Affiliate Agreement
Effective Date: March 30th,
2021
Primary Website:
https://matchforu.net/
THE AGREEMENT:
This Affiliate Agreement (hereinafter called the "Agreement") is
provided by the following organization, hereinafter referred to as
"Company": MatchForU. Our primary website is located at the address
listed above. The Agreement is a legal document between you and the Company
that describes the affiliate relationship we are entering into. This Agreement
covers your responsibilities as an affiliate and our responsibilities to you.
Please ensure you read and understand the entirety of this document, as well as
have a lawyer's assistance if you desire, because each of the terms of this
Agreement are important to our working relationship.
1) DEFINITIONS
The parties referred to in this Agreement shall be defined
as follows:
a) Company, Us, We: As we describe above,
we'll be referred to as the Company. Us, we, our, ours and other first-person
pronouns will also refer to the Company, as well as all employees or legal
agents of the Company.
b) You, the Affiliate: You will be
referred to as the "Affiliate." You'll also be referred to throughout
this Agreement with second-person pronouns such as You, Your, or Yours.
c) Parties: Collectively, the parties to
this Agreement (the Company and You) will be referred to as "Parties"
or individually as "Party."
d) Affiliate Program: The program we've
set up for our affiliates as described in this Agreement.
e) Affiliate Application: The fully
completed form which must be provided to us for consideration of your inclusion
in the Affiliate Program.
f) Website: The primary website we've
noted above will be referred to as Website.
2) ASSENT & ACCEPTANCE
By submitting an application to our Affiliate Program, you
warrant that you have read and reviewed this Agreement and that you agree to be
bound by it. If you do not agree to be bound by this Agreement, please leave
the website immediately and do not submit an application to our Affiliate
Program. This Agreement specifically incorporates by reference any Terms of
Conditions, Privacy Policies, End-User License Agreements, or other legal
documents which we may have on our website.
3) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to join our
Affiliate Program or use this Website. By submitting an application to our
Affiliate Program, you represent and warrant that you are at least 18 years of
age and may legally agree to this Agreement. The Company assumes no
responsibility or liability for any misrepresentation of your age.
4) PROGRAM SIGN-UP
In order to sign up for our Affiliate Program, you will
first be asked to submit an Affiliate Application to join. The Affiliate
Application may be found at the following website:
https://af.secomapp.com/matchforu/register.
Submitting an Affiliate Application does not guarantee
inclusion in the Affiliate Program. We evaluate each and every application and
are the sole and exclusive decision-makers on Affiliate acceptance. If we
choose not to allow your inclusion in the Affiliate Program, we will attempt to
notify you in a reasonable manner. If you do not hear from us within a reasonable
time frame, please consider your application rejected. We are not obligated to
provide you any explanation for your rejection, but please be advised we may
reject applicants for any reason or manner, including but not limited to a
website or social media page which violates our Acceptable Use Policy.
If your Affiliate Application is rejected, you may not
reapply. If your Affiliate Application is accepted, each of the terms and
conditions in this Agreement applies to your participation. We may also ask for
additional information to complete your Affiliate Application or for you to
undertake additional steps to ensure eligibility in the Affiliate Program.
5) NON-EXCLUSIVITY
This Agreement does not create an exclusive relationship
between you and us. You are free to work with similar affiliate program
providers in any category. This agreement imposes no restrictions on us to work
with any individual or company we may choose.
6) AFFILIATE PROGRAM
After your acceptance in the Affiliate Program, you must
ensure your account is set up thoroughly, including specific payout information
and location (such as a bank or online account which we may use to post
payment).
Please be advised the below is a general
description of the Affiliate Program. Everything contained in this subsection
is subject to the specific terms and conditions throughout the rest of this
Agreement.
We will provide you with a specific link or links which
correspond to certain products we are offering for sale (collectively, the
"Link"). The Link will be keyed to your identity and will send online
users to the Company's website or websites. You hereby agree to fully cooperate
with us regarding the Link and that you will explicitly comply with all of the
terms of this Agreement for the promotion of the Link at all times. We may
modify the specific link or links and will notify you if we do so. You agree to
only use links which are prior approved by us and to display the Link
prominently on your website or social media page, as described in your
Affiliate Application (collectively, the "Affiliate Site").
Each time a user clicks through the Link posted on the
Affiliate Site and we determine it is a Qualified Click, as described below,
you will be eligible to receive the following specific amount: $________
(________).
7) SPECIFIC TERMS APPLICABLE
We will determine whether payout is permissible in our sole
and exclusive discretion. We reserve the right to reject clicks and/or sales
that do not comply with the terms of this Agreement.
Processing and fulfillment of orders will be our
responsibility. We will also provide real-time data regarding your account with
us through the portal on which you log into the website.
As described above, in order to be eligible for payout,
user clicks must be "Qualified Clicks." Qualified Clicks:
a) Are clicks arriving to our website or
websites through properly formatted links on the Affiliate Site;
b) Are clicks arriving to our website or
websites through the Affiliate's specifically approved sites only (no other
websites or social media pages);
c) Are clicks arriving to our website
which relate to one specific user; and
d) Are not clicks sent by a bot or other
automated web program.
8) PAYOUT INFORMATION
Payouts will only be available when the Company has your
current address information as well as accounting and tax documentation. You
will be asked to submit a W8/W9 tax form. Accounting information may include
the routing and account number of a bank where you wish to post a direct
deposit or may include an email address for an online method of payment.
Currently, the Company employs the following methods of
payout:
Paypal
For any changes in your address or accounting information,
you must notify us immediately and we will endeavor to make the changes to your
payout information as soon as possible.
Payouts will be available the month or period after they
accrue. For example, if payouts are made every 15 days, an entire 15 day period
must finish for the payout of that period to be available in the following
period.
We explicitly reserve the right to change payout
information in our sole and exclusive discretion. If we do so, you will be
notified.
Payouts are also subject to the following restriction:
a) Payouts are only available after you
have been working with us at least the following amount of time: 24 hours.
For any disputes as to payout, the Company must be notified
within thirty days of your receipt of the payout. We will review each dispute
notification as well as the underlying payout transaction to which it is
related. Disputes filed after thirty days of payout will not be addressed.
9) REPORTS
You may log into your account with us to review reports
related to your affiliation, such as payout reports and Qualified Click and/or
Purchase information. Please be advised however, that not all listed qualifying
clicks and/or purchases have been fully reviewed for accuracy in the reports
viewable by you in real-time and therefore may be subject to change prior to
payout.
10) TERM, TERMINATION & SUSPENSION
The term of this Agreement will begin when we accept you into
the Affiliate Program. It can be terminated by either Party at any time with or
without cause.
You may only earn payouts as long as you are an Affiliate
in good standing during the term. If you terminate this Agreement with us, you
will qualify to receive payouts earned prior to the date of termination.
If you fail to follow the terms of this Agreement or any
other legal terms we have posted anywhere on our website or websites, you
forfeit all rights, including the right to any unclaimed payout.
We specifically reserve the right to terminate this
Agreement if you violate any of the terms outlined herein, including, but not
limited to, violating the intellectual property rights of the Company or a
third party, failing to comply with applicable laws or other legal obligations,
and/or publishing or distributing illegal material.
At the termination of this Agreement, any provisions that
would be expected to survive termination by their nature shall remain in full
force and effect.
11) INTELLECTUAL PROPERTY
You agree that the intellectual property owned by the
Company includes all copyrights, trademarks, trade secrets, patents, and other
intellectual property belonging to the Company ("Company IP").
Subject to the limitations listed below, we hereby grant
you a non-exclusive, non-transferable, revocable license to access our websites
in conjunction with the Affiliate Program and use the Company IP solely and
exclusively in conjunction with identifying our company and brand on the
Affiliate Site to send customers to the Affiliate links we provide. You may not
modify the Company IP in any way and you are only permitted to use the Company
IP if you are an Affiliate in good standing with us.
We may revoke this license at any time and if we find that
you are using the Company IP in any manner not contemplated by this Agreement,
we reserve the right to terminate this Agreement.
Other than as provided herein, you are not permitted to use
any of the Company IP or any confusingly similar variation of the Company IP
without our express prior written permission. This includes a restriction on
using the Company IP in any domain or website name, in any keywords or
advertising, in any metatags or code, or in any way that is likely to cause
consumer confusion.
Please be advised that your unauthorized use of any Company
IP shall constitute unlawful infringement and we reserve all of our rights,
including the right to pursue an infringement suit against you in federal
court. You may be obligated to pay monetary damages or legal fees and costs.
You hereby provide us a non-exclusive license to use your
name, trademarks and servicemarks if applicable and other business intellectual
property to advertise our Affiliate Program.
12) MODIFICATION & VARIATION
The Company may, from time to time and at any time, modify
this Agreement. You agree that the Company has the right to modify this
Agreement or revise anything contained herein. You further agree that all
modifications to this Agreement are in full force and effect immediately upon posting
on the Website and that modifications or variations will replace any prior
version of this Agreement, unless prior versions are specifically referred to
or incorporated into the latest modification or variation of this Agreement. If
we update or replace the terms of this Agreement, we will let you know via
electronic means, which may include an email. If you don't agree to the update
or replacement, you can choose to terminate this Agreement as described below.
a) To the extent any part or subpart of this
Agreement is held ineffective or invalid by any court of law, you agree that
the prior, effective version of this Agreement shall be considered enforceable
and valid to the fullest extent.
b) You agree to routinely monitor this
Agreement and refer to the Effective Date posted at the top of this Agreement
to note modifications or variations. You further agree to clear your cache when
doing so to avoid accessing a prior version of this Agreement.
13) RELATIONSHIP OF THE PARTIES
Nothing contained within this Agreement shall be construed
to form any partnership, joint venture, agency, franchise, or employment
relationship. You are an independent contractor of the Company and will remain
so at all times.
14) ACCEPTABLE USE
You agree not to use the Affiliate Program or our Company
for any unlawful purpose or any purpose prohibited under this clause. You agree
not to use the Affiliate Program in any way that could damage our websites,
products, services, or the general business of the Company.
a) You further agree not to use the
Affiliate Program:
I) To harass, abuse, or threaten others or
otherwise violate any person's legal rights;
II) To violate any intellectual property
rights of the Company or any third party;
III) To upload or otherwise disseminate
any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful
gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene
or defamatory material;
VII) To publish or distribute any material
that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information
about others.
15) AFFILIATE OBLIGATIONS & FTC COMPLIANCE
You are responsible for ensuring operation and maintenance
of the Affiliate Site, including technical operations, written claims, links,
and accuracy of materials. You must ensure, as noted above, that the Affiliate
Site does not infringe upon the intellectual property rights of any third party
or otherwise violate any legal rights.
We may monitor your account, as well as clicks and/or
purchases coming through your account. If we determine you are not in
compliance with any of the terms of this Agreement, we have the right to
immediately terminate your participation in the Affiliate Program.
We require all of our Affiliates to comply with all
applicable statutes, regulations, and guidelines set by the federal government,
through the Federal Trade Commission, as well as state and local governments as
mandated. The Federal Trade Commission requires that affiliate relationships,
such as the relationship between you and the Company, be disclosed to
consumers.
We recommend that you seek independent legal counsel to
advise you of our obligations to disclose in this manner.
You are required to post a conspicuous notice on your
website regarding the Affiliate Program. The notice does not have to contain
the precise words as the example given below, but should be similar:
We engage in affiliate marketing whereby we receive funds
through clicks to our affiliate program through this website or we receive
funds through the sale of goods or services on or through this website. We may
also accept advertising and sponsorships from commercial businesses or receive
other forms of advertising compensation. This disclosure is intended to comply
with the US Federal Trade Commission Rules on marketing and advertising, as
well as any other legal requirements which may apply.
We also require you to comply with any and all applicable
data privacy and security laws and regulations, including all of those which
may impact your country of residence or your visitors. Such regulations
include, but are not limited to, any applicable laws in the United States or
the General Data Protection Regulation of the European Union. We also require
that you implement adequate organizational and technical measures to ensure an
appropriate level of security for the data that you process. Further, you
hereby agree to comply with any requests which we may make to you regarding
compliance with the General Data Protection Regulation or requests which you
may receive from data subjects.
If we find you are not in compliance with any of the
requirements of this subpart, we may terminate our relationship with you at our
sole and exclusive discretion.
16) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse
engineer or disassemble any code or software from or on any of our websites or
services;
b) Violate the security of any of our
websites or services through any unauthorized access, circumvention of
encryption or other security tools, data mining or interference to any host,
user or network.
17) DATA LOSS
The Company does not accept responsibility for the security
of your account or content. You agree that your participation in the Affiliate
Program is at your own risk.
18) INDEMNIFICATION
You agree to defend and indemnify the Company and any of
its agents (if applicable) and hold us harmless against any and all legal
claims and demands, including reasonable attorney's fees, which may arise from
or relate to your use or misuse of the Affiliate Program, your breach of this
Agreement, or your conduct or actions. You agree that the Company shall be able
to select its own legal counsel and may participate in its own defense, if the
Company wishes.
19) SPAM POLICY
You are strictly prohibited from using the Affiliate
Program for illegal spam activities, including gathering email addresses and
personal information from others or sending any mass commercial emails.
20) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between
the Parties with respect to the Affiliate Program. This Agreement supersedes
and replaces all prior or contemporaneous agreements or understandings, written
or oral.
21) SERVICE INTERRUPTIONS
The Company may need to interrupt your access to the
Affiliate Program to perform maintenance or emergency services on a scheduled
or unscheduled basis. You agree that your access may be affected by
unanticipated or unscheduled downtime, for any reason, but that the Company
shall have no liability for any damage or loss caused as a result of such
downtime.
22) NO WARRANTIES
You agree that your use of the Affiliate Program is at your
sole and exclusive risk and that any services provided by us are on an "As
Is" basis. The Company hereby expressly disclaims any and all express or
implied warranties of any kind, including, but not limited to the implied
warranty of fitness for a particular purpose and the implied warranty of
merchantability. The Company makes no warranties that the Affiliate Program
will meet your needs or that it will be uninterrupted, error-free, or secure.
The Company also makes no warranties as to the reliability or accuracy of any
information. You agree that any damage that may occur to you, through your
computer system, or as a result of loss of your data from your use of the
Affiliate Program is your sole responsibility and that the Company is not
liable for any such damage or loss.
23) LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to
you as a result of your participation in the Affiliate Program, to the fullest
extent permitted by law. The maximum liability of the Company arising from or
relating to this Agreement is limited to one hundred ($100) US Dollars. This
section applies to any and all claims by you, including, but not limited to,
lost profits or revenues, consequential or punitive damages, negligence, strict
liability, fraud, or torts of any kind.
24) GENERAL PROVISIONS:
A) LANGUAGE: All communications made or
notices given pursuant to this Agreement shall be in the English language.
B) JURISDICTION, VENUE & CHOICE OF
LAW: Through your participation in the Affiliate Program, you agree that London
shall govern any matter or dispute relating to or arising out of this
Agreement, as well as any dispute of any kind that may arise between you and
the Company, with the exception of its conflict of law provisions. In case any
litigation specifically permitted under this Agreement is initiated, the
Parties agree to submit to the personal jurisdiction of the state and federal
courts of the following county: London, London. The Parties agree that this
choice of law, venue, and jurisdiction provision is not permissive, but rather
mandatory in nature. You hereby waive the right to any objection of venue,
including assertion of the doctrine of forum non conveniens or similar
doctrine.
C) ARBITRATION: In case of a dispute
between the Parties relating to or arising out of this Agreement, the Parties
shall first attempt to resolve the dispute personally and in good faith. If
these personal resolution attempts fail, the Parties shall then submit the
dispute to binding arbitration. The arbitration shall be conducted in the
following county: London. The arbitration shall be conducted by a single
arbitrator, and such arbitrator shall have no authority to add Parties, vary
the provisions of this Agreement, award punitive damages, or certify a class.
The arbitrator shall be bound by applicable and governing Federal law as well
as the law of London. Each Party shall pay their own costs and fees. Claims
necessitating arbitration under this section include, but are not limited to:
contract claims, tort claims, claims based on Federal and state law, and claims
based on local laws, ordinances, statutes or regulations. Intellectual property
claims by the Company will not be subject to arbitration and may, as an
exception to this subpart, be litigated. The Parties, in agreement with this
subpart of this Agreement, waive any rights they may have to a jury trial in
regard to arbitral claims.
D) ASSIGNMENT: This Agreement, or the
rights granted hereunder, may not be assigned, sold, leased or otherwise
transferred in whole or part by you. Should this Agreement, or the rights
granted hereunder, by assigned, sold, leased or otherwise transferred by the
Company, the rights and liabilities of the Company will bind and inure to any
assignees, administrators, successors, and executors.
E) SEVERABILITY: If any part or subpart of
this Agreement is held invalid or unenforceable by a court of law or competent
arbitrator, the remaining parts and subparts will be enforced to the maximum
extent possible. In such condition, the remainder of this Agreement shall
continue in full force.
F) NO WAIVER: In the event that we fail to
enforce any provision of this Agreement, this shall not constitute a waiver of
any future enforcement of that provision or of any other provision. Waiver of
any part or subpart of this Agreement will not constitute a waiver of any other
part or subpart.
G) HEADINGS FOR CONVENIENCE ONLY: Headings
of parts and subparts under this Agreement are for convenience and
organization, only. Headings shall not affect the meaning of any provisions of
this Agreement.
H) FORCE MAJEURE: The Company is not
liable for any failure to perform due to causes beyond its reasonable control
including, but not limited to, acts of God, acts of civil authorities, acts of
military authorities, riots, embargoes, acts of nature and natural disasters,
and other acts which may be due to unforeseen circumstances.
I) ELECTRONIC COMMUNICATIONS PERMITTED:
Electronic communications are permitted to both Parties under this Agreement,
including email or fax. For any questions or concerns, please email us at the
following address: [email protected].
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