Affiliate Agreement

Effective date – December 8, 2021

This Agreement (“Agreement”) describes the terms and conditions for participation in the (Insert Your Affiliate Program Name Here) Affiliate Program. The words “Affiliate,” “you,” and “your” refer to you, the person who is applying to participate in our affiliate program. “We” and “our” refer to (Insert Your Affiliate Program Name Here).

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 without notice or reason. Still, we may do so if you or your Site violates any term of this Agreement or applicable law. Closing 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. It 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 information of the stop by this Agreement. Agreement termination will immediately cease your participation with the Site and remove any offers, content, links, or creativity. Once completed, 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 our sole discretion, regardless of the dissimilarity between the amended and original versions. These modifications may include changes in the scope of available referral fees, fee schedules, payment procedures, and rules relating to our affiliate program. If any amendments are unacceptable, 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. In our sole discretion, we reserve the right 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.

You will only be paid for fair compensation earned, which we determine at our sole discretion. Depending on the offer, your payment may be based on (INSERT YOUR FEE) % 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). Dollars unless agreed to by both parties in writing. You are delivered on terms of a schedule of ___________days after the last day of the calendar month or another time frame that has been agreed upon in writing by both parties. Approved methods will make the payments on the website in US currency. You will get the price once you cross the threshold of at least USD 50.00.

(Word This Paragraph to Your Particular Affiliate Program)

You will receive ______% for orders placed through the Affiliate Sites of those sub-Affiliates which you have sponsored. For 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. Affiliate commissions will only be paid on sales made through qualified Affiliates.

Compensation can only be earned between accepting the Affiliate application and notice of termination. Fees will be paid on the first day of each month by (Insert Your Affiliate Program Name Here). 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. To qualify for commissions on sub-affiliate sales in any given month, an affiliate must personally sell at least one order. Fellows will also be responsible for all taxes and fees that they may incur.

ORDER PROCESSING

Customers who purchase products and services through the affiliate program will be deemed as customers of that program. Prices and availability of our products and services may vary from time to time. (Insert Your Affiliate Program Name Here) 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 participation eligibility depends on several things, including how you promote the products or services. This program reserves the right, in its sole discretion and without explanation. The rejection of your participation in the (Insert Your Affiliate Program Name Here) is based on on-site content. Sites that do not qualify for the Affiliate Program:

  • -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 any particular person endorses the Site
  • – 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
  • -Violate any law of any applicable jurisdiction
  • -Would otherwise bring our (Insert Your Affiliate Program Name Here) 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 engage in fraudulent, unfair, or deceptive practices when participating in our (Insert Your Affiliate Program Name Here). The practice is commonly known as “cookie stuffing.” This process offers non-existent incentives as a reward for purchasing items or any other fraudulent practice. In our sole discretion, we reserve the right to determine whether you or your Site has utilized any fraudulent method or is engaging in deceptive tactics. We may suspend your account in case of fraud or deceit. If your account is suspended or terminated for fraud, you will forgo any rights to compensation, both paid and unpaid.

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 an advertiser or us for a particular offer. You do not have any intellectual property rights in any of those materials. Furthermore, any data collected or generated through your efforts, use, or participation are deemed confidential information of our company and 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, including not reproducing or storing it in insecure locations. No one will disclose this data to anyone outside of this Agreement. We will notify you within two 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, connected to the use or misuse of our Site or the data.

DISCLAIMER

We make no express or implied warranties or representations concerning the Affiliate Program or your potential to earn income from the (Insert Your Affiliate Program Name Here) Affiliate Program. Cyberium expressly disclaims all warranties, whether written or oral. We will not be liable for any damages that you, or any third party, may incur due to 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. State law applies to this Agreement 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.

You are not eligible for any rights. Without our prior written consent, you may not assign your rights or obligations under this Agreement. We may transfer our rights and obligations to a third party where we believe 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 and agree to all its terms and conditions. These programs are not relying on any representation, guarantee, or statement other than as outlined in this Agreement. You may choose not to have the following rule with your program. NO COMMISSION is paid on your original purchase of (Insert Your Affiliate Program Name Here). In other words, you cannot buy from yourself or be your first purchase to discount your product purchase. I have read the terms of this Agreement, and I accept it.