By signing up as an affiliate with ClickBetter.com, you agree to the following Terms of Service.
This agreement is by and between ClickBetter.com and/or their assigns, vendors, affiliates and all subscribers. Unless the context requires otherwise, ClickBetter.com and/or their assigns shall be referred to as "us, we, or our" and you shall be referred to as "you, your or subscriber."
By signing up as an affiliate, you understand that ClickBetter.com and/or their assigns does not guarantee or predict any type of profit or response from said services. Subscriber agrees to hold ClickBetter.com harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which ClickBetter.com and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
A. Services to be provided. We agree to pay you certain commissions as described on our website for referral of sales made by customers.
B. Termination. The following may lead to account suspension or termination as well as increased reserves and/or forfeiting of any commissions earned.
1. Violation of our Terms of Service.
2. Unethical Promotion. If you promote ClickBetter.com vendor products in a manner that is unethical or inappropriate including but not limited to promoting violence, sexually explicit material, illegal activities, promotions based on race, sex, nationality, disability sexual orientation or age.
3. Sending spam. Spam is defined as unsolicited bulk email which the receipted did not specifically opt-in to receive. Affiliates sending verified spam may be subject to have their accounts terminated and commissions forfeited without warning.
4. Completing sales on behalf of the buyer. ALL customers must make their own purchases and fill out and complete the order process themselves unless a) you are acting on their behalf as a legal power of attorney or b) you are acting as an authorized employee of a business or corporation for which you are purchasing. Mail order and phone sales are expressly forbidden.
5. Fraudulent sales. Defrauding people in any way or manner, misrepresenting the product being sold or the purpose it is being sold for is not allowed for any reason.
6. Chargeback rate exceeding 2%. In most cases, we will attempt to warn you if your chargeback rate becomes too high and exceeds 2%. However is extreme cases, an excessive chargeback rate may lead to immediate account suspension and/or an increase in reserves being held to cover future refund and chargebacks
7. For any other reason, at our sole discretion.
C. No Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE CLICKBETTER.COM , ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. In addition, we make no representation that the operation of our site or the Affiliate links will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you.
D. TERMS. You agree: You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to not inflict libel or slander or to be involved in any behavior that is malicious to, or defames ClickBetter in any way; (4) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; (5) to accept commercial emails from us.
If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.
Please note: For CPA campaigns, the vendor reserves the right to block any affiliate from promoting their advertiser campaign for ANY reason including, but not limited to: click fraud, sales fraud, unethical marketing practices, excessive refunds or chargebacks or any other reason at the vendors sole discretion.
YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You may also be subject to fines and legal actions as a result of your bulk email promotion.
E. Assignment. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.
F. Change of Terms and Conditions. We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section B.
G. Notification of Account Changes. You agree to provide us with such other information relating to your use of this service, as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information changes.
H. Notices. All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.
I. Commissions. Affiliates will receive 20-80% of the revenue of a sale as a commission from orders placed through your link (unless noted otherwise for a particular product). For a sale to generate a commission to an affiliate, the customer must complete the order form and remit full payment for the product ordered. Commissions will only be paid on sales that are made through qualified affiliate links.
J. Fees. ClickBetter charges a transaction processing fee of 10% of the total sale + $1 per transaction that taken off the top of all sales before the commissions are calculated.
K. Balance. Affiliates may open multiple vendor and/or affiliate accounts, however, in such cases where a vendor account balance becomes negative, funds may be recovered from the unpaid balances of any positive account where the payment name and information is the same or similar.
L. Payment. ClickBetter.com will send a check, wire or ACH payment for the applicable commissions every week from commissions generated from the period ending 2 weeks prior, less any refunds, chargebacks or fees. The minimum payment threshold is $250 and there is a 5 unique buyer Minimum Purchase Requirement (MPR). There is a $20 payment processing and handling fee for all payments. A 20% reserve is typically held for up to 180 days to cover any future refunds or chargebacks incurred.
M. Order Fulfillment. ClickBetter.com will be solely responsible for processing (not fulfilling) every order placed by a customer on the Affiliate Site. You are not authorized to sell any of these products from your site as a "reseller" and no "resale" rights are granted in ANY way on these products unless otherwise noted.
N. General Provisions. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section I, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation.