Party Monster Miami
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These Terms and Conditions (the "Affiliate Agreement") govern the Affiliate Program that is made available by [YOUR WEBSITE], "we" or "us"). These Terms and Conditions represent the whole agreement and understanding between [YOUR WEBSITE] and the individual or entity who participates in the Affiliate Program (the "Affiliate", or "you").
Please read this agreement carefully as it represents a legally binding agreement between you and [YOUR WEBSITE]. By submitting your application and by your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. [YOUR WEBSITE] may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that [YOUR WEBSITE] believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.
2. Referral Tracking
[YOUR WEBSITE] will provide the Affiliate (you) with specific Referral Links to link products, pages and other marketing content to [YOUR WEBSITE]. Affilo.io (which is a referral tracking software) will track users who have visited these Referral Links using cookies which expire after [ENTER YOUR COOKIE DAYS] days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard.
The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. Affilo.io and [YOUR WEBSITE] is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.
3. Affiliate Fees and Payouts
We payout to our Affiliates on the [PAYMENT DAY e.g 15th] day of every calendar month.
A referral will become eligible for payout ("Eligible Referral") after the commission holding period of [NUMBER OF HOLDING PERIOD DAYS] passes if it meets all of these criteria:
The payment of the order is paid in full by the referred customer.
The referral's account remains active and in good standing.
The referral's account has not had any of its payments refunded, charged back or otherwise reversed.
The Affiliate is entitled to receive a one-time payment of [ENTER COMMISSION PERCENTAGE] of the total order value (excluding shipping and taxes) in [ENTER YOUR STORE'S DEFAULT CURRENCY] for each active Eligible Referral that is recorded in the Affiliate Dashboard. All eligible referrals are payed out collectively on the PAYMENT DAY e.g 15th] day of every calendar month.
All Affiliate Fee payments will be payable in [ENTER YOUR STORE'S DEFAULT CURRENCY] only, except as otherwise determined by [YOUR WEBSITE] in its sole discretion. Payment will be made through PayPal to the email address specified by the Affiliate in the Affiliate Dashboard. The Affiliate is responsible for providing [YOUR WEBSITE] with the full and accurate details that are required to remit the Affiliate Commission, and is solely responsible for any delays in payment resulting from its failure to do so.
Referrals will become void, and any unpaid Affiliate Commissions will be forfeited, after 12 calendar months.
In the event of any activity deemed suspicious by [YOUR WEBSITE], [YOUR WEBSITE] may delay the payment of Affiliate Commissions to verify the relevant transactions. [YOUR WEBSITE] reserves the right to recalculate, void, or disqualify any referrals or Affiliate Commission in the event of any fraudulent, deceptive or otherwise illegal activity.
[YOUR WEBSITE] hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use the [YOUR WEBSITE] logos, advertisements and banners for the sole purpose of promoting our service within the context of the Affiliate Program. This license will expire upon termination of the Affiliate's participation in the Affiliate Program.
The Affiliate may only display advertisements that contain [YOUR WEBSITE's] logos or service marks in good taste. The Affiliate may not use [YOUR WEBSITE's] logos or service marks in a manner that, in [YOUR WEBSITE's] sole discretion, portrays [YOUR WEBSITE] in negative light.
We may provide the Affiliate with marketing material but the Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.
[YOUR WEBSITE] may, without prior notice, require the Affiliate to remove or modify any advertisements in [YOUR WEBSITE's] sole discretion.
The Affiliate may terminate the Affiliate's participation in the Affiliate Program with immediate effect by giving [YOUR WEBSITE] a written notice of termination. The notice must be sent through the messaging system of the affiliate marketing software Affilo.io.
[YOUR WEBSITE] reserves the right to terminate the Affiliate's participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that [YOUR WEBSITE], in its sole discretion, deems to be harmful to its business or any third party.
Upon termination, the Affiliate will lose access to its Affiliate Dashboard and will forfeit all potential or unpaid Affiliate Fees.
6. Relationship of Parties
[YOUR WEBSITE], Affilo.io and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on [YOUR WEBSITE'S] or Affilo.io's behalf.
7. Limitation of Liability
The Affiliate Program is provided on an "as is" and "as available" basis and the use of the Affiliate Program is at the Affiliate's own risk. [YOUR WEBSITE] and Affilo.io make no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program.
[YOUR WEBSITE] and Affilo.io is not responsible for any damages, injury or economic loss arising from the use of Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them.
The Affiliate will indemnify and hold harmless [YOUR WEBSITE] and Affilo.io, their directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate's or any third party's operations or use of the Affiliate Program.
[YOUR WEBSITE] may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Affiliate Agreement.. The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program remains in compliance with this Affiliate Agreement. The Terms and Conditions of the Affiliate Program are also available to read in Affiliate Dashboard.
If any modification is unacceptable to the Affiliate, its sole recourse shall be to terminate this Affiliate Agreement. The Affiliate's continued participation in the Affiliate Program will constitute binding acceptance of such modifications.
The Affiliate warrants and represents that it is over the age of 18 and is qualified to enter into this Affiliate Agreement.
The Affiliate warrants and represents that its actions and its participation in the Affiliate Program is in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. [YOUR WEBSITE] and Affilo.io reserve the right to terminate the Affiliate's participation in the Affiliate Program if [YOUR WEBSITE] and/or Affilo.io determines, in their sole discretion, that the Affiliate's actions or its participation in the Affiliate Program is in violation of any laws, rules, regulations, or any requirements of governmental authority.
This Affiliate Agreement constitutes the entire understanding between [YOUR WEBSITE], Affilo.io and the Affiliate. This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.