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ImEPIK Affiliate and Referral Program Terms of Service Agreement
By signing up for the ImEPIK Affiliate or Referral Program ("Programs") you agree to be bound by the following terms and conditions ("Terms of Service") in addition to the terms of this
Non-Disclosure Agreement.
ImEPIK reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and forfeiture of any outstanding affiliate commission payments earned. You agree to use the Affiliate and Referral Programs at your own risk.
Account Terms
- You must be 18 years or older to be part of these Programs.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your full legal name, a valid email address, and any other information requested to complete the signup process.
- If you are an Affiliate, your login may only be used by one person - a single login shared by multiple people is not permitted. One person or legal entity may not maintain more than one account.
- You are responsible for maintaining the security of your Affiliate account and password. ImEPIK cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs related to the Affiliate or Referral Programs.
- You may not use the Affiliate or Referral Programs for any illegal or unauthorized purpose. In the use of the Service, you must not violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use the Affiliate or Referral Programs to earn money on your ImEPIK product accounts.
Links/graphics on your site, in your emails, or in other communications
Once you have signed up for the Affiliate or Referral Programs, you will be assigned a unique Affiliate/Referral Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate/Referral Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to link to
ImEPIK. We may change the design of the artwork at any time without notice, but we won't change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the
ImEPIK site. You must ensure that each of the links between your site and
ImEPIK's site properly utilizes such special link formats. Links to the
ImEPIK site placed on your website pursuant to this Agreement and which properly use such special link formats are referred to as "Special Links." You will earn fees fees only for sales on an
ImEPIK product occurring directly through Special Links. We will not be liable for any failure by you or someone else to incorrectly use the Special Links or Affiliate/Referral codes, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant under this Agreement.
Affiliate and Referral Program links should point to the page of the product being promoted.
Referral fees/commissions and payment
For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to
https://imepik.com and complete an order for a product during that session.
We will only pay commissions on links that are tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered an Affiliate/Referral Code if our system did not track it. We can only pay commissions on business generated through properly formatted special links tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payments only begin once you've earned more than
$50 in income. If your account never crosses the
$50 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the
$50 threshold.
Identifying yourself as an ImEPIK Affiliate or Referral Partner
You may not issue any press release concerning this Agreement or your participation in these Programs; such action may result in your termination from the Programs. In addition, you may not in any manner misrepresent or embellish the relationship between you and us, say you develop our products, say you are part of
ImEPIK, or express or imply any association or affiliation between you and us or any other person or entity except as expressly permitted by this Agreement.
You may not purchase products through your affiliate or referral links for your use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
Payment schedule
As long as your current earnings are over
$50, you'll be paid each month. If you haven't earned
$50 since your last payment, we'll pay you the following month after you've crossed the threshold.
Customer definition
Customers who buy products through these Programs will be deemed to be
ImEPIK's customers. Accordingly, all of our rules, policies and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under these Programs according to our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect the products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
Your responsibilities
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your website. For example, you will be solely responsible for:
- The technical operation of your site and all related equipment.
- Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site).
- The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links).
- Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights).
- Ensuring that materials posted on your site are not libelous or otherwise illegal.
- Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.
Compliance with Laws
As a condition to your participation in these Programs, you agree that while you are a participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in these Programs you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Programs
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination via email. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to
https://imepik.com, and all of our trademarks, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.
ImEPIK reserves the right to end the Program at any time. Upon program termination,
ImEPIK will pay any outstanding earnings accrued.
Termination
ImEPIK, in its sole discretion, has the right to suspend or terminate this relationship and refuse any and all current or future use of the Programs, or any other
ImEPIK service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
ImEPIK reserves the right to refuse service to anyone for any reason at any time.
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 will have no authority to make or accept any offers or representations on our behalf. Whether on your site or otherwise, you will not make any statement that reasonably would contradict anything in this Section.
Limitations 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 these Programs, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and these Programs will not exceed the total referral fees paid or payable to you under this Agreement.
Disclaimers
We make no express or implied warranties or representations regarding these Programs or products sold through the Programs (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 the
ImEPIK will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Independent Investigation
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 WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAMS AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Arbitration
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Miscellaneous
This Agreement will be governed by the laws of the United States, without reference to rules governing choice of laws. 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 be 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.
The failure of
ImEPIK to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and
ImEPIK and govern your use of the Service, superseding any prior agreements between you and
ImEPIK (including, but not limited to, any prior versions of the Terms of Service).
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