Zenkit Affiliate Agreement

Last update: March, 2023.

Joining the Program

When submitting an application to become an affiliate, and upon acceptance, you as the affiliate authorize that you have read and understood this agreement, and you agree to be bound by it to the same extent as if you had personally signed this document. Your participation in the program is exclusively for the purpose of legally advertising Zenkit’s products and services to receive a commission on products purchased by your referred individuals.

Affiliate Obligations

• All promotional activities undertaken by you to promote Zenkit’s products or services shall be made in accordance with sensible, rational, and prudent business practices, Zenkit’s policies (which could possibly change from time to time in its sole discretion), and in accordance with all applicable laws and regulations. All information obtained at our site from individuals linking to Zenkit’s site shall be the sole and exclusive property of Zenkit and, except as specifically provided herein, you shall neither have access to such information nor use any device, technique, or software to obtain information from the Zenkit site.
• You shall replace any advertising displayed on your website(s) with any new advertising provided by Zenkit within five business days after receiving notice from us of the new advertising. You shall not make adjustments to any advertisement in any way.
• You will be responsible for ensuring that materials posted on your website(s) do not violate or breach upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights); ensuring that materials posted on your website(s) are not defamatory, illegal, or otherwise objectionable; ensuring that your website(s) correctly and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers. Zenkit disclaims all liability for these matters.
• Further, you agree to indemnify and hold us harmless from all claims, damages, losses, and expenses (including, without limitation, attorneys’ fees, payable as incurred) relating to the development, operation, maintenance, and contents of your website(s), use of the advertising, breach of this agreement, and/or violation of any right of another party.
• Zenkit shall not be a party to any agreement that you have with an agent and you are not authorized to make any commitments on behalf of Zenkit to any such agent, including commitments regarding payment of fees to the agent by Zenkit or commitments for licenses to Zenkit’s name, logo(s), any provided images, or other intellectual property. Agents are not third party beneficiaries of this agreement with Zenkit. Any violation by your agents of the terms and conditions of this agreement shall be deemed a breach of this agreement by you and Zenkit shall have full recourse against you with respect to such breach.
• During and after your time as an affiliate with Zenkit, you will not disparage Zenkit, the Zenkit site, or our products or services, or depict any of these in a derogatory, deprecatory, or negative manner.
• This agreement may not be assigned or otherwise transferred by you without the written authorization of Zenkit. You may not make any public announcement or press release about the terms or existence of the agreement without Zenkit’s prior written approval and authorization.
• Affiliate’s continuing compliance with this agreement is a condition of continuing participation in the program. Zenkit reserves the right to review, evaluate, and audit affiliate’s website(s) from time to time to determine if affiliate is in continued compliance with this agreement. Affiliate’s website(s) must be and remain operating and fully functional.

Termination

• Upon termination of this agreement, affiliate shall immediately stop serving or using Zenkit advertisements.
• Termination of future commissions on previously referred customers shall be applied.
• No referral fees or bonuses shall be due with respect to customers who register after the date of termination. We reserve the right to withhold your final payment for up to 120 days as necessary to calculate properly any amount due to you.

Modification

• Zenkit may change any of the terms and conditions contained in this agreement at any time in our sole and absolute discretion effective immediately upon notice to you. Changes may include, but are not limited to, changes in referral fees, payment procedures, and authorized promotional activities.
• Your continued participation in the Zenkit Affiliate Program following our announcing of a change notice or new agreement on our site will constitute binding acceptance of the change or new agreement, as applicable. If any change or modification is unacceptable to you, your only recourse is to terminate this agreement.

Referral Fee

• Starting December 1, 2018 and during the term of this agreement, Zenkit shall pay affiliate a commission comprised of 20 percent of each paid Zenkit Plus plan and Zenkit Enterprise plan subscription made by a customer referred to Zenkit by affiliate (as determined by Zenkit’s sole discretion). If a notification is received of a customer renewing their subscription, affiliate will also receive a commission for that renewal purchase.
• Zenkit reserves the right to adjust the referral fee payable to affiliate the extent of any reporting errors, fraudulent sales, fraudulent or automated clicks, or intentional manipulations of the registration or sales process, all as determined in our sole discretion.
• Zenkit reserves the right to change the referral fees payable hereunder by providing notice to you (including by email) and/or reflecting such changes on the Affiliate Program site. Any decrease to the referral fees shall become effective immediately upon the earlier of (a) providing notice to you, or (b) posting of the new referral fee on the Affiliate Program site.
• The referral fee will be verified by Zenkit after the customer payment to avoid refunds, chargebacks, and downgrades. If the customer downgrades to free, deletes an account, or demands a refund during the verification period, no commission is paid. If a customer downgrades from Enterprise to Plus account during the verification period, the commission is paid for the Plus subscription.