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kweliTV Referral Terms
This Agreement contains the complete terms and conditions that apply to your participation as a member of the kweliTV Affiliate Program.
To begin the enrollment process, you will submit a completed Program Application through our website. Your account will be instantly active in our program. We will evaluate your account in good faith to ensure you comply with all our rules and agreements. We may reject your account if we determine in our sole discretion that your site is unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement, or if your site is or promotes a business-opportunity program (collectively, "Content Restrictions").
UTILIZING LINKS ON YOUR SITE.
As an affiliate website of kweliTV, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the "Links"), however, you CANNOT SPAM or send emails to any mailing database unless the receiving email address has opted in to receive marketing material from you. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the Program and your forfeiting of monies otherwise due you hereunder. Allowable promotional links may contain kweliTV's trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by kweliTV. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be visually modified with our consent.
The Commission Rate is subject to change from time to time, upon e-mail notice to you and commencing the 30-days following such notice.
Your commission is paid once a customer stays on for at least 30 days and after you reach $100.
Commission is paid on the 10th of the following each month for all previous commission owing to you.
Payments are made via PayPal to nominated payment email address you specify.
Incentivized commissions, and offering any form of incentive to obtain a sale is forbidden, unless prior approval is given and cleared by kweliTV Staff. To inquire on whether your incentive is acceptable, please e-mail ambassador [@] kweliTV [dot] com
Any fees incurred making the payment to your PayPal account will be paid for by you, the receiving party. The standard rate for receiving payments for goods and services is approximately 3.4%
Commissions deemed due and owed to you under the program will be paid to you directly by kweli.tv after any holding period (usually the 10th day of the following month) and in accordance with a regular payout cycle established by kweli.tv. No commission will be paid for signups by you, your household, or anyone within your organization. kweliTV reserves the right to only pay for referrals that are active. Active is defined as clients with an active kweliTV subscription. Commissions can be earned per each new client referred through the unique affiliate link. An existing customer, defined by any client who has had an existing account with us at anytime in the past, would not be eligible for a commission with the program. Referrals who have signed up using free domain name services will be subject to manual inspection and may be deemed invalid by kweliTV.
PayPal payments will only be reissued within 120 days of the original issue date in the case of incorrect PayPal address or refusal from PayPal to accept payment.
RESPONSIBILITY FOR YOUR SITE.
You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, including but not limited to 18 U.S.C. Section 2257, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law.
kweliTV expressly requires you to disclose that there is a "material connection" between you and kweliTV any time you offer an endorsement or testimonial on our services, such disclosure should be clear and prominent, meaning close to the endorsement or testimonial.
In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following:
- Unsolicited mass e-mail solicitations, IRC postings or any other form of spamming, including but not limited to, newsgroups, WhatsAPP, Viber, SMS or otherwise violate the anti-spamming policies of kweliTV or law;
- Provide inaccurate or incomplete information to kweliTV concerning your identity, address or other required information;
- Attempt to cheat, defraud or mislead us in any way;
- Misrepresent to the public the terms and conditions of our sites or your sites;
- Engage in popup advertisement network activities;
- IFrames may not be used unless given express permission by kweliTV, sales made through hidden IFrames or Cookie Stuffing methods will be considered invalid
PAID SEARCH POLICY.
You are required to comply with the following rules when bidding on keywords on any paid search engines or social media site, including without limitation, Google, Yahoo/Bing, Twitter and Facebook:
You are prohibited from bidding on any kweliTV trademarks, or any variations and misspellings thereof without kweliTV's prior written approval. Examples of prohibited keywords are "kweliTV," kweli.co "kweliTV.com," "kweliTV” “kweli.co,” "robo voucher," "kweliTV reviews," "robo voucher," "kweliTV voucher," and "kweliTV gift certificates."
You are prohibited from bidding on keywords containing kweliTV trademarks plus an additional term such as [kweliTV coupons], [kweliTV promotions], and [kweliTV promos] Further, Affiliates are NOT permitted to broad or phrase match any of these keywords.
You are prohibited from outranking kweliTV's internal paid search ad on any keywords.
You are prohibited from direct linking to kweli.tv from any paid search ads.
You are prohibited from using kweli.tv as a display URL.
All materials, including without limitation, ad copy, coupons, and promotions on your Affiliate Site must accurately represent active and valid promotions. For example, you may not display an ad on your Affiliate Site for a promotion that has expired. We continue to monitor all paid search landscapes. If you are determined to be in violation of this section your participation in the program may be terminated. For more information on match types, please visit Google's overview of match types.
MINIMUM PAYMENT THRESHOLD.
Affiliates must earn a minimum affiliate account balance of $100 or more before their account is eligible for payment. Commission amounts earned for less than $100 will remain pending until the full $100 minimum balance has been earned. All sales still pending due to the minimum payment threshold must remain active and in good standing according to our TOS requirements in order to be eligible for payment. Sales that are found not to be valid according to our TOS requirements at the time of the additional sale and earnings will be marked as invalid and not payable. Therefore there will be the requirement that sales, or $100 in minimum earnings be valid according to our sale requirements listed in our TOS in order for payment to be sent.
TAX FORMS AND ADDRESS CHANGES.
Taxes: It is your responsibility to pay any taxes, duties (including without limitation sales tax, VAT and GST) and other fees that apply to your commissions earnings. kweliTV.com is not responsible for any foreign, U.S. federal, state, local, municipal, or other governmental taxes, duties, levies, fees, excises, or tariffs, owed by You arising as a result of or in connection with the provision of the kweliTV Affiliate Program. You must pay all applicable sales, use, or value added taxes or tariffs applied by any national, state, provincial, or local jurisdiction to which you are subject that arise from or are related to these Terms. Each party will bear responsibility for payment of any taxes applicable to its own income and activities.
TERM OF THE AGREEMENTS.
The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
RELATIONSHIP OF PARTIES.
You and kweliTV 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 site or otherwise, that reasonably would contradict anything in this Section. You are not an agent of the kweliTV and kweliTV expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
LIMITATION OF LIABILITY.
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program, even if we have 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 you under this Agreement.
We make no express or implied warranties or representations with respect to the Affiliate Program or any COMPANY services or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
REPRESENTATIONS AND WARRANTIES.
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide kweliTV with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.
You hereby agree to indemnify, defend and hold harmless kweliTV, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.
Terminated accounts cannot later apply to the Program without our express written consent. This Agreement will be governed by the laws of New Zealand, without reference to rules governing choice of laws. kweliTV reserves the right to institute a reserve fund holding commissions for a time period deemed necessary in situations where sales generated by an affiliate consistently have a high chargeback/cancellation ratio. kweliTV will be the sole and final arbitrator for any and all disputes or claims related to the validity of sales. In order to facilitate accurate record-keeping, multiple kweliTV affiliate accounts spanning multiple affiliate networks are strictly prohibited. If you have an account with the kweliTV.com in-house affiliate program and also open a kweliTV affiliate account with another network such as Commission Junction, both affiliate accounts will be terminated and all commissions will be forfeited. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our 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.
TERMINATION OF USE.
In the event of any comments or questions concerning these Merchant Terms and Conditions, please contact us by emailing ambassador [@] kweli [dot] tv.