AI Affiliates 18 Pty Ltd
Program Terms
AFFILIATE AGREEMENT
THIS AGREEMENT (the “Agreement”) provides the terms and conditions of the relationship between AI Affiliates Pty Ltd, a proprietary limited South African Company (the “Company,” “we,” “us,” or “our”) and affiliate (“Affiliate,” “you” or “your”) in order to participate in the 4C Predictions Affiliate Program (“Program”) to refer traffic to the Company's website(s).
WHEREAS, the Company is the affiliate recruitment and compliance company for the affiliate marketing program for the products advertised on the Internet site with the URL of 4CPredictions.ai; in addition, the company, may going forward, develop other sites (the “Sites”);
WHEREAS, the Company has created a Program that enables affiliates to refer internet traffic to one or more of the Sites from online traffic generated by affiliates in exchange for agreed consideration;
WHEREAS, you are either an affiliate or an affiliate network that is accountable for upholding the terms and conditions of this Agreement;
WHEREAS, if you are an affiliate network, you are accountable for all affiliates in your network to uphold the terms and conditions of this Agreement; and
WHEREAS, you desire to participate in the Program.
THEREFORE, in consideration of the mutual promises herein, the Parties agree as follows:
1 DEFINITIONS.
Capitalized terms used and not otherwise defined in this Agreement shall have the following meanings:
(a) “Order” means a completed transaction where Company receives payment for product, such as a valid credit card authorization, from a Site visitor for the initial enrollment of our Program.
(b) “Marketing Methods” means the media and content used by you to generate Orders online, including but not limited to banners, Emails, blogs, SMS and push content, web site listings, and video.
(c) “Customer” means any person or party who places Orders on the Sites after connecting to any of the Sites from the Marketing Methods.
(d) “Links” means the banner, buttons, coding or other way a User is referred by Marketing Methods to the Sites for the purpose of promoting the sale of goods or services on the Site. The Links are prepared to track Users who are directed from the Marketing Methods to the Sites to place Orders.
(e) “Click” means when a User clicks on to one of our Sites from your Links.
(f) “Actions” means either Orders or Clicks or both Clicks and Orders combined
(g) “Company Creatives” means banners, Emails, blogs, SMS and Push content, video, and other marketing material that Company may supply you for promoting Sites and generating Actions.
(h) “CAP” means the weekly number of Actions that you may generate on our Sites. We have the option of not paying commissions on Actions that exceed you CAPs by over 10%.
(i) “Cashback” means an affiliate offered its Users a cash reward for placing an Order.
(j) “Affiliate Fraud” means is a deceptive practice where an affiliate manipulates the system to earn commissions illegitimately, ultimately leading to unprofitable outcomes for the advertiser. This type of fraud can take various forms, including but not limited to:
- **Self-Signup Fraud**: The affiliate signs up for the service themselves to earn a commission, only to cancel the order later, resulting in no genuine Customer acquisition.
- **Cashback Fraud**: The affiliate offers cash incentives to Users for placing orders, which are part of the commission paid by the advertiser. These Users may then cancel their orders, leading to no real profit for the advertiser.
- **False Guarantees**: The affiliate falsely guarantees that the advertiser's models are 100% accurate and that Users will become wealthy, misleading potential Customers and damaging the advertiser's reputation.
In summary, affiliate fraud encompasses these examples and more, where affiliates engage in dishonest practices to earn commissions without generating genuine value for the advertiser. It is crucial for Affiliate to implement measures to detect and prevent such fraudulent activities, ensuring that commissions are only paid for legitimate and legal transactions that contribute to the business’ profitability.
(k) Users” means (1) Customers and (2) people being marketed by Affiliate to purchase product in the 4C Prediction Program using Marketing Methods.
2 CONTENT.
You have sole and exclusive responsibility and liability for the development, operation, maintenance of all materials and content that appear on the Marketing Materials; except you are not liable for the content provided in Company Creatives. Your Marketing Methods shall operate and be maintained in accordance with all applicable laws, rules and regulations, such as, but not limited to, the Can Spam Act and Telephone Consumer Protection Act (TCPA) violations. Furthermore, you shall obtain approval from us for all Marketing Materials created by you.
3 COMPENSATION FOR YOUR REFERRED TRAFFIC.
You will receive a commission for each Order or Click as specified in the ShareASale order platform.
The Fee will be offset with respect to each Order for which there is a chargeback generated by an issuing bank regarding a merchant account dispute issued against the Company for any payment previously credited to the Company. The Fee will also be offset by transaction obtained through Affiliate Fraud. The Fee will also be offset by refunds to Customers issued by Company. The fee will also be offset by $45 per payment if payment is made by bank wire; and 5% of the commission if payment is made by PayPal. The fee will not be offset for United States domestic ACH payments.
In the event we discover an action you have taken may reasonably result in a future liability for us such as a fraudulent transaction you conducted or your marketing methods are not compliant with applicable government laws, rules, and regulations, then we have the option to withhold all commissions you earned, but we have not yet paid. We have the option to withhold such commissions until we have had reasonable time to assess our liability. In the event we reasonably determine that we have liability, we have the option to withhold a reasonable amount of your commission to compensate for the potential or real liability prior to releasing the balance. Subsequently, once the threat of liability no longer exists for us, we will release the balance of your commissions.
We have the option to change the amount you will be paid for Actions; and such change will be effective 24 hours after notification.
We have the option to change CAP at any time at our discretion; and such a change will be effective immediately after notification.
Commissions will be paid 15 days from the end of the calendar month for accepted Actions.
There is also a limit of one commission per unique individual. If someone clicks the link on your site and orders multiple accounts, then you will receive a commission on the first order only.
4 FULFILLMENT AND CUSTOMER INFORMATION.
All information pertaining to Actions and the respective Customers is the sole and exclusive property of the Company.
5 LIMITED LICENSE RIGHTS.
Pursuant to this Agreement, the Company grants you a limited, non-exclusive, non-transferable and revocable license to display the Links and Company Creatives by using Marketing Methods subject to the terms and conditions of this Agreement.
6 LIABILITY.
We will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by us. We make no claim that the operation of the Program and/or our website(s) will be error-free, and we will not be liable for any interruptions or errors.
7. INDEMNIFICATION.
Affiliate shall indemnify and hold us and our subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by us to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, non-compliance with government regulations, intentional misconduct of Affiliate, or any violation of laws or regulations governing your activities, including but not limited to advertising, gaming, consumer protection, or privacy laws. Further, affiliate shall indemnify against any losses we incur for the suspension or banning of our advertising on online platforms from your actions.
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9 REPRESENTATIONS AND WARRANTIES.
You represent and warrant that:
(a) You are legally capable and authorized to enter into this Agreement; and, if you represent an entity, all actions necessary to authorize you to enter into this Agreement have been taken.
(b) Your Marketing Methods shall not:
(i) contain any information which you know or reasonably should know is false;
(ii) contain or transmit any apps or programs that are or can be installed or downloaded to a Customer’s computer or other device without the Customer’s express and knowing consent as to the exact nature, purpose and function of such apps or programs;
(iii) use the Company's name or intellectual property in any form of unsolicited communication, including unsolicited email (spam); or
(iv) make any guarantees or promises regarding the accuracy of predictions or assured wins. Sports outcomes are inherently unpredictable, and we do not guarantee specific results.
10 EMAIL AND SMS COMPLIANCE
Your Email and SMS text marketing must:
(a) be directed to 100% opt-in Users;
(b) be in compliance with the Can-Spam Act and Telephone Consumer Protection Act and all other government regulations;
(c) contain the Email unsubscribe link supplied by us;
(d) have a weekly scrub of your lists against our master opt-out list; henceforth, following the scrub, you shall no longer market our product to those records that were scrubbed(We will provide you scrub details in our welcome letter.); and
(e) Have “(ADV)” at the beginning of each Email subject heading.
11 LIMITATIONS OF LIABILITY.
IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES INCLUDING BUT NOT LIMITED TO THE LOSS OF PROFITS OR BUSINESS OPPORTUNITY, EVEN IF WE HAD BEEN ADVISED OF SUCH POSSIBILITY.
IN NO EVENT SHALL THE LIABILITY OF THE COMPANY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE FEES PAID TO YOU BY THE COMPANY. THIS LIMITATION APPLIES TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES.
For purposes of this section, any reference to “the Company” shall include the Company's affiliates, officers, employees, principals, agents and contractors.
12 TERM AND TERMINATION.
This Agreement shall be executed and agreed to at the completion of the following two events: (1) when Affiliate signs up for Company program in ShareASale and (2) we accept you as an affiliate to our program(s) and campaign(s).
This Agreement shall be terminated by either Party upon notification to the other of termination. If we terminate this Agreement due to breach by you, no further Fees shall be paid to you and we may seek such other relief, equitable and legal, as may be available. If you terminate, the Fees due and owing to you shall be paid as provided herein. Regardless of who terminates, upon termination, any and all rights and licenses granted by us to you shall immediately cease and you shall immediately stop using and remove the Links and Company Creatives from your Marketing Methods.
13 RELATIONSHIPS.
You are an independent contractor with respect to the Company. Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between you and the Company. You shall not, in any manner or respect, represent, suggest or convey the impression that you are an employee or agent of the Company, or that the Company has endorsed you and/or the Affiliate site or that you represent the Company in any manner or capacity. You have no authority to and shall not enter into any agreements or obligations purporting to be binding upon the Company.
14 CONFIDENTIALITY.
You promise and agree to hold Confidential Information in strict confidence and in trust for the sole benefit of the Company, both during the term of this Agreement and at all times thereafter, and shall not use such Confidential Information for any purpose, whether or not for consideration, business or personal, other than as may be reasonably necessary for the performance of its duties pursuant to this Agreement, without the Company's prior written consent. You shall not disclose any Confidential Information to any person or entity, other than to such of its employees or consultants as may be reasonably necessary for purposes of performing its duties hereunder and have executed agreements of confidentiality no less protective than this Agreement, without the Company's prior written consent. You shall use not less than the same degree of care it uses to protect its own Confidential Information, but in any event not less than a reasonable degree of care. For purposes of clarity, your obligations hereunder include taking all actions necessary to ensure that your affiliates, employees, contractors and agents and any other person or party who obtains Confidential Information from or because of provider abide by the terms of this section in their entirety.
Confidential Information does not include information that (a) is or becomes publicly known through lawful means; (b) was rightfully in provider’s possession or part of your general knowledge prior to the effective date of this Agreement; or (c) is disclosed to you without confidential restriction by a third party who rightfully possesses the information (without confidential restriction) and did not learn of it, directly or indirectly, from the Company.
15 WAIVERS.
You expressly and unconditionally waive all claims against the Company, regardless of the basis upon which such claim(s) may be made, that may be based on, arise in connection with or be related to any of the following acts, circumstances or conditions:
(a) the Sites are partially or totally inoperative or inaccessible,
(b) there are bugs, errors or inaccuracies on the Sites, or
(c) a suspension, termination or other action was taken with respect to your account by the Company even if such suspension, termination or other action resulted in a loss of profits to you.
For purposes of this section, any reference to “the Company” shall include the Company's affiliates, officers, employees, principals, agents and contractors.
16 CHOICE OF LAW.
This Agreement shall be governed by the laws of the State of Nevada in the country of the United States of America, without regard to its conflict of laws rules or principles.
17 DISPUTE RESOLUTION.
To the fullest extent permitted by law, all disputes arising out of and related to this Agreement (“Disputes”) shall be resolved as follows: All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration with Arbitration Resolution Services (ARS). The parties expressly agree to abide by all rules of ARS as found on their web site at www.arbresolutions.com. If a party fails to pay any award, the award may be converted to judgment in a court of competent jurisdiction.
18 REMEDIES.
All rights, remedies, undertakings, obligations and agreements contained in this Agreement or available at law, in equity or otherwise, shall be cumulative, and none shall be a limitation of any other remedy, right, undertaking, obligation or agreement.
For Actions that we have reasonable suspicion were created not in compliance with this Agreement, we may, at our discretion, require you to forfeit all previous and future commissions related to such Orders.
This Agreement shall be binding upon the parties and their successors, permitted assigns, heirs, affiliates, directors, shareholders, officers, employees and/or agents.
19 FORCE MAJEURE.
The Company shall not be responsible or liable for any delay or failure to fulfill any provision of this Agreement if such a delay or failure results directly or indirectly from any act of God, war, riot, insurrection, embargoes, acts of civil or military authorities, fires, floods, explosions, accidents, or any other cause beyond the reasonable control of the Company.
20 INTERPRETATIONS.
The headings used herein are for convenience only and shall not be deemed to define, limit or construe the contents of any provision of this Agreement. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms.
21 SEVERABILITY.
If any provision of this Agreement is unenforceable under any applicable law or is held invalid, such holding shall not affect any other provision hereof, and the defective provision shall, if applicable law permits, be modified and interpreted in a manner that it is enforceable. Otherwise, the offending term or provision shall be omitted and not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
23 NOTICES.
Any notices or other communications required or permitted hereunder shall be sufficiently given if in Email.
To the Company:
Attention: Legal
Email: Doug@4CPredictions.AI
To the Affiliate:
As specified on the sign-up form at ShareASale.
24. INCORPORATED ADDENDUM
This Agreement incorporates by reference the Addendum A, which shall be considered an integral part of this Agreement and shall have the same force and effect as if fully set forth herein.
25 ENTIRE AGREEMENT.
This Agreement sets forth the entire agreement and understanding between you and the Company relating to the subject matter hereof and thereof and supersedes any prior or contemporaneous discussions, agreements, representations, warranties and other communications between you and the Company, written or oral, to the extent they relate in any way to the subject matter hereof.
Addendum A
1. Paid Traffic
If you market via paid traffic online in social media or other platforms, you agree to abide by the rules and regulations of the respective platform, including, but not limited to, Meta (Instagram), Google (Google Ads, YouTube), Bing, Twitter (X), TikTok, LinkedIn, Reddit, Snapchat, Pinterest.
This restriction is implemented to protect the Company’s advertising assets. Even though 4CPredictions.ai is not a gaming or casino site, some online platforms lump it in that category. And some online platforms require you to apply for whitelisting and get whitelisted prior to allowing such paid traffic. The use of paid traffic without abiding by the respective platform’s rules and regulations risks violating platform guidelines, which may result in the suspension or banning of all 4CPredictions.ai advertising accounts on the respective platform.
Also, you may engage in paid traffic advertising for all venues on all platforms except Facebook sport predictions. You can advertise on Facebook for all other AI prediction models such as crypto currency and stock AI model; but you cannot promote our sports prediction models on Facebook.
2. Fraudulent Activity Clause
You agree that all traffic and leads generated must be legitimate, real Users, and any form of fraudulent activity, including but not limited to bots, fake accounts, or incentivized clicks, is strictly prohibited. If fraudulent activity is detected, we reserve the right to immediately terminate the Affiliate’s account and pursue any legal remedies available.
3. Data Privacy and Compliance
You must comply with all applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and any other relevant privacy laws. Any collection, storage, or processing of personal data must be lawful and transparent. You agree to indemnify the Company for any claims, penalties, or damages resulting from your violation of data protection laws.
4. Affiliate Content Restrictions
You agree to promote our services using truthful, non-deceptive, and legally compliant content. You are prohibited from using misleading advertising, fake testimonials, or offensive content. Company reserves the right to request removal of any content it deems harmful to its brand or reputation, and you must comply with such requests within 24 hours.
5. Geographic and Industry-Specific Restrictions
You are prohibited from promoting Company in connection with industries or geographic regions where doing so would violate the advertising policies of third-party platforms or local laws.
6. Termination Clause
We reserve the right to terminate this agreement at any time, without prior notice, if you are found to be in breach of any terms of this agreement or engaging in activities that jeopardize, in Company’s opinion, Company’s standing with third-party platforms or cause reputational damage.
7. Limitation of Liability
In no event shall Company be liable to you for any indirect, incidental, punitive, or consequential damages, including but not limited to loss of profits, loss of business opportunities, or suspension of third-party accounts.
8. Reporting and Audit Rights
Company reserves the right to request regular reports on your activities, traffic sources, and promotional methods used. Additionally, Company may, at its sole discretion, audit the Affiliate’s activities to ensure compliance with this agreement. Failure to comply with such requests will be grounds for termination of the affiliate relationship.
10. Networks
In accordance with the terms and conditions outlined in the master agreement governing affiliate relationships, if you are a network of affiliates, you are fully responsible for the actions of your sub-affiliates. This responsibility includes ensuring that all sub-affiliates comply with relevant government regulations and laws, including, but not limited to, fraud prevention and compliance with advertising and data protection standards. You are obligated to monitor and enforce these requirements and to take corrective action when necessary. Should any sub-affiliate within the network violate the terms and conditions stipulated in this Agreement, your will be held liable for such violations and any resulting penalties or consequences.
12. Prevailing Terms and Jurisdiction
In the event that there are conflicting or opposing terms between this Agreement and any prior or contemporaneous Agreements between the parties, the terms set forth in this current agreement shall prevail and supersede any such conflicting provisions. Both parties hereby agree that the terms and conditions outlined in this agreement represent the governing obligations and rights of the parties, and they expressly commit to adhere to the provisions contained herein. Any conflicting terms in prior agreements shall be deemed null and void to the extent of inconsistency.
13. Representation
When marketing Company product you agree to:
• Never guarantee that your User will win a sports bet by using our product.
• Never encourage your User to bet more than he has to lose.
• Never encourage User to bet an amount that would change his lifestyle if he lost the bet.
• Never use fake testimonials in your marketing efforts; always keep a record of the location of testimonials in case legal compliance requires you to verify the existence and accuracy of the testimonial.
(14) Agreement Modification
The Company reserves the unilateral right to modify the terms and conditions of this Agreement at any time. Such modifications will be made by posting a revised Agreement in our affiliate tracking system, ShareASale or its purchaser AWIN. The changes will become effective immediately upon posting, and affiliates will be notified of these changes via email. By continuing to participate in the affiliate program after receiving notification of the changes, affiliates acknowledge and accept the revised terms and conditions. It is the responsibility of the affiliates to review the updated Agreement and comply with its provisions.
(15) AWIN recently purchased ShareASale; there in this Agreement, ShareASale and AWIN are used interchangeably.
THIS AGREEMENT (the “Agreement”) provides the terms and conditions of the relationship between AI Affiliates Pty Ltd, a proprietary limited South African Company (the “Company,” “we,” “us,” or “our”) and affiliate (“Affiliate,” “you” or “your”) in order to participate in the 4C Predictions Affiliate Program (“Program”) to refer traffic to the Company's website(s).
WHEREAS, the Company is the affiliate recruitment and compliance company for the affiliate marketing program for the products advertised on the Internet site with the URL of 4CPredictions.ai; in addition, the company, may going forward, develop other sites (the “Sites”);
WHEREAS, the Company has created a Program that enables affiliates to refer internet traffic to one or more of the Sites from online traffic generated by affiliates in exchange for agreed consideration;
WHEREAS, you are either an affiliate or an affiliate network that is accountable for upholding the terms and conditions of this Agreement;
WHEREAS, if you are an affiliate network, you are accountable for all affiliates in your network to uphold the terms and conditions of this Agreement; and
WHEREAS, you desire to participate in the Program.
THEREFORE, in consideration of the mutual promises herein, the Parties agree as follows:
1 DEFINITIONS.
Capitalized terms used and not otherwise defined in this Agreement shall have the following meanings:
(a) “Order” means a completed transaction where Company receives payment for product, such as a valid credit card authorization, from a Site visitor for the initial enrollment of our Program.
(b) “Marketing Methods” means the media and content used by you to generate Orders online, including but not limited to banners, Emails, blogs, SMS and push content, web site listings, and video.
(c) “Customer” means any person or party who places Orders on the Sites after connecting to any of the Sites from the Marketing Methods.
(d) “Links” means the banner, buttons, coding or other way a User is referred by Marketing Methods to the Sites for the purpose of promoting the sale of goods or services on the Site. The Links are prepared to track Users who are directed from the Marketing Methods to the Sites to place Orders.
(e) “Click” means when a User clicks on to one of our Sites from your Links.
(f) “Actions” means either Orders or Clicks or both Clicks and Orders combined
(g) “Company Creatives” means banners, Emails, blogs, SMS and Push content, video, and other marketing material that Company may supply you for promoting Sites and generating Actions.
(h) “CAP” means the weekly number of Actions that you may generate on our Sites. We have the option of not paying commissions on Actions that exceed you CAPs by over 10%.
(i) “Cashback” means an affiliate offered its Users a cash reward for placing an Order.
(j) “Affiliate Fraud” means is a deceptive practice where an affiliate manipulates the system to earn commissions illegitimately, ultimately leading to unprofitable outcomes for the advertiser. This type of fraud can take various forms, including but not limited to:
- **Self-Signup Fraud**: The affiliate signs up for the service themselves to earn a commission, only to cancel the order later, resulting in no genuine Customer acquisition.
- **Cashback Fraud**: The affiliate offers cash incentives to Users for placing orders, which are part of the commission paid by the advertiser. These Users may then cancel their orders, leading to no real profit for the advertiser.
- **False Guarantees**: The affiliate falsely guarantees that the advertiser's models are 100% accurate and that Users will become wealthy, misleading potential Customers and damaging the advertiser's reputation.
In summary, affiliate fraud encompasses these examples and more, where affiliates engage in dishonest practices to earn commissions without generating genuine value for the advertiser. It is crucial for Affiliate to implement measures to detect and prevent such fraudulent activities, ensuring that commissions are only paid for legitimate and legal transactions that contribute to the business’ profitability.
(k) Users” means (1) Customers and (2) people being marketed by Affiliate to purchase product in the 4C Prediction Program using Marketing Methods.
2 CONTENT.
You have sole and exclusive responsibility and liability for the development, operation, maintenance of all materials and content that appear on the Marketing Materials; except you are not liable for the content provided in Company Creatives. Your Marketing Methods shall operate and be maintained in accordance with all applicable laws, rules and regulations, such as, but not limited to, the Can Spam Act and Telephone Consumer Protection Act (TCPA) violations. Furthermore, you shall obtain approval from us for all Marketing Materials created by you.
3 COMPENSATION FOR YOUR REFERRED TRAFFIC.
You will receive a commission for each Order or Click as specified in the ShareASale order platform.
The Fee will be offset with respect to each Order for which there is a chargeback generated by an issuing bank regarding a merchant account dispute issued against the Company for any payment previously credited to the Company. The Fee will also be offset by transaction obtained through Affiliate Fraud. The Fee will also be offset by refunds to Customers issued by Company. The fee will also be offset by $45 per payment if payment is made by bank wire; and 5% of the commission if payment is made by PayPal. The fee will not be offset for United States domestic ACH payments.
In the event we discover an action you have taken may reasonably result in a future liability for us such as a fraudulent transaction you conducted or your marketing methods are not compliant with applicable government laws, rules, and regulations, then we have the option to withhold all commissions you earned, but we have not yet paid. We have the option to withhold such commissions until we have had reasonable time to assess our liability. In the event we reasonably determine that we have liability, we have the option to withhold a reasonable amount of your commission to compensate for the potential or real liability prior to releasing the balance. Subsequently, once the threat of liability no longer exists for us, we will release the balance of your commissions.
We have the option to change the amount you will be paid for Actions; and such change will be effective 24 hours after notification.
We have the option to change CAP at any time at our discretion; and such a change will be effective immediately after notification.
Commissions will be paid 15 days from the end of the calendar month for accepted Actions.
There is also a limit of one commission per unique individual. If someone clicks the link on your site and orders multiple accounts, then you will receive a commission on the first order only.
4 FULFILLMENT AND CUSTOMER INFORMATION.
All information pertaining to Actions and the respective Customers is the sole and exclusive property of the Company.
5 LIMITED LICENSE RIGHTS.
Pursuant to this Agreement, the Company grants you a limited, non-exclusive, non-transferable and revocable license to display the Links and Company Creatives by using Marketing Methods subject to the terms and conditions of this Agreement.
6 LIABILITY.
We will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by us. We make no claim that the operation of the Program and/or our website(s) will be error-free, and we will not be liable for any interruptions or errors.
7. INDEMNIFICATION.
Affiliate shall indemnify and hold us and our subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by us to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, non-compliance with government regulations, intentional misconduct of Affiliate, or any violation of laws or regulations governing your activities, including but not limited to advertising, gaming, consumer protection, or privacy laws. Further, affiliate shall indemnify against any losses we incur for the suspension or banning of our advertising on online platforms from your actions.
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9 REPRESENTATIONS AND WARRANTIES.
You represent and warrant that:
(a) You are legally capable and authorized to enter into this Agreement; and, if you represent an entity, all actions necessary to authorize you to enter into this Agreement have been taken.
(b) Your Marketing Methods shall not:
(i) contain any information which you know or reasonably should know is false;
(ii) contain or transmit any apps or programs that are or can be installed or downloaded to a Customer’s computer or other device without the Customer’s express and knowing consent as to the exact nature, purpose and function of such apps or programs;
(iii) use the Company's name or intellectual property in any form of unsolicited communication, including unsolicited email (spam); or
(iv) make any guarantees or promises regarding the accuracy of predictions or assured wins. Sports outcomes are inherently unpredictable, and we do not guarantee specific results.
10 EMAIL AND SMS COMPLIANCE
Your Email and SMS text marketing must:
(a) be directed to 100% opt-in Users;
(b) be in compliance with the Can-Spam Act and Telephone Consumer Protection Act and all other government regulations;
(c) contain the Email unsubscribe link supplied by us;
(d) have a weekly scrub of your lists against our master opt-out list; henceforth, following the scrub, you shall no longer market our product to those records that were scrubbed(We will provide you scrub details in our welcome letter.); and
(e) Have “(ADV)” at the beginning of each Email subject heading.
11 LIMITATIONS OF LIABILITY.
IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES INCLUDING BUT NOT LIMITED TO THE LOSS OF PROFITS OR BUSINESS OPPORTUNITY, EVEN IF WE HAD BEEN ADVISED OF SUCH POSSIBILITY.
IN NO EVENT SHALL THE LIABILITY OF THE COMPANY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE FEES PAID TO YOU BY THE COMPANY. THIS LIMITATION APPLIES TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES.
For purposes of this section, any reference to “the Company” shall include the Company's affiliates, officers, employees, principals, agents and contractors.
12 TERM AND TERMINATION.
This Agreement shall be executed and agreed to at the completion of the following two events: (1) when Affiliate signs up for Company program in ShareASale and (2) we accept you as an affiliate to our program(s) and campaign(s).
This Agreement shall be terminated by either Party upon notification to the other of termination. If we terminate this Agreement due to breach by you, no further Fees shall be paid to you and we may seek such other relief, equitable and legal, as may be available. If you terminate, the Fees due and owing to you shall be paid as provided herein. Regardless of who terminates, upon termination, any and all rights and licenses granted by us to you shall immediately cease and you shall immediately stop using and remove the Links and Company Creatives from your Marketing Methods.
13 RELATIONSHIPS.
You are an independent contractor with respect to the Company. Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between you and the Company. You shall not, in any manner or respect, represent, suggest or convey the impression that you are an employee or agent of the Company, or that the Company has endorsed you and/or the Affiliate site or that you represent the Company in any manner or capacity. You have no authority to and shall not enter into any agreements or obligations purporting to be binding upon the Company.
14 CONFIDENTIALITY.
You promise and agree to hold Confidential Information in strict confidence and in trust for the sole benefit of the Company, both during the term of this Agreement and at all times thereafter, and shall not use such Confidential Information for any purpose, whether or not for consideration, business or personal, other than as may be reasonably necessary for the performance of its duties pursuant to this Agreement, without the Company's prior written consent. You shall not disclose any Confidential Information to any person or entity, other than to such of its employees or consultants as may be reasonably necessary for purposes of performing its duties hereunder and have executed agreements of confidentiality no less protective than this Agreement, without the Company's prior written consent. You shall use not less than the same degree of care it uses to protect its own Confidential Information, but in any event not less than a reasonable degree of care. For purposes of clarity, your obligations hereunder include taking all actions necessary to ensure that your affiliates, employees, contractors and agents and any other person or party who obtains Confidential Information from or because of provider abide by the terms of this section in their entirety.
Confidential Information does not include information that (a) is or becomes publicly known through lawful means; (b) was rightfully in provider’s possession or part of your general knowledge prior to the effective date of this Agreement; or (c) is disclosed to you without confidential restriction by a third party who rightfully possesses the information (without confidential restriction) and did not learn of it, directly or indirectly, from the Company.
15 WAIVERS.
You expressly and unconditionally waive all claims against the Company, regardless of the basis upon which such claim(s) may be made, that may be based on, arise in connection with or be related to any of the following acts, circumstances or conditions:
(a) the Sites are partially or totally inoperative or inaccessible,
(b) there are bugs, errors or inaccuracies on the Sites, or
(c) a suspension, termination or other action was taken with respect to your account by the Company even if such suspension, termination or other action resulted in a loss of profits to you.
For purposes of this section, any reference to “the Company” shall include the Company's affiliates, officers, employees, principals, agents and contractors.
16 CHOICE OF LAW.
This Agreement shall be governed by the laws of the State of Nevada in the country of the United States of America, without regard to its conflict of laws rules or principles.
17 DISPUTE RESOLUTION.
To the fullest extent permitted by law, all disputes arising out of and related to this Agreement (“Disputes”) shall be resolved as follows: All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration with Arbitration Resolution Services (ARS). The parties expressly agree to abide by all rules of ARS as found on their web site at www.arbresolutions.com. If a party fails to pay any award, the award may be converted to judgment in a court of competent jurisdiction.
18 REMEDIES.
All rights, remedies, undertakings, obligations and agreements contained in this Agreement or available at law, in equity or otherwise, shall be cumulative, and none shall be a limitation of any other remedy, right, undertaking, obligation or agreement.
For Actions that we have reasonable suspicion were created not in compliance with this Agreement, we may, at our discretion, require you to forfeit all previous and future commissions related to such Orders.
This Agreement shall be binding upon the parties and their successors, permitted assigns, heirs, affiliates, directors, shareholders, officers, employees and/or agents.
19 FORCE MAJEURE.
The Company shall not be responsible or liable for any delay or failure to fulfill any provision of this Agreement if such a delay or failure results directly or indirectly from any act of God, war, riot, insurrection, embargoes, acts of civil or military authorities, fires, floods, explosions, accidents, or any other cause beyond the reasonable control of the Company.
20 INTERPRETATIONS.
The headings used herein are for convenience only and shall not be deemed to define, limit or construe the contents of any provision of this Agreement. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms.
21 SEVERABILITY.
If any provision of this Agreement is unenforceable under any applicable law or is held invalid, such holding shall not affect any other provision hereof, and the defective provision shall, if applicable law permits, be modified and interpreted in a manner that it is enforceable. Otherwise, the offending term or provision shall be omitted and not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
23 NOTICES.
Any notices or other communications required or permitted hereunder shall be sufficiently given if in Email.
To the Company:
Attention: Legal
Email: Doug@4CPredictions.AI
To the Affiliate:
As specified on the sign-up form at ShareASale.
24. INCORPORATED ADDENDUM
This Agreement incorporates by reference the Addendum A, which shall be considered an integral part of this Agreement and shall have the same force and effect as if fully set forth herein.
25 ENTIRE AGREEMENT.
This Agreement sets forth the entire agreement and understanding between you and the Company relating to the subject matter hereof and thereof and supersedes any prior or contemporaneous discussions, agreements, representations, warranties and other communications between you and the Company, written or oral, to the extent they relate in any way to the subject matter hereof.
Addendum A
1. Paid Traffic
If you market via paid traffic online in social media or other platforms, you agree to abide by the rules and regulations of the respective platform, including, but not limited to, Meta (Instagram), Google (Google Ads, YouTube), Bing, Twitter (X), TikTok, LinkedIn, Reddit, Snapchat, Pinterest.
This restriction is implemented to protect the Company’s advertising assets. Even though 4CPredictions.ai is not a gaming or casino site, some online platforms lump it in that category. And some online platforms require you to apply for whitelisting and get whitelisted prior to allowing such paid traffic. The use of paid traffic without abiding by the respective platform’s rules and regulations risks violating platform guidelines, which may result in the suspension or banning of all 4CPredictions.ai advertising accounts on the respective platform.
Also, you may engage in paid traffic advertising for all venues on all platforms except Facebook sport predictions. You can advertise on Facebook for all other AI prediction models such as crypto currency and stock AI model; but you cannot promote our sports prediction models on Facebook.
2. Fraudulent Activity Clause
You agree that all traffic and leads generated must be legitimate, real Users, and any form of fraudulent activity, including but not limited to bots, fake accounts, or incentivized clicks, is strictly prohibited. If fraudulent activity is detected, we reserve the right to immediately terminate the Affiliate’s account and pursue any legal remedies available.
3. Data Privacy and Compliance
You must comply with all applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and any other relevant privacy laws. Any collection, storage, or processing of personal data must be lawful and transparent. You agree to indemnify the Company for any claims, penalties, or damages resulting from your violation of data protection laws.
4. Affiliate Content Restrictions
You agree to promote our services using truthful, non-deceptive, and legally compliant content. You are prohibited from using misleading advertising, fake testimonials, or offensive content. Company reserves the right to request removal of any content it deems harmful to its brand or reputation, and you must comply with such requests within 24 hours.
5. Geographic and Industry-Specific Restrictions
You are prohibited from promoting Company in connection with industries or geographic regions where doing so would violate the advertising policies of third-party platforms or local laws.
6. Termination Clause
We reserve the right to terminate this agreement at any time, without prior notice, if you are found to be in breach of any terms of this agreement or engaging in activities that jeopardize, in Company’s opinion, Company’s standing with third-party platforms or cause reputational damage.
7. Limitation of Liability
In no event shall Company be liable to you for any indirect, incidental, punitive, or consequential damages, including but not limited to loss of profits, loss of business opportunities, or suspension of third-party accounts.
8. Reporting and Audit Rights
Company reserves the right to request regular reports on your activities, traffic sources, and promotional methods used. Additionally, Company may, at its sole discretion, audit the Affiliate’s activities to ensure compliance with this agreement. Failure to comply with such requests will be grounds for termination of the affiliate relationship.
10. Networks
In accordance with the terms and conditions outlined in the master agreement governing affiliate relationships, if you are a network of affiliates, you are fully responsible for the actions of your sub-affiliates. This responsibility includes ensuring that all sub-affiliates comply with relevant government regulations and laws, including, but not limited to, fraud prevention and compliance with advertising and data protection standards. You are obligated to monitor and enforce these requirements and to take corrective action when necessary. Should any sub-affiliate within the network violate the terms and conditions stipulated in this Agreement, your will be held liable for such violations and any resulting penalties or consequences.
12. Prevailing Terms and Jurisdiction
In the event that there are conflicting or opposing terms between this Agreement and any prior or contemporaneous Agreements between the parties, the terms set forth in this current agreement shall prevail and supersede any such conflicting provisions. Both parties hereby agree that the terms and conditions outlined in this agreement represent the governing obligations and rights of the parties, and they expressly commit to adhere to the provisions contained herein. Any conflicting terms in prior agreements shall be deemed null and void to the extent of inconsistency.
13. Representation
When marketing Company product you agree to:
• Never guarantee that your User will win a sports bet by using our product.
• Never encourage your User to bet more than he has to lose.
• Never encourage User to bet an amount that would change his lifestyle if he lost the bet.
• Never use fake testimonials in your marketing efforts; always keep a record of the location of testimonials in case legal compliance requires you to verify the existence and accuracy of the testimonial.
(14) Agreement Modification
The Company reserves the unilateral right to modify the terms and conditions of this Agreement at any time. Such modifications will be made by posting a revised Agreement in our affiliate tracking system, ShareASale or its purchaser AWIN. The changes will become effective immediately upon posting, and affiliates will be notified of these changes via email. By continuing to participate in the affiliate program after receiving notification of the changes, affiliates acknowledge and accept the revised terms and conditions. It is the responsibility of the affiliates to review the updated Agreement and comply with its provisions.
(15) AWIN recently purchased ShareASale; there in this Agreement, ShareASale and AWIN are used interchangeably.