Last updated: December, 2019
Please note that throughout this Agreement, "we," "us," and "our" refer to LinkedProspect.com, and "you," "your," and "yours" refer to the affiliate. These terms apply to you becoming an affiliate in the LinkedProspect affiliate program. By sharing your affiliate link you are agreeing that you have read, understood and are bound be these terms. This Agreement will continue unless terminated hereunder.
Limitations of Liability
We will not be liable to you with respect to any subject matter of this agreement in any way (including, without limitation: loss of revenue or goodwill or profits).
LinkedProspect.com makes all payments through PayPal. Affiliates will earn 25% of the monthly subscription of each customer we track as their referral for the life of that customer. Payments arranged within the first 30 days of each month, paid in USD through PayPal.
Do not share you affiliate link anywhere that:
- Promotes sexually explicit materials
- Promotes violence
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promotes illegal activities
- Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
- Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
- You will not knowingly be in direct competition with LinkedProspect and/or our brand.
Pay Per Click
We do not allow Pay-Per-Click campaigns on this affiliate program unless pre-approved by LinkedProspect in writing. This includes directing traffic to your own site prior to directing traffic to passionate-fang.flywheelstaging.com. We reserve the right to expel any violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behaviour. In such case any pending affiliate earnings may not be paid.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion, and without notification so we recommend you check back periodically. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in LinkedProspect.com's Affiliate Program following any change to this agreement will indicate your agreement to the changes.
Representations and Warranties
You represent and warrant that:
- This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
- You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
- You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
When you sign into LinkedProspect and click on the 'Affiliate' tab you will be taken to the affiliate area where you can access your affiliate link. By sharing/posting your unique affiliate link you become part of the LinkedProspect affiliate program and are bound by these terms.
We track when your affiliate link is clicked by saving a cookie (a small text file) on the users browser that is saved to 30 days. When a user registers we look for this cookie to attribute the referral to you. If that user then goes on to become a paying customer we know to assign the commission to you. If your affiliate cookie is not present on the users browser when they register the affiliate referral will not be attributed to you. For example: if a user you refer registers on a different device or browser than that where they initially clicked your affiliate link, or if they have clearer their cookies.
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, email or fax. LinkedProspect reserves the right to terminate this Agreement and your participation in the LinkedProspect.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the LinkedProspect.com Affiliate Program or breach these terms or should you abuse this program in any way. If such fraud or abuse is detected, LinkedProspect.com shall not be liable to you for any outstanding commissions.
You hereby agree to indemnify and hold harmless LinkedProspect.com, 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 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 (i) 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, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
Grant of Licenses
We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) 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 and 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 LinkedProspect.com's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of LinkedProspect.com and the good will associated therewith will inure to the sole benefit of LinkedProspect.com. 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.
You are free to promote your own web sites, but any promotion that mentions LinkedProspect.com could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by LinkedProspect.com. For example, 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. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote LinkedProspect.com so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote LinkedProspect.com so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from LinkedProspect.com. 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 LinkedProspect.com Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
Affiliate shall not (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search; (c) set commission tracking cookies through loading of passionate-fang.flywheelstaging.com site in IFrames, hidden links and automatic pop ups that open passionate-fang.flywheelstaging.com's site.
- LinkedProspect reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you. We have the right to monitor your affiliate activity at any time to determine if you are following the terms and conditions of this Agreement, to make sure that your links to our web site are appropriate and to notify you of any changes that we feel should be made.
- 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 LinkedProspect.com. 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
- 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.
- This Agreement shall be governed by and interpreted in accordance with the laws of the England, United Kingdom without regard to the conflicts of laws and principles thereof.
- You may not amend or waive any provision of this Agreement.
- 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.
- 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.
- We work on a last click attribution model that is de-duplicated against our Pay-Per-Click activities.
- We operate tracking prospects you refer on a 30 day cookie period.
- We do not share any of your data or affiliate data with any third party.
- We are compliant with data protection regulations and GDPR.
If you have any questions about these Terms, please contact us.
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