These terms apply to those who participate in Ivacy VPN Affiliate Program (the “Program”)
*Please read the terms mentioned on this page carefully before joining our Affiliate Program.
The terms mentioned on this page explain how Ivacy VPN Affiliate Program works and discuss various ways on how you can take part in this program. By joining this program, you agree to abide by the mentioned terms. You will be required to confirm your participation when registering to join the Program at Ivacy VPN Affiliate Program.
1What is Ivacy VPN, what are its terms & conditions, and what is the Affiliate Program?
We are an independent VPN provider, registered in Singapore under company number 2215547.
If you have any questions or queries regarding these terms, you can contact us by email at: support@ivacy.com
Through an Affiliate Program, a company or an individual earns a referral commission from referring customers to Ivacy.com (“Our website”). Referral commission is earned when a new customer, referred by an affiliate, purchases a package / plan to use our services (i.e. a “Subscription”). The referral commission becomes valid when the invoice is marked paid and the following are approved by the system.
- Names and IP addresses
- Operating systems
- Operational logs
2Enrolment in our Affiliate Program:
By joining the Affiliate Program, you confirm that:
- You are legally capable of entering into binding contracts.
- You will provide complete and authentic Registration Data and that you shall inform us of any changes in your Registration Data over time.
- If you are acting for an organization (such as a company or a partnership), you are authorized to enter into these terms for and on behalf of that organization (in which case, references in these terms to “you” are to that organization, and not you personally).
- You are not located in the following countries: Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo, Democratic Republic of the Congo, Republic of the Cote d’Ivoire, Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sγo Tomι and Prνncipe, Senegal, Seychelles, Sierra Leone, Somalia, Sudan, Swaziland, Tanzania, The Gambia, Togo, Tunisia, Uganda, Vietnam, Zambia, Zimbabwe, Myanmar, Cuba, Iran, North Korea, Sudan, Syria, Ukraine or Russia.
- By accessing and using our site and the services on our site, and taking part in the Program, you are complying with all applicable laws and regulations in the country in which you are located.
We reserve the right to suspend or close any account(s) with us and block you from using our site, if (in our opinion), you have failed to comply with any part of these terms. You understand that your account is individual to you, and that we may suspend or close your account if you attempt to transfer or use your account to/for another person.
You are responsible to ensure that whoever uses your account with us is aware of these terms, and that he/she must comply with them.
3Ivacy’s relationship with you:
Nothing in these terms shall constitute, or be deemed to create, a partnership between you and us; nor, except as expressly provided, shall it designate, or be deemed to designate, either you or us as the agent of the other for any purpose.
Subject to any provisions to the contrary in these terms, you shall have no right or authority to enter into any contract, make any representation, give any warranty, incur any liability, assume any obligation, whether express or implied, of any kind on our behalf or bind us in any way.
4Website Links and Cookies
Material for linking to our site in your affiliate dashboard will be provided to you from us. Material will include an HTML code for the link and the graphic files (e.g. banners) to which the HTML code should be applied.
No graphic file provided by us should be altered or modified in any way without our consent and authorization. You may not use your own graphic files to link to our site.
All the graphic files provided by us for the purpose of linking may be displayed throughout your website as you consider appropriate complying with these terms. We reserve the right to request the removal or alteration of a link on your website.
You are required to take full responsibility for maintaining the record of all the links to our website from your website.
5Display of Pricing Information:
As an affiliate, you are entitled to display full information related to pricing and other information relating to our subscriptions. It is your responsibility to keep such information up-to-date through your own efforts. Although we may inform you prior to any change in pricing, but we have no obligation to do so.
We reserve the right to alter pricing at any time in accordance with our own policies.
6Orders:
We undertake to use our best and reasonable endeavors to process and fulfill all orders for subscriptions placed by customers referred by you.
We reserve the right to reject any orders that do not comply with our policy.
We are liable to ensure that all orders are completed and that the provision of services is undertaken in accordance with our terms and conditions. We shall be responsible for order entry, payment processing, cancellations and all subsequent customer service. You shall have no further involvement with the customer or the completion of the transactions, and all customers will be made aware of the same.
6Promotion of Affiliate links:
You are strictly informed not to use the following ways to sell or promote subscriptions:
Email SPAM: Sending unsolicited marketing emails. However, you may send emails to people you know or who have given you permission to send them marketing emails for products and services similar to Ivacy.com.
Comment SPAM: Posting referral links on blogs, message boards and forums in cases where the discussion or content is not relevant to the services we offer. However, you may advertise your referral link on websites which are discussing VPN/proxy services or in a forum signature. You should never use automated bots to post comments containing your affiliate link.
Black Hat techniques: Using “Black hat” SEO marketing techniques on your website, such as keyword stuffing, invisible text or doorway pages.
Incentives: Offering incentives to users, such as cash back or other rewards, except where facilitated by features on our site.
Use of banned keywords: Bidding on any online advertising system (such as Google Adwords) for the following keywords and any variation or misspelling:
- Ivacy
- Ivacy VPN
- Ivacy VPN Software
- Ivacy VPN App
You may not place your affiliate links on any website which contains content which is:
Using an Affiliate link or ID to buy user account(s) for yourself, or to promote in any similar way. In case of any such situation, we have the right to take strict action against you, which may even result in your Affiliate account suspension.
8Sales reporting and payment of referral fees:
Full report of all sales of subscriptions generated through your affiliate links will be available on your affiliate dashboard. We reserve the right to alter the form and content of such reports without any prior notice.
We reserve the right to change our affiliate commission rates at any time without any prior notice.
In accordance with these terms, we shall pay you referral commissions on all sales of subscriptions generated by you, except for subscriptions paid for via Linkshare, Apple iTunes Store and Google Play Store.
We will dispatch your payments using the payment method which you have selected in your affiliate dashboard. If you have not selected any payment method, we shall not be under any obligation to make payments to you. We are only liable to send payment(s) using the details provided by you, and we have no liability for the lost payments resulted by incorrect details provided by you.
Payments will be sent after receiving manual request from you which can be made from the affiliate dashboard, subject to your balance being above the minimum payment threshold. Kindly note that payments not claimed within one year; or accounts with incomplete payment details after a billing cycle will be nullified.
Our default payment currency is US Dollars and our default payment cycle starts from the first and ends on the last day of a month. Commissions would be paid after the billing cycle, between the 15th and 20th of the next month.
The minimum payment threshold is $100 for PayPal and $500 for bank transfers. Hence, no payment will be made unless your balance exceeds this amount.
Payments made through Bank transfer will incur a fee of $25. In addition, your bank (or intermediary bank) may impose additional charges that must be paid by you. PayPal payments will incur a fee of 2% of the total commission payable.
Before dispatching any payments, we reserve the right to go through your account details to ensure you complied with our terms. We are not obliged to pay those affiliates who breached the specified terms. Wherever there is an ambiguity as to how you are referring customers to us, we will require you to provide us with such information before we make payment to you.
In the event of any chargeback(s), refund(s) or cancellation(s) 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 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 are liable to authorize us 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.
9Intellectual Property:
Unless otherwise expressly indicated, we are the sole and exclusive owners of all intellectual property rights (“IP Rights”) on our site, including but not limited to, all code, text, sound, video, graphics, photographs and other images that form a part of the site.
We shall be the sole and exclusive owners of all IP Rights which may exist in all future updates, additions and alterations to our site.
By admitting you into the Affiliate Program, we grant you a non-exclusive, non-transferable, royalty-free license to use our trademarks, “Ivacy” and “Ivacy VPN” (our “Trademarks”).
You may use our trademarks only to the extent required to establish links and perform your obligations as an Affiliate under these terms (e.g. to illustrate an article or a link). Examples of prohibited activity include placing affiliate links on a website which uses one or more of our trademarks in its domain name (e.g. www.IvacyDiscount.com) or on a website which could give the impression that it’s operated by us. If you use any videos produced by us, you may not edit such videos or any links embedded within them.
In the event that you wish to use our trademarks for any purposes outside of these terms, you must not do so without our prior written consent, the granting of which will essentially depend on our sole discretion.
By accepting these terms you hereby agree that:
Our trademarks shall remain the property of Ivacy unless and until we assign those marks to a third party; nothing in these terms shall be deemed to confer any ownership rights in our trademarks on you; and you shall not contest the validity of our trademarks.
10Liability:
By accepting these terms you agree that you shall indemnify us in full against all liability, loss, damages, costs and expenses (including legal expenses) awarded against or incurred or paid by us as a result of, or in connection with: breach of any warranty given by you in relation to your website; any claim that your website infringes the patent, copyright, trademark or other intellectual property rights of any other person, except to the extent that the claim arises from compliance with any terms stipulated by us; and any act or omission by you or your employees, agents or sub-contractors in performing your obligations under these terms.
We shall not be liable to you for any indirect or consequential loss that you may suffer even if such loss is reasonably foreseeable or if we have been advised of the possibility of such loss being incurred.
11Term and termination:
This agreement will come into force when your application to join the Affiliate Program is approved by us, and shall continue to be binding unless and until either you or the organization, notifies the other in writing that it wishes to terminate this agreement, in which case this agreement will be terminated immediately.
For the purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
Notwithstanding the other provisions of this clause, we may immediately terminate this agreement without any prior notice if we determine, at our sole discretion: that you or any of your referred customers are engaged in fraud or are suspected of being engaged in fraudulent activity; that we have doubts in respect of your true identity and that you are unable to provide us with appropriate identification to effectively verify your identity; we have detected that you are located in one of the blocked countries (including if you have used a VPN to bypass our restrictions on these countries); that any of your activities pose a risk to the integrity of the Program; and/or that you are involved in spreading negative sentiments/views about us.
12Use of Information:
You acknowledge that your personal information ( i.e. any information about you from which you can be personally identified, such as your name, address, telephone number or email address) may be used by us for the following purposes: to set up and maintain your account with us; and for the provision of the services to which this Program relates; to comply with relevant regulations regarding your registration with us, including verifying the information which you provide to us; to monitor activities in order to detect fraudulent or otherwise unlawful, criminal or improper activities (including money laundering) and breaches of these terms; and to investigate and/or prevent any such activities; to report any such activities to any relevant authorities or other online service providers; to keep you informed of future events, offers and promotions in relation to your account; and to provide you with important information about your account; for any other purpose which is necessary for the performance of our contractual obligations to you, or for enforcing your compliance with your contractual obligations to us.
You hereby agree to the use of your personal information as set out above by us, including the disclosure by us to relevant third parties for such purposes, including but not limiting to: identify and/or age verification agencies, and/or credit checking agencies; relevant authorities, other online service providers, banks, credit card companies, electronic payment providers or other financial institutions, and you hereby agree to cooperate fully with us in respect of any such investigation of activities which it or any such third party may carry out.
13General:
Communications: The terms are in English Language, and any contract and other communication between you and us shall be in the said language. The law requires that some of the information or communications we send to you is in writing. You accept that communication with us will be mainly electronic, through our site or by e-mail, and that this constitutes written communication.
When contacting you, we will use the telephone, e-mail or postal address you provide to us when registering or any replacement to those details that you have entered into your account on our site.
Any official communication or notice from you should be sent to our postal and e-mail addresses.
Entire agreement: These terms and the material referred to in the terms:
(i) set out the entire agreement between you and us regarding our site and the Program;
(ii) supersede all previous or existing representations, agreements or communications between you and us regarding our site or the Program. We will not be bound by any obligation, condition or other provision that is different from or in addition to those set out in these terms unless authorized by one of our directors and specifically stated to be a variation of these terms.
Invalid terms:
If any part of these terms is found to be invalid or unenforceable, the remainder of the terms shall not be affected.
Transfer of rights and obligations: The contract between you and us (as set out in these terms) is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose off your contract with us, or any of your rights or obligations arising under it, without our prior written approval. We may transfer, assign, charge, sub-contract or otherwise dispose off of our contract with you, or any of our rights or obligations arising under it, at any time.
Delays in enforcement: If we fail to insist upon strict performance of any of your obligations, or if we fail to exercise any of our rights or remedies, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
Laws and disputes: These terms, the formation of the contract between us, use of our site, use of our services, and any dispute or claim arising out of any of them (including non-contractual disputes or claims), are governed by the laws of Hong Kong. All disputes between us shall be decided only by the courts within Singapore, except that we may enforce any judgment anywhere in the world where you may have assets or be located.
Limited Liability: Ivacy shall not be liable under any circumstances for any special, consequential, incidental or punitive damages arising out of, or in any way, connected with this Agreement and/or any services and products that you may choose to purchase or use, including but not limited to: damages for lost profits, loss of service use, loss of data, loss of privacy, damages to third parties. This limited liability clause shall apply even if Ivacy has been notified of the possibility of any claims. In no event shall Ivacy’s maximum liability exceed the total amount paid by you for the service or the product.
Important Note:
While Ivacy may change its Terms & Conditions over time, the latest iteration of these Terms & Conditions will always be available at https://www.ivacy.com/legal/. The right to revise Terms & Conditions, as and when necessary, will be at the sole discretion of the management of of the organization. However, Ivacy will notify you of any material changes to Terms & Conditions through an update or email. If a user continues to use Ivacy after the Terms & Conditions have been modified, it will be treated as an agreement by the user to the revised Ivacy Terms & Conditions.
