Partnership agreement
Parties to this agreement1.1. The Partnership Agreement is concluded between Company SUNSHINE ECOMMERCE LLC, a legal entity registered under adress 119 Scott Street Wausau WI 54403 US, and acting on behalf of and in the interest of shareasale.com, and a natural or legal person (except stateless persons and natural persons under 18 years of age) (hereinafter referred to as «Partner»), collectively called «Parties» and separately - «Party»concluded this Agreement (hereinafter referred to as the «Agreements») on the following.1.2. The agreement shall enter into force from the moment of its reading by the parties, also from the moment of signature or from the moment of pressing the button «Agree»/ "Accept". YOUR ACCEPTANCE AND CONSENT TO THESE TERMS IS A PREREQUISITE. BY PARTICIPATING IN THE AFFILIATE PROGRAM OF THE COMPANY, YOU (PARTY) SIGNIFY YOUR ACCEPTANCE AND CONSENT TO ALL TERMS OF THIS AGREEMENT. IF THIS AGREEMENT IS NOT ACCEPTABLE TO THE WSA (PARTY), YOU (PARTY) MUST IMMEDIATELY STOP USING THIS AFFILIATE PROGRAM.
1.2. The Agreement comes into force from the moment it is read by the Parties, also from the moment of signing or from the moment of clicking the "Agree" / "Accept" button.
YOUR ACCEPTANCE AND ACCEPTANCE OF THESE TERMS IS A PREREQUISITE. BY PARTICIPATING IN THE COMPANY'S AFFILIATE PROGRAM, YOU (THE PARTY) INDICATES ITS ACCEPTANCE AND AGREEMENT WITH ALL THE TERMS OF THIS AGREEMENT. IF THIS AGREEMENT IS NOT COMPLETELY ACCEPTABLE TO YOU (THE PARTY), YOU (THE PARTY) YOU MUST IMMEDIATELY STOP USING THIS AFFILIATE PROGRAM.
2. Terminology
2.1. Customer is a legal entity or individual who, on the basis of certain agreements with the Company, has made a purchase of a product or services.
2.2. Partner is an individual or legal entity registered on the service and using a referral link, having rights and obligations under this Agreement and other agreements between him and the Company.
2.3. An affiliate program is a set of software and marketing components, with the help of which a sold product or service is fixed and further remuneration is paid to the partner.
3. General provisions
3.1. Under this Agreement, the Partner, on his own behalf, at his own expense, but in the interests of the Company, performs actions aimed at finding and attracting Customers for further provision of services by the Company, and the Company undertakes to pay remuneration to the Partner in the amount and in accordance with the procedure provided for in this Agreement.
3.2. The Partner is not the owner and/or the service provider, but performs only the intermediary function of an agent between the Company, the service provider, and the Clients.
3.3. Under no circumstances does this Agreement constitute a joint venture and/or a relationship between an employer and an employee. The Partner may carry out activities and represent himself in relations with third parties only as a Partner of the Company and in no other capacity.
3.4. The Partner's participation in the affiliate Program is free of charge.
The company is constantly developing and improving the services of its affiliate program. In this regard, the Company reserves the right to completely or partially stop one of the services if it is required to carry out preventive maintenance, improve the functions of the service or change the service provided.
4. Rights and obligations of the parties
4.1. Obligations of the Partner:
4.1.1. The Partner undertakes to ensure that the activities carried out comply with the legislation of the country of his residence.
4.1.2. The Partner undertakes not to take any actions affecting the operation of the affiliate program. Such actions are understood as attempts to technically affect the performance of the company's servers, attempts to hack protection mechanisms, use viruses, Trojans, and other malicious programs for any of their purposes. Use brut force attacks, DoS (DDoS) attacks, spam, link usage and any other processes.
4.1.3. The Partner is obliged to act in good faith and solely in the interests of the Company, and under no circumstances violate the obligations imposed on him by this Agreement.
4.2. The Partner has the right to:
4.2.1. To search for Clients who meet the requirements of the Company, to identify the interest of Clients in the Company's services, to inform the Company about the data received.
4.2.2. Inform potential Customers about the Company's field of activity and services.
4.2.3. To acquaint Clients with the official website of the Company by providing their referral link.
4.2.4. To contribute to increasing the level of trust of potential Customers and other persons in the Company and its services.
4.2.5. Receive remuneration from the Company in accordance with the terms of this Agreement. The currency of payment of partner charges is the American dollar (USD).
4.2.6. The Partner has other rights provided for by the provisions of this Agreement and the current legislation of the country of registration of the Company.
4.3. The Partner is prohibited from:
4.3.1. Carrying out activities that contradict the laws of your country of residence, as well as the laws of the United States.
4.3.2. The use of a referral link in paid advertising or advertising for any other types of rewards.
4.3.3. Use "self-referral" - pay for your account using your own referral link, or create several accounts by associating a secondary account(s) with the main one, with the main goal being to receive cost compensation. This includes making payments via a referral link from the same IP address ("one IP address" refers to a situation in which two or more users have ever used the same IP address). In this case, no bonuses will be awarded.
4.3.4. Place a referral link on coupon aggregator sites and/or any other services whose main activity is the distribution of discounts, coupons, promo codes, etc.
4.3.5. Use and indicate irrelevant, biased and false information by referring to or mentioning the service. This includes reliable data on current marketing offers (promotions). The indication of unreliable or irrelevant data may be the basis for suspending cooperation with a Partner.
4.3.6. To perform actions that may entail the occurrence of any obligations for the Company to third parties who are not Customers of the Company.
4.4. The Company is obliged to:
4.4.1. Promptly pay the Partner the remuneration provided for in the terms of this Agreement.
4.4.2. Provide the Partner with instructions and recommendations on the performance of duties that are the subject of this Agreement.
4.4.3 Perform other duties provided for in this Agreement.
4.5. The Company has the right to:
4.5.1. To exercise control over the activities of the Partner in terms of performing its partner functions provided for in this Agreement.
4.5.2. The Company has the right to terminate the agreement unilaterally in case of violation or non-fulfillment by the Partner of the terms of this Agreement, as well as in the following cases:
• The use of advertising methods that make it possible to register a paid action, but force the visitor to perform these actions through deception,
• Actions of the Partner that negatively affected the business image and reputation of the Company;
4.5.3. In cases of violation by the Partner of the terms of this Agreement, block the Partner's account with all earned remuneration.
4.5.4. The Company has other rights provided for by the provisions of this Agreement and current legislation.
5. Determination of income and mutual settlements of the parties
5.1. For the execution of orders under this Agreement, the Company pays the Partner remuneration, the amount of which is set out in this Agreement.
5.2. The Partner receives remuneration from the Company, which directly depends on the success of his actions and advertising campaigns
5.3. In addition to the agreed remuneration due to him, the Partner is not entitled to reimburse him for the costs incurred for using third-party services, programs or services, even if these costs were associated with his advertising activities within the framework of the affiliate program.
5.4. The right to receive remuneration is exercised only if all the following conditions are fulfilled in the complex:
• As a result of the Partner's promotional activities, a successful transaction was concluded between the Company and the Client brought to it;
• The transaction was brought to a full financial settlement with the Company and confirmed by the partner program software;
• The Partner has not violated the terms of this Agreement.
5.5. Remuneration is paid in accordance with the rules of the service shareasale.com
5.7. The calculation and payment of remuneration should be carried out no more than every 5 days.
5.8 If the Partner does not withdraw the bonuses earned through the referral link to his account, then he has the right to pay with these bonuses for the Tariff Plan. At the same time, the amount of bonuses will be increased by 50%.
5.9. The payment is considered made, and the Company's obligations to pay the Partner's remuneration are fulfilled, from the moment the funds (the amount of remuneration) are debited from the Company's current account.
6. The amount of the partner's remuneration
6.1. The Company pays remuneration to the Partner in the amount of:
17% or higher if this is specified as part of the agreement on the site shareasale.com , http://www.shareasale.com/join/155441
7. Confidentiality
7.1. The rules of confidentiality of the affiliate program do not contradict and fully comply with the Privacy Policy.
8. Liability and limitation of liability
8.1. The Company is not responsible for damage or interference caused by the contents of third-party webpages, errors in the software or hardware of the partner program participants, as well as for damage caused by insufficient availability or limited functionality of the Internet.
8.2. The Company is otherwise responsible for:
8.2.1. Intentional actions or gross negligence of its legal representatives or senior staff;
8.2.2. Violation of the essential obligations of the Agreement, which make it possible to carry out the execution of this Agreement and on the fulfillment of which the other party constantly relies in confidence.
8.3. Financial liability is limited to compensation for real damage, which will be determined by the participants or by a court decision.
9. The term of this Agreement
9.1. This Agreement is concluded for an indefinite period. The Partner can terminate the Agreement by deleting the account by writing an email to the support service.
9.2.If the Partner has the amount of unpaid remuneration in his personal account, it will be paid to the account previously set by him in his personal account in the next payment period.
9.3. All transactions completed by the time of termination of the Agreement will be processed in the usual manner
10. Final provisions
10.1. The Company reserves the right to change the less important provisions of this Agreement without justification and at any time, if these changes do not affect the main provisions of this Agreement. Notification of changes is sent by e-mail at least 5 (five) days before the entry into force.
10.2. If the Partner does not object in writing to the changes within 5 (five) days from the moment they are received by his email address, the changes will take effect for him.
10.3. If the Partner objects to the changes, then this agreement is considered terminated.
10.5. If certain provisions of this Agreement become invalid in whole or in part, the validity of the remaining provisions remains in force. A provision that has become invalid is considered to be replaced by another one that is closest in meaning and purpose. The same applies to possible omitted provisions of this Agreement.
10.6. This Agreement may be terminated unilaterally at the initiative of the Company, in case of violation by the Partner of the obligations specified in this Agreement. The Agreement is considered terminated due to the circumstances specified in this paragraph, after 24 hours from the date of sending an email notification of termination to the Partner's email address, the fact of receiving and reading the notification of termination by the Partner in this case does not matter.
