Affiliate Agreement
Cada participante del Programa de Afiliados ofrecido por Media Digital Fácil (el “Operador del Programa”) en https://gainyourmoney.com/en/affiliate-area/ (el “Sitio de Internet”) expresamente acepta el presente Contrato de Afiliados.
NOTICE: PLEASE READ THIS CONTRACT CAREFULLY. UNLESS YOU EXPRESSLY ACCEPT AND AGREE TO THIS AGREEMENT, YOU MAY NOT PARTICIPATE IN THE AFFILIATE PROGRAM. BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT REGISTER WITH THE AFFILIATE PROGRAMME.
This Agreement incorporates the Program Operator’s terms, conditions, and policies (found on this Web Site) herein as if fully set forth herein.
Throughout this Agreement, “Affiliate Program” means the Affiliate Program operated by the Program Operator in part for the Website.
Affiliates
Each Affiliate is an independent contractor to the Programme Operator and not an employee. Nothing contained herein is intended to create an employer/employee relationship.
Registration of affiliates
We review and moderate all affiliate records, and appreciate your accurate and honest information. Please note that the review process may take a few days, so we appreciate your patience.
If you are approved, you will receive an email with your affiliate account login details!
Commissions and Referral Fees
Each time someone orders through your Affiliate link, your Affiliate ID will be credited with a referral fee if one is specified on our Website. When another Affiliate registers as an Affiliate using your Affiliate link, your account is credited as the Sponsor Affiliate if our Affiliate Program has a multi-level structure. You do not earn a referral fee for signing up another Affiliate. Commission amounts and any referral fees vary according to the product, service or opportunity. You can find out the rate at which your referral commission, if any, is generated in your affiliate area under commission ratio statistics ( https://gainyourmoney.com/en/affiliate-area/?tab=stats ) and is subject to change at any time.
Before a commission payment is sent to an Affiliate, the Affiliate must submit to the Programme Operator information about the payment method by which it will receive its commissions. You will not receive any commission payments by referral until you submit the required documentation to the Programme Operator.
Commissions for products and services are paid at the rates stated on the Website. The Programme Operator will use its best endeavours to pay similar fees on future products, services and opportunities but reserves the right to pay a different scale if necessary.
Tax Obligation
Each Affiliate acts as an independent contractor and as such is responsible for any and all income taxes and other tax obligations affecting or pertaining to sales of the products or services, in its state or location.
Embargoed Nations and Specially Designated Nationals
Each Affiliate agrees to comply with these restrictions and not to export or re-export the materials (including software) to countries or persons prohibited under export control laws. By becoming an Affiliate, you agree that you are not in a country where export is prohibited or that you are not a person or entity to whom export is prohibited. You are responsible for complying with the laws of your local jurisdiction regarding the import, export or re-export of materials (including software).
Each Affiliate is responsible for complying with all applicable laws and regulations of its state or site, including, but not limited to, export control laws.
Commission Plan
Commissions are paid once a month by the payment processor between the 2nd and 7th of each month. To account for possible refunds (e.g. commissions for sales made from 1-31 January are paid between 2-7 March), and are paid by the Programme Operator.
There is a minimum commission amount of $50. This is the minimum amount you must earn before you are paid commissions. In each commission period, your commission must exceed this amount before you can receive amounts for that period. Commissions below this minimum amount will be withheld until such time as the commission equals or exceeds this amount.
These commissions will be kept for a maximum of one year. If the minimum amount is not reached after that year, the commissions will be permanently removed without the affiliate being able to claim payment.
In addition, if in one year you do not register activity in commissions and sales, the account can be closed or suspended.
No commissions are paid for sales for which payment has not been received, nor for any transactions that have been rejected for any reason.
We are not responsible for paying interest to Affiliates on accumulated commission payments not yet delivered.
If a transaction incurs a chargeback, or if an online transaction is not completed, no commission payments will be due to the Affiliate. If a commission has already been paid, then it will be deducted from an active Affiliate’s future commissions.
All commissions are paid in Euro via Paypal or Skrill. Although we can check other payment methods in the future.
Each Affiliate is responsible for selecting the payment processor through which they will receive their referral/commission fees, from among the payment processors supported by the Programme Operator. If you choose a payment processor through which to receive your commissions and later close your account or your account is unavailable for any reason, the Programme Operator will not be liable in the event that you do not receive the money.
Each Affiliate is responsible for always maintaining the payment processor through which they receive their referral/commission OR for selecting an alternative payment method supported by the Programme Operator. This choice is made by the Cardmember and the Programme Operator assumes no responsibility for the non-receipt of payments made in accordance with the payment processor chosen by the Cardmember, nor for the Cardmember’s lack of ability to comply with the payment processes or processors supported by the Programme Operator.
The Programme Operator assumes no responsibility for an Affiliate who does not choose a payment processor. If an Affiliate does not choose a payment processor, amounts due will be paid by cheque and applicable fees for payments by cheque or bank draft will be deducted.
Mixed Products
As a Program Operator’s Affiliate, your website on which you advertise the Program Operator’s products or services will only include products that cannot be viewed by persons 13 years of age or younger, unless the Program Operator specifically allows such products. Your Website will NOT include content or images that are NOT suitable for viewing by persons 13 years of age or younger, if You include any reference to the Program Operator, the Website, the eBook(s), or your Affiliate link. On any Website where You include a reference of any kind to the Program Operator, its products, services or e-books, You will NOT include references of any kind to any form of “Adult” content. Any violation of these requirements will result in the immediate termination of your Affiliate status and you will lose the right to receive any referral fees/commissions owed to you. In the event that a violation of these requirements results in the suspension or termination of a payment processor for or by the Program Operator, you will be liable for liquidated damages of $10,000 as well as actual or consequential damages that may be incurred by the Program Operator.
Payment Processor Fees
All commissions are calculated on a net transaction basis. In other words, all taxes, shipping and payment processor charges are first deducted from the amounts charged to the customer. The remaining amount is a commissionable sale. The commission rate listed on the Website is then applied to determine the amount due to the Affiliate. All amounts paid for taxes, shipping and payment processor charges are not subject to commission. The Program Operator may also charge a per transaction fee for each transaction processed. In the event that a per transaction fee applies, the amount of the fee can be viewed on the Website. This fee is not subject to commission and is also deducted from the amounts paid by the customer, before any commission is calculated.
Junk Mail and Unsolicited Commercial Email (UCE)
The Program Operator does not tolerate the sending of unsolicited email (UCE or SPAM) promoting, or referring to, the Program Operator, or any of the associated companies or Websites, Partners or employees, the Websites, products or services. The provisions of the Program Operator’s Anti-Spam Policy will apply to each Affiliate. Any Affiliate who, in the opinion of the Program Operator, violates this rule will have their Affiliate status cancelled and will lose the right to all outstanding commissions.
Government or Law Enforcement Agency Investigations
The Program Operator reserves the right to reject an Affiliate application or immediately terminate a Program Affiliate that has ever been investigated by a government or law enforcement agency for the Affiliate’s commercial marketing or advertising practices online or offline. Each applicant for the Program shall disclose to the Program Operator any such investigation, including the results of such investigations, so that the Program Operator can make an informed decision as to whether or not the applicant is eligible for the Program.
Once an applicant is approved, it must also immediately disclose to the Programme Operator any such investigation that occurs during the period that the applicant is an Affiliate. Any violation of the provisions of this paragraph shall constitute a material breach of this Agreement, the Affiliate’s status as an Affiliate under this Programme shall terminate without notice, and the Affiliate shall lose the right to all Affiliate commissions as partial compensation for damages incurred by the Programme Operator for the Affiliate’s violation.
Non-Professional Conduct
The Programme Operator and its partner companies operate under the strictest codes of professional conduct. An Affiliate who discredits the Programme Operator or its employees, partners or associates, or who incites any form of defamation, racism, unfair business practices, will have its Affiliate status cancelled and will lose the right to all outstanding commissions.
The Programme Operator reserves the right to reject an Affiliate application if, in the opinion of the Programme Operator, the person or entity violates established laws or widespread standards of decency. For example, we will reject applications from persons or companies who promote any form of violence, illegal activities or those from applicants with whom the Programme Operator prefers not to be associated.
Keywords and Promotion
Without the express prior written approval of the Program Operator, no Affiliate shall register, own or use a domain name which includes key words or phrases that include trademarks, Program Operator’s service marks, and/or words contained in the Program Operator’s domain name https://mediadigitalfacil.com. Without the express prior written approval of the Program Operator, no Affiliate shall use any of these words in any pay-per-click (PPC) or cost-per-action (CPA) campaign. Any violation of the provisions of this paragraph shall constitute a material breach of this Agreement, the Affiliate’s status as an Affiliate under this Program shall terminate without notice, and the Affiliate shall forfeit all of the Affiliate’s commissions as partial compensation for the damages incurred by the Program Operator for the Affiliate’s violation.
Negative Promotional Content
Affiliates will not use negative content to promote products or services sold by the Programme Operator. This includes, but is not limited to, the use of reviews or advertisements that refer to the Programme Operator’s products or services as “scam,” “fraud,” “bogus,” “false,” “stinking” or synonyms or phrases that convey the same meaning. The Programme Operator is aware that this marketing tactic may generate leads for an Affiliate, but it does so at the expense of the Programme Operator’s good name. Any violation of the provisions of this paragraph shall constitute a material breach of this Agreement, the Affiliate’s status as an Affiliate under this Programme shall terminate without notice, and the Affiliate shall lose the right to all of the Affiliate’s commissions as partial compensation for the damages caused to the Programme Operator by the Affiliate’s violation.
Prohibited economic incentives
Affiliates will not use cash refunds or other financial incentives to promote products or services sold by the Programme Operator. This includes, but is not limited to, offering to refund a portion of the purchase price to anyone who purchases through the Affiliate’s link to the Program. Such financial compensation devalues the Programme at the expense of the Programme Operator. Any violation of the provisions of this paragraph shall constitute a material breach of this Agreement, the Affiliate’s status as an Affiliate under this Programme shall terminate without notice and the Affiliate shall lose the right to all of the Affiliate’s commissions as partial compensation for the damages incurred by the Programme Operator for the Affiliate’s violation. However, nothing in this paragraph prevents the Affiliate from awarding non-cash bonuses to buyers as an incentive to purchase through the Affiliate’s link as long as such other bonuses are permitted by law.
Affiliate Sales and Tracking
After signing up for the Affiliate program, you will receive a unique Affiliate URL that you will use to promote the Website. When someone clicks on this URL, a cookie will be set on this individual’s browser with their Affiliate ID and the individual’s IP address can also be recorded with their Affiliate ID. During that visit to the Web Site or a subsequent visit, when a purchase is made, commission will be awarded based on the existence of the cookie.
The duration of the cookie is 7 days.
To receive the corresponding credit for sales, a person or entity must purchase through their unique Affiliate URL. Link masking or cloaking (whether software or script based, and sometimes referred to as “Affiliate link masking”) may or may not work with parts of the Web Site and this Affiliate Program. The Program Operator allows masking or concealment but must provide a repeatable process for our verification of the masked link, otherwise use of the masked or concealed link is denied.
Term and Termination
This agreement will begin with your enrollment in the Affiliate Program and will end when either you or the Program Operator terminate your Affiliate status, or if your account is inactive for a continuous period of twelve months. An Affiliate may terminate this agreement at any time, and for any reason, in writing – or by sending an email – to the Programme Operator at the email address provided on the Website. The Affiliate may not assign this contract, or the rights expressed in this contract, to any third party.
The Programme Operator may also terminate this agreement at any time, and for any reason, by writing to the Affiliate at the email address indicated in the Affiliate’s profile, with 30 days notice. The Programme Operator may assign this contract to any party at any time and it shall remain in full force and effect, without notice to the Affiliate. However, if this contract is terminated for cause due to violation of the contract or the Terms and Conditions, this contract will terminate immediately and the Affiliate will lose all rights to the commissions then payable.
Rights to Modify the Contract
The Program Operator, and its affiliated companies may, in good faith, modify the agreement and/or the other terms, conditions and policies of the Web Site (including the Affiliate Commission Program), at any time and in their sole discretion, by posting a notice of change or a new agreement on the Web Site. These changes will be effective immediately upon posting. The Affiliate’s continued participation in the Affiliate Program following such publication of a change notice or new agreement shall constitute the Affiliate’s binding acceptance of the change.
If any change to this contract is not acceptable to the Affiliate, the Affiliate’s sole remedy is to terminate this contract. Upon termination of this agreement, the former Affiliate must remove all Affiliate links and graphics from its Website, and avoid posting them in any manner.
Improper use
It is understood that the individual using the Programme Operator’s system may not use it in connection with obscene, defamatory, libellous, abhorrent, illegal or politically destructive material, the definition of which is subject to the sole discretion of the Programme Operator. It is also understood that Affiliates must not attempt to mislead the system with the intention of increasing payments due to them. If such misuse is detected, the Affiliate will be immediately terminated as such and all amounts payable as and for commissions will be withheld. All Affiliates also agree to avoid participating in hostile activities towards the system. Any individual who engages in hostile activities, such as hacking, will be held liable for losses incurred by the Program Operator or its partners due to such action.
Only in its current state
There are no guarantees of any kind regarding the Programme Operator’s system in terms of functional safety, stability, quality or reliability. This means that the Programme Operator or its partners are not liable for any loss or damage incurred directly or indirectly due to the use of the Website, the Programme Operator’s products, services or any other facet of the system. This shall include, but not be limited to, system malfunctioning, periods of non-operation or availability, loss of information, discontinuation of service or other inconvenience.
Prices
The Program Operator WILL NOT CHARGE ANY FEE to Affiliates for setting up an account to join the Affiliate Program or any program.
Electronic Communications and Email
The Programme Operator requires your primary email address to be listed in your affiliate profile. Affiliates will not be able to use the Website or participate in the Affiliate Program until their email addresses are verified. Those who do not verify their email address or use an email address that consistently generates an error response (e.g., “User capacity exceeded” or “Mailbox full”) will lose all rights to commissions due and this agreement will be terminated immediately.
You may not use an email address with an automatic reply as your Affiliate email address. When you visit the Program Operator’s Websites or send e-mails to them, you are communicating electronically. You agree to receive communications from the Program Operator in electronic form. The Program Operator will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that the Program Operator provides to you electronically satisfy the legal requirements that such communications be in writing. If you are an Affiliate, you understand that you may NOT opt out of receiving emails from the Program Operator. As an Affiliate, you must have a valid email account registered with the Program Operator on an ongoing basis or we reserve the right to terminate your participation immediately, without payment of any licence fees or refunds of fees due.
Unauthorised Charges Or Receipt Of Payments Through The Sites
No Affiliate or other person or entity may use the Website or the Program Operator’s payment processing system for private transactions. Any profits obtained through the Website or through the Program Operator’s payment processing system shall be the sole property of the Program Operator. Specifically, Affiliates may not link to the Website for processing products or services that are not fully sponsored by the Program Operator and authorised by the Program Operator and furthermore, may not link to the Website for processing products beyond what the Program Operator has identified as saleable products for the Website and specific sales by the Affiliate.
In the event that an Affiliate of the Programme Operator or another person or entity builds links that process orders through the Programme Operator’s payment processing system, this action will be considered an attack on computer resources with the intent to damage the Website and will therefore be treated as a serious computer crime. Violators will be prosecuted to the fullest extent of the law.
Collect Or Receive Any Payment For Helping Other Affiliates
An Affiliate’s progress benefits the Programme Operator in several ways. If you recruit, sponsor or obtain Affiliates through the Websites, by any means, you must always be willing to assist such Affiliates at no charge to them if you are receiving compensation from the Program Operator for the Affiliate’s sales in a multi-level payment system. If You are not willing to assist such Affiliates free of charge, Your Affiliate status with the Programme Operator will be terminated immediately and commissions due will be permanently withheld as partial compensation for handling the Affiliate partners and affected Affiliates.
Affiliate Identification Numbers
You will be assigned an Affiliate ID number. Your Affiliate ID number can be numerical and/or can be assigned to MOST AND LESS. For example, the code ‘learn_more’ is different from ‘Learn_More’. You are responsible for maintaining the secrecy and security of your Affiliate ID and password. You agree to hold the Program Operator harmless in the event that such information is shared by you with any other person or entity.
No Predatory Advertising
All Affiliates in the Affiliate Program agree to avoid all predatory advertising practices, the definition of which shall be at the sole discretion of the Program Operator, and shall include, in a descriptive but not limited manner, dynamically replacing one Affiliate’s Affiliate ID with another Affiliate’s Affiliate ID with the effect of “stealing” the commission of the Affiliate who earned it, whether intentionally or not. Affiliates will not be able to adjust any of the Affiliate links provided to reset cookies or bypass other system safeguards. Affiliates understand that participating in such practices is grounds for immediate termination and loss of entitlement to earned commissions.
Responsibility
The Program Operator shall not be liable for indirect or accidental damages (loss of revenue, commissions) due to sales tracking failures of the Affiliate’s system, failures of the commission processing system, loss of database files or backups, attacks on computer resources, computer viruses, the continued viability of its products, results of “attempted damage” to the program, or cases of force majeure or natural disasters. The Program Operator does not warrant that the operation of the Websites or the Program Operator’s network will be error-free and the Program Operator shall not be liable for any interruptions or errors.each Affiliate acts as an independent contractor and as such is responsible for any and all income taxes and other tax obligations affecting or pertaining to sales of the products or services, in its state or location.