Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company’s good name. So please bear with us as we take you through this legal formality.
If you have any questions, please don’t hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results please email us at firstname.lastname@example.org.
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MERCHANT, SMILESUMO.CO.UK
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in smile sumo.co.uk’s Affiliate Program. The purpose of this Agreement is to allow you to share links from Smilesumo.co.uk to your social media profile in exchange for monetary compensation. Please note that throughout this Agreement, “we,” “us,” and “our” refer to Smilesumo.co.uk, 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 here. We manually approve all affiliate accounts before granting you access to the affiliate tracking system. We may reject your application at our sole discretion. We may cancel your application if we determine that you are using our links anywhere other than:
- Other social networks that haven’t been included above;
- You may not share Smilesumo.co.uk’s content on your own or any other website, nor are you permitted to share Smilesumo.co.uk’s content via email or in physical form; such as flyers.
2.2. As a member of Smilesumo.co.uk’s Affiliate Program, you will have access to the XZist Affiliate Account Manager For Influencers. Here you will be able to review our Program’s details and retrieve trackable links to Smilesumo.co.uk’s content. In order for us to accurately keep track of all guest visits from your shares, you must use the trackable links that we provide via the Affiliate Account Manager For Influencers for each article.
2.3. Smilesumo.co.uk reserves the right, at any time, to review your link placements and approve the use of those links and require that you change the placement to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your social pages will be your responsibility. We may monitor your social profiles 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.
3. Smilesumo.co.uk’s Rights and Obligations
3.1. We have the right to monitor your social profiles 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 profiles that we feel should be made, or to make sure that the links your share to our web site are placed appropriately and to notify further you of any changes that we feel should be made. If you do not make the changes to your social profiles that we feel are necessary, we reserve the right to terminate your participation in the Smilesumo.co.uk Affiliate Program.
3.2. Smilesumo.co.uk reserves the right to terminate this Agreement and your participation in the Smilesumo.co.uk Affiliate Program immediately and without notice to you should you commit fraud in your use of the Smilesumo.co.uk Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Smilesumo.co.uk shall not be liable to you for any commissions for such fraudulent traffic.
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 only be in the form of email and should be given at least 30 days prior to termination. 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 and without notice. Modifications may include, but are not limited to, changes in payment procedures and Smilesumo.co.uk’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Smilesumo.co.uk’s Affiliate Program following the posting of agreement updates will indicate your agreement to the changes. We urge you to regularly check this page.
6. Payment & Tracking
6.1. Smilesumo.co.uk uses a third party platform to handle all of the tracking and payment. The third party for tracking is the XZist.com Affiliate Account Manager For Influencers and payments are made by PayPal.com. All payments are paid directly from Smilesumo.co.uk and not XZist.com.
6.2. Payments are made at the final day of each month with earnings being paid 30 days in arrears; meaning than if you started on 1st September, your earnings would be calculated up until the 30th and paid at the end of October.
7. Access to Affiliate Account Interface
You will create a password once you have been accepted into our affiliate program so that you may enter the secure interface. From there you will be able to see all your reports that will describe the calculations for the commissions due to you [within the selected filter range].
8. Promotion Restrictions
8.1. You are free to promote any of our website post and/or pages, but only on social network profiles. You may not share our content on your own or any other website, via email or in physical form. If it comes to our attention that you are spamming or using any forbidden sharing methods, we will consider that cause for immediate termination of this Agreement and your participation in the Smilesumo.co.uk 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. Grant of Licenses
9.1. 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 authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Smilesumo.co.uk’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Smilesumo.co.uk and the good will associated therewith will inure to the sole benefit of Smilesumo.co.uk.
9.2. 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.
10. 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 SMILESUMO.CO.UK’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 SMILESUMO.CO.UK, 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.
13.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and SMILESUMO.CO.UK. 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 social profiles or otherwise, that reasonably would contradict anything in this Section.
13.2. 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.
13.3. This Agreement shall be governed by and interpreted in accordance with the laws of the United Kingdom without regard to the conflicts of laws and principles thereof.
13.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
13.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
13.6. 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.
13.7. 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.