This comprehensive Affiliate Program Operating Agreement (“Agreement”) establishes the legal framework between Appstinum (“Appstinum” or “we”) and prospective affiliates (“you” or “Affiliate”). By submitting an application expressing your intent to participate in the Appstinum affiliate program, you signal your acknowledgment and agreement to comply with the terms and conditions outlined herein.
1. Enrollment in the Affiliate Program
Initiating your journey as an affiliate requires the submission of a detailed application through our official website. Accuracy and authenticity are paramount in the application process, and any use of aliases or attempts to conceal your identity are strictly prohibited. Our commitment is to review your application promptly, with notifications of acceptance or rejection generally communicated within two (2) business days. The decision to accept or reject an application rests with Appstinum, and we retain the right to exercise this discretion.
2. Obligations of the Parties
Upon successful enrollment in the affiliate program and continued adherence to this Agreement, Appstinum undertakes the following commitments:
2.1. Provision of Links: Appstinum will furnish you with a variety of graphic and textual links collectively referred to as “Links” through the Affiliate Program. These Links can be strategically placed on websites under your control, incorporated into emails identified as originating from you, and utilized in online advertisements. The primary purpose of these Links is to signify your affiliation with our program and create a seamless connection between your media and the designated Program Web Site.
2.2. Commission Payment: Recognizing your contribution to our program, Appstinum pledges to compensate you for each Qualified Action. A “Qualified Action” is defined as an individual who fulfills specific criteria, ensuring the action is genuine and aligns with the objectives of the Affiliate Program. Commissions are payable monthly, subject to a minimum account balance. Unpaid balances below the threshold will roll over to subsequent months until the minimum is reached. Appstinum retains the right to rectify any discrepancies or charge back Commissions for actions that later fail to meet the defined requirements.
2.3. Payment Terms: Payment for Commissions is contingent upon Clients providing funds to Appstinum. Appstinum’s obligation to you is limited to the extent it receives funds from the Clients. Invoicing and payment processes are managed by Appstinum, and the determination of Qualified Actions and Commissions rests with Appstinum’s sole discretion.
2.4. Outstanding Balances: Should you have an outstanding balance owed to Appstinum under this Agreement or any other agreement, Appstinum reserves the right to offset such amounts from future payments due to you.
3. Confidentiality
Emphasizing the importance of privacy and confidentiality, all information, including but not limited to the terms of this Agreement, business and financial data, customer and vendor lists, and pricing and sales information provided by or on behalf of Appstinum, shall remain strictly confidential. This commitment extends beyond the duration of your participation in the Affiliate Program, emphasizing the proprietary nature of the shared information.
4. Limited License & Intellectual Property
Understanding the significance of intellectual property, Appstinum grants you a nonexclusive, nontransferable, and revocable right to utilize the Links exclusively for the purpose of identifying your media as a participant in the Affiliate Program. It is expressly prohibited to alter, modify, or create derivative works of the Links, Appstinum graphics, or any materials owned by or licensed to Appstinum.
5. Termination
The Agreement becomes effective upon the approval of your Affiliate Program application and remains in force until terminated. Termination is possible at any time by either party, with you removing all Links promptly upon cessation. Appstinum reserves the right to terminate your participation, in whole or in part, with or without prior notice, by disabling the Links or providing written notice. Upon termination, you must cease all use of Links and any associated intellectual property.
6. Remedies
Appstinum retains the right to delete actions, withhold Commissions, or charge back paid Commissions in response to a breach of this Agreement. Such actions will be taken irrespective of whether the Commissions were earned as a result of the breach. In cases of material breach, Appstinum may disclose your identity to appropriate law enforcement or regulatory authorities.
7. Anti-Spam Policy
Affiliates are obligated to adhere strictly to the federal CAN-SPAM Act of 2003 (“the Act”). Any emails sent in connection with the Affiliate Program must include the appropriate opt-out link. Periodically, Appstinum may request approval of email content before transmission, emphasizing your responsibility to ensure compliance.
8. Fraud
Engaging in fraudulent activities is explicitly prohibited. Such activities encompass using automated means to increase clicks through the Links, click-fraud, cookie-stuffing, and other deceptive acts. Appstinum reserves the right to determine fraudulent activity at its sole discretion.
9. Representations and Warranties
Affiliate warrants that entering into this Agreement is a legally binding obligation, enforceable according to its terms. Appstinum, in turn, represents that it will not knowingly violate any applicable laws, rules, or regulations.
10. Modifications
The Agreement acknowledges Appstinum’s right to modify its terms and conditions, with notice provided to affiliates. Continued participation after the notice period signifies acceptance of the changes. Appstinum may also make adjustments to specific aspects of Offers or Links, with Affiliates agreeing to promptly implement requested modifications.
11. Independent Investigation
Affiliates affirm having read, comprehended, and independently evaluated the desirability of participating in the Affiliate Program. Any decision to join is made without reliance on representations other than those articulated in this Agreement.
12. Mutual Indemnification
Affiliates agree to indemnify Appstinum against any claims arising from a breach of this Agreement. Simultaneously, Appstinum commits to indemnify Affiliates against claims asserting Appstinum’s lack of authorization to provide Links.
13. Disclaimers
Acknowledging the inherent nature of the Affiliate Program, Links, and associated services, Appstinum provides them “as is.” All warranties, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed. Appstinum does not guarantee specific Commission amounts, emphasizing the dynamic nature of affiliate marketing.
14. Limitation of Liability
Appstinum disclaims liability for events beyond its reasonable control, including unavailability or inoperability of Links, Program Web Sites, technical malfunctions, computer errors, and other disruptions. In no event will Appstinum be liable for indirect, incidental, consequential, personal injury, wrongful death, special, or exemplary damages. Appstinum’s cumulative liability to Affiliate will be limited to and not exceed the amounts paid to Affiliate in Commissions during the six (6) months preceding a claim.
15. Governing Law & Miscellaneous
Affiliate is responsible for attorneys’ fees incurred by Appstinum. This Agreement constitutes the entire agreement between the parties, and any modifications require written consent. If any provision is deemed invalid, the remaining provisions will remain in effect. This Agreement is binding on legal representatives and successors.
By submitting an application to the Affiliate Program, you acknowledge having read and agreed to the terms of this Agreement. If accessing on behalf of a business entity, you represent having the legal capacity and authority to bind the entity to this Agreement. Last revised on 01-11-2023.