This Advertising Agreement is between ClickBetter LTD (ClickBetter) and the Product Owner (the Supplier, also known as a Vendor).
Through the use of ClickBetter's marketing and ecommerce platform, you agree to give ClickBetter non-exclusive rights to market and distribute your products through the ClickBetter Sites for immediate sale to customers.
You expressly agree to the terms and conditions contained in this agreement and acknowledge that you have read this agreement and bound by all of its terms and conditions as a requirement of creating and maintaining an account with ClickBetter. If at any time you do not agree with any part of this agreement, you agree to immediately close your account and cease activity.
1. ADVERTISING PRODUCTS
All products you register for advertisement on ClickBetter must be approved by ClickBetter prior to ClickBetter making the products available for sale through ClickBetter Marketplace as outlined in this agreement.
a. Products sold through ClickBetter will be sold at the vendors recommend suggested retail price for their products (within limits as defined by ClickBetter) during product submission.
b. Without further conditions or limitations, you authorize ClickBetter to list any product you register via the ClickBetter Marketplace to be made available for sale to buyers and/or affiliates that promote the products made available via the ClickBetter Marketplace, at the price designated by ClickBetter, after taking into consideration your suggestions regarding retail price, including any applicable sales tax.
c. The lowest price for which ClickBetter will accept a product for sale is $1.00. ClickBetter also defines the maximum price for a product when a vendor submits the product for approval based on relevant factors. Once ClickBetter reviews the suggested retail price from the vendor and approves the product, the final retail price is set.
d. At the time of purchase by a customer, ClickBetter deducts an advertising fee on the gross sale as a commission.
e. The commission taken by ClickBetter for our advertising services is 10% of the suggested retail price plus $1.00 per transaction. This may be subject to change depending on the vendor, the type of product being sold and the price it is being sold at.
f. If an affiliate generated the sale, the sales price is automatically split between the vendor and affiliate after deducting ClickBetter's commission according to the commission percentage set by the vendor. Amounts are credited to the vendor and affiliate accounts respectively at the time of sale.
2. VENDOR RESPONSIBILITIES
ClickBetter requires Vendors to comply with the following criteria in order to make their products available for sale through ClickBetter. Your use of ClickBetter services indicates that you agree to the following:
a. You agree to provide true and accurate information, including a valid physical address, telephone number and email address for communicating with ClickBetter. You must keep this information current and update your account to reflect any changes in your information.
b. You will create and be responsible for the product's sales page which must accurately describe the product being sold and the price it is being sold for. Your ads may not be misleading in any way and must include all appropriate legal disclaimers.
c. You must also provide a "Thank You" or "Download" page where purchasers can immediately download the product purchased or receive instructions on how to download it without jumping through any additional hoops. As the advertiser, ClickBetter will be responsible for delivering this page to its customers.
c. You will provide a working support email address or help desk link where purchasers can get assistance or technical support for the products purchased. You must provide full support at your expense and reply to such inquiries within 24hrs Monday to Friday (excluding holidays).
d. You must provide clear and concise instructions on how to use the product offered in the form of a user manual, training videos, tutorials and/or other media.
e. All Products must meet and comply with all local, state, federal, international and contractual laws and may not be misleading or unlawful in any way.
f. You agree not to submit any customer payment information to purchase products on ClickBetter, including but not limited to; credit card or debit card account numbers, expiration dates or security information, bank account information, or account details for any other method of payment. If you attempt to make the purchase on behalf on any customer or submit their payment information for them, ClickBetter may immediately terminate this agreement without notice or liability. This restriction does not apply when you are the customer and you are supplying your own personal payment information for a product you are purchasing for yourself.
ClickBetter does not independently review or verify information submitted by vendors for accuracy, completeness, efficacy or timeliness. For that reason, we cannot guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any such information. The product manufacturer will retain all rights to intellectual property.
3. CLICKBETTER RESPONSIBILITIES
As an advertiser, ClickBetter has the following responsibilities. ClickBetter will:
a. Conduct sales with end consumer by distributing and marketing your products and services.
b. Receive and collect data from customers and deliver relevant data to your Vendor Account.
c. Receive payments from customers and credit funds to your account, minus any applicable commissions, refunds, fees and taxes
d. Deliver your thank you or download page to the customer upon the successful completion of a sale and send the customer an email receipt and record of their purchase.
e. Display and list your products in the ClickBetter Marketplace and make them available to our affiliates for purposes of promotion.
f. Receive and fulfill requests by customers, or authorized third parties for billing support and/or for the reimbursement of money paid to ClickBetter as outlined by our Moneyback Guarantee Policy.
g . Maintain confidentiality of the data and your information, unless necessary to verify your identity, attempt to resolve disputes, process transactions, or comply with applicable laws or court orders.
h. Protect the data from unauthorized access, interception, and copying according to reasonable industry standards.
i. Do everything reasonable to ensure that our website and services operate with the highest degree of uptime possible so as to provide minimal to no impact on our ability to market your products and services.
4. PRODUCT REQUIREMENTS
a. All Products must be original or otherwise appropriately licensed and be delivered digitally within 24hrs of purchase. Shipped products are not allowed, though may be sent as an additional value added bonus. In the event of a refund, any shipped merchandise is not required to be returned.
b. All Products sold must be "stand alone" and must not require that any additional products or services to be purchased in order to fully use them.
c. All Products must meet and comply with all local, state, federal and international laws and may not be misleading or unlawful in any way.
d. ClickBetter prohibits the following types of products:
1. Unlicensed proprietary content, software or services;
2. Gambling lottery tickets or sweepstakes;
3. Pornography, pornographic or adult entertainment of any kind;
4. Pirated software, pirating tools or spyware;
5. Hacking, warez or spamming tools or software;
6. File sharing or download hosting websites including, but not limited to, bit torrent networks;
7. Professional services or products including legal, accounting, medical, or pharmaceutical;
8. Any materials containing, endorsing or encouraging discrimination, violence, hatred, revenge, racism or criminal activity;
9. Any type of computer related support software, coaching, training or technical support products and/or services.
10. And any other category or product ClickBetter decides to prohibit at it's sole discretion.
e. Offering of any of the prohibited products may result in the immediate suspension or termination of all of your account and the forfeitures of any account balance owed by ClickBetter.
5. COMMISSIONS & PAYMENTS
a. ClickBetter charges a 10% advertising commission plus $1.00 per transaction on the sale of your product to cover our costs, advertising expenses and processing fees.
b. 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 issued.
c. A 20% reserve is typically withheld for 180 days to cover any future refunds or chargebacks incurred. You agree that the reserve may be increased without prior notice to cover anticipated increases in customer refunds or chargebacks and/or any other future expenses or fees or for any other reason ClickBetter determines at its sole discretion. You agree that you are not entitled to any interest generated from amounts deposited in your account.
d. Payments are made weekly by wire, ACH (direct deposit) or check. The method of payment determines the speed at which it is received. Payments sent by ACH direct deposit will be sent in the Vendors local currency. Vendors understand that payments sent in local non-USD currency may have conversion fees that apply and that ClickBetter cannot guarantee any specific conversion rate or fee.
e. Vendors 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. Also, if at the end of the month your account balance is negative, ClickBetter may at its option immediately collect the negative balance from a credit card or other payment method that you have on file or invoice you for the amount due. If ClickBetter chooses to invoice you, such invoice shall be due and payable 30 days after the invoice date.
f. Fees are subject to change without notice and may increase or decrease depending on the standing of the vendors account.
6. CHARGEBACK & REFUND POLICY
a. Our Money Back Guarantee & Refund Policy states that all products sold through the ClickBetter Marketplace are sold with a full 60 day, no hassle money back guarantee.
b. ClickBetter reserves the right to, at its sole discretion, to issue a refund after 60 days have passed for the sole purpose of mitigating a chargeback or preventing fraud.
c. Customers requesting a refund are required to submit a help desk ticket, email us at refunds@ClickBetter.com or call us at: 1-800-719-1832
d. There is a $50 fee for each chargeback incurred. Your chargeback rate must remain under 2% or your account may be suspended and subject to termination. If at any time your chargeback rate exceeds 5%, you will be charged an additional $50 fee on each subsequent chargeback. Furthermore, should the number of chargebacks to ClickBetter exceed a limit specified by any credit card processor or issuer, and if this condition triggers financial penalties to ClickBetter from any credit card processor or issuer, you shall be liable to ClickBetter for the full amount of such financial penalties. Chargeback Requests are imposed by credit card issuers and you acknowledge and agree that ClickBetter cannot decline a Chargeback Request.
e. Please note that the 10% advertising commission and the $1.00 per transaction fee is not refundable and will be charged to the vendor upon the completion of a refund or a chargeback.
a. We may amend any of the terms and conditions contained in this Agreement at any time and in our sole discretion.
b. All accounts with ClickBetter are closely monitored and any vendor violates this agreement in any way, is involved in suspected fraud or other illegal activity, or for any other reason at our sole discretion, ClickBetter may, with or without notice suspend, close or remove the vendors account whereas any account balances may be forfeited.
c. No dealer, agent, or employee of ClickBetter is authorized to make any customized modifications, extensions, or additions to the limited warranty set forth in this agreement with you.
d. No advice or information, whether oral or written, obtained from ClickBetter, it’s employees or representatives or through the ClickBetter website creates any warranty not made in this Agreement.
e. CLICKBETTER AND ITS BUSINESS AFFILIATES PROVIDE THE CLICKBETTER SERVICES, CLICKBETTER SITES AND CLICKBETTER TECHNOLOGY AS DESCRIBED IN THIS AGREEMENT "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CLICKBETTER SERVICES, CLICKBETTER SITES AND CLICKBETTER TECHNOLOGY IS AT YOUR SOLE RISK. EXCEPT FOR THOSE WARRANTIES WHICH CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, CLICKBETTER AND ITS BUSINESS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, AS TO ANY MATTER WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY, UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. You expressly agree that your use of ClickBetter Services, ClickBetter Sites and ClickBetter Technology is at your sole risk.