Affiliate Program Agreement
Here are the terms for our Affiliate partners. If you are interested in becoming our sales partner, contact us by email at: email@example.com or by mobile: +358 40 720 0950. Terms are effective starting: 15th of October, 2019.
eqTAG Oy, a company organized and existing under the laws of Finland and having its principal place of business at Elannontie 3, 01510 Vantaa, Finland, hereinafter referred to as the “eqTAG, “we” or us”.
Add your (company) name here, organized and existing under the laws of add your country here and having its principal place of business at add your address here, hereinafter referred to as “the Affiliate”, “you” on the other hand.
2. AFFILIATE PROGRAM APPLICATION
To register for the Affiliate Program, you must provide your legal full name, a valid email address, Bank account information and any other information requested in order to complete the commission payment process for an Affiliate account (“account”). Information shall be filled and signed in to Appendix No.1. Affiliate Program Application Form.
You may provide Invitees with access to your Agreement by inviting them to register as an user of your Agreement. New Invitees’ Agreement enters into force as soon as the Appendix No.3 The Affiliate Program registration form for the Invitee has been signed by the Parties and Invitee.
3. ACCEPTANCE OF TERMS
By signing this Affiliate Program Agreement (the “Program”, the “Agreement”) you agree to be bound by the following terms and conditions (the “Terms”).
If you provide or otherwise make available access to your Agreement in whole or in part in any form to any person including your Invitees you undertake to ensure that all Invitees comply with these Terms and acknowledge that you shall remain responsible and liable for the acts or omissions of all Invitees to the same extent as if you had carried out such acts or omissions yourself.
You may not use the Program for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction (including but not limited to copyright laws).
Any violation of these Terms may result in, among other things, termination or suspension of your rights to be an Affiliate and forfeiture of any outstanding affiliate commission fee payments earned during the violation.
eqTAG may change these terms if it is required by the legal ordinances. Other changes in the terms and conditions of this Agreement shall be agreed with the mutual acceptance.
4. AGREEMENT DOCUMENTS
The Agreement shall include the following documents having priority in their order of listing:
- This Agreement
- Appendix No.1 The Affiliate Program registration form
- Appendix No.2 The Affiliate Program registration form for the Invitees
- Appendix No.3 Commission rate structure for the Affiliate
- Appendix No.4 Commission rate structure for the Invitee
5. PROMOTION AND FINANCIAL RESPONSIBILITIES
Once you have signed the Agreement, we will provide you an account for the eqTAG’s demo booking calendar in our webpages: https://eqtag.com/book-demo. This tool is available free of charge for your marketing activities.
We may also provide graphical images and other marketing material that can be used to promote eqTAG. You may not modify these images in any way. We reserve the right to change the images and material at any time without notice.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site.
You may not use our name or graphics in any bulk email whatsoever unless we have given our advanced written consent. We may terminate the Agreement if any meaningful spam complaints naming us or our services result from your marketing activities.
Unless we have given our advanced written consent, the Affiliate will be fully responsible for all costs and expenses of maintaining and marketing the Affiliate Program, including but not limited to costs associated with the creations, hosting, modification, and improvements to the Affiliate’s website, costs of search engine placement, and other Internet marketing, offline marketing costs, postage costs, and all other costs and expenses, and the Affiliate hereby holds eqTAG harmless from or against the same.
Every customer who buys a service through this program is deemed to be a customer of eqTAG. Accordingly, all of our rules, policies, and operating procedures concerning pricing, customer orders, customer service, and services sales will apply to those customers. The latest versions of our terms and policies are available in our webpages: https://eqtag.com/terms-of-service and https://eqtag.com/privacy-policy.
We may change our policies and operating procedures at any time. eqTAG is not responsible for any representations made by the Affiliate that contradict our rules, policies or operating procedures.
7. CUSTOMER SERVICE
eqTAG will be responsible for all customer service related to handling customer purchases, customer invoicing and technical support for the software.
8. PRICING & AVAILABILITY
eqTAG will determine the prices to be charged for services sold under this Program in accordance with our own pricing policies. Services prices and availability may vary from time to time. Because price changes may affect services, you should not display services prices on your site. Official and up-to-date pricing is only available in our webpages at: https://eqtag.com/pricing.
Commissions will be paid based upon of all sales in the Affiliate’s or Invitee’s sales area. The commission fee is calculated of our revenue from customers and will be paid monthly until customer’s subscription is terminated. Commission fees are paid monthly also after termination of this Agreement until customer’s subscription is terminated. If termination has taken place due to clause 3.4, commission fees will not be paid after termination of this Agreement.
The sales area for Affiliate and Invitees’ are defined in the Appendix No.1 The Affiliate Program registration form and in the Appendix No.2 The Affiliate Program registration form for the Invitee.
The commission fee percentage for Affiliate and Invitees’ are defined in the Appendix No.3 Commission rate structure for the Affiliate and in the Appendix No.4 Commission rate structure for the Invitee.
The commission fee will be credited to your account once the customer pays their subscription. Commission fees are only earned if a customer makes a payment in full.
Accrued commission fees are paid roughly once per month and only when your accrued commission fees total 200 EURO or more.
To simplify invoicing between us, we will issue self-billed invoices for all commission fees during the term of this Agreement. The invoice will show your name, address and VAT registration number (if you are a business in an EU member state). You undertake to update your invoicing details promptly for any changes. You will accept invoices raised by us during the term of this Agreement. You agree you will not raise invoices for payments covered by this Agreement.
Where the customer has paid a subscription in EURO, we will credit the associated commission fees in EURO at the time of payment.
Customer payments refunded or payments charged-back due to credit card fraud do not qualify for commission fees. We may delay crediting of commission fees subject to risk analysis considerations and Anti-Money Laundering procedures.
We reserve the right to disqualify commission fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
All commissions are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on your involvement in this Agreement and shall be the responsibility of, and payable by you. If your place of business is Finland and you provide a valid VAT registration number, VAT will be added to your commission fees.
11. COPYRIGHTED AND TRADEMARKED MATERIAL
You are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site or marketing) obey all applicable copyright, trademark, and other laws. eqTAG will not be responsible if you use another party’s copyrighted or trademarked material in violation of the law.
12. 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 not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.
13. LIMITATIONS OF LIABILITY
eqTAG and any of the eqTAG’s officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Program.
Nothing in this legal notice shall exclude or limit eqTAG’s liability for any liability which cannot be excluded or limited under applicable law.
If your use of material provided under this Program results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
eqTAG’s maximum aggregate liability under in connection with these Terms, or any collateral contract, whether in contract, tort (including negligence) or otherwise (a “Claim”), shall be limited to a sum equal to the aggregate amount which we are obliged to pay you in the twelve (12) month period immediately prior to the period giving rise to such Claim.
All notices given by you to us must be given to eqTAG at firstname.lastname@example.org. We may give notice to you at the e-mail address you provided to us in this Agreement. Notice will be deemed received and properly served 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. FORCE MAJEURE
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control (a “Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of public or private telecommunications networks;
(a) the acts, decrees, legislation, regulations or restrictions of any government.
Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
If we fail, at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled hereunder, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
The Agreement shall be governed by the laws of Finland.
Any disputes arising out of or in connection with this Agreement shall in the first place be solved by the Parties in common negotiations. If the Parties are not able to find an amicable solution within three (3) months from the first written request, then the dispute shall be finally settled in arbitration by one (1) arbitrator in accordance with the law of Finland governing such arbitration procedure in force on the date of commencement of such procedure. If the Parties fail to agree upon the arbitrator, then such arbitrator shall be appointed by Arbitration Committee of the Central Chamber of Commerce of Finland. The arbitration shall take place in Helsinki. The language to be used in the arbitration procedure shall be English.
19. ENTERING INTO FORCE, DURATION, EXPIRATION
This Agreement shall enter into force as soon as it has been signed by the Parties. The Agreement shall be valid for an indefinite period. Either Party is entitled to terminate this Agreement by three (3) months prior written notice.
20. COMPENSATION BUYOUT, PAYMENT TIME
eqTAG reserve the right to buy out Affiliate’s or Invitees’ existing commission fees. The buyout price shall be calculated at the date the buyout was informed in written. Buyout price shall be: The sum equal to the aggregate amount of Affiliate’ or Invitee’s monthly commission fees which we are obliged to pay, multiplied with twelve (12).
After buyout eqTAG is not responsible to pay anything for the Affiliate or Invitee who has been bought out.
This Agreement has been executed in two identical copies, one for the Affiliate and one for eqTAG, by the authorized representatives of the Parties at the place and on the date specified below.
Place: ……………………………… Place: ………………………………
Date: .…………………………….. Date: .……………………………..
Toni Lahtinen Your Name
CEO Your Title
eqTAG Oy (Your company)