Affiliate Agreement Terms and Conditions
As an authorized affiliate of Smackcoders, you are bound by the terms and conditions outlined in this Agreement. It is important that you review and understand the contents of this Agreement before registering and promoting Smackcoders Products as an Affiliate.
As a participant in the Smackcoders Affiliate Program (Program), your role is to promote our website through legal means and earn a commission on memberships and products that are purchased by individuals referred to Smackcoders through your own website or personal referrals. By joining the Program, you agree to abide by the terms and conditions outlined in this Agreement.
1. Approval or Rejection of the Application
We have the exclusive right to accept or decline any Affiliate Program Application at our sole discretion. In the event of rejection, you acknowledge that you have no legal recourse against us.
2. Commissions
As an Affiliate, you’ll receive monthly commissions paid out in USD ($), provided that the accounts you refer stay active for at least 37 days. Please note that self-referrals are not allowed, and you won’t earn a commission for your own accounts. Additionally, you’ll only receive one commission per referral, even if the person orders multiple accounts using your link – you’ll be compensated for the first order only.
Please keep in mind that commissions will only be paid for completed transactions. If a transaction results in a chargeback or refund, you won’t receive a commission for it.
3. Termination
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
Spamming (mass email, mass newsgroup posting, etc.).
Advertising on sites containing or promoting illegal activities.
Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
Violation of intellectual property rights. Smackcoders reserves the right to require license agreements from those who employ trademarks of Smackcoders in order to protect our intellectual property rights.
Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with Smackcoder products , however, is acceptable.
Self referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, Smackcoders reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or for no reason.
4. Affiliate Links
As an affiliate, you are allowed to use both graphic and text links on your website and in your email communications. Additionally, you may promote Smackcoders Products through online or offline classified ads, magazines, and newspapers. You can utilize the graphics and text provided by Smackcoders, or you may create your own promotional materials as long as they are appropriate and compliant with the conditions outlined in Condition 3.
5. Liability
Smackcoders cannot be held responsible for indirect or incidental damages resulting from failures in affiliate tracking, loss of database files, or any malicious actions taken against the Program and/or our website(s), including but not limited to loss of revenue or commissions. We do not offer any express or implied warranties regarding the Program or any products sold by Smackcoders. We cannot guarantee that the Program or our website(s) will operate flawlessly, and we will not be held accountable for any interruptions or errors that may occur.
6. Term of the Agreement
This Agreement will commence upon your acceptance into the Program and will continue until the termination of your Affiliate account. We reserve the right to modify the terms and conditions of this Agreement at any time. If you find any changes unacceptable, you may terminate your Affiliate account. However, if you choose to continue participating in the Program, it will imply your acceptance of the updated terms and conditions.
7. Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior written permission.
8. Indemnification
Under this agreement, Affiliate is responsible for indemnifying and protecting Smackcoders, as well as its affiliate and subsidiary companies, officers, directors, employees, licensees, successors, and assigns, including those authorized by Smackcoders to distribute materials, from all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising from any claims related to this agreement, resulting from the negligence, misrepresentation, failure to disclose, or intentional misconduct of the Affiliate.
9. Governing Law, Jurisdiction, and Attorney Fees
This Agreement will be governed and interpreted in accordance with the laws of the State of Tamil Nadu. Any dispute arising from or relating to this Agreement will be resolved exclusively in the state courts situated in the jurisdiction of the Madras High Court.
In the event of legal action to enforce any provision of this Agreement, the party who prevails will be entitled to recover its costs and fees, including reasonable attorney fees, from the other party.
10. Electronic Signatures Effective
The Smackcoders affiliate program is governed by an electronic contract called the Agreement. By completing the Smackcoders application process, you signify your acceptance of this Agreement and all the terms and conditions mentioned in it, which are legally binding. Your completion of the application process acts as an electronic signature that carries the same legal weight as a handwritten signature.
