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YOUR BIGGEST LAUNCH EVER AFFILIATE TERMS
The following Affiliate Agreement (“Agreement”) is entered into by and between Jasmine Star Juarez, LLC. (“Company”, “we”, or “us”) and the party submitting an application to become an affiliate of the Company and/or having an accepted application (“Affiliate” or “You”).
The Company has set up a program for affiliates to promote its products in exchange for a share of the proceeds of any sales of the Company’s Your Biggest Launch Ever ™ course (the “Affiliate Program”). Except as modified by a separate agreement governing the promotion of any particular product, the terms of this Agreement apply to your participation in the Company’s Affiliate Program.
By submitting an application to participate, and/or by otherwise participating, in the Affiliate Program you are expressly agreeing to the terms and conditions set out in this Agreement and in any agreement that might apply to individual products.
Application & Acceptance
To participate in the Affiliate Program, you must complete an Affiliate Program application (“Application”). You are required to answer all questions in that Application, and your answers must be accurate and complete.
To participate in the Affiliate Program, you must provide the Company with your true identity and other contact information, as well as business and banking information as requested. You may not use any alias, pseudonym, persona, pen name, DBA, or other means to mask your identity or business details.
The Company will rely upon the information provided in your Application, and any false information will be a basis to reject your Application or to terminate your status as an Affiliate without compensation if discovered after you are approved.
The Company will review your Application and decide whether to accept you as an Affiliate. We will notify you in due course of your acceptance or rejection as an Affiliate. We may accept or reject your Application at our sole discretion for any or no reason.
Upon acceptance into the Affiliate Program, you will receive an email notifying you of your acceptance and that includes your Affiliate credentials (including details about how to obtain your links to share and other important information).
The Company will pay Affiliate a fee (a “Commission”), for each customer acquired as a result of being referred to the Company using the unique tracking links assigned to the Affiliate (“Affiliate Links”). The tracking and attribution of sales to Affiliates based upon their tracking links is done automatically by the Company’s marketing automation system. Affiliates shall be paid only for sales that are tracked through the Company’s marketing automation system and indicate the Affiliate Link as the source of the sale. The Company intends to use a 120-day cookie as part of its affiliate tracking.
Affiliate shall receive a Commission payment equal to 50% of the gross revenue for each sale of Your Biggest Launch Ever™ course attributed to Affiliate using your Affiliate Link.
Affiliate agrees that the Company shall only be liable for payment of the Commissions to the extent it receives all funds due and owing to it from the relevant customer after the refund period has passed. Accordingly, Affiliate shall not be entitled to any Commission on a sale that is refunded, for which there is a chargeback, or for which the Company ultimately does not receive the sales proceeds, including as a result of credit card abuse or fraud.
The Company shall pay Commissions on the 20th day of the following month. For example, Commissions earned in June will be paid on the 20th day of July. This excludes the initial payment after a launch which is on a unique day based on the date of cart closing.
Taxes and Payment Gateways
Affiliate shall not be eligible to receive any payments from the Company until Affiliate has submitted the appropriate tax forms and has set up a proper payment gateway.
Affiliate shall be required to complete either a W9 or a W8BEN. It is Affiliate’s sole responsibility to provide the required forms in a timely manner. No payments shall be made to Affiliate until all necessary forms have been approved by Company.
The Company shall pay any sums due to Affiliate as set forth below via Plooto. Affiliate shall be responsible for providing all necessary business information and banking details to facilitate the use of the payment method. In rare situations that we are unable to complete the payment via Plooto, we may submit the payment via PayPal. Payments will only be made to those who are owed $100.00 USD or greater for the applicable payment period. If an Affiliate has not earned $100.00 USD in a given payment period, the amount will roll over and be paid during the next payment period in which the $100.00 USD threshold has been reached.
Right To Chargeback, Offset, and Holdback
Affiliate agrees that the Company shall have the right to charge back the Affiliate’s account or otherwise adjust for any previously paid Commissions that ultimately are not commissionable under this Affiliate Agreement. Specifically, if a sale attributed to an Affiliate is charged back, refunded for any reason, or otherwise challenged after the Commission has been paid, the Company shall have the right to charge back the Commission paid to the Affiliate.
Affiliate further agrees that the Company shall have the right to offset any Commissions due and payable to the Affiliate to account for any charge backs the Company experiences on sales for which Affiliate has already received a Commission.
Affiliate further agrees that the Company may hold back up to 20% of the Commissions due (“the Holdback”) for a period of 90 days to ensure an ability to offset any chargebacks. In the event that the Affiliate’s chargeback percentage exceeds the Holdback for a period of two consecutive months, the Company shall have the right to increase the percentage of commissions held back from Affiliate. The Company shall provide written notice of any such increased holdback percentage that shall apply to Affiliate.
Representations and Warranties
The Company represents and warrants:
- that it shall not knowingly and intentionally violate any law, regulation, or rule applicable to the Affiliate Program;
- that the products and/or services offered in connection with the Affiliate Program are legal products and services within the Company’s jurisdiction;
- that it intends to be bound by the mutual promises, terms, and conditions of this Agreement; and
- that it has the necessary intellectual property and other rights to offer the products that are available for promotion under the Affiliate Program.
Affiliate represents and warrants:
- that Affiliate has read this Agreement, understands its terms, and agrees to be bound by this Agreement;
- that this Agreement constitutes Affiliate’s valid and binding agreement and was executed by a person with authority to bind the Affiliate;
- that Affiliate’s answers to the questions in the Application were truthful and accurate to the best of Affiliate’s knowledge;
- that Affiliate will comply with CAN-SPAM, GDPR, and CA-SL requirements in connection with email marketing;
- that Affiliate will comply with all applicable Federal Trade Commission rules, regulations, and guidelines related to affiliate marketing;
- that Affiliate will not make use of the Company’s name, trademark, or service mark in any manner other than expressly allowed under the Affiliate Program; and
- that Affiliate will not engage in any behavior that violates the terms of this Agreement or that constitutes an attempt to fraudulently or deceptively increase the earnings of Affiliate under this Affiliate Program.
Promotional Materials, Limited License, and Intellectual Property
From time to time, the Company may make materials available to Affiliate for use in promoting the Company’s products (“Promotional Material”). The Promotional Material may include the Company’s logos, images of products that are part of the Affiliate Program, display banner advertisements, button links, text links, and other graphic and textual material for use in Affiliate’s promotion efforts.
Upon acceptance into the Affiliate Program, the Company grants Affiliate a revocable, non-exclusive, worldwide, royalty-free license to use the Promotional Material during the term of this Agreement. The Affiliate may use the Promotional Material on its website, in emails, and in other promotional activities.
Affiliate may use any such Promotional Material solely for the purpose of promoting the Company’s products and/or for linking to the Company’s website. Affiliate may not make any other use of the Promotional Material and shall not state or imply that the Company has endorsed the Affiliate. Affiliate agrees to use any Promotional Material that is required by the Company.
Affiliate agrees not to alter, add to, subtract from, or otherwise modify any of the Promotional Material provided by the Company without the express written consent of the Company. Moreover, Affiliate may not make any derivative works using the Promotional Materials.
Affiliate shall not, directly or indirectly, use for his or her own benefit (other than to fulfill his or her obligations hereunder) or disclose to any third party any of the Company’s Confidential Information (as defined below) without the Company’s prior written permission in each instance. Confidential Information means all non-public information of Company, including, without limitation, this Affiliate Agreement, sales figures, software passwords, Company list size, list contents, ideas, stories, activities, curriculum, event format, presentation materials, presentation content, inventions, financial information, business plans, business processes, marketing plans, marketing strategies, marketing copy, financial projections, customer lists, customer financial information, personal information of executives, sponsorship strategies, relationships with other vendors, media delivery concepts and systems, including, but not limited to, web-based delivery systems, technical data, software designs, drawings, specifications, models, source code, object code, documentation, diagrams, flowcharts, and other similar information that is proprietary to and confidential information of Company.
This Agreement imposes no obligation of confidentiality on Affiliate with regard to any portion of the Company’s Confidential Information (a) that is generally available to the public at the time of disclosure; (b) that becomes generally available to the public without any breach of this Agreement by Affiliate; or (c) that Affiliate can demonstrate by written records they had independently developed without any access to or usage of the Confidential Information.
In the event Affiliate becomes or may become legally compelled to disclose any Confidential Information (whether by deposition, interrogatory, request for documents, subpoena, civil investigative demand or other process or otherwise), Affiliate shall provide to Company prompt prior written notice of such requirement so that Company may seek a protective order or other appropriate remedy and/or waive compliance with the terms of this Section. In the event that such protective order or other remedy is not obtained, or that Company waives compliance with the provisions hereof, Affiliate shall furnish only that portion of the Confidential Information which he or she is advised by counsel is legally required to be disclosed, and shall use his or her best efforts to ensure that confidential treatment shall be afforded such disclosed portion of the Confidential Information. In general, Affiliate may not disclose any financial, personal, or business information about Company or its executives (including Jasmine Star Juarez) without permission from Company. Such disclosure is grounds for legal action, equitable relief, and termination of this Agreement.
Acceptable And Non-Acceptable Marketing Practices
Affiliate shall not promote Company’s products or services: (1) in conjunction with any illegal activity, (2) on any illegal website, (3) in a manner that a reasonable person would consider threatening, harmful, defamatory, obscene, sexually explicit, harassing, or promoting violence; (4) in a manner that promotes discrimination, (5) in any manner the Company in its sole discretion deems as objectionable, or (6) in a manner that infringes upon the intellectual property or related rights held by any third party, or (7) inside of any Company-managed Facebook groups.
Affiliate shall not offer or provide cash back, rewards or any other kind of incentive to obtain sales without the Company’s prior written approval.
Affiliate shall not stuff cookies or other tracking tags on a prospective user’s computer without any affirmative action by the prospective user. Prospective users that are only viewing your website, promotional content or advertisements, or while your applications are merely active or open, have not taken any affirmative actions.
Affiliate agrees that they will not attempt to generate commissionable sales in bad faith, including but not limited to using invisible methods to generate impressions, clicks or transactions that are not initiated by the affirmative and genuine action of a prospective user, or use any cookie, device, program, robot, iframe or hidden frame, pop-up window or any other operation or process that interferes with Company’s ability to properly identify and track transactions. Any method that artificially generates clicks, impressions, or activity is prohibited.
Without the Company’s prior written approval, Affiliate shall not (i) use any of the Company’s trademarks or Jasmine Star as a display URL in pay-per-click ads or to direct-link or redirect to any Company website, or (ii) bid on keywords or phrases containing any of the Company’s trademarks, or variations or misspellings of a trademarked term, on pay-per-click or pay-per-impression campaigns on search engines (Google, Yahoo, MSN, Ask, Bing, or other).
The Company reserves the right to request, and Affiliate agrees to provide, data regarding Affiliate’s promotional practices relating to the Company’s products or services, including every website and location where the Affiliate Link is offered. Failure to provide accurate and truthful information when requested by the Company may result in suspension or termination of an affiliate account and forfeiture of Commissions.
Term and Termination
This Agreement shall commence upon the date the Company notifies you that you have been accepted into the Affiliate Program and shall continue thereafter until terminated as provided herein.
The Company or you may terminate this Agreement at any time and for any reason by delivering written notice to the other party. In the event of termination, the Company will disable any tracking URLs, links, cookies, pixels, and similar mechanisms for use with the Affiliate Program. Upon termination, you shall immediately cease all use of the Promotional Materials and all of the Company’s intellectual property and will delete all copies of such materials in your possession. Furthermore, you shall immediately cease representing yourself as a participant in the Affiliate Program.
You shall be entitled to all validly accrued Commissions that have been earned prior to the termination of this Agreement.
Nature of The Relationship
The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
The Affiliate Program, any Promotional Material, and the products and services provided on connection therewith, are provided to Affiliate “as is.”Except as expressly set forth in this Agreement, the Company expressly disclaims to the maximum extent allowed by law, all warranties, express implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing, usage, or trade.The Company does not warrant that the Affiliate Program or Promotional Materials will meet Affiliate’s specific requirements or that the materials are error free or uninterrupted.The Company expressly disclaims any liability for any act or omission of any third-party provider not under the control of the Company, and their products and services.Affiliate expressly agrees and understands that the Company has not made any guarantee that Affiliate will earn any specific amount of Commissions and attests that no such representations or claims have been made.
Limitation of Liability
You release and hold harmless the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of participation in the Affiliate Program and/or any information and resources contained in the Affiliate Program. Other than payment of Commissions in accordance with this Agreement, to the maximum extent permitted by applicable law, in no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with your participation in the Affiliate Program, any delay or inability to use the Affiliate Program or related service, the Company’s provision of or failure to provide products or services, or for any information, software, products, services, and related graphics obtained through the Affiliate Program, or otherwise arising out of the use of the Affiliate Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some states or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. If you are dissatisfied with the Affiliate Program or any portion of it, your sole and exclusive remedies are to terminate your participation in the Affiliate Program and obtain Commissions due under this Agreement.
You expressly agree to present any and all claims you may have, now or in the future, arising out of or relating to the Affiliate Program exclusively through binding arbitration to occur in Newport Beach, California, USA. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any party related to you asserts against the Company. To the fullest extent permitted by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration proceeding. Each party shall bear its own attorneys’ fees and costs during the proceeding, but the prevailing party’s attorneys’ fees and costs shall be included in any award issued. Judgment on the award may be issued in any court of appropriate jurisdiction.
Choice of Law
This Agreement shall be governed by and interpreted under the laws of California and the United States, without regard to any conflict of laws provisions.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Affiliate’s breach of any provision of this Agreement, including the representations and warranties, (b) any misuse, fraud or deceptive, illegal, discriminatory or harassing conduct by Affiliate or any of its agents in connection with the Affiliate Program, and (c) any claims related to any promotional media created by Affiliate (excluding claims related to any Promotional Material provided by the Company).The Company hereby agrees to indemnify, defend, and hold harmless Affiliate, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of an allegation that the Company does not have the right to provide the Promotional Material or that the Promotional Materials violate a third-party’s rights.
The Company may modify this Agreement at any time by providing Affiliate with notification of the proposed changes by email at Affiliate’s email address, but any such changes will not alter the Company’s obligation to Affiliate with respect to any previously earned commissions. Any such changes shall become effective ten (10) business days after such notice.If the proposed modifications are unacceptable to you, you may terminate this agreement pursuant to the Termination clause above. Continued participation in the program shall constitute your acceptance of and agreement to the modification to this Agreement.
This Agreement constitutes the entire agreement between the Company and you with respect to the Affiliate Program, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the Company and you with respect to the Affiliate Program. A printed version of this Agreement and of any notice given in electronic form shall be admissible in any proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any term or provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
No waiver by any party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege preclude the exercise of any other or further right, remedy, power, or privilege.
The Company shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
For correspondence, contact: email@example.com.
Last updated: January 4, 2024
SOCIAL CURATOR SUBSCRIPTION AFFILIATE TERMS
ACCEPTANCE OF TERMS
The Affiliate Program Terms and Conditions (herein referred to as “the Agreement”) constitute a legal agreement between the affiliate program participant (herein referred to as “the Affiliate”) and Jasmine Star Juarez, LLC (herein referred to as “The Company”), legal owner of the domain name and website Social Curator and mobile app Social Curator (herein referred to as “the Website”). The Affiliate and/or the Company may also be referred to herein as a “Party” and collectively as the “Parties”. The Affiliate Program (herein referred to as “The Program”) allows the Affiliate to promote the Company’s services and receive commissions according to the terms and conditions listed below. The Affiliate acknowledges, agrees to, and is bound by these terms and conditions by signing up and participating in the Program.The Parties entering this Agreement are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the Parties. The Affiliate has no authority to make or accept any offers or representations on the Company’s behalf. The Affiliate cannot make any statement, whether on the Affiliate’s website or otherwise, that would reasonably contradict anything in this Agreement.
BECOMING AN AFFILIATE
In order to be able to participate as an Affiliate of The Program, applicants must be at least 18 years of age. Applicants must register an account via the Website. Once an account and profile have been created, the account holder can activate the affiliate link (a unique affiliate URL), which is accessible within the user menu of Social Curator (the Website).The Program is made available to any individual, company or organization that qualifies as described within the Terms of Service. The Applicant’s affiliate privileges may be suspended or revoked if it is determined that the applicant is unsuitable for the Program for any reason. Examples of applicant unsuitability include but are not limited to any previous history of the applicant not complying with Social Curator Affiliate Program Terms of Service, website or other activity that could be related to any unlawful, defamatory, obscene, harassing or otherwise objectionable activity (such as facilitating illegal activity, promoting violence, promoting or assisting others in copyright infringement, sending unsolicited email, or promoting activities that the Company feels may harm the Social Curator or Jasmine Star brands by association with the Program.)
AFFILIATE ROLES AND RESPONSIBILITIES
The Affiliate is responsible for providing full and accurate information upon registration for the program and keeping the profile information up-to-date. Failure to provide accurate information may result in any of the following: exclusion from the program, suspension or termination of the affiliate account, forfeiture of any commissions.
The Company reserves the right to contact the Affiliate and request additional data regarding all the websites where the affiliate promotes Social Curator and the promotional practices used by the affiliate, to which the Affiliate is required to provide truthful and detailed information. Failure to provide accurate and truthful information when requested by the Company may result in suspension or termination of the affiliate account and forfeiture of any commissions.
The Affiliate should act in good faith in his/her affiliate practices and refer customers in good standing.
If the Company detects a pattern in the practices used by the Affiliate that results in referring customers that are not in good standing, the Company reserves the right to suspend or terminate the affiliate account and not pay commission payments due by the Company to the Affiliate.
The Affiliate should not take actions or make recommendations to its referrals that result in a potential revenue loss for the Company. If the Company detects a pattern in the practices used by the Affiliate that result in possible revenue losses, it reserves the right to suspend or terminate the affiliate account and forfeit commissions.
APPROPRIATE USE OF THE UNIQUE AFFILIATE LINK
Placed on affiliate personal and/or business websites.
On social channels such as Facebook, Linkedin, Twitter, Google+, Instagram, Pinterest, etc.
Blog posts and websites for reviewing products and services.
Other acceptable uses may apply. Consideration for additional uses must be submitted via email to firstname.lastname@example.org, but are not valid until approved and ratified by Social Curator.
INAPPROPRIATE USE OF THE UNIQUE AFFILIATE LINK
Using any illegal or spam method of advertising like unsolicited email, unauthorized placing of the link in forums, newsgroups, message boards, etc.
Bidding on keywords and phrases containing the “Social Curator” trademark, or variations or misspellings of the trademarked term on pay per click or pay per impression campaigns on search engines (Google, Yahoo, MSN, Ask, Bing, or other) without prior approval by the Company. Affiliates are not allowed to use Social Curator or Jasmine Star as a display URL in pay per click ads or to direct-link or redirect to Social Curator.
Providing cash back incentives, rewards or any other kind of incentives to obtain the sale without prior approval of the Company.
Using the Company’s advertising materials, trademark or name in a way that compromises the Company’s image.
Using iFrames or any other techniques or technology that places your affiliate tracking cookie by any means other than an actual click-through.
Using link cloaking or masking techniques or technology with the goal to promote Social Curator on websites and/or networks not explicitly mentioned in the affiliate profile and to hide that traffic source.
The Company has the sole right to decide if a promotional method used by the Affiliate is appropriate. In case the Company deems an advertising method used by the affiliate to be inappropriate, the result could be a warning, suspension or termination of the affiliate account, and the withholding of commissions.
The Affiliate is required in accordance with FTC (http://www.ftc.gov/) advertising regulations to disclose the Affiliate relationship with the Company on their website.
Affiliate websites must not contain lewd, obscene, illegal or pornographic material, or any other material that is deemed to be objectionable. This includes, but is not limited to, bigotry, hatred, pornography, satanic materials, trademark and copyright materials, and all content of an adult nature. The designation of any materials as described above is left entirely to the discretion of the Company.
The affiliate website(s) and/or domain name(s) must not contain keywords and phrases containing the “Social Curator” trademark or any other variations or misspellings confusingly similar to the company trademark, name or domain name. The Company reserves the right to suspend all affiliate accounts and withhold commissions in case of noncompliance.
HOW THE AFFILIATE LINK WORKS
When a qualifying purchase is made through an affiliate's unique URL, our servers correlate the referred customer's purchase to the affiliate's ID.
WHAT QUALIFIES AS AN EARNED COMMISSION
The Affiliate will receive the appropriate commission based on the referred customer’s purchase. Commissions are calculated as a fixed amount or varying percentage of the purchase price of any subscription plans or products. Commissions are paid during the next monthly payout occurring at least two calendar months after the initial purchase has been successfully paid as long as ALL of the following hold true:
This is a first time customer who made a purchase through an active affiliate link.
It has been at least two calendar months since the successful payment of the invoice.
Referred does not cancel their subscription before the end of the next calendar month of the initial purchase.
If a new user starts a subscription or purchases a course using an affiliate link on January 1st, the affiliate will not see a payout until March 1st.
If a new user starts a subscription or purchases a course using an affiliate link on January 31st, the affiliate will not see a payout until March 1st.
If the new user cancels their subscription anytime in January or February, a payout will not occur.
AFFILIATE COMMISSION PAYMENTS
Affiliate commission payments are accumulated throughout the month. This information can be viewed on your “Affiliate Dashboard” page. Commissions are processed automatically on the 1st of each month. All commissions are paid in US dollars and there is one payout method available: PayPal (PayPal transaction fees may apply).
What if my commission does not match the balance from the report?
In the event that a referred customer cancels or terminates service prior to the end of the next calendar month after an invoice has been paid, any associated commissions would also be canceled which may cause a discrepancy with the report.
The Company reserves the right to withhold any payouts of commissions for sales that are potentially fraudulent as determined by the Company in its sole discretion.The Company reserves the right to suspend payment of commissions at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms in this Agreement by the Affiliate or referred customer(s). The Company reserves the right to deduct from Affiliate’s current and future commissions any and all commissions paid out for sales corresponding to any fraudulent, questionable, or canceled purchases. When no subsequent commission is owed, the Company will bill the Affiliate for the balance of such refunded purchases upon cancellation of the service or termination of the referred customer account due to fraud or chargeback.
TERMINATION OF AFFILIATE RELATIONSHIP
The Affiliate can cancel the Affiliate relationship at any time by contacting the Company via email at email@example.com. The Affiliate relationship will be canceled immediately upon receipt and processing of the Affiliate cancellation ticket and any commissions earned will be paid during the next monthly payout date.The Company can cancel the Affiliate relationship at any time using any of the following methods:
With a 7-day prior notice without explanation. Any commissions due at the time of the cancellation will be sent to the Affiliate after any holding period and in accordance with a regular payout cycle.
Immediately with no prior notice if the Affiliate does not comply with the affiliate program terms. In such a case, the Company has to provide no prior warning and can withhold any commission payments.
Immediately with no prior notice and/or explanation if the Affiliate has not generated any sales to the Company for a period or 6 months or longer.
After the cancellation of an Affiliate account the Company will no longer track the sales associated with the affiliate and will not owe any commissions to the affiliate for future sales or referred clients.
LIMITATION OF LIABILITY
By participating in the affiliate program, you accept the Terms of Service in their entirety and agree that Social Curator will not be liable for indirect, special, incidental, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the affiliate program, even if Social Curator has been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this agreement and the affiliate program will not exceed the total commissions paid or payable to the Affiliate under this Agreement during the 3-month period immediately preceding the event giving rise to such liability.
AFFILIATE PROGRAM SUBJECT TO CHANGE
The Company reserves the right to change the above Terms of Service at any time. Such changes will become effective and binding after their posting on the Company’s website. The Affiliate agrees to regularly review the Affiliate program Terms of Service and be aware of the changes made. By continuing to participate in the Affiliate program after a revision has been posted, the Affiliate agrees to abide by them.