Thank you for your interest in Analisa.io’s Affiliate program. Our Affiliate Partners are very important to us. This agreement is designed with you in mind, as well as protecting you, Analisa.io and our customers. Please kindly read thoroughly and if you have any questions, please contact us at firstname.lastname@example.org
This agreement describes the terms and conditions for participation in the Analisa affiliate program. In this agreement, the term "Affiliate" refers to you (the applicant). In this agreement, “Analisa” refers to Analisa.io, with whom you are entering this agreement. By applying to the Analisa.io affiliate program you are confirming that you have read the agreement and agree to the terms and conditions.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Analisa's Affiliate Program. The purpose of this Agreement is to allow linking between your web site and Analisa. Please note that throughout this Agreement, "we," "us," and "our" refer to Analisa.io, and "you," "your," and "yours" refer to the affiliate.
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit the online application at the analisa.io-affiliate. We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes "Analisa" or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Analisa.io or any other affiliated business.
2.2. As a member of Analisa.io's Affiliate Program, you will have access to our Affiliate Account Manager. Here you will be able to review our Program’s details and previously-published affiliate newsletters, download HTML code (that provides for links to web pages within the Analisa.io web site) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
2.3. Analisa.io reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.
3. Analisa.io Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Analisa.io Affiliate Program.
3.2. Analisa.io reserves the right to terminate this Agreement and your participation in the Analisa.io Affiliate Program immediately and without notice to you should you commit fraud in your use of the Analisa.io Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Analisa.io shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Analisa.io's Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Analisa.io's Affiliate Program following the posting of a change notice or new Agreement on our site will indicate your agreement to the changes.
6. Affiliate Programs
There is only one Affiliate programs with Analisa.io: lifetime recurring commission for every conversion.
7. Referral Tracking
Analisa.io will provide the Affiliate with specific Referral Links to link advertisements and other marketing content to Analisa.io. Analisa.io will track users who have visited these Referral Links using cookies which expire after 90 days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard.
The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. Analisa.io is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.
8. Affiliate Fees and Payouts
A referral will become eligible for payout ("Eligible Referral") every 12th every month if it meets all of these criteria:
-The referral makes a purchase of a new Premium, Plus, or Pro Plan subscription that has paid in full.
-The referral's account remains active and in good standing.
-The referral's account has not had any of its payments refunded, charged back or otherwise reversed.
All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default Analisa.io error page. This error page informs visitors that the web page they are looking for cannot be found, and may include, but without limitation to, the following:
-Links to additional products and services offered by Analisa.io.
-An internet search engine interface.
-Failure to meet any of these criteria will permanently void the referral and disqualify the referral from any potential payouts.
The Affiliate is entitled to receive a lifetime recurring payment of 30% commission from the conversion in United States Dollars for each active Eligible Referral that is recorded in the Affiliate Dashboard ("Affiliate Fee"). Payment will be cashed out when their balance reaches a minimum balance of $50 USD. Payments will generally be paid out via PayPal.
All Affiliate Fee payments will be payable in United States Dollars only, except as otherwise determined by Analisa.io in its sole discretion. Payment will be made through PayPal against a valid invoice issued by the Affiliate using the invoice generation and submission tool located in the Affiliate Dashboard. The Affiliate is responsible for providing Analisa.io with the full and accurate details that are required to remit the Affiliate Fees, and is solely responsible for any delays in payment resulting from its failure to do so.
Referrals will become void, and any unpaid Affiliate Fees will be forfeited, after 12 calendar months.
In the event of any activity deemed suspicious by Analisa.io, Analisa.io may delay the payment of Affiliate Fees by up to 6 months to verify the relevant transactions. Analisa.io reserves the right to recalculate, void, or disqualify any referrals or Affiliate Fees in the event of any fraudulent, deceptive or otherwise illegal activity.
Referrals for purchases made through Analisa.io promotional or special offers are not eligible for a payout.
Affiliate partners are not allowed to subscribe via their affiliate or referral links. The system will identify and automatically waived the commission when the mentioned transaction is made.
9. Promotion Restrictions
9.1. You are free to promote your own web sites, but naturally any promotion that mentions Analisa.io could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Analisa.io. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name.
In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Analisa.io so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Analisa.io so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Analisa.io. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Analisa.io Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
9.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as Analisa.io, analisa, www.analisa, www.analisa.io, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Analisa’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
9.3. Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in Analisa’s service).
9.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Analisa’s site (i.e., no page from our site or any Analisa.io’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Analisa site in IFrames, hidden links and automatic pop ups that open Analisa.io’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
10 Usage and Obligations
Affiliates are permitted to use the Analisa.io brand and marketing resources available in the Affiliates section of the Analisa.io website. Logos and other assets cannot be modified. The Affiliate does not gain any trademark, copyright or any other rights to these materials.
The Affiliate will never imply that they are acting on behalf of Analisa.io and will never advertise Analisa.io products directly. The Affiliate will never bid for advertisements that compete with Analisa.io.
The Affiliate will never represent themselves, Analisa.io or their relationship with Analisa.io in a false or misleading way.
The Affiliate will not engage in the distribution of unsolicited bulk email (spam) mentioning or referencing Analisa.io.
11. Grant of Licenses
11.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorized for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Analisa.io's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Analisa.io and the goodwill associated therewith will inure to the sole benefit of Analisa.io.
11.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
12. Term and Termination
Either party has the right to terminate the agreement immediately without prior notice.
If the Affiliate terminates the agreement, no further commissions from Analisa.io will be paid for any past or future customer transactions.
If Analisa.io chooses to terminate the agreement, any balance greater than $50 USD will be paid to the affiliate within 60 days of termination. Balances that are smaller than $50 will be forfeited.
If the Affiliate is on a recurring program, Analisa.io will not be obligated for any future payments after termination.
13. Representations and Warranties
You represent and warrant that:
13.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
13.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
13.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
14. Limitations of Liability
We will not be liable to you with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this agreement, in no event shall analisa.io's cumulative liability to you arising out of or related to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees paid to you under this agreement.
You hereby agree to indemnify and hold harmless Analisa.io, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
17.1. You agree that nothing in this Agreement will constitute any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Analisa.io. 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
17.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
17.3. This Agreement shall be governed by and interpreted in accordance with the laws ofthe Republic of Indonesia without regard to the conflicts of laws and principles thereof.
17.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
17.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
17.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
17.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.