We’re glad to have you with us. Before we begin, please review and agree to our terms and conditions. This will activate your account so you can start making money!
This Affiliate Program Agreement("Affiliate Program" or "Agreement") is made and entered into by and between Whiplr("We","Our","Whiplr" or "Company"), and you, ("you" or "Affiliate") the party submitting and application to become a Whiplr affiliate. Each Affiliate Program offer (an "Offer") may be for any offering by Whiplr and may link to a specific web site for that particular Offer ("Program Web Site"). Furthermore, each Offer may have additional terms on pages within the Affiliate Program and are incorporated as part of this Affiliate Program. By submitting an application or participating in an Offer, you expressly consent to all the terms and conditions of this Agreement.
Subject to our acceptance of you as an affiliate and your continued compliance with the terms of this Affiliate Program, Whiplr agrees as follows:
2.1 We will make available to you via the Affiliate Program graphic, QR Codes and textual links to the Program Application and/or other creative materials (collectively, the "Links") which you may display on web sites owned and/or controlled 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.
2.2 We will pay Affiliate for each legitimate Sign-up ("Sign-up ").
A "legitimate Sign-up " means an individual person who (i) accesses the Program Application via the Link, where the Link is the last link to the Program Application, (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 human being, (iii) is not using pre-populated fields (iv) completes all of the information required for such sign-up, within the time period allowed by Whiplr and (v) is not later determined by Whiplr to be fraudulent, incomplete, unqualified and/or a duplicate.
2.3 We will pay you any Commissions earned monthly, provided that your account balance is currently $50 or greater. Accounts with a balance of less than $50 will roll over to the next month, and will continue to roll over monthly until $50 is reached. We reserve the right to charge back to your account any previously paid Sign-ups that are later determined to have not met the requirements to be legitimate Sign-ups.
2.4 Whiplr Affiliates are independent contractors and there are no employment relationship between the Company and the Affiliate. The Affiliate is solely responsible for any taxes and/or social security costs due as a result of any payments received from the Company.
2.5 Payment for Sign-ups is dependent upon members providing such funds to Whiplr, and therefore, you agree that Whiplr shall only be liable to you for Sign-ups to the extent that Whiplr has received such funds from the members. You hereby indemnify Whiplr from any claim for Sign-ups if Whiplr has not received such funds from the members.
2.6 You also agrees to:
2.6.1 Have sole responsibility for the operation and maintenance of all content on or linked to your Media.
2.6.2 Ensure that all materials posted on your Media or otherwise used in connection with the Affiliate Program (i) are not illegal, (ii) does not infringe upon the intellectual property and/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, promotes any illegal activities, is targeted at underage minors, contains profanity or otherwise contains materials that Whiplr informs you that it considers objectionable (collectively, "Objectionable Content").
2.6.3 Not make any representations, warranties or other statements concerning Whiplr and/or its’ members or any of their respective products or services, except as expressly authorized herein.
2.6.4 Make sure that your Media does not copy or resemble the look and feel of the Program Application or create the impression that your Media is endorsed by Whiplr.
2.6.5 Comply with all obligations, requirements and restrictions under this Agreement and all regulations as they relate to your business, your Media and/or your use of the Links.
2.6.6 Comply with the terms, conditions, guidelines and policies of any 3rd party services used by an Affiliate in connection with the Affiliate Program, including but not limited to, content providers, social networking services and ad networks.
2.6.8 Always prominently post and make available to end-users any terms and conditions in connection with the Offer set forth by Whiplr, or as required by applicable laws regarding such Offers.
3.1 Email Campaigns. Advertising Whiplr and services through the use of e-mail and/or links within e-mail is not permitted.
3.2 Whiplr reserves the right to suspend and/or terminate any affiliate account without further notice or pay if it is discovered that the affiliate (or someone acting on his behalf) has violated this rule.
3.3 Spamming of any sort and/or violations of any laws and/or the applicable Whiplr rules and regulations will result in the immediate ban from the affiliate program without pay.
3.4 Advertising Campaigns. No Links can appear to be associated with or be positioned in chat rooms or on bulletin boards unless otherwise agreed by Whiplr in writing.
3.5 Any pop-ups/unders and/or push notifications used for the Affiliate Program shall be clearly identified as Affiliate served in the title bar of the window or notification and any client-side ad serving software used by Affiliate shall only have been installed on an end-user's computer/mobile if the function of the software is clearly disclosed to end-users prior to installation, the installation is pursuant to an affirmatively accepted and plain-english end user license agreement and the software be easily removed according to generally accepted methods.
3.6 Affiliate Network Campaigns. For all Affiliate's that maintain their own affiliate networks, Affiliate agrees to place the Links in its affiliate network (the "Network") for access and use by those affiliates in Affiliate's Network (each a "3rd Party Affiliate").
3.7 Affiliate agrees that it will expressly forbid any 3rd Party Affiliate to modify the Links in any way. Affiliate agrees to maintain its Network according to the highest industry standards.
3.8 Affiliate shall not permit any party to be a 3rd Party Affiliate whose web site, Application or business model involves content containing Objectionable Content.
3.9 Affiliate must require and confirm that all 3rd Party Affiliates affirmatively accept, through verifiable means, this Agreement prior to obtaining access to the Links.
3.10 Affiliate shall promptly terminate any 3rd Party Affiliate who takes, or could reasonably be expected to take, any action that violates the terms and conditions of this Agreement.
3.11 In the event that either party suspects any wrongdoing by a Third Party Affiliate with respect to the Links, Affiliate shall promptly disclose to Whiplr the identity and contact information for such 3rd Party Affiliate.
Except as otherwise provided in this Agreement or with the consent of Whiplr, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Affiliate Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you. Affiliate shall not use any information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Affiliate Program, or assist another party to do the same.
Affiliates are not allowed to modify the company and/or Application’s logos in any shape and/or form. Affiliates are not allowed to register any domain and/or Application names which are identical to or similar to Whiplr brand and trademarks, both registered marks and unregistered marks. Affiliates are specifically prohibited from creating negative sites in order to drive traffic towards Whiplr. Any use of our trademarks, registered and unregistered is prohibited without our express permission. Affiliates are not allowed to copy or "lift" text or photos or any other content from Whiplr. Failure to comply will result in the immediate termination from the affiliate program without payment. It is prohibited to post any information that does not correspond to the authentic data about the services offered by Whiplr and may affect the Whiplr's reputation or be a reason for customer complaints. Any trademarks of the Google and Apple companies and their subsidiaries including but not limited to Google Play and iTunes are prohibited to be used on any adult, pornographic, sexually explicit,offensive or objectionable creative and promotional pages. It is prohibited to abuse any 3rd party’s copyright and/or trademarks.
Whiplr grants you a nonexclusive, nontransferable, revocable right to use the Links and to access the web site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of identifying your Media as a participant in the Affiliate Program and assisting in increasing sales through the Program Application. You may not alter, modify, manipulate or create derivative works of the Links or any Whiplr’s graphics, creative, copy or other materials owned by, or licensed to, Whiplr in any way without prior written consent. You are only entitled to use the Links to the extent that you are a member in good standing of the Affiliate Program. Whiplr may revoke your license anytime without prior notice and for any reason. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of Whiplr’s trademarks, service marks, copyrights, patents or trade secrets.
This Agreement shall commence on the date of our approval of your Affiliate Program application and shall continue thereafter until terminated by either party as provided herein. You may terminate your participation in the Affiliate Program at any time by removing all Links from your Media, deleting all copies of the Links. Whiplr may terminate your participation in one or more Offers or this Agreement at any time and for any reason which we deem appropriate without prior notice to you by disabling the Links. Upon termination of your participation in one or more Offers or this Agreement for any reason, you will immediately cease all use of and delete all Links and will cease representing yourself as a Whiplr affiliate for such one or more Offers. All rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination.
Although all affiliate applications are automatically approved, Whiplr reserve the right to suspend,reject and/or terminate any affiliate without payment, at its sole discretion, when:
7.1 Our terms and conditions have been breached;
7.2 Our PPC, PPS and email Policy guidelines have not been properly followed;
7.3 Your site and/or Application has been using our brand name to promote a dating site that is not part of our portfolio;
7.4 Your site and/or Application only contains banners;
7.5 Your site and/or Application is not available or is returning an error;
7.6 Your site and/or Application contains unacceptable or offensive materials;
7.7 You are operating an automatic re-direct from your site to one of our domains;
7.8 Your site and/or Application contains illegal, pornographic, offensive and/or otherwise objectionable content;
7.9 Your site and or Application is found to be targeting underage minors.
8.1 The Company may, at its sole discretion, invite specially selected Whiplr Elite users to participate in a special program designed specifically for those Selected Elite
8.2 Participants in the selected Elite program agree to be bound by the Whiplr terms found at (http://whiplr.com/home/terms) as well as any additional guidelines.
8.2 Revenue share affiliate programs are excluded for participation by Selected Elite users.
In addition to any other rights and remedies available to us under this Agreement Whiplr reserves the right to delete any actions submitted through your Links and withhold and freeze any unpaid Commissions or charge back paid Commissions to your account if :
a. Whiplr determines that you have violated this Agreement,
b. Whiplr receives any complaints about your participation in the Affiliate Program Whiplr reasonably believes to violate this Agreement,
c. Any legitimate Sign-up is later determined to have not met the requirements set forth in this Agreement or on the Affiliate Program.
Such withholding or freezing of Commissions, or charge backs for paid Commissions, shall be without regard as to whether or not such Commissions were earned as a result of such breach. In the event of a material breach of this Agreement, Whiplr reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any 3rd party that has been directly damaged by your actions.
You are expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with referrals through the Links or the generation of Commissions or exceed your permitted access to the Affiliate Program. Such acts include, but are in no way limited to, using automated means to increase the number of clicks through the Links or completion of any required information, using spyware, cookie-stuffing and other deceptive acts or click-fraud. Whiplr shall make all determinations about fraudulent activity in its sole discretion.
You hereby represent and warrant that this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms and that you have the authority to enter into this Agreement. Subject to the other terms and conditions of this Agreement, Whiplr represents and warrants that it shall not knowingly violate any law, rule or regulation which is applicable to Whiplr's own business operations or Whiplr's products or services.
We reserve the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the Services. All material modifications will apply prospectively only. Your continued use of the Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Services immediately. In addition, Whiplr may change, suspend or discontinue any aspect of an Offer or Link or remove, alter, or modify any tags, text, graphic or banner ad in connection with a Link. Affiliate agrees to promptly implement any request from Whiplr to remove, alter or modify any Link, graphic or banner ad that is being used by Affiliate as part of the Affiliate Program.
Affiliate hereby agrees to indemnify, defend and hold harmless Whiplr and their respective subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses based on (i) any failure or breach of this Agreement, including any representation, warranty, covenant, restriction or obligation made by Affiliate herein, (ii) any misuse by Affiliate, or by a party under the reasonable control of Affiliate or obtaining access through Affiliate, of the Links or (iii) any claim related to your Media, including but not limited to, the content contained on such Media.
THE AFFILIATE PROGRAM AND LINKS, AND THE PRODUCTS AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED TO AFFILIATE "AS IS". EXCEPT AS EXPRESSLY SET FORTH HEREIN, WHIPLR DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WHIPLR DOES NOT WARRANT THAT THE AFFILIATE PROGRAM OR LINKS WILL MEET AFFILIATE'S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE AFFILIATE PROGRAM OR LINKS WILL BE COMPLETELY ERROR- FREE OR UNINTERRUPTED. WHIPLR DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A CLIENT OR THEIR PRODUCTS OR SERVICES. WHIPLR DOES NOT GUARANTEE THAT AFFILIATE WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.
IN NO EVENT SHALL WHIPLR BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE LINKS, PROGRAM APPLICATIONS, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF WHIPLR. IN NO EVENT WILL WHIPLR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY / WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WHIPLR HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. WHIPLR 'S CUMULATIVE LIABILITY TO AFFILIATE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO AFFILIATE BY WHIPLR IN COMMISSIONS DURING THE THREE (3) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.
This Agreement shall be governed and construed in accordance with the laws of Hong Kong, and shall be subject to the jurisdiction of the competent courts of Hong Kong, whose jurisdiction shall be exclusive.
This Agreement contains the entire agreement between Whiplr and you with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Affiliate agrees that Whiplr shall not be subject to or bound by any Affiliate insertion order or online terms and conditions that amend conflict with or supplement this Agreement.
Affiliate may not assign all or any part of this Agreement without Whiplr's prior written consent. Whiplr may assign this Agreement at any time without any prior notice to Affiliate.
This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto.
Each party to this Agreement is an independent contractor in relation to the other party with respect to all matters arising under this Agreement.
Nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties. No course of dealing nor any delay in exercising any rights hereunder shall operate as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.
By submitting and application to Affiliate Program, you affirm and acknowledge that you have read this Agreement in its entirety and agree to be bound by all of its terms and conditions. If you do not wish to be bound by this Agreement, you should not submit an application to Affiliate Program.
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