The present Terms and Conditions regulate the Affiliate Program provided by the Merchant and represent the agreement between the seller and the individual or entity joining the Affiliate Program (the "Affiliate", "you").
Please read the following article carefully as it represents a legally binding agreement between you and the Merchant. By submitting your application and thereafter participating in the Affiliate Program, you agree to comply with all of the terms and conditions of this Affiliate Agreement. The Merchant may deactivate your Affiliate Account at any time, with or without notice, in case of any agreement breach, for any activity that it believes may be harmful to its business or to any other related party.
2. Referral Tracking
The Merchant provides the Affiliate with specific direct links and/or coupon codes to/ of the merchant’s products to be promoted by the Affiliate. The Merchant will track users who have followed these links and/or used the provided coupon codes.
The Affiliate will be able to track purchases while the cookie is active, the tracking gap will be initially determined by the Merchant. All purchases made within this gap will be considered as referrals of the Affiliate and recorded as such in the Affiliate Dashboard.
The Affiliate is not allowed to modify or alter the links and cookies in any way. The Merchant is not responsible for any tracking or reporting errors that may result from any modifications made to the links or cookies.
3. Affiliate Fees and Payouts
The Affiliate is entitled to receive a one-time payment (‘Commission’) for each product purchase covered by this Affiliate Program. Commissions will be payable only when the Affiliate has at least 1 purchase (taking into account the commission holding period).
All commissions will be payable in US Dollars only unless otherwise determined by the Merchant. Payments will be made via PayPal. The Affiliate must provide the Merchant with the accurate details required for commission remittance and is solely responsible for any delayed payments.
In case of any suspicious activity from the Affiliate’s part, the Merchant has the right to hold commission payments to verify transactions. The Merchant retains the right to recalculate or revoke commissions in case of any illegal activity.
By providing the Affiliate with links and/ or product coupon codes, the Merchant hereby gives the Affiliate a non-exclusive, non-transferable, limited right to use these materials for the sole purpose of promoting our products within the Affiliate Program. The license will expire upon termination of the Affiliate's participation in the Affiliate Program.
The Affiliate will be solely responsible for his/her own marketing activities. All activities must be professional and be fully compliant with all applicable laws.
The Merchant may, without prior warning, require the Affiliate to remove or modify any advertisements in the Merchant's sole discretion.
The Affiliate has the right to immediately rescind the Affiliate's participation in the Affiliate Program after giving the other party a prior notification of termination.
The Merchant retains the right to rescind the Affiliate's participation in the Affiliate Program, in its sole discretion, for any breach of this Affiliate Agreement or for any activity that may be harmful for the Merchant, to its business or any third party.
Upon termination, the Affiliate will be deprived of access to its affiliate data and will lose all potential and/or unpaid commissions.
6. Party Relationships
The Merchant and the Affiliate are independent entities. Nothing stated in this Agreement will create any partnership or joint venture relationship between these parties. The Affiliate is not authorized to act on the behalf of the Merchant.
7. Liability Limitation
The Affiliate participates in the provided Affiliate Program at his/her own risk. The Merchant gives no warranties, either expressed or implied, any service, or information related to the Affiliate Program and provided in it.
The Merchant is not responsible for any damages or economic losses resulting from the use of the Affiliate Program. Should any part of the Affiliate Program bring damage or inconvenience to the Affiliate, the Affiliate assumes all responsibility for them.
The Affiliate will indemnify the Merchant, its directors, all staff members, and third parties against any losses and expenses related to the Affiliate and/or any third party's operations arising from the use of the Affiliate Program.
The Merchant may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. All changes and/or modifications will become effective upon posting to this web address: https://www.prosupps.com/affiliate-terms. The Affiliate should regularly read this document to make sure that his/her use of the Affiliate Program remains compliant with this Affiliate Agreement.
If any modification is unacceptable to the Affiliate, he/she may immediately terminate the present agreement. His/her continued participation in the Affiliate Program will constitute binding acceptance of such modifications.
The Affiliate must be over the age of 18 in order to enter into this Affiliate Agreement.
The Affiliate guarantees that all his/her activity related to the Affiliate Program is entirely compliant with all applicable laws, regulations, and any requirements of public authority. The Merchant retains the right to terminate the Affiliate's participation in the Affiliate Program, in its sole discretion, if any of the Affiliate's actions breach any regulations of governmental authority.
This Affiliate Agreement represents the entire understanding between the Merchant and the Affiliate. This Affiliate Agreement overrides any other accepted agreements between the parties and neither party shall be bound by any statements not covered in this Agreement.
Any dispute arising in relation to this Affiliate Agreement shall be exclusively resolved in the Courts of Law.