This entire Affiliate Agreement is integral part and subject to our Terms and Conditions listed on our website.
The Affiliate acknowledges and agrees that the value of the entire agreement equals a written valid concluded and signed contract.
The Affiliate understands, accepts, confirms and agrees to be bounded by all the provisions of the company Terms and Conditions entire agreement.
Any provision that is not express mentioned on this Affiliate Agreement page but is listed as part and subject of the company Terms and Conditions Entire Agreement is considered acknowledged, accepted, confirmed and signed from the moment when the customer elects to enter into this affiliate agreement.
By signing as independent contractor, the affiliate acknowledges that is not a company representative and is bounded by the Affiliate Agreement. The Affiliate agrees to abide by all provisions, amendments, modifications or termination that the Company elects to make to this Affiliate Agreement. By registering the account the affiliate attests and confirms that had read and agrees to abide by the entire Terms and Conditions agreement and any affiliate claim that is in contrary or infringes the Terms is voided.
The Affiliate acknowledges and agrees that the potential of earning a revenue from affiliate commission is just an additional benefit and opportunity made available by our company, to our own clients only, but the company as web business building tools provider focuses on the benefit of providing the products and services as main benefits for the customer`s personal or company business development.
Any cause of action or claim the affiliate may have with respect to the website, the services, the products or the company, will be ruled by the company local laws and international regulations, as stated on the Terms and Conditions agreement, if mediation between parts fails.
The Company has customers and customers affiliates. Any customer, either individual or company, using our products and services for his/its own business building, may elect at any time and at his own choice, to become a Partner (available only for companies) or an Affiliate. Therefore, an affiliate is required to maintain the account active and in good standing and to comply with our policies and procedures as specified in the company Terms and Conditions.
The Affiliate status and contract are NOT available to those seeking just the income generated from the affiliate commission.
An Affiliate must: be our customer, use the company products and services, know how the products and services work and how they can be used to build any business, know their value as business building tools for both offline and online business, recommend in good faith products and services the affiliate uses personally.
An Affiliate is an independent contractor of the company products and services and not an employee. There is no provision or activity included in the customer, affiliate or partner status to create a relationship as employer/employee or as a company representative.
As Affiliate you agree that no joint venture, partnership, employment, or agency relationship exists between you and the company based on this agreement or use of the website, products, and/or services.
As an Affiliate you agree to abide by and be legally bound by the company legal Terms and Conditions and you agree that you are operating as an independent contractor and you are not entitled to any other benefits, other than those legally provided through the affiliate percent of the company`s sales and the company affiliate plan.
As an affiliate you agree that no affiliate earnings are guaranteed just by choosing to become an affiliate that you have acknowledged the Earnings Disclaimer provisions as stated in our Earnings Disclaimer which is integral part of the company Terms and Conditions.
You acknowledge and agree that the contract is governed by our policies and procedures and no affiliate commission is granted to you just by entering in the affiliate contract, such as if a customer doesn`t complete the purchase or changes the decision to buy from our company, but only when effective sales are complete, tracked and coded to your affiliate ID.
As an Affiliate you agree that you must present the potential customer s your affiliate status in connection with the company and the products and services recommended as stated in the Affiliate Conduct herein below.
As an Affiliate you acknowledge and agree to abide by the Affiliate Conduct Code, provision which is integral part of the company Terms and Conditions, described herein below, and agree that any infringement or misconduct that we find, will lead to the immediate termination of the agreement and funds forfeited, if any.
The Affiliate Agreement, hereby acknowledged as “contract” is for an indeterminate period until one of the parts or both decide to cease the agreement. The company may elect to terminate the agreement, at any time, at its sole discretion if an infringement of any of the provisions of the agreement occurs.
An affiliate earns commissions on sales of our products and services packages. The affiliate commission is a percent of the sale, accordingly to our affiliate proprietary plan. The Company has its own proprietary Affiliate plan, also protected by its own international registered trade mark. The affiliate commission is paid accordingly to our affiliate plan. Our affiliate plan is not based on matrices, binary, or any other known multilevel models, is not a pyramid scheme either, doesn`t depend on the recruiting scale of known MLM, but allows anyone to earn the affiliate commission irrespectively of sales teams or any other structures, just from your own sales. Different of other known plans, your sales will not generate commissions for the top ones and if, eventually, you have a sales team, this will be your own one single level commission, infinite in width.
If you have questions or issues in understanding the nature of our affiliate plan structure, and need more explanations to understand why our Affiliate plan is not a mlm structure, why the commission structure it is one level width only, even if you have a sales team, contact us before entering into the affiliate contract.
In order to be credited with the commission, you are required to maintain the account in good standing, and to comply with our policies and procedures as specified in our Terms and Conditions.
The commission percent varies depending on the package sold. The commission is recurring, paid every month, as long as the client renews the purchase. The “good faith” sale activity principle governs the relationship between the Company, the affiliate and the end-user (customer), and defines a new active purchase which is registered by a client with an unique valid payment record in database. The Company does NOT pay commissions on recruiting other affiliates, such practices are prohibited. Cross recruiting practices, Guaranteed or Incentivized sign ups, are strictly prohibited under local and international regulations and will not be tolerated.
The commission is a percent of the sold product and service cost, and not a percent of the price paid by the customer which includes company`s profit and administrative fees.
In the situation when you sell any of the software, products or services we add, the commission cannot exceed 50% of the item cost. For example: the more value we add to a package the % of the commission is reduced, therefore, if for the Pro package the commission is 75%, for a higher package the commission cannot exceed 50%.
Any sums not collected from the affiliate’s customer are not commissionable, and any fees incurred during processing of sales made by the affiliate but not completed or rejected, will be deducted in whole from any commissions due to the affiliate.
AFFILIATE DISTRIBUTOR ID
As affiliate, will be provided an affiliate identification ID and link. You are responsible for maintaining the security of your affiliate ID and password. You agree that we are not liable in the event that any such information is shared by you with anybody else whatsoever. You also agree that we are not liable under any circumstances if you mistype, use a broken link or use in error your affiliate ID or if your ID is inactive.
You will receive a unique affiliate ID and affiliate URL, same as you use an Amazon or Click bank website affiliate link, for example. When someone visit the website through this URL, a cookie will be set in their browser with your affiliate ID and their IP address may also be logged with your affiliate ID. We do not store cookies, they are just session cookies, but the cookies help us determine whose commission is to be paid. In order for you to receive credit for sales, a client must purchase through your unique affiliate URL.
Commissions are processed and manually paid, once per 14 days, but only when we receive a valid request from you that goes through our server security filters. The security layers are set in place to ensure that your email addresses, therefore your affiliate account access, are not compromised. There is no minimum commission payout. If a chargeback occurs, or if the online transaction is not fully completed, no commission payment is due to the affiliate as the sale is considered failed and not valid. If a commission has already been processed when a chargeback occurs, it will be deducted from the affiliate’s future commissions. If the Affiliate`s ID is inactive for any reason when commissions are calculated, any commissions for that sale is forfeited. Each affiliate is responsible to abide by our anti-fraud and security rules as they are stated and enforced on our Terms and Conditions page.
PAYMENT PROCESSOR FEES
All the commissions are calculated based on the net transaction. The processing fees, taxes and administrative amounts are first deducted from the amount paid by the customer. The remaining amount is a commissionable sale. The affiliate commission percent listed on the website, accordingly to our available packages is then applied to the package cost, to determine the amount due the affiliate. Any sums paid by us as payment processor fees tax and any administrative costs deducted from the package cost, as listed on the website, are not commissionable.
All liabilities for taxes, revenue, record keeping, reporting of national or local taxes and/or licenses or any other tax liabilities that affect or concern the sales of the products or services, in your country or location, will be your sole responsibility as affiliate, independent contractor.
As an affiliate you may advertise using your website, third party websites, eBooks, email marketing, social media posts, forums, etc. On any website on which you include any reference whatsoever to our Company or its products and services or benefits, you are not allowed to include any reference to any form of illegal and adult content. Also, your website or advertising material and 3rd party services you use, may not contain any content or images that are not suitable for being viewed by children of 13 years of age or younger. If such event occurs, we will immediately terminate your account and your affiliate status without any paying commission that will be forfeited.
Our Company operates with a strict professional code conduct. Any affiliate who puts the Company, the clients and partners in any damaging situation, or who promotes using any form of discrimination, illegal, or unfair business practices, or is trying to cheat the system in an effort to increase their payments due will have their affiliate status canceled and any outstanding commissions will be forfeited at the sole discretion of the Company with all future commissions or products usage forfeited.
The above provision also includes, but is not limited to, pornography, computer viruses, prostitution, and obscenity, defamatory, slanderous, and hateful.
As our company affiliate you are not allowed to recommend our products and services using defamatory reviews, comparisons and statements against other similar companies that might be our competitors, providers of similar products and services.
When you enter into the Affiliate contract with us, means that there is the potential to earn commissions hence, you understand and agree that we do not allow misleading claims about the products and services and any false representation of our company that would deceive the customer.
We do not allow: cross recruiting practices, guaranteed or incentivized sign ups to maximize your commissions, misleading practices and false claims about earnings, overnight riches, get rich quick and any other similar schemes that may cross your mind. Such practices are strictly prohibited under local and international regulations and will lead to your account termination and funds forfeited, if any.
We also may charge you with fines if any damage is caused to our company.
As our company Affiliate you are required to use and place the Affiliate Disclaimer on all your websites, pages, 3th party pages you use, blogs, forums, email series, and disclose to the potential customers:
- the fact that you are not the company, an employee, or representative of the company but an affiliate of the company, recommending the products and services;
- reason are you recommending the products and services;
- if a customer decides to buy through your link, you may be entitled to earn a commission on the sale;
- earnings disclaimer if a customer decides to enter into an affiliate contract with us.
The sending of unsolicited and bulk emails (UCE) also known as Spam, which promotes, or makes reference to our company, the websites, products or services within our network is prohibited and will be sanctioned. The provisions of SPAM policy as integral part of the Terms and Conditions shall apply to every affiliate.
If such event occurs, in any violation of the professional conduct of affiliates, or infringement of the Terms and conditions of use, the affiliate agreement will be terminated. Affiliates must agree that engaging in bad practices such as attempts of stealing other affiliates commissions by changing the affiliate ID of other affiliates links, attempts of forging email headers, website headers and links, bypassing any security settings will be sanctioned with affiliate agreement termination, funds forfeited and may be pursued with legal actions.
If the affiliate activity results in the suspension or termination of the company contract with the payment gateway we use for sales, at any moment, due to your affiliate misconduct and bad practice, you shall be liable for liquidated damages in the amount of $8,000 as penalty plus the whole amount lost in at that time, as well as any other damages that may result for our company.
We also reserve the right, at our sole discretion, to reject any affiliate application if we believe that the potential affiliate infringe or may infringe the Company Terms and Conditions, the Affiliate code conduct, and any other rules of good practice established by our company, and the international standards and regulations with regards to the affiliate practice, and also a certain standard of decency. This includes former affiliates who were previous in conflict with our Terms and Conditions.
THIRD PARTY AND LIABILTY
The Company will in no way be liable for the actions of third parties that may, in any way, harm our clients and affiliates. This includes, but is not limited, to the customer/affiliate agreement to indemnify and hold us harmless from any claims resulting from the use of the service that damages customer/affiliate or any other parties. No affiliate may assign or sublicense this agreement to any third party.
We will not be liable for indirect or accidental damages, including financial loss, due to affiliate system sale tracking failures, commission processing failures, losses of database files or backups thereof, attacks, computer viruses, errors or interruptions or force majeure situations.
MODIFICATION AND TERMINATION
We reserve the right to make changes to this affiliate agreement, in good faith, at any time and at our sole discretion. These changes will come into force immediately after they are communicated to the affiliates. Therefore, if the customer continues the participation in the affiliate contract, after a change notice or the agreement update, this shall constitute binding acceptance of the affiliate.
In the event the affiliate doesn`t accept the changes to the agreement or to agreement update, this will be considered the termination of the affiliate agreement. In case of termination of the affiliate contract, the affiliate must remove all affiliate links and any graphics that mention our company or assets.
The Affiliate Agreement begins when you, as our customer, enter in the affiliate contract and will end when either you or the company, or both parts on a mutual agreement, terminate your affiliate status.
The affiliate may terminate this agreement at any time, and for any reason. The affiliate is prohibited for transferring any rights for this agreement or consequential to this agreement to any third party. The company may elect to terminate the agreement, at any time, at its sole discretion, if an infringement of any of the provisions of the Affiliate Agreement or any of the company`s Terms and Conditions occurs.
If the affiliate agreement should terminate due to infringements of this agreement or any of the company Terms and Conditions provisions, this agreement shall terminate immediately and affiliate shall forfeit all right to any commissions.
DISPUTES AND LITIGATION
You agree to obey all applicable laws while using our websites, any of our assets (if approved by us), any of our products and services. If any provision of the entire agreement to the company`s Terms and Conditions shall be found as null or invalid, no matter the cause, it shall not affect the validity of the rest of the clauses. Once the order is launched, the client accepts without objections the Terms and conditions for use, the value thereof being the same as a written valid concluded contract.
Disputes and Agreements shall be interpreted under the laws, applicable to any client and affiliate.
In case of eventual conflicts between the company and its clients the resolution thereof will be previously solutioned amicably within minimum 30 working days. If the amicable solution will not be possible, the conflict will be solutioned by the corresponding court of law according to the valid company local and international laws.
You also agree that any dispute between you and us, excluding any intellectual property right, copyright, trade mark infringement claims we pursue against you, shall be settled through an attorney mediator office accordingly to our jurisdiction, and you agree that each party shall bear one half of the mediator fees and costs incurred, and each party is responsible for its own lawyer fees.
All claims shall be arbitrated solely on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else.
If any provision of this agreement determined to be illegal, invalid, or unenforceable by a court law, that part shall be limited or eliminated to the minimum extent necessary, so that the legality and validity of the remaining provisions of this agreement shall remain unaffected and legally binding, therefore fully enforceable, unless otherwise stated.
If you have any questions or concerns about this Affiliate Agreement you may contact us by email using our Customer Support or by Phone: +17029972417
This Affiliate Agreement was last updated on 2016-12-01