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Affiliate Program - Terms & Conditions

General

This policy, including its terms and conditions, (referred to as “Affiliate Policy or “Affiliate Terms”) are an addition to the Ecomdy Terms and Conditions referred to as “Ecomdy Terms and Conditions” for this Website, and should be read in conjunction with such terms.
This policy is only applicable to members who have signed up to become affiliates (referred to as “Affiliates” or “Affiliate”) to promote this Website, including all information, tools, articles, resources, materials, services, events, and products (referred to as “Services”), and in exchange earn a commission on applicable items.
If any terms and conditions specified in this policy conflict with any specified within the Ecomdy Terms and Conditions, then the terms within this policy will take precedence.

Introduction

By signing up to become an Affiliate, you automatically agree to be bound by the following terms and conditions of this Affiliate Policy as well as the Terms and Conditions, including those additional terms and conditions, and policies referenced herein and/or available by hyperlink.
This Affiliate Policy applies to all registered Affiliates of the site.
The name of the Affiliate program is the Ecomdy Media Affiliate Program (referred to as “Affiliate Program”). If you do not agree to all the Affiliate Policy terms and conditions, then you should immediate stop sharing any referrals and contact us at [email protected] to cancel your Affiliate account.
You can review the most current version of the Affiliate Policy at any time on this page.
We reserve the right to update, change or replace any part of the Affiliate Policy by posting updates and/or changes to our Website.
It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. You will receive a commission as defined in this policy in exchange for promoting and/or referring potential clients to our website and having those referrals purchase something.
Both parties agree to act in a professional, honest, and ethical manner at all times.
Both parties agree that they are entering into this agreement of their own free will, with full understanding of the terms of this Affiliate Policy.

Section 1 – Registration

You understand that upon registration as an Affiliate, your application will be reviewed by Ecomdy Media and may be accepted or rejected at our sole discretion. You understand that upon acceptance of your application as an Affiliate, you will receive access to the Affiliate Area to manage and monitor your links, referrals, commissions, pay-outs, etc under your profile and/or account.

Section 2 – Affiliate

You understand that as an Affiliate you are expected to promote Ecomdy Media Services through your network, social media, and other means available to you.
You understand that as an Affiliate you may use our logo or other creative material available to Affiliates on your website and/or social media platforms, profiles, pages, and/or groups using your links generated in the Affiliate Area of your profile, so long as such links are director to our Website and/or Services.
You understand that as an Affiliate you are independent from Ecomdy Media and therefore not an employee or contractor to Ecomdy Media, and therefore waive any rights to such.
You understand that as an Affiliate, you will earn commission only on the ad spend of your referrals on our platform, subject to the terms of this Affiliate & Conditions.
You understand that you have the right to choose which Services and/or links you wish to share and promote. You understand that other Affiliates are also active and promoting their Affiliate links.

Section 3 – Third Parties

You understand that as an Affiliate you will not earn a commission on any Services that are provided by third-parties, or links to third-party websites, or third-party products listed on our Website.

Section 4 – Non-Referrals

You understand that any visitor/customer who spends on ads at Ecomdy Media, and who did not reach our site through one of your links, or after the expiry of any cookies linking you to that visitor/customer, is deemed to be our direct customer. You understand that you have no claim to commission for visitors/customers accessing our site as specified above.

Section 5 – Commissions

You understand that as an Affiliate, you will earn a commission including 30% of the monthly subscription fee (lifetime), and 1% of the total ad spending (first 3 months from the date of customer account registration).
If at any time you are unsure of whether or not you will earn a commission on any Services, please do not hesitate to contact us [email protected] to query. We are not responsible for the failure to assign any commissions to you if it results from improper formatting and/or use of your link. It is your responsibility to ensure you use the correct links generated for you in the Affiliate area of your profile.
We reserve the right to change commissions at any time, overall, per product, or per Affiliate, at our discretion. We will send out a communication in this regard should any changes to commission structure occur.

Section 6 – Duration

Your Affiliate membership will continue until it is cancelled/terminated by either yourself, or by us.

Section 7 – Payouts

At the start of each month, your commission from the previous month will automatically be added to your account. You can withdraw at any time when it exceeds $100 via Paypal.

  • Any costs incurred in receiving the commission (for example, bank transfer fees) will be borne by you.

You understand that it is your responsibility to provide accurate payment information, and Ecomdy Media cannot accept liability in any form whatsoever for non-payment or incorrect payment due to you either:

  • Providing incorrect payment method details.
  • Changing the payment method without notifying us.
    You understand that any payment made to the wrong person or account, or using the wrong method, as a result of the above, is solely your responsibility. Any commissions lost as a result of such an error are solely your responsibility and cannot be claimed from Ecomdy Media.

Section 8 – Financial Responsibilities

You understand that you will be fully responsible for all costs and expenses of maintaining and marketing your Affiliate links/profile to your network, including but not limited to all costs associated with the creations, hosting, modification, and improvements of your own website and/or social media profiles/pages, costs of search engine placement and other Internet marketing, costs of inserting our links into your website and/or social media profiles/pages, offline marketing costs, postage costs, and any/all other costs and expenses you might incur, if applicable in marketing Ecodmy Media and our Services to your network.
You understand that by becoming an Affiliate you cannot hold us liable for any costs you incur to market yourself, your affiliate links/profile, and/or our Services.

Section 9 – Taxes

You understand that as specified in the Commission clause of this agreement, that all commissions are based on the price excluding sales tax and delivery fees (if applicable).
You understand that we are not liable to register, declare, deduct, or pay your personal or company income tax, and you confirm that we are not liable for such.
You understand that as an affiliate, you are NOT a full-time, part-time, or temporary employee, or independent contractor of Ecomdy Media in any way, sense, or form, and have no claim relating to such. Declaring any income earned from us from our Affiliate Program is your responsibility, and Ecomdy Media holds no liability for such.

Section 10 – Income Potential

You understand that we make no representations and warranties regarding potential income that may result from your participation in this Affiliate Program. We therefore do not guarantee any minimum or maximum earning potential or income.

Section 11 – Trademarks And Copyrights

You understand that you will have a non-exclusive, limited-term license to use the trademarks, logos, and copyrighted material provided by Ecomdy Media for use solely in the places specified in your application.
You understand that you may only use the Media and/or Materials that we specifically make available to Affiliates in the Affiliate Area of the Website The license so granted is subject to complete compliance with all terms and conditions of this Agreement and any policies we may create and amend from time to time regarding the Affiliate Program.

Section 12 – Reports

You have access to various statistics, graphs, lists of referrals, pay-outs, and visits in your Affiliate area on your profile.

Section 13 – Disputes

In the event of a dispute, please contact us at [email protected] with a detailed description of the dispute, so we may attempt to resolve it for you. Ecomdy Media reserves the right to reject any dispute at its discretion.
Both parties commit to resolving any dispute arising within 7 (seven) days of logging such dispute.
If neither party agrees, the aggrieved party may, at their discretion, refer to the matter for arbitration, with an arbitrator located in Danang, Vietnam.
Failing resolution at an arbitrator, the aggrieved party may initiate legal actions against the other party at a court located in Danang, Vietnam.

Section 14 – Reasons For Rejection / Termination

Without limiting the right to reject any application for any reason whatsoever at Ecomdy Media’s absolute discretion, your Affiliate application or Affiliate status will be rejected if:

  • The application is not complete.
  • If your website or social media profiles/pages contain images or content that is not acceptable to us or is inconsistent with the image that we wish to create in association with our brand.
  • If your website or social media profiles/pages contain any illegal, immoral, repulsive, defamatory, derogatory, harassing, harmful, threatening, obscene, vulgar, pornographic, racial or ethnic objectionable materials, depicts sexual situations, promotes discrimination on the basis of race, sex, sexual preference, national origin, ethnicity, nationality, disability, and/or religious preference.
  • If your website or social media profiles/pages contains any material that appears to us to violate any patent, trademark, copyright, trade secret, confidential information, or other property rights of any other party.
  • If you in any way damage or are seen to potentially cause damage to the image of our brand through unsolicited emails (spam), posts, comments, or any other method of communication and/or advertising on any platform, digital or otherwise.

Section 15 – Termination

You may terminate your Affiliate membership at any time by contacting us at [email protected], requesting immediate cancellation.
Any commissions owned to you up to the date of termination shall be paid to you by the next payment run.
You understand that Ecomdy Media reserves the right to at any time rescind or terminate your Affiliate status for any reason at their absolute discretion, including but not limited to the reasons outlined in the Reasons For Rejection clause of this Affiliate Policy.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Affiliate Policy, we also may terminate this agreement at any time without notice.
Upon terminating your Affiliate account, or upon us terminating it for whatever reason, you will cease receiving any commissions from any of your referral visitors/customers, past, present and future as of the date of termination/account closure.
You hereby forfeit your right to any claim on future commissions you may have earned from any past, present and future referral visitors/customers.
Upon termination you will also lose access to all resources, materials, media, newsletters, tips, etc that you may be receiving or have received as an Affiliate.

Section 16 – Limitation Of Liability

In no case shall Ecomdy Media, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of our Services or Affiliate Program, or for any other claim related in any way to your use of the our Services or referral of such Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the our Services or Affiliate Program, or any content, or Services posted, transmitted, or otherwise made available via the website, even if advised of their possibility. Because some countries and states do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 17 – Electronic Communications And Recordings

You understand and acknowledge that in terms of the regulation of interception of communication and provision of communication-related information act, we are entitled to and do hereby reserve the right to intercept, monitor, read, filter, block, or take action in respect of any communication made, transferred, or stored belonging to Ecomdy Media or relating to the Affiliate Program and any communications between you and ourselves.
You understand that any agreement made or entered into by email, message, or by electronic signature between you and Ecomdy Media will be deemed legally binding. You understand that any calls, video conferences, meetings, emails, or messages between the yourself and Ecomdy Media may be recorded for reference purposes and may be used should any dispute arise. By becoming an Affiliate, you give Ecomdy Media full permission to take such actions as specified in this section, at their discretion.