Affiliate Program Terms of Service

Terms and conditionsPrivacy policy

Last Modified: July 04, 2024

PLEASE READ THIS AFFILIATE PROGRAM AGREEMENT CAREFULLY.

This is a contract between you (the “Affiliate”) and Elevate AB Testing (“we,” “us,” or “our”). It describes how we will work together and other aspects of our business relationship. It is a legal document so some of the language is necessarily “legalese” but we have tried to make it as readable as possible.

The Affiliate Program Agreement applies to your participation in our Affiliate Program (the “Affiliate Program”). These terms are so important that we cannot have you participate in our Affiliate Program unless you agree to them.

We periodically update these terms. We might also choose to replace these terms in their entirety if, for example, the Affiliate Program changes, ends, or becomes part of an existing program. If we update or replace the terms, we will notify you via electronic means, which may include an in-app notification or by email. If you don’t agree to the update or replacement, you can choose to terminate as we describe below.

Definitions

  • Affiliate Program: The affiliate program described in this Agreement.
  • Affiliate Link: The unique tracking link you place on your site or promote through other channels.
  • Affiliate Lead: A customer prospect who clicks on the Affiliate Link that we have made available to you via the Affiliate Tool.
  • Commission: The amount described in this Agreement for each Customer Transaction.
  • Customer: An authorized actual user of Elevate AB Testing who has purchased a subscription after being referred by an Affiliate Lead.
  • Customer Transactions: Transactions by Affiliate Leads that are eligible for Commission.
  • Subscription Service: Our Shopify App Elevate A/B Testing that is developed, operated, and maintained by us. For the purposes of this Agreement, the Subscription Service does not include any implementation, customization, training, consulting, additional support or other professional services, or fees for third-party products or services.

Non-Exclusivity

This Agreement does not create an exclusive agreement between you and us. Both you and we will have the right to recommend similar products and services of third parties and to work with other parties in connection with the design, sale, installation, implementation, and use of similar services and products of third parties.

Affiliate Acceptance

Once you complete an application to become an Affiliate, we will review your application and notify you whether you have been accepted to participate in the Affiliate Program.

If you are accepted to participate in the Affiliate Program, then upon notification of acceptance, the terms and conditions of this Agreement shall apply in full force and effect, until terminated, pursuant to the terms set forth below.

Customer Transactions

Affiliate Program Limits: Each accepted Affiliate Lead will expire within 30 days from the date the Affiliate Lead clicked on the Affiliate Link. We will pay you Commission for each new Customer who completes an applicable Customer Transaction after clicking on an Affiliate Lead made available by you, provided that you remain eligible to receive Commission pursuant to the terms of this Agreement.

Eligibility: To be eligible for Commission:

  1. An Affiliate Lead must be accepted and valid.
  2. A Customer Transaction must have occurred.
  3. A Customer must remain a customer during the locking period.

Acceptance and Validity: An Affiliate Lead will be considered valid and accepted if, in our reasonable determination, it is a new potential customer of ours and is not one of our pre-existing customers or involved in our active sales process. We may choose not to accept an Affiliate Lead in our reasonable discretion.

Commission and Payment:

  1. Payment Frequency: Commissions are paid monthly.
  2. Payment Method: Payments are made via PayPal or as agreed upon.
  3. Minimum Thresholds: There is a (Minimum $50) thresholds for payouts.
  4. Net Sales: Commission is calculated on profit received after Shopify takes their fees excluding returns, chargebacks, or discounts. (Note: no commission will be generated during app trial periods.)
  5. Refunds: Any refunds granted to the user after a payout will be deducted from the next payout, and you will be notified.

Termination and Suspension

Conditions for Termination:

  1. Either party may terminate this Agreement on fifteen (15) days' written notice to the other party.
  2. Termination for Cause: We may terminate this Agreement immediately if you breach the terms applicable to your participation in the Affiliate Program, including engaging in prohibited activities.

Procedures for Handling Disputes or Breaches:

  1. We will notify you in writing of any breach.
  2. You will have fifteen (15) days to cure the breach.
  3. If the breach remains uncured at the expiration of such period, we may terminate the Agreement immediately.

Impact of Termination on Outstanding Commissions:

  1. Upon termination, you will be entitled to receive any outstanding Commissions for Customer Transactions recognized by us within thirty (30) days after the date of termination, provided that you remain eligible to receive Commission pursuant to the terms of this Agreement.
  2. If you terminate without cause or we terminate for cause, our obligation to pay and your right to receive any Commission will terminate upon the date of such termination.

Confidentiality and Data Privacy

You will comply with applicable data protection laws, including GDPR and CCPA, in handling any personal data received in connection with the Affiliate Program.

Indemnification

You will indemnify, defend, and hold us harmless against any third-party claim, suit, action, or proceeding arising from your participation in the Affiliate Program, our use of the prospect data you provided, your noncompliance with this Agreement, or your use of the Affiliate Tool.

Disclaimers; Limitations of Liability

Disclaimer of Warranties: We make no representations or warranties about the suitability, reliability, availability, timeliness, security, or accuracy of the Affiliate Program for any purpose. The Affiliate Program is provided "as is" without warranty or condition of any kind.

No Indirect Damages: In no event shall either party be liable for any indirect, punitive, or consequential damages, including lost profits or business opportunities.

Limitation of Liability: Our aggregate liability will be limited to the total Commission amounts you have actually earned in the twelve-month period preceding the event giving rise to a claim.

General

Amendment; No Waiver: We may update and change any part or all of this Agreement. If we update or change this Agreement, the updated Agreement will be made available to you via the Affiliate Tool and/or by email. The updated Agreement will become effective on the next business day after we have notified you.

Applicable Law: This Agreement shall be governed by the laws of the jurisdiction where Elevate AB Testing is located, without regard to the conflict of laws provisions thereof.

Force Majeure: Neither party will be responsible for failure or delay of performance if caused by an act of war, hostility, sabotage, act of God, electrical, internet, or telecommunication outage, government restrictions, or other events outside the reasonable control of the obligated party.

Entire Agreement: This Agreement is the entire agreement between us for the Affiliate Program and supersedes all other proposals and agreements.

Assignment: You will not assign or transfer this Agreement without our prior written consent.

No Third Party Beneficiaries: Nothing in this Agreement, express or implied, is intended to confer upon any person or entity any right, benefit, or remedy under or by reason of this Agreement.

Severability: If any part of this Agreement is determined to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement will continue in effect.

Survival: The following sections shall survive the expiration or termination of this Agreement: Commission and Payment, Proprietary Rights, Confidentiality, Effects of Termination/Expiration, Indemnification, Disclaimers; Limitation of Liability, and General.

By applying to become an Affiliate, you acknowledge that you have read and agree to these terms and conditions.

For any questions or concerns, please contact us at support@elevateab.com