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Zenkit Affiliate Agreement

Last update: December, 2018.

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.

Payment

  • Zenkit will pay affiliate the full commission via PayPal into affiliate’s personal, premier, or business PayPal account. Affiliate will be responsible for any fees (including PayPal fees), if any, for receiving the payment.
  • Zenkit uses a third party to manage the tracking of the payment. The third party is the Refersion.com affiliate network. Please review the network’s payment terms and conditions.

Restrictions

  • Notwithstanding any provision of this referral agreement, we will not be obligated to pay commissions if (a) we determine, in our reasonable discretion, that referrals are not genuine transactions, including without limitation for self-referrals; (b) the customer does not maintain its paid account (at the same or higher price tier) for longer than two (2) months; (c) you engage in any fraudulent or deceitful behavior in connection with the Zenkit affiliate Program, including without limitation directly or indirectly offering any person a financial incentive to follow a referral link or attempting to redirect traffic from, or divert a Zenkit affiliate from, any other participant in the Program.
  • Affiliate shall not modify the prices of the Zenkit Plus plan and Zenkit Enterprise plan subscriptions without expressed permission from Zenkit when promoting and/or offering the product to their referred customers. We reserve the right to withhold payment and/or terminate affiliate membership should we suspect this behavior.

Promotion Limitations

  • Affiliate shall not promote Zenkit via paid search placement in any search engine, including but not limited to using Zenkit’s brand features in ad text (both headlines and descriptions), bidding on keywords containing Zenkit’s name or brand features, and use www.zenkit.com or its affiliate link, including the redirecting link as a display URL or landing page URL. No commissions from sales generated through keyword bidding or other paid search in search engines will be earned or paid.
  • Only banners, images, and other marketing materials listed in the “Creatives” section of the Affiliate Program are allowed to be used for promoting Zenkit’s products and services. No changes to such banners are permitted, including, without limitation, with respect to size, color, text, or other visual changes. Any modified banners shall be removed immediately by affiliate upon Zenkit’s request. If such banners are not removed, affiliate agrees and acknowledges that no existing or future commissions shall be deemed to be earned or payable to affiliate by Zenkit.

Unacceptable Content

  • Affiliate may not post adult-oriented content on any page on which advertising appears. Zenkit considers content to be “adult” if it contains nudity, is sexually explicit, pornographic, vulgar, lewd, obscene, primarily intended for sexual fulfilment or is otherwise inappropriate for minors, as determined in Zenkit’s sole discretion.
  • Affiliate may not post any offensive or derogatory or incorporate images or content that is in any way harmful, threatening, obscene, harassing or racially, ethnically or otherwise objectionable, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, as determined in Zenkit’s sole discretion.

Disclaimer

  • The Zenkit site and related products and services are provided “as is” with no warranty, and Zenkit explicitly disclaims any warranty, express or implied, regarding the Zenkit site and the Zenkit products and services, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement and implied warranties arising from course of dealing or course of performance.
  • Zenkit makes no representation or warranty that the links, the tracking data, the operation of the Zenkit site, the Zenkit products and services, or any third-party’s procedures and systems for tracking and reporting sales generated by your site will be uninterrupted or error-free, and Zenkit shall not be responsible for the consequences of any interruptions or errors, including, without limitation, loss of data. Zenkit shall have no liabilities or obligations under warranty or otherwise to any of your customers for damages arising out of or in connection with the delivery, use, or performance of Zenkit’s products or services.
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