Affiliate program agreement

1. Introduction

This Affiliate Agreement (the "Agreement") is made by and between MerchantPro, and you, as an Affiliate utilizing the MerchantPro Affiliate Program ("You", "Your", "Affiliate").

By joining the MerchantPro Affiliate Program, you accept and agree to be bound by the terms of this Agreement, so please review them carefully before registering.

We are constantly making improvements to the services that we provide, therefore we reserve the right to make necessary changes to the present Agreement, without prior notice to the Affiliates.

2. Definitions

Affiliate - entity that agrees to promote MerchantPro and its services, based on the terms and conditions set out in this agreement.

MerchantPro - refers to the software platform available via the MerchantPro website.

Lead - Company or individual that has registered for a paid MerchantPro account introduced by an Affiliate that actively promoted the MerchantPro platform.

Creative - any marketing material provided by MerchantPro to the Affiliate with the purpose of promoting the MerchantPro platform.

3. Registering for the Affiliate Program

By filling in and submitting the signup form, and upon acceptance, you become an Affiliate and are bound by the terms of this Agreement. As Affiliate, you agree that your participation in the program solely consists of: legally advertising the MerchantPro website and services, with the purpose of receiving a commission on paid service packages acquired by the companies or individuals that you refer to MerchantPro.

The Affiliates warrant that all information submitted is current, complete and accurate, as required by the registration process or in other sections of the Website and agree to maintain and update this information as needed to keep it current, complete and accurate. MerchantPro reserves the right to suspend access to the Affiliate program, if it is discovered that the information submitted by Affiliates does not comply with the requirements listed above.

MerchantPro reserves the right to suspend or terminate any Affiliate account at any time and without prior notice in case of breach of the terms and conditions presented in this Agreement, in case of your violation of any law or of the rights of any third party, in case of direct or indirect damage brought to MerchantPro or any third party or in case of lack of performance as Affiliate.

MerchantPro reserves the right to deny access to the program if the Affiliate websites represent, include or use:

  • Pornography, adult or mature content
  • Violent content
  • Content related to racial intolerance or advocacy against any individual, group or organisation
  • Excessive profanity
  • Hacking/cracking content
  • Gambling or casino-related content
  • Illicit drugs and drug paraphernalia content
  • Sales of beer or hard alcohol
  • Sales of tobacco or tobacco-related products
  • Sales of prescription drugs
  • Sales of weapons or ammunition (e.g. firearms, firearm components, fighting knives, stun guns)
  • Sales of products that are replicas or imitations of designer or other goods
  • Sales or distribution of coursework or student essays
  • Content regarding programs which compensate users for clicking ads or offers, performing searches, surfing websites or reading emails
  • Any other content that is illegal, promotes illegal activity or infringes on the legal rights of others
  • Illegal downloads, torrents, torrent search engines
  • Competitors of MerchantPro
  • Sections that are not fully functional or that are under construction or development
  • Content displayed without authorization from the legal owners
  • SEO spam techniques or unsolicited email sendouts
  • Content aggregators

Your Affiliate application and status in the program may be suspended or terminated for any of (but not limited to) the following reasons:

  • Inappropriate advertisements (false claims, misleading hyperlinks)
  • Illegal Spamming (mass email, mass newsgroup posting, etc...)
  • Advertising on sites containing/promoting illegal activities
  • Violation of intellectual property rights and trademarks
  • Confusing or misleading use of affiliate links and content
  • Inability to setup links or refer clients to MerchantPro (lack of performance)

4. Promoting MerchantPro Website and Services - Affiliate links

As Affiliate, you may use graphic and text links both on your website and in emails. You are bound to use only the graphics and text provided to you by MerchantPro or approved by MerchantPro in writing and to maintain the associated HTML code unaltered. After termination of your Affiliate status and relationship, you agree to remove all the promotional materials referring to MerchantPro from your website and emails, otherwise your actions will be considered trademark infringement and will be punished according to the applicable law.

5. Affiliate performance tracking

When an Internet user clicks on your Affiliate link, a cookie is set in their browser containing your affiliate identification information. When this person decides to acquire a paid service plan on MerchantPro, the script will match their cookie to identify the Affiliate who will be awarded the commission. Visitors sent through your Affiliate link may make a purchase later in time and the commission will still be awarded, if the Visitor has created an account on MerchantPro within a timeframe of 30 days since the customer has been referred to MerchantPro by the Affiliate. The commission is calculated based on the value of orders placed and paid by the referred customers.

6. Commissions

The commissions represent {COMMISION} from the value of the order without taxes and are calculated only for orders that have been placed and paid.

The Affiliate will be paid the commissions, at such time as the account balance is {WITHDRAW_LIMIT}, after submitting a withdrawal request. The payment method is chosen at the discretion of MerchantPro.

MerchantPro can pay you the commissions only based on an invoice issued by you to MerchantPro. The invoice must contain the value of the commissions plus applicable taxes.

MerchantPro reserves the right to organize price discount campaigns or other promotional activities that may influence the prices of the service packages. In these cases, the commissions will be calculated based on the prices of the service packages that apply at the date of the purchase.

If a user referred by the Affiliate requests a refund, the commission paid initially to the Affiliate will be withdrawn from the Affiliate’s payable commissions.

If the Affiliate account and relationship is suspended or terminated due to the Affiliate breaching the terms and conditions of the present Agreement, MerchantPro reserves the right to not pay the Affiliate the commissions.

7. Affiliate responsibilities and obligations

You agree to promote the MerchantPro website and services and to comply with all laws as well those that govern email marketing and anti-spam laws. MerchantPro reserves the right to accept or reject any customers that you refer and will pay you a commission for each referred customer that acquires a paid service plan by using your affiliate code, according to the MerchantPro payment schedule. It is strictly forbidden to send any unsolicited or unauthorized advertising or promotional materials. Undertaking such actions will lead to the automatic suspension of your Affiliate account. You acknowledge that you are liable and responsible for all actions that do not comply with the applicable law.

Either you or MerchantPro may terminate the Affiliate Agreement and relationship at any time. You are eligible to earn and receive Affiliate payments only during your time as an approved Affiliate. MerchantPro reserves the right to revoke your Affiliate status, change the program or service policies, payment schedule and operating procedures at any time, with or without cause, with immediate effect upon notice to Affiliate.

8. Legal obligations and limits of Liability

MerchantPro will not be liable for indirect, special or consequential damages arising in connection with this program. The Service on which the Affiliate relationship is based is provided "as is”. MerchantPro will take reasonable steps to ensure that the Services are being provided with reasonable skill, care and accuracy, but MerchantPro makes no warranties of any kind regarding the MerchantPro Website or Services or Affiliate program. MerchantPro does not warrant that or guarantee that the operation of the MerchantPro Website, Services or Affiliate program will be uninterrupted or error-free. MerchantPro will not be liable for the consequences of any interruptions or errors.

MerchantPro will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, and any results of "intents of harm" to the program or our website. We do not make any expressed or implied warranties with respect to the Affiliate program and/or products sold at this site.

9. Email contact

MerchantPro reserves the right to send e-mails to You for the purposes of informing you of applicable changes or additions to the Service or any MerchantPro related products and services.

10. Trademark information

"MerchantPro" and the MerchantPro logo are trademarks of SC ShopMania NET SRL. You agree not to display or use, in any manner, the MerchantPro trademark or any related content without prior permission from SC ShopMania NET SRL.

11. Service availability

SC ShopMania NET SRL does not hold liability and reserves the right to modify or discontinue the Website or Services, in part or in whole, temporarily or permanently, or to launch new services or improvements, with or without prior notice.

12. Changes to the Service

MerchantPro reserves the right to change, modify, add or remove terms of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time.