Affiliate terms and conditions
v1.0 (Last updated June 16, 2023)
Private & Confidential
e.pop Affiliate Program Agreement
These Affiliate Program Terms and Conditions (“Agreement”) constitute a legal agreement between ePOP AI Inc. (“Company”) and you (“Affiliate”). By participating in the Company’s affiliate program (“Program”), you agree to abide by the terms and conditions outlined in this Agreement.
1. ENROLLMENT AND PARTICIPATION
1.1. To participate in the Program, the Affiliate must complete the online application available on the Company’s website and receive approval from the Company.
1.2. To qualify to participate in the Program, the Affiliate must have (a) a primary place of business or residence in the United States, (b) have a PayPal account (c) not be an Ineligible Participant. The Company’s employees or immediate family members are unable to participate in the Program.
1.3. The Company reserves the right to accept or reject any affiliate application at its sole discretion. Approval may be withheld for any reason, including but not limited to inappropriate content or illegal activities on the Affiliate’s website or social media channels.
1.4. Upon acceptance, the Affiliate will receive unique affiliate links or promotional codes to track referrals and sales.
1.5. The Program Guide is available at www.epoppay.com/affiliate-program-guide/ and is expressly incorporated into this Agreement. The Company may amend the Program Guide and update terms relating to Program details. The terms of the Program Guide will take effect from the date that the Company notifies the Affiliate of the availability of the Program Guide and will be incorporated into this Agreement. The Affiliate will participate in the Program in accordance with the terms of the Program Guide. To the extent of any conflict between any Program Guide and the remainder of this Agreement, the Program Guide will prevail.
2. PROMOTIONAL ACTIVITIES
2.1. The Affiliate agrees to promote the Company’s products or services using the approved affiliate links or promotional codes provided by the Company.
2.2. The Affiliate may use banners, text links, social media posts, blog posts, or other approved marketing materials for promotional activities.
2.3. The Affiliate agrees to promote the Company’s products in a legal, ethical, and professional manner, refraining from engaging in deceptive, misleading, or spammy marketing practices.
2.4. The Affiliate will not send, post, transmit or otherwise use the Company’s name or any company-provided content or services, including the unique affiliate links or promotional codes, in connection with anything (including any material or sites) that: (a) generates or facilitates unsolicited bulk commercial emails; (b) violates or encourages the violation of the legal rights of others; (c) is unlawful, invasive, infringing, defamatory or fraudulent; or (d) contains obscene or pornographic content. In addition, the Affiliate will not, and will not knowingly, allow any third party to: (x) “frame”, minimise, remove or otherwise inhibit the full and complete display of any Company web page; (y) cause any hyperlink to a web page on the Company website to create a new browser window; or (z) otherwise display Company web pages or Brand Features in a distorted fashion.
3. MODIFICATION OF TERMS
3.1. Modification of Terms. The Company may, at any time and at its sole discretion, change the following by written notice (email notice permitted) to the Affiliate: (a) the terms of the Program, this Agreement or any Program Guide; (b) the amount of or method of calculating Referral Fees; (c) the requirements for Eligible Referrals or Valid Transactions; or (d) the Customised URL, Incentives and/or Incentive Terms. If the Company notifies the Affiliate of an updated Customised URL, updated Incentives and/or updated Incentive Terms, the Affiliate agrees that it will begin using, and will be subject to, such updated URL, Incentives or Terms no later than 30 days after being notified of them. If the Company notifies the Affiliate of a change in the amount of or method of calculating the Referral Fees, or of any changed requirements for Eligible Referrals or Valid Transactions (including by introduction of, or change to, any Program Guide), such changes will only apply in relation to Eligible Referrals submitted and Valid Transactions completed after the notice date (and any Referral Fees related to such referrals and transactions).
4. COMMISSIONS AND PAYMENTS
4.1 The Company will pay the Affiliate a one-off commission for each valid referral or sale generated through the Affiliate’s unique affiliate links or promotional codes (with a maximum of 45 valid referrals per calendar month).
4.2. The commission rate, payment schedule, and payment method will be specified in the Program Guide. The Program Guide is available at www.epoppay.com/affiliate-program-guide/
4.3. Commissions will be paid only for confirmed sales as outlined in the Affiliate Program Guide, and the Company reserves the right to reverse commissions for returned products, chargebacks, or fraudulent transactions.
4.4. No commission will be payable in relation to any referrals that do not qualify as “Eligible Referrals” or any transactions that do not qualify as “Valid Transactions” completed within the Term.
4.5. The Company is not responsible for any fees associated with currency conversion or international wire transfers. The Affiliate is solely responsible for providing accurate payment details to receive commissions.
5. COMPLIANCE AND CONDUCT
5.1. The Affiliate agrees to comply with all applicable laws, regulations, and guidelines, including but not limited to those related to advertising, marketing, privacy, and intellectual property.
5.2. The Affiliate shall not engage in any activities that may harm the reputation or interests of the Company.
5.3. The Affiliate shall not promote the Company’s products on websites, social media platforms, or any other channels that contain illegal, offensive, or inappropriate content.
5.4. The Affiliate will not: (a) engage in any deceptive trade practices or make any unauthorised, false, misleading or illegal statements in connection with this Agreement or regarding the Company or Program; or (b) purport to give any representation or warranty binding on the Company in relation to any goods or services provided by the Company. The Affiliate shall have no authority, and shall not hold itself out, or permit any person to hold itself out, as being authorised to bind the Company in any way, and shall not carry out any act which might reasonably create the impression that the Affiliate is so authorised.
5.5. The Affiliate will comply with all applicable commercial and public anti-bribery laws (“Anti-bribery Laws”), including the US Foreign Corrupt Practices Act of 1977 and the UK Bribery Act of 2010, which prohibit corrupt offers of anything of value, either directly or indirectly, to anyone, including government officials, to obtain or keep business or to secure any other improper commercial advantage. “Government officials” include any government employee; candidate for public office and employee of government-owned or government-controlled companies, public international organizations and political parties. Furthermore, the Affiliate will not make any facilitation payments, which are payments to induce officials to perform routine functions that they are otherwise obliged to perform. If the Affiliate becomes aware of suspicious, illegal or fraudulent activity occurring in relation to this Agreement, the Affiliate will report the suspicious or fraudulent activity to Google within two (2) working days via firstname.lastname@example.org.
5.6. The Affiliate will not send, post, transmit or otherwise use the Company’s name or any Company-provided content or services, including the Customized URL and the Services, in connection with anything (including any material or sites) that: (a) generates or facilitates unsolicited bulk commercial emails; (b) violates or encourages the violation of the legal rights of others; (c) is unlawful, invasive, infringing, defamatory or fraudulent; or (d) contains obscene or pornographic content. In addition, the Affiliate will not, and will not knowingly, allow any third party to: (x) “frame”, minimise, remove or otherwise inhibit the full and complete display of any Company web page; (y) cause any hyperlink to a web page on the Company website to create a new browser window; or (z) otherwise display Company web pages or brand features in a distorted fashion.
6. INTELLECTUAL PROPERTY
6.1. The Company grants the Affiliate a non-exclusive, limited, revocable, and non-transferable right to use the Company’s trademarks, logos, and promotional materials solely for the purpose of promoting the Company’s products in accordance with this Agreement.
6.2. The Affiliate shall not modify, alter, or misuse the Company’s intellectual property or attempt to register or claim ownership of any trademarks, logos, or promotional materials of the Company.
7.1. Either party may terminate this Agreement at any time, with or without cause, by providing written notice to the other party. Affiliates may direct email communication to email@example.com
7.2. Upon termination, the Affiliate must immediately cease all promotional activities and remove any affiliate links, promotional codes, or Company’s trademarks from their website or marketing materials.
8. LIMITATION OF LIABILITY
8.1. The Company will not be liable for any indirect, special, consequential, or incidental damages arising out of or relating to this Agreement, even if advised of the possibility of such damages.
8.2. The Company’s total liability for any claim arising under this Agreement shall not exceed the total commissions paid or payable to the Affiliate during the preceding three (3) months.
9.1. The Company reserves the right to modify or update these terms and conditions at any time. Notice of any changes will be communicated to the Affiliate via email.
9.2. If the Affiliate continues to participate in the Program after the effective date of the changes, it will be considered as acceptance of the modified terms and conditions.
10. GOVERNING LAW AND JURISDICTION
10.1. This Agreement shall be governed by and construed in accordance with the laws of New York State.
10.2. Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in New York state.
By participating in the Program, the Affiliate acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Agreement.