AFFILIATE PROGRAM OPERATING AGREEMENTThis Affiliate Program Operating Agreement (the “Agreement”) is made and entered into by and between Bucks Partners LTD (“TrustBucks” or “we”), and you, (“you” or “Affiliate”) the party submitting an application to become a TrustBucks partner).
The terms and conditions contained in this Agreement apply to your participation with www.trustbucks.com (“Affiliate Program”). Each Affiliate Program offer (an “Offer”) may be for any offering by TrustBucks or a third party (each such third party a “Client”) and may link to a specific website for that particular Offer (“Program Website”).
Furthermore, each Offer may have additional terms and conditions on pages within the Affiliate Program and are incorporated as part of this Agreement. By submitting an application or participating in an Offer, you expressly consent to all the terms and conditions of this Agreement.
Enrollment in the Affiliate ProgramYou must submit an Affiliate Program application from our website. You must accurately complete the application to become an affiliate (and provide us with future updates) and not use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you of your acceptance or rejection to the Affiliate Program, generally within two (2) business days. We may accept or reject your application at our sole discretion for any reason.
Obligations of the PartiesSubject to our acceptance of you as an affiliate and your continued compliance with the terms and conditions of this Agreement, TrustBucks agrees as follows:
We will make available to you, via the Affiliate Program, graphic and textual links to the Program Website and/or other creative materials (collectively, the “Links”) which you may display on websites owned or controlled by you, in emails sent 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 Website.
We will pay Affiliate for each Qualified FTD (the “Commission”). A “Qualified FTD” means an individual person who (i) accesses the Program Website via the Link, where the Link is the last link to the Program Website, (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 person, (iii) is not using pre-populated fields (iv) completes all of the information required for such action within the time period allowed by TrustBucks and (v) is not later determined by TrustBucks to be fraudulent, incomplete, unqualified or a duplicate.(vi) who maintains a qualified account under Terms and Conditions.
- Payout of Commissions will be processed in the following, for the previous calendar month. - Payout deadlines may be prone to changes or vary from one Affiliate to another. TrustBucks reserves a right to occasionally, at its sole discretion, update, change, modify and adjust the Commision payout deadlines. – Payout minimums may apply and vary, depending on the payment method selected. Bank wire of Commissions lower than $500, will be rolled over until the payout minimum has been reached. – We reserve a right to charge back to your account any previously paid Qualified FTD that are later determined to have not met the requirements to be a Qualified FTD. This is to prevent fraud. We reserve the right to ban your account if our partners determine that your traffic has a high fraud rate.
Commissions payout is dependent on Clients providing such funds to TrustBucks, and therefore, you agree that TrustBucks shall only be liable to you for Commissions to the extent that TrustBucks has received such funds from the Clients.
You hereby release TrustBucks from any claim for Commissions if TrustBucks has not received such funds from the Clients.
TrustBucks shall automatically generate an invoice on behalf of Affiliate for all Commissions payable under this Agreement and shall remit payment to Affiliate based upon that invoice. All tracking of Links and determinations of Qualified FTD and Commissions shall be made by TrustBucks in its sole discretion.
In the event that the Affiliate disputes in good faith any portion of an invoice, Affiliate shall submit that dispute to TrustBucks in writing and in sufficient detail within two (2) days of the date on the invoice. If the Affiliate does not dispute the invoice as set forth herein, then Affiliate agrees to irrevocably waive any further claims based on that invoice.
In the event that the Affiliate, who is also tracking Qualified FTDs, claims a discrepancy, the Affiliate must provide TrustBucks with related Reports within three (3) days after the last calendar day of the month in which the Qualified FTD has been tracked. If the Affiliate has any due and/or outstanding payables to TrustBucks under this or any other agreement between the Affiliate and TrustBucks, whether or not related to the Affiliate Program, the Affiliate agrees to offset any such amount payable to TrustBucks from amounts payable to Affiliate under this Agreement.
Account activity & closure- Affiliate Accounts can be closed upon the request - We reserve the right to terminate or suspend Affiliate Account and / or our services to the Affiliate, ask to remove or edit content or similar if the Affiliate is not acting according to the guides defined in this document – Affiliates are not allowed to use our logo or write reviews that redirects to other services than ours. This will lead to account closure. – No FTDs, login activity or lack of response in 60 consecutive days might cause account to be closed. – Writing spiteful articles about our affiliates, brokers, partners of associates might cause account to be closed.
Affiliate also agrees to: Have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.
Ensure that all materials posted on his Media or otherwise used in connection with the Affiliate Program (i) are not illegal, (ii) do not infringe upon the intellectual property 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 (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities, contains profanity or otherwise contains materials that TrustBucks informs you that it considers objectionable (collectively, “Objectionable Content”). Not make any representations, warranties or other statements concerning TrustBucks or Client or any of their respective products or services, except as expressly authorized herein.
Make sure that his Media does not copy or resemble the look and feel of the Program Website or create the impression that his Media is endorsed by TrustBucks or Clients or a part of the Program Website, without prior written permission from us.
Comply with all (i) obligations, requirements and restrictions under this Agreement and (ii) laws, rules and regulations as they relate to your business, his Media or his use of the Links.
Comply with the terms, conditions, guidelines and policies of any third party services used by Affiliate in connection with the Affiliate Program, including but not limited to, email providers, social networksworking services and ad networks.
Always prominently post and make available to end-users any terms and conditions in connection with the Offer set forth by TrustBucks or Client, or as required by applicable laws regarding such Offers.
Advertising CampaignsNo Links can appear to be associated with or be positioned on chat rooms or bulletin boards unless otherwise agreed by TrustBucks in writing. Any pop-ups/unders used for the Affiliate Program shall be clearly identified as Affiliate served in the title bar of the window and any client-side ad serving software used by Affiliate shall only have been installed on an end-user’s computer 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.
Affiliate Network CampaignsFor 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 “Third Party Affiliate”). Affiliate agrees that it will expressly forbid any Third Party Affiliate to modify the Links in any way. Affiliate agrees to maintain its Network according to the highest industry standards. Affiliate shall not permit any party to be a Third Party Affiliate whose website or business model involves content containing Objectionable Content. All Third Party Affiliates must be in good standing with Affiliate. Affiliate must require and confirm that all Third Party Affiliates affirmatively accept, through verifiable means, this Agreement prior to obtaining access to the Links. Affiliate shall promptly terminate any Third Party Affiliate who takes, or could reasonably be expected to take, any action that violates the terms and conditions of this Agreement. In the event that either party suspects any wrongdoing by a Third Party Affiliate with respect to the Links, Affiliate shall promptly disclose to TrustBucks the identity and contact information for such Third Party Affiliate. Affiliate shall promptly remove any Third Party Affiliate from the Affiliate Program and terminate their access to future Offers of TrustBucks in the Network upon written notice from TrustBucks. Unless TrustBucks has been provided with all truthful and complete contact information for a Third Party Affiliate and such Third Party Affiliate has affirmatively accepted this Agreement as recorded by TrustBucks, Affiliate shall remain liable for all acts or omissions of any Third Party Affiliate.
ConfidentialityExcept as otherwise provided in this Agreement or with the consent of TrustBucks, 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.
Limited License & Intellectual PropertyWe grant you a nonexclusive, nontransferable, revocable right to use the Links and to access our website 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 Website.
You may not alter, modify, manipulate or create derivative works of the Links or any TrustBucks graphics, creative, copy or other materials owned by, or licensed toTrustBucks in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the Affiliate Program. We may revoke your license anytime by giving you written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of TrustBucks’ trademarks, service marks, copyrights, patents or trade secrets. You agree that TrustBucks may use any suggestion, comment or recommendation you choose to provide to TrustBucks without compensation. All rights not expressly granted in this Agreement are reserved by TrustBucks.
TerminationThis Agreement shall commence on the date of our approval of your Affiliate Program application and shall continue thereafter until terminated 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. We may terminate your participation in one or more Offers or this Agreement at any time and for any reason, which we deem appropriate with or without prior notice to you by disabling the Links or providing you with a written notice. 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, plus all TrustBucks or Client intellectual property, and will cease representing yourself as a TrustBucks or Client 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.
RemediesIn addition to any other rights and remedies available to us under this Agreement TrustBucks 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 (i) TrustBucks determines that you have violated this Agreement, (ii) TrustBucks receives any complaints about your participation in the Affiliate Program which TrustBucks reasonably believes to violate this Agreement or (iii) any Qualified Action 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, TrustBucks reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions.
Anti-Spam PolicyYou must strictly comply with the federal CAN-SPAM Act of 2003 (the “Act”). All emails sent in connection with the Affiliate Program must include the appropriate party’s opt-out link. From time to time, we may request – prior to your sending emails containing linking or referencing the Affiliate Program that you submit the final version of your email to TrustBucks for approval by sending it to your TrustBucks representative and upon receiving written approval from TrustBucks of your email the email may be transmitted to third parties. It is solely your obligation to ensure that the email complies with the Act. You agree not to rely upon TrustBucks’ approval of your email for compliance with the Act, or assert any claim that you are in compliance with the Act based upon TrustBucks’ approval.
FraudYou 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, using stealware, cookie-stuffing and other deceptive acts or click-fraud. TrustBucks shall make all determinations about fraudulent activity in its sole discretion.
In order to process commission withdrawal request, all compliance documentation of referral clients must have been received and approved by compliance officer. Beneficiary Name must match the name on the affiliate account name. Requests to transfer funds to third party will not be processed.
Incentivized trafficThe Affiliate is prohibited to take part in any form of incentivized traffic, incentivized registrations or deposits in particular, regardless of the form of the incentive in question (in form of cash, points, coupons or any other means).
The Affiliate is strictly prohibited to have an active client account with any of the Offers, promoted by Trustbucks.
Any such commissions deriving from Affiliate’s incentivized traffic or from the period the Affiliate had an active client account, under the provisions of this Agreement, will be cancelled.
Failure to comply with the afore mentioned provisions of this Agreement are grounds for immediate termination of the affiliate account.
Representations and WarrantiesYou 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, TrustBucks represents and warrants that it shall not knowingly violate any law, rule or regulation which is applicable to TrustBucks’ own business operations or TrustBucks’ proprietary products or services.
ModificationsIn addition to any notice permitted to be given under this Agreement, we may modify any of the terms and conditions of this Agreement at any time by providing you with a notification by email. The changes will become effective ten (10) business days after such notice. If the modifications are unacceptable to you, you may terminate this Agreement without penalty solely on the account of such termination within such ten (10) business day period. Your continued participation in this Affiliate Program ten (10) business days after a change notice has been posted will constitute your acceptance of such change. In addition, TrustBucks 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 TrustBucks to remove, alter or modify any Link, graphic or banner ad that is being used by Affiliate as part of the Affiliate Program.
Independent InvestigationYou acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Affiliate Program and each Offer and are not relying on any representation, guarantee or statement other than as set forth in this Agreement or on the Affiliate Program.
Mutual IndemnificationAffiliate hereby agrees to indemnify, defend and hold harmless TrustBucks and Clients 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 (including reasonable attorneys’ fees and costs) 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, Offers or TrustBucks or Client intellectual property, or (iii) any claim related to your Media, including but not limited to, the content contained on such Media (except for the Links).
TrustBucks hereby agrees to indemnify, defend and hold harmless Affiliate and its subsidiaries, affiliates, partners, and their respective directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs) based on a claim that TrustBucks is not authorized to provide you with the Links.
DisclaimersTHE 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, TRUSTBUCKS EXPRESSLY 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. TRUSTBUCKS 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. TRUSTBUCKS EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A CLIENT OR THEIR PRODUCTS OR SERVICES. TRUSTBUCKS DOES NOT GUARANTEE THAT AFFILIATE WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.
Limitation of LiabilityIN NO EVENT SHALL TRUSTBUCKS BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE LINKS, PROGRAM WEBSITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF TRUSTBUCKS. IN NO EVENT WILL TRUSTBUCKS 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 TRUSTBUCKS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. TRUSTBUCK’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 TRUSTBUCKS IN COMMISSIONS DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.
Governing Law & MiscellaneousOur failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
This Agreement is governed by and shall be construed in accordance with the laws of State of Belize.
In case if the dispute arises between the parties of this Agreement, both parties agree to first attempt to resolve the dispute by way of amicable communication.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
Affiliate shall be responsible for the payment of all attorney’s fees and expenses incurred by TrustBucks to enforce the terms of this Agreement. This Agreement contains the entire agreement between TrustBucks and Affiliate with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Affiliate agrees that TrustBucks 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, regardless of whether TrustBucks “clicks through” or otherwise indicates its acceptance thereof.
Affiliate may not assign all or any part of this Agreement without TrustBucks’ prior written consent. TrustBucks may assign this Agreement at any time with 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. Except as set forth in the “Modifications” section above, this Agreement may not be modified without the prior written consent of both parties. If any provision of this Agreement is held to be void, invalid or inoperative, the remaining provisions of this Agreement shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties.
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. Neither 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 an 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. If an individual is accessing this Agreement on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to this Agreement.
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