Affiliate Program Agreement

Question

Accepted Answer

Last Updated: July 2023

Our Affiliate Program (the “Program”) is meant to encourage you to promote our Digital Products, bring us to new audiences, and make sure that you are rewarded for your activity. It does not create any relationship between us apart from independent contractors; you are not our employee, nor do we have a partnership: if we approve your participation in this program, you are an independent contractor.

This means you should pay all applicable taxes, make sure that you have proper insurance, and not make any statement on our behalf. It also means that we will pay you the sums we agree upon on specific dates.

Please understand that our liability to you is limited, as stated in our terms of service, and that we are non-exclusive; we can find other affiliates, and you can market other products.

Scope of the Relationship

In plain English: We’re independent contractors, you can’t share your account with others.

When joining the program, and upon our approval, you will be appointed as a non-exclusive affiliate, and you shall act to refer new potential customers to purchase our products and services. As our affiliate, you may not present yourself as a part of 369WebSolutions, and may not create any obligation on behalf of 369WebSolutions.

Your participation is personal, meaning that you cannot have sub-affiliates or share your affiliate fees with anyone else.

You shall invest reasonable time in promoting our Promotions, and do it with good quality; if we find that your promotional material is problematic, offensive, illegal, or otherwise objectionable, we may terminate your participation in the program.

You represent and warrant that you are able to participate in the program, that you will only act in a legal, bona fide manner, and that you will not infringe on any intellectual property right or act in any deceptive practice when participating in it.

Promotional Materials and Intellectual Property

In plain English: Respect our intellectual property, we give you limited permission.

We reserve all our Intellectual Property Rights; and we provide our affiliates a limited, temporary, non-exclusive, non-transferable, non-sublicensable license to use our trademark, brand name, and promotional materials, and such license is limited only to the use in promoting our Digital products with our permitted banners.

This means that you cannot use our Intellectual Property Rights with another brand name or as a bundled project. It also means that you cannot allow others to use the content we licensed to you.

You may only use the permitted banners and promotional material that we provide you as a part of our gallery.

All promotional materials showing prices should reflect updated prices and discounts at any time.

Termination and Suspension

In plain English: We may stop this relationship at any time.

We reserve the right to terminate your affiliation with 369WebSolutions. (i.e., your membership in the Program), at any time, by providing you with notice of such termination (to the email account with which you applied to the Program), and with immediate effect, at 369WebSolutions’s sole discretion. When we terminate our relationship, you must cease using all of our Intellectual Property Rights.

In any case, if we suspect any breach of these terms, we may also suspend your account until we receive sufficient evidence from you that shows that no breach of these terms occurred. In such a case, we may require a review of your books and records prior to reinstatement.

Upon termination due to breach (save for termination due to inactivity), we shall retain all funds in your account.

Termination for Inactivity

In plain English: If your account is inactive for an extended period, we will terminate your account and only pay the outstanding balance if it is over a specific sum.

In case we believe that your account is inactive, meaning it did not earn any commission or receive any visits using your referral code, then we may decide to close down your account. In such case, your pending balance, will not be paid. We will not use this right without providing you notice of at least 14 days, allowing you the time to market and promote your affiliate code and restore your “active” status.

Termination for client cancellation

In plain English: If your client cancels their service with us or if they switch to another service.

In case your client cancels the purchased subscription, your commission for that client will be canceled.

In case your client cancels the Digital Product purchased with us, and switches to other services provided by us, your commission for that client will be canceled.

Malicious Use

In plain English: Don’t act bad and keep our reputation. Don’t Distribute On Your Own.

As long as you participate in the program, you cannot combine the digital product from this program with any other service that you may offer, nor can you create derivative works of it. This is to ensure that all distribution of these digital products is made only via our official channels and without any backdoors, changes, or insertion of malicious code.

Any work you created that uses both intellectual property, and your own (for example, a promotional video that has our logo) must be destroyed or deleted. If you do not wish to do so, please contact us and request our specific consent.

Commission

In plain English: We pay according to your leads that made the purchase.

Each affiliate will be provided with a fixed affiliate commission that we will notify. We may change this commission at any time based on our own discretion. Such changes will not be retroactive.

We pay our commission for qualified leads; a qualified lead is a new client, who subscribed to our platform using the affiliate code and who made a purchase of our Digital Products, provided that we were not introduced to this customer by any other affiliate or that he did not subscribe to our website of his own. We will not pay a commission for self-dealing, i.e using the affiliate program to get discounts.

The commission shall be calculated out of our net revenues from your qualified leads, which means our total revenues, minus taxes, chargebacks, cancellations, bad debt, collection costs, clearing costs, and payments made to collect the payment.

You agree that our books and records are deemed accurate and that our tracking is final.

Payment

In plain English: We will pay you according to our specific program.

Your commission is calculated only upon payment to you. Until then, the expected payment is not an obligation from us to you, but an estimation of future revenues.

We pay our affiliates on a yearly basis when their clients pay their annual subscriptions. The payment shall be made via Zelle or any other method we agree upon.

In the first year, the payment for a referred client will be 20% of the total subscription.

In the second and following years, the payment will be 10% of the total subscription.

Until the payment is made, the sums specified on your account are not considered debt, and shall not be paid until you qualify for the payment.

You shall bear all taxes and expenses relating to the payment, including any fees which may be incurred by your bank.

You are required by law to provide us with an invoice upon payment.

If we provide a qualified lead with a refund, then we may deduct the commission from your future payment, or request that you return such fees. You also agree that we may offset any sums that you may owe us from any future payments.

Each party shall bear its own expenses and the commission you are entitled to be the sole payment you receive in relation to your services.

Bad Practices

In plain English: We will kick you out if you are a bad actor.

Without limiting our Trademark Guidelines, we consider the following as “bad practices” which are prohibited and will cause automatic termination of your participation in this program, as well as forfeiture of all sums you are entitled to.

Please note that if at any time we believe that you acted in bad faith or illegally, we may also cancel your participation and withhold all payments.

The following are considered bad practices: (i) using deceptive practices, encouraging users to click banners or use of any automated means to create traffic; (ii) presenting yourself as a part of 369WebSolutions; (iii) using 369WebSolutions brand, either in violation of the Trademark Guidelines while presenting unpermitted banners, or when using the 369WebSolutions Brand as a part of your domain name, website name, banners or in any form of paid advertising (for example, PPC campaigns); (iv) using domain names that imply any link to the 369WebSolutions brand including the word “369WebSolutions ” or similar sounding, looking or typed names; (v) spamming; (vi) buying traffic; (vii) using paid search or keyword advertising using our Intellectual Property Rights or brand name to drive traffic to your site or to the banners; (viii) making any changes to the 369WebSolutions plugin or including the tags, pixels and codes in items not related to 369WebSolutions; (ix) offering coupons or discounts without our consent; (x) offering others a part of your commission; (xi) placing your unique affiliate link in themes, templates, (xii) using words like “deal”, “sale” or “discount” in a deceptive manner or in a way stating that there is any discount, rebate, cash-back or other reduced payment for the services when there isn’t.

All websites which you use to promote 369WebSolutions must have a prominent privacy policy, which is acceptable under the relevant privacy protection laws, as well as provide a prominent notice on the collection of data made by us using the tag, pixel, and code.

This list is non-exhaustive, and we may block any practice that we believe is bad and terminate or suspend your account due to it. Bad Practices also include any illegal or unauthorized advertising, infringing intellectual property rights, invading users’ privacy, or otherwise using any advertising in violation of local laws and regulations.

Confidentiality

In plain English: Don’t tell others how much you earned from the program.

Our relationship is confidential; meaning that your commission is confidential, but the fact that we paid you is not. You should add a decent disclosure if required by law that you receive a commission for every referral to us, but you should not tell others what is your specific commission.

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