Collect.
chat Inc Affiliate Program
Terms of Service
By signing up to be an Affiliate of the Collect.chat Inc. Affiliate Program (“Program”) you are agreeing to
be bound by the following terms and conditions (“Terms of Service”).
Collect.chat Inc. reserves the right to update and change the Terms of Service from time to time
without notice. Any new features that augment or enhance the current Program, including the release
of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program
after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and forfeiture of any
outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate
Program at your own risk.
Account Terms
You must be 18 years or older to be part of this Program. You must provide your legal full name, a valid
email address, and any other information requested in order to complete the signup process. You are
responsible for maintaining the security of your account and password. Collect.chat Inc. cannot and will
not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when
Content is posted by others who have accounts under your account). One person or legal entity may
not maintain more than one account. You may not use the Affiliate Program for any illegal or
unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction
(including but not limited to copyright laws).
You may not use the Affiliate Program to earn money on your own Collect.chat Inc. product accounts.
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate link. You are
permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in
your emails, or in other communications. To permit accurate tracking, reporting, and referral
commission accrual, we will provide you with special link formats to be used in all links between your
site and the Product Sites. You must ensure that each of the links between your site and the Product
Sites properly utilizes such special link formats. Links to the Product Sites placed on your site pursuant
to this Agreement and which properly utilize such special link formats are referred to as "Special Links."
You will earn referral commission only with respect to purchases on a Collect.chat Inc. product site
occurring directly through Special Links; we will not be liable to you with respect to any failure by you
or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the
extent that such failure may result in any reduction of amounts that would otherwise be paid to you
pursuant to this Agreement.
Affiliate links must point to the home page of the product being promoted. Deep links or links to other
pages inside the product site will not earn credit.
Referral Commissions and Payment
For a Product sale to be eligible to earn a recurring commission, the customer must click-through the
Special Link from your site, email, or other communications to the Product Site and sign up for the
product and make a purchase within 120 days. A cookie, with a lifespan of 120 days is set when your
customer visits the product site via the Special Link. If the customer makes the purchase after the
cookie expires, you will not earn a commission. If the customer clears browser cookies or visits the
product site using a link that is not the Special link, you will not earn a commission. Recurring
commissions are paid every month after the customer has made their first monthly payment. If the
customer cancels their account or stops the payment on the 28th day of their term, you will not receive
prorated commissions or a commission for the current month.
Additional bonus rewards are given, every time you close 10 customers. The bonus rewards are
subject to change from time to time. The commission structure is subject to change at our discretion.
We will notify all Affiliates 30 days prior to a commission structure change. Commissions earned under
the previous structure will be paid under the previous structure. Commissions under the new structure
will be paid under the new structure.
We will only pay commissions on links that are automatically tracked and reported by our systems. We
will not pay commissions if someone says they signed up or someone says they entered a referral
code and was not tracked by our system. We can only pay commissions on purchases made through
properly formatted Special links that can be automatically tracked by our systems. We will only pay
commissions if you referred a regular paying customer to us; any other type of referrals including
partners, agencies or solution providers are not covered under this Affiliate Program.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive,
questionable sales or marketing methods.
Payments by PayPal
Commissions are paid by PayPal. We can not send checks, credit cards, or send cash. You are required
to have a PayPal account to receive commissions. If you don't have a PayPal account you can sign up
for one, anytime. You will not receive your payment without a PayPal account.
Payment Schedule
Payments will be made on 30th of every month. Minimum balance required for payout is $10.00.
Payments are only made via PayPal.
Identifying Yourself as a Collect.chat Inc. Affiliate
You may not issue any press release with respect to this Agreement or your participation in the
Program; such action may result in your termination from the Program. In addition, you may not in any
manner misrepresent or embellish the relationship between us and you, say you develop our products,
say you are part of Collect.chat Inc. or express or imply any relationship or affiliation between us and
you or any other person or entity except as expressly permitted by this Agreement (including by
expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other
cause).
You may not purchase ads or create social-media profiles that direct to your site(s) or through an
Affiliate Link that could be considered as competing with Collect.chat Inc’s own advertising, including,
but not limited to, our branded keywords. You may not mask the referring URL information or
participate in cookie stuffing or pop-ups, false or misleading links are also strictly prohibited. You may
not purchase products through your affiliate links for your own use. Such purchases may result (in our
sole discretion) in the withholding of referral commission and/or the termination of this Agreement.
Customer Definition
Customers who buy products through this Program will be deemed to be our customers. Accordingly,
all of our rules, policies, and operating procedures concerning customer orders, customer service, and
product sales will apply to those customers. We may change our policies and operating procedures at
any time. For example, we will determine the prices to be charged for products sold under this
Program in accordance with our own pricing policies.
Product prices and availability may vary from time to time. Because price changes may affect Products
that you have listed on your site, you should not display product prices on your site. We will use
commercially reasonable efforts to present accurate information, but we cannot guarantee the
availability or price of any particular product.
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant
you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments,
decisions or other requirements of any governmental authority that has jurisdiction over you, whether
those laws, etc. are now in effect or later come into effect during the time you are a Program
participant. Without limiting the foregoing obligation, you agree that as a condition of your participation
in the Program you will comply with all applicable laws (federal, state or otherwise) that govern
marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your 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 a written notice of termination. Upon the termination of this
Agreement for any reason, you will immediately cease use of, and remove from your site, all links to
any Product Site, and all of our trademarks, trade dress, and logos, and all other materials provided by
or on behalf of us to you pursuant hereto or in connection with the Program. Collect.chat Inc. reserves
the right to end the Program at any time. Upon program termination, Collect.chat Inc. will pay any
outstanding earnings accrued.
Termination
Collect.chat Inc., in its sole discretion, has the right to suspend or terminate your account and refuse
any and all current or future use of the Program, or any other Collect.chat Inc. service, for any reason at
any time. Such termination of the Service will result in the deactivation or deletion of your Account or
your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid
commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive,
questionable sales or marketing methods. Collect.chat Inc. reserves the right to refuse service to
anyone for any reason at any time.
Relationship of Parties
You and we 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.
Limitations 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 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 Program will not exceed the total referral commission earnings paid or payable to you under this
Agreement.
Disclaimers
We make no express or implied warranties or representations with respect to the Program or any
products 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 the Product Sites will be
uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or
errors.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS
AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY)
SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS
AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE.
YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM
AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN
AS SET FORTH IN THIS AGREEMENT.
Arbitration
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any
transactions or activities under this Agreement or your relationship with us or any of our affiliates shall
be submitted to confidential arbitration in the state of Delaware. Arbitration under this agreement shall
be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's
award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To
the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to this Agreement, whether through class arbitration
proceedings or otherwise.
