ISODME AFFILIATE PROGRAM AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT DETAILS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Last Revised: 2019-02-22 14:56 EDT

BY USING OUR SITE OR OUR SERVICES, YOU AGREE TO THE FOLLOWING:

1. OVERVIEW

This Affiliate Program Agreement (this "Agreement") is entered into by you and between ISODME, a DBA operating in the United States of America. This Agreement is made effective as of the time of electronic acceptance. The Agreement sets forth the terms and conditions of your use of the Affiliate Program (the "Affiliate Program" or the "Services"). Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement. The terms "we", "us" or "our" shall refer to ISODME. The terms "you", "your", "User", "customer" or "Affiliate" shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. ISODME, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are detailed in this Agreement. at any time. These changes or modifications shall be effective immediately upon posting to the ISODME website (this "Site"). You acknowledge and agree that (a) ISODME may or may not notify you of such changes or modifications by posting them to this Site and (b) your use of ISODME’s website or the Services found after these changes or modifications have been made (as indicated by the "Last Revised" date at the top of this page) shall constitute your acceptance of this Agreement as last revised. As such, it is important that you look at ISODME’s Affiliate Program Agreement before using your services. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. Failure to contact ISODME in a timely manner constitutes a violation of these terms. ISODME may occasionally, but not always, notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep all of your account ("Account") information up-to-date.

2. DESCRIPTION OF THE PROGRAM

We grant you a non-exclusive, non-transferable limited license to use the Affiliate Program in accordance with the terms and conditions set forth herein. The Affiliate Program allows you to provide a platform for advertising ISODME through your "Web Site" or "Publishing Location" (such as an electronic newsletter or blog). By driving traffic to our Site or Site content, you may earn “ISODME credit" if a person or entity that is not you or a computer (a "Visitor") uses one of our products or services actively after being referred to our Site or Site content from a trackable internet hyperlink (a "Link") contained on your Website or Publishing Location. After being referred to our website or website content from your Link contained on your website or Publishing Location, Visitors have ninety (90) days to signup in order for you to receive ISODME credit. Please note that you will only receive ISODME credit after our tracking software has been installed on the Visitor’s browser. Subsequent signups must be completed via the same browser with the tracking software. Our tracking software installs a “cookie” in the browser’s cache. Cookies must be enabled by the Visitor. If the Visitor clicks on another website or Publishing Location's Link that is not controlled by you, or return to the ISODME Site via another source-coded advertising Link during the initial forty-five (90) days, your Link may be overwritten. If this happens, you will not receive a Referral Point for that Visitor. You acknowledge and agree that only signups completed through our Site or Site content will be eligible for Referral Points. You are not eligible for Referral Points on signups made by you, your employees, agents, representatives, computer programs (“Bots”) or contractors. Signups completed on reseller accounts or through ISODME’s API partners are not eligible.

3. WEBSITE AND PUBLISHING LOCATION RESTRICTIONS

You acknowledge and agree that your Website or Publishing Location shall not (and shall not enable others to):

  • Engage in (a) sending unsolicited commercial email ("spam") or (b) indiscriminate advertising;
  • Fail to comply with laws in any country regulating commercial email;
  • Collect personal information about minors without their parent's prior written consent;
  • Contain pornographic or obscene content, tasteless images, or excessively violent or hate-related material, as determined by ISODME in its sole and absolute discretion;
  • Encourage the use of any substance;
  • Encourage unlawful behavior;
  • Display, promote or sell illegal content, or offer any illegal product or service;
  • Violate any applicable law;
  • Contain any false, inaccurate, misleading, defamatory, slanderous or libelous content or statements;
  • Advocate, promote, or encourage violence or discrimination against any person, organization, or governmental entity;
  • Contain Links to Web Sites containing the serial numbers for unlocking software illegally, pyramid schemes, or impersonations of another person or organization
  • Contain Links to Web Sites containing any of the aforementioned content; or contain bad content, as determined by us in our sole and absolute discretion.
  • Violate any terms listed on our terms of service

In addition, you acknowledge and agree you shall not:

  • Copy, alter or modify any icons, buttons, banners, graphics, files, or content contained in our Site, including but not limited to removing or altering any copyright or trademark notices. You recognize that we own all rights in and to all information regarding the Visitors that you refer to our Website or Website content.
  • Enter into any arrangement or agreement under which a third party pays you fees or shares in any revenues or royalties for any search results displayed on your Web Site.
  • Alter our approved tracking codes to allow you to (a) collect personally identifiable information of Visitors that would allow you to personally identify Visitors, or (b) obscure the site from which the Visitor is referred, including the use of link cloaking, asp/php redirects, and/or link shortening services not provided by ISODME.
  • Allow your Web Site or Publishing Location be a downloadable or internet accessible, as determined by ISODME in its sole and absolute discretion.
  • Use an ISODME look-a-like site that suggests or gives the Visitor the impression that your Site or Publishing Location is affiliated with ISODME. Your Web Site or Publishing Location shall not in any way copy or resemble the look and feel of our Site or Site content, and you shall not create the impression that your website or Publishing Location is part of ISODME network of Sites. This includes using our trademarks, trade names, or any variations or misspellings thereof, in your URL, business name, content, or site name. You shall not "frame" or permit the "framing" of any page of our network of Sites.
  • Cause any signups to be made that are not in good faith, including, but not limited to, using any method, device, program, robot iframes, embeds, or hidden frames. Multiple signups from the same individual, entity or IP address may be considered non–bona fide signups. Non-bona fide signups shall not be eligible for ISODME Credit.
  • Do anything to give the impression to anyone that you, or ISODME, are an Internet Corporation for Assigned Names and Numbers ("ICANN") approved registrar.
  • Engage in activities, whether lawful or unlawful, that ISODME determines, in its sole and absolute discretion, to be harmful to us or our customers, employees, operations, or reputation.
  • Purchase or generate traffic to your Web Site or Publishing Location by any of the following methods: listing on newsgroups, bulk emailing, ICQ postings, chatroom postings, iframes, small or zero pixel frames, hit bots, click bots, spiders, cgi-scripts, JavaScript®, click farms, Flash®, forum posts, cookie stuffing, auction listings, banner/traffic exchanges, PPC search on terms trademarked by ISODME, or any other similar method.
  • Participate in any other Affiliate Marketing Program.

You acknowledge and agree that we may terminate your Services and refuse to allow you to redeem ISODME credit if you, your Site or your Publishing Location violates any of the aforementioned restrictions or additional restrictions or is deemed harmful to anyone, as determined by ISODME in its sole and absolute discretion.

4. ISODME CREDIT CALCULATION

ISODME Credit Generally:

ISODME uses instant tracking software to determine your signups. You acknowledge and agree that any daily estimates do not represent an exact determination of your Referral Points and the exact amount of your ISODME Credit may be different. However, you acknowledge and agree that in calculating your ISODME Credit, our determination regarding shall be the final and binding determination. The commission structure applicable to you may be found by visiting our Site. We expressly reserve the right to change or modify the commission structure at any time, and such changes or modifications shall be effective immediately upon posting to your ISODME Affiliate page without the need for further notice to you. After payments become available, you may request to redeem your ISODME Credit. Referral Points will be awarded in accordance with the provisions below and will represent Referral Points earned in the immediately preceding month or quarter, as the case may be. ISODME reserves the right to extend the award date on orders suspected of fraudulent or abusive activity.

ISODME Credit Payout

ISODME will deposit credit into your account. You may use these for any of our Services. ISODME does not deem this to be income; thus, there is no need to request applicable tax information. The payout date is the date that the ISODME Credit is sent to you. In the case that you would like cash payments, Cash payments will be paid by PayPal®, as detailed below.

PayPal®

It is the affiliate’s job to request a payout. These may be requested by emailing us at: hello@isodme.com. We will do our best to calculate your payout in a timely fashion, but there are no guarantees as to the time. It is the affiliate’s job to ensure that they are able to be paid via PayPal® in United States dollars. ISODME may take a fee upon the payout. You agree that you will request applicable tax information and papers and apply the information to your tax filings.

Coupon Codes

In the event that a coupon is applied, you may not be paid.

5. AFFILIATE OBLIGATIONS, REPRESENTATIONS AND WARRANTIES

Application Obligations

We may hold back any payments until you send a scanned copy of your passport to hello@isodme.com. This is done to verify your identity.

Privacy Obligations

You agree that you will post your privacy policy on your Web site or Publishing Location and otherwise make it available to all Visitors. Your privacy policy must comply with all applicable laws and regulations regarding the privacy of Visitor information, be commercially reasonable, and fully and accurately disclose your collection and use of Visitor information. In addition, you must fully and accurately disclose your use of third party technology, including our tracking technology, use of cookies, and options for discontinuing use of such cookies.

Indemnification Obligations

You agree to hold harmless ISODME from and against any and all claims, damages, losses, penalties, costs, expenses and fees (including without limitation reasonable attorneys' fees) (collectively, "Claims") arising out of or in connection with (i) Affiliate's breach of or non-compliance with this Agreement, (ii) Affiliate's use of the Services, (iii) Affiliate's violation or alleged violation of any applicable law, (iv) Affiliate's violation or alleged violation of any rights of another, including violation of a person's or entity's intellectual property rights, (v) any products or services offered, sold or otherwise made available by Affiliate on Affiliate's Web Site or Publishing Location, (vi) Affiliate's acts or omissions in using, displaying or distributing any Links obtained from the Affiliate Program or elsewhere, including but not limited to Affiliate's use of Links via email distribution, or (vii) any assertion that ISODME is obligated to pay taxes in connection with an ISODME Credit made by ISODME to Affiliate pursuant to this Agreement. In the context of this Section only, the term “ISODME" shall include ISODME's officers, directors, employees, agents, representatives, contractors, and any entity that controls, is controlled by, or is under common control with, ISODME. Affiliate's indemnification obligations set forth in this Section shall survive the expiration or termination of this Agreement.

6. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

7. AVAILABILITY OF AFFILIATE PROGRAM

Subject to the terms and conditions of this Agreement and our policies and procedures, ISODME shall use commercially reasonable efforts to attempt to provide the Affiliate Program on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the Affiliate Program may be inaccessible or inoperable for any reason, including, without limitation:

Equipment malfunctions:

Periodic maintenance, repairs or replacements that we may undertake from time to time; or
Causes beyond the reasonable control of ISODME or that are not reasonably foreseeable by us, including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
You acknowledge and agree that we has no control over the availability of the Affiliate Program on a continuous or uninterrupted basis, and assume no liability to you or any other party with regard thereto.

8. OUR RIGHTS AND REMEDIES

ISODME explicitly reserves the right, in its sole and absolute discretion, to:

  • Modify the thresholds, payouts, Links, or any terms and conditions of the Affiliate Program without advance notice, if we desire;
  • Establish limits and guidelines concerning the use of this program;
  • Terminate your license to use the Affiliate Program if your use of the Affiliate Program is in violation of the terms and conditions of this Agreement or for any other reason.

If ISODME terminates your license to use the Affiliate Program, we may, in our sole and absolute discretion, remove and destroy any data and files stored by you on its servers. We have no obligation to monitor your use of the Affiliate Program but reserves the right to do so. Notwithstanding anything to the contrary in this Agreement, in addition to any and all other rights and remedies to which ISODME is entitled, we specifically reserve the right to:

  • Terminate the Affiliate Program at any time for any reason.
  • Terminate your license to use the Affiliate Program at any time for any reason. You acknowledge and agree that the determination as to whether a signup was "validly generated" from your Web Site or Publishing Location shall be made in ISODME's sole and absolute discretion. If you are terminated and removed from the Affiliate Program, you may appeal at help@isodme.com.
  • Suspend your license to use the Affiliate Program at any time for any reason. If your license is suspended, you may not receive ISODME Credit during your suspension period, whether ISODME Credit is accrued before or during your suspension period. After completion of an internal investigation, if you are allowed back into the Affiliate Program, ISODME will make any Referral Points from validly generated signups from your Web Site or Publishing Location which accrued before or during your suspension period. You acknowledge and agree that the determination as to whether a signup was "validly generated" from your Web Site or Publishing Location shall be made in our sole and absolute discretion.
  • Require the forfeiture of any previously earned award in connection with the Services, which has been paid or yet to be paid on any signups you generated or assisted in generating during any times when you are in violation of this Agreement.
  • Deactivate any and all accounts and domains that ISODME believes, in its sole and absolute discretion, to be violating the terms and conditions of this Agreement.

9. TRADEMARKS

You acknowledge and agree that the Affiliate Program, the names, trademarks, and logos of ISODME, and all related product and service names, design marks and slogans, including misspellings and variations (the “ISODME Trademarks"), are the sole and exclusive property of ISODME, and your use of the ISODME Trademarks shall inure to the benefit of ISODME. Even if the specific ISODME Trademarks are not registered, you agree, by browsing our site, that the ISODME Trademarks are of ISODME and may not be used for any purpose except explicitly stated by ISODME. You are not authorized to use the ISODME Trademarks in any advertising, publicity, or other commercial venture except by displaying in an unaltered state the icons, buttons, banners, graphics, files, or content contained in ISODME's Links if allowed explicitly allowed. You agree not to utilize, advertise, or otherwise promote any mark of ISODME in the headline or description copy associated with pay-for-placement search engines or paid search engine advertising and you may not bid on any mark of ISODME on any pay-for-placement search engines.

10. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

11. IMPORTANT NOTES

Being an affiliate, you should follow all international laws. Make sure to:

  1. Keep track of your users and actively ensure that you are not targeting people forbidden on this list; and
  2. Have a notice before the link that states that your ISODME Link is an affiliate link and that you are therefore compensated;

12. DEFINITIONS; CONFLICTS

Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions defined in this Agreement shall control.
Revised: 2019-02-21 14:56
Copyright © 2019 ISODME. All Rights Reserved.

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