Terms of Service
This Affiliate Service Agreement (the “Agreement”) is made by and between Revmakx LLC, a Delware, USA corporation (“wpmerge.io”), and you, as an Affiliate utilizing the localsyncnew.wpengine.com service (“You”, “Your”, “Affiliate”).
You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and using the Service as an Affiliate. By signing up for the localsyncnew.wpengine.com affiliate program, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the localsyncnew.wpengine.com affiliate program.
The following agreement is summarized as follows:
- You place your affiliate link anywhere on your site as you see fit, or within non-spam emails.
- We may email you concerning our affiliate program
- We might change the service here and then
- You will be paid a 30% commission for each sale completed by the visitors referred by you
- You will be paid your commissions, at such time as your account balance is $50 or more
- You will be paid your commissions 60 days after the sale is recorded. This 60-day window allows us to service any refunds or any such valid reason that voids the sale.
- We will process payouts on the 30th day of every month. With the 60-day window, this means that if your leads completes a sale mid-month, your payout will be sent only on the 30th day of the month after the 60-day window. For eg., If your lead closes a purchase on the 10th of January, the corresponding commission will be sent to you on the 30th of March.
- Tracking cookies lasts forever. This means that you will earn commissions for all purchases made by the visitors through your affiliate link during anytime after their initial visit. Your referrals are really yours to keep.
- All statistics are collected and calculated by localsyncnew.wpengine.com, and will be the only valid stats used for determining commissions.
- You won’t hold us liable for anything, a link to a non-wpmerge.io Web site does not mean that localsyncnew.wpengine.com endorses or accepts any responsibility for the content or the use of such Web site.
- You cannot SPAM. You cannot SPAM. You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense.
- You may place banners or links within your newsletters, in content of your website, or within other web related content.
- Affiliate accounts that are left inactive will be removed from our system if their balance is equal to or less than $25. If an abandoned affiliate account has a balance between $25 and $50, a $25 fee will be assesed once per calendar month, until the balance is equal to zero dollars – and is closed. At no time will an affiliate ever owe monies to localsyncnew.wpengine.com, LLC. based on fees – the account will simply be closed. An abandoned affiliate account is defined as any account that has not been logged in to for a period of 6 months, nor have any transactions been posted to that account. If one or the other of those conditions are true – the account will remain in an active state.
- Failure to abide by these rules could mean termination from the affiliate program, or from localsyncnew.wpengine.com completely with a complete forfeit of commissions.
- Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS.
- You cannot refer yourself as a lead to localsyncnew.wpengine.com and receive commission. Sorry.
- Referrals are valid only for new purchases and not for renewals.
localsyncnew.wpengine.com respects the privacy of its users and will not disclose personal information to third parties without the express permission of You and Your company. If You have any questions please contact [email protected].
- “Affiliate” means an individual or business generating their own traffic and thus rewarded for legitimate sales of products.
- “Visitor” means any person, or user that clicks on your affiliate link placed anywhere appropriately and is redirected to localsyncnew.wpengine.com
- “Sale commission” means the Payout wpmerge sets and agrees to pay for Visitors referred to localsyncnew.wpengine.com site that results in a sale of a product. The sale could occur at the time of the visit till forever.
- “Payout” means the amount of sale commission wpmerge pays for an individual measurable action. The Payout is defined as the percentage of a total sale amount.
- “Link” means a hyperlink placed on an Affiliate’s site that, when clicked on, sends a Visitor through to localsyncnew.wpengine.com. Links take many forms including text, a product image, buttons, banners, videos or any other format acceptable to infinitewp.
- “VOID” means a reversal of a Payout previously earned for a sale that is later rescinded or corrected. wpmerge may VOID transactions that are fraudulent, or in the case of refunded sales, or other valid reasons.
- “Your Account” means a specific account within the Service, where Commissions are credited.
localsyncnew.wpengine.com has developed and operates a service (the “Service”) which allows Affiliates to participate in Performance Marketing programs. All Affiliate relationships established between You, the Affiliate, and localsyncnew.wpengine.com, will be conducted and managed through the Service.
As an Affiliate of wpmerge affiliate program, you may place and remove your Affiliate Links on Your site and in acceptable locations.
You will receive a Commission for sending valid leads via Your Links who complete a sale. In order to place Links, You must first be approved to become an Affiliate of the wpmerge affiliate program. You understand that the Payout amount may be changed at any time. This information is also available to You at the localsyncnew.wpengine.com affiliate program Member’s Area. You are responsible for determining if the Payout for a Link You have placed on Your site has changed or been discontinued. You receive the Commission from localsyncnew.wpengine.com. Payments are made automatically on the thirtieth (30th) day of each month when Your account balance reaches $50 or more for the previous transactions. Money credited to Your Account does not accrue interest. In the event of a VOID sale, localsyncnew.wpengine.com may recover from You the corresponding Commission previously credited to Your Account. The VOID Commission will be immediately deducted from Your Account balance. In the event that Your Account balance is less than the VOID Commission, the VOID Commission will be deducted against Your future earnings. You will NEVER be asked to send money to localsyncnew.wpengine.com
SERVICE AND SUPPORT
localsyncnew.wpengine.com will provide support for the Service as indicated on the localsyncnew.wpengine.com Web site.
localsyncnew.wpengine.com reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any localsyncnew.wpengine.com related products and services.
CHANGES TO THE SERVICE
localsyncnew.wpengine.com reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. In the event of any material change, localsyncnew.wpengine.com will notify You via e-mail, newsletter or the localsyncnew.wpengine.com Web site prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the Service.
As part of the registration process, You will select a username and password combination that You use to access Your Affiliate area within the Service. You shall provide localsyncnew.wpengine.com with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to Your true identity. You agree that localsyncnew.wpengine.com may rely on any data, notice, instruction or request furnished to localsyncnew.wpengine.com by You which is reasonably believed by localsyncnew.wpengine.com to be genuine and to have been sent or presented by a person reasonably believed by localsyncnew.wpengine.com to be authorized to act on Your behalf. You shall notify localsyncnew.wpengine.com by e-mail at [email protected] of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password. You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by You to use Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by localsyncnew.wpengine.com and referral to the appropriate law enforcement agencies.
You represent to localsyncnew.wpengine.com that all content You provide to the Service is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual’s or organization’s rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate of the Service any content, or Web site that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As localsyncnew.wpengine.com may not review all information provided by You, You shall remain solely responsible for Your content and Web site.
localsyncnew.wpengine.com RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF localsyncnew.wpengine.com. If You are terminated from the Service, localsyncnew.wpengine.com has the right to withhold money You earned within the Service or money that You owe within the Service and You will not be allowed to re-join localsyncnew.wpengine.com.
The Service, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, localsyncnew.wpengine.com DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF REVMAKX ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, localsyncnew.wpengine.com SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold wpmerge liable for any of the consequences of such interruptions. REVMAKX SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. REVMAKX SHALL HAVE NO LIABILITY WITH RESPECT TO REVMAKX OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF REVMAKX HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF REVMAKX HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY REVMAKX AS A DIRECT RESULT OF THIS AGREEMENT.
LIMITATION OF LIABILITY
REVMAKX.COM OR ITS SUPPLIERS OR RESELLERS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE localsyncnew.wpengine.com SERVICE OR ANY INFORMATION PROVIDED ON THE localsyncnew.wpengine.com WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF localsyncnew.wpengine.com OR A localsyncnew.wpengine.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, REVMAKX.COM’S LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
You agree that localsyncnew.wpengine.com, although the provider of the Service, has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You agree to indemnify, defend, and hold harmless localsyncnew.wpengine.com and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
localsyncnew.wpengine.com agrees to indemnify, defend, and hold harmless Affiliate and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to localsyncnew.wpengine.com’s negligence or willful misconduct in performance of the Services or its breach of this Agreement.
localsyncnew.wpengine.com acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information (“Confidential Information”) of Your company. localsyncnew.wpengine.com agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term “Confidential Information” shall not include information that is or becomes part of the public domain through no action or omission of localsyncnew.wpengine.com, that becomes available to localsyncnew.wpengine.com from third parties without knowledge by localsyncnew.wpengine.com of any breach of fiduciary duty, or that localsyncnew.wpengine.com had in its possession prior to the date of this Agreement. Any information we receive is used solely for tracking and Commission payment purposes. localsyncnew.wpengine.com reserves the right to be able to utilize this data in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other analysis as localsyncnew.wpengine.com deems appropriate.
OWNERSHIP AND LICENSES
You, the Affiliate, are granted a non-exclusive, limited, revocable right to use wpmerge provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of infinitewp, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain the infinitewp’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.
wpmerge may immediately terminate Your license to use the marks if wpmerge reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by wpmerge above. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge infinitewp’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of infinitewp.
localsyncnew.wpengine.com makes no representations whatsoever about any other Web site which You may access through the Service. In addition, a link to a non-wpmerge.io Web site does not mean that localsyncnew.wpengine.com endorses or accepts any responsibility for the content or the use of such Web site.
Affiliate or localsyncnew.wpengine.com may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties.
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of nature, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
This Agreement shall be governed by Delaware, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of Delaware, USA and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.
This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.