The agreement that applies when you join the StoreAgent affiliate program. There is a plain English summary alongside the agreement if you want the short version.
Our affiliates are important to us. We do our best to treat you with the fairness and respect you deserve, and we ask the same of you. We have written the following affiliate agreement with you in mind, as well as to protect our company's good name. Please bear with us as we take you through this legal formality.
If you have any questions, please let us know. We are strong believers in straightforward and honest communication. For the quickest reply, email us.
Best regards,
Joshua Kohlbach
CEO of Rymera Web Co Pty Ltd, makers of StoreAgent
PLEASE READ THE ENTIRE AGREEMENT. YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND STOREAGENT (A SUBSIDIARY OF RYMERA WEB CO PTY LTD).
BY SUBMITTING THE ONLINE REGISTRATION YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in StoreAgent's Affiliate Program. The purpose of this Agreement is to allow HTML linking between your website and the StoreAgent website. Throughout this Agreement, "we," "us," and "our" refer to StoreAgent, and "you," "your," and "yours" refer to the affiliate.
2.1. To begin, you will complete and submit the online registration in the affiliate area. The fact that we auto-approve registrations does not imply that we may not re-evaluate your registration at a later time. We may reject your registration at our sole discretion. We may cancel your registration if we determine that your site is unsuitable for our Program, including if it:
2.2. As a member of StoreAgent's Affiliate Program you will have access to the Affiliate Dashboard. There you can review your referral link, share it to social platforms and by email, generate a QR code, and see reports on your referrals, visits and commissions. So that we can accurately track visits from your site to ours, you must use the referral link and any creative code that we provide you with.
2.3. StoreAgent reserves the right, at any time, to review the placement of your links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and updating of your site is your responsibility. We may monitor your site as we feel necessary to make sure it is up to date and to notify you of any changes that we feel should enhance your performance.
2.5. 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 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.
3.1. 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 site that we feel should be made, or to make sure that your links to our website are appropriate. If you do not make the changes that we feel are necessary, we reserve the right to terminate your participation in the StoreAgent Affiliate Program.
3.2. StoreAgent reserves the right to terminate this Agreement and your participation in the StoreAgent Affiliate Program immediately and without notice to you should you commit fraud in your use of the Program or should you abuse the Program in any way. If such fraud or abuse is detected, StoreAgent shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your affiliate registration, and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail or email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
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 StoreAgent's Affiliate Program rules. 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.
StoreAgent uses the AffiliateWP WordPress plugin to handle tracking of affiliate referrals.
You will be eligible for 20% commission on the payments a referred customer makes across their first year with StoreAgent. Commission is calculated on the amount paid, excluding tax. A referral only qualifies if the customer is brand new to StoreAgent, meaning they have never previously made a purchase, registered an account, or been on record as a customer in any capacity. Existing or past customers are not eligible to be referred.
Referrals are tracked with a 60 day cookie from the moment your link is clicked. Where more than one affiliate link has been clicked, the last link clicked before signup receives the referral. Free plan signups do not generate a commission on their own, as there is no payment to calculate a commission from. You are credited once the referred customer makes a payment, provided the tracking cookie is still active at that point.
If a referred customer's payment has been cancelled, put on hold, refunded, or if StoreAgent has not received cleared funds from the customer for whatever reason, you will not receive commission for that payment. Unpaid commissions are reversed automatically in this situation.
You cannot refer yourself or any company entities you are associated with through your own affiliate link. If we find you have been dishonest in this regard we will close your affiliate account and void any pending commissions.
Payment of commissions, should you have any commissions owing, is made via PayPal to your nominated email address between the 20th and 30th of the month following the referral. Failed payments will not be retried. Your PayPal account must be eligible to receive manual payments to participate.
You will log in to your StoreAgent account to reach the secure Affiliate Dashboard. From there you can access your referral link and creatives, and view reports that describe our calculation of the commissions due to you.
8.1. You are free to promote your own websites, but any promotion that mentions StoreAgent could be perceived by the public or the press as a joint effort. Certain forms of advertising are always prohibited. Advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email, postings to non-commercial newsgroups, and cross-posting to multiple newsgroups at once. You may not advertise in any way that conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote StoreAgent so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. You may post to newsgroups to promote StoreAgent so long as the newsgroup specifically welcomes commercial messages. At all times you must clearly represent yourself and your websites as independent from StoreAgent. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.2. Affiliates that, among other keywords or exclusively, bid in their Pay-Per-Click campaigns on keywords such as StoreAgent, storeagent.ai, www.storeagent.ai, app.storeagent.ai, and/or any misspellings or similar alterations of these, whether separately or in combination with other keywords, and do not direct the traffic from such campaigns to their own website prior to redirecting it to ours, will be considered trademark violators and will be banned from the Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behaviour.
8.3. Affiliates shall not transmit any so-called "interstitials," "Parasiteware," "Parasitic Marketing," "Shopping Assistance Application," "Toolbar Installations and/or Add-ons," "Shopping Wallets" or "deceptive pop-ups and/or pop-unders" to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited StoreAgent's site. As used herein, "Parasiteware" and "Parasitic Marketing" shall mean an application that, through accidental or direct intent, causes the overwriting of affiliate and non-affiliate commission tracking cookies through any means other than a customer-initiated click on a qualifying link on a web page or email; intercepts searches to redirect traffic through installed software; sets commission tracking cookies through loading of StoreAgent's site in iframes, hidden links or automatic pop-ups; targets text on websites not wholly owned by the application owner for the purpose of contextual marketing; or removes, replaces or blocks the visibility of affiliate banners with any other banners.
9.1. We grant to you a non-exclusive, non-transferable, revocable right to access our site through HTML links solely in accordance with the terms of this Agreement and, solely 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 authorise for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Program. You agree that all uses of the Licensed Materials will be on behalf of StoreAgent and the goodwill associated therewith will inure to the sole benefit of StoreAgent.
9.2. 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.
STOREAGENT MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING STOREAGENT'S SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN. ANY IMPLIED WARRANTIES OF STOREAGENT'S 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.
You represent and warrant that:
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 STOREAGENT'S 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 StoreAgent, and its 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; or 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.
15.1. 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 StoreAgent. 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 section.
15.2. 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.
15.3. This Agreement shall be governed by and interpreted in accordance with the laws of Australia without regard to the conflicts of laws and principles thereof.
15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
15.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
15.6. 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.
15.7. 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.
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