APPExperts Affiliate Program Terms & Conditions
APPExperts Affiliate Program Terms & Conditions
The purpose of this Agreement (hereafter referred to as the “Agreement”) is to set forth APPExperts’s Affiliate Terms and Conditions.
Terms and Conditions
This Agreement contains the complete terms and conditions that apply to your participation as an affiliate in the Affiliate Program of APPExperts, and the establishment of links from your affiliate website to our website Website URL as used in this Agreement, “we,” “us” “our,” or “APPExperts” means APPExperts and “you” or “your” means the Affiliate, and “Product” means any and all items offered for sale by us on the APPExperts web site.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND APPExperts. BY CLICKING THE “I AGREE” BUTTON ON THE AFFILIATE APPLICATION, YOU ARE AFFIRMATIVELY STATING YOU READ THE AFFILIATE AGREEMENT AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE AGREEMENT. YOU AGREE TO BE BOUND BY THE TERMS HEREOF.
Enrollment in the Affiliate Program
To begin enrollment, you will submit a completed Affiliate Application via our website. Once your application has been approved, you will receive your affiliate code and password to allow you to start marketing APPExperts products. We may reject your application if we determine (in our sole discretion) that your site is unsuitable as an Affiliate for any reason, including, but not limited to: if your site incorporates images or content that is in any way unlawful, harmful, threatening, defamatory, obscene; harassing or racially, ethnically, or otherwise objectionable; such as sites that facilitate illegal activity; depict sexually explicit images; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities or incorporate any materials that infringe or assist others in infringing on any copyright, trademark, or other intellectual property rights (collectively “Content Restrictions”).
Using Our Links on Your Site
Link means a hyperlink to the APPExperts website copied and pasted from your individual password-protected affiliate administration area on our site. If the HTML code is altered in any way after copying from that web page, we take no responsibility for you receiving credit for any sale. Any change you make may cause the tracking to no longer function correctly.
As an affiliate site (“Affiliate Site”), we will make available to you banners, button links to our website, and/or text links to our website containing the APPExperts logo and words identifying APPExperts. In using the links, you agree that you will take full responsibility for maintaining all such links. All Affiliate Sites shall display such graphic images prominently throughout your site as you see fit and with our consent. You shall not alter, modify, or expand the links in any way without our written consent.
Each Link connecting users of your website to our website will in no way alter the look, feel, or functionality. In our sole discretion, we have the right to monitor your website at any time and from time to time to determine if you comply with the terms of this Agreement. The affiliate should place the appropriate copyright and trademark notices.
You are allowed to use the prices of APPExperts products on your website. Still, you are responsible for keeping your information on pricing up-to-date as APPExperts, from time to time, will post specials, discounts, or change product pricing at their sole discretion.
Order Processing
We will provide all information to allow you to make appropriate links from your website to our website. APPExperts must approve all links. We will process orders placed by customers following your website’s links to the APPExperts. We reserve the right to reject orders that do not comply with certain requirements.
We will be solely responsible for all aspects of order processing and fulfillment, including order entry, payment processing, shipping and handling, cancellations, returns, and related customer service. We will track the volume and amount of sales generated by your website and will make unaudited reports available for your review through your affiliate account on our website. The form, content, and frequency of the reports may vary from time to time at our discretion. To permit accurate tracking, reporting, and fee accrual, you must ensure that the links between your website and our website are properly formatted.
You are responsible for ensuring that the links you have placed on your website are always working properly.
Commissions
Commissions (Commission Rate) on trackable online sales are paid on net sales (i.e., the net is the remaining amount after any of these deductions: sales tax, duty, shipping, handling, credit card fees, and similar charges, and not including any portion of the payment made through the redemption of gift certificates, coupons, or credits. The Commission Rate is subject to change at any time or from time to time, in our sole and absolute discretion. You will be notified of any change in the Commission Rate.
Commissions will also be reduced for amounts due to credit card fraud, bad debts, cancellations, chargebacks, and credits for returned goods. A commission will be paid only if the system tracks the visitor to our website, from the time of the link to the time of the sale. A commission will only be paid if our system can track the visits to our website.
Affiliate and Net Sales Percentage
Every commission sale will be calculated by 20% of the net profits (sale of thepremium plan).
The above fee schedule is subject to change without notice. Our cookies are non-expiring, so repeat visitors who do not come directly from your website will still count toward your commissions if the user does not remove the cookie.
For sale to generate a commission, the customer must follow the link from your website to our website, purchase the Product or Products in question using our online ordering system, accept delivery of the item at the shipping destination, and remit full payment to us.
Commission Payment
Commissions on sales are paid on net sales collected from customers. Orders are not eligible for a commission due to credit card fraud, bad debts, cancellations, chargebacks, and credits for returned Products. If a commission has been paid, the commission will be deducted from future commissions.
Commissions will be paid 30 days after the order is fulfilled. All commissions are paid at the end of any given month.
In regard to minimum payout, this is the equivalent of USD 100 (for all payment options)
The Commission base is subject to change at any time or from time to time, in our sole and absolute discretion.
You will be notified of any change in the Commission base. All commission payments are made through PayPal.com unless special arrangements are made for affiliates who do not have access to PayPal. You agree that you are solely responsible for all tax obligations due to all taxing authorities arising from or in connection with your participation in our Affiliate Program.
APPExperts shall not withhold any taxes of any kind from your commission checks. APPExperts is not responsible for resending lost or missing payments past 90 days from the payment date.
Reports of Sales
You will be given a password and can enter a password-protected website to receive your sales statistics on a daily basis.
Policies and Pricing
All APPExperts rules, policies, and operating procedures will apply to customers who buy Products through the Affiliate Program. We may change our policies and operating procedures. For example, we will determine the prices to be charged for APPExperts products sold under the Affiliate Program per our pricing policies.
Product prices and availability may vary from time to time. Because price changes may affect items you already have listed on your website, you will be responsible for maintaining the correct, current prices at all times. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular Product.
Non-Exclusive Limited License and Use of Company Logos and Trademarks
We grant you a non-exclusive, non-transferable, revocable right to (i) access our website through links solely in accordance with the terms of this Agreement, and (ii) solely in connection with such links, to use our logos, trade names, trademarks and similar identifying material (collectively ” Marks”), solely to sell Product on your website for APPExperts. You may not alter, modify, or change the APPExperts logos, trademarks, or any other text content provided through the APPExperts affiliate section. The use of any logos, trademarks or text content is only extended to members in good standing in the APPExperts Affiliate Program.
Suppose you see logos, trademarked items, or text content not in the materials available to affiliates in the marketing section and wish to use it on your website. In that case, you may only use them with prior written permission. Permission is not to be construed as APPExperts giving you any legal ownership or rights to these logos, trademarks, or text content. APPExperts’ own use of any logos, trademarks, or text content in the display or marketing of APPExperts products does not automatically make it acceptable for affiliates to assume usage of the same materials is considered acceptable use of such materials for the promotion of APPExperts products.
Affiliates should assume that ONLY materials directly made available from APPExperts to Affiliate to sell products for APPExperts shall be acceptable. The rights granted to you pursuant to this section shall terminate upon the effective date of the expiration or termination of this Agreement. Additionally, we reserve the right to secure the highest position in pay-per-click and pay-per-position search engines and advertising sites by submitting a bid for URLs or other search terms considered as trademarks, sales marks, service marks, registered trademarks, or registered URLs (or any variations or abbreviations of same) of APPExperts. At no time shall you submit bids or use other methods that would cause listings for your site to rank higher than APPExperts rankings for trademarks, sales marks, service marks, registered trademarks, or registered URLs (or any variations or abbreviations of the same) of APPExperts.
Publicity, Email, and Spam Policies
You shall not create, publish, distribute, or permit any written material that refers APPExperts, without first submitting such material to us and receiving our written consent. Be careful about your advertising methods using email. APPExperts will not tolerate any form of Spam.
We will hear both sides of a Spam complaint but remove one affiliate before we risk all affiliates losing email privileges. Suppose an affiliate is charged with spamming practices. In that case, APPExperts shall not be held liable for any legal action against said affiliate nor be financially responsible for fines owed by said affiliate.
Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your website and for all materials that appear. We shall have no responsibility for the development, operation, and maintenance of your website and all materials that appear on your website. You hereby represent and warrant to us that materials posted on your website do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights) and that materials posted on your web site are not libelous or otherwise illegal.
You must have express permission to use copyrighted material owned by another party or other proprietary material. We will not be responsible if you use copyrighted material from another party or other proprietary material violating the law.
Term of the Agreement
The term of this Agreement will begin when APPExperts have received your affiliate application through the APPExperts website, and you have accepted the Terms and Conditions in this Agreement. This Agreement will end when terminated by either party. The Agreement may be terminated by APPExperts or the affiliate for any reason upon thirty (30) days before email or written notice or immediately upon notice of any breach of the provisions of this Agreement.
Upon termination, you may no longer use APPExperts banners, images, content, trademarks, etc., on your website or provide hyperlinks to the APPExperts website. If this Agreement is terminated because you have violated the terms of this Agreement or if this Agreement is terminated because your website becomes subject to the Content Restrictions outlined in Section 1, you are not eligible to receive any commission payments, even for commissions earned before the date of termination. Suppose this Agreement is terminated for any other reason. In that case, you are eligible to earn a commission only on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
Modification
We may modify any of the terms and conditions in this Agreement at any time and our sole discretion. Notice of any change by email to your address on our records, or the posting on our website of a change notice or a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules.
All such modifications shall take effect 48 hours after we serve notice as provided above unless we indicate otherwise. If any modification is unacceptable, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our website, will constitute binding acceptance of the change.
Relationship of Parties
You and APPExperts are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitation of Liability
We will not be liable for indirect, incidental, special, or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits, or loss of data arising in connection with this Agreement, the Affiliate Program, or APPExperts performance of services or of any other obligations relating to the Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement. The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought.
Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Program or any Product or other items sold through the Affiliate Program (including, without limitation, warranties of fitness for a particular purpose, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Representations and Warranties
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms, and that the execution, delivery, and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment, or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document, or instrument applicable to you or binding upon you.
Confidentiality
We may disclose to you certain information as a result of your participation as part of the Affiliate Program, which we consider confidential (herein referred to as “Confidential Information”). For purposes of this Agreement, the term “Confidential Information” shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, web site, business and financial information relating to APPExperts, customer and vendor lists relating to APPExperts, and pricing and sales information for APPExperts and any members of the Affiliate Program other than you. Confidential Information shall also include any data we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process.
We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose, or freedom from patent, trademark, or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or any other person resulting from your or third-party use of the information.
Indemnification
You hereby agree to indemnify, defend, and hold harmless APPExperts, its shareholders, officers, directors, employees, agents, affiliates, successors, and assigns, from and against any and all claims, demands, losses, liabilities, damages, or expenses (including attorney fees and costs) of any nature whatsoever incurred or suffered by us (collectively the “Losses”), in so far as such Losses (or actions in respect thereof) arising out of, are related to, or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any representation or warranty made by you herein; or (iii) or any claim related to your web site.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY DIFFER AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETITIVE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS OUTLINED IN THIS AGREEMENT.
Miscellaneous
Our failure to enforce the provision of this Agreement will not constitute a waiver of our right to enforce it. This is a LEGAL AGREEMENT BETWEEN YOU AND APPExperts. WHEN CLICKING THE “I ACCEPT BUTTON IN THE AFFILIATE APPLICATION, YOU ARE AFFIRMATIVELY STATISTICALLY STATISTICALLY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE NETWORK AGREEMENT.
