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Zedity Affiliate Program Agreement
Zedity Affiliate Program Agreement. This legally binding agreement ("Agreement") describes the terms and conditions concerning the Zedity Affiliate Program ("Program") between you ("Affiliate") and Zedity, and it supersedes any prior proposal, representation, or understanding between the parties. In this Agreement, Zedity refers to the product owner and exclusively authorized licenser and publisher, Pridea (http://pridea.company). 1. Overview The Program is run through our own internal affiliate system with PayPal as the only payment service accepted to pay the Affiliate. 2. Modification We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Affiliate Program rules. If any of the modifications are unacceptable to you, your only recourse is to terminate this Agreement. If you continue your participation in the Program, it will be considered as your acceptance of the change. 3. Joining the program To enroll in the Program, it is necessary, although not sufficient, to match the following requirements: a) you purchased the Zedity Premium Plugin for WordPress at this url: http://zedity.com/plugin/wp; b) have a verified PayPal account, the same used to purchase the Premium Plugin; Anyone meeting the above requirement may submit an affiliate application, which may or may not get approved at solely Zedity discretion. Meeting the requirements does not entitle you to become an affiliate automatically. If your application is approved, You become an Affiliate, therefore legally bound to this Agreement. 4. Affiliate URL and cookies You will be issued a special URL once you become an approved member of the Zedity Affiliate Program which will be unique to you and you only, and will allow you to be paid for affiliate referrals. The Program is technically based on the usage of cookies, which do not collect any personal information and are merely used to keep track of an affiliate code that is generated (randomly) for the purposes of the Program. In cases where users are using system and devices where cookies are not working or not enabled, the referral link is not effective. Zedity cannot do anything about that and is not responsible for any missed commissions due to such conditions. The cookie is valid for up to 30 days since the latest visit to Zedith through your affiliate link. Afterwards, the cookie expires and becomes invalid. 5. Commission rate and Affiliate tools As an Affiliate, You will receive a 25% of the revenue as a commission on every new Zedity Premium Plugin sale if and only if: a) the customer completes the order form and remits full payment for the Zedity Premium Plugin ordered through the PayPal secure system and, b) the sale occurred while the affiliate cookie is valid, i.e. not yet expired as mentioned above, and c) the order was placed through qualified, correctly structured links exactly as provided by Zedity, without any alteration or modification. The Commission rate may change at Zedity sole discretion, based also on affiliate performance and other criteria. At any time the commission rate is available on your affiliate area at http://zedity.com Commissions will be void for customers that ask for refunds. We reserve the right to disqualify commissions and terminate affiliate accounts if You repeatedly refer customers that ask for refunds or credits. We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. 6. Payment Zedity pays You via a PayPal account, provided to us when a member joins. If the PayPal email changes, it is the responsibility of the affiliate to notify the Affiliate Program to ensure proper commission payments. The payment is normally occurs on the first day of each month. Zedity will try its best to pay exactly on the first day of each month, but it reserves the right to delay in cases of external and unpredictable conditions that may make it impossible for us to issue the payments. Each payment includes qualifying sales that occurred at least 45 days before, to allow processing, PayPal chargebacks, etc. For example, an affiliate sale made on June 15th will be paid not earlier than August 1st. 7. Order Fulfillment Zedity will be solely responsible for processing every order placed by a customer via affiliate links. Affiliates are not authorized to collect payments or sell any Zedity products from other websites as a "reseller" and no "resale" rights are granted in any way. Affiliates are not authorized to sell any of these products on ebay or other auction sites. Affiliates are not authorized to give away copies of any of these products. Zedity will also be solely responsible for all customer service inquires. All affiliates understand and acknowledge that no physical products will be shipped. Customers who purchase products and services through the Zedity Affiliate Program will be deemed to be customers of Zedity. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Zedity policies will always determine the price paid by the customer. 8. Qualifying Sites Zedity reserves the right to refuse any site entry into the Zedity Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include sites which: Promote sexually explicit materials Promote violence Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age Promote illegal activities Coupon or discount aggregators who list coupon codes that were not officially provided to them by Zedity. Want to promote a coupon? Contact us and we can work with you. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement. Infringe or otherwise violate any copyright, trademark, or other intellectual property rights. 9. Permitted Usage The following are permitted uses of the Zedity brand and marketing resources Affiliates are permitted to use any, but exclusively, the tools provided in their affiliate area at http://zedity.com/affiliate/tools. Those tools, which consists of images (banners), must be used as they are, without any modification neither on the size nor on the content. If a specific size is not available, the affiliate may contact Zedity at firstname.lastname@example.org and request a new size to the available affiliate tools. Using tools others than those provided by Zedity is now allowed and represents a violation of this agreement. 10. Prohibited Usage The following cases prohibited and are grounds for immediate termination of the affiliate account. Affiliates MAY NOT use the Zedity logo, logo marks or other Zedity website/branding imagery in a header graphic or in any was as to indicate they are officially affiliated or partnered with Zedity. Affiliates MAY NOT use the term "Zedity" in ANY variation in their site URL ex. (zedity.net, zeditycouponcodes.com, zedity-editor.com, wpzedity.com, zedity.plugins.com, etc). Affiliates MAY NOT promote coupons that were not provided to them personally by Zedity. Want to promote a coupon? Contact us and we can work with you. You may NOT promote coupon codes you may have found elsewhere online. Affiliates MAY NOT host or promote "coupon stacking" sites where customers may combine coupons to receive additional discounts. 11. Zedity Anti-Spam Policy Zedity strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, twitter, facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following: Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription; Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation. Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner. Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system; Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws. Zedity, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions: Account Termination: Upon the receipt of a credible complaint, the Zedity Affiliate Program manager may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account. At Zedity discretion, termination may not only result in being banned from the Program, but also being banned from ANY other internal affiliate programs. If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department at email@example.com 12. Relationship of Parties Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on behalf of Zedity. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement. 13. Term and Termination The term of this Agreement will begin when you accept and will end when terminated by either party. Either Zedity or the affiliate may terminate this Agreement at any time, with or without cause. Upon termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate's Web Site, all links to the Zedity websites, and all Zedity trademarks and logos, other Zedity marks and all other materials provided in connection with this program. In case of termination, Zedity reserves the right to withhold all payments still due at the time of termination. 14. Limitation of Liability Zedity will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages, including but only, the case of termination of this agreement. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to the affiliate under to this Agreement. 15. Disclaimers We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate's potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and Zedity will not be liable for the consequences of any interruptions or errors. 16. Miscellaneous 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. 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. By signing up with the Zedity Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.
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