This Affiliate Program Operating Agreement (the "Agreement") is made and entered into, by and between, WWW.POWERUPAFFILIATE.COM Affiliates ("WWW.POWERUPAFFILIATE.COM affiliates" or "we"), and you ("you" being the "Affiliate") are the party submitting an application to become the WWW.POWERUPAFFILIATE.COM Affiliate’s partner. The terms and conditions contained in this Agreement apply to your participation with www.powerupaffiliate.com’s ("Affiliate Program"). Each Affiliate Program, or (“Offer”), may be for any offering by the WWW.POWERUPAFFILIATE.COM Affiliate, or third party, (which can be referred to as a "Client") and may link to a specific Web site for that particular Offer ("Program Web Site"). Furthermore, each Offer may have additional terms and conditions on pages within the Affiliate Program, and are incorporated as part of this Agreement. By submitting an application or participating in an Offer, you consent to the terms and conditions of the fol-lowing:
Enrollment in the Affiliate Network
To begin the enrollment process, you must submit a completed Affiliate Program Signup Form.
We will evaluate Your application in good faith and will notify You of Your acceptance or rejection in a time-ly manner. We may reject Your application if We determine (in Our sole discretion) that Your site is unsuita-ble for Our Affiliate Program for any reason, including, but not limited to, inclusion of content that is, in Our opinion, unlawful or otherwise does not meet our standard
Obligations of the Parties
Subject to our acceptance of you as an affiliate, and your continued compliance with the terms and conditions of this Agreement, WWW.POWERUPAFFILIATE.COM parties agree as follows:
We will make available to you, via the Affiliate Program, graphic and textual links to the Program Web Site and/or other creative materials, referred to as “links,” which you may display on Web sites owned, or controlled by you, and additionally, in emails sent by you and clearly identified as coming from you and online advertisements (collectively, "Me-dia"). The Links will serve to identify you as a member of our Affiliate Program, and will establish a connection from your Media to the Program Web Site.
We will pay the Affiliate for each Qualified CPA, or "Commission". A "Qualified CPA" means an individual person who (i) accesses the Program Web Site via the Link, when it hits the Program Web Site, (ii) is not a computer-generated user. Communication should be with an individual, living person, (iii) is not using pre-populated fields (iv) completes all of the information required for such action timely by WWW.POWERUPAFFILIATE.COM affiliates, and (v) is not later determined by WWW.POWERUPAFFILIATE.COM affiliates to be fraudulent, incomplete, unquali-fied or a duplicate. (vi) who maintains a qualified trading account under Terms and Con-ditions.
We will pay you any Commissions earned monthly. (large affiliates will be paid 2-4 times a month)
- Bank-wire payments in the amount that is less than $250 will be rolled over to the next month.
- We reserve the right to charge back to your account any previously paid “Commission” that is later determined to have not met the requirements to be a Qualified CPA, as fraud prevention. We reserve the right to ban your account if our partners determine that your traffic has a high fraud rate.
Payments for “Commission” will be processed before 15th of the following month for the previous month. Payment for “Commissions” are dependent upon the Clients providing such funds to WWW.POWERUPAFFILIATE.COM affiliates, and therefore, you agree that WWW.POWERUPAFFILIATE.COM affiliates shall only be liable to you for “Commission” to the extent that WWW.POWERUPAFFILIATE.COM affiliates have received such funds from the Clients. You hereby release WWW.POWERUPAFFILIATE.COM affiliates from any claim for “Commissions” if WWW.POWERUPAFFILIATE.COM affiliates have not received such funds from the Clients.
WWW.POWERUPAFFILIATE.COM affiliates shall automatically generate an invoice for all “Commissions” payable under this Agreement and shall remit payment to the Affili-ate based upon that invoice. All tracking of Links and determinations of Qualified CPA shall be made by WWW.POWERUPAFFILIATE.COM affiliates in its sole discretion. In the event that Affiliate disputes, in good faith, any portion of an invoice, they must submit that dispute to WWW.POWERUPAFFILIATE.COM affiliates in writing, and in sufficient detail, within two days of the invoice date. If the Affiliate does not dispute the invoice as set forth herein, then the Affiliate agrees that it irrevocably waives any claims based upon that invoice.
If Affiliate has an outstanding balance due to WWW.POWERUPAFFILIATE.COM affiliates under this Agreement or any other Agreement between the Affiliate and WWW.POWERUPAFFILIATE.COM affiliates, whether or not related to the Affiliate Program, the Affiliate agrees that WWW.POWERUPAFFILIATE.COM affiliates may offset any such amounts due to WWW.POWERUPAFFILIATE.COM affiliates rom amounts payable to the Affiliate under this Agreement.
Account activity & closure
- Affiliate Accounts can be closed if Affiliates use our logo or write reviews that redirect one to other services then ours.
Affiliate Also Agrees to:
Having sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.
Does not make any representations, warranties or other statements concerning WWW.POWERUPAFFILIATE.COM affiliate Client, or any of their respective prod-ucts or services, except as authorized.
Make sure that your Media does not copy or resemble the look and feel of the Program Web Site, or create the impression that your Media is endorsed by WWW.POWERUPAFFILIATE.COM affiliate Clients, or is a part of the Program Web Site, without prior written permission from us.
Comply with the terms, conditions, guidelines and policies of any third party services used by the Affiliate in connection with the Affiliate Program, including but not limited to, email providers, social networking services and ad networks.
Always prominently post and make available to end-users any terms and conditions in connection with the Offer set forth by WWW.POWERUPAFFILIATE.COM affiliate Client, or as required by applicable laws regarding such Offers.
The following additional program-specific terms shall apply to any promotional programs set forth below:
For all email campaigns, the Affiliate must download the "Suppression List" from the Of-fers section of WWW.POWERUPAFFILIATE.COM affiliates. The Affiliate shall filter its email list by removing any entries appearing on the Suppression List and will only send emails to the remaining addresses on its email list.
No Links can appear to be associated with or be positioned on chat rooms or bulletin boards unless otherwise agreed by WWW.POWERUPAFFILIATE.COM affiliates in writing. Any pop-ups, or “unders,” used for the Affiliate Program shall be clearly identified as the Affiliate served in the title bar of the window and any client-side ad-serving soft-ware used by the Affiliate shall only have been installed on an end-user's computer, if the function of the software is clearly disclosed to the end-users prior to installation. The installation is pursuant to an affirmatively accepted and plain-English end-user-license agreement, and the software be easily removed according to generally accepted methods.
We may disclose to you certain information as a result of your participation as part of the Affiliate Pro-gram, which information we consider to be confidential (“Confidential Information”). Confidential In-formation shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if the same is required by law or legal process.
This Agreement shall commence on the date of our approval of your Affiliate Program application, and shall continue thereafter, until terminated as provided herein. You may terminate your participation in the Affiliate Program at any time by removing all Links from your Media, deleting all copies of the Links. We may terminate your participation in one or more Offers or this Agreement at any time and for any reason, which we deem appropri-ate, with or without prior notice to you by disabling the Links or providing you with a writ-ten notice. Upon termination of your participation in one or more Offers, or this Agreement for any
reason, you will immediately cease all use of and delete all Links, plus all WWW.POWERUPAFFILIATE.COM affiliate Client intellectual property, and will cease representing yourself as a WWW.POWERUPAFFILIATE.COM affiliate Client. All rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination.
You are expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify infor-mation in connection with referrals through the Links or the generation of Commissions that exceed your permitted access to the Affiliate Program.
Representations and Warranties
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independent-ly evaluated the desirability of participating in the Affiliate Program and each Offer and are not relying on any repre-sentation, guarantee or statement other than as set forth in this Agreement or on the Affiliate Program.
In addition to any notice permitted to be given under this Agreement, we may modify any of the terms and conditions of this Agreement, at any time, by providing you with a notifi-cation by email. The changes will become effective 10 business days after such notice. If the modifications are unacceptable to you, you may terminate this Agreement without penalty solely on the account of such termination within five business day period. Your continued participation in this Affiliate Program 10 business days after a change notice has been posted will constitute your acceptance of such a change. In addition, WWW.POWERUPAFFILIATE.COM Affiliates may change, suspend or discontinue any aspect of an Offer or Link or remove, alter, or modify any tags, text, graphic or banner ad in connection with a Link.
Governing Law & Miscellaneous
Governing Law will be dictated by the Danish Court System.
By submitting an application to the Affiliate Program, you affirm and acknowledge that you have read this Agreement in its entirety and agree to be bound by all of its terms and conditions. If an individual is accessing this Agreement on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to this Agreement. This Agreement was last revised on 06.06.2016
www.powerupaffiliate.com DOES NOT tolerate spam of any kind.
Please take note of the following : If any person(s) is revealed to have taken part in the dissemination of any form of Spam (sending unrequested bulk messages that are not in compliance with ICANN Spam Act) their account will be placed under investigation. While under examination all commission due to such person(s) will be withheld. Pending the outcome of further investigation www.powerupaffiliate.com maintains the right to preclude such person(s) from further involvement in The Casino Affiliate Program. In addition, if any expenses incurred by our clientele are shown to be clearly resultant from the encroachment of this policy (including legal fees) they will be withdrawn from any attributable account balance at the time of the offence. If the account balance is found to be defi-cient, all pending payments will be withheld until the expenses have been fully compensated. Should you require more information regarding our Anti-Spam Policy, or wish to report any incidences of Spam, please contact us.
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