LAST MODIFIED ON JULY 2024.
This Affiliate Agreement (“Agreement”) is entered into as of the date of acceptance by the affiliate (“Affiliate”) and Xagio, Inc (“Company”), a software as a service (SAAS) provider. By participating in the affiliate program, the Affiliate agrees to the following terms and conditions:
1.1. To enroll in the affiliate program, the Affiliate must complete and submit the online application form. Acceptance into the program is at the sole discretion of the Company.
2.1. The Affiliate agrees to use their best efforts to promote and market Xagio.com’s services.
2.2. The Affiliate will provide accurate and truthful information in all communications and representations related to the Company’s services.
2.3. The Affiliate will not engage in any deceptive, fraudulent, or unethical practices, including but not limited to spamming, misrepresentation, or unauthorized use of copyrighted material.
3.1. The Company will provide the Affiliate with unique referral links to track sales generated through the Affiliate’s marketing efforts.
3.2. The Affiliate may use banners, text links, and other promotional materials provided by the Company.
3.3. All promotional materials must adhere to the Company’s branding guidelines and be pre-approved by the Company if they are not provided directly by the Company.
4.1. The Affiliate will earn a commission for each sale referred to the Company using the unique referral link.
4.2. The commission rate is 20% of the first purchase and 10% of all recurring charges for all plans, excluding taxes, refunds, and chargebacks.
4.3. The Company reserves the right to change commission rates and cookie settings at any time, with or without prior notice to the Affiliate.
4.4. Commissions will be automatically paid to the PayPal account connected to ThriveCart, 30 days after the date of the sale, provided the Affiliate’s total earned commission exceeds a threshold of $100. If the commission does not exceed this amount, it will roll over to the next month.
5.1. Commissions will be paid via PayPal 30 days following the date of the sale.
5.2. The Affiliate is responsible for any fees associated with receiving commission payments.
5.3. The Affiliate must provide accurate payment information to the Company to ensure timely payment of commissions.
5.4. The Company reserves the right to withhold commission payouts temporarily or permanently in the event of suspicious activity or breach of this Agreement.
6.1. Initial Plan Purchases: Refunds are available within 30 days of the initial charge.
6.2. Monthly Recurring Rebills: No refunds. Affiliates should cancel billing prior to the rebill date to avoid further charges.
6.3. Annual Recurring Rebills: Refunds are available within 7 days of the last charge. An email reminder will be sent 48 hours prior to the charge.
6.4. Xagio Store: – xBank Xags: Refunds are available within 30 days of the initial charge for the unused portion. – xTemplates: No refunds.
6.5. Initiating A Refund: Affiliates must issue a support ticket and include the product purchased, receipt or transaction ID, date of purchase, and reason for the refund request. 6.6. Refund Processing: Refunds will be processed within 5 business days.
7.1. This Agreement will begin upon acceptance of the Affiliate into the program and will continue until terminated by either party.
7.2. Either party may terminate this Agreement at any time, with or without cause, by providing written notice to the other party.
7.3. The Company reserves the right to terminate any affiliate agreement at any time.
7.4. Upon termination, the Affiliate must cease all use of promotional materials and remove all links to the Company’s website.
8.1. The Affiliate agrees to keep all information regarding the Company’s business, customers, and affiliate program confidential and not disclose it to any third party.
9.1. The Company will not be liable for any indirect, special, or consequential damages arising out of or in connection with this Agreement.
9.2. The Company’s total liability under this Agreement will not exceed the total commissions paid or payable to the Affiliate under this Agreement.
10.1. The Affiliate agrees to indemnify and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorneys’ fees) arising out of or related to the Affiliate’s breach of this Agreement or any act or omission by the Affiliate.
11.1. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.
11.2. This Agreement will be governed by and construed in accordance with the laws of Canada, without regard to its conflict of law principles.
11.3. Any disputes arising out of or relating to this Agreement will be resolved through binding arbitration in accordance with the rules of the ADR Institute of Canada (ADRIC)
11.4. The Affiliate may not assign or transfer this Agreement without the prior written consent of the Company.
11.5. Any notices required or permitted under this Agreement must be in writing and will be deemed given when delivered personally, sent by email with receipt confirmation, or sent by certified mail, return receipt requested.
By participating in the Xagio.com affiliate program, the Affiliate acknowledges and agrees to the terms and conditions of this Agreement.
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