Affiliate Terms Of Service
This Affiliate Agreement (the "Agreement"), together with any amendments, are entered into by and between Blastable Inc. ("BLASTABLE"), and you (the "Affiliate")
This Affiliate Agreement supplements all other terms subsequently agreed to by the affiliate by signing up for BLASTABLE affiliate program.
Therefore, both parties agree to be legally bound as follows:
1. Affiliate Terms:
As an affiliate for BLASTABLE, you agree to the following:
a) Affiliate may not offer any incentives of any kind to influence or coerce people to sign up to BLASTABLE. This includes, but is not limited to, bonuses, cash back offers, rebates, points or any other incentives to sign up.
b) Affiliate may not force website visitors, subscribers, customers or any potential BLASTABLE users to sign up for BLASTABLE as the part of any promotion or as a requirement to use any website, product or service. An example of this is saying that a BLASTABLE account is needed to properly use your product or service.
c) Affiliate cannot suggest to customers to cancel their plan after signing up or to request a refund or chargeback for the purposes of earning commissions on a 'non' sale or engage in any other bad faith marketing practices.
d) Affiliate must not participate in any fraudulent activities. This includes, but is not limited to, misrepresenting the product or services offered by BLASTABLE, deceiving users into obtaining product or services offered by BLASTABLE or making sales in any deceptive or unethical manner.
We monitor affiliate fraud very carefully and if found on your account, it may result in any of the following: Voiding of any fraudulent commissions, forfeiture of all commissions earned and/or the closing of your account.
e) Affiliate may not sign up under your own affiliate link for the purposes of earning commissions on your own sale or encourage potential customers to create multiple (more than one) BLASTABLE account.
f) Affiliate must not make misleading or disparaging statements, oral or written, about BLASTABLE. Negative marketing campaigns are strictly forbidden and any affiliates using one to promote BLASTABLE will have their accounts closed immediately.
g) Affiliates marketing by email must comply with any and all applicable rules, regulations and laws, specified or not within this Agreement, in respect to email distribution and advertising and relating thereto, including the CAN-SPAM Act of 2003.
h) Affiliate must only distribute email ads to those recipients who have opted-in to receive such email from the affiliate.
ii) BLASTABLE prohibits the use of Spam. Any use of Spam whatsoever by Affiliate will result in the forfeiture of Affiliate's entire commission for all campaigns, and the termination of the Affiliate's account. Affiliate will also be held liable for any and all damages resulting from a violation of this provision including reasonable court costs.
iii) Affiliate must ensure each email recipient is provided with a valid opt-out mechanism within each email delivered in order for the recipients to "opt-out" of future mailings from Affiliate.
iv) Affiliate must not use the Advertiser or BLASTABLE name (including any abbreviation thereof) in the originating email address line ("From" line) or subject line of any email transmission, unless specific permission is given otherwise.
v) Affiliate must not use falsified sender information or falsified IP Addresses.
i) Affiliates may only use the approved marketing materials provided by BLASTABLE. If Affiliate wishes to use other marketing materials or mediums, they should contact BLASTABLE in writing for pre-approval. This includes, but is not limited to, incorporating or recommending BLASTABLE as part of, or in, any training, system, members area, coaching, software or other product.
In its sole discretion, if at any time BLASTABLE determines that the Affiliate's website or advertising activities are contrary to the terms set out above in this agreement, the affiliate may be terminated at BLASTABLE's sole discretion and will forfeit any and all commissions and earnings.
2. Commissions:
Commissions are paid out at a rate of 30% recurring commissions per sale made, less refunds and chargebacks. All affiliates will default to this commission rate. Please note that BLASTABLE may at it’s sole discretion offer different commissions or structures to it’s partners or affiliates on a case by case basis.
From time to time or as deemed necessary, we will may review affiliate accounts to ensure compatibility with our payment model and to ensure they meet the minimum sales standards we have set forth.
3. Payment:
BLASTABLE shall pay the affiliate's commission payment by PayPal, or other previously agreed upon means, approximately fifteen (15) days from the last business day of each month in which commissions are earned. For example, all commissions earned between July 1st and July 31st would be paid on or around August 15th.
If you cannot accept payment by PayPal, please contact us in advance to see if alternate payment methods can be arranged.
It is the affiliate's responsibility to ensure all contact and payment information is filled out in their account and is accurate.
There is a $100 minimum payout threshold. There are no payment fees or reserves and all commissions earned are in USD.
BLASTABLE reserves the right to withhold payment and take appropriate legal action to cover its damages against any affiliate that violates the terms of this agreement or breaches the representations and warranties set forth in this agreement, or commits fraudulent activity against BLASTABLE. P
4. Limitation of Liability:
BLASTABLE's sole obligation to the Affiliate under this Agreement with respect to Ads shall be to provide such Ads for use in their advertising efforts.
The services provided by BLASTABLE are provided "as is." BLASTABLE makes no warranties, guaranties, promises, or estimates, expressed or implied, oral, written or otherwise except as specifically set forth herein, AND does not guarantee sales, commissions, conversion rates or response rates to the affiliate.
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR COSTS, DIRECT OR INDIRECT, (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM AFFILIATE PARTICIPATION IN BLASTABLE'S AFFILIATE PROGRAM. BLASTABLE SHALL NOT IN ANY EVENT BE LIABLE TO AFFILIATE FOR MORE THAN THE AMOUNT PAID TO AFFILIATE HEREUNDER. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST BLASTABLE MORE THAN ONE YEAR AFTER THE DATE OF SERVICE.
Affiliate agrees to not to hold BLASTABLE or Advertisers liable for any of the consequences of interruption or service.
Affiliate agrees to indemnify and hold harmless BLASTABLE and each if its agents, officers, directors and employees against all liability to third parties resulting from the acts or failure to act of such indemnifying party, or any act of its customers or users. Affiliate is solely responsible for any legal liability arising out of or relating to the affiliate's website(s), any material to which users can link through the affiliate's website(s) and/or any consumer and/or governmental/regulatory complaint arising out of any email campaign or other advertising campaign conducted by affiliate, including but not limited to any Spam or fraud complaint and/or any complaint relating to failure to have proper permission to conduct such campaign to the consumer.
Neither party shall be deemed in default of this agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, terrorism, riots, acts of government, shortage of materials or supplies, or any other cause beyond the reasonable control of such party.
We reserve the right to modify or amend this agreement at any time without notice and all changes will be effective immediately. It is the responsibility of the Affiliate to read and keep up to date with the Agreement and Affiliate Terms with or without notice of change from BLASTABLE.