Partner Program Terms
EFFECTIVE DATE: AUGUST 30, 2020
Your participating Website (s) may not:
- Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights.
- Violate any law, rule, or regulation.
- Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
- Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
- Contain software or use technology that attempts to intercept, divert, or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another site. This includes toolbars, browser plug-ins, extensions, and add-ons.
LINKING TO OUR WEBSITE
Upon acceptance into the Program, links will be made available to you through the interface. You will be able to download HTML code that provides for links to web pages within our website and banner creatives, browse and get your tracking code.
Your acceptance in our Program means you agree to and abide by the following.
- You will only use linking code we provide you for each banner, text link, or other affiliate link obtained from the affiliate interface without manipulation.
- We reserve the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
- All domains that use your affiliate link must be listed in your partner profile.
- Your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will not try to create the impression that your Website is our Website or any part of our Website, including, but not limiting, the framing of our Website in any manner.
- You may not engage in cookie stuffing or include pop-ups, false or misleading links on your Website. Also, wherever possible, you will not attempt to mask the referring URL information (i.e., the page from where the click is originating).
- Using redirects to impersonate clicks from a domain(also known as cloaking) is prohibited.
If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided, or your commission level will be set to 0%. This does not include using “out” redirects from the same domain where the affiliate link is placed.
- The maintenance and updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
- It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. 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.
- You will not display or reference any trademark or logo of any third party seller appearing on our Website in your site, in connection with this Agreement, unless you have an independent license to display such trademark or logo. You may use any data, images, text, or other information obtained by you from us or our Website only in a lawful manner and only following the terms of this Agreement.
- We grant you a limited, nonexclusive, non-transferable, revocable right to use the graphic image and text solely for your participation in the Program. You may not modify the graphic image or text in any way. All of our rights in the visual representation and writing, any other images, our trade names and trademarks, and all other intellectual property rights are reserved. Should we decide to revoke your license, we will give you notice.
- You acknowledge our ownership of our licensed materials. You also agree that you will not do anything inconsistent with our ownership, and all of your use of the licensed materials will inure to the benefit of the Program. And, if requested, agree to assist us in recording this Agreement with appropriate government authorities.
You agree that nothing in this Agreement gives you any right, title, or interest in the licensed materials other than the right to use the licensed materials under this Agreement. You also agree that you will not attack our title to the licensed materials or the validity of the Licensed Materials or this Agreement.
- You may not bid on any of our trademarked terms (identified below), including any variations or misspellings thereof for search or content-based campaigns on Google, Bing, MSN, Yahoo, Facebook, or any other network unless given written permission first from us.
- You may not use our trademarked terms, including any variations or misspellings as per #1 above, in sequence with any other keyword (including, but not limited to, ‘Cashflow Coupons’, ‘Cashflow Discount Codes’, ‘Cashflow Promo’, etc.).
- You may not use our trademarked terms in your ad title, ad copy, display name, or as the display URL.
- You may not direct link to our Website from any Pay Per Click ad or use redirects that yield the same result. Customers must be directed to an actual page on your Website.
- You may not bid in any manner appearing higher than us for any search term in position 1-5 in any auction style pay-per-click advertising program.
- If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your program, and we strongly suggest you add our trademarked terms as negative keywords.
We have a strict no-tolerance policy on PPC trademark bidding. If discovered brand bidding on PPC campaigns, you will be sent an email asking to remove the ads in question within 24 hours.
If the ads are not removed within 24 hours, you will be removed from the Program permanently, and all commissions associated with the violations will be reversed.
The following list of trademarked terms should not be treated as an exhaustive list (but as a list of some of the prohibited terms):
Cashflow, cashflow.do, www. cashflow.do, cashflow coupon, cashflow coupon code, cashflow discount, cashflow discount code, cashflow promo, cashflow promo code, cashflow sale, cashflow sales, cashflow deal, cashflow deals.
If you are enrolled in our Program, and your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:
- You may ONLY advertise coupon codes provided to you through the affiliate program.
- Posting any information about how to work around the requirements of a coupon/promotion (i.e., first-time customers only) will result in removal from the Program.
- You must display coupons in their entirety with the full offer, valid expiration date, and code.
- You may NOT use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s).
- You may NOT advertise coupon codes obtained from our non-affiliate advertising, customer emails, paid search, or any other campaign.
- You may NOT give the appearance that any ongoing offer requires clicking from your Website to redeem. For example, if all items on the site have a free month, you may not turn this into an offer that infers that the customer must click from your Website to get this deal.
ATTRIBUTION & AUTHENTICATION
The Program provides each Partner with a tracking code embedded in the links and banners found in the Partner Panel. Once the users click a link with this tracking code, the Partner code gets stored in a cookie in the user’s browser for a period of 30 days. If the user signups within this period, the conversion gets attributed to this Partner.
We calculate attributions based on the Last Click Attribution Model, which attributes the conversion to the last clicked link with a tracking code. This means that if a user clicks on links with tracking code from two different Partner within the same 30-day period and then signs up, the attribution will go to the last clicked Partner code link.
Promoting us through a sub-affiliate network is permitted; however, you must be completely transparent with regards to where traffic from your sub-affiliates originated.
Sub-affiliate networks must ensure that all sub-affiliates promoting the Program adhere to our terms and conditions. This includes restrictions on advertising through toolbars, browser extensions, and any paid placements such as pay-per-click campaigns.
Sub-affiliate networks must also receive approval before allowing any type of coupon sub-affiliate to promote the Program.
Failure to comply with our sub-affiliate network terms may result in a loss and reduction of commission from sales made through any sub-affiliate that does not comply with our terms.
We strictly prohibit the use of any of our trademarked terms as part of the domain or sub-domain for your Website.
ADVERTISING & PUBLICITY
You shall not create, publish, distribute, or print any written material that refers to our Program without first submitting that material to us and receiving our prior written consent.
If you intend to promote our Program via email campaigns, you must adhere to the following:
- Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.
- Email must be sent on your behalf and must not imply that we are sending the email or that it is being sent on our behalf.
- Emails must first be submitted to us for approval before being sent, or you must send us a copy of the email.
Promotion on Facebook, Twitter, Instagram, YouTube, and other social media platforms is permitted following these general guidelines:
- You ARE ALLOWED to promote offers to your lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Twitter, and other social network pages.
- You ARE PROHIBITED from posting your affiliate links on our Facebook, Twitter, Pinterest, or any other of our social media accounts or company pages in an attempt to turn those links into affiliate sales.
- You ARE PROHIBITED from running Facebook ads with our trademarked company name.
- You ARE PROHIBITED from creating a social media account that includes our trademark/s in the page name or username.
OPERATIONS OUTSIDE UNITED STATES
If you are conducting business in or taking orders from people in other countries, you will follow the laws of those countries. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive, as well as the General Data Protection Regulation (GDPR), if you are conducting business in or taking orders from persons in one or more of the European Union countries.
FTC DISCLOSURE REQUIREMENTS
You shall include a disclosure statement within on all pages, blog/posts, or social media posts where you post affiliate links for our partner program as an endorsement or review, and where it is not clear that the link is a paid advertisement.
This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us for review, this also must be clearly stated in your disclosure.
* Disclosures must be made as close as possible to the claims.
* Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g., the disclosure should be visible before the jump).
* Pop-up disclosures are prohibited.
For more information about FTC disclosure requirements, please review the FTC’s “Dot Com Disclosures” Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf; and the FTC’s Endorsement Guidelines at http://business.ftc.gov/advertising-and-marketing/endorsements
OUR RIGHTS AND OBLIGATIONS
We have the right to monitor your site 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 Website 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 think should be made.
If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Program.
We reserve the right to terminate this Agreement and your participation in the Program immediately and without notice to you should you commit fraud in your use of the Program or should you abuse this Program in any way. If such fraud or abuse is detected, we shall not be liable to you for any commissions for such fraudulent sales.
This Agreement will begin upon our acceptance of your registration and will continue unless terminated hereunder.
- Either you or we may end this Agreement AT ANY TIME, with or without cause, by communicating either party. Also, this Agreement will immediately be terminated if you breach this Agreement.
- Upon the termination of this Agreement for any reason, you will immediately cease the use of all links to our Website, trademarks, trade dress, and logos, and all other materials we provided you in connection with the Program.
- You are eligible to earn commissions only on qualifying sales that occur during the term, and commissions earned through the date of termination will remain payable only if the related income is not canceled or returned.
We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, you will be notified by email. Modifications may include changes in the payment procedures and the Program rules but are not be limited to only these changes.
If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in the Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
Customers who signup through this Program, in connection to the service, are our customers. This means that all of our standard policies and operating procedures will apply to these customers.
We may change our policies and operating procedures at any time. Product prices and availability may vary from time to time.
- We consider direct sales the customer signups who use the Partner Affiliate Link or registrations made by you on behalf of customers within the partner panel. Comissions get reduced by customer cancellation, returns, chargebacks, or refunds at a later date.
- We reserve the right to exclude and not pay commissions for fraudulent account registrations to prevent abuse of the Program, or to reject signups that do not comply with any requirements that we periodically may establish.
- We will be responsible for processing payments and will handle all customer service issues. We will track customers who signed up using the Program Affiliate Link. A statement of activity is available to you through your affiliate interface.
COMMISSIONS & PAYMENTS
The commission percentage is established according to the Partner’s Tier and is visible within the profile area Partner Panel. Commission calculations are made up of direct and indirect accounts.
These accounts are determined as follows:
(i) Direct accounts are those that were recommended or affiliated by Partner.
(ii) Indirect accounts are second level accounts or those that come from a Partner that was recommended by another Partner.
The Program provides recurring commissions of 10% on direct accounts and 5% on indirect accounts.
Commissions are calculated on active and paying accounts, subtracting cancellations, duplicates, returns, chargebacks, and program restrictions.
Commissions on active accounts are calculated at the last day of each month. Commission payments are made 15 days after.
Commission payments will be made to the account defined by the Partner, under the payment section of his company profile in the Partner Panel.
ACCESS TO PARTNER PANEL
You will create a username and password so that you may enter your secure partner panel. Here, you will be able to receive reports of your commissions and payment history.
We reserve the right to reverse sales due to cancellations, duplicate tracking, returns, chargebacks, and Program violations as outlined in these terms and conditions.
Additionally, if we ask you for clarification or more information on any signup or clicks that we suspect may violate our terms and conditions, we expect that you will respond in a timely and honest manner.
Below are violations of our communications policy.
- You are not forthcoming, intentionally vague, or are found to be lying.
- You are not responsive within a reasonable time and after multiple attempts to contact with information listed in your network profile.
- You cannot substantiate or validate the source of your traffic to our Program with clear and demonstrable proof.
- If any of the above applies, then we reserve the absolute right to reverse orders, set your commission to 0%, or suspend or terminate you from the Program altogether.
We know that many violations are a result of automated processes; however, it is the partner’s responsibility to ensure that it has the appropriate checks and balances in place to address these issues and adhere to our program rules pro-actively.
GRANT OF LICENSES
- We grant to you a non-exclusive, non-transferable, revocable right to
(i) access our site through HTML links solely under the terms of this Agreement and,
(ii) only 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 as long as you are a member of the Program. You agree that all uses of the Licensed Materials will be in connection to the Program and on our benefit only.
- 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 Agreement, each party retains all right, title, and interest to its respective rights, and no right, title, or interest is transferred to the other.
- Except for the limited license granted under this section, you do not obtain any rights under this Agreement in any intellectual property, including, without limitation, any intellectual property concerning our Affiliate Link, link formats, technical specifications, guidelines or graphical artwork referenced above, or concerning our domain name.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
- This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you under its terms;
- You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
- You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
DISCLAIMER & LIMITATIONS
PULSAR TECH INC. (CASHFLOW) MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING OUR PROGRAM, SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF OUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
LIMITATIONS OF LIABILITY
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL PULSAR TECH INC’S (CASHFLOW) CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless PULSAR TECH INC, its subsidiaries, affiliates, directors, officers, employees, agents, shareholders, partners, members, and other owners, against all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the preceding from now on referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on
(i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary rights of any third party,
(ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or
(iii) any claim related to your site, including, without limitation, content therein not attributable to us.
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.
- 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 us.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 any other of Your Site or otherwise, that reasonably would contradict anything in this section.
- Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
- This Agreement shall be governed by and interpreted in accordance with the laws of the United States and the State of Deleware without regard to the conflicts of laws and principles thereof.
- You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
- This Agreement represents the entire agreement between you and us and shall supersede all prior agreements and communications of the parties, oral or written.
- The headings and titles contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
- If any provision of this 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.
- 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 provision or any other provision of this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME ADMIT OTHERS INTO THE PROGRAM ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT.
YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.