Affiliate Contract for Affvertize.com and Payment terms
Kindly review the subsequent affiliate Contract (referred to as the "Contract"). By enrolling as an affiliate with Affvertize.com (known as the "Program"), you acknowledge and agree to all the terms and conditions outlined in this Contract. Please carefully read and understand the following terms and conditions, as they constitute the binding agreement between you, the affiliate, and the Program. Should you disagree with these terms and conditions, it is imperative that you refrain from completing the application form to become an affiliate. By submitting the application form and becoming an affiliate, you are consenting to be bound by this Contract.
The Program enables affiliates to promote various interactive platforms accessible through the websites listed at https://affvertize.com (referred to as the "Site") in accordance with the terms stated in this Contract.
Enrollment in the Program
By fulfilling the required form(s) for Program enrollment, you affirm and warrant to the Program that you are either over the age of 18 or have reached the legal age of majority in your jurisdiction, whichever is higher ("Legal Age of Majority"), and that you possess the capacity to enter into this Contract. The Program reserves the right to refuse your enrollment or terminate your Program membership immediately if, at its sole and absolute discretion, it deems you to be below the Legal Age of Majority. By completing the aforementioned form(s), you also certify to the Program that the laws of your jurisdiction do not prohibit you in any way from entering into this Contract or promoting and/or accessing the Sites.
You understand that your ability to fulfill the terms of this Contract is dependent on your access to the internet, and you assume sole responsibility for any associated costs related to your actions in connection with this Contract. This includes, but is not limited to, website setup, internet connectivity, website maintenance, and website hosting. You acknowledge and agree that while the Program may initially offer free hosting upon your application or acceptance into the Program, such free hosting service is subject to revocation at any time. Therefore, you will be required to independently seek and bear the costs of hosting services for any websites created under this Contract.
You are hereby granted a non-transferable, non-exclusive, and revocable license to access and download approved promotional materials such as banners, videos, photographs, and other promotional items ("Promotional Items") for use on your privately owned website(s) ("Referral Sites"). These Promotional Items are licensed to you solely for the purpose of advertising, marketing, and promoting Member Sites. Any licenses granted to you under this Contract will immediately cease and revert to the Program upon termination or cancellation of this Contract.
You agree not to use or distribute any or all of the Promotional Items in any manner that violates the terms of this Contract or applicable laws.
Restrictions on AdWords and Intellectual Property Usage
While you are granted a revocable, non-transferable, non-exclusive license to use the Site names in connection with directing traffic to the Sites, you are strictly prohibited from:
Utilizing terms such as "Official," "Officially," "Official Site," or similar verbiage in association with your promotion of the Sites. Associating the Site names ("Site Names") with any similar or competing websites or services. Creating multiple links, commonly known as "link spam," utilizing the Site Names or other intellectual property, whether through automated link building or other means, with the intention of increasing the ranking of Referral Sites, our Site(s), or any other site(s) on search engines. Posting or causing to be posted out-of-context or false comments or notations in the "comments" or similar sections of any website(s) containing links to any of our Sites. Registering any domain name that incorporates or misspells any of the Site Names. Any violation of this section of the Contract will result in immediate termination from the Program, forfeiture of any earned but unpaid funds, and full cooperation in transferring any prohibited items to the Program as the rightful owner.
No Paid Search Advertising
Direct or indirect promotion of any or all of the Sites or Site Names, including directing traffic to any Referral Sites, through paid search advertising platforms such as Google AdWords or Bing Ads, is strictly prohibited.
Subject to the limitations outlined above and as per the license granted herein, the Program may, upon prior written request, authorize you to use any and all Site Names of your choosing in connection with promoting the Sites. However, your chosen website domain name(s) must not infringe on the intellectual property rights of the Program, its affiliated entities, or any third party, defame, insult, harass anyone, or promote or suggest illegal activities.
Representations to the Program
You hereby represent and warrant that you will implement safeguards, such as an "age verification" page, to ensure that individuals below the Legal Age of Majority cannot access any explicit content within the Promotional Items. Furthermore, you warrant that you will not "deep link" in a manner that bypasses the requirement for individuals referred to the Sites to confirm that they have reached at least the Legal Age of Majority.
You also warrant that you hold all legal rights, free from encumbrances or third-party claims, to all images, text, scripts, applications, logos, and functional elements used in connection with this Contract.
No Promotion in Violation of Third-Party Terms
You agree to promote the Sites only through services and providers that permit such promotion. Promoting the Sites on or through any service or provider that disallows such advertising will result in immediate termination of your account without notice or payment.
Provision of inaccurate or incomplete data.
Residence in a country subject to U.S. embargo or inclusion on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The aforementioned groups are not exhaustive, and it is your sole responsibility to comply with the laws, regulations, rules, and customs of your own jurisdiction. Ownership of Promotional Items
You hereby acknowledge and agree that all rights to the Promotional Items exclusively belong to the Program and/or its licensors. Additionally, any Promotional Item(s) created by you and approved by the Program shall be deemed a specially ordered and commissioned "work made for hire" within the meaning of the 1976 Copyright Act. Compensation for such items will be provided according to the terms specified in the agreed-upon payout Agreement between you and the Program.
The Program strictly prohibits the use of email or telephone marketing to promote the Sites, including MMS, SMS, and similar services and systems. Any marketing activities that violate this provision will result in immediate termination from the Program without payment. It is crucial to note that all promotion and email advertising of the Sites by you or on behalf of your account and/or any subaccount must comply with applicable laws, rules, and regulations, including those in effect in the United States of America. This includes, but is not limited to, the CAN-SPAM Act of 2003 and the Telephone Consumer Protection Act.
You acknowledge that it may be necessary for the Program to send you emails containing information about your Program account and any changes to the Program. While the Program retains the right to send such emails.
This text appears to be excerpts from an agreement between two parties, possibly an affiliate marketer and a program or company. Here is a breakdown of the key points in the text:
Independent Entities: The agreement clarifies that neither party intends to form a joint venture or employment-like relationship. The affiliate acknowledges that they are an independent advertiser and cannot act on behalf of the program or bind the program to any debt or agreement.
Program Payouts: The program issues payments (referred to as "Payouts") to affiliates on a monthly basis.
The amount of the payout depends on the number of internet users who purchase a membership to the sites after clicking on the affiliate's referral link. The payout amount varies based on the number of subscriptions generated by the affiliate in the current pay period.
Payment Schedule: Payouts are made on the 7th of each month. Payments for the month are sent on the 7th of next month. If a bank holiday falls on the payment date, the payment will be issued on the next business day. Please note that in special case, we can Pay Biweekly payment as well.But in Any Case, First Payment will be Monthly only untill your Traffic Quality is measured and no complaint received from the advertisers. The payment terms are here referred to as the following :
The Affiliate shall pay all applicable taxes (if any) due to all taxing authorities arising from, or in connection with, Affiliate's participation in the Network. The Affiliate acknowledges that for certain types of payments, including but not limited to international wire transfers, additional fees may be charged by Affvertize to cover the additional costs associated with these forms of payments. (Wire fee is 35$) Affvertize may require the Affiliate to provide any reasonable identification information and documents as a condition precedent to receiving any Fees payments. Affvertize may withhold payments until an applicable Advertiser has paid Affvertize for a corresponding Offer. Affvertize reserves the right to reduce all payments owed to the Affiliate where an Advertiser has offset payments owed to Company. Invalid Subscriptions: The program will only pay for valid subscriptions, and it outlines what constitutes fraudulent activity or invalid subscriptions. It includes examples such as multiple subscriptions from the same IP address, cancellations within 24 hours, and subscriptions made with credit cards listed in a negative database.
Termination and Cancellation: The program reserves the right to terminate an affiliate's account for various reasons, including violating the terms of the agreement, engaging in fraudulent activity, or promoting prohibited content. Either party can terminate the agreement by providing written notice. Upon termination or cancellation, all licenses granted to the affiliate cease, and they must remove promotional materials.
Digital Millennium Copyright Act (DMCA) Notice: The program complies with the DMCA and has procedures in place for reporting and handling copyright infringement claims. It specifies the information required for reporting infringement and the process for taking down infringing material.
No Warranties: The agreement includes a disclaimer of warranties, stating that the program provides materials and services on an "as is" and "as available" basis. The program disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Please note that this summary is provided for informational purposes only and does not constitute legal advice. It's important to consult with a legal professional for a comprehensive understanding of any legal agreement.
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