Terms & Conditions
THIS AGREEMENT (the “Agreement”) provides the terms and conditions of the relationship between WpStream Interactive SRL and Affiliate, a/an
- Individual; or
- Corporation; or
- Limited Liability Company
In order to participate in the WpStream Affiliate Program (the “Program”) to refer traffic to WpStream’s website.
WHEREAS, WpStream is the sole owner and operator of the Internet site known as
https://wpstream.net/ ; and
WHEREAS, WpStream has created a Program that enables Affiliates to refer internet traffic to https://wpstream.net/ from the website(s) or advertising networks of others in exchange for agreed consideration; and
WHEREAS, you desire to participate in the Program, as evidenced by your application, which WpStream may approve or disapprove, at its sole discretion.
THEREFORE, in consideration of the mutual promises herein, the Parties agree as follows:
It is understood that the Affiliate will introduce WpStream’s services to their current and prospective customers and will comply with all laws, including those that govern email marketing and anti-spam laws.
WpStream reserves the right to accept or reject any prospective customers. It will pay the Affiliate a commission per customer referred using an affiliate URL and according to a designated payment schedule.
Nature of partnership
The Affiliate will act as an agent on behalf of WpStream by placing links on their website(s), social media, and other platforms to direct traffic to the company’s website registered at (https://wpstream.net/). In addition, the Affiliate shall coordinate with WpStream to carry out successfully the marketing, publicizing, and promotion of the company’s products or services.
Any Affiliate Program may be amended or terminated at any time. Information about the Affiliate Program will be available on WpStream’s website. Accordingly, the Affiliate must keep themselves informed of any amendments of Affiliate Programs, particularly if a registered website has terminated its Affiliate Program or changed the conditions for remuneration to Affiliates.
Terms of the agreement
- The term of this Agreement will begin upon WpStream’s acceptance of the Affiliate’s application.
- The Affiliate is only eligible to earn commission fees on qualified purchases occurring during the term, and commission fees earned through the date of termination will remain payable only if the orders for the related products and services are not refunded and comply with all terms laid out in this Agreement.
- WpStream may withhold your final payment of commission fees for a reasonable time to ensure that all qualified purchases are valid and payments from referred customers are legitimate as determined by the company in its sole discretion.
- Any Affiliate who violates either this Agreement or WpStream’s Terms and Conditions will immediately forfeit their right to all accrued commission fees and be removed from the WpStream Affiliate Program.
- Without limitation, the Affiliate’s participation in the program and this agreement shall be deemed automatically terminated immediately and all commissions forfeited upon the Affiliate’s violation of any of the terms of this Agreement or any applicable law or regulation having the force of law.
The Affiliate promises and agrees to hold any confidential information in strict confidence and trust for the sole benefit of WpStream, both during the term of this Agreement and at all times thereafter, and shall not use such confidential information for any purpose, whether or not for consideration, business or personal, other than as may be reasonably necessary for the performance of its duties according to this Agreement, without WpStream’s prior written consent.
The Affiliate shall not disclose any confidential information to any person or entity, other than to such of its employees or consultants as may be reasonably necessary for purposes of performing its duties hereunder and have executed agreements of confidentiality no less protective than this Agreement without WpStream’s prior written consent. The Affiliate’s obligations include taking all actions necessary to ensure that any affiliates, employees, contractors, or agents abide by the terms of this section in their entirety.
Confidential information does not include information that
- is or becomes publicly known through lawful means;
- was rightfully in provider’s possession or part of the Affiliate’s general knowledge before the effective date of this Agreement; or
- is disclosed to the Affiliate without confidential restriction by a third party who rightfully possesses the information (without confidential restriction) and did not learn of it, directly or indirectly, from WpStream.
The Affiliate hereby agrees to indemnify and hold harmless WpStream, its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on:
- Any claim that our use of the Affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary rights of any third party.
- Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by the Affiliate herein.
- Any claim related to the Affiliate’s site, including, without limitation, its development, operation, maintenance, and content therein not attributable to WpStream.
Enrollment in the affiliate program
To register for the Affiliate Program, the recipient must complete and send an Affiliate Program Application to WpStream. The Affiliate Program Application is included on the website and can be completed and submitted through the site with the following URL https://wpstream.net/affiliates/ . WpStream will evaluate the application and notify the Affiliate of their acceptance or rejection. WpStream may reject the application for any reason at their sole discretion.
Without limiting the ability to reject any application for any reason at WpStream’s absolute discretion, the Affiliate application will be rejected if:
The application is incomplete
- The Affiliate website contains images or content that promotes violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- The Affiliate website promotes illegal activities or is intended to harass or defame any person.
- The Affiliate website intentionally includes variations or misspellings thereof in their domain names or otherwise violates WpStream’s intellectual property rights or the intellectual property rights of others.
- The Affiliate takes part in scam activities
If WpStream rejects the Affiliate’s application, the Affiliate is welcome to reapply to the program at any time. However, if WpStream accepts the application, they reserve the right to terminate the Affiliate’s participation in the program for any reason at their sole discretion immediately and without prior notice.
WpStream may modify any of the terms and conditions in this Agreement at any time at their sole discretion. In such an event, WpStream will notify the Affiliate by email. Modifications may include but are not limited to changes in the payment procedures and Company Affiliate Program rules. If any modification is unacceptable to the Affiliate, their only option is to end this Agreement. Continued participation in the WpStream Affiliate Program following the notification of change or new Agreement posting on our site will indicate your agreement to the changes.
WpStream makes no representations or warranties regarding potential income that may result from the Affiliate Program. Commissions will be paid to the Affiliate based on customers who purchase a subscription plan from the WpStream website through the Affiliate’s site. Commissions will be based on gross sales price, not including any sales tax, shipping, special service fees (such as gift wrapping), late charges, collection costs, and any other payment made to WpStream that is not the purchase price of the product.
The Affiliate understands that WpStream may change the payout amount at any time. The Affiliate is responsible for determining if the payout for a link they placed on their site has changed or been discontinued. The percentage paid is 5% per month and ‘Lifetime Commissions’ which lead to monthly commissions of 5% for as long as the referral continues their subscription renewal and does not cancel. Payments are made automatically when the Affiliate’s account balance reaches $50 or more for the previous months’ transactions.
WpStream reserves the right to deduct the costs for any products that are refunded in the subsequent months, attributable to credit card fraud or bad debt write-off, or for any other reason if the previous commission was overpaid.
If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.
The laws of the States and Country will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought to courts located in Romania or the European Union and the Affiliate irrevocably consents to the jurisdiction of such courts. The Affiliate may not assign this Agreement, by operation of law or otherwise, without our prior written consent. WpStream’s failure to enforce the Affiliate’s strict performance of any provision of this Agreement will not constitute a waiver of WpStream’s right to subsequently enforce such a provision or any other provision of this Agreement.
Termination of agreement
Either the Affiliate or WpStream may terminate the Affiliate relationship at any time. The Affiliate is only eligible to earn Affiliate payments during their time as an approved Affiliate. WpStream may change the program or service policies and operating procedures at any time.
IN WITNESS WHEREOF, WpStream has caused this Agreement to be signed by a duly authorized officer, and the Affiliate has affixed their signature hereto by registering on the site (applying as an affiliate) on the following page: https://wpstream.net/affiliates/
This Agreement sets forth the entire agreement and understanding between the Affiliate and WpStream relating to the subject matter hereof and thereof and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between the Affiliate and WpStream, written or oral, to the extent they relate in any way to the subject matter hereof.
April 5, 2023