AFFILIATE PROGRAM TERMS OF SERVICE

These Terms of Conditions are brought by Emitto ltd, incorporated under the laws of England and Wales, with its registered office at Unit 6 Queens Yard, White Post Lane, London, E9 5EN and its affiliated company Product Hive LLC, incorporated under the laws of the Republic of Serbia with its registered office at Kralja Stefana Prvovencanog 16/7, Nis, Serbia (hereinafter referred to as “the Company”) the owner of Emitto platform available on the web page https://emitto.io and its subdomains (hereinafter referred to as “Emitto”). 

The Affiliate Program Terms of Service are between you and Emitto and govern the terms of Emitto’s affiliate program (hereinafter referred to as the “Affiliate Program”). BY SUBMITTING AN APPLICATION TO PARTICIPATE IN THE AFFILIATE PROGRAM, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS WELL AS EMITTO’S TERMS OF SERVICE AND PRIVACY POLICY. Your participation in the Affiliate Program is conditioned on your acceptance of these Terms of Service and all terms, conditions, and notices contained herein. Please read the Terms of Service carefully. If you do not want to agree to these Terms of Service, you must not participate in the Affiliate Program.

1. Eligibility for the Affiliate Program

To participate in the Affiliate Program, you must submit an application through Emitto’s Affiliate Signup, available at https://affiliate.emitto.io. Emitto reserves the right, in its sole discretion, to accept or reject any application for membership in the Affiliate Program for any reason. Affiliates must be at least 18 years old in order to participate in the Affiliate Program.

2. Referrals

You will receive a commission for Qualified Referrals to the Emitto platform. The percentage of the commission may change at any time and without notice. The commission is calculated based on the successful payment made on the Emitto platform.

“Qualified Referrals” mean customers referred by you to Emitto who: (1) click on your unique tracking link; (2) within ninety (90) days of clicking on your unique tracking link, successfully purchase a monthly or yearly subscription for any Emitto paid plan; and (3) maintain an active account and the monthly or yearly subscription with Emitto for a minimum of thirty-one (31) days.

Affiliates who share the same personal/company details, including but not limited to, last name, email address, IP address, website details, or commission payment details, as their referred customer will be deemed to have made a “Self-Referral.” Referral commission and any earnings associated with this type of “Self-Referral” will not be paid. Emitto, in its sole discretion, will determine the classification of any referral as a “Self-Referral.”

Referrals made to current Emitto customers will be considered “Current Customer Referrals” and referral commission and any earnings associated with Current Customer Referrals will begin accruing after the referral was made. You will not receive a referral commission for a Current Customer Referral for any payments the customer made to Emitto before the referral. Emitto, in its sole discretion, will determine the classification of any referral as a “Current Customer Referral.”

3. Commissions

Commissions earned on referrals become payable 30 days after the referred customer becomes a Qualified Referral. Your total commission amount must equal or exceed one hundred US Dollars ($100) before receiving a payment from Emitto. If your total commissions for a given month are less than $100, payment will be held until the total commissions equal or exceed $100.

If at any time a Qualified Referral files a credit card dispute, any earned Affiliate commission on the disputed charge shall become frozen in your account until the dispute is settled. You will not receive any interest on commissions that have been frozen. If the dispute is settled in Emitto’s favor, any associated earned Affiliate commission will become payable to you. If the dispute is settled in the Qualified Referral’s favor, any associated earned Affiliate commission shall not be paid to you. If commissions have already been paid out to you, the amount of earned commissions on the disputed charges shall be debited to your account.

Commission payments will be paid in US Dollars and may be made via electronic payment (at this moment only Paypal is accepted). You are responsible for paying all applicable fees associated with accepting payments, including but not limited to, currency conversion fees, transaction fees, withdrawal fees, deposit fees, and tax liabilities if applicable. Commissions are paid out on request in a maximum of 7 business days from receiving the request.

Emitto reserves the right to request documentation in order to approve your account. These requests may be made during the Affiliate Program application process or at any time while you have an active account in the Affiliate Program. If requests for documentation are not responded to in a timely manner, Emitto reserves the right to terminate, deactivate, or not approve your account.

4. Marketing

You shall bear your own costs and expenses related to marketing and promoting Emitto and/or the Affiliate Program. Emitto is not obligated to reimburse or credit you for any marketing expenses. If Emitto does reimburse you for any marketing expenses, such reimbursement shall not create a duty or obligation to reimburse any future marketing expenses.

You may not engage in any of the following marketing activities and represent and warrant that your marketing practices do not violate any of these restrictions:

  1. Affiliates shall not make any false, misleading, or disparaging statements with respect to the Affiliate Program, Emitto, its employees, its customers, its Services (as defined in Emitto’s Terms of Service), or its Affiliates.
  2. Affiliates shall not create websites or advertisements that copy, imitate, or resemble the look and feel of Emitto’s Services. Affiliates shall not copy Emitto’s website or any portions thereof, including, without limitation, any of Emitto’s trademarks or other intellectual property, and display them on their own site or subdomain or use them in any way without Emitto’s prior express written consent.
  3. Affiliates shall not offer cash back, coupons, rewards, or other incentives as part of their marketing efforts for the Affiliate Program.
  4. Affiliates shall not use traffic that is generated by, including, but not limited to, pay to click, pay to read, banner exchanges, click exchanges, cost-per-view advertising, pop-up/under, spam, purchased traffic, or similar methods without prior written consent from Emitto.
  5. Affiliates shall not use cookie stuffing techniques that set the tracking cookie without the potential customer actually clicking on the Affiliate’s referral link.
  6. Affiliates are responsible for ensuring their tracking codes are working properly before sending traffic to Emitto’s servers. Any modification to the links is the sole responsibility of the Affiliate. Referral fees may be withheld, as determined in Emitto’s sole discretion, for tracking errors caused by editing, masking, redirecting, or tampering with affiliate links.
  7. Affiliates shall not bid on or use Emitto’s trademarks or misspelled keywords for the purpose of pay-per-click on internet search engines without prior written consent from Emitto.
  8. Affiliates shall not use Emitto’s trademarks or misspelled keywords in their domain names.
  9. Affiliates shall not use redirected pages and links to send a potential customer to Emitto’s website.
  10. Affiliates shall not engage in domain forwarding (i.e. purchasing a domain and setting it to forward directly to Emitto’s website using an affiliate link).
  11. Affiliates shall not engage in the advertisement of business-opportunity websites or use marketing practices that attract fraudulent or short-term customers.
  12. Affiliates shall not engage in any marketing activity that may harm the reputation or credibility of Emitto, including using low-quality marketing materials, or advertising on any website that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal activities, or violates the intellectual property or other rights of a third party.
  13. Affiliates shall not send any email in violation of the federal CAN-SPAM statute, 15 U.S.C. 1571, et seq.
  14. Affiliates must include a physical mailing address and unsubscribe information for any marketing email sent promoting Emitto’s Services.
  15. Affiliates shall make clear that they, not Emitto, are the sender of all marketing communications related to the promotion of Emitto’s Services.
  16. Affiliates shall not engage in any marketing or promotional activities that violate applicable laws, rules, or regulations.
  17. Affiliates shall not market using facsimile, broadcast, telemarketing, text message marketing, or other offline marketing methods regarding Emitto or Emitto’s Services without the express written consent of Emitto.
  18. Affiliates shall not use malware or spyware to market or promote Emitto’s Services.

5. Termination

Emitto may, in its sole discretion, terminate your participation in the Affiliate Program at any time, with or without cause, and without warning or notice. Without limiting the foregoing, Emitto reserves the right to terminate your account if it has been inactive for 12 consecutive months. Emitto reserves the right to terminate your participation in the Affiliate Program and not pay the accrued balance if you have been deemed to breach Emitto’s general Terms of Service or these Affiliate Program Terms of Service or engage in any conduct that Emitto deems to be illegal, improper, unfair, or otherwise adverse or detrimental to Emitto.

In Emitto’s sole discretion, affiliate accounts generating a large number of fraudulent accounts or that are associated with any false or misleading advertising or suspected fraudulent activity will be deactivated.

You may terminate your participation in the Affiliate Program at any time. You may discontinue your participation in the Affiliate Program by removing your affiliate links from your website and no longer promoting them. For accounting purposes, Emitto’s systems will retain your account and personal information. By terminating your participation in the Affiliate Program, you waive your right to be paid any unpaid commissions below the minimum threshold and you assign (by way of future assignment) all of your rights and ownership of any commissions which we are holding to your account. You will not receive any commissions which are earned after the date of termination.

Upon termination, all rights granted to you shall immediately terminate.

6. Relationship between you and Emitto

Neither these Terms of Service nor your participation in the Affiliate Program creates any employment, independent contractor, agency, partnership, or joint venture relationship between you and Emitto.

7. Non-Disparagement

During the term of these Terms of Service and for one (1) year after it has expired or been terminated, you agree that you will not disparage Emitto, its officers, directors, or employees or otherwise take any action that could reasonably be expected to adversely affect Emitto’s reputation. Under these Terms of Service, “disparage” includes, but is not limited to, any negative statement, whether written or oral, about Emitto, its officers, directors, or employees. You agree and acknowledge that this provision is a material term of the Terms of Service, the absence of which would have resulted in Emitto refusing to enter into this agreement.

8. Release and Authorization to Use Photographs

You grant Emitto permission to use any and all photographs taken by Emitto or its agents or employees or submitted by you to Emitto (hereinafter “Photographs”) in any media (including, but not limited to, print, internet, film, television, and no matter how distributed or published) for any purpose, including, but not limited to, advertising, promoting, and marketing of Emitto or any product or service sold and marketed by Emitto. You agree that this authorization to use Photographs may be assigned by Emitto to any other party, may be combined with other Photographs, sounds, text and graphics, and may be manipulated, cropped, altered or modified in Emitto’s sole discretion. You agree not to make any monetary assessment against Emitto in exchange for the release under this section. You hereby release and forever discharge Emitto from any and all liability and from any damages. You further acknowledge and agree that this release is binding upon Your heirs and assigns and that the release is irrevocable.

9. Assumption of Risk

You are solely responsible for ensuring that your participation in the Affiliate Program complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits, or grievances filed against you, including, but not limited to, all damages related to participation in the Affiliate Program.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, EMITTO, ITS PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SITES, SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, EMITTO SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, EMITTO SHALL NOT BE LIABLE TO ANY PARTY FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, Emitto’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL NOT EXCEED THE AMOUNT OF COMMISSIONS YOU EARNED OVER THE TWELVE (12) MONTHS PRECEDING THE CLAIM(S) UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.

10. Indemnification

You agree to indemnify, defend, and hold harmless Emitto, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Sites from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service by you or arising from or related to your use or misuse of the Affiliate Program.

11. Third Party Rights

The sections titled Limitation of Liability and Indemnification are solely for the benefit of Emitto and its present and future officers, directors, employees, agents, licensors, suppliers, and any third-party providers to the Sites. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf. Except as set forth herein, nothing expressed or implied in these Terms of Service is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity. You may not assign your rights under these Terms of Service without Emitto’s prior written consent.

12. Unlawful Activity; Termination of Access

Emitto reserves the right to investigate complaints or reported violations of these Terms of Service and to take any action it deems appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities. Emitto may discontinue your participation in the Affiliate Program at any time for any reason or no reason.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone participating in the Affiliate Program. YOU WAIVE AND HOLD HARMLESS EMITTO AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

13. Remedies for Violations

Emitto reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service.

14. Governing Law and Jurisdiction

These Terms of Service are governed by and construed in accordance with the internal law of England and Wales without regard to its principles of conflicts of laws. This Agreement shall be governed by the laws of England and Wales, and the parties hereby submit to the non-exclusive jurisdiction of the courts of London, England, for the resolution of any dispute which may arise in connection herewith, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action. Where a conflict exists between Emitto’s Terms of Service and the Affiliate Program Terms of Service, the Affiliate Program Terms of Service govern.

15. Entire Agreement; Severability of Provisions; No Waiver

The Affiliate Program Terms of Service constitute the entire agreement with respect to participation in the Affiliate Program. If any provision of these Terms of Service is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

16. Changes to the Affiliate Program Terms of Service

Emitto may review and update the Affiliate Program Terms of Service at any time in our sole discretion and it is your responsibility to keep abreast of those changes. All changes are effective immediately when posted. Your continued participation in the Affiliate Program following the posting of revised Affiliate Program Terms of Service means that you accept and agree to the changes which are binding on you, so please check this webpage periodically for updates.

17. Contact Us

If you have questions or concerns regarding the Affiliate Program Terms of Service or the Affiliate Program, you may contact us at:

Emitto ltd

Unit 6 Queens Yard 

White Post Lane 

London, E9 5EN

Email: support@emitto.io

Emitto Affiliate