Affiliate Program Terms

By signing up to be an Affiliate in Sociallybuzz Affiliate Program you are agreeing to be bound by the following terms. Please ensure that you read Sociallybuzz Affiliate Program Terms carefully before signing up.

Affiliate Agreement

This Affiliate Agreement (“Agreement”) contains the complete terms and conditions between us, Sociallybuzz, Inc. (“Sociallybuzz”) and you, regarding your application to and participation in, the Sociallybuzz Affiliate Program (the “Affiliate Program”) as an affiliate of Sociallybuzz (an “Affiliate”), and the establishment of links from your website to our website, www.Sociallybuzz.com.

BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

What’s important.

You may not use Sociallybuzz Affiliate Program for any illegal or unauthorized purpose. While in the Sociallybuzz Affiliate Program, you must not violate any laws in your area/state/country.

Affiliates may not share their Commission, received through Sociallybuzz Affiliate Program, with End Users. Commission cannot be split in any way between you, your employees and any other Third Party, including End Users.

You cannot use and mention in any way:

You may not modify the trademarks, banners, the content or any of the images provided to you in any way, without our prior written consent.

Fraud

Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-through using robots, frames, iframes, scripts, or manually “refreshing” of pages, for the sole purpose of creating Commissions. Any attempted fraud or fraud or any harmful action will result in account cancelation and voided commissions.

You cannot spam. We will terminate Your Account on the first offense of spamming. Do not send emails to lists or groups that you do not have permission to send them to. We cannot stress this enough, we will terminate Your Account on the first offense.

You will not receive Commissions for self-referrals and for Affiliates, who violate our Sociallybuzz Affiliate Program Terms. You are also not allowed to refer the company you work for and receive Commissions for that.

Agreement between you and us.

Sociallybuzz Affiliate Program Terms is a legal agreement between Sociallybuzz., a Florida Incorporation, (“Sociallybuzz”, “we”, “us” or “our”) and you (“Affiliate”, “you”, “your” or “yours”). The purpose of this Agreement is to allow linking between Your website, your marketing activity, etc. and Sociallybuzz website and services. This Agreement is a legal document so the language is necessarily “legalese”, but we have tried to make it as readable as possible.

Definitions.

“Affiliate” means any person or legal entity, which completed the signup process on Sociallybuzz.com/Affiliates and became the participant of Sociallybuzz Affiliate Program.

“Sociallybuzz Affiliate Program” is a revenue-sharing program, which Sociallybuzz has developed and operates, where you, the Affiliate, use marketing methods to promote our services and drive traffic to Sociallybuzz according to the provisions of this Agreement.

“Commission” means the monetary compensation you receive for participating in Sociallybuzz Affiliate Program; the Commission consists of percent of your total sale amount.

“Commission Payment” refers to payments systems, through which you can receive your commission. You can currently receive your commission through PayPal. Minimum threshold for PayPal payments is $100. Payments are processed once a month: on the 15th day of each month. If the set day falls on a weekend or public holiday, we reserve a right to make the payment on the first weekday following that weekend or on the first workday, following that public holiday.

“Reference Link” means a link that leads to Sociallybuzz.com or Sociallybuzz email and contains your reference ID, name, business, etc. You will receive your reference ID only after becoming the participant of Sociallybuzz Affiliate Program.

“Cookie life period” means 60 days from the date of End User’s first arrival on Sociallybuzz.com through Affiliate’s Reference Link according to Sociallybuzz Affiliate Program Terms. You will receive Commission during the period of 60 days for as long as the End User maintains a client of Sociallybuzz or until terminated by either party in accordance with these Sociallybuzz Affiliate Program Terms.

“End User” means the authorized actual user of Sociallybuzz Service, who signs up as a client to Sociallybuzz, using Sociallybuzz services.

“Sociallybuzz Service” means services that Sociallybuzz provide for their clients. Services includes but not limited to Social Media Management, Consulting, Advertising, Lead Generation, etc.

“Net Revenue” means any fees that are actually paid to us by an End User for Sociallybuzz Service. Net Revenue shall: (i) be calculated net of any discounts, taxes payable (ii) be calculated including any subsequent refunds to End User.

“Third Party” means any individual or legal entity, other than the party to this Agreement.

“Your Account” means a specific account within the Sociallybuzz Service, where your personal information is stored and where you can track your affiliate activity, including payment information.

“Your website” or “Affiliate website” means the World Wide Web site that you state during the signup process, which is owned or operated by you.

Affiliate rights.

We grant you, subject to the limitations set forth below, a non-transferable, non-exclusive right to:

demonstrate and promote Sociallybuzz Services to your prospects and customers, and to provide End Users access to use the Sociallybuzz Service in accordance with this Agreement and the Sociallybuzz Terms and Conditions, provided that End Users agreed to the Sociallybuzz Terms and Conditions. At our discretion, we will provide limited support to all our Affiliates. You can reach us by sending an email to welcome@sociallybuzz.com. You may place banners or Reference Links within your newsletters, on Your website, or within other web related content.

Affiliate obligations.

You must provide your full legal name, a valid email address, a valid domain name of the website you own or operate and all other information requested in order to complete the signup process on Sociallybuzz.com. All information you provide in your profile must be truthful. You are solely responsible for all the information you provide in Your Account profile and on the website that you own or operate

As an Affiliate, you can only have 1 account. You can list multiple domains in one account, but only one account is allowed.

All Affiliates must submit w8/w9 forms to Sociallybuzz upon reaching the $100 threshold. Scanned or electronically filled out and signed copies of these forms must be emailed to welcome@sociallybuzz.com. If forms are not properly filed or submitted on time, payments will be delayed

You will be solely responsible for the development, operation, and maintenance of Your website and for all materials that appear on Your website. You should ensure that materials posted on Your website do not violate or infringe upon the rights of any Third Party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights). You will be solely responsible for the accuracy, truthfulness, and appropriateness of materials posted on Your website. We do not endorse or accept any responsibility for any links, that lead from Your website to any other website apart from Sociallybuzz.com and for any content that can be found by following these links to Third Party websites.

From time to time Sociallybuzz may change service prices, therefore these changes may affect both the commission you will earn and the truthfulness of the information you will provide. We cannot guarantee the availability of services at the prices that you list on Your website, if they are outdated.

Privacy policy

Sociallybuzz respects the privacy of its users and will not disclose personal information to Third Parties without the express permission from you. You can read our privacy policy here.

Commission payment

To be eligible to earn a Commission, the End User must purchase Sociallybuzz Services within the stated cookie life period of coming to Sociallybuzz.com through the Reference Link from Your website, email, or other communications OR through personal introduction of client to Sociallybuzz. If a sale occurs after cookie life period expires and the End User has not returned through the Reference Link and purchased the Sociallybuzz Service, then no Commission shall occur. If prospect knew about Sociallybuzz prior or apply to use Sociallybuzz service after the grace period of 6 months, then no Commission shall occur.

Your Commission is equal to 15% (Fifteen percent) of the total sale amount. Commission Payments are processed once a month: on the 15th day of each month: payments on the 15th day cover sales accrued between the first and last days of the previous month. Commission payments are made every time Your Account balance reaches a minimum threshold of $100 (One Hundred USD). Payments are made with the PayPal systems: We also draw your attention to the fact that the money credited to Your Account does not accrue interest. Commissions are only earned on paid accounts. If the End User cancels Sociallybuzz Affiliate Program, or asks for a refund, no Commissions will accrue. Commission structure is subject to change at our discretion.

Commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods will be voided. Fraudulent activities will also result in immediate account cancelation.

All statistics are collected and calculated by Sociallybuzz, and will be the only valid statistics used for determining Commissions.

Chargeback fee will be deducted from your earned commission.

Recurring commissions and cookie duration

We will pay you Commission for as long as the End User maintains a service agreement with Sociallybuzz, provided that you remain eligible to receive a Commission pursuant to Sociallybuzz Affiliate Program Terms. If at any time the End User account is cancelled, suspended or refunded, you will become ineligible to receive Commission on any future fees collected from that End User.

Account termination

This Agreement starts with a verbally or written approval from the CEO of Sociallybuzz. The Agreement ends when terminated by either party in accordance with these Sociallybuzz Affiliate Program Terms. If you fail, or Sociallybuzz suspects that you have failed, to comply with any of the provisions of this Agreement, Sociallybuzz, at its sole discretion, without notice to you, may terminate this Agreement.

Termination of this Agreement will result in the deactivation or deletion of Your Account or your access to Your Account, and the forfeiture and relinquishment of all potential or to-be-paid Commissions in Your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Publicity

The Affiliate is not permitted to use any of the content of any websites owned and/or operated by Sociallybuzz without written consent and the Affiliate shall not frame any pages or parts of any pages of the Sociallybuzz.com or any other website nor will the Affiliate create the impression that the Affiliate website is Sociallybuzz.com or any part of Sociallybuzz.com. The Affiliate agrees not to make any representations and/or give any warranties and/or guarantees relating to Sociallybuzz Services and/or their efficacy other than those given by Sociallybuzz and/or as otherwise approved by us in writing.

Affiliate indemnification obligations

You shall defend, indemnify and hold Sociallybuzz harmless against all claims, suits, demands, damages, liabilities, losses, penalties, interest, settlements and judgments, costs and expenses (including attorneys’ fees) incurred, claimed or sustained by Third Parties, directly or indirectly as a result of

Should any Claim give rise to a duty of indemnification under this Section, Sociallybuzz shall promptly notify you, and Sociallybuzz shall be entitled, at its own expense, and upon reasonable notice to you, to participate in the defense of such Claim. Participation in the defense shall not waive or reduce any of your obligations to indemnify or hold Sociallybuzz harmless. Affiliate shall not settle any Claim without Sociallybuzz prior written consent. You also shall indemnify for any reasonable attorneys’ fees or other costs incurred by an indemnified party in investigating or enforcing this Section. In the context of this Section only, the term “Sociallybuzz” shall include officers, directors, employees, corporate affiliates, subsidiaries, agents, and subcontractors.

Authority

Each party represents and warrants to the other party as to itself that the person executing this Agreement is authorized to do so on such party’s behalf. If you are an individual, you represent and warrant that you were at least 18 years of age on the effective date of this agreement.

Non-infringement warranties

You represent and warrant that:

you have all appropriate authority to operate, and to post any and all content on, Your website(s); you have all appropriate rights to promote with any promotional method you may choose to use;

Your website(s) and your promotional methods do not and will not infringe a Third Party’s or Sociallybuzz’s proprietary rights; and you shall remain solely responsible for any and all websites owned and/or operated by you and all of your promotional methods. Sociallybuzz may or may not review all content on Your website or used by you in your promotional methods.

Disclaimer of warranties

To the fullest extent permissible pursuant to applicable law, Sociallybuzz disclaims all warranties implied, including, but not limited to: Merchantability, fitness for a particular purpose or non-infringement of third party rights, That there are no viruses or other components. That Sociallybuzz security methods will be sufficient

Regarding correctness, accuracy, or reliability, or Against interference with enjoyment of affiliate the publisher’s information or website. All information and computer programs provided to you 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. Sociallybuzz is, under no circumstances, responsible for the practices, acts or omissions of any affiliate, or affiliate website(s), and/or the content of affiliate website or that the affiliate makes available through the network service.

Limitation of liabilities

Any obligation or liability of Sociallybuzz under this agreement shall be limited to the total of your commissions paid to you by us under this agreement during the year preceding the claim. no action, suit or proceeding shall be brought against the other party to this agreement more than one year after the termination of this agreement. you agree that Sociallybuzz shall not be liable to you, or any third party (including but not limited to a claim by another affiliate or any third party of the network service), for any consequential, exemplary, special, incidental, or punitive damages, including, but not limited to, loss of goodwill, lost profits, business interruption, loss of programs or other data, even if advised of the possibility of such damages or claim.

The Affiliate accepts that the operation of the Sociallybuzz Affiliate Program, Reference Links or the Sociallybuzz.com may not be completely free of interruption, errors or omissions and Sociallybuzz is not liable for the consequences of any interruptions or errors in the performance or content of Sociallybuzz.com or Reference Links.

Remedies

No remedy or election shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.

Miscellaneous

Headings and References. Headings of Sections are for the convenience of reference only. Words indicated in quotes and capitalized signify an abbreviation or defined term for indicated words or terms, including those definitions contained in the opening paragraph.

Relationships. You and Sociallybuzz are independent contractors, and nothing in these Sociallybuzz Affiliate Program Terms will create any partnership, joint venture, agency, franchise, sales representatives, or employment relationship between you and us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your website or otherwise, that reasonably contradict anything in these Sociallybuzz Affiliate Program Terms.

Choice of Law/Attorneys’ Fees. This Agreement is governed by the laws of the State of Florida, except for its conflict of law provisions. The exclusive forum for any actions related to this Agreement shall be in the state courts, and, to the extent that federal courts have exclusive jurisdiction, in Fort Lauderdale, Florida, USA. The parties consent to such venue and jurisdiction and waive any right to a trial by jury.

Place of control. Headings of Sections are for the convenience of reference only. Words indicated in quotes and capitalized signify an abbreviation or defined term for indicated words or terms, including those definitions contained in the opening paragraph.

Headings and References. Sociallybuzz controls and operates its website from its offices in the Florida and access or use where it is illegal is prohibited.

Third Party Disputes. In the event of a Third Party claim against either: (i) Sociallybuzz intellectual property; or (ii) against Sociallybuzz right to offer any service or good on Sociallybuzz.com, or if, in Sociallybuzz opinion, such a claim is likely, Sociallybuzz shall have the right, at its sole option and in its sole discretion, to (a) secure the right at Sociallybuzz expense to continue using the intellectual property or good or service; or (b) at Sociallybuzz expense replace or modify the same to make it non-infringing or without misappropriation.

Tax Status and Obligations. Sociallybuzz is not obligated to and shall not provide you with tax and/or legal advice. Sociallybuzz undertakes no duty to investigate or research your tax status and/or obligations, and such research and investigation is solely your responsibility. You are obligated to independently assess and comply with all relevant tax and legal requirements, and you are responsible for your own sales tax collection and reporting obligations arising from Commission income. If Sociallybuzz provides you with information, that information shall not be deemed tax or legal advice, and Sociallybuzz shall not be responsible for the accuracy of such information.

Severability. If any provision of these Sociallybuzz Affiliate Program Terms is held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining provisions of Sociallybuzz Affiliate Program Terms shall remain in full force and effect. You and us shall in good faith attempt to modify any invalidated provisions to carry out the stated intentions in Sociallybuzz Affiliate Program Terms.

Waiver. The waiver of any breach of any provision under this Agreement by you or by us shall not be deemed to be a waiver of any preceding or subsequent breach, nor shall any waiver constitute a continuing waiver.

Marketing. You agree that Sociallybuzz may identify you as a Sociallybuzz Affiliate and may use your name and/or logo solely for such purpose in its marketing materials. Any other uses of your name and/or logo not otherwise described or contemplated herein shall require your prior written consent.

Assignment and Acknowledgement. You confirm that you have read, acknowledge and agree to all the terms and conditions of Sociallybuzz Affiliate Program Terms. You acknowledge that you have independently evaluated the desirability of accepting Sociallybuzz Affiliate Program Terms and are not relying on any representation, guarantee, or statement other than as set forth in Sociallybuzz Affiliate Program Terms. Neither party may assign this Agreement without the prior express written permission of the other party.

Notices. All notices, requests, claims, demands and other communications regarding these Sociallybuzz Affiliate Program Terms are welcomed and should be addressed to: welcome@sociallybuzz.com.

Give Back

We strongly believe in giving our time, talents and treasures to help the human race live, learn and love better. We’re not doing this to look cool, we’re doing this because it’s the right thing to do. It’s for the greater good.

– Andre Kay- CEO & Founder of Sociallybuzz

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