Affiliate Program Terms and Conditions
Last updated at: 2023-05-13
THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “YOURS”), AND ELITE CARD Inc., A CORPORATION BASED IN BRITISH COLUMBIA, CANADA (“WEBSITE” “WEBOATING”, “WE”, “US”, OR “OUR”). BY SIGNING UP FOR BROWSE AI AFFILIATE PROGRAM, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE AFFILIATE TERMS AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION HEREIN.
These Affiliate Terms contain the complete terms and conditions that apply to You when becoming an affiliate in WEBOATING affiliate program (the “Affiliate Program”). The purpose of these Affiliate Terms is to allow You to make affiliate commissions through sales generated from Your community to Our Services in the manner set forth herein.
2. Enrollment in the Affiliate Program
(a) Application Completion. If You have not already done so, You need to sign up for the affiliate program. The Application can be found at https://weboating.com/.
(b) You will ensure that your information, including your email address, is at all times complete, accurate, and up-to-date. We may send communications to the email address associated with your account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.
3. Affiliate Responsibilities
As a member of Our Affiliate Program, You understand and agree that:
(b) You will not promote WEBOATING through paid advertising or media buying that leads directly to the WEBOATING website (found at weboating.com): This means you cannot use your direct referral link to run ads on but not limited to Google Ads, Facebook Ads, Bing Ads & Linkedin Ads. WEBOATING reserves the right to suspend or terminate this agreement and withhold funds in your account if You promote WEBOATING using Paid Advertisement Platforms as listed above.
(c) You will not use Our company name or variations of Our company name in your Domain Names or Social Media pages: You may not register or purchase domain names that include Our company’s name or any misspellings or variations of Our company name to run promotions as an affiliate. Additionally, you may not include Our Company name, variations of Our company name, or the look and feel of Our own social media pages on any social media pages (i.e., Facebook Fan Page) where You run promotions as an affiliate.
(d) You will be Responsible for Your Website’s Content: You may not promote Our content on a website that contains any form of misleading, defamatory, obscene, illegal, bigoted, pornographic or any other content deemed offensive by Us.
(e) You will not promote using cookie-stuffing: You may not use cookie-stuffing techniques or click-generators that set the tracking cookie without the user actually clicking on the Referral Link. You will not artificially generate clicks or impressions on your site or create visits on the WEBOATING site, whether by way of a robot or software program or otherwise.
(f) You will not mimic Our media and content: Affiliates must make sure that their media does not copy or resemble the look and feel of the WEBOATING website or create the impression that Your media is part of Our company’s website. You also understand that using the language found on Our pages verbatim is not allowed unless it is to describe the content found on any given course landing page.
(g) You will not use spyware, malware, virus, and the like: You may not include on your site, display, or otherwise use Referral Links or other Content that uses any spyware, malware, or virus, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic devices.
(h) You will be open and honest about Your relationship with Us: You may not misrepresent or embellish the relationship between you and WEBOATING or imply any relationship or affiliation between you and WEBOATING or any other person or entity except as expressly permitted by this affiliate Agreement. You may not represent yourself as an agent or employee of WEBOATING or represent that you have the authority to bind WEBOATING to a contract.
These Affiliate Terms will begin and become effective upon Our acceptance of Your Application.
5. Affiliate Commissions
(a) Eligibility: Except in jurisdictions in which such a transaction is not permitted, You are eligible to earn affiliate commissions through Referrals (as defined in section (b) below) during the term of these Affiliate Terms, according to the calculation described below.
(b) Payment of affiliate commissions will be made on a monthly basis: Payments are disbursed via Wise.com by default. If Your account is terminated due to a violation of these Affiliate Terms, We reserve the right to withhold all future payments owed to You.
(c) Change of Payment Method: WEBOATING offers payment through Wise.com by default. But if You prefer Paypal.com, you must inform WEBOATING via email@example.com to notify Us to make the change on our internal systems.
(d) When a referral uses your affiliated link and subscribe to any of WEBOATING’s plans, you will receive 20% of every transaction while the referral is paying for WEBOATING services. This applies when the referral decides to upgrade their plan to a higher plan as well. When a user, for any reason, stops paying for WEBOATING services, WEBOATING will stop paying commissions to You.
(e) Affiliates are responsible for any and all charges, fees, taxes, exchange rates, surcharges, and other expenses incurred in order to receive affiliate payments. Please check with your receiving banking institution to find out if any of these apply to your account.
(f) If We determine that payment of affiliate commissions to You in any jurisdiction is illegal under any laws, then We may reserve the right to not pay affiliate commissions for any sales made in that jurisdiction.
(g) You will not earn commissions for free signups: WEBOATING offers a free plan as well as paid plans. WEBOATING will not pay any commissions for free signups on Our website unless the referred user decides to “upgrade & subscribe” to WEBOATING and make a financial transaction.
(h) Self-referral is prohibited: If you use your referral link to signup and subscribe to a plan on WEBOATING, you would not receive a commission for that transaction or any upcoming transactions related to that account.
(a) You hereby grant Us a non-exclusive, non-transferable, revocable right to use Your names, titles, and logos in the advertising, marketing, promoting, and publicizing in any manner of Our rights under these Affiliate Terms. However, We are under no obligation to advertise, market, promote, or publicize.
(b) We both agree not to use the other’s proprietary materials in any manner that is disparaging or that otherwise portrays the other in a negative light. We each reserve all of our respective rights in the proprietary materials covered by this license. Either one of us may revoke this license at any time by giving the other written notice ending our engagement under these Affiliate Terms and Your Affiliate status. Other than the license granted in these Affiliate Terms, we each retain all rights, titles, and interests to our respective rights, and no right, title, or interest is transferred to the other.
WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING WEBOATING. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
8. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THESE AFFILIATE TERMS 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 YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE AFFILIATE TERMS, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE AFFILIATE TERMS, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL FEES PAID TO YOU UNDER THESE AFFILIATE TERMS.
You agree to indemnify and hold harmless WEBOATING and its employees, representatives, agents, and affiliates against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from Your breach of these Affiliate Terms. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by Us in connection with or arising from any such claim, suit, action, or proceeding.
WEBOATING or You can Each End Our Engagement Under these Affiliate Terms: Either Us or You may end these Affiliate Terms AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of an email.
From time to time, We may update these Terms to clarify Our practices or to reflect new or different practices; for example, We may change the scope of Referral Fees, payment procedures, and Affiliate Program rules, or Referral Specifications or Referral Materials, and WEBOATING reserves the right in its sole discretion to modify and/or make changes to these Affiliate Terms at any time, at Our sole discretion. If We make any material change to these Affiliate Terms, You will automatically receive an email notifying You that changes were made. Modifications will become effective on the day they are posted unless stated otherwise. If any modification is unacceptable to You, Your only option is to end Your participation in the Affiliates Program by not promoting WEBOATING and close your Affiliate Account by contacting firstname.lastname@example.org.
(a) You represent and warrant to Us that:
(i) These Affiliate Terms constitute Your legal, valid, and binding obligation, enforceable against You in accordance with the terms and conditions set forth herein;
(ii) You have the full right, power, and authority to accept and be bound by these Affiliate Terms and to perform Your obligations under these Affiliate Terms, without the approval or consent of any other party;
(iii) You have sufficient right, title, and interest in and to the rights granted to Us in these Affiliate Terms;
Rank 1: Commission rate of 10%
No requirements to achieve this rank
Rank 2: Commission rate of 12%
Minimum of 10 affiliated members
Total sales amount of $10,000 or more
Rank 3: Commission rate of 15%
Minimum of 25 affiliated members
Total sales amount of $25,000 or more
Rank 4: Commission rate of 18%
Minimum of 50 affiliated members
Total sales amount of $50,000 or more
Rank 5: Commission rate of 20%
Minimum of 100 affiliated members
Total sales amount of $100,000 or more