AFFILIATE PROGRAM AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Last Revised: 2018-08-14
This Affiliate Program Agreement (this “Agreement”, “Affiliate Agreement”, “Terms and Conditions”, “Affiliate Terms and Conditions”, “Affiliate Agreement”) is entered into by and between Cheap IPTV and you, and is made effective as of the date of electronic acceptance. This 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, understood, acknowledged and agreed to be bound by this Agreement, which is incorporated herein by reference. The terms “we”, “us” or “our” shall refer to Cheap IPTV. 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. Cheap IPTV, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Cheap IPTV website (this “Site”). You acknowledge and agree that (i) Cheap IPTV may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such 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. 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. In addition, Cheap IPTV may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information, including your email address, current. Cheap IPTV assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
2. PARTICIPATION IN THE AFFILIATE PROGRAM
In order to enroll in the Affiliate Program, you need to submit your application through the affiliate signup form on the (“Cheap IPTV”) website (the Website). All affiliate signups are reviewed by us before deciding if an application is accepted. If we determine that your application is not suitable for the Affiliate Program, it may be rejected for any reason.
3. YOUR RESPONSIBILITIES
As a (“Cheap IPTV”) Affiliate you agree that:
- It is your full responsibility to provide us with accurate account information and it is your responsibility to keep that information up to date. Such information includes, but is not limited to: contact details, payment details, tax information, all website URL(s) where (“Cheap IPTV”) is promoted, promotional means and practices and any other details we may request. (“Cheap IPTV”) reserves the right to request any additional information about each website, where (“Cheap IPTV”) is promoted and any additional information about the practices used to promote (“Cheap IPTV”) on those websites. If by any means you fail to provide the requested data or the data is not accurate it may result in exclusion from the Affiliate Program, temporary suspension or termination of your Affiliate account and loss of any commissions.
- The Affiliate must act in good faith and refer clients in good standing. Clients in good standing are your referred web hosting account owners that have provided valid contact information, have active accounts that do not exceed any limitations as per the (“Cheap IPTV”) Terms of Service and are not flagged for high fraud risk. Active account refers to your referred new users who have created an account and have not canceled it in more than 35 (thirty five) days.
- You should not make any recommendations or take any actions that would result in a potential revenue loss for (“Cheap IPTV”).
- You should not use any marketing practices that may attract clients that are not in good standing.
- You should not act in your own will as per modifying, copying or altering any banners, icons, graphics or any other content that is contained in (“Cheap IPTV”)’s Links including but not limited to altering and modifying any copyright or trademark notices, without prior written approval from (“Cheap IPTV”).
- You shall not use self-referral methods, you can’t click on your affiliate links and/or banners and make orders via your unique affiliate link. Matching IP addresses that were used to log in to the Affiliate panel and to make the purchase, are going to be considered as self-referral and no exceptions will be made. Violations can result in the loss of all accrued Rewards and dismissal from the program.
- The Affiliate should not engage in any blackhat seo/spam link building techniques in order to generate more referrals for (“Cheap IPTV”).
- You agree not to violate any applicable law.
- You should be loyal to (“Cheap IPTV”) and should not misuse its confidence and shall not damage (“Cheap IPTV”) reputation.
- Not to advocate, promote, or encourage violence or discrimination against any person, organization, or governmental entity;
If (“Cheap IPTV”) suspects or detects a patterns of violations of the Affiliate Terms and Conditions, (“Cheap IPTV”) reserves the right, as a result of Terms and Services violation, to suspend and/or terminate your Affiliate account and cancel all commission payments due.
4. AFFILIATE ADVERTISING
Only promotional materials that are approved by (“Cheap IPTV”) may be used in the Affiliate’s Site in order to advertise (“Cheap IPTV”). Approved promotional materials refer to the materials that are provided in your Affiliate Area. Approved promotional materials may contain (“Cheap IPTV”) trademarks, service marks, logos and slogans for you to display on your Affiliate Website. By signing this agreement we grant you a non-exclusive, limited and non-transferable license to access, download and place the approved promotional material on your website with the sole purpose to promote websites operated, controlled and owned by (“Cheap IPTV”).
If by the decision of any party the Affiliate Agreement is terminated, upon termination your non-exclusive, limited and non-transferable license to access, download and place the approved promotional materials of (“Cheap IPTV”) will be immediately and automatically withdrawn.
Inappropriate ways of advertising include, but are not limited to:
- The Usage of any illegal and/or spam method of advertising, such as: unsolicited email, unauthorized placing of the link in forums, newsgroups, message boards etc.;
- Bidding on keywords and phrases containing the “(“Cheap IPTV”)” trademark, or variations or misspellings of the trademarked term on Pay per Click or Pay per Impression campaigns on the search engines (Google, Yahoo, MSN, Ask, Bing or others) without our prior approval. You are not allowed to use the (“Cheap IPTV”) Website(s) as display URL in PPC ads and to direct-link or redirect to the (“Cheap IPTV”) Website(s);
- Using non-unique copyright infringing content to promote (“Cheap IPTV”);
- Using traffic generated by pay to read, pay to click, banner exchanges, click exchanges, PPV advertising, pop-up/under, or similar methods;
- Providing cash backs, rewards or any other kind of incentives to obtain the sale without our prior approval;
- Offering price savings methods, including coupon(s), voucher(s), discount codes, or added value offers without our prior approval;
- Using our advertising and promotional materials, trademark or name in a way which negatively affects our image;
- Using iframes or any other techniques or technology that places your affiliate tracking cookie in any means other than an actual click-through;
- Using link cloaking or masking techniques or technology with the goal to promote (“Cheap IPTV”) on websites and/or networks not explicitly listed in your affiliate profile and hiding that traffic source;
- Your website(s) must NOT contain lewd, obscene, illegal or pornographic material, or any other material that is deemed to be objectionable. This includes, but is not limited to, bigotry, hatred, pornography, satanic materials, trademark and copyright materials, all content of an adult nature, etc. The declaration of any materials as such is subject to our reasonable opinion;
- Your domain name(s), company name, logo, trademark, product(s), project(s), service(s) must NOT contain keywords and phrases containing the “(“Cheap IPTV”)” trademark or any other variations or misspellings confusingly similar to (“Cheap IPTV”) trademark, name, logo or domain name, without our prior approval;
- Your domain name(s), company name, logo, trademark, your product(s), project(s), service(s) must NOT contain keywords and phrases that contain or are confusingly similar to third-party trademarks, names, logos or domain names, unless you have been duly authorised by the trademark owner.
(“Cheap IPTV”) shall have the sole right to decide if a promotional method you use is appropriate. The use of any advertising method that we consider inappropriate may result in warning, suspension or termination of your affiliate account and cancellation of all outstanding commission payments due.
5. AFFILIATE TRACKING COOKIES
We track affiliate sales automatically by using cookies. The cookies are automatically placed in the browser of user who clicks on the affiliate link in order to reach our website. Every cookie is stored for 60 days. If a previous affiliate’s cookie is already placed in the same user’s browser it will be overwritten with the new cookie. If cookies are deleted intentionally by the user, (“Cheap IPTV”) does not hold responsibility for this action.
6. AFFILIATE COMMISSIONS
(“Cheap IPTV”) pays you a per-sale commission for every valid sale that you refer to our website. The sale is valid only if ALL of the following conditions are true:
- The sale was made due to your referral efforts and all of the following statements are true:
- At the time the order was made, the referred client had an active cookie which indicated you as the last affiliate who has referred the client to our website and the client hasn’t reached (“Cheap IPTV”) website through a search engine with a string that does not contain (“Cheap IPTV”) name.
- Your referred customer made a purchase no later than 1 month from the original order date and the client does not object and we do not have any information about any other channel’s attribution to the sale.
- At the time of the sale, your Affiliate account was active. No commissions will be paid for sales that were made before you’ve registered for our Affiliate program.
- Your referred client has not used our services before and has not signed up for an affiliate account with us before.
- The order process was completed by the customer without any additional help.
- The sale made is for any of our devices or services. Sales that were made for additional account features or other services do not qualify for commissions.
- For the minimum required period (more than 60 days for accounts initially ordered with any billing term), the referred client has maintained his account active.
- The sales made of devices or services that are suspended by (“Cheap IPTV”) or canceled by the client for any reason do not qualify for an affiliate commission.
- The sales made of devices or services that are created or canceled by you do not qualify for an affiliate commission.
- The initial order renewal payments and any related/additional service payments of the referred customer are fully processed and are not subject to refund or chargeback.
Without providing any explanation or justification, (“Cheap IPTV”) remains the right to mark any referral payment as invalid at our own discretion.
7. COMMISSION PAYMENTS
(“Cheap IPTV”) will pay all affiliate commissions in the currency and based on the structure described in the Affiliate sign-up page, unless a custom agreement in writing has been made with an affiliate. Any commissions will be paid out after at least 60 days from the day that a valid sale was made. (“Cheap IPTV”) remains the right to extend the holding period without prior notice for as long as it is reasonably necessary in order to validate a sale or as described in Terms and Conditions of this Agreement.
We process commision payouts once per month in the minimal value of $75. Affiliate commissions are paid out via PayPal or Cash App and you are solely responsible for any transaction fees that may apply, unless you have a custom Affiliate Agreement with (“Cheap IPTV”) in writing.
You are fully responsible of keeping ALL your account details and personal information, such as name, email address, payment information, etc., up to date. If your personal/account details are not up to date we will suspend any commission payouts until we’re provided with accurate information. Suspended commissions payouts can be claimed in a period of six months from the original date they we’re supposed to be claimed.
Your commissions may be suspended at any time and for any period if any fraudulent or improper activity of any kind is suspected or a potential violation of this Agreement by your referred clients or you is suspected.
For any sales that are questionable, fraudulent or canceled, (“Cheap IPTV”) reserves the right to deduct from your future and current commissions paid out. In case no future or current commissions are due, (“Cheap IPTV”) will send you a bill for the balance of the refunded purchase upon the termination of the program or termination of the referred client account.
We will provide you with commissions statement due in your Affiliate Area.
If it is applicable in your country of residence, self-billing invoices will be issued for all commission payouts with applicable taxes included. Until the termination of your account, the Affiliate Program Terms and Conditions will be considered a valid self-billing agreement between (“Cheap IPTV”) and you. By signing up for this Affiliate Agreement you agree and accept self billing invoices that will be raised by (“Cheap IPTV”), you agree to raise no sales invoices for any commission payouts that you receive from (“Cheap IPTV”) and agree on notifying us immediately if you change your company details, name or tax region status.
9. RELATIONSHIP OF THE PARTIES
Both the Affiliate and (“Cheap IPTV”) agree that they are entering into this Affiliate Agreement as independent contractors and this agreement creates no partnership, agency franchise, joint venture, sales representative or employment relationship between them. You have no authority to accept or make any representations or offers on the behalf of (“Cheap IPTV”). You cannot make any statements on your website or otherwise that would contradict anything in this section.
10. ACCOUNT TERMINATION
At any time you can cancel and terminate your affiliate account by contacting us through the Affiliate Area. (“Cheap IPTV”) will send you a confirmation that your account has been terminated, as requested.
(“Cheap IPTV”) can terminate an affiliate account:
- With a seven-day prior notice without providing any explanation.
- Immediately without any prior notice, if your affiliate account or you violate the Affiliate Program Terms and Conditions.
After an affiliate account is terminated, the sales associated with the affiliate will no longer be tracked by us and you will no longer qualify for any future commissions. If any commissions are due at the time of termination, they will be paid to the Affiliate after any applicable holding period with the regular payout cycle. No outstanding commission payments will be due if your account is terminated due to the violation of these Terms and Conditions and an administrative fee of 100 USD (or the equivalent in the currency that is listed in your Affiliate Area) will be due by the Affiliate.
Once the Affiliate account is terminated, the Affiliate is obliged to remove any and all promotional materials, links, logos, trademarks, and slogans of (“Cheap IPTV”) from his website within the period of 3 business days. This provision survives the termination of the Affiliate Agreement. Upon the termination of this Affiliate Agreement, the Affiliate no longer has the right to use any of (“Cheap IPTV”) trademark(s), logo(s), and slogan(s) and will refrain from any actions that may affect the reputation, the image and any business relations with current and potential clients of (“Cheap IPTV”), directly or indirectly.
Once the Affiliate account is terminated, this Affiliate Agreement is terminated automatically.
11. LIMITATIONS OF LIABILITY
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS AGREEMENT OR UNDER ANY OTHER DOCUMENT FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE ONE MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
This provision survives the termination of the Affiliate Agreement.
12. GOVERNING LAW
Any controversy, claim or dispute arising under this Affiliate Agreement will be resolved according to the jurisdiction and legislation where the (“Cheap IPTV”) entity servicing your Affiliate account is located.
13. CHANGES TO THE AFFILIATE PROGRAM TERMS
We remain the right to change any policies or terms of this Affiliate Agreement. The amendments and/or supplements of the Agreement are effective immediately upon being posted to (“Cheap IPTV”) website. The current Terms and Conditions of the Affiliate Agreement are always available publicly on (“Cheap IPTV”)’s website. If by any means you do not agree with the amendments and/or supplements of the Affiliate agreement, you can cancel your account within 10 business days, counting from the date of the amendments and/or supplements. Only an official (“Cheap IPTV”) officer has the right to make any amendments and/or supplements to this Affiliate Agreement. No agent of, or person employed by or under contract with, (“Cheap IPTV”) has any authority to alter or vary this Affiliate Terms and Conditions Agreement in any way. No oral explanation or oral information given by any party shall alter the interpretation of this Affiliate Agreement.