Terms & Conditions – Affiliate Program
By signing up to be an affiliate in the [insert name of your company affiliate
marketing program] Program (the “Program”) you agree to be bound by the following
terms and conditions (the “Terms”). Please ensure that you read them carefully
before signing up. These Terms are a legal agreement between [insert the name of
your company] a company registered in [insert the jurisdiction where your company
is registered in] and having its registered office at [insert physical address of the
company] (“Easy Software”, “we”, “us”) and You (the “Affiliate”, “you”).
We reserve the right to update and change the Terms from time to time without
notice. Any amendments, modifications, enhancements or changes to the Program
including the release of new features and resources made available by us from time
to time shall be subject to these Terms. Continued use of the Program after any such
changes shall constitute your consent to such changes. Any violation of these Terms
may result in, among other things, termination or suspension of your rights to be an
Affiliate and forfeiture of any outstanding affiliate referral fee payments earned during
the violation.
Enrolment in the Affiliate Program
(a) Application Required. In order to be considered for participation in the
Program as an Affiliate, you must complete and submit a Program Application
Form (“Application”).
(b) Acceptance of your Application: If we choose to accept your Application, you
will receive an email notifying you that your Application has been approved.
You understand and agree that we may accept or reject your Application at
our sole discretion. Reasons for rejection include but are not limited to things
like the following: If any of the information you provide is inaccurate or
incomplete; or if your website promotes content of a misleading, fraudulent,
defamatory, obscene, violent, illegal, harassing, hateful, or pornographic
nature, or if you have had your access to our Service terminated due to
violation of the terms and conditions that govern our Service, or for any other
reason we may deem fit to reject your Application.
(c) Post-Acceptance Account Access: If we accept your Application, we will send
you a welcome email with your login details for your Affiliate account. From
your account, you will be able to download promotional materials, find
information on Referral Links and suggested content to promote us, and when
you start earning Commissions, you will see information on those
Commissions. It is your responsibility to keep your username and password
information secure. YOU MAY NOT SHARE YOUR LOGIN CREDENTIALS
WITH ANY OTHER PERSON OR ENTITY.
(d) You agree to ensure that the information you provide us in your Application
and in your account is at all times complete, accurate and up-to-date (you
may update it in your account). We will send communications to the email
address associated with your account; you agree to receive these, and
understand and agree that, if you opt out of receiving them or ask us to delete
your personal data, your participation in the Program may be terminated by
us. You will be deemed to have received all notifications, approvals, and other
communications sent to that email address, even if the email address
associated with your account is no longer current.
Referral Links & Promotion
Once you have signed up for the Program you will be provided with a URL link that
must be used to identify you when placing a link from your site, email or other
communications to the [insert name of your business] website. It is your
responsibility to ensure each such link is correctly formatted.
We may also provide graphical images that can be used within the links to promote
[insert name of your business]. You may not modify these images in any way. We
reserve the right to change the images at any time without notice.
You will be solely responsible for the development, operation, and maintenance of
your site and for all materials that appear on your site.
You may not use our name or graphics in any coupon websites unless we have
given our advanced written consent. We may terminate the Agreement if any
meaningful spam complaints naming us or our services result from your marketing
activities.
Commissions and payments
Commissions and all payments are made exclusively on the shareAsale platform.
You’ll be awarded a [insert percentage] commission on the total cost of each sale
that you initiate. If your referred user makes a purchase within 30 days of using your
affiliate link then you are awarded a commission for the sale. Payments are made
[insert number of times] per month.
We do not allow referrals to be generated on your own purchases neither do we
allow Incentivized traffic.
Customer payments refunded or payments charged-back due to credit card fraud do
not qualify for referral fees. We may delay crediting of referral fees subject to risk
analysis considerations and Anti-Money Laundering procedures.
A summary of sign ups and statement of referral fees is available to the Affiliate by
logging into their Affiliate account.
The referral fee structure is subject to change at our discretion.
We reserve the right to disqualify referral fees earned through fraudulent, illegal, or
overly aggressive, questionable sales or marketing methods.
All fees are exclusive of all taxes, charges, levies, assessments and other fees of
any kind imposed on your involvement in this Agreement and shall be the
responsibility of, and payable by you.
We reserve the right to check and change commissions on the basis of orders
actually paid, the notification e-mail is not understood as a confirmed commission –
this is only a notification, and every payment will be verified based on real
transactions.
Refunds
In the event a customer requests a refund for a transaction for which the Affiliate has
earned commissions, any commissions earned on the refund amount will be
deducted from the Affiliate’s balance.
Copyrighted and Trademarked material
You are solely responsible for ensuring that your reviews, product descriptions and
articles (if applicable at your site) obey all applicable copyright, trademark, and other
laws. We will not be responsible if you use another party’s copyrighted or
trademarked material in violation of the law.
Term and Termination
Either party has the right to terminate the agreement immediately without prior
notice.
If the Affiliate terminates the agreement, no further commissions from Us will be paid
for any past or future customer transactions.
If We chooses to terminate the agreement, any balance greater than $[insert
amount] USD will be paid to the affiliate within [insert amount] days of termination.
Balances that are smaller than $[insert amount] will be forfeited.
Relationship of Parties
Each of us shall be deemed to be independent contractors with respect to the
subject matter of these Affiliate Terms, and nothing contained in these Affiliate
Terms shall be deemed or construed in any manner as creating any partnership,
joint venture, employment, agency, fiduciary, or other similar relationship. You will
not make any statement, whether on your site or otherwise, that contradicts or may
contract anything in this paragraph.
Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER
OF THESE AFFILIATE TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT,
STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY
DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR
GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF YOU
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER,
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE
AFFILIATE TERMS, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU
ARISING OUT OF OR RELATED TO THESE AFFILIATE TERMS, WHETHER
BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER
LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL FEES PAID
TO YOU UNDER THESE AFFILIATE TERMS.
Indemnification
You agree to indemnify and hold Us and our employees, representatives, agents,
and affiliates, harmless against any and all claims, suits, actions, or other
proceedings brought against them based on or arising from any claim resulting from
Your breach of these Affiliate Terms. You will pay any and all costs, damages, and
expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded
against or otherwise incurred by Us in connection with or arising from any such
claim, suit, action, or proceeding
Arbitration
All claims and disputes arising under or relating to this Agreement are to be settled
by binding arbitration in [insert jurisdiction]. An award of arbitration may be confirmed
in a court of competent jurisdiction
Notice
All notices given by you to us must be given to [insert name of your company] at
[insert contact email]. We may give notice to you at the e-mail address you provided
to us when registering. Notice will be deemed received and properly served 24 hours
after an e-mail is sent. In proving the service of any notice, it will be sufficient to
prove in the case of an e-mail, that such e-mail was sent to the specified e-mail
address of the addressee.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in
performance of, any of our obligations hereunder that is caused by events outside
our reasonable control (a “Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident
beyond our reasonable control and includes in particular (without limitation) the
following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war
(whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural
disaster;
(d) impossibility of the use of public or private telecommunications networks;
(e) the acts, decrees, legislation, regulations or restrictions of any government.
Our performance is deemed to be suspended for the period that the Force Majeure
Event continues, and we will have an extension of time for performance for the
duration of that period. We will use our reasonable endeavors to bring the Force
Majeure Event to a close or to find a solution by which our obligations under these
Terms may be performed despite the Force Majeure Event.
Severability
If any provision of these Affiliate Terms is held to be invalid or unenforceable, that
provision shall be eliminated or limited to the minimum extent necessary such that
the intent of the both of us is effectuated, and the remainder of these Affiliate Terms
shall have full force and effect.
Entire agreement
These Affiliate Terms represent the entire agreement between Us and You, and shall
supersede all prior agreements and communications between us, oral or written.
Governing law and jurisdiction
These Affiliate Terms shall be governed by the substantive laws of [insert
jurisdiction] without reference to its choice or conflicts of law principles that would
require the application of the laws of another jurisdiction, and shall be considered to
have been made and accepted in [insert jurisdiction].
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