XAGIO AFFILIATE TERMS

1. Introduction

Welcome to the Xagio Affiliate Program! By enrolling as an affiliate, you agree to abide by the terms and conditions outlined in this agreement. These terms govern your participation in the program and define the relationship between Xagio and the affiliate.

2. Enrollment

To enroll in the Xagio Affiliate Program, you must:

1. Complete the affiliate application form found here.
2. Provide accurate and up-to-date contact information, including your preferred payment details.
3. Xagio reserves the right to review and approve or reject any affiliate application at its sole discretion. If your application is accepted, you will receive access to your affiliate account and marketing materials.
4. Affiliates may be disqualified or removed from the program if found violating the terms of the agreement or engaging in fraudulent activities.
   
   

3. Definitions

1. Affiliate: Any individual or entity that has applied for and been accepted into the Xagio Affiliate Program.
2. Company: Refers to Xagio, the provider of the services you will promote.
3. Services: The products and services offered by Xagio, including software, subscriptions, and related features.
4. Commission: The payment made to affiliates based on qualifying sales as described in this agreement.
   
   

4. Eligibility Criteria

To participate in the Xagio Affiliate Program, you must:

1. Own or manage a functioning email list, website, blog, or platform that meets our promotional guidelines.
2. Comply with all applicable laws and regulations in your region.
   
   

5. Affiliate Responsibilities

As an affiliate, you agree to:

1. Promote Xagio’s services honestly and ethically.
2. Accurately represent Xagio’s features and services.
3. Use only approved marketing materials provided by Xagio.
4. Refrain from making any false, misleading, or exaggerated claims about Xagio’s products and services.
5. Disclose your affiliate relationship in accordance with local laws and regulations (e.g., FTC guidelines on endorsements).
   
   

6. Marketing and Promotion Guidelines

Affiliates are encouraged to promote Xagio using the following guidelines:

1. Approved Channels: Promotion is allowed on your website, blog, social media platforms, and through email marketing.
2. Branding Guidelines: Ensure that Xagio’s logos, images, and materials are used consistently and correctly.
3. Prohibited Practices: Affiliates are prohibited from:
   1. Spamming or sending unsolicited emails.
   2. Engaging in deceptive marketing practices.
   3. Bidding on Xagio-related keywords in pay-per-click campaigns without prior approval.
   4. Misrepresenting Xagio’s services or making unsubstantiated claims.
      
      

7. Commission Structure

1. First-Time Purchase: 20% commission on the first purchase made by a referred customer.
2. Recurring Purchases: 10% on all subsequent recurring charges (subscriptions, renewals, etc.).

Important Notes:

1. Duration: Recurring commissions will continue as long as the referred customer remains subscribed to a Xagio plan.
2. Commission Adjustments: Xagio reserves the right to modify commission rates. Affiliates will be notified in advance of any changes to the commission structure.
   
   

8. Refunds and Reversals

• Refunds on sales or rebills where the commission is still marked as “unreleased” or “owed” will void that specific commission payout. Affiliates will not receive commissions on those transactions.
• In cases where commissions have been partially or fully paid out before a refund is requested, Xagio will:
  • Attempt to recover the commission through a ‘clawback’ from the affiliate’s PayPal account.
• If the clawback is unsuccessful, the affiliate will have 30 days to resolve the issue by repaying the refunded commission.
• If the outstanding amount is not repaid within 30 days, Xagio reserves the right to withhold future commissions until the debt is settled.
• Affiliates are not entitled to commissions on transactions that are refunded, reversed, or identified as fraudulent.
  
  

9. Payment Terms

1. Minimum Payout Threshold: Affiliates must reach a $100 minimum threshold before receiving payments.
2. Payment Methods: Payments are made via PayPal or another approved payment method.
3. Payment Schedule: Commissions are paid automatically 31 days after the sale, provided the affiliate has reached the minimum payout threshold.
4. Transaction Fees: Any fees associated with the payment method will be deducted from the affiliate’s payout where applicable.
   
   

10. Compliance with Laws

Affiliates must comply with all applicable laws, including but not limited to:

1. Affiliate disclosure regulations, such as FTC guidelines.
2. Data privacy laws like GDPR or CCPA where applicable.
3. Consumer protection laws governing marketing practices and endorsements.
   
   

11. Intellectual Property Rights

Affiliates are granted a non-exclusive, revocable license to use Xagio’s logos, trademarks, and promotional materials solely for the purpose of promoting Xagio. This license is subject to termination at Xagio’s discretion, and all intellectual property rights remain the exclusive property of Xagio.

12. Termination

Either party may terminate this agreement at any time, with or without cause. Upon termination, you will no longer be eligible to earn commissions on any sales generated after the termination date. Xagio reserves the right to withhold the final payment for up to 30 days to ensure no fraudulent or unauthorized sales are paid out.

13. Limitation of Liability

Xagio will not be liable for any indirect, incidental, or consequential damages or losses resulting from your participation in the Affiliate Program. Affiliates participate in the program at their own risk.

14. Dispute Resolution

In the event of a dispute, both parties agree to resolve the matter through informal negotiations. If a resolution cannot be reached, the dispute will be referred to arbitration in accordance with local laws. Both parties agree that arbitration will be the exclusive remedy for disputes arising out of this agreement.

15. Modification of Terms

Xagio reserves the right to modify these terms and conditions at any time. Affiliates will be notified of changes by email or visiting this page. Continued participation in the program following any updates constitutes acceptance of the modified terms.

16. Miscellaneous

1. Confidentiality: Affiliates may not disclose any confidential information regarding Xagio’s business, products, or customers.
2. Governing Law: This agreement will be governed by the laws of the region where Xagio operates.
3. Severability: If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.