Affiliate Terms & Condition
Net-Promotion Affiliate Agreement - Last updated April 2019.
In order to participate in the Net-Promotion Affiliate Program it is compulsory to agree the following terms and conditions by checking the box and pressing the "Sign Up now" button, meaning that you understand and accept all the terms of Net-Promotion Affiliate Program.
The terms and conditions contained by this program may modify at any time by posting a modification note or a new program on Net-Promotion site.
If any terms or modification cannot be accepted, the only way to act is not to press the "Sign Up now" button or to cancel the participation in the Net-Promotion Affiliate Program.
The participation in the Affiliate Program after its modification represents the implicit acceptance of the specified modifications.
1.1 Unless otherwise required or expressly stipulated, the following expressions will have the following meanings:
• "Net-Promotion" means Net-Promotion SA
• "Net-Promotion Site" means the internet site of Net-Promotion with the internet address: https://affiliates.net-promo.ch.
• "Net-Promotion platform" means the system used for the electronic trading, accessible through the Net-Promotion Site.
• "Item-s" means any software or digital products e-traded through Net-Promotion platform.
• "Client" means any person or business company purchasing software products through the Net-Promotion platform.
• "Vendor" means any person or business company that sells products and/or services through the Net-Promotion platform.
• "Vendor Site" means the internet site of the Vendor as it is shown on the Net-Promotion Affiliate Program.
• "Affiliate" means any person or business company who understands and approves to have read and fully agrees with the terms and conditions mentioned below and it is shown on the Net-Promotion Affiliate Program as Affiliate.
• "Affiliated site" means the internet site of the Affiliate as it is shown on the Net-Promotion Affiliate Program.
• "Link" means the internet URL generated only through the Net-Promotion platform in the Affiliate Account that will connect the description on the Affiliate site to the corresponding Item category on the Net-Promotion platform.
• "Chargeback" means an amount of money:
o which has been deemed to have been refunded by or returned by Net-Promotion to a Client based on a Link which has been voided, retracted, subject to returns;
o been reversed due to fraud, or otherwise rescinded for any reason;
o which has been retrieved from, reserved against and/or charged against Net-Promotion accounts under the terms of any applicable credit card Vendor account agreements or because of government actions including but not limited to embargo, court order, reclamation.
2. SUBJECT MATTER OF THE PROGRAM
2.1 The Net-Promotion Affiliate Program is a special marketing program that facilitates the Affiliates to participate for promoting the Vendor's Items.
2.2 In order to join the Net-Promotion Affiliate Program, the Affiliate must meet and fulfill the following stages:
2.2.1 Opening an account
The Affiliate must fill the application form accessible on the Net-Promotion Site and accept the conditions of Net-Promotion Affiliate Program. At the reception of the application Net-Promotion will analyze the application, allocate an ID to the Affiliate (sole identification number in the Net-Promotion Affiliate Program) and shall communicate to the Affiliate via e-mail the login data of his account.
The Affiliate will have an account accessed anytime through the Net-Promotion site (secure pages) using his e-mail and Password. The account allows the Affiliate to benefit from various functions of the Net-Promotion platform, explained below.
2.3 Net-Promotion reserves the right to reject or cancel Affiliate-s for any/no reason. As an example, Net-Promotion shall reject or cancel the Affiliate account should it is established that the Affiliate site is not compatible with the Net-Promotion Affiliates Program or Net-Promotion Policy, including:
• Promotes material with explicit sexual content.
• Promotes violence.
• Promotes race, sex, gender, religion, nationality, physical disability, sexual orientation or age discrimination.
• Promotes illegal activities.
• Contains materials infringing or supporting third parties to infringe copyrights, mark or other forms of intellectual property or the applicable laws.
• Includes "Net-Promotion" or their derivations or typing errors in the domain name.
• Is in any way illegal, damaging, libelous, obscene, aggressive, racist or not corresponding to our principles.
2.4 In case the application of the Affiliate is accepted and the Affiliate site is subsequently declared as unacceptable for the Net-Promotion Affiliate Program, Net-Promotion reserves the right to cancel the participation of the site in the Affiliate Program. The Affiliates that have been rejected from the Affiliate Program subsequent to their subscription are forbidden to return with an application for the admission in the Affiliate Program.
2.5 On the Affiliate site can be posted a short description or other references, as well as images, graphic representations or texts for promoting the chosen and approved Items. The Affiliate shall be solely liable for the content, appearance or placement of this information. The Affiliate shall display on his site the Link generated through his Account in the Net-Promotion platform. The Affiliates are not allowed to use automatic techniques to obtain these links. The Affiliate trying to use such techniques shall be rejected from the Net-Promotion Affiliate Program and any of his commissions cancelled. Only the links provided by Net-Promotion in the Affiliate account can be used for promoting the Items approved on the Net-Promotion platform.
2.6 The Affiliate is the only one liable for the development, operation and maintenance of his site and also for any material appearing on this site. Net-Promotion declines any responsibility in connection with the use of any materials other than those provided by Net-Promotion.
2.7 The Affiliate cannot make any official report or public comment in connection with this Net-Promotion Affiliate Program or with his participation to the Net-Promotion Affiliate Program, without prior written consent from Net-Promotion. The Affiliate can send an e-mail to info@Net-Promotion.com in order to get a written consent.
2.8 IT IS FORBIDDEN for the Affiliate to:
• promote Net-Promotion using promo codes unless Net-Promotion and The Affiliate has come to an agreement beforehand.
• use non-requested email (spam), pop-ups, pop-under, exit pages as well as any other techniques obviously or secretly driving Clients to the Net-Promotion platform;
• replace, intercept, interfere with, hinder, disrupt or otherwise alter a Client access, view or usage of Affiliate site, a Link or a Vendor web site, including without limitation any click-through or track-based transaction.
• place Links in any manner which may (intentionally or unintentionally) mislead any Client.
• cause any use of a Link in bad faith or through fraudulent means, including, but not limited to, using any device, program, robot, inline frames, hidden frames, or redirects.
• use automatic redirection to Net-Promotion site or any automatically method for saving a cookie of an Affiliate.
• use outbound / unsolicited calling techniques, can only promote / sell services through inbound calls.
• sell services / products other than the object of the eCommerce transaction he is sending to Net-Promotion as referral.
• promote services through scare-ware sales tactics.
3. COMMISSIONS AND PAYMENT METHODS
3.1 Affiliate payment terms will include the following:
• Affiliates must make a minimum of 5 sales with 365 days (one calendar year) to receive payout.
• Affiliate must make a minimum commission of $100 USD to receive payout
• Affiliates will be paid out according to the supported payment methods listed in the affiliate
system. No other payout methods are supported.
3.2 Once a client accesses the Net-Promotion platform or the Vendor Site on the basis of a link on the Affiliate site containing the Affiliate ID, Net-Promotion preserves the respective Affiliate ID for a 120 calendar day. This period of time (cookie duration) will be displayed in the affiliates' management interface for each Vendor separately. Should the client place an order within this period Net-Promotion shall register the related commission in the Affiliate's account. In order to generate a commission, it is necessary that the Client follows the Link from the Affiliate Site, places an order, pays for the order made in full and for Net-Promotion to deliver and cash the value of such order. Orders which are not delivered, cashed or have Chargeback are not eligible to generate a commission.
3.3 Net-Promotion shall fulfill the orders placed by clients having followed the links from the Affiliate site. Net-Promotion reserves the right to reject orders for any/no reason. Net-Promotion shall keep a record for clients having followed special links from the Affiliate site and these records shall be accessible in the Affiliate account together with other reports.
3.4. The value of the commission shall be applied to the total net value of the order sold through the Net-Promotion platform without VAT or/and other taxes included.
3.5 Net-Promotion shall pay the commission to the Affiliate in 20 days from the end of the reporting period for which the commission is due, by bank transfer or any other means agreed. The Reporting Periods are: monthly.
3.5.1 Any fees incurred as a result of the transaction are deducted from the total amount sent to the affiliate.
3.6. The clients that buy products through this Net-Promotion Affiliate Program become Net-Promotion's and consequently any terms and conditions applied shall be imposed to such clients.
The value of the commission granted to the Affiliate is confidential, and the infringement of this obligation by the Affiliate may lead to compensations according to damage.
4. RIGHTS OF USE TO PROMOTE NET-PROMOTION
4.1 An Affiliate is expected to promote Net-Promotion in an honest and accurate manner pertaining to Net-Promotion’s description on the Net-Promotion website. This includes, but is not limited to:
• Accurate description of product features
• Accurate description of product pricing
4.2. No misleading information regarding features or operation of use must be present on any affiliate website text or advertising banners or other marketing materials created by the affiliate, such examples include, but are not limited to:
• Advertising Net-Promotion as a cheating spouse solution to catch cheating partners
• Advertising Net-Promotion can be installed remotely without physical access to the TARGET device
• Advertising Net-Promotion as a free product.
• Using a competitor name or brand to promote Net-Promotion traffic anywhere in the affiliate website text or URL.
4.3. Any affiliate who is found guilty of the above will be terminated from the affiliate program with immediate effect, all affiliate links will be blocked and any outstanding commissions will be cancelled.
5. REFUNDS AND CHARGEBACKS
5.1. Affiliates who promote Net-Promotion in a correct manner should expect a low refund and chargeback rate. However, refunds and chargebacks may increase should affiliates promote Net-Promotion in an incorrect or dishonest manner as described in section 4.2.
5.2. To help minimise refund rates Affiliates are encouraged to contact Affiliate support for direct help if they are concerned about the refund rate that they are experiencing as a Net-Promotion affiliate or if they want tips to minimise the potential refund rate. Failure to do so, and the resulting refund or chargeback rate increase is not the responsibility of Net-Promotion.
5.3 The commission is paid by Net-Promotion in order to satisfied payment obligations to the Affiliate.
Should an order that had generated a commission for the Affiliate have a Chargeback this commission shall be deducted from the commission that was not paid by Net-Promotion or in case Net-Promotion already paid the commission to the Affiliate the Chargeback will be deducted from the following commission owed by the Affiliate. The Affiliate will remain responsible to Net-Promotion for any negative balances which arise out of any Chargeback and will have to pay Net-Promotion the value of the negative balance in maximum 60 days from the negative balance.
6. TERMINATION FROM THE NET-PROMOTION AFFILIATE PROGRAM
6.1 Net-Promotion reserves the right to terminate any affiliate from the program if they are found to be in breach of the conditions below
• An affiliate misrepresents the Net-Promotion brand, product or features as outlined in section 4.2
• An affiliate within one calendar year (365 day calendar year) that either makes no sales or commissions.
6.2. Net-Promotion reserves the right to refuse any affiliate application who used to be a previous Affiliate of Net-Promotion but was terminated.
6. FINAL PROVISIONS
6.1 The Affiliate agrees to have analyzed and approved this affiliate program and that Net-Promotion offers no guarantee of any kind. The parties agree that this Program shall be approved by the Affiliate on-line on the Net-Promotion site together with his registration in the Affiliate Program.
6.2 Net-Promotion holds the legal right regarding the "Net-Promotion Site" and the present Net-Promotion Affiliate Program and is acting as a reseller of Items for the Vendor.
6.3 The participation of an Affiliate on the Net-Promotion Affiliate Program may be terminated
• without any reason by Net-Promotion with a written request send by e-mail with at least 1 day notice. The commission earned and due will be paid within maximum 6 months from the termination.
• due to one or more serious violations of our policies (see above). The most common cause for this is that some of the transactions made through your account might involve fraudulent activity.
As a result, we will not accept any affiliate applications from you in the future and we may also disable any accounts you have open with us. If you had any unpaid affiliate commissions, they will be postponed or removed until further notice.
6.4 Net-Promotion reserves the right, to the extent permitted by applicable law, to monitor all electronic communications for content violating the Net-Promotion Affiliate Network and store such messages in a manner and at a location within Net-Promotion discretion. Any message, inbound or outbound, violating the Net-Promotion Affiliate Network may not be delivered at Net-Promotion discretion.
6.5 Any litigation between parties shall be solved amiably, and if this is not possible, the case will be forwarded to the authorized courts of law.