SEISENSE Affiliate Agreement
This Affiliate Agreement (“Agreement”) contains the complete terms and conditions between SEISENSE and you, regarding your application to and participation in, the SEISENSE Affiliate Program (the “Affiliate Program”) as an affiliate of SEISENSE.
BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND SEISENSE TERMS AND CONDITIONS https://ojsthemes.seisense.com/affiliateterms AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
A. Enrollment in the Affiliate Program
- To begin the enrollment process, you must submit a completed Affiliate Program Signup Form. The Sign-up Form can be found at https://www.SEISENSE.com/cgi/partner/signup.
- We will evaluate your application in good faith and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine (in our sole discretion) that you are not suitable for the Affiliate Program for any reason.
- SEISENSE, in its sole discretion, reserves the right to notify any prospective affiliate of their rejection or removal from the Affiliate Program at any time.
- Discounts and Coupons. You are not allowed to post any refunds, credits or discounts on the SEISENSE Products and Services, or other content concerning SEISENSE. Any violations of the terms surrounding links, coupons, refunds, credits or discounts shall constitute a material breach of this Agreement, and may result in your termination from the Affiliate Program or the withholding of Commission Fees.
B. Commission Determination; Qualified Purchases
Commission of 10% per customer will be awarded on the successful completion of order. A “Qualified Purchase” does NOT include the following:
- A purchase by a Referred Customer that has transferred from any SEISENSE partners or subsidiaries.
- A purchase by a Referred Customer who is also associated with any SEISENSE reseller, referral, or other program.
- A purchase by a Referred Customer that is not up to date on its payments or is subject to a refund.
- A purchase that was completed prior to the Affiliate joining the Affiliate Program or was not tracked properly.
- SEISENSE reserves the right to withhold payment of initial Commissions Fees to Affiliates who are new to the Affiliate Program, or who have commissions that are potentially fraudulent as determined by SEISENSE in its sole discretion, to determine the legitimacy and cancellation rates of Referred Customers.
- SEISENSE reserves the right to suspend the payment of Commission Fees at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms of this Agreement by the Affiliate or a Referred Customer. SEISENSE reserves the right to deduct from Affiliate’s current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, and cancelled purchases.
- SEISENSE reserves the right to immediately cancel or withhold for later review any Commission Fee that fails to meet the criteria of a “Qualified Purchase.” Affiliate is responsible for monitoring the payment, denial and, withholding of Commission Fees. SEISENSE is not obligated to actively notify Affiliates of the status of Commission Fees. If Affiliate has a question about a Commission fee that has been cancelled or withheld, Affiliate has thirty (30) days from the day of the payment would have been due to contact SEISENSE to request that the Commission Fee be paid. Any changes to decisions about cancelled or withheld Commission Fees are strictly made in SEISENSE’s sole discretion.
- Commissions for any Referred Customer who is associated with any SEISENSE reseller, referral or other program may not be considered a Qualified Purchase. In other words, you may not receive double commissions or compensation.
- Any attempt by an Affiliate to manipulate, falsify or inflate the Referred Customers, Qualified Purchases, or Commission Fees to intentionally defraud SEISENSE or any violation of the terms of this Agreement constitutes immediate grounds for SEISENSE to terminate the Affiliates participation in the Affiliate Program and will result in the forfeiture of any Commission Fees due to the Affiliate.
C. Commission Payments
SEISENSE, in its sole discretion, reserves the right to modify the available commission payment methods or payment schedule at any time. Such changes shall take effect when posted. You are responsible for informing SEISENSE of your desired payment form/type. Commission fees will be processed in the month of June and December every year. SEISENSE is not responsible for Paying any third-party fees charged by PayPal, bank transfer or western union etc… in order for you to receive Affiliate Commission Fees.
D. Policies and Pricing
Referred Customers who buy SEISENSE Products and Services through our affiliate network are deemed to be SEISENSE Customers. SEISENSE’s Terms and Conditions, rules, policies, and operating procedures will apply to such customers. We may change our policies, pricing, and operating procedures at any time. You grant to us a non-exclusive license to utilize your name, title, trademarks, and logos (the “Affiliate” Trademarks”) in any advertisement or other materials used to promote SEISENSE and the Affiliate Program, provided that SEISENSE’s use of the Affiliate Trademarks is not required and is at its sole discretion. This license shall terminate upon the termination of your participation in the Affiliate Program.
E. Term and Termination
The term of this Agreement will begin upon our acceptance of your Affiliate Program application and will end when terminated by either party (the “Term”). Either party may terminate this Agreement at any time, with or without cause.
You are only eligible to earn Commission Fees on Qualified Purchases occurring during the Term.
Commission Fees earned prior to the date of termination will be eligible for commissions only if the orders for the related SEISENSE Products and Services are not cancelled within 90 days and comply with all of the terms of this Agreement. We may withhold your final payment of Commission Feeds for a reasonable time to ensure that all Qualified Purchases are valid and payment from Referred Customers are legitimate as determined by SEISENSE in its sole discretion.
Any Affiliate who violates this Agreement, SEISENSE’s Terms and Conditions, or any applicable law will immediately forfeit any right to any and all accrued, but not yet received, Commission Fees and will be immediately removed from the Affiliate Program.
SEISENSE reserves the right to remove an Affiliate from the Affiliate Program, and to terminate or suspend this Agreement, at any time for any reason, in SEISENSE’s sole discretion.
F. Emails and Publicity
You shall not create, publish, transmit or distribute, under any circumstances, any bulk email messages (also known as “SPAM”) without prior written consent from SEISENSE, to be granted or denied in SEISENSE’s sole discretion, in each instance. Additionally, you may only send emails containing a SEISENSE affiliate link and or a message regarding SEISENSE or SEISENSE’s Affiliate Program to people who have previously consented to receiving such communications from you. Your failure to abide by this Section F, the CAN-SPAM Act of 2003, General Data Protection Regulation 2016/679 of European Parliament and of the Council of 27 April 2016 (the “GDPR”), our Anti-Spam Policy, and all applicable laws relating to email communications, in any manner, will be deemed a material breach of this Agreement by you and will result in the forfeiture by you of any and all rights you may have to any commissions and the termination of your participation in the Affiliate Program.
We may modify this Agreement at any time in our sole discretion; provided that the change shall solely apply to events occurring after the date on which you accept and agree to such modifications unless you otherwise agree herein. Such modifications shall take effect when posted on our website. Modifications may include, but are not limited to, changes in the scope of available Commission Fee, commission amounts or percentages, payment procedures, Commission Fee payment schedules, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement, in which event you shall be entitled to your rights under the unmodified Agreement prior to the date of the applicable modification. Your continued participation in the Affiliate Program following our posting of any modifications on our website will constitute binding acceptance of the change.
H. Relationship of Parties
You and SEISENSE 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 website or otherwise, that contradicts anything in this section.
I. Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE 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 AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.