This agreement describes the terms and conditions for participation in Netpeak Software affiliate program.
The Agreement is concluded between Netpeak LTD Company, the legal entity, registered at the address: Office 7, 35-37 Ludgate Hill, London, EC4M 7JN, United Kingdom, and acting on the behalf of and in the interest of the services of Netpeak Software (hereinafter referred to as 'Company'), and an individual or legal entity (except for stateless persons and individuals, who has not reached the age of 18 years) (hereinafter referred to as 'the Affiliate'), together to be referred to as 'the Parties' and each respectively to be referred to as 'the Party'.
The Agreement comes into effect immediately upon its reading by the Parties, as well as after creating a Netpeak Software account.
By taking part in the affiliate program, you (the party) demonstrate your full acceptance and agreement with all terms and conditions of this agreement. If the agreement is not quite acceptable to you (the party), you shall immediately cease to use the affiliate program.
Customer shall be an individual person or legal entity who on the basis of particular agreements with the Company purchased Netpeak Software product.
Affiliate shall be an individual person or legal entity, registered at netpeaksoftware.com service and using the affiliate link or promo code, having rights and obligations, in accordance with this Agreement and other agreements between him and the Company.
Affiliate Program shall be a complex of program and marketing components due to which the fixation of the realized product or service rendered and further payment of rewards to the Affiliate is carried out.
Under this Agreement the Affiliate in his own name, at own expense, but in the interest of the Company shall perform actions, aimed at the customer searching and acquisition for the further services rendering by the Company, and the Company shall be obliged to pay the Affiliate bonus in the amount and in accordance with the procedure specified in this Agreement.
The Affiliate can use a special affiliate link or promo code to refer customers. When the user follows the affiliate link or use affiliate promo code, cookies are assigned to him. The cookies are valid within the week and are considered not only for the purchase but also for the user registration.
The user is considered as referred by the affiliate in the following cases:
The referred user gets a 5% discount on purchasing Netpeak Software tools. The discount is valid within a year after its issuing.
The user can get a discount using the affiliate promo code only once.
The Affiliate shall not be an owner and/or service provider but only shall perform the mediation function of agent between the Company, the service provider, and Customers.
This Agreement under no circumstances shall represent joint venture and/or relationship between the employer and employee. Affiliate can perform activity and represent itself in the relations with the third parties only as the Affiliate of the Company and in no circumstances as someone else.
Participation of the Affiliate in the Affiliate Program shall be free of charge.
The Company shall constantly develop and improve the Services of its Affiliate Program. In this context, the Company shall reserve a right to completely or partially cease rendering one of the services, if it is required because of the preventive measures, improvement of the service functions, or change of the rendered service.
The Obligations of the Affiliate:
The Affiliate shall have a right:
The Affiliate shall be prohibited:
The Company shall be obliged:
The Company shall have a right:
For the performance of orders under this Agreement, the Company shall pay a bonus to the Affiliate, the amount of which shall be determined in this Agreement.
The Affiliate shall receive a bonus from the Company, which directly depends on the success of the actions and advertising campaigns.
Except for the agreed amount of bonus payable to him, the Affiliate shall have no right for the reimbursement of expenses, it has incurred for the use of third-party services, programs, or services, even if these expenses were associated with his advertising activities as a part of the Affiliate Program.
A right to receive a bonus shall be exercised, only when the complex of the following conditions is performed:
A bonus shall be paid out, using the banking details of the Affiliate by transferring amounts to PayPal account of the Affiliate within the time limits prescribed by this Agreement, after the confirmation by the Company of the commission calculation. The minimum amount for the bonus withdrawal is 50 (fifty) US dollars.
The payment shall be considered to be made, and the obligations of the Company related to the payment of bonus to the Affiliate to be performed after debiting (the amount of bonus) from the current account of the Company.
Payments related to the affiliate link or promo code of the Affiliate shall be made during all the time of activity of the Customer acquired. Each payment during all time (including recurring ones), when the Customer uses Netpeak Software products, will bring the Affiliate a bonus in the relevant amount.
If the Affiliate does not withdraw bonuses earned due to the affiliate link or promo code to its account, he will have a right to pay for Netpeak Software products using these bonuses. Furthermore, the amount of bonuses will be increased by 50%. By using affiliate bonuses, only full amount of the purchase can be paid, thus it’s not possible to pay partially by Stripe/PayPal and bonus account.
This payment cannot be recurring, that means the Affiliate can’t use his bonus account to auto renew subscriptions.
There shall be no interests accrued to the amount of bonus on the account of the Affiliate in the Affiliate Program, regardless of the payout period.
The payment shall be made only in US dollars. The currency exchange is impossible within the system.
Subject to the terms of this Agreement, the Company shall pay the Affiliate commission in the following amounts:
The commission amount will be increased to 15% or 25% only after charging the commission for the 5th (fifth) and 10th (tenth) unique customer correspondingly. After charging the commission from the 1st (first) payment by the 5th (fifth) referred customer and until the 1st (first) payment by the 10th (tenth) referred customer inclusively, the Affiliate gets a 15% commission. The 25% commission becomes available after charging the commission from the 1st (first) payment by the 10th (tenth) referred customer.
When calculating the commission, only payments in ‘Paid’ status with not ‘Bonus Account’ payment method will be considered. The commission is calculated from the total amount paid by referred customer, the total amount considers all the possible discounts and bonuses of the customer and is the actual amount that was paid.
The commission is charged only in 14 (fourteen) days after the payment by referred customer. The affiliate statistics is also changed within this period.
The commission cannot be charged for the payments which were refunded or disputed by the Customer. If by any reason the refund or dispute was made after 14 (fourteen) days from the payment, the commission and the affiliate statistics will be changed.
The bonuses are withdrawn from 1st (first) to 5th (fifth) of every month excluding weekends and holidays. If the withdrawal date occurs on the day off, the withdrawal period is extended for the number of such days.
The Affiliate can make a request for the withdrawal at any time, however, only the requests made 2 (two) days prior to the end of the previous month or earlier, will be processed in the current month.
The Affiliate cannot cancel the request for the withdrawal on his own, in this cases, he should contact the Company customer service via email firstname.lastname@example.org.
The Company shall not be responsible for loss and hazards, caused by the content of the Websites of the third parties, mistakes in the software or technical means of the participants of the Affiliate Program, as well as for harm, caused by insufficient access or limited functionality of the Internet network.
As for the rest, the Company shall be responsible for:
This Agreement shall be concluded for indefinite period. The Affiliate can terminate this Agreement, having deactivated account, having written a letter to the customer service at email@example.com.
If the Affiliate has an amount of bonuses unpaid on the account, it will be paid out to the account previously mentioned in the personal account in the next period of payment.
All deals completed prior to the termination of the Agreement will be processed according to the normal procedure.
The Company shall reserve a right to change less important provisions of this Agreement with no reason given and at any time if these changes do not influence the general provisions of this Agreement. Notification of the changes shall be sent via email at least 5 (five) days prior to the coming into effect.
If the Affiliate has nothing against the changes in writing during 5 (five) days from the date of their delivery to its email, the changes will come into force for him.
If the Affiliate contradicts against the changes, then this Agreement will be deemed to be terminated.
In case the Parties cannot settle the disputes and/or conflicts between them by means of negotiations, such disputes will be settled in the International Commercial Court of Arbitration under the laws of Cyprus.
If individual provisions of this Agreement completely or partially are null and void, the validity of the other provisions will remain in force. The provisions, which became invalid, shall be deemed to be replaced with another one, the closest in meaning and designation. This shall be true for potential omitted provisions of this Agreement.
This Agreement can be terminated on the initiative of the Company unilaterally, in a case of violation by the Affiliate of the obligations, mentioned in this Agreement. The Agreement shall be deemed to be terminated according to the circumstances, mentioned in this clause, upon the expiration of 24 hours after the sending email with the notice of termination to the email account of the Affiliate, the fact of receipt and reading by the Affiliate of the notice of termination of the Agreement in this case is of no importance.
Effective Date: July 07, 2017