Affiliate Program Agreement

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This Affiliate Program Agreement is made and entered into as of the date of acceptance set forth below.



BETWEEN:Fixbyte (the “Owner”)


AND:AFFILIATE APPLICANT (the “Recipient”)

“Affiliate” means an individual or business generating their own traffic and thus rewarded for legitimate sales. By clicking “I Agree” (date of acceptance based on acceptance of terms on website) You indicate that You have read and understood this Agreement and You will be bound by its terms.


AFFILIATE RESPONSIBILITIES:

  • It is understood that you will introduce products of the one of our affiliates to your current and prospective customers and will comply with all laws as well those that govern email marketing, anti-spam laws to include the prohibition of interstitials, parasitic marketing, shopping assistance applications, toolbar installations and/or add ons, shopping wallets, deceptive pop-ups or pop-unders or related prohibited transmissions.

  • While an active Affiliate, You will be given access to advertising materials for posts and press releases. These remain the property of Company’s affiliates. This license is non-exclusive and revocable at any time.

  • Affiliate is responsible for disclosing the nature of their relationship with Company and that the links shared are affiliate links with a commission associated with their use.


SERVICE:

The Affiliate is allowed to place links on their website to websites which have an Affiliate Program. You must not deceive, mislead, scare, coerce or otherwise force visitors to our website other than clearly explaining the benefits of using Affiliates products and/or services. Any Affiliate Program may be amended or terminated at any time. Information about the Affiliate Programs will be available on Company website. The Affiliate must keep themself informed of any amendments of Affiliate Programs, in particular if a registered website has terminated its Affiliate Program or changed the conditions for remuneration to Affiliates.

The Affiliate must comply with the requirements of the Affiliate Program.


TERMS OF THE AGREEMENT:

  • The term of this Agreement will begin upon our acceptance into the Affiliate Program by the Owner.

  • Any Affiliate who violates either this Agreement or Company's Terms and Conditions will immediately forfeit any right to any and all accrued Commissions Fees and will be removed from the Company Affiliate Program.

  • Without limitation, Affiliate's participation in the Program, and this Agreement, shall be deemed automatically terminated immediately and all commissions forfeited upon Affiliate's violation of any of the terms of this Agreement or of any applicable law or regulation having the force of law.


CONFIDENTIALITY:

Only duly-authorized Company officers, employees, and agents will have access to information furnished or obtained in connection with the Affiliate Program; that they will maintain and protect the confidentiality of such information to the greatest extent possible; and that they will share such information only to the extent necessary to make employment decisions and to respond to inquiries or notices from government entities. All content created by Company is the exclusive property of Company. Any content created by the Affiliate will be the exclusive property of the Affiliate. Content created in collaboration with Affiliate and Company will be joint intellectual property that either party has rights to use.


INDEMNIFICATION, LIMITATION OF LIABILITY & REPRESENTATIONS & WARRANTIES:

  • You hereby agree to indemnify and hold harmless Us and Our subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on:

  • Any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party.

  • Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein.

  • Any claim related to your site, including, without limitation, its development, operation, maintenance, and content therein not attributable to us.


ENROLLMENT IN THE AFFILIATE PROGRAM:

  • To begin the enrollment process, You will register on the Website on the Affiliate Registration Page.

  • We will evaluate your request and notify you of your acceptance or rejection.

  • We may reject your request for any reason our sole discretion.

  • We generally reject request related to websites that: promote violence. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; Promote illegal activities or are intended to harass or defame anyone; include ”Brilliant Soft“ or variations or misspellings thereof in its domain name; or Contains software downloads that potentially enable diversions of commission from other affiliates in our program.

  • Otherwise violate our intellectual property rights or the intellectual property rights of others.

  • If we reject your request, you are welcome to reapply to the Program at any time.

  • If we accept your request, we reserve the right to terminate your participation in the Program for any reason in our sole discretion immediately without prior notice.

  • We have the right to monitor your site to confirm that all terms and conditions continue to be met. If any changes to your site need to be made, we will notify you accordingly. If changes are not made in a timely fashion, your membership in the program can be terminated.


MODIFICATION:

  • We may modify any of the terms and conditions in this 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 Company Affiliate Program rules.

  • If any modification is unacceptable to you, your only option is to end this Agreement.

  • Your continued participation in Company Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.


AFFILIATE PAYMENT:

  • Affiliate will receive a unique Affiliate Code or Link, which You will use to advertise Owner's products. Amount Affiliate will receive will vary. Company uses a third party to handle all the tracking and payments. Please review this network's payment terms and conditions.

  • You understand that the Payout amount may be changed at any time.

  • You are responsible for determining if the Payout for an affiliate link you have placed on your site has changed or been discontinued.


CONFIDENTIALITY:

  • 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, 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.


INDEPENDENT CONTRACTOR:

  • Affiliate is an independent contractor and nothing in this Agreement will be construed as establishing an employment or agency relationship between Owner and Affiliate. Affiliate has no authority to bind Owner by contract or otherwise. Owner shall not provide any insurance (including, but not limited to, medical, dental, disability, liability, property, worker's compensation or unemployment insurance) or benefits (including, but not limited to, overtime payments, pensions, vacation time, or profit-sharing) for Affiliate. Owner shall not be responsible for paying any taxes or contributions to on behalf of Owner and Affiliate warrants that Affiliate will fulfill all applicable obligations regarding such taxes and funds.


SEVERABILITY:

  • If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement in order to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.


APPLICABLE LAW:

  • You may not assign this Agreement, by operation of law or otherwise, without our prior written consent.

  • Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.

  • Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.


TERMINATION OF AGREEMENT:

  • Either you or Company may terminate the Affiliate relationship at any time.

  • You are only eligible to earn Affiliate payments during your time as an approved Affiliate.

  • Company may change the program or service policies and operating procedures at any time.


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