TERMS OF SERVICE:
The capitalised terms used in these Terms of Service shall have the following meaning:
- Expert - software developer, member of a team of WordPress specialized programmers working for the Provider.
- Provider - an entity providing access to the Site and Services available through the Site, that is MPC Jakub Gaj, an entrepreneur operating in compliance with the law of the Republic of Poland, with its registered office in Sosnowiec, at Targowa 9/9, 41–200 Sosnowiec, Poland with NIP (tax identification number): 6252298605, and REGON number 242858681.
- Site - wpkraken.io website, accessible under the URL: www.wpkraken.io and all associated sites linked to the Site, which are operated by the Provider.
- Services - the services available through the Site in accordance with these Terms of Service, which include, but are not limited to, WordPress custom programming services, any other service and/or content the Provider makes available to or performs for Clients, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.
- Terms of Service - this document, specifying the terms and conditions of the use of the Site and Services as well as the rights and obligations of Clients and the Provider.
- Client - an individual who has reached the age of majority in his/her jurisdiction, with a full capacity to enter into legal transactions, acting on his/her own behalf, which makes use of the Site in accordance with the Terms of Service.
About the www.wpkraken.io:
- The Site is accessible worldwide to anyone with Internet access under the URL: www.wpkraken.io.
- The Site provides specialised programming services to operators of websites running on installations of WordPress which include, but are not limited to, WordPress custom programming services.
- These Terms of Service form a legally binding contract between a Client and the Provider, with respect to the Client’s use of the Site and Services. By using the Site or Services, the Client affirms that has reached the age of majority in his/her jurisdiction, and is fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service.
Job requests and registration procedure:
- Service must be requested through the “Order A Job” page to be received and responded to in a reasonable amount of time.
- In order to request a job the Client shall fill the order form on www.wpkraken.io/order.
- The Client is obliged to ensure that all information he/she submits to the Provider is accurate, complete and not misleading. Information included in a job request must be precisely defined so that the Services ordered through the Site may be accurately evaluated and fully performed.
- Placing an order for Services offered through the Site requires user’s registration and creating an user’s account within the Site. For unregistered Clients the user’s account will automatically be created. Registration may also be made by accessing the Site, clicking the Login / Register button and filling a register form. In order to complete the registration the Client must click (or paste into the browser) confirmation link received by e-mail with account information sent by the Provider.
- Each job request will be individually evaluated by the Provider based on applicable hourly rate and the scope of work required for performance of the requested job. The effort required for development is exclusively evaluated and determined by the Provider basing on professional experience and knowledge. Some categories of Services offered through the Site have fixed price specified by the Provider. In such cases the evaluation stage is skipped.
- The Provider gives no guarantee either express or implied on the timeframe of when a requested job will be completed.
- Client’ orders are subject to approval by the Provider. Requests should fall within the following categories:
- Wordpress Theme or Plugin Customization
- Wordpress Theme / Plugin Installation & Setup
- Advanced: SEO, Security or Page Speed Improvement
- Expert Audit. Website Analysis & Testing
- Website / Theme Migration
- Other - Any Other Project or Service
- The Provider is entitled to deny job request that does not meet above categories.
- The requested job will not be performed until the fee due to Provider is fully paid up on a prepay basis.
- On completion of requested Services, the Client receives modified files. Up to this point, the Client is entitled to ask for an up to 100% refund, if the development does not meet requirements specified in the Client’s job request. The Provider reserves the right to refuse refunds on justifiable grounds.
- The Clients may submit reasonable comments regarding received development or reject the received work for justified reasons. If the Client neither accepts the requested Services nor rejects them nor submits any comments, the job is automatically accepted after 7 days from the Client’s last interaction with an Expert.
- The invoice is issued, upon acceptance of the requested work, regardless of whether the acceptance is express or implied pursuant to above section.
- After the Services are completed and accepted, regardless of whether the acceptance is express or implied pursuant to section 3.11 above, the Client receives an automatic request for review on their experience with the Service, however the Client has no obligation to respond to it. The Client agrees that, the review may be made public by the Provider.
- The Provider cannot use the data to servers for any reason beyond the scope of performance of the Services offered through the Site.
- All of the Services available on the Site can be used for personal and commercial use, unless stated otherwise.
- Services offered through the Site require payment of fees evaluated by the Provider on a prepay basis.
- Payments may be made through PayPal or Stripe (credit/debit card).
- The Provider reserves the right to change prices and fees related to Services offered through the Site at any time. Such changes shall be posted online at the Site and effective immediately without need for further notice. Such changes shall not affect the fees and prices related to a job request previously approved and evaluated by the Provider.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Client is responsible for payment thereof. The Client agrees to pay for any taxes that might be applicable to payments he/she makes to the Provider.
- The invoice regarding settlement of the Service shall not reveal the type, duration, frequency, and other technical parameters of individual Services performed for a Client, unless the Client requested detailed information in this respect.
Technical requirements for using the Site and Services:
- Technical requirements concerning the use of the Site and Services are as follows:
- Internet connection;
- web browser enable of displaying hypertext documents (HTML) which are linked with the Internet through a website with activated Java Script execution and writing cookies files;
- active email account.
- It is Client’s responsibility to ensure that used equipment and software meet above requirements and allow him/her to use the Site and Services.
Client’s rights and duties:
- A Client using the Site and Services is obliged to comply with the generally applicable law and provisions of these Terms of Service.
- Each account is intended and designed for use by an individual user. Therefore a Client can hold only one account, which cannot be transferred to or used by third party. A Client may not allow anyone else to use his/her login. If so, the Client accepts full responsibility for the consequences of such actions.
- A Client is obliged to refrain from any actions that could damage or disturb the operation of the Site or use of Services, or any system, hardware, software or network connected to the Site included but not limited to:
- attempts at disturbing, breaking the security or cutting off access to accounts of other Clients or to their computers (DOS, DDOS attacks, DNS spoofing);
- attempts at hacking or reverse engineering any code or equipment in connection with the Site;
- phishing, that is falsifying information which permits to identify a Client or hiding such information without having first obtaining a written consent;
- uploading, posting streaming or transmitting any content that contains any viruses, worms, spyware, time bombs or other computer programs that may damage, interfere with or disrupt the Site or computers or other users;
- unauthorized scanning of the network of other Clients in search of security gaps;
- unauthorized monitoring of network traffic or other attempts of intercepting information reserved for the Provider or to other Clients;
- pharming, that is the use of malicious software, disturbing the operation of DNS servers or other means aimed at redirecting Client to a website or to another site impersonating the Site in order to gather personal data of Clients, the data necessary for logging or other information;
- giving unauthorized access to the account to other persons;
- taking over IP addresses.
- A Client may not use the Site and Services to engage or to assist others in any of the following:
- deceptive or misleading practices;
- abusing, intimidating or harassing others and stalking behaviour;
- uploading, posting, streaming or transmitting any content or material that is offensive, hateful or vulgar, including without limitation to any content or communication that is racially, ethnically, religiously, or sexually offensive, defaming, threatening, bullying or stalking;
- uploading, posting, streaming or transmitting any unsolicited or unauthorized material, including junk mails, SPAM, excessive mails or chain letters;
- uploading, posting, streaming, accessing or otherwise transmitting any content that infringes or violates any third-party rights (including, without limitation, intellectual property rights or privacy rights), any law or regulation, these Terms of Service or contractual obligations;
- using, making or distributing unauthorized software or hardware in conjunction with the Site, or taking or using Services or the Sites to design, develop or update unauthorized software or hardware.
- framing the Site, displaying the Site in connection with an unauthorized logo or mark, or taking actions that could falsely suggest a relationship between the Provider and any third person or potentially deprive the Provider of revenue (including, without limitation, revenue from advertising, branding or promotional activities);
- unauthorized spidering, scraping or harvesting content, contact or other personal data or using any other unauthorized automated means to compile information;
- defeating any access controls, accessing any portion of the Site that the Provider has not authorized Client to access (including password-protected areas), link to password-protected areas, attempt to access or using another Client’s account;
- direct or indirect sending, collection, sale or distribution of email addresses for the purposes of sending mass unsolicited correspondence (spam),
- distributing commercial content such as advertisements, solicitations, promotions and links to websites.
- Client is solely responsible for content and communications posted within the Site and bears the fully consequences thereof. The Provider is not liable for the content that is provided by Client.
- The Provider has the right (but not the obligation) to pre-screen content and communications submitted by Client, to record, monitor, edit, move, remove, block, edit, or refuse to post any content and communications submitted by Client for any reason, including that Client’s content is abusive, illegal, or disruptive, or that otherwise violates these Terms of Service, other applicable terms, rules or agreements between Client and the Provider. The Provider however is not responsible for any failure or delay in pre-screening, blocking or removing such material.
- The Provider is authorized to immediately, without prior notice, terminate an agreement, suspend or permanently remove the account of the Client who breaches these Terms of Service, other applicable terms, rules or agreements between Client and the Provider. In such a case the Provider shall not bear any liability vis-à-vis Client for taking such remedies.
- The Provider undertakes to ensure possibly the highest quality and stability of the Site and Services, however within the maximum extent allowed by applicable law, the Provider shall not be liable for any breaks or disturbance caused by force majeure or unauthorized activity of third parties.
- Within the maximum extent allowed by applicable law, the Provider shall not be liable for temporary breaks in the Site or Services, caused by the implementation of new solutions and facilities within the framework of the Site or maintenance works on the IT system equipment used to provide access to the Site and Services. As much as possible, the Provider will be notifying Clients of any scheduled breaks in the Site operation and Services accessibility or any inconveniences that may occur in its use.
- In cases affecting the security or stability of the Site and Services, the Provider reserves the right to temporarily reduce or suspend the access to the Site without previously notifying Clients and to conduct maintenance works aimed to reinstate the security and stability of the Site and Services. In such a case the Provider shall not bear any liability vis-à-vis Client’s for described actions.
- Client agrees to defend, indemnify, and hold the Provider and its employees and contractors, harmless from and against all liabilities, damages, losses, claims, costs and expenses (including without limitation reasonable attorneys' fees and costs) arising out of Client’s use or misuse of the Site and related to third party claims, charges or investigations, caused by Client’s breach of these Terms of Service, including, without limitation, Client’s violation of any law or regulation or the rights of any third party.
Agreement for providing access to the Site and Services:
- A Client may stop using the Site and the Services at any time and terminate the agreement for providing access to the Site, effective forthwith without stating any reasons by submitting a termination notice to the Provider through the following link www.wpkraken.io/contact. The Account shall be deleted from the database within 14 days of confirming the receipt of the termination notice.
- Warranty claims due to failure to perform or improper performance of the Service can be submitted by the Client to the Provider, by sending the warranty claim through the following link www.wpkraken.io/contact.
- The warranty claim should be submitted within 30 calendar days as of the moment when the reasons for the complaint have become apparent. Upon lapse of the aforementioned time limit a complaint may not be taken into consideration.
- The warranty claim should include the Client’s contact information, including email address and a short description of the reported issue.
- The Provider processes warranty claims within 14 days of receiving.
- If a given claim does not include the elements stated in section 9.3 above, the Provider informs a Client that a complaint cannot be considered explaining reasons for such a case.
- The Provider shall respond to any claims in written form or via email, to the address given by the Client, within 14 days of receiving the claim, informing whether or not it accepts the claim, and either present a solution, or inform that there are no grounds for recognizing the claim, justifying its position.
- If a Client is not satisfied with Provider’s response with respect to the warranty claim, the Client may take the matter to an external independent dispute resolution.
- Provider shall not consider warranty claims resulting from ignorance of the legal regulations in force, provisions of these Terms of Service, or the information announced on the Site.
- Any intellectual property rights of the Site and Services are the exclusive property of the Provider or their respective owners. All creative elements placed on this Site are protected by intellectual property rights, and in particularly by copyright. All trademarks, logos, graphics, photographs, animations, videos, texts and other distinctive signs appearing on the Sites are the intellectual property of the Provider or third parties. Therefore, they may not be reproduced, used or represented without the prior authorization of the Provider or third parties. Any proprietary or intellectual property rights to works owned by a third party, which do not constitute the content of the Site and Services but are accessible by using the Site and Services, constitute the property of their respective owners and are protected by copyright law, or other laws governing intellectual property.
- The Client is granted the right to use the Site and Services solely for the purposes stated in the Terms. The Provider hereby grants to Client a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access, through a generally available web browser and to use the Site and Services as the Provider intends the Site and Services to be used, and only in accordance with these Terms of Service. Provider grants to the Client no other rights, implied or otherwise. Client will not: (a) copy, modify, adapt, translate or otherwise create derivative works of the Site or Services; (b) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Site or Services, except to the extent applicable laws specifically prohibit such restriction; and (c) rent, sublicense, lease, sell, assign or otherwise transfer rights (or purport to do any of the same) in or to the Site or Services. The license granted above and Client’s right of use of the Site and Services will terminate immediately if Client fails to comply with these Terms of Service.
- Clients can use third parties’ products offered through the Site in accordance with and subject to licenses granted by these third parties.
- The Provider does not claim ownership of any content that Client posts on or shares through the Site; however, if Client submits content on areas of the Site that are generally available to the public (such as blogs, forums etc.), he/she grants the Provider an irrevocable, non-exclusive, worldwide, perpetual, royalty-free, sub-licensable, transferable license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly display, publicly perform, distribute, advertise in, on, and around, and to incorporate such content into other works in any form, format, media, technology or medium of any kind now known or later developed.
Amendments and Modifications:
- The Provider reserves the right to change the Site functionality at any time, in particular by introducing new functions and facilities for Clients.
- The Provider at its sole discretion may modify the provisions of these Terms of Service at any time for one or more of the following reasons:
- to comply with any change or anticipated change in any relevant law;
- to reflect any decision of a court, ombudsman or regulator;
- for security reasons;
- as a result of changed circumstances;
- as a result of changes in the cost of providing Services;
- to make them clearer.
- Changes regarding payments does not affect the fees and prices related to job requests previously approved and evaluated by the Provider.
- The Provider can only make the change to the extent permitted by the applicable law.
- A change required to restore or maintain the security of Services may be made immediately and without prior notice to Clients.
- In case of any modifications of these Terms of Service the Client will be informed about them by posting on the Site’s home page. Unless otherwise stated in these Terms of Service, modifications take effect on the date specified by the Provider, which may not be earlier than 14 calendar days from the date of the said announcement. The Client who does not agree to the modifications may terminate the agreement with the Provider by sending the relevant termination notice using the following link www.wpkraken.io/contact. Termination shall become effective upon receiving Client’s statement. Continued use of this Site after modifications have been effectively made to these Terms of Service indicates Client’s acceptance of the modified Terms of Service.
- The Provider and a Client are independent parties, and nothing in these Terms of Service constitutes a partnership between or joint venture of the Provider and a Client.
- Neither party may assign or transfer any of their rights or obligations under these Terms of Service without the prior consent of the other. Pursuant to a merger, reorganization or restructuring involving the Provider, or the sale of its business, the Provider may, by notice to a Client, transfer or assign its rights and obligations. The consumer who does not agree to such transfer or assignment may terminate the agreement with the Provider by sending termination notice using the following link www.wpkraken.io/contact. Termination shall become effective upon receiving Client’s statement. Continued use of this Site indicates Client’s consent to such transfer or assignment.
- These Terms of Service are publicly available at the following internet address www.wpkraken.io/terms-of-service.
- Any queries or comments regarding these Terms of Service may be submitted at www.wpkraken.io/contact or by mail address: email@example.com.
- These Terms of Service and all questions relating to the performance, interpretation, breach or enforcement of these Terms of Service, or the rights, obligations and liabilities under them are governed by the laws of the Republic of Poland.
- Any disputes, involving parties other than consumers (as defined in European Union regulations in force), regarding performance, interpretation, breach or enforcement of these Terms of Service, or the rights, obligations and liabilities under them shall be submitted to the exclusive jurisdiction of a court in Katowice (the Republic of Poland).
- The provisions of these Terms of Service do not infringe upon the consumer’s rights as dictated by the governing law, which has priority over the provisions of the hereby Terms of Service.
- These Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Service are held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of these Terms of Service.
- By choosing to access the Site the Client accepts full responsibility for compliance with all local or federal laws that are applicable. The Provider makes no representation that materials on the Site are appropriate or available for use in locations outside the European Union.
- These Terms of Service were originally written in English and may be translated into other languages. In the event of a conflict between a translated version and the English version, the English version shall prevail.
- The Terms of Service come into effect on December 1, 2016.
AFFILIATE PROGRAM TERMS:
Affiliate Program provides Clients with the ability to refer other users to the Site and by that earn a passive income. When a new user clicks referral link on Affiliate’s website, registers and purchases Service offered through the Site, an Affiliate will receive a percentage of such purchase in accordance with provisions of these Affiliate Program Terms.
These additional terms cover Affiliate Program and are an extra part of the Terms of Service that apply specifically to Affiliate Program members who refer new users to the Site.
The capitalized term “Affiliate” used in these Affiliate Program Terms shall refer to an Affiliate Program member who refers new users to the Site. The capitalized term “Referred User” used in these Affiliate Program Terms shall refer to an person referred to the Site by Affiliate’s referral link, who registers and purchases at least one of the Services offered through the Site within three months from the date of his/ her first access to the Site. All other words defined or explained in the Terms of Service have the same meaning here. If there's any inconsistency between what is said in these Affiliate Program terms and what is in the Terms of Service, terms used in these Affiliate Program terms shall prevail.
Becoming an Affiliate:
All registered Clients can act as Affiliates by following the steps outlined in these Affiliate Program Terms. In order to participate in Affiliate Program Clients that have status of a consumer (as defined in European Union regulations in force) must submit information on name, surname and origin country.
Every member of the Affiliate Program automatically receives a referral code which is available in Affiliate tab within Client’s account. In order to use the referral code the Affiliate shall install a link on his/her website using that code. A Client will not be available in Affiliate tab until the Client submits all information required within the Affiliate Program.
- Referred Users who have clicked on Affiliate’s referral link are tracked through cookies, so it is necessary that they allow cookies to track and recognize them;
- If a Referred User does not allow cookies or clears his/her cookies, he/she cannot be tracked and earnings regarding that person’s registration and purchase cannot be paid to the Affiliate;
- If a Referred User clicks on Affiliate’s referral link and then later he/she clicks on other Affiliate’s referral link, the first one is the one that is taken into account for purpose of payment of earnings resulting from membership in the Affiliate Program;
- Affiliate shall receive a percentage of each purchase made by Referred User.
- A user referred via Affiliate referral link must not be related in any way to Affiliate or his/her business or company, in particular a Referred User must not be subsidiary, parent and other affiliated company, their employee, contractor, officer nor director;
- Affiliates will not be paid for their own purchases;
- If a person clicks on Affiliate’s referral link, registers and does not make any purchase within three months from the date of his/ her first access to the Site, the cookie shall expire within that period and no Affiliate Program earnings shall apply. If however a referred user signs-up and makes a purchase within that time, the Affiliate status shall remain valid indefinitely and the Affiliate Program earnings shall apply, unless otherwise stated in these Affiliate Program;
- Clicks on Affiliate’s referral link by users that already have visited the Site before or have an existing account within the Site are not taken into account for purpose of payment of earnings resulting from membership in the Affiliate Program;
- Use of the Affiliate Program is subject to a fair use policy which gives the Provider the right to review each and every referral;
- The Provider has the right to use Affiliate’s logo on the Site for marketing purposes (in section “Our Partners”)
Referral program percentage:
The Affiliate will get earnings for successfully participating in the Affiliate Program. When a new user clicks referral link, registers and purchases Service offered through the Site, the referral will be recorded and an Affiliate will receive a percentage of each purchase of Service offered through the Site made by that Referred User. Percentage rate increases with the number of Referred Users directed to the Site by Affiliate’s referral link, who register and make at least one purchase within three months from the date of their first access to the Site, as set out below:
- 0–4 Referred Users = the Affiliate will receive 15% of purchase price,
- 5–9 Referred Users = the Affiliate will receive 16% of purchase price,
- 10–14 Referred Users = the Affiliate will receive 17% of purchase price,
- 15–19 Referred Users = the Affiliate will receive 18% of purchase price,
- 20–24 Referred Users = the Affiliate will receive 19% of purchase price,
- 25–29 Referred Users = the Affiliate will receive 20% of purchase price,
- 30–34 Referred Users = the Affiliate will receive 21% of purchase price,
- 35–39 Referred Users = the Affiliate will receive 22% of purchase price,
- 40–44 Referred Users = the Affiliate will receive 23% of purchase price,
- 45–49 Referred Users = the Affiliate will receive 24% of purchase price,
- 50+ Referred Users = the Affiliate will receive 25% of purchase price.
The Referral cut cannot exceed $200 from a single job. This only concerns big jobs where we cannot share a referral cut based on the percentage. Otherwise we would need to overcharge our clients.
Example: The client is referred by you (and you are at 25% referral level). The user pays for the job $1,000.00 so instead of $250 you get $200 this is the max you can get from a single job.
‘Early Birds’: business partners who received a special premium from the Provider (special URL link to registration) receive earning percentage rate of 25% of purchase price upon individually negotiated terms and conditions.
If a purchase directly relating to Affiliate’s earnings is subject to a discount, refund or chargeback, basis for calculating a payments for Affiliate’s referrals is the actual purchase price paid by the Referred User, reduced by any discounts, refunds or chargeback obtained by that Referred User.
The Provider reserves the right to change percentage rates of Affiliate’s earnings at any time. Such changes shall only apply to Referred Users directed to the Site by Affiliate’s referral link and registered after said modifications have been effectively made and therefore shall not affect percentage rates related to purchases generated by Referred Users previously directed to the Site by Affiliate’s referral link and registered. The Affiliate will be informed about such change of percentage rates of Affiliate’s earnings by means of the appropriate announcement posted on the Site’s home page. Change of percentage rates take effect on the date specified by the Provider, which may not be earlier than 14 calendar days from the date of the said announcement. The Affiliate who does not agree to such change may terminate the agreement with the Provider and shall forthwith inform the Provider about that by sending the relevant declaration using the following link www.wpkraken.io/contact. Termination shall become effective upon receiving Affiliate’s statement. Continued use of referral code on Affiliate’s website after change of percentage rates of Affiliate’s earnings indicates acceptance of the modification.
The Affiliate receives a notice upon approval of the requested job made by Referred User. Each valid and successful referral will be recorded by the Provider.
The Provider holds the balance of Affiliate’s earnings until date of payment.
Earnings appear in Affiliate members' Affiliate tab, so that the Affiliate can track referral program earnings online;
In order to make payment the Affiliate authorises the Provider to issue an invoice on behalf of the Affiliate.
In order to receive Affiliate’s referral earnings, the Affiliate shall submit payment requests using the following link: www.wpkraken.io/settings/withdrawals.
Upon Affiliate’s payment request the invoice regarding Affiliate’s referral earnings shall be issued on behalf of the Affiliate. The invoice regarding Affiliate’s referral earnings shall be issued on the last calendar day of the of the month in which Affiliate’s payment request was submitted . After the invoice is issued the referral program earnings shall not be visible online in Affiliate members' Affiliate tab.
The payment of Affiliate’s referral earnings will be made at the 10th day of the month following the month in which invoice regarding Affiliate’s referral earnings was issued. The date of payment of the Affiliate’s referral earnings is concerned to be the date of debiting the Provider’s PayPal account.
In order to receive Affiliate’s earnings, the Affiliate must provide the correct details needed to issue an invoice or complete the payment. The Provider may block the referral link if the Affiliate does not provide complete details needed to issue an invoice or complete the payment. The Provider will pay Affiliates their referral earnings through PayPal account in accordance with payment information provided by the Affiliate.
Minimal amount of payment, that may be made through PayPal account is $1.
The payment of Affiliate’s referral earnings will be made in US dollars.
The Affiliate must bear all expenses incurred by the Provider in relation to paying Affiliate’s earnings, including but not limited to costs of bank or PayPal transfer, conversion rates or financial institution's fees.
The Affiliate must bear all taxes, levies, or duties imposed by taxing authorities, and the Affiliate is responsible for payment thereof.
The Provider is not liable for delays in payments caused by force majeure, incorrect payment details supplied by an Affiliate, acts of third party or an Affiliate.
The Provider has right to hold Affiliate’s referral earnings if earnings cannot be paid for whatever reason, including if:
- the Provider does not have the correct payment details;
- the Provider cannot contact the Affiliate using supplied contact details;
- the Affiliate is asking for payment to be made to a person, or to an institution that the Provider is prohibited from making payments to at law or where there are limitations in the banking systems;
The Affiliate may not:
- refer users by confusing them (or potentially confusing them) about whether Affiliate’s site is operated or endorsed by the Provider (for example, by copying design elements from our site);
- refer users by sending unsolicited email or other messaging that in any way may constitute spam;
- refer himself / herself via Affiliate’s referral link or users related in any way to Affiliate or his/her business or company, including but not limited to a referred user must not be subsidiary, parent and other affiliated company, their employee, officer nor director;
- use the Provider brands, trademarks and intellectual property, other than banners and logos the Provider makes available for affiliates;
- purchase a domain name, search engine keyword or pay-per-click advertisement that use any Provider trademarks or variations and mis-spellings;
- do anything that would amount to a breach of any laws including, but not limited to, privacy, intellectual property and spam;
- do anything that is directly or indirectly in contravention of these Affiliate Program terms, the Terms of Service, or any direction given by the Provider.
If the Provider decides that Affiliate’s participation in the Affiliate Program does not comply with any applicable laws and/or these Affiliate Program terms or the Terms of Service, the Provider can based on its reasonable discretion withhold the Provider earnings and disable this Affiliate’s account.
Effective date: December 1, 2016