We value the affiliate partners that work alongside us.
It is essential that our affiliate partners operate to the highest standards.
This is our standard Affiliate Partner Service Agreement
This Affiliate Partner Service Agreement (the "Agreement") is made by and between SnapEngage, LLC., a Colorado, USA corporation ("SnapEngage"), and you, as an Affiliate Partner utilizing the SnapEngage service ("Affiliate Partner"). You must agree to abide by the terms and conditions contained in this Agreement in order to participate.
Please read this Agreement carefully before registering and using the Service as an Affiliate. By signing up for SnapEngage.com Affiliate Partner Program, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the SnapEngage.com Service as an Affiliate.
The following agreement is summarized as follows:
- Affiliate Partner places our partner link on your site as you see fit, or within non-spam emails.
- SnapEngage may email Affiliate Partner concerning new merchant programsAffiliate Partner will be paid a commissions, as defined in SnapEngage affiliate partner program description page at http://www.SnapEngage.com/partner/program.
- All statistics are collected and calculated by SnapEngage, and will be the only valid statistics used for determining commissions.
- As an affiliate, Affiliate Partner can only have 1 account. Self-referrals for partner accounts are strictly prohibited.
- Affiliate Partner cannot SPAM. SnapEngage will terminate Affiliate Partner account on the first offense of SPAMMING. Affiliate Partner cannot send email to lists or groups that Affiliate Partner do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense.
- Affiliate Partner may place banners or links within newsletters, in content of website, or within other web related content.
- NOT ALLOWED: All other uses of banners or links, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc. are NOT allowed.
- Failure to abide by these Agreement could mean termination from SnapEngage affiliate partner program with a complete forfeit of Affiliate Partner commissions.
- Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-through using robots, frames, iframes, scripts, or manually "refreshing" of pages, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN THIS AGREEMENT TERMINATION AND VOIDED COMMISSIONS.
- Affiliate Partner cannot refer himself as a SnapEngage.com customer and receive commission. Sorry.
- By participating in SnapEngage affiliate partner program, Affiliate Partner act as independent agent and is in no way to be considered employee of SnapEngage. All income from commissions paid to Affiliate Partner by SnapEngage should be considered as personal income for tax purposes. SnapEngage does not withhold any taxes for the purpose of personal income tax reporting.
- Affiliate Partner and SnapEngage are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment 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 Section.
- SnapEngage.com will pay a commission as specified on the SnapEngage Partner page from any purchase identified as being made by a person referred via a partner link. The sale must be made within 30 days of referral for a commission to be due and if the registering users still have the cookie on their computer.
- If a single user is referred by more than one partner, only the most current referral will be recognized.
- A referral commission will not be paid on orders that are fraudulent, result in a Chargeback or a customer refund.
- SnapEngage reserves the right to decline a referral account application, without reason or cause.
- This Agreement may be terminated by either party at any time. Upon termination all outstanding accounts up to and including the termination date, will be settled and paid within 30 days at the end of the next accounting period.
- Affiliate partner is NOT to create identical copies of the SnapEngage website.
- Affiliate partner is NOT to use iframes that frames a SnapEngage website.
- Affiliate partner is NOT to engage in search engine spam as specified by the current Google and Yahoo guidelines, in any promotions of SnapEngage products.
- Affiliate partner is NOT to submit its SnapEngage affiliate partner links to Search Engines for indexing.
- Affiliate partner is given a non-exclusive permission to use SnapEngage logos and trademarks on their websites for the purpose of promoting SnapEngage products. NOTE that Affiliate Partner is NOT allowed to register domain names that include SnapEngage trademarks.
- Affiliate partner is given a non-exclusive permission to run Pay Per Click campaigns, such as Google AdWords, targeting SnapEngage related keywords, including any Trademarked SnapEngage terms as long as the landing page includes a prominent link to the applicable SnapEngage product and the page copy is positively promoting the SnapEngage Product.
- SnapEngage may modify any of the terms and conditions contained in this Agreement, at any time and at our discretion. Notice of any change by e-mail to your address on our records, or the posting on our site of a change notice or a new agreement, is considered sufficient notice for notifying you of a modification to the terms and condition of this Agreement. Modifications may include, but are not limited to, changes in the scope of available referral fees, referral fee schedules, payment procedures, and program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement in writing. Your continued participation in the program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
- The SnapEngage affiliate partner program is designed for referring customers and generating leads for SnapEngage. It is not intended for partners themselves to obtain discounts on SnapEngage subscription.
- We will not be liable for indirect, incidental, special, or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits, or loss of 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.
- We make no express or implied warranties or representations with respect to the Web Partners Program or any product sold through the Web Partners 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 our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
- 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.
- This Agreement will be governed by the laws of the United States of America and the state of Colorado, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or provincial courts and you irrevocably consent to the jurisdiction of such courts. 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 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.
- THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SNAPENGAGE, LLC BY CLICKING ON THE "SUBMIT” BUTTON AT THE END OF THE PARTNERS APPLICATION FORM, YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF.
If you would like to become a SnapEngage Affiliate Partner, please complete and submit the Partners Application form.
Dated December 29, 2009