Affiliate Marketing Agreement
The ” englease* Affiliate Marketing Agreement” is made and effective the [August 17, 2022]
Please read this Affiliate Marketing Agreement CAREFULLY.
This is a contract between you (the “Affiliate”) and us (“englease*”), describing our business relationship’s particular aspects. It applies to your participation in the Affiliate Marketing Agreement. We cannot have you participate in our Affiliate Program unless you agree to the binding terms included here (the “englease* Affiliate Marketing Agreement”).
We periodically update these terms. If we update or replace the terms, we will inform you via electronic means, which may include an in-app notification or email. We might also choose to replace these terms entirely if, for example, the Affiliate Program changes, ends, or becomes part of an existing program.
In consideration of the terms and covenants of this agreement, and other valuable considerations, the parties agree as follows:
Applying for our Program
- a) To begin the enrolment process, you must submit a completed Affiliate Program signup form.
- b) We will evaluate your application and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine (in our sole discretion) that your website or promotional method is not suitable for the Affiliate Program for any reason, including, but not limited to, its inclusion of content that is unlawful or otherwise violates Provider’s Acceptable Use Policy, as determined in our sole discretion.
- c) If we reject your application, for any reason, you may not re-apply to the Affiliate Program utilizing the same domain name/URL or reapply using a different domain/URL name and then add the previously rejected domain name/URL to your Affiliate Dashboard. Provider, in its sole discretion, reserves the right to reject or remove any prospective affiliate from the Affiliate Program at any time, with or without notice.
Promotion of our Affiliate Relationship
- a) Use of Links. If you qualify and agree to participate as an Affiliate, we may provide you With access to graphic and textual links that you may use to promote Provider Services. Links will serve to identify your website as a member of the Affiliate Program and will establish a link from your website or e-mail to the Provider Website. You agree to cooperate fully with us to establish, display, and maintain such Links. You further agree that your use of the Links must be in compliance with this Agreement at all times.
- b) Search Engine Marketing. Unless otherwise approved by Provider in writing, Affiliates shall not run SEM campaigns for Provider products and services on Google.
- c) Keyword Noncompete. For as long as you are an Affiliate, you may not purchase, either directly or indirectly, or bid, either directly or indirectly, on any Keywords owned or offered through an internet search engine (including Google, Yahoo, or Bing) that compete with Provider’s name, trademarks, or product names. “Keywords” shall mean a word used in a search request by an internet search engine user which, when used in such an internet search engine, causes a particular sponsor’s ad to appear next to the search results.
- d) Prohibited Activities.
Except as permitted herein, you shall not and are not authorised to
(i) use Provider’s trademark or other intellectual property, including without limitation, the Links without Provider’s express prior written permission;
(ii) Use Provider’s name (or any variation or misspelling thereof or other terms that are confusingly similar to any of the foregoing) in a domain name, any metatags, advertising, search terms, code, or otherwise;
(iii) Act in any way that causes or could cause any confusion concerning the source of, or your association with Provider’s Services.
e) Discounts and Coupons. You are not allowed to post any refunds, credits or discounts on Provider Services, or other content concerning Provider without our prior written consent in each instance. Affiliates may only use active coupons and discounts that are provided exclusively through the Affiliate Program using banners and links. Any violations of the terms surrounding links, coupons, refunds, credits or discounts shall constitute a material breach of this Agreement and may result in your termination from the Affiliate Program or the withholding of Commission Fees.
- Not a Provider of Goods and Services. Your participation on the Network, use of the Network Platform, and receipt of payments as a Publisher Partner of the Network is not an inducement for, or solicitation of you to provide any products or services. You are not and will not be deemed to be a vendor, supplier or provider of goods or services.
- Payment only applicable when trackable engagement is completed; when trackable users finalize the subscription process.
- Inactivity: If your account is inactive for more than twelve (12) consecutive months, Supplier reserves the right to close the account permanently and cease to maintain your account records and Publisher program access. Publisher account becomes “Inactive” when you have failed to generate commissionable activity through Links associated with your account for a period of 12 consecutive months.
- Neither the affiliates nor its agents or subcontractors shall hold any data ownership rights concerning the information created, used, maintained, or transmitted by englease* under this Agreement.
- They are not permitted to use the data for any other purposes.
- Affiliates must undergo NDA agreements
E-mails and Publicity
You shall not create, publish, transmit or distribute, under any circumstances, any bulk email messages without Provider’s prior written consent, to be granted or denied in Provider’s sole discretion, in each instance. Additionally, you may only send emails containing a Link and or a message regarding Provider or the Affiliate Program to people who have previously consented to receiving such communications from you. Your failure to abide by this Section and all applicable laws relating to email communications, in any manner, will be deemed a material breach of this Agreement by you and will result in the forfeiture by you of any and all rights you may have to any Commission Fees and the termination of your participation in the Affiliate Program.
Relationship of Parties
You and Provider are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your Affiliate Site or otherwise, that contradicts anything in this Section.
Both parties are permitted to communicate electronically under this Agreement, including email or fax. For any questions or concerns, please email us at the following address: (email@example.com)