in the next nearest court with jurisdiction. You hereby irrevocably consent to the jurisdiction of these courts exclusively. The party that prevails in any legal dispute will have the right to recover reasonable attorneys’ fees and costs.
Your rights and obligations arising under this Agreement cannot be assigned or transferred, by law or otherwise, without our prior written consent. However, we reserve the right to assign or transfer our rights and obligations under this Agreement to a third party if we deem it appropriate, such as in the event of selling our business. Subject to this provision, this Agreement will bind, benefit, and be enforceable by the parties and their respective successors and assigns. Our failure to enforce strict compliance with any provision of this Agreement does not waive our right to later enforce that provision or any other part of this Agreement.
By completing this Affiliate Agreement form, you confirm that you have read and agree to all terms and conditions herein. You have independently assessed this program and are not relying on any representations, guarantees, or statements beyond what is detailed in this Agreement.
(Optional) You may opt out of having the following rule apply to your program.
*Please be aware that NO COMMISSION will be granted on your original purchase of the Website. In simpler terms, you cannot make a purchase from yourself nor can you be the first to purchase for the sole purpose of receiving a discount on your own product purchase.
I have read the terms of this agreement and I accept.
Last Updated: November 20, 2024