The following Affiliate Terms & Conditions ("Terms and Conditions") shall govern your ("Affiliate") advertising and marketing activities undertaken to promote the products and services of QuickEmailVerification ("Company") to prospective end users. Henceforth, Affiliate and Company are each referred to as "Party" and collectively as "Parties".
By applying to be an Affiliate, it is deemed that You have read, understood, and agreed to Terms and Conditions.
These Terms and Conditions will be effective from the date Affiliate signs up. Affiliate agrees to be bound by the following and to ensure that employees, agents, and contractors of Affiliate also agree to abide the following:
- "Affiliate Link" means the unique tracking link You place on Your site or promote through other websites or channels.
- "Affiliate Tool" means the tool, platform, or website that We may work with, make available to You for Affiliate Program, or You may be required to use in order to participate for Affiliate Program and become eligible to receive Commission
- "Agreement" means this Marketing Affiliate Program Agreement, including all the material and terms mentioned, referred to, or linked to in this Agreement.
- "Commission" means an amount payable to eligible Affiliate against each Customer Transaction.
- "Customer Transaction" means a purchase transaction by Customer using Affiliate Link.
- "End User" and "Customer" means a third party who becomes an authorized paid user of any of Company’s products or services, by purchasing or signing up for Company’s products and services.
- "Gross Sales" means all sales collected by Company as a result of purchases made by Customer through Affiliate Link during a calendar month.
- "We", "Us", "Our", and "Company" means QuickEmailVerification.
- "You", "Your", and "Affiliate" means the person, persons, or entity entering into this Agreement and participating in Affiliate Program to distribute advertisements. Terms referencing "Affiliate" or "You" apply equally to Affiliate’s agents, contractors, representatives, and employees.
To be eligible for Commission,
(i) an Affiliate must be at least 18 years of age and legally permitted to receive Commission,
(ii) a Customer Transaction must have occurred,
(iii) Customer Transaction must not have been prohibited or anyhow disallowed by local, state, federal, national, or international regulations,
(iv) a Customer must not have filed for chargeback for the payments made,
(v) Commission payment has not been obtained by fraudulent means, misuse of Affiliate Link, in violation of any Affiliate Program Policies that we make available to you, or by any other means that we deem to breach the spirit of the Marketing Affiliate Program,
(vi) Customer Transaction must not have occurred through Affiliate Link that is placed on a website classified as pornographic, adult content, gambling, or otherwise potentially offensive in nature
3. Relationship of the Parties
Affiliate is solely an independent contractor. Parties understand and agree that this Agreement does not establish or accept any other relationship including partnership, joint venture, employment, franchise or agency between Company and Affiliate. Further, this Agreement does not grant any license to any software. Neither of the Party has the right or power to incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided herein.
You also agree to comply and ensure that any third party carrying out any referral or Affiliate activity on your behalf needs to comply with all relevant regulations. You agree not to engage in any marketing or promotional activities that may be deemed unfair, illegal, unethical, misleading, or otherwise detrimental to Our interests or the interests of Our partners, or the general public. You shall not directly or indirectly sell, re-sell, transfer QuickEmailVerification products or Services to countries or individuals prohibited by laws that govern QuickEmailVerification.
We retain all ownership rights in the QuickEmailVerification products and services.
4. Acceptance and validity
You will be eligible for a Commission payment for any Customer Transaction created by Affiliate Link that we make available to you, only if, after Our reasonable evaluation and determination, it is established that (i) it is a new potential customer, and (ii) is not, at the time of submission or one hundred and eighty (180) days prior, one of Our pre-existing customers, or involved in Our active sales process.
Nothing in this Agreement creates any exclusive arrangement for You or Us. Both Parties retain their rights to promote and recommend other products and services of third parties, as well as work with third parties. This Agreement does not, in any manner, cancel or suspend Our right to sell QuickEmailVerification products and services directly or indirectly to current or prospective customers.
6. Commission payment, requirements, and forfeiture
To receive Your Commission payment, You must
(i) have satisfactorily completed all steps required to create an Affiliate account and submitted correct and relevant details for the same,
(ii) have a valid and up-to-date payment method in Affiliate Tool,
(iii) have completed all required tax documentation in order for Affiliate Tool to successfully process any payments that may be owed to You,
(iv) have agreed to terms of this Agreement,
(v) not have violated any terms of this Agreement, and
(vi) display the affiliate link clearly on Your website or on Your emails You write to Your customers
Our Affiliate Tool or We will determine the currency in which the Commission payable to You may be paid. You agree that the entire and sole responsibility of payment of all taxes, applicable bank fees, and any other charges required by authorities or the payment channel lies with You.
Amounts payable by Us to You may be, at Our sole discretion, offset against any amounts owed by You to Us.
You shall automatically and irrevocably forfeit forever Your right to receive Commission toward any and all Customer Transactions with the associated Customer, if any of the Terms in this Agreement or the Terms of Affiliate Tool remain outstanding or not satisfactorily met for a continuous period of six (6) months. We will have no obligation to pay you Commission associated with a Forfeited Transaction.
Once you comply with all the requirements mentioned in the Terms of this Agreement or the Terms of Affiliate Tool, you will be eligible to receive Commission on Customer Transactions, except for the Customer Transaction associated with the Forfeited Transaction.
No more than one Commission shall be payable on any given Customer Transaction.
Use of robotic, macro, automatic, programmed or similar methods of attempting to participate or improve performance in Affiliate Program shall automatically forfeit Affiliate of their account, as also the right to Commission whatsoever.
You will not use Affiliate Link to purchase for use by You or any organization You own, run, are employed with, or receive remuneration or fees from. Further, You will not use Affiliate Link to purchase in order to resale or make commercial use of any kind.
Further, the following purchases will be considered Disqualified Purchases:
(a) any purchase made after termination of Your Agreement.
(b) any purchase made by a customer where such customer does not comply with the terms and conditions applicable for customers of Company.
(c) any purchase that is not correctly tracked or reported because the links from Your site are not properly formatted.
Commissions shall be deemed valid for payment only after 90 days from the date on which the customer made a purchase using Your Affiliate link.
Payouts to Affiliate will be processed only when the total amount payable to the Affiliate equals or exceeds US $100.
No more than one payout shall be processed per month for each Affiliate account.
7. Limitation of Liability
Under no circumstances Company shall be liable for loss of anticipated profits, business, revenue, goodwill or other losses incurred in connection with Affiliate’s services, for any incidental or consequential damages, claims by third parties regarding any rights or violation of any laws, causes beyond control including, but not limited to, work stoppages, fires, civil disobedience, riots, rebellions, acts of god, laws, regulations, acts of the government, acts of other third parties, and similar occurrences.
In the event Company is found liable for any act or inaction pursuant to these Terms and Conditions or the dealings between Parties, Company’s total cumulative liability shall be the actual value of the damages or losses caused to Affiliate, but in no event shall this amount exceed the total amount due to Affiliate at that point in time.
You, during Your ongoing relationship with Company, may have access to confidential business information, business practices, and promotional practices of Company, its customers, its technology, or other Affiliates. Affiliate agrees to maintain the confidentiality of that information during the term of these Terms and Conditions and for a period of three years following termination, and to not disclose to any third party such information
You agree to defend and indemnify, defend and hold Us harmless at Your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against Us (and Our officers, directors, employees, agents, service providers, licensors, and affiliates) to the extent that such Action is based upon or arises out of
(a) Your participation in Affiliate Program, (b) Our use of the prospect data you provided us, (c) Your noncompliance with or breach of this Agreement, or (d) Your use of Affiliate Tool,.
Affiliate will provide Company with prompt written notice of each claim of which Affiliate becomes aware.
We agree to provide You (at Your expense) with any and all information and assistance reasonably requested by You to handle the defense or settlement of the claim.
Affiliate agrees to not accept any settlement that (i) imposes an obligation on Us; (ii) requires Us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on Us without Our prior written consent.
10. No assignment
You may not assign or transfer these Terms and Conditions, including these Terms and Conditions, or any rights hereunder without the express written consent of Company. We reserve the right to assign these Terms and Conditions to any affiliate or in the event of merger, reorganization, sale of all or substantially all of Our assets, change of control or operation of law.
11. No waivers
The failure to invoke any right, condition or covenant in these Terms and Conditions by either Party shall not be deemed to imply or constitute a waiver of any rights, condition or covenant.
Both Parties agree and understand that these Terms and Conditions mentioned here are final. No amendment or extension of these Terms and Conditions shall be binding unless in writing and signed by both Parties.
In the event that a legally competent authority determines any provision of these Terms and Conditions to be invalid or legally unenforceable, the legal validity and enforceability of the remaining provisions will continue in effect.
14. Final Terms and Conditions
These Terms and Conditions are the entire and final set of agreed terms between both Parties for Affiliate Program. These Terms and Conditions supersede all other proposals and agreements, whether electronic, oral or written, including those contained in Your acceptance or website.
Either Party may terminate these Terms and Conditions by providing the other party with four (4) days’ notice in writing. You may send the notice to Us on firstname.lastname@example.org
with "Notice for Termination of Affiliate Marketing Terms and Conditions" as subject line. We shall send You the notice on the email address You have submitted while signing up for Our Affiliate Marketing Program. Breach of Terms and Conditions, violation of any regulations, laws, government directives, or mandates shall result in automatic termination of Terms and Conditions upon which Affiliate shall immediately cease all right to use the creative materials and links.