SplendApp Affiliate Program Terms of Service
SplendApp Affiliate Program Terms of service agreement
By registering as an Affiliate in the SplendApp Affiliate Program (“PROFITING”), you agree to be governed by the terms and conditions set out below (“Terms of Service”).
SplendApp retains the right, without prior notice, to alter and modify the Terms of Service. The Terms of Service shall apply to any new features that complement or expand the present Program, including the provision of additional tools and resources. Continued use of the Program following any such modifications constitutes your acceptance of such changes.
- You must be at least 18 years old to participate in this Program
- It would help if you were a human race. Accounts created via “bots” or other automated means are prohibited.
- You must submit your full legal name, a valid email address, and any additional information needed
- Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to SplendApp. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.
- To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the SplendApp. You must ensure that each of the links between your site and the SplendApp properly utilizes such special link formats. Links to the SplendApp placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a SplendApp product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
- Affiliate links should point to the page of the product being promoted.
- Referral fees/commissions and payment
Links/graphics on your site, in your emails, or in other communications
After you’ve registered for the Affiliate Program, you’ll receive a unique Affiliate Code. You may use the links, banners, and other visuals that we give with your Affiliate Code on your website, in your emails, and other communications. In addition, we’ll offer you rules, link styles, and graphical artwork for integrating SplendApp into your website. We have the right to change the design of the artwork at any time without notice. However, we will not alter the picture proportions without prior notification.
To ensure appropriate monitoring, reporting, and referral fee accrual, we’ll give you customized link formats to utilize in all links between your site and the SplendApp. You must guarantee that each link between your website and SplendApp employs these specific link forms correctly. “Special Links” refers to links to the SplendApp that are put on your site by this agreement and appropriately employ such particular link types. You will earn referral fees only for sales of SplendApp products that occur directly through Special Links; we will have no liability to you or anyone you refer for their failure to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure results in any reduction of amounts otherwise payable to you under this agreement.
Affiliate links should direct visitors to the product’s website.
Referral fees/commissions and payment
To be eligible to receive a referral fee on a Product sale, the customer must click through a Special Link from your site, email, or other communications to https://splendapp.com and complete the product purchase during that session.
We will only pay commissions for connections that our systems track and report on automatically. For example, we will not pay commissions if someone claims to have purchased or submitted a referral code, but our system did not track it. We can only pay commissions on sales produced by properly structured special links recorded automatically by our systems.
We have the right to exclude commissions generated by deceptive, unlawful, excessively aggressive, dubious sales or marketing practices.
Identifying yourself as a SplendApp Affiliate
You are not permitted to publish any press releases relating to this agreement or your participation in the Program; doing so may result in your termination from the Program. Additionally, you may not misrepresent or embellish our relationship with you by claiming that you develop our products, that you are a part of SplendApp, or by expressing or implying any relationship or affiliation between us and you or any other person or entity, except as expressly permitted by this agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
We compensate you regularly, but only for completed jobs. As a result, any unpaid collection will remain unpaid until the customer completes the job.
Customers are those who subscribe to our services through this Program. As a result, such customers will be bound by our rules, policies, and operational procedures governing client subscriptions, customer support, and product sales. Our policies and procedures are subject to change at any time. For example, we will price things sold via this Program according to our pricing criteria. Therefore, products’ prices and availability are subject to change without notice. Because price changes may affect Products listed on your site, you should avoid posting product pricing. While we will use commercially reasonable efforts to provide accurate information, we cannot guarantee product availability or pricing.
You will be fully responsible for the creation, operation, and maintenance of your site and any content appearing on it. For instance, you will be fully accountable for the following:
— The site’s technical functioning and its associated equipment
– Ensuring that the Special Links shown on your site do not breach any agreement you have with a third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The honesty, truthfulness, and suitability of the items on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Assuring that the items on your site do not breach or infringe the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that no libelous or otherwise unlawful items are placed on your site
– Ensuring that your site accurately and adequately discloses how you collect, use, store, and disclose data collected from visitors, including, where appropriate, the fact that third parties (including advertisers) may serve content and advertisements and collect information directly from visitors, as well as place or recognize cookies on visitors’ browsers.
Compliance with Laws
As a condition of your participation in the Program, you agree to comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority having jurisdiction over you during the time you are a Program participant, regardless of whether those laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements are currently in effect or become effective during the time you are a Program participant. In addition, without limiting the above, you agree that as a condition of participating in the Program, you will comply with all relevant laws (federal, state, or otherwise) governing marketing email, including, but not limited to, the CAN-SPAM Act of 2003 and any other anti-spam laws.
Term of the Agreement and Program
This agreement shall commence upon our approval of your Program application and will conclude when either party terminates it. You or we may terminate this agreement anytime, with or without reason, by providing writing notice to the other party. Suppose this agreement is terminated for any reason. In that case, you agree to immediately cease using and remove from your site all links to https://splendapp.com, as well as all of our trademarks, trade dress, logos, and all other materials provided to you by or on behalf of us under this agreement or in connection with the Program. SplendApp maintains the right to terminate the Program at any time and for any reason. SplendApp will pay any accumulated profits upon program cancellation.
SplendApp reserves the right, in its sole discretion, to suspend or terminate your Account and to deny you access to the Program or any other SplendApp service for any reason at any time. Such termination of the ServiceService would result in the deactivation or deletion of your Account or your access to it, as well as the forfeiture and relinquishment of all potential or unpaid commissions in your Account if they were earned through fraudulent, illegal, or excessively aggressive, questionable sales or marketing methods. In addition, SplendApp retains the right, at any moment, to deny ServiceService to anybody for any reason.
Relationship of Parties
You and we are independent contractors, and nothing in this agreement shall constitute a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You shall be prohibited from making or accepting any offers or representations on our behalf. You will not make any comment, whether on your website or elsewhere, that may reasonably be interpreted as contradicting anything in this Section.
Limitations of Liability
We are not responsible for any indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising out of this Agreement or the Program, even if we have been warned of the potential of such damages. Additionally, our overall liability under this agreement and the Program shall be limited to the total referral payments paid or due to you under this agreement.
We offer no guarantees or representations, explicit or implied, about the Program or any items supplied via the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). Additionally, we make no warranty that the SplendApp will operate without interruption or error, and we will not be responsible for the consequences of any such disruptions or mistakes.
Conducting an Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS DIFFERENT THAN THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES SIMILAR TO OR COMPETING WITH YOUR WEBSITE. YOU HAVE EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM INDEPENDENTLY AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT EXCEPT AS OUTLINED IN THIS AGREEMENT.
Any dispute arising out of or in connection with this agreement (including any actual or alleged breach thereof), any transactions or activities under this agreement, or your relationship with us or any of our affiliates shall be resolved through confidential arbitration, except that to the extent you have violated or threatened to violate our intellectual property rights; we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction). Arbitration under this Agreement shall be conducted by the American Arbitration Association’s then-current rules. The arbitrator’s award is final and enforceable in any court of competent jurisdiction. To the maximum extent permissible by applicable law, no arbitration under this agreement will be combined with any other arbitration involving any other party to this agreement, whether via class arbitration proceedings or otherwise.
This agreement shall be governed by the laws of the United States, without regard for conflict of laws principles. Without our prior written approval, you may not transfer this agreement, whether by operation of law or otherwise. This agreement shall be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns, subject to such limitation. Our failure to enforce any term of this agreement strictly will not constitute a waiver of our right to enforce such provision or any other aspect of this agreement in the future.
SplendApp’s omission to exert or enforce any right or term of the Terms of Service shall not be construed as a waiver of such right or provision. The Terms of Service comprise the entire agreement between you and SplendApp and govern your use of the ServiceService, superseding any previous agreements (including, but not limited to, any prior versions of the Terms of Service).