Obligations of the Parties
Subject to our acceptance of you as an affiliate and your continued compliance with the terms and conditions of this Agreement, NordVPN agrees as follows:
In the event of any chargeback(s), refunds or cancellations by customers referred by you, your commission shall be cancelled. If we have already paid the relevant commission to you, we shall deduct that amount from our next payment to you. Refunds will be made to customers in accordance with our Refund Policy or at our sole discretion. Where the rate of chargeback(s), refunds or cancellations on your account is unusually high or we suspect your affiliate account is being used for fraudulent activity, we reserve the right to place restrictions on the your account, including but not limited to, suspending your account and retaining all sums within the account as well as commencing a full investigation. You give us your authorization to inform the appropriate authorities or third parties of any fraud or suspected fraud and only once we are satisfied that the matter is resolved shall we remove any restrictions on your account.
We will make available to you via the Affiliate Program graphic and textual links to the Program Web Site and/or other creative materials (collectively, the "Links") which you may display on web sites owned or controlled by you, in emails sent by you and clearly identified as coming from you and in online advertisements (collectively, "Media"). The Links will serve to identify you as a member of our Affiliate Program and will establish a link from your Media to the Program Web Site.
We will pay Affiliate for each Qualified Action (the "Commission"). A "Qualified Action" means an individual person who (i) accesses the Program Web Site via the Link, where the Link is the last link to the Program Web Site, (ii) is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person, (iii) is not using pre-populated fields (iv) completes all of the information required for such action within the time period allowed by NordVPN and (v) is not later determined by NordVPN to be fraudulent, incomplete, unqualified or a duplicate.
We will pay you any earned Commissions, provided that your account is currently greater than $100. We reserve the right to charge back to your account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action. We shall send payment to you using PayPal or Bitcoins. We support direct wire transfer for commissions exceeding $1,000 per month. Our only liability is to send payment using the details provided by you and we shall have no liability for lost payments as a result of details being incorrectly entered by you. Payments for revenue generated for the previous month will be sent under request by you. Send payment requests to payments@nordvpnmedia.com. Payments are made with a 40-days delay due to our refund policy. If you work individually, form fw9 and fw8ben has to be filled and sent to payments@nordvpnmedia.com. Invoices are required only from companies.
Payment for Commissions is dependent upon Clients providing such funds to NordVPN, and therefore, you agree that NordVPN shall only be liable to you for Commissions to the extent that NordVPN has received such funds from the Clients. You hereby release NordVPN from any claim for Commissions if NordVPN has not received such funds from the Clients.
All tracking of Links and determinations of Qualified Actions and Commissions shall be made by NordVPN in its sole discretion. In the event that Affiliate disputes in good faith any portion of an invoice, Affiliate must submit that dispute to NordVPN in writing and in sufficient detail within thirty (30) days of the date on the invoice. If Affiliate does not dispute the invoice as set forth herein, then Affiliate agrees that it irrevocably waives any claims based upon that invoice. In the event that Affiliate is also tracking Qualified Actions and Affiliate claims a discrepancy, Affiliate must provide NordVPN with Affiliate's reports within three (3) days after 30th day of the calendar month, and if NordVPN's and Affiliate's reported statistics vary by more than 10% and NordVPN reasonably determines that Affiliate has used generally accepted industry methods to track Qualified Actions, then NordVPN and Affiliate agree to make a good faith effort to arrive at a reconciliation. If the parties are unable to arrive at a reconciliation, then NordVPN's numbers shall govern.
If Affiliate has an outstanding balance due to NordVPN under this Agreement or any other agreement between the Affiliate and NordVPN, whether or not related to the Affiliate Program, Affiliate agrees that NordVPN may offset any such amounts due to NordVPN from amounts payable to Affiliate under this Agreement.
Affiliate also agrees to:
Have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.
Ensure that all materials posted on your Media or otherwise used in connection with the Affiliate Program (i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights of any third party and (iii) do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities (such as gambling), contains profanity or otherwise contains materials that NordVPN informs you that it considers objectionable (collectively, "Objectionable Content").
Not make any representations, warranties or other statements concerning NordVPN or Client or any of their respective products or services, except as expressly authorized herein.
Make sure that your Media does not copy or resemble the look and feel of the Program Web Site or create the impression that your Media is endorsed by NordVPN or Clients or a part of the Program Web Site, without prior written permission from us.
Comply with all (i) obligations, requirements and restrictions under this Agreement and (ii) laws, rules and regulations as they relate to your business, your Media or your use of the Links.
Comply with the terms, conditions, guidelines and policies of any third party services used by Affiliate in connection with the Affiliate Program, including but not limited to, email providers, social networking services and ad networks.
Always prominently post and make available to end-users, including prior to the collection of any personally identifiable information, a privacy policy in compliance with all applicable laws that clearly and thoroughly discloses all information collection, use and sharing practices, including providing for the collection of such personally identifiable information in connection with the Affiliate Program and the provision of such personally identifiable information to NordVPN and Clients for use as intended by NordVPN and Clients.
Always prominently post and make available to end-users any terms and conditions in connection with the Offer set forth by NordVPN or Client, or as required by applicable laws regarding such Offers.
Make sure to not place NordVPN ads on any online auction platform (i.e. eBay, Amazon, etc).
