Last Updated: December 8, 2018
As an authorized affiliate (Affiliate) of CapSumo, LLC (CapSumo), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting CapSumo as an Affiliate.
Your participation in the Program is solely to legally advertise our website to receive a referral fee (commission) on memberships and services purchased by individuals referred to CapSumo by your own website or personal referrals.
BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND THE CAPSUMO TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
1. Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
2. Referral Fees and Payments
The Referral Fee is 20% (twenty percent) of the revenue that the Referred Client generates for CapSumo.
Commissions will be paid once a month. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 37 days past the trial period.
If the accrued Referral Fee is or exceeds $50, the accrued Referral Fee will be paid to the Affiliate by approximately the 15th of the month following the end of each month via PayPal. If the accrued Referral Fee is less than $50, the Referral Fee will be further accumulated by CapSumo until the accrued Referral Fee reaches at least $50.
CapSumo may withhold payments of Referral Fee for a reasonable time to ensure that all Client Agreements are valid and payments from Referred Clients are legitimate as determined by CapSumo in its sole discretion. In addition, Referred Client payments for annual subscriptions that are cancelled or payments charged-back due to credit card fraud do not qualify for Referral Fee.
You cannot refer yourself, and you will not receive a commission on your own accounts. There is also a limit of one commission per referral. If someone clicks the link on your site and orders multiple accounts, then you will receive a commission on the first order only.
Commissions will accrue and only become payable once Affiliate provides all relevant tax, address documentation, and payment information. It is solely your responsibility to provide CapSumo with accurate tax and payment information that is necessary to issue payment for a Referral Fee to you. If CapSumo does not receive the necessary tax or payment information within ninety (90) days of a Qualified Purchase which would otherwise trigger Referral Fees, the applicable commissions shall not accrue and no Referral Fees will be owed with respect to such Qualified Purchase.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
If the Referred Client signs up for CapSumo services by going to CapSumo’s website directly, such Referred Client will not be associated with the Affiliate who referred it to CapSumo, and therefore the Affiliate will earn no Referral Fee.
Referred Client will not be associated with the Affiliate and therefore the Affiliate will earn no Referral Fee using the cookie-based tracking method if: a. Cookie Period expires; b. the Client signs up for CapSumo services within another web browser in which the cookie was not activated prior to the signup; c. the Client signs up for CapSumo services after clearing cache in the web browser in which the cookie was activated.
All Affiliate Fee payments will be payable in United States Dollars only, except as otherwise determined by CapSumo in its sole discretion.
Referrals will become void, and any unpaid Affiliate Fees will be forfeited, after 12 calendar months.
CapSumo reserves the right to change the mechanism it uses to create and track Referrals at any time. Affiliate’s continued participation in the Program after any such changes shall constitute your consent to such changes.
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Violation of intellectual property rights. CapSumo reserves the right to require license agreements from those who employ trademarks of CapSumo in order to protect our intellectual property rights.
- Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with CapSumo, however, is acceptable.
- Creating more than one Affiliate account.
- Taking actions or make recommendations to your referrals that result in a potential revenue loss for CapSumo.
- Copy, alter or modify any icons, buttons, banners, graphics, files or content contained in CapSumo Links, including but not limited to removing or altering any copyright or trademark notices, without prior written approval from us.
- Engage in any blackhat seo/spam link building techniques in order to generate more referrals for CapSumo.
- Post ads on offensive, illegal, hateful, pornographic, or otherwise distasteful websites.
- Violating any applicable law.
- Using traffic generated by pay to read, pay to click, banner exchanges, click exchanges, PPV advertising, pop-up/under, or similar methods.
- Using iframes or any other techniques or technology that places your affiliate tracking cookie by any means other than an actual click-through;
- Using link cloaking or masking techniques or technology with the goal to promote CapSumo on websites and/or networks not explicitly listed in your affiliate profile and hiding that traffic source.
- Your domain name(s), company name, logo, trademark, product(s), project(s), service(s) must NOT contain keywords and phrases containing the “CapSumo” trademark or any other variations or misspellings confusingly similar to CapSumo trademark, name, logo or domain name, without our prior approval.
- Self referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, CapSumo reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
CapSumo reserves the right to terminate the Affiliate Agreement with immediate effect with any Affiliate who CapSumo reasonably believes has violated this Agreement or applicable laws. Such violating Affiliate shall not be entitled to any accrued by and unpaid Referral Fees.
4. Affiliate Links
You may use graphic and text links both on your website and within in your email messages. You may also advertise the CapSumo site in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.
5. Coupon and Deal Sites
CapSumo occasionally offers coupon to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:
- Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
- Affiliates may not bid on CapSumo Coupons, CapSumo Discounts or other phrases implying coupons are available.
- Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
- User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
- Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
6. Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior written permission.
7. Limitation of Liability
CAPSUMO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT MAKE ANY EXPRESSED OR IMPLIED WARRANTIES WITH RESPECT TO THE PROGRAM AND/OR THE MEMBERSHIPS OR SERVICES SOLD BY CAPSUMO. WE MAKE NO CLAIM THAT THE OPERATION OF THE PROGARM AND/OR OUR WEBSITE(S) WILL BE ERROR-FREE AND WE WILL NOT BE LIABLE FOR ANY INTERRUPTIONS OR ERRORS.
If Affiliate’s use of Material provided under this Program results in the need for servicing, repair or correction of equipment, software or data, Affiliate assumes all costs thereof. CapSumo’s maximum aggregate liability under or in connection with this Agreement and the Program, whether in contract, tort (including negligence) or otherwise (a “Claim”), shall be limited to a sum equal to the aggregate amount which CapSumo is obliged to pay Affiliate in the one (1) month period immediately prior to the period giving rise to such Claim.
8. Relationship of Parties
Affiliate and CapSumo 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 Affiliate Site or otherwise, that contradicts anything in this section.
9. Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
Affiliate shall indemnify and hold harmless CapSumo and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by CapSumo to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
11. Personal Data
CapSumo is not obliged to share with Affiliate any of the personal data of the Referred Clients (or any natural persons representing the Clients or providing services or work for them) who have concluded a Client Agreement with CapSumo.
If the Affiliate wishes to keep personal data concerning Referred Clients for its own internal use, the Affiliate must obtain prior consent from the respective Referred Clients directly (or any natural person representing the Clients or providing services or work for them).
CapSumo may make available to you a variety of sales and marketing materials such as logos, brochures, banners, photos, etc. (hereinafter “Materials”), which are subject to the terms and conditions hereof. In utilizing the Materials, Affiliate agrees that Affiliate:
- may use the Materials only for the purposes of performing your obligations under the Affiliate Agreement;
- will not modify, alter or otherwise change the Materials without CapSumo’s prior written consent;
- will cooperate fully with CapSumo in order to maintain the Materials; and
- will use only the Materials which are provided by CapSumo or expressly approved by CapSumo in advance of any such use.
All Materials are the copyrighted property of CapSumo, its affiliates and/or third party licensors. Furthermore, all trademarks, service marks, trade names, code, data or any other elements contained in the Materials are proprietary to CapSumo, its affiliates and/or third party licensors and your use of the Materials does not grant to you ownership thereof. All goodwill symbolized by and connected with such use of the Materials will inure solely to the benefit of CapSumo.
13. Changes to the Affiliate Program Terms
We reserve the right to alter, update, or remove our Service and Software at any time. We may conduct such modifications to our Service or Software for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service or Software for security, legal or other purposes.
14. Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Colorado. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Douglas County, Colorado.
In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
15. Transfer of Rights
You may not assign or otherwise transfer any of your rights hereunder without CapSumo’s prior written consent, and any such attempt is void. The relationship between CapSumo and you are not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
16. Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the CapSumo affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by submitting and/or completing the CapSumo application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.