PLEASE READ THIS SALES REFERRAL PARTNER PROGRAM AGREEMENT CAREFULLY.
This agreement (the “Affiliate Agreement”) is between you (the Affiliate, “you”, "your," and "yours") and us (365tipsters, "we," "us," and "our"). It describes how we will work together, as well as other aspects of our business relationship. It is a legal document so some of the language is necessarily “legalese”, but we have tried to make it as readable as possible.
The Affiliate Agreement applies to your participation in our 365tipsters Affiliate Program. The terms of this Affiliate Agreement are so important that we cannot have you participate in our 365tipsters Affiliate Program unless you agree to them.
We may periodically update this Affiliate Agreement. We might also choose to replace these terms in their entirety if, for example, the 365tipsters Affiliate Program changes, ends, or becomes part of another partner program. If we update or replace the terms we will let you know via e-mail. If you don’t agree to the update or replacement, you can choose to terminate this Affiliate Agreement as described in Article 6.
By submitting the online application, you are agreeing that you have read and understand the contents of this Affiliate Agreement and that you shall be legally responsible for each and every term and condition.
This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
1.1. As an affiliate, you will earn between 8-13% on all successful referrals that result in a purchase on the 365tipsters website (http://365tipsters.com/) This means that if you refer a person to us (“the Client”), and he buys $129.00 tips from one of our tipsters, you will earn $10.32. If during the same month the Client spends a total of $5000, you will earn $650.
1.2. Commissions vary depending on the purchase amount that the person you referred makes within a calendar month. In that sense, you will receive:
1.3. We pay affiliate commissions during the first week of every month, normally the first business day of the month, but in any case, before the 7th of that same month. 365tipsters has a 30-day money back guarantee, so we only pay commissions that are 30 days or older. If you refer a sale on February 8, the 30-day refund period ends in March, and you will get paid on the next payout date: the first week of April.
1.4. All affiliate commissions are exclusively paid via PayPal. You therefore need to own a PayPal account in order to participate in the 365tipsters Affiliate Program.
1.5. There is no minimum payout balance.
1.6. There are no limits on the commissions an Affiliate is able to earn.
2.1. We highly encourage that you use a number of approved methods of bringing Clients to 365tipsters. Those may include, but are not limited to:
2.2. Affiliate programs are win-wins: you get to promote the predictions that you like and believe in, we make sales, and you make money from the commission. However, we have certain prohibited methods of promoting. Those may include, but are not limited to:
3.1. To begin the enrollment process, you will complete and submit the online application at the 365tipsters website at http://affiliate.365tipsters.com/. We may or may not evaluate your application or simply re-evaluate it at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that you are unsuitable for our Program, including if you:
3.2. As a member of the Affiliate Program, you will have access to a special tracking link that you can share through an ad, Facebook post, on your blog post, a tweet – any way you choose, so long that it does not contradict to the points in 2.2 or 3.1. In order for us to accurately keep track of all guest visits from your link to our website, you must use the link we provide to you exactly the way it is and in its entirety.
3.3. 365tipsters reserves the right, at any time, to review or amend your link and the activity you engage it in, in order to make sure you comply with the terms and conditions of this Affiliate Agreement.
3.4. We may monitor your links as we feel necessary to and can give you tips to enhance your performance.
3.5. It is entirely your responsibility to follow all applicable intellectual property and other laws. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third-party rights when posting links and bringing affiliates.
4.1. We have the right to monitor your links at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your links that we feel should be made, or to make sure that your links to our website are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes that we feel are necessary, we reserve the right to terminate your participation in the 365tipsters Affiliate Program.
4.2. 365tipsters reserves the right to terminate this Agreement and your participation in the 365tipsters Affiliate Program immediately and without notice to you, should you commit fraud in your use of the 365tipsters Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, 365tipsters shall not be liable to you for any commissions for such fraudulent referrals and/or sales.
Either you or we may end this Affiliate Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of an e-mail or regular mail. In addition, this Affiliate Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Affiliate Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and the 365tipsters Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Affiliate Agreement. Your continued participation in 365tipsters Affiliate Program following the posting of the change notice or new Affiliate Agreement on our site will indicate your agreement to the changes.
7.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our website through HTML 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, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the 365tipsters Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of 365tipsters and the good will associated therewith will inure to the sole benefit of 365tipsters.
7.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Affiliate Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
9.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and 365tipsters. You will have no authority to make or accept any offers or representations on our behalf. You agree you will not make any statement that reasonably would contradict anything in this Section.
9.2. Neither party may assign its rights or obligations under this Affiliate Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
9.3. This Agreement shall be governed by and interpreted in accordance with the laws of the Australia without regard to the conflicts of laws and principles thereof.
9.4. You may not amend or waive any provision of this Affiliate Agreement unless in writing and signed by both parties.
9.5. This Affiliate Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written, overriding but not excluding out website’s Terms and Conditions.
9.6. The headings and titles contained in this Affiliate Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Affiliate Agreement.
9.7. If any provision of this Affiliate Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.