Edicy Affiliate Program Terms of Service
1. General
- This license agreement (“Agreement”) is between You (“you”) and Edicy, represented by Fraktal LLC,
located at Raekoja plats 1, 51003 Tartu, Estonia (“Edicy”). Please read
the Agreement carefully. By signing up to be an Affiliate in the Edicy
Affiliate Program (“Program”) you are agreeing to be bound by the
following terms and conditions (“Terms of Service”).
- Edicy
reserves the right to update and change the Terms of Service from time
to time without notice. Any new features that augment or enhance the
current Program, including the release of new tools and resources,
shall be subject to the Terms of Service. Continued use of the Program
after any such changes shall constitute your consent to such changes.
You can review the most current version of the Terms of Service at any
time at: http://www.edicy.com/affiliate/affiliate-tos
- Violation
of any of the terms below will result in the termination of your
Account and for forfeiture of any outstanding affiliate commission
payments earned during the violation. You agree to use the Affiliate
Program at your own risk.
2. Account Terms
- You must be 18 years or older to be part of this Program.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You
must provide your legal full name, a valid email address, and any other
information requested in order to complete the signup process.
- Your
login may only be used by one person – a single login shared by
multiple people is not permitted. You may create separate logins for as
many people as you’d like.
- You are responsible for maintaining
the security of your account and password. Edicy cannot and will not be
liable for any loss or damage from your failure to comply with this
security obligation.
- You are responsible for all Content posted
and activity that occurs under your account (even when Content is
posted by others who have accounts under your account).
- One person or legal entity may not maintain more than one account.
- You
may not use the Affiliate Program for any illegal or unauthorized
purpose. You must not, in the use of the Service, violate any laws in
your jurisdiction (including but not limited to copyright laws). You
must use the Program and in accordance to this Agreement and the
instructions provided on Edicy website http://www.edicy.com (“Website”).
- You may not use the Affiliate Program to earn money on your own Edicy accounts.
3. Links/graphics on your site, in your emails, or other communications
- Once
you have signed up for the Affiliate Program, you will be assigned a
unique Affiliate Code. You are permitted to place links, banners, or
other graphics we provide with your Affiliate Code on your site, in
your emails, or in other communications. We will provide you with
guidelines, link styles, and graphical artwork to use in linking to
Edicy. We may change the design of the artwork at any time without
notice, but we won’t change the dimensions of the images without proper
notice.
- To permit accurate tracking, reporting, and referral fee
accrual, we will provide you with special link formats to be used in
all links between your site and Edicy website. You must ensure that
each of the links between your site and Edicy website properly utilizes
such special link formats. Links to Edicy website placed on your site
pursuant to this Agreement and which properly utilize such special link
formats are referred to as “Special Links.” You will earn referral fees
with respect to sign-ups on Edicy website occurring directly through
Special Links. We will not be liable to you with respect to any failure
by you or someone you refer to use Special Links or incorrectly type
your Affiliate Code, including to the extent that such failure may
result in any reduction of amounts that would otherwise be paid to you
pursuant to this Agreement.
4. Entering referral codes manually
- Your
Affiliate code code can also be entered into Edicy Website site
settings manually by the person referred by you. Edicy shall not be
liable to you with respect to any failure by you or someone you refer
to correctly type your Affiliate Code, including to the extent that
such failure may result in any reduction of amounts that would
otherwise be paid to you pursuant to this Agreement.
5. Referral fees/commissions and payment
- For
an Edicy subscription sale to be eligible to earn a referral fee, the
customer must enter the referral code manually or click-through a
Special Link from your site, email, or other communications to Edicy
website and sign up for an Edicy subscription. You shall not receive
commissions for domains purchased on Edicy website by clients you refer
to Edicy.
- Commissions are earned once the customer has
made their first payment. Recurring commissions are paid every time
after the customer has made their payment.
- The current commission chart may be found at: http://www.edicy.com/developer/resell.
The commission structure is subject to change at our discretion. We
will notify all Affiliates 30 days prior to a commission structure
change. Commissions earned under the previous structure will be paid
under the previous structure. Commissions under the new structure will
be paid under the new structure.
We will only pay commissions on
links or referrals that are automatically tracked and reported by our
systems. We will not pay commissions if someone says they signed up or
someone says they entered a referral code if it was not tracked by our
system. We can only pay commissions on business generated through
properly formatted special links that were automatically tracked by our
systems. - We reserve the right to disqualify commissions
earned through fraudulent, illegal, or overly aggressive, questionable
sales or marketing methods.
- Payments only begin once
you’ve earned more than €50 in affiliate income. If your affiliate
account never crosses the €50 threshold, your commissions will not be
realized or paid. We are only responsible for paying accounts that have
crossed the €50 threshold.
6. Payments by PayPal
- Commissions are paid by PayPal and only by PayPal. We can not send checks, credit credit cards, or send cash. You are required to have a PayPal account to receive commissions. If you don’t have a PayPal account you can sign up for one at any time, but you will not be paid until you have one.
7. Identifying yourself as a Edicy Affiliate
- You
may not in any manner misrepresent or embellish the relationship
between us and you, say you develop our products, say you are part of
Edicy, or express or imply any relationship or affiliation between us
and you or any other person or entity except as expressly permitted by
this Agreement (including by expressing or implying that we support,
sponsor, endorse, or contribute money to any charity or other cause).
- You
may not subcribe to Edicy through your affiliate links for your own
use. Such purchases may result (in our sole discretion) in the
withholding of referral fees and/or the termination of this Agreement.
8. Payment schedule
- As
long as your current affiliate earning are over €50, you’ll be paid
roughly every 45 days. If you haven’t earned €50 since your last
payment, we’ll pay you roughly 45 days after you’ve crossed the
threshold. Payments are only made via Pay Pal.
- If
you wish to dispute any payment, you should do so within 30 days of the
date of receipt of such payment. If you fail to do so in this period
you will be deemed to have accepted the correctness of the payment.
9. Customer definition
- Customers
who buy products through this Program will be deemed to be our
customers. Accordingly, all of our rules, policies, and operating
procedures concerning customer orders, customer service, and product
sales will apply to those customers. We may change our policies and
operating procedures at any time. For example, we will determine the
prices to be charged for products sold under this Program in accordance
with our own pricing policies. Product prices and availability may vary
from time to time. Because price changes may affect Products that you
have listed on your site, you you might not want to display product
prices on your site. We will use commercially reasonable efforts to
present accurate information, but we cannot guarantee the availability
or price of any particular product.
10. Your responsibilities
- You
will be solely responsible for the development, operation, and
maintenance of your site and for all materials that appear on your
site. For example, you will be solely responsible for:
- The technical operation of your site and all related equipment
- Ensuring
the display of Special Links on your site does not violate any
agreement between you and any third party (including without limitation
any restrictions or requirements placed on you by a third party that
hosts your site)
- The accuracy, truth, and appropriateness
of materials posted on your site (including, among other things, all
Edicy-related materials and any information you include within or
associate with Special Links)
- Ensuring that materials
posted on your site do not violate or infringe upon the rights of any
third party (including, for example, copyrights, trademarks, privacy,
or other personal or proprietary rights)
- Ensuring that materials posted on your site are not libelous or otherwise illegal
- Ensuring
that your site accurately and adequately discloses, either through a
privacy policy or otherwise, how you collect, use, store, and disclose
data collected from visitors, including, where applicable, that third
parties (including advertisers) may serve content and/or advertisements
and collect information directly from visitors and may place or
recognize cookies on visitors’ browsers.
11. Compliance with Laws
- As
a condition to your participation in the Program, you agree that while
you are a Program participant you will comply with all laws,
ordinances, rules, regulations, orders, licenses, permits, judgments,
decisions or other requirements of any governmental authority that has
jurisdiction over you, whether those laws, etc. are now in effect or
later come into effect during the time you are a Program participant.
12. Taxation
- You
agree to pay all applicable taxes or charges imposed by any government
entity in connection with the commission payments. In case it is
required by any government entity, Edicy has the right to withhold
applicable taxes and charges from the payouts to you.
13. Term of the Agreement and Program
- The
term of this Agreement will begin upon our acceptance of your Program
application and will end when terminated by either party. Either you or
we may terminate this Agreement at any time, with or without cause, by
giving the other party written notice of termination. Upon the
termination of this Agreement for any reason, you will immediately
cease use of, and remove from your site, all links to Edicy website,
and all of our trademarks, trade dress, and logos, and all other
materials provided by or on behalf of us to you pursuant hereto or in
connection with the Program. Edicy reserves the right to end the
Program at any time. Upon program termination, Edicy will pay any
outstanding earnings accrued above €50.
14. Termination
- Edicy,
in its sole discretion, has the right to suspend or terminate your
account and refuse any and all current or future use of the Program, or
any other Edicy service, for any reason at any time. Such termination
of the Service will result in the deactivation or deletion of your
Account or your access to your Account, and the forfeiture and
relinquishment of all potential or to-be-paid commissions in your
Account if they were earned through fraudulent, illegal, or overly
aggressive, questionable sales or marketing methods. Edicy reserves the
right to refuse service to anyone for any reason at any time.
15. Relationship of Parties
- You
and we are independent contractors, and nothing in this Agreement will
create any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between the parties. 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
otherwise, that reasonably would contradict anything in this Agreement.
16. Limitations of Liability
- We
will not be liable for indirect, special, or consequential damages (or
any loss of revenue, profits, or data) arising in connection with this
Agreement or the Program, even if we have been advised of the
possibility of such damages. Further, our aggregate liability arising
with respect to this Agreement and the Program will not exceed the
total referral fees paid or payable to you under this Agreement.
17. Disclaimers
- We
make no express or implied warranties or representations with respect
to the Program or any products sold through the Program (including,
without limitation, warranties of fitness, merchantability,
noninfringement, or any implied warranties arising out of a course of
performance, dealing, or trade usage). In addition, we make no
representation that the operation of Edicy and Edicy website will be
uninterrupted or error-free, and we will not be liable for the
consequences of any interruptions or errors.
18. Independent Investigation
- YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER
REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS
AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR
WEB SITE. 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.
19. Miscellaneous
- This
Agreement will be governed by the laws of Estonia, without reference to
rules governing choice of laws. 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 provision or any other
provision of this Agreement.
- The failure of Edicy to
exercise or enforce any right or provision of the Terms of Service
shall not constitute a waiver of such right or provision. The Terms of
Service constitutes the entire agreement between you and Edicy and
govern your use of the Service, superceding any prior agreements
between you and Edicy (including, but not limited to, any prior
versions of the Terms of Service).
- Edicy may retain and
use all information you provide, including but not limited to service
usage details, contact and billing information. You agree that Edicy
may transfer and disclose to third parties personally identifiable
information about you for the purpose of approving and enabling your
usage of the Service. Edicy may also provide information in response to
valid legal process, such as subpoenas, search warrants and court
orders, or to establish or exercise its legal rights or defend against
legal claims. Edicy disclaims all responsibility, and will not be
liable to you, however, for any disclosure of that information by any
such third party. Edicy may share non-personally-identifiable
information about you, including service details, usage statistics and
similar information collected by Edicy, with advertisers, business
partners, sponsors, and other third parties.
- In case the
Agreement has been translated into some other language than English and
there are contradictions between the English version and the
translation, then the English version shall prevail over the
translation.
- Any disputes related to the Agreement are to
be solved by means of negotiations. If the dispute cannot be solved by
means of negotiations, the dispute shall be solved in Tartu County
Court, Estonia.
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