This Affiliate Agreement (the "Agreement"), together with any amendments, are entered into by and between Click Analytics Inc. ("Click.org"), and you (the "Affiliate")
This Affiliate Agreement supplements all other terms subsequently agreed to by the affiliate by signing up for Click.org affiliate program.
Therefore, both parties agree to be legally bound as follows:
1. Affiliate Terms:
As an affiliate for Click.org, you agree to the following:
a) Affiliate may not offer any incentives of any kind to influence people to sign up. This includes, but is not limited to, bonuses, cash back offers, rebates, points or any other incentives to sign up.
b) Affiliate may not force website visitors, subscribers, customers or any potential Click.org users to sign up for Click.org as the part of any promotion or as a requirement to user any website, product or service. An example of this is saying that a Click.org account is required to use a product or service you are selling
c) Affiliate cannot endorse or recommend for potential customers to sign up for any particular Click.org plan in any way that influences their natural selection and should in good faith, recommend that they sign up for the best one they can afford.
d) Affiliate cannot suggest to customers to cancel their plan after signing up or to request a refund for the purposes of earning commissions on a 'non' sale or engage in any other bad faith marketing practices.
e) Affiliate must not participate in any fraudulent activities. This includes, but is not limited to, misrepresenting the product or services offered by Click.org, deceiving users into obtaining product or services offered by Click.org or making sales in any deceptive or unethical manner.
We monitor affiliate fraud very carefully and if found on your account, it may result in any of the following: Voiding of any fraudulent commissions, forfeiture of all commissions earned and/or the closing of your account.
f) Affiliate may not sign up under your own affiliate link for the purposes of earning commissions on your own sale or encourage potential customers to create multiple (more than one) Click.org account.
g) Affiliate must not make misleading or disparaging statements, oral or written, about Click.org. Negative marketing campaigns are strictly forbidden and any affiliates using one to promote Click.org will have their accounts closed immediately.
h) Affiliates marketing by email must comply with any and all applicable rules, regulations and laws, specified or not within this Agreement, in respect to email distribution and advertising and relating thereto, including the CAN-SPAM Act of 2003.
i) Affiliate must only distribute email ads to those recipients who have opted-in to receive such email from the affiliate.
ii) Click.org prohibits the use of Spam. Any use of Spam whatsoever by Affiliate will result in the forfeiture of Affiliate's entire commission for all campaigns, and the termination of the Affiliate's account. Affiliate will also be held liable for any and all damages resulting from a violation of this provision including reasonable court costs.
iii) Affiliate must ensure each email recipient is provided with a valid opt-out mechanism within each email delivered in order for the recipients to "opt-out" of future mailings from Affiliate.
iv) Affiliate must not use the Advertiser or Click.org name (including any abbreviation thereof) in the originating email address line ("From" line) or subject line of any email transmission, unless specific permission is given otherwise.
v) Affiliate must not use falsified sender information or falsified IP Addresses.
j) Affiliates may only use the approved marketing materials provided by Click.org. If Affiliate wishes to use other marketing materials or mediums, they should contact Click.org in writing for pre-approval. This includes, but is not limited to, incorporating or recommending Click.org as part of, or in, any training, coaching, software or other product.
In its sole discretion, if at any time Click.org determines that the Affiliate's website or advertising activities are contrary to the terms set out in this agreement, the affiliate will be terminated and will forfeit any and all commissions and earnings.
CPA commissions represented on our website are paid based on average 'per transaction ' amounts and average refund and chargeback rates.
If Affiliate sales transactions value, refund or chargeback rates significantly differs from the average 'per transaction' value, refund or chargeback rates, we reserve the right to modify your commission payout accordingly on any unpaid and future commissions.
From time to time or as deemed necessary, we will may review affiliate accounts to ensure compatibility with our payment model and to ensure they meet the minimum sales standards we have set forth.
Click.org shall pay the affiliate's commission payment by Paypal, approximately fifteen (15) days from the last business day of each month in which commissions are earned. For example, all commissions earned between November 1st and November 30th would be paid on or around December 15th.
If you cannot accept payment by Paypal, please contact us in advance to see if alternate payment methods can be arranged.
It is the affiliate’s responsibility to ensure all contact and payment information is filled out in their account and is accurate.
There is a $100 minimum payout threshold. There are no payment fees or reserves and all commissions earned are in USD.
Click.org reserves the right to withhold payment and take appropriate legal action to cover its damages against any affiliate that violates the terms of this agreement or breaches the representations and warranties set forth in this agreement, or commits fraudulent activity against Click.org. P
4. Limitation of Liability:
Click.org's sole obligation to the Affiliate under this Agreement with respect to Ads shall be to provide such Ads for use in their advertising efforts.
The services provided by Click.org are provided "as is." Click.org makes no warranties, guaranties, promises, or estimates, expressed or implied, oral, written or otherwise except as specifically set forth herein, AND does not guarantee sales, commissions, conversion rates or response rates to the affiliate.
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR COSTS, DIRECT OR INDIRECT, (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM AFFILIATE PARTICIPATION IN CLICK.ORG'S AFFILIATE PROGRAM. CLICK.ORG SHALL NOT IN ANY EVENT BE LIABLE TO AFFILIATE FOR MORE THAN THE AMOUNT PAID TO AFFILIATE HEREUNDER. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST CLICK.ORG MORE THAN ONE YEAR AFTER THE DATE OF SERVICE.
Affiliate agrees to not to hold Click.org or Advertisers liable for any of the consequences of interruption or service.
Affiliate agrees to indemnify and hold harmless Click.org and each if its agents, officers, directors and employees against all liability to third parties resulting from the acts or failure to act of such indemnifying party, or any act of its customers or users. Affiliate is solely responsible for any legal liability arising out of or relating to the affiliate's website(s), any material to which users can link through the affiliate's website(s) and/or any consumer and/or governmental/regulatory complaint arising out of any email campaign or other advertising campaign conducted by affiliate, including but not limited to any Spam or fraud complaint and/or any complaint relating to failure to have proper permission to conduct such campaign to the consumer.
Neither party shall be deemed in default of this agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, terrorism, riots, acts of government, shortage of materials or supplies, or any other cause beyond the reasonable control of such party.
We reserve the right to modify or amend this agreement at any time without notice and all changes will be effective immediately. It is the responsibility of the Affiliate to read and keep up to date with the Agreement and Affiliate Terms with or without notice of change from Click.org.