Agreement
By
signing up to be an affiliate you are agreeing to be bound by the
following terms and conditions:
Skycracy
reserves the right to update and change the Terms of Service from
time to time. Any new features that augment or enhance the current
Program, including the release of new tools and resources, shall be
subject to the Terms of Service. Continued use of the Program after
any such changes shall constitute your consent to such changes.
Violation
of any of the terms below will result in the termination of your
Account and for forfeiture of any outstanding affiliate commission
payments earned during the violation. You agree to use the Affiliate
Program at your own risk.
Account
Terms
You
must be 18 years or older.
You
must be a human. Accounts registered by “bots” or other
automated methods are not not allowed.
You
must provide your legal full name, a valid email address, and any
other information requested in order to complete the signup process.
Your
login may only be used by one person – a single login shared by
multiple people is not permitted.
You
are responsible for maintaining the security of your account and
password.
You
are responsible for all Content posted and activity that occurs
under your account.
One
person or legal entity may not maintain more than one account.
You
may not use the Affiliate Program for any illegal or unauthorized
purpose.
Once
you have signed up for the Affiliate Program, you will be assigned a
unique Affiliate Code. You are permitted to place links, banners, or
other graphics we provide with your Affiliate Code on your site, in
your emails, or in other communications. We will provide you with
guidelines, link styles, and graphical artwork to use in linking to
Skycracy. We may change the design of the artwork at any time without
notice, but we won’t change the dimensions of the images without
proper notice.
You
will earn referral fees only with respect to sales on a Skycracy
product occurring directly through Special Links; we will not be
liable to you with respect to any failure by you or someone you refer
to use affiliate links or incorrectly type your Affiliate Code,
including to the extent that such failure may result in any reduction
of amounts that would otherwise be paid to you pursuant to this
Agreement.
Affiliate
links should point to the page of the product being promoted but is
not necessary.
Referral
fees/commissions and payment
For
a Product sale to be eligible to earn a referral fee, the customer
must click-through a affiliate Link from your site, email, or other
communications to Skycracy.com and complete an order for a product
during that session.
We
will only pay commissions on links that are automatically tracked and
reported by our systems. We will not pay commissions if someone says
they purchased or someone says they entered a referral code if it was
not tracked by our system. We can only pay commissions on business
generated through properly formatted affiliate links that were
automatically tracked by our systems.
We
reserve the right to disqualify commissions earned through
fraudulent, illegal, or overly aggressive, questionable sales or
marketing methods.
Payments
only begin once you’ve earned more than 20€ (or equal currency)
in affiliate income. If your affiliate account never crosses the 20€
threshold, your commissions will not be realized or paid. We are only
responsible for paying accounts that have crossed the 20€
threshold.
As
long as your current affiliate earning are over
20€,
you’ll be paid each month. If you haven’t earned 20€ since your
last payment, we’ll pay you the following month after you’ve
crossed the threshold.
Customer
definition
Customers
who buy products through this Program will be deemed to be our
customers. Accordingly, all of our rules, policies, and operating
procedures concerning customer orders, customer service, and product
sales will apply to those customers. We may change our policies and
operating procedures at any time. For example, we will determine the
prices to be charged for products sold under this Program in
accordance with our own pricing policies. Product prices and
availability may vary from time to time. Because price changes may
affect Products that you have listed on your site, you should not
display product prices on your site. We will use commercially
reasonable efforts to present accurate information, but we cannot
guarantee the availability or price of any particular product.
Your
responsibilities
You
will be solely responsible for the development, operation, and
maintenance of your site and for all materials that appear on your
site. For example, you will be solely responsible for:
– The
technical operation of your site and all related equipment
–
Ensuring the display of affiliate links on your site does not violate
any agreement between you and any third party (including without
limitation any restrictions or requirements placed on you by a third
party that hosts your site)
– The accuracy, truth, and
appropriateness of materials posted on your site (including, among
other things, all Product-related materials and any information you
include within or associate with Special Links)
– Ensuring that
materials posted on your site do not violate or infringe upon the
rights of any third party (including, for example, copyrights,
trademarks, privacy, or other personal or proprietary rights)
–
Ensuring that materials posted on your site are not libelous or
otherwise illegal
– Ensuring that your site accurately and
adequately discloses, either through a privacy policy or otherwise,
how you collect, use, store, and disclose data collected from
visitors, including, where applicable, that third parties (including
advertisers) may serve content and/or advertisements and collect
information directly from visitors and may place or recognize cookies
on visitors’ browsers.
Compliance
with Laws
As
a condition to your participation in the Program, you agree that
while you are a Program participant you will comply with all laws,
ordinances, rules, regulations, orders, licenses, permits, judgments,
decisions or other requirements of any governmental authority that
has jurisdiction over you, whether those laws, etc. are now in effect
or later come into effect during the time you are a Program
participant. Without limiting the foregoing obligation, you agree
that as a condition of your participation in the Program you will
comply with all applicable laws (federal, state or otherwise) that
govern marketing email, including without limitation, the CAN-SPAM
Act of 2003 and all other anti-spam laws.
Term
of the Agreement and Program
The
term of this Agreement will begin upon our acceptance of your Program
application and will end when terminated by either party. Either you
or we may terminate this Agreement at any time, with or without
cause, by giving the other party written notice of termination. Upon
the termination of this Agreement for any reason, you will
immediately cease use of, and remove from your site, all links to
Skycracy.com,
and all of our trademarks, trade dress, and logos, and all other
materials provided by or on behalf of us to you pursuant hereto or in
connection with the Program. Skycracy
reserves
the right to end the Program at any time. Upon program termination,we
will pay any outstanding earnings accrued above 20€.
Termination
Skycracy,
in its sole discretion, has the right to suspend or terminate your
account and refuse any and all current or future use of the Program,
or any other Skycracy service, for any reason at any time. Such
termination of the Service will result in the deactivation or
deletion of your Account or your access to your Account, and the
forfeiture and relinquishment of all potential or to-be-paid
commissions in your Account if they were earned through fraudulent,
illegal, or overly aggressive, questionable sales or marketing
methods.Skycracy reserves the right to refuse service to anyone for
any reason at any time.
Relationship
of Parties
You
and we are independent contractors, and nothing in this Agreement
will create any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between the parties. 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 otherwise, that reasonably would contradict
anything in this Section.
Limitations
of Liability
We
will not be liable for indirect, special, or consequential damages
(or any loss of revenue, profits, or data) arising in connection with
this Agreement or the Program, even if we have been advised of the
possibility of such damages. Further, our aggregate liability arising
with respect to this Agreement and the Program will not exceed the
total referral fees paid or payable to you under this Agreement.
Disclaimers
We
make no express or implied warranties or representations with respect
to the Program or any products sold through the Program (including,
without limitation, warranties of fitness, merchantability,
noninfringement, or any implied warranties arising out of a course of
performance, dealing, or trade usage). In addition, we make no
representation that the operation will be uninterrupted or
error-free, and we will not be liable for the consequences of any
interruptions or errors.
Independent
Investigation
YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS
TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME
(DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY
DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES
THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE
INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE
PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR
STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
UpPromote