Affiliate Agreement
This agreement (“Agreement”) outlines the terms and conditions for your participation in the Website Affiliate Program. The expressions “Affiliate,” “you,” and “your” pertain to you, the individual applying to join our affiliate initiative. “We” and “our” pertain to Website.
You and we operate as independent entities, and you acknowledge that this Agreement will not establish any partnership or employer-employee relationship between us. If you accept this Agreement on behalf of another individual or entity, you assert that you possess the authority to bind them.
REGISTRATION AND USE
To qualify for participation as an affiliate, you must be no less than eighteen (18) years old and possess a valid tax ID or social security number. If you are located in the United States, you are required to complete a W9 form or its equivalent applicable in your nation. During the registration process, you may be required to provide specific details. By supplying this information, you affirm and consent that all information is accurate and will remain so.
We retain the right to assess your eligibility and may terminate your participation with us at any time, without prior notice. Additionally, we reserve the right to close your account at any time without notice or justification, particularly if you or your site breaches any term of this Agreement or any applicable law. Terminating your account due to a breach or legal violation may entail the forfeiture of any compensation due and the return of any compensation already disbursed.
AGREEMENT DURATION AND TERMINATION
This Agreement shall commence upon our acceptance of your affiliate application and will conclude when either party terminates it. However, we reserve the right to terminate this Agreement at any point, without notice, if you breach any terms or violate the law.
Termination can take place at any time, with or without cause, by providing the other party with written notice in line with this Agreement. Following termination, you must immediately stop participating in the site, and remove any offers, content, links, or creative materials provided to you by us or our advertisers. Upon termination, you will relinquish any rights to compensation from the termination date.
Moreover, we may deny any application originating from a state that imposes a tax on the sale of goods or services by affiliates (i.e., nexus tax), particularly if the advertiser prefers not to market its products through you in that state.
MODIFICATION
At our sole discretion, we may revise any terms and conditions within this Agreement at any time, regardless of any differences that may arise between the updated Agreement and the original. These revisions may encompass, but are not limited to, modifications in available referral fees, fee schedules, payment processes, and rules governing our affiliate program. Should any of these changes be unacceptable to you, you must promptly terminate this Agreement and inform us of such communication; you should refrain from continuing your participation in the affiliate program. By persisting in your participation after a Change Notice or amendments have been posted, you indicate your acceptance of the revisions and agree to abide by them.
COMMISSION FEES
The timing of your compensation is contingent on the occurrence of a valid event, governed by the terms of the offer and its stipulations. We reserve the exclusive right to determine the validity of any event that results in compensation for you. Additionally, we will bear no responsibility for payment on invalid actions or if the advertiser(s) fails to fulfill payment obligations.
Your compensation may be contingent on (INSERT YOUR FEE) % of the gross revenue or $____._ per sale derived from a specific valid action that triggers compensation for you (i.e., orders placed.through your Affiliate Site). Compensation will be paid only for legitimate earnings, as determined solely by us. Payment will be conducted through an approved method that will be specified on the site, and it will be in U.S. Dollars unless both parties agree otherwise in writing. Payment will only be issued once you meet a minimum payment threshold of at least $50.00USD (or another amount agreed upon in writing by both parties) and will be made within ___________ days following the last day of the calendar month or another mutually agreed upon time frame in writing.
(Tailor This Paragraph to Your Specific Affiliate Program)
To receive a commission from a sale, the customer must complete the order form, make full payment for the services ordered, and complete the installation. You will earn ______% on orders made through the Affiliate Sites of the sub-Affiliates that you have brought into the Website Affiliate Program. Commissions will only be provided for sales made through qualified Affiliates.
Compensation is available only from the time the Affiliate application is accepted until notice of termination is given. Fees will be disbursed on the first day of each month by the Website. Any returned checks, chargebacks, or costs associated with a returned order will be reflected in the next payment. If there is no fee payment due, an invoice will be issued for the amount.
Affiliates must maintain an active link on their website. To qualify for commissions on sub-affiliate sales within a month, the affiliate must personally secure at least one sale during that period. The affiliate shall also bear responsibility for any taxes and fees incurred.
ORDER PROCESSING
The Website will take full responsibility for processing all customer orders placed on the Affiliate and sub-affiliate sites. Customers who buy products and services through the Website will be recognized as customers of the Website. Prices and availability of our products and services are subject to change. The price paid by the customer will always be dictated by Website policies. We reserve the right to reject any order that fails to comply with our regulations, operational procedures, and policies.
WEBSITE RESTRICTIONS
As previously mentioned, participation eligibility is based on several factors, including how the products or services are promoted. The Website holds the exclusive right, without the need for explanation, to deny your participation based on your site’s content. Examples of Sites that do not qualify for the Website Affiliate Program include, but are not limited to, those that:
- -Are X-rated and promote sexually explicit content
- -Encourage violence and discord.
- -Promote discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age
- -Advocate illegal or questionable activities
- -Infringe upon intellectual property rights or other third-party rights
- -Employ spyware, malware, or adware
- -Collect personal information from visitors without their consent
- -Iframe any offers
- -Impersonate any individual or suggest endorsement by a specific person
- -Fail to generate a reasonable amount of traffic
- -Be under construction
- -Require login/password unless approved by us
- -Utilize exit pops or ghost pixel firing
- -Use fake news stories or be designed to resemble a news site (flogs, farticles)
- -Violate any laws applicable in any jurisdiction
- -Otherwise damage the reputation of our Website Affiliate Program
We reserve the right solely to determine if your website is disqualified.from our program due to the aforementioned restrictions.
FRAUD
Under no circumstances should you engage in fraudulent, unfair, or deceptive practices while participating on our Website. This encompasses, but is not limited to, activities such as “cookie stuffing,” offering fictitious incentives in exchange for purchases, or any other fraudulent, unfair, or deceptive conduct. We maintain the right to decide, solely at our discretion, if you or your site has employed any fraudulent methods or is participating in deceptive tactics. Should we suspect any fraud or deceit on your part, we may suspend or terminate your account at any time, at our discretion. If fraud results in account suspension or termination, you will lose any claims to compensation, whether paid or unpaid.
SPAM (UCE)
Our Website does not engage in mass unsolicited emailing (or spamming), and we expect all Affiliates to adhere to this policy. Any violation will result in the cancellation of the Agreement and immediate removal from the Website Affiliate Program, with no refunds or payments issued for any earned affiliate commissions.
DATA AND INTELLECTUAL PROPERTY
Upon approval and provided you remain eligible, a non-exclusive, revocable, limited, non-transferable license is granted to utilize materials supplied by us or an advertiser for a specific offer. You do not possess any intellectual property rights to these materials. Additionally, any data collected or generated through your usage or participation is regarded as confidential information belonging to our company.
This information is proprietary and classified as a trade secret. You hold the responsibility for its accuracy and protection, which entails not reproducing or storing it in insecure environments. You will not share any of this data with anyone outside of this Agreement and are obligated to inform us within two (2) hours if you suspect that the data or your site has been compromised. You will be liable for any claims, both initiated or threatened, associated with the use or misuse of our site or the data.
FORCE MAJEURE
You agree not to hold us accountable for any damages related to circumstances beyond our control, such as, but not limited to, acts of God, warfare, terrorism, insurrections, riots, criminal activities, natural disasters, disruption of communications or infrastructure, labor shortages or interruptions (including unlawful strikes), material shortages, and any other uncontrolled events.
INDEMNITY
You consent to indemnify us and defend against any third-party actions related to your involvement in our program. For instance, if you breach our anti-spam policy, leading to legal action against us, you must cover the damages and legal fees incurred as a result of your actions.
DISCLAIMER
We make no express or implied warranties or representations concerning the Affiliate Program or the potential for you to generate income from the Website Affiliate Program. Additionally, we do not guarantee the uninterrupted or error-free operation of our site or the Affiliate Sites and will not be held responsible for any consequences arising from interruptions or downtime. We disclaim all warranties, written or oral. We will not be liable for any damages incurred by you or any third party as a result of your use or misuse of our site, promotion of offers, or loss of data. In jurisdictions that restrict or prohibit these exclusions, our maximum liability will not exceed any amounts paid to you within the last three (3) payment cycles.
MISC.
If any Court nullifies any provision or statement of this Agreement, the remainder shall remain in full force and effect.The laws relevant to this Agreement will be those of the State of (Insert your state here), disregarding any conflict of laws principles. Any legal action concerning this Agreement must be filed in a court with proper jurisdiction situated in (Insert Your City and State Here), or if no such court exists in that area, then in the nearest court that has the authority to preside over the matter; you consent irrevocably to the jurisdiction of these specified courts only. In any legal dispute or action, the winning party may recover reasonable attorney fees and related costs.
You are prohibited from assigning your rights or responsibilities under this Agreement, whether by legal mandate or any other means, without our prior written approval. Conversely, we may assign or transfer our rights and obligations under this Agreement to a third party if deemed appropriate, such as in the event of selling our business to another entity. With this limitation in mind, this Agreement will remain binding, benefit the parties, and be enforceable by and against them and their respective successors and assigns. Should we neglect to enforce your strict adherence to any clause of this Agreement, it will not be interpreted as a waiver of our right to enforce that or any other provision later on.
By submitting this Affiliate Agreement form, you affirm that you have thoroughly read this agreement and accept all its terms and conditions. You have conducted an independent evaluation of this program and do not rely on any representation, guarantee, or statement outside what is outlined in this agreement.
(Optional) You have the option to exclude the following condition from your program.
*Please be aware that NO COMMISSION will be paid on your initial purchase of the Website. This means you cannot buy from yourself or have your first purchase solely for the reason of obtaining a discount on your own product purchase.
I have reviewed the conditions of this agreement and I agree to them.
Last Updated: January 5, 2025