Affiliates Agreement & Terms
This agreement (“Agreement”) describes the terms and conditions for participation in the Company’s Affiliate Program. The terms “Affiliate,” “you,” and “your” are referring to you, the person who is applying to participate in our affiliate program. “We,” “our,” and the “Company” refer to our affiliate program associated with any and all products that offer an affiliate program through a 3rd party service.
You and we are independent parties and you agree that this Agreement shall not create any form of partnership or employer-employee relationship between us. If you are accepting this Agreement on behalf of another person or a company, you agree that you have authority to bind them. We are in no way associated with Google, Clickbank, Yahoo, Amazon or Youtube, or any other company mentioned on this site, except for any direct affiliate agreements that we have with said companies.
REGISTRATION AND USE
To be eligible to participate as an affiliate, you must be at least eighteen (18) years old, and have a valid tax ID or social security number. If you are in the United States you must complete a W9 form or its equivalent in your country. During the registration process you may be asked to provide certain information. In providing this information you represent and agree that all information is, and will remain, truthful and current.
We reserve the right to determine whether you are eligible or terminate your participation with us at any time, without notice through our 3rd party services. We reserve the right to terminate your account at any time without notice or reason, but specifically we may do so if you or your site violates any term of this Agreement or any applicable law. Termination of your account for breach or violation of law may include forfeiture of any compensation owed and disgorgement of any already paid.
AGREEMENT DURATION AND TERMINATION
This Agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party, but we may terminate this agreement at any time, without notice, for your breach or violation of law.
Termination may occur at any time, with or without cause, by giving the other party written notice of the termination in accordance with this Agreement. Once the Agreement is terminated, you will immediately cease your participation with the site, remove any offers, content, links or creative content of any kind that has been provided to you by us or our advertisers and 3rd party service vendors. Once terminated you will forfeit any rights to any compensation from the date of termination you assign to.
We may also reject any application if you are from a state that currently imposes a tax on the sale of goods or services by affiliates (i.e. nexus tax) and the advertiser does not wish to promote its products in that state through you.
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion, regardless of the dissimilarity that may occur between the amended version of the Agreement and the original version. These modifications may include, but are not limited to, changes in the scope of available referral fees, fee schedules, payment procedures and rules relating to our affiliate program.
If any of the modifications are unacceptable to you, you must immediately terminate this Agreement and notify us of such notification; you must not continue participating in the affiliate program. By continuing to participate in the program following the posting of a Change Notice or amendments to this Agreement, you are indicating that you accept the modifications and agree to comply with them.
The schedule for you to receive compensation is based on the occurrence of a valid event, which is governed by the terms of the offer and its requirements. We reserve the right, in our sole discretion, to determine the validity of any event that would lead to compensation to you. Furthermore, we will have no obligation to pay for invalid actions or if the 3rd party vendors or advertiser(s) fails to remit payment. If you do not receive any said compensation that you believe you may be entitled to then you must and will take the matter up with our 3rd party service vendors who run, enact and allow you to participate in said affiliate program through our products and services and in no way whatsoever makes us liable for any and all compensation that may have not been received.
Depending on the particular offer, your compensation may be based on a certain percentage (%) of the gross revenue or per sale, as a commission from the particular valid action that would trigger compensation to you (i.e. orders placed through your Affiliate Site). You will only be paid for legitimate compensation that was earned, which is determined by us in our sole discretion.
Payment will be made by an approved method that will be posted on the site, and in U.S. Dollars unless otherwise agreed to by both parties in writing. You will be paid only once you have reached a payment threshold of at least $100.00 USD (or another number agreed in writing by both parties) and paid on terms of a schedule of the days set forth by the 3rd party service vendors who run and operate the affiliate program and after the last day of the calendar month or another time frame which has been agreed upon in writing by both parties.
For Any Type of Product or Service Affiliate Program on Company site:
For a sale to generate a commission to an Affiliate, the customer must complete the order form, remit full payment for the service ordered, and have their installation completed. You will receive a certain agreed upon percentage from the 3rd party service vendors who operate the affiliate program for the Company and for orders placed through the Affiliate Sites of those sub-Affiliates which you have sponsored into any type of Affiliate Program. Affiliate commissions will only be paid on sales which are made through qualified Affiliates.
Compensation can only be earned between the acceptance of the Affiliate application and notice of termination. Fees will be paid on the first day of each month or whatever the policy is for payouts from the 3rd party service vendor operating said affiliate program to which you agreed to those terms and conditions once you signed up or registered with the 3rd party service vendors. Any returned checks, charge backs, or fees from a returned order will be adjusted in the following fee payment. If no fee payment is due, a billing invoice for the amount will be issued.
Affiliates must have an active link on their website. In order to qualify for commissions on sub-affiliate sales in any given month, an affiliate must personally sell at least one order during that month. Affiliate will also be responsible for all taxes and fees that they may incur.
The Company affiliate programs will not be responsible for processing any/every order placed by a customer on the Affiliate and sub-affiliate sites. All affiliate program offers and processing will solely be accomplished, done and serviced through our 3rd party service vendors who operate the affiliate program, such as Clickbank or JVZoo. Customers who purchase products and services through the Company will be deemed to be customers. Prices and availability of our products and services may vary from time to time. The Company’s policies will always determine the price paid by the customer. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.
As stated above, your eligibility to participate depends on several things including how you promote the products or services. The Company reserves the right, in its sole discretion and without explanation to you, to reject your participation in the any and all affiliate programs based on site content. For example, Sites that do not qualify for the any and all Affiliate Programs include, but are not limited to, sites that:
• -Are X- rated and promote sexually explicit materials
• -Promote violence and discord.
• -Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• -Promote illegal or questionable activities
• -Violate intellectual property rights or other rights of third parties
• – Sites that use spyware, malware, or adware
• – Sites that collect personal information about visitors without their knowledge
• – Sites that iframe any offer
• – Sites that impersonate any person or give the impression that the Site is endorsed by any particular person
• – Sites that are unable to direct reasonable amounts of traffic
• – Sites that are under construction
• – Sites that require a login/password, unless approved by us
• – Sites that contain exit pops or ghost pixel firing
• – Sites that use fake news stories or are created in a way to resemble a news site (flogs, farticles)
• -Violate any law of any applicable jurisdiction
• -Would otherwise bring our (ClickFunnels, JVZoo, Zaxaa, or any other) Affiliate Program into disrepute
We and 3rd party service vendors reserve the sole right to determine whether your website is disqualified from our program due to the above restrictions.
You must not under any circumstances engage in fraudulent, unfair, or deceptive practices when participating in our the Company’s affiliate programs. This includes, but is not limited to, the practice commonly known as “cookie stuffing,” offering non-existent incentives as a reward for purchasing items, or any other fraudulent, unfair, or deceptive practice. We reserve the right to determine, in our sole discretion, whether you or your site has utilized any fraudulent method or is engaging in deceptive tactics. We may suspend or terminate your account if we have any reason to believe that you are committing fraud or deceit and at any time, in our sole discretion. If your account is suspended or terminated for fraud you will forgo any rights to compensation both paid, and unpaid.
Unsolicited Commercial E-mail – The Company in no way participates in mass unsolicited e-mailing (i.e. spamming), and all Affiliates are expected not to do anything that would violate this policy. Violation of this policy will result in the termination of the Agreement and immediate dismissal from the Company’s Affiliate Program, with no refund or payments made for affiliate commissions earned.
Spam as designated in this agreement, in the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose.
Automated spam filtering. The Company messaging systems automatically scan all incoming email messages, and filter out messages that appear to be spam.
Problems with spam filtering:
No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered-out by the Company systems.
If you believe this has happened to a message you have sent, please advise the message recipient by another means.
You can reduce the risk of a message being caught by the spam filters by sending the message in plain text (i.e. no HTML), removing any attachments, and ensuring that your messages are scanned for malware before dispatch.
Receipt of unwanted messages from the Company:
In the unlikely event that you receive any message from the Company or sent using the Company systems that may be considered to be spam, please contact the Company using the details below and the matter will be investigated.
Changes to this anti-spam policy
We may amend this anti-spam policy at any time by publishing a new version on this website. Thank you for your purchases and continued trust in our products and services.
DATA AND INTELLECTUAL PROPERTY
Once you are approved, and so long as you remain eligible, you are granted a non-exclusive, revocable, limited non-transferable license to use materials that are provided to you by us or an advertiser for a particular offer. You do not have any intellectual property rights in any of those materials. Furthermore, any data that is collected or generated through your efforts, use, or participation are deemed to be confidential information of our company and become wholly owned by us.
This information is proprietary to us, and is considered a trade secret. You will remain responsible for its accuracy and safeguarding it, which includes not reproducing it or storing it in insecure locations. You will not disclose any of this data to anyone outside of this Agreement and will notify us within two (2) hours if you believe the data or your site has been compromised. You will be liable to us for any claims, whether brought or threatened, that is connected to the use or misuse of our site or the data.