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:
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.
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.
You acknowledge and agree that your Website or Publishing Location shall not (and shall not enable others to):
In addition, you acknowledge and agree you shall not:
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.
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 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.
It is the affiliate’s job to request a payout. These may be requested by emailing us at: firstname.lastname@example.org. 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.
In the event that a coupon is applied, you may not be paid.
We may hold back any payments until you send a scanned copy of your passport to email@example.com. This is done to verify your identity.
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.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
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:
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.
ISODME explicitly reserves the right, in its sole and absolute discretion, to:
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:
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.
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.
Being an affiliate, you should follow all international laws. Make sure to:
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
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