Affiliate Agreement
This agreement (“Agreement”) outlines the terms and conditions for participating in the Website Affiliate Program. The terms “Affiliate,” “you,” and “your” refer to the individual applying for involvement in our affiliate program, whereas “we” and “our” signify Website.
You and we operate as independent parties, and by accepting this Agreement, you acknowledge that it does not establish any partnership or employer-employee relationship. If you are entering into this Agreement on behalf of another individual or entity, you affirm that you possess the authority to enact such obligations for them.
REGISTRATION AND USE
To qualify for affiliate participation, you must be at least eighteen (18) years old and possess a valid tax ID or social security number. If located in the United States, a W9 form or its equivalent from your country is necessary. During the registration process, you may be required to provide specific information. By supplying this information, you represent and agree that it is and will remain truthful and up-to-date.
We retain the right to assess your eligibility or terminate your participation at any time, without prior notice. We may also close your account without notice or justification, particularly if you or your site contravenes any term of this Agreement or infringes upon relevant laws. Termination due to breach or legal violations may result in the forfeiture of any owed compensation and the requirement to return any compensation already received.
AGREEMENT DURATION AND TERMINATION
This Agreement becomes effective upon our acceptance of your affiliate application and will continue until terminated by either party. However, we reserve the right to terminate this Agreement at any time without notice, particularly in response to a breach or legal transgression on your part.
Termination can take place at any moment, with or without cause, provided that the terminating party gives written notice in accordance with this Agreement. Following termination, you must immediately stop your engagement with the site, eliminating any offers, content, links, or creative materials provided by us or our advertisers. Upon termination, you will relinquish any rights to compensation from the date of termination onwards.
Additionally, we may reject any application from individuals residing in states that impose taxes on affiliate sales (nexus tax) if the advertiser prefers not to promote products in that state through you.
MODIFICATION
We reserve the right to modify any terms and conditions within this Agreement at any time and at our sole discretion, regardless of any discrepancies between the revised version and the original. Such modifications may encompass changes in referral fees, fee schedules, payment processes, and rules concerning our affiliate program. Should any modifications prove unacceptable, you must terminate this Agreement immediately and inform us of your decision; continued participation in the affiliate program is prohibited. Your ongoing involvement after the posting of a Change Notice or amendments to this Agreement signifies your acceptance of these modifications and your agreement to adhere to them.
COMMISSION FEES
The compensation schedule is dependent on the occurrence of a valid event, as dictated by the terms and requirements of the offer. We maintain the right, at our sole discretion, to determine the validity of any event that may result in compensation for you. Moreover, we are under no obligation to pay for invalid actions or if the advertiser(s) fails to make the necessary payments.
Depending on the specific offer, your compensation may be based on (INSERT YOUR FEE) % of the gross revenue or $____._ per sale, resulting from the specific valid action that triggers compensation for you (e.g., orders placed).Your compensation will solely be for legitimate earnings, as determined by us at our discretion, and only through your Affiliate Site. Payment will be issued via an approved method, as listed on the site, and will be in U.S. Dollars unless both parties have agreed otherwise in writing. You will only receive payment after reaching a minimum payment threshold of $50.00 USD (or another amount agreed upon in writing by both parties), with the payment scheduled for ___________ days following the last day of the calendar month or another mutually agreed time frame outlined in writing.
(Tailor This Paragraph to Your Specific Affiliate Program)
In order for a sale to generate a commission for an Affiliate, the customer has to complete the order form, submit full payment for the requested service, and ensure their installation is completed. You will earn ______% on orders made through the Affiliate Sites of sub-Affiliates that you have introduced into the Website Affiliate Program. Affiliate commissions will be granted solely for sales made through qualified Affiliates.
Compensation can only accumulate from the time the Affiliate application is accepted until termination notice is received. Payments will be disbursed by Website on the first day of each month. Any returned checks, chargebacks, or fees resulting from a returned order will be deducted from the following fee payment. If there are no fee payments due, an invoice will be issued for the outstanding amount.
Affiliates are required to have an active link on their websites. To qualify for commissions on sub-affiliate sales in any month, an affiliate must personally complete at least one sale during that month. Moreover, the Affiliate will be accountable for any taxes and fees incurred.
ORDER PROCESSING
Website will exclusively handle the processing of every order made by customers on both the Affiliate and sub-affiliate sites. Customers who purchase products and services through the Website will be recognized as customers of Website. Product and service pricing and availability may fluctuate periodically. Ultimately, the price paid by the customer will be governed by Website policies. We retain the right to refuse any order that does not conform to our guidelines, operational procedures, and policies.
WEBSITE RESTRICTIONS
As previously mentioned, your eligibility for participation depends on various factors, including your promotional methods for the products or services. Website reserves the right to deny your participation, without justification, based on the content of your site. Sites that are ineligible for the Website Affiliate Program include, but are not limited to, the following types:
- – X-rated sites promoting sexually explicit content
- – Sites promoting violence and discord
- – Sites promoting discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age
- – Sites that endorse illegal or questionable activities
- – Sites violating intellectual property rights or other third party rights
- – Sites employing spyware, malware, or adware
- – Sites collecting personal information from visitors without their awareness
- – Sites utilizing iframes for any offers
- – Sites impersonating any individual or falsely suggesting endorsement by any specific person
- – Sites that do not generate adequate traffic
- – Sites that are still under construction
- – Sites requiring a login/password, unless prior approval has been granted by us
- – Sites featuring exit pop-ups or ghost pixels
- – Sites using fabricated news stories or structured to mimic a news site (flogs, farticles)
- – Sites violating any applicable law
- – Sites that could damage the reputation of our Website Affiliate Program
We retain exclusive rights to assess whether your website is disqualified.from our program as a result of the aforementioned restrictions.
FRAUD
Engaging in fraudulent, deceptive, or unfair practices is strictly prohibited while participating in our Website under any circumstances. This prohibition encompasses, but is not limited to, practices such as “cookie stuffing,” offering fictitious incentives for item purchases, or any other form of fraud, unfairness, or deception. We retain the exclusive right to ascertain, at our discretion, whether you or your website has employed any fraudulent methods or is exhibiting deceptive tactics. Should we suspect any fraudulent or deceitful activity, we may suspend or terminate your account at our discretion. If your account is suspended or terminated due to fraud, you will relinquish any rights to both paid and unpaid compensation.
SPAM (UCE)
The Website does not engage in mass unsolicited e-mailing (commonly known as spamming), and it is expected that all Affiliates refrain from any actions that would contravene this policy. Breaching this policy will lead to the termination of the Agreement and immediate removal from the Website Affiliate Program, with no refunds or payments for earned affiliate commissions.
DATA AND INTELLECTUAL PROPERTY
Upon your approval and as long as you maintain eligibility, we grant you a non-exclusive, revocable, limited, and non-transferable license to utilize materials provided by us or an advertiser for a specific offer. You do not possess any intellectual property rights concerning these materials. Furthermore, any data collected or generated through your engagement, usage, or participation is recognized as confidential information of our company, becoming entirely owned by us.
This information is proprietary and treated as a trade secret. You are accountable for ensuring its accuracy and security, which entails refraining from reproducing it or storing it in insecure environments. You must not disclose any of this data outside the scope 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, whether brought or threatened, connected to the use or misuse of our site or the data.
FORCE MAJEURE
You agree not to hold us accountable for any damages arising from circumstances outside our control, such as, but not limited to, acts of God, warfare, terrorism, insurrection, riots, criminal activities, natural disasters, disruption of communications or infrastructure, labor shortages or disruptions (including unlawful strikes), material shortages, and other uncontrollable events.
INDEMNITY
You agree to indemnify and defend us against any claims from third parties relating to your involvement in our program. For instance, if you breach our anti-spam policy, resulting in legal action against us, you must compensate us for any damages and legal expenses incurred due to your actions.
DISCLAIMER
We offer no express or implied warranties or representations concerning the Affiliate Program or your potential earnings from the Website Affiliate Program. Furthermore, we do not guarantee that the operation of our site or that of the Affiliate Sites will be uninterrupted or error-free, and we will not be responsible for any outcomes resulting from interruptions or downtime. We explicitly disclaim all warranties, whether written or oral. We will not be liable for any damages incurred by you or any third party due to your use or misuse of our site, the promotion of any offer, or loss of data. In jurisdictions that restrict or disallow these exclusions, our maximum liability will not exceed the amounts paid to you during the preceding three (3) payment cycles.
MISC.
Should any Court invalidate any provision or sentence of this Agreement, the remaining provisions shall remain intact and fully enforceable.
ThisThe laws applicable in the State of (Insert your state here) will govern this Agreement, without regard to any conflict of law principles. Any legal action related to this Agreement must be initiated in a court with competent jurisdiction located in (Insert Your City and State Here), or if no such court is available in that area, then in the nearest court that has the authority to hear the case; you irrevocably agree to the jurisdiction of these specific courts only. The party that prevails in any legal dispute or action will be entitled to reasonable attorneys’ fees and costs.
You are not permitted to assign your rights or obligations under this Agreement, whether by operation of law or otherwise, without obtaining our prior written consent. However, we may assign or transfer our rights and obligations under this Agreement to a third party when we find it suitable, such as in the case of selling our business to another entity. This Agreement shall, subject to that restriction, bind and inure to the benefit of the parties and their respective successors and assigns. If we do not insist on your strict adherence to any provision of this Agreement, it shall not be interpreted as a waiver of our right to enforce such provision at a later time or to enforce any other provision of this Agreement.
By completing this Affiliate Agreement form, you confirm that you have read this agreement and agree to all of its terms and conditions. You have conducted your own evaluation of this program and are not relying on any representations, guarantees, or statements other than those explicitly stated in this agreement.
(Optional) You have the option to forgo the following rule regarding your program.
*Please be advised that NO COMMISSION will be awarded on your original purchase of the Website. In other words, you are not allowed to make a purchase from yourself or to be your initial purchase solely to obtain a discount on your product purchase.
I have reviewed the terms of this agreement and I accept.
Last Updated: January 2, 2025