This Portals Network Affiliate Program Agreement (the “Agreement”) contains terms and conditions that govern your participation in Portals Network Affiliate Program (the “Program”). By filling out the signup form or by continuing to participate in the Program you acknowledge that you agree to be bound by this Agreement, represent and warrant that you are lawfully able to enter into contracts (or you are authorized and lawfully able to bind the company or other legal entity which you represent to this Agreement) and that you are and will remain in compliance with this Agreement. ”We”, “us”, or “our” means Portals Network. “You” or “your” means the applicant. All dollar amounts referenced in this Agreement are stated in U.S. dollars.
1. Program Overview
The purpose of the Program is to permit you to advertise Portals Network services on your Site, in Email or any other form of electronic marketing, and to receive a commission on services purchased by your referred individuals.
2. Enrolment in the Program and Affiliate Obligations
To begin the enrollment process you must complete an affiliate application via our site. All information associated with your affiliate account must be real and verifiable. You are allowed to use only one affiliate account unless approved by Portals Network to use more than one account. The fact that we approve applications does not imply that we may not re-evaluate your application at a later time. We may reject or cancel your application, in our sole discretion, if we decide your site or/and your participation in our program is unsuitable. These may include but are not limited to any media that will:
- Promote our services in a manner that contains any form of misleading, defamatory, illegal activities or any other content deemed offensive by us.
- Cause damage to the Portals Network brand name.
- Promote our services in a manner that encourages a user to sign up for the purpose of engaging in any illegal activity.
- Include non-working websites, blogs without content, or parked domains.
- Incorporate any materials which infringe any copyright, trademark or other intellectual property rights.
Unsuitable participation in the program includes:
– Spam. Spam is the use of electronic messaging systems to send any unsolicited bulk messages whether commercial or non-commercial in nature. The term ‘spam’ is applied to similar abuses in other media: junk faxes, mobile phone messaging spam, instant messaging spam, search engine spam, internet forum spam, social networks spam, spam in blogs, wiki spam, etc. If you run a newsletter, e-zine, or any kind of bulk messaging service or software, you must have evidence that people signed up to receive messages from you.
– Pop-up or pop-under advertising. Without specific approval, you may not send traffic to Portals Network’s website by serving pop-up or pop-under impressions. In general, visitors must arrive to Portals Network’s website via a manual click action undertaken directly by a user.
– Improper Advertising Methods. You may not bid for competing keywords that include any variations of Portals Network or misspellings in PPC programs such as Google Adwords, without specific approval. You may not use your affiliate links in any PPC programs such as Google Adwords. You may not write the text Portals Network, variations, or misspellings into any ad text which is used to promote your website in a PPC program such as Google Adwords. Without specific approval, you may not use forwarding or masking of your domain name when directing your visitors to our site. Portals Network reserves the right to view and/or reject any and all advertising creative, display creative, text, images, or other affiliate assets that result in user traffic being directed to our site.
– Affiliate Account Ownership Transfer. You may not transfer ownership or sell your affiliate account to another party without the prior agreement with us. We reserve the right, at any time, to review your placement and approve the use of your links, graphical banners, widgets, or other affiliate linking tools, and require that you change the placement or use to comply with the guidelines provided to you. You are solely responsible for your site, including its design, development, operation, and maintenance and all materials that appear on or within it. Any violations of the terms surrounding participation in the program shall constitute a material breach of this Agreement, and may result in your termination from the program and withholding any unpaid commissions.
3. Advertising Process & Methods
As an affiliate, you earn compensation by spreading the discount coupon codes which are assigned solely to you. You are solely responsible for the placement, and other type of advertisement of coupon codes on your site or use in promoting our services. Any coupon code placed must be done in such a way that it is not misleading to any visitor and done with the intention of delivering valid sales to our products.
4. Commission Attribution
We will strive to prevent interruptions to the Site and the Service. However, these are provided on an “as is” and “as available” basis, and we do not warrant, either expressly or by implication, the accuracy of any materials or information provided through the Site or Service, or their suitability for any particular purpose. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose, or non-infringement. We do not make any warranty that the Service will meet your requirements, or that it will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. You acknowledge that you access the Site and the Service at your own discretion and risk.
5. Commissions Schedule
For a sale to be eligible to earn a commission, the customer must apply your discount coupon code at our site, complete a purchase on our site and not request the refund in upcoming 30-days refundable period.
The commission’s schedule is as follows: for users who convert to paid signups as a result of applying your discount coupon code:
- Purchase of a 1 month Portals Network package: $14 commission and 30% on upcoming renewals.
- Purchase of 6 month Portals Network package: $22 commission and 30% on upcoming renewals.
- Purchase of a 12 month Portals Network package: $45 commission and 30% on upcoming renewals.
The commission structure is flexible and may be set at a higher rate for certain affiliates depending on sales volume. We reserve the right to disqualify commissions earned in violation of this Agreement.
6. Commission Fees Payment
Commission Fees will be paid within 15 business days after the close of each calendar month, for the commissions earned during the preceding calendar month. If you earn less than $100 during a calendar month, the commission fee will be rolled forward to the next calendar month, until the balance owed is greater than $100. You must have a PayPal account in order to be paid, unless you are approved by Portals Network for an alternative means of payment. We support direct wire transfer payments for commissions exceeding $1,000 per month.
If you have not earned any referral fees (as set in Referral Fees Schedule) within 12 months period prior to any given month, then we may close your account, terminate this Agreement and withhold any unpaid commissions. We reserve the right to suspend or withhold commission payments to affiliates who are in violation of the terms of this Agreement, but with whom we have opted to not terminate, and instead provide a reasonable period of time to repair the violation.
7. Term of Agreement
The term of this Agreement will begin upon our approval of your Program application and will end when terminated by either you or us. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement, you will immediately cease use of, and remove from your site, all links to our site, discount coupon codes and any other promotional materials that we provided to you as to an affiliate. “Cause” means any of the following: you are in material breach of this Agreement; we believe that we may face potential claims or liability in connection with your participation in the program; we believe that our brand or reputation may be tarnished by you or in connection with your participation in the program. Any violation of Section 2, 3, or 4 will be deemed a material breach of this Agreement. You are eligible to earn referral fees only for orders that occur during the term of this Agreement.
This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted at https://www.Portals Network.com/affiliates/terms , and you should review this Agreement prior to participation in the Portals Network Affiliate Program. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the program following our submission of a modification will constitute binding acceptance of the change.
9. Limitation of Liability
We have no liability whatsoever for your use of any information or other content available from or through our site, our affiliate linking system, or our site itself. In particular, but not as a limitation thereof, we are not liable for any compensatory, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort, product liability or otherwise; nor for any third party claims of any nature, even if advised of the possibility of such damages or claims.
Services, information and other content available from or through the site are provided ‘as-is’, ‘as available’, and all warranties, express or implied, are disclaimed. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties express or implied, including, but not limited to, that any service or information available from or through our site, or our service itself will be merchantable or fit for a particular purpose, that any service or information available from or through our site, affiliate linking system, or our site itself will be uninterrupted or error-free, that defects will be corrected, regarding correctness, accuracy, or reliability, or against interference with your enjoyment of the service or information, or against infringement. All ‘information’ and services provided in the course of this Agreement are provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you as the user. The negations of damages set forth above are fundamental elements of the basis of the bargain between us and you. The information and other content available from or through our site, and our site itself, would not be provided without such limitations.
11. Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of United States, Delaware.
All disputes arising out of or relating to this Agreement or the use of the Site or Services shall be finally settled by one arbitrator (“Arbitrator”). The arbitration shall be conducted in Delaware, United States, unless all parties agree otherwise by a signed written agreement.
The Arbitrator must be qualified and have a background in the area of computer networks, including but not limited to the internet.
The Arbitrator shall have the authority to permit an expedited exchange of documents, but any discovery shall be limited to document requests and interrogatories. The Arbitrator shall have no power or authority to add to or detract from this Agreement, and the costs of the arbitration shall be borne equally, except as described below.
The arbitration shall be conducted on an expedited schedule. The arbitration must be concluded, and an award issued, no later than one hundred and twenty (120) days following the filing of the demand for arbitration, unless all parties to the arbitration proceeding agree in writing to an extension of time or continuance.
Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Site or Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred.
In the event that Portals Network is the respondent in any such arbitration, damages awarded against Portals Network may not exceed the amount you have paid Portals Network for use of the Service.
The Arbitrator shall have the authority to grant any temporary, preliminary, or injunctive relief in a form substantially similar to that which would otherwise be granted by a court of law. The Arbitrator shall have no authority to award punitive damages. The resulting arbitration award may be enforced, or injunctive relief may be sought, in any court of competent jurisdiction in Delaware, United States. Reasonable costs (including all costs of arbitration) and attorney’s fees shall be awarded against the party that commenced the arbitration, in the event that party does not prevail in the arbitration.
The parties subject to this arbitration provision include Portals Network, its officers, directors, and employees, and any company or legal entity which is a parent, subsidiary, or sister company to Portals Network, or with which Portals Network has contracted to provide services to Subscribers through Portals Network.
13. Final Provisions
If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.