Affiliate Agreement
This agreement (“Agreement”) describes the terms
and conditions for participation in the (Technicaltree.xyz By Freelancer Ayon
Panda) Affiliate Program. The terms “Affiliate,” “you,” and “you are” refer to Amazon Affiliate Program, the person who is applying to
participate in our affiliate program. “We” and “our” refer to (Technicaltree.xyz
By Freelancer Ayon Panda).
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 the authority to
bind them.
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. 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 the 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 creativity that has been provided to you by us or our advertisers. Once
terminated you will forfeit any rights to any compensation from the date of
termination.
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.
MODIFICATION
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.
COMMISSION FEES
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
advertiser(s) fails to remit payment.
Depending on the particular offer, your
compensation may be based on (PERCENTAGE AS DECIDED BY AMAZON AFFILIATE PROGRAM
FOR DIFFERENT PRODUCTS & CATEGORIES ) % of the gross revenue of Rs.____._
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 Rs.50.00USD (or another number agreed in writing by both
parties) and paid on terms of a schedule of ___________days after the last day
of the calendar month or another time frame which has been agreed upon in
writing by both parties.
(Amazon Affiliate Program)
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
______% for orders placed through the Affiliate Sites of those sub-Affiliates
which you have sponsored into the __________ Affiliate Program. Affiliate
commissions will only be paid on sales that 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 by (Technicaltree.xyz By Freelancer Ayon
Panda). Any returned checks, chargebacks, 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. Affiliates will also be responsible for all taxes and fees that they may
incur.
ORDER PROCESSING
(Technicaltree.xyz By Freelancer Ayon Panda)
will be solely responsible for processing every order placed by a customer on
the Affiliate and sub-affiliate sites. Customers who purchase products and
services through the (Technicaltree.xyz By Freelancer Ayon Panda) will be
deemed to be customers of (Technicaltree.xyz By Freelancer Ayon Panda). Prices
and availability of our products and services may vary from time to time. (Technicaltree.xyz
By Freelancer Ayon Panda) 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.
WEBSITE RESTRICTIONS
As stated above, your eligibility to participate
depends on several things including how you promote the products or services. (Technicaltree.xyz
By Freelancer Ayon Panda) reserves the right, in its sole discretion and
without explanation to you, to reject your participation in the (Technicaltree.xyz
By Freelancer Ayon Panda) based on-site content. For example, Sites that do not
qualify for the (Technicaltree.xyz By Freelancer Ayon Panda) Affiliate Program
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 (blogs, articles)
- -Violate any law of any applicable
jurisdiction
- -Would otherwise bring our (Technicaltree.xyz
By Freelancer Ayon Panda) Affiliate Program into disrepute
We reserve the sole right to determine whether
your website is disqualified from our program due to the above restrictions.
FRAUD
You must not under any circumstances engage in
fraudulent, unfair, or deceptive practices when participating in our (Technicaltree.xyz
By Freelancer Ayon Panda). 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.
SPAM (UCE)
Unsolicited Commercial E-mail – (Technicaltree.xyz
By Freelancer Ayon Panda) 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 (Technicaltree.xyz By Freelancer
Ayon Panda) Affiliate Program, with no refund or payments made for affiliate
commissions earned.
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 unsecure
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 are connected to the use or misuse of our
site or the data.
FORCE MAJEURE
You agree not to hold us liable for any damages
related to issues beyond our control, including but not limited to, acts of
God, war, terrorism, insurrection, riots, criminal activity, natural disasters,
disruption of communications or infrastructure, labor shortages, or disruptions
(including unlawful strikes), shortages of materials, and any other events
which are not within our control
INDEMNITY
You agree to indemnify us for and defend against
any actions by third parties related to your participation in our program. For
example, if you violate our anti-spam policy, and we get sued as a result of
your activity, you must indemnify us for the damages and legal fees that you
cause us to incur.
DISCLAIMER
We make no express or implied warranties or
representations with respect to the Affiliate Program or your potential to earn
income from the (Technicaltree.xyz By Freelancer Ayon Panda) Affiliate Program.
In addition, we make no representation that the operation of our site or the
Affiliate Sites will be uninterrupted or error-free, and we will not be liable
for the consequences of any interruptions or downtime. We expressly disclaim all
warranties, whether written or oral. We will not be liable for any damages that
you, or any third party, may incur as a result of your use or misuse of our
site or promotion of any offer or loss of any data. In jurisdictions that limit
or do not allow these exclusions our maximum liability will not exceed any
amounts paid to you within the previous three (3) payment cycles.
MISC.
If any Court strikes down any provision or
sentence of this Agreement the rest shall remain intact and in full force and effect.
This Agreement will be governed by the laws
applicable in the State of (Insert your state here), without reference to rules
governing conflicts of laws. Any action relating to this Agreement must be
brought in a court of competent jurisdiction located in (Insert Your City and
State Here), or if no such court of competent jurisdiction exists in that
geographical area, then the next closest court which has jurisdiction to hear
the action; you irrevocably consent to the jurisdiction of these and only these
courts. The prevailing party in any dispute or legal action will be entitled to
its reasonable attorneys’ fees and costs.
You may not assign your rights or obligations
under this Agreement, by operation of law or otherwise, without our prior
written consent. We, however, may assign or transfer our rights and obligations
under this Agreement to a third party where we believe it appropriate? for
example, if we sell our business to a third party. Subject to that restriction,
this Agreement will be binding on, inure to the benefit of, and enforceable
against the parties and their respective successors and assigns. Our failure to
enforce your strict performance of any provision of this Agreement will not
constitute a waiver of our right to subsequently enforce such provision or any
other provision of this Agreement.
By submitting this Affiliate Agreement form, you
acknowledge that you have read this agreement and agree to all its terms and
conditions. You have independently evaluated this program and are not relying
on any representation, guarantee, or statement other than as set forth in this
agreement.
(Optional) you may choose not to have the
following rule with your program.
*Please note that NO
COMMISSION is paid on your original purchase of (Technicaltree.xyz By
Freelancer Ayon Panda). In other words, you cannot buy from yourself or be your
first purchase for the sole purpose of discounting your own product purchase.
0 Comments