AFFILIATE AGREEMENT AND TERMS OF USE
By signing up to the WebCEO Affiliate Program you are agreeing to be bound by the following terms.
The purpose of this Agreement is to allow linking between your website and WebCEO website.
Should you disagree with any of the provisions of these terms, you may refuse creating an affiliate account or request to remove your current account from the system.
This agreement describes the terms and conditions for participation in the WebCEO Affiliate Program. As used in this Agreement, the terms "Affiliate", "you" and "your" shall refer to an affiliate. "WebCEO", "Company", "we", "our" and "us" shall refer to WebCEO LLC. "Site" shall refer to our website - https://www.webceo.com.
ENROLLMENT
To enroll in our Affiliate Program, you need to to create an affiliate account. We shall evaluate your application in good faith and notify you of its acceptance or rejection. We may reject your application if we determine, in our sole discretion, that your website is unsuitable for the Program for any reason.
If we reject your application, you are welcome to reapply to our Program at any time, should the circumstances that caused the rejection have changed.
AFFILIATE ACCESSORY
Once we notify an applicant about acceptance into the Affiliate Program, we shall make our creatives (banner advertisements, button links, text links and/or other graphic or textual promotional materials) available to Affiliate for display and use on Affiliate’s website. The promotional materials shall be displayed on Affiliate's website prominently and as Affiliate sees fit, provided that the manner of display shall be subject to the terms and conditions of this Agreement.
We encourage our affiliates to modify the suggested promotional materials or design their own ads to provide a positive marketing effect on their visitors or newsletter subscribers. However, we strongly restrict advertising via PPC services, such as Google Ads or Microsoft Advertising.
Affiliate shall place an affiliate link to our Site, which shall be used according to the terms and conditions of this Agreement, on the most relevant and heavily trafficked pages of his website. From time to time, we may offer different products for sale through WebCEO, and we may modify the logos and other information presented, as well as the overall appearance of WebCEO. All such changes and modifications shall occur without any prior notice to you. You shall not be required to change any source code, as we change our products automatically.
ORDER PROCESSING AND TRACKING
WebCEO shall be solely responsible for processing every order placed by a customer from Affiliate websites using the affiliate link to WebCEO. We reserve the right to reject orders that do not comply with any and all our requirements that we periodically may establish. We shall also prepare the order forms, process the payments and refunds (if applicable), and handle the customer service.
Customers who purchase products and services through WebCEO Affiliates shall be deemed to be customers of WebCEO. Accordingly, all WebCEO rules, policies and operating procedures concerning customer orders, customer service, pricing, and product sales shall apply to these customers. We may change our policies and operating procedures at any time in our sole discretion. WebCEO has a right to change the prices of products.
We shall rely on our own solution that is customized to provide the unprecedented precision of tracking sales made by customers who purchase products via the Affiliate link to WebCEO on your website. We shall provide you with a sales report, click-throughs, and commissions earned that shall be available in your Affiliate account. Both, you and we, shall agree to rely on and not to challenge or dispute the sales tracking and other information that we compile in connection with the Program, which shall bind both you and us for all purposes under this Agreement.
AFFILIATE FEES AND PAYOUTS
In exchange for Affiliate display of the promotional materials and for Affiliate compliance with, and performance of the terms and conditions of this Agreement, WebCEO shall pay to an Affiliate a commission in the amount of $81.00 for each product sold to a user that accesses our Site through a link on Affiliate's website. The amount is a subject to change by WebCEO at any time. WebCEO shall notify an Affiliate about any changes by email. Commission shall be based only on a new purchase made by a newly registered user.
The Company shall keep accurate and up-to-date records of the data used to determine the total amount of commissions gained by an Affiliate. An Affiliate shall be granted access to these records in the Affiliate account on our Site. Any discrepancy between the amount of commissions showed in the records and the actual amount of commissions paid to Affiliate for any period shall be rectified by WebCEO within 14 days after discovering such discrepancy.
The commissions are paid to an Affiliate from the 1st through the 14th day of every month that were earned in the month before the last due to the 30-day money back guarantee that we provide to our customers.
After the 1-month period, Affiliate commissions are credited to an Affiliate account. WebCEO shall pay all commissions accrued in the current month within the first 14 days of the month following the next month if the gained amount exceeds $100.00 (one hundred USD). All payments up to $10,000 (ten thousand USD) shall be made to Affiliate's PayPal account. A monthly commission that exceeds $10,000 (ten thousand USD) shall be paid by wire transfer.
If a refund occurs, WebCEO shall deduct the credited commission pertaining to the refunded amount from the Affiliate's earnings before the credited commission has been paid, even if the order amount is charged back by our payment processor after the 30-day period of our money-back guarantee.
In the event that an Affiliate materially breaches this Agreement and WebCEO terminates this Agreement within 30 (thirty) days of such breach, then any accrued and payable commissions owing to Affiliate shall be forfeited and WebCEO shall not be obligated to pay such commissions to Affiliate.
LIMITED LICENSE
We grant you a nonexclusive, revocable right to use WebCEO creatives such as any images and texts that we may provide to you solely for identifying your website as a Program participant and to assist in generating product sales through the Site. You may modify any of the above-mentioned creatives to provide a positive marketing effect on your visitors or newsletter subscribers. We reserve all our rights in all graphic images, texts, our trade names and trademarks,and all other intellectual property rights. You agree to follow our instructions respecting the use of our trademarks, and those instructions may change from time to time. We may revoke your license at any time by giving you a written notice.
AFFILIATE'S WARRANTIES
Affiliate represents and warrants the following:
- 1. Affiliate has the legal authority to enter into this Agreement and to be bound to the promises, covenants and other duties set forth in this Agreement.
- 2. Affiliate's website does not contain any materials that are:
- a) sexually explicit, obscene or pornographic;
- b) offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise);
- c) graphically violent, including any violent video game images; or
- d) solicitous of any unlawful behavior.
- 3. Affiliate has obtained any necessary clearances, licenses or other permissions for any intellectual property used on Affiliate's website. Nothing on Affiliate's website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor does Affiliate have any reason to believe that any person or entity will bring or threaten such a claim in the future.
- 4. Affiliate shall not make any claim to ownership of the promotional materials or of the copyright, trademark or other intellectual property therein.
- 5. Affiliate shall not use the Company name (or any name that is confusingly similar to the Company name) for any purpose on his website, in his promotional materials or in any other context except to promote the WebCEO website as specified in this Agreement. Affiliate shall not register any domain name that contains the Company name or that is confusingly similar to the Company name.
- 6. Affiliate shall not engage in the distribution of any unsolicited bulk emails (spam) in any way mentioning or referencing the Company or the Site.
INDEMNIFICATION
You shall indemnify, defend and hold us harmless against any and all claims, lawsuits, damages and expenses (including, without limitation, attorney fees) that we may or that anyone may assert as a result of (a) our use of any trademarks, logos, graphic images, texts or other materials that you may provide to us or allow us to use; or (b) anything occurring on your website or arising from the development, operation or maintenance of your website.
TERMS
This agreement shall begin upon our acceptance of your Affiliate application and shall end when terminated by either party. Termination may happen at any time, with or without cause, by giving the other party written notice of termination.
MODIFICATION
By posting changes to the agreement on the Site, we may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to, changes of the amount of commission fees, payment schedule, payment procedures and program rules. If any of the modifications are unacceptable to you, your only recourse is to terminate this Agreement. If you continue participating in the program following the posting of such changes, it shall be considered as your acceptance of the changes.
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 shall have no authority to make or accept any offers or representations on our behalf. You shall not make any statements, whether on your website or otherwise, that reasonably would contradict anything in this section.
TAXES
WebCEO shall not be responsible for any taxes owed by Affiliate arising out of Affiliate's relationship with the Company as set forth in this Agreement. WebCEO shall not withhold any taxes from the commissions paid to an Affiliate.
SPAM
WebCEO shall in no way participate in mass unsolicited e-mailing (spam) and all Affiliates shall be expected to adhere to this policy as well. Violation of this policy shall result in the termination of this Agreement and immediate dismissal from the WebCEO Affiliate Program with no refund.
CONFIDENTIALITY
Any information that Affiliate is exposed to by virtue of his relationship with the Company under this Agreement and that is not available to the public shall be considered confidential. Affiliate shall not disclose any Company confidential information to any person or entity, except where compelled by law, unless Affiliate obtains prior written consent for such disclosure from the Company.
WebCEO shall never share your Service reports and any other information related to your projects in the Service account with third parties or with other business units of WebCEO without your prior written consent, except for the purpose of performing the Company obligations under these Terms or if required by law, regulation, or court order. If so forced, we agree to give you as much notice as is reasonably practicable prior to disclosing such information. The privacy of the Service users is very important to WebCEO, therefore the use of the Service is also governed by our Privacy Policy.
DISCLAIMER
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 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NO INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE OR OUR COMMERCE SERVER WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
LIMITATION 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 TOTAL 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.
INDEPENDENT INVESTIGATION
By choosing 'I have read and agree to the Affiliate Agreement' when registering in the WebCEO Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee or statement not set forth in this Agreement.
MISCELLANEOUS
Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of England and Wales without regard to conflict of laws principles. Any action relating to these Terms must be brought in the state courts located in London, England and you irrevocably consent to the jurisdiction of those courts and waive any claim that those courts constitute an inappropriate venue or inconvenient forum.
The Terms constitute the entire agreement between you and WebCEO and govern your use of the program, superseding any prior agreements between you and WebCEO. If any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
By enrolling in the program, you agree to receive occasional emails from WebCEO. These emails shall include notices about your account and information concerning or related to the Program. These emails shall be a part of your relationship with WebCEO. You agree that any notice, agreements, disclosure or other communications that WebCEO sends to you electronically shall satisfy any legal communication requirements.
You may not assign this Agreement to anyone, and any assignment of these Terms by you will be null and void.
The section titles and numbering of these Terms are displayed for convenience and shall have no legal effect.
No Waiver. No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy; and will not be construed as a waiver of any subsequent breach or default under the same or any other provision of this Agreement.
Force Majeure. We shall not be liable for failing or delaying performance of our obligations resulting from any condition beyond our reasonable control, including but not limited to, use of third parties’ equipment or services, communications failure, governmental action, war, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
CONTACT INFORMATION
P: +0-800-404-8180 (UK toll-free)
P: +1-866-793-2236 (US toll-free)
P: +38-055-232-5371 (Int'l)
E-mail: affiliates at webceo.com
