We will be responsible for providing all information necessary to allow you to make appropriate links from your web site to our web site. However, all links must be approved by myCred. We will process orders placed by customers who follow the links from your website to the myCred website. We reserve the right to reject orders that do not comply with certain requirements, that we periodically may establish.
We will be solely responsible for all aspects of order processing and fulfillment, including order entry, payment processing, shipping and handling, cancellations, returns, and related customer service. We will track the volume and amount of sales generated by your web site and will make unaudited reports available for your review through your affiliate account on our web site. The form, content, and frequency of the reports may vary from time to time to our discretion. To permit accurate tracking, reporting, and fee accrual, you must ensure that the links between your web site and our web site are properly formatted.
It is your sole responsibility to ensure that the links that you have placed on your web site are always working properly.
Commissions (Commission Rate) on trackable online sales are paid on net sales (i.e., the net is the remaining amount after any of these deductions: sales tax, duty, shipping, handling, credit card fees, and similar charges, and not including any portion of the payment made through the redemption of gift certificates, coupons, or credits. The Commission Rate is subject to change at any time or from time to time, in our sole and absolute discretion. You will be notified of any change in the Commission Rate.
Commissions will also be reduced for amounts due to credit card fraud, bad debts, cancellations, chargebacks, and credits for returned goods. A commission will be paid only if the visitor to our website is tracked by the system from the time of the link to the time of the sale. No commission will be paid if the visitor to our web site cannot be tracked by our system.
Affiliate and Net Sales Percentage
1st tier Commission Policy or Structure here. 2nd tier Commission Policy or Structure here. The above fee schedule is subject to change without notice. Our cookies are non-expiring, so repeat visitors that do not come directly from your web site will still count toward your commissions if the cookie is not otherwise removed by the user.
For a sale to generate a commission, the customer must follow the link from your website to our website, purchase the Product or Products in question using our online ordering system, accept delivery of the item at the shipping destination, and remit full payment to us.
Commissions on sales are paid on net sales actually collected from customers. Orders are not eligible for a commission due to credit card fraud, bad debts, cancellations, chargebacks, and credits for returned Products. If a commission has been paid, the commission will be deducted from future commissions.
Commissions will be paid 30 days after the order is fulfilled. All commissions are paid at the end of any given month.
In regard to minimum payout, this is the equivalent of $100 USD (for all payment options)
The Commission base is subject to change at any time or from time to time, in our sole and absolute discretion.
You will be notified of any change in the Commission base. All commissions payments are made through PayPal.com unless special arrangements are made for affiliates who do not have access to PayPal. You agree that you are solely responsible for all tax obligations due to all taxing authorities arising from or in connection with your participation in our Affiliate Program.
myCred shall not withhold any taxes of any kind from your commission checks. myCred is not responsible for resending lost or missing payments past 90 days from the payment date.
Reports of Sales
You will be given a password and have the ability to enter a password-protected web site to receive your sales statistics on a daily basis.
Policies and Pricing
Customers who buy Products through the Affiliate Program will be deemed to be customers of myCred. Accordingly, all myCred rules, policies, and operating procedures concerning customer orders, customer service, and 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 myCred products sold under the Affiliate Program in accordance with our own pricing policies.
Product prices and availability may vary from time to time. Because price changes may affect items that you already have listed on your website, you will be responsible for maintaining the correct current prices on your website at all times. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular Product.
Non-Exclusive Limited License and Use of Company Logos and Trademarks
We grant you a non-exclusive, non-transferable, revocable right to (i) access our web site through links solely in accordance with the terms of this Agreement, and (ii) solely in connection with such links, to use our logos, trade names, trademarks and similar identifying material (collectively ” Marks”), solely for the purpose of selling Product on your website for myCred. You may not alter, modify, or change the myCred logos, trademarks, or any other text content provided to you through the myCred affiliate section. The use of any of the logos, trademarks, or text content is only extended to members in good standing in the myCred Affiliate Program.
If you see logos, trademarked items, or text content that is not in the materials available to affiliates in the marketing section and you wish to use on your web site, you may not use them without prior written permission. Permission is not to be construed as myCred giving you any legal ownership or rights to these logos, trademarks, or text content. myCred’s own use of any logos, trademarks, or text content in the display or marketing of myCred products does not automatically make it acceptable for affiliates to assume usage of the same materials is considered acceptable use of such materials for promotion of myCred products.
Affiliates should assume that ONLY materials directly made available from myCred to Affiliate for the purpose of selling products for myCred shall be acceptable to use. The rights granted to you pursuant to this section shall terminate upon the effective date of the expiration or termination of this Agreement. Additionally, we reserve the right to secure the highest position in pay-per-click and pay-per-position search engines and advertising sites by submitting a bid for URLs or other search terms considered as trademarks, sales marks, service marks, registered trademarks, or registered URLs (or any variations or abbreviations of same) of myCred. At no time shall you submit bids or use other methods that would cause listings for your site to rank higher than myCred rankings for trademarks, sales marks, service marks, registered trademarks, or registered URLs (or any variations or abbreviations of the same) of myCred.
Publicity, Email, and Spam Policies
You shall not create, publish, distribute, or permit any written material that makes reference to myCred, without first submitting such material to us and receiving our written consent. Be careful about your advertising methods using email. myCred will not tolerate any forms of Spam.
We will hear both sides of a Spam complaint but we will remove one affiliate before we risk all affiliates losing email privileges. In the event an affiliate is charged with spamming practices, myCred shall not be held liable for any legal action taken against said affiliate nor be financially responsible for fines owed by said affiliate.
Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your web site and for all materials that appear on your web site. We shall have no responsibility for the development, operation, and maintenance of your web site and for all materials that appear on your web site. You hereby represent and warrant to us that materials posted on your web 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) and that materials posted on your web site are not libelous or otherwise illegal.
You must have express permission to use copyrighted material owned by another party or other proprietary material. We will not be responsible if you use copyrighted material from another party or other proprietary material in violation of the law.
Term of the Agreement
The term of this Agreement will begin when your affiliate application has been received by myCred through the myCred website and you have accepted the Terms and Conditions in this Agreement. This Agreement will end when terminated by either party. The Agreement may be terminated by myCred or the affiliate for any reason upon thirty (30) days prior email or written notice, or immediately upon notice of any breach of the provisions of this Agreement.
Upon termination, you may no longer use myCred banners, images, content, trademarks, etc., on your website, or provide hyperlinks to the myCred website. If this Agreement is terminated because you have violated the terms of this Agreement or if this Agreement is terminated because your web site becomes subject to the Content Restrictions set forth in Section 1, you are not eligible to receive any commission payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are eligible to earn a commission only on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by email to your address on our records, or the posting on our website of a change notice or a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules.
All such modifications shall take effect 48 hours after we serve notice as provided above unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our web site, will constitute binding acceptance of the change.
Relationship of Parties
You and myCred 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.
Limitation of Liability
We will not be liable for indirect, incidental, special, or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits, or loss of data arising in connection with this Agreement, the Affiliate Program, or myCred performance of services or of any other obligations relating to the Agreement, 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. The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought.
We make no express or implied warranties or representations with respect to the Affiliate Program or any Product or other items sold through the Affiliate Program (including, without limitation, warranties of fitness for a particular purpose, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our web site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Representations and Warranties
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery, and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment, or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document, or instrument applicable to you or binding upon you.
We may disclose to you certain information as a result of your participation as part of the Affiliate Program, which information we consider to be confidential (herein referred to as “Confidential Information”). For purposes of this Agreement, the term “Confidential Information” shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, web site, business and financial information relating to myCred, customer and vendor lists relating to myCred, and pricing and sales information for myCred and any members of the Affiliate Program other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process.
We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark, or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or third-party use of the information.
You hereby agree to indemnify, defend, and hold harmless myCred, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands, losses, liabilities, damages, or expenses (including attorney fees and costs) of any nature whatsoever incurred or suffered by us (collectively the “Losses”), in so far as such Losses (or actions in respect thereof) arising out of, are related to, or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any representation or warranty made by you herein; or (iii) or any claim related to your web site.