In this Agreement, the terms and definitions specified below shall be construed as follows:
1.1.1. Affiliate Network – the Plussy branded internet web-sites, i.e. https:plussy.io which is operated by the Operator and intended for the public access to information about the Affiliate Program that Plussy set up for Partners and its terms and conditions;
1.1.2. Affiliate Partners (Partners) - companies or individuals which accepted the terms of use of Affiliate Network by filling out a registration form for Partners on https://plussy.io/terms and willingly provide advertising services for Advertisers;
1.1.3. Advertisers – persons, companies or advertising services, who participate in Affiliate Program in accordance with the terms of Affiliated network, in order to increase the sales by increasing the number of Leads generated as result of an Advertising. For this purpose, they publish Offers for Affiliated Partners for Advertising of their services, products, goods through various advertising means on the Internet resources;
1.1.4. Offer – the brief description of Advertising that an Advertiser is looking for publishing for user’s attraction to its goods or services includes but not limited with the advertising object(s), channel of distribution of advertising materials, types of posting, payment model, period of publishing, territorial focus and other details which can be significant for Partners to perform advertising services. If a Partner accepts the Offer it means that it agrees with the Offer and is ready to start publishing link to the Advertising on its Advertising space;
1.1.5. Advertising – information distributed via Internet, which contains any Advertising Materials, is addressed to indefinite persons and intended to draw attention to the Advertising Object, formation and maintenance of interest thereto, as well as its promotion in the market;
1.1.6. Advertising Object – product, service, group in a social-media, means of individualisation of manufacturer, seller and other persons/objects, whose attention is intended to be drawn by such Advertising;
1.1.7. Advertising Materials – Advertising electronic media published by the Partner in the Advertising Space, including, but not limited to: banner – any static or dynamic image of a certain size, format and creation technology (including graphic banner, text banner, interactive banner, banner containing animated and/or video elements, etc.); text block – any formatted text (including news, article, announcement, review, description of the contest or any other information message and/or advertising message); text and graphic block – any information block (including news, article, announcement, review, description of the contest or any other information message and/or advertising message) consisting of the formatted text and graphic image; branding – aggregate of all banners published on all or certain pages of a web-site, which change the styling of such web-pages for a certain period, in accordance with the stylistics of the Advertising Object; video clip – audiovisual work created in any form as a result of creative design and consists of fixed serial interconnected images (accompanied by soundtrack or not) designed to visual and aural (in case of accompanying by soundtrack) perception by the relevant means; streaming video – Advertising video materials translated in a real time mode via the Internet. Advertising Materials may contain a hyperlink to the Landing Page;
1.1.8. Landing Page – Advertiser’s web-site page accessed by Internet users as a result of clicking on the Advertising Material published by the Affiliate in the Advertising Space;
1.1.9. Web-Site – aggregate of means and information intended for publication on the Internet and displayed in certain text, graphic or soundforms. A web-site has a unique address (domain name) making it possible to identify and access it;
1.1.10. Partner’s account a part of https://aff.plussy.io/ available only for registered Partners, allowing the Partner to look through and accept the Offers and get the information about the balance of the Commissions earned for the Period;
1.1.11. Partners – members of a Partner service that provide advertising services for Advertisers on their announced sites. The list of Advertising Space is indicated by the Parties in the relevant Order for the provision of services;
1.1.12. Advertising Space (Media) – web-site(s) (including without limitation page(s)/section(s)/canal of the website(s) or the aggregate of web-sites governed by the same rules of posting Advertisements that either belong to the Partners or the Partner has the right to use them for the purpose of providing services in accordance with this Agreement;
1.1.13. User – an individual who access Advertising Materials via Advertising Space for performing a particular action;
1.1.14. Link - graphic or/and textual object which leads to the Advertising and/or other creative materials (collectively, the "Links") which identify you as a member of our Affiliate Program and will establish a link from your Media to the Advertising Object;
1.1.15. Qualified action means an individual person who (i) accesses the Advertising materials via the Link, where the Link is the last link to the Advertising materials, (ii) is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person, (iii) is not using pre-populated fields (iv) completes all of the information required for such action within the time period allowed by Plussy and (v) is not later determined by Plussy to be fraudulent, incomplete, unqualified or a duplicate;
1.1.16. User’s Personal Data – data provided by the User as a result of the Target action;
1.1.17. Lead– successful result of a Qualified action, such as purchasing a product, ordering and / or purchasing services, registering, subscribing to a newsletter, sending e-mail and others;
1.1.18. Reporting Period – time period, during which the Services and payments are rendered and which is set by the Operator. By default, the reporting period is 1 calendar month of the year from the date of Advertising placement (If the first and / or last month of advertising - is incomplete the Reporting period is deemed as corresponding part of the first and / or last calendar month);
1.1.19. Advertising campaign – aggregate of actions of the Partner for advertising services, products, goods of the Operator through various advertising tools on the Internet resources;
1.1.20. Advertising campaign limit – limit (maximum) number of Target actions (Leads) that the Operator agrees to accept from the Partner;
1.1.21. Advertising campaign budget – limit (maximum) cost of an Advertising campaign for a specific advertised product of the Operator;
1.1.22. Targeting – targeted audience of users determined by the Operator, based on their age, geographical location, hobbies and other indicators, the Target actions of which are counted to the Partner in determining the services provided;
1.1.23. Click – one click by the Internet user on a hyperlink (contained in the Advertising Material published by the Partner in the Advertising Space) to the Landing Page;
1.1.24. Display – one demonstration to the Internet user of the Advertising Material published by the Partner in the Advertising Space;
1.1.25. Involved registration – Internet user’s actions required by the Operator in order for such a user to acquire the status of the Operators client (recipient of Operator’s goods and services) by means of Clicking on the Advertising Material published by the Partner in the Advertising Space. Criteria for Involved registration are specified in the relevant Offer.
You must submit an Affiliate Program application from our website. You must accurately complete the application, including your personal data and valid contact information, and provide us with future updates. After we review your application, we will notify you of your acceptance or rejection to the Affiliate Program, generally within two (2) business days. Upon this, you will get access to your Affiliate's personal account. We may accept or reject your application at our sole discretion for any reason. By accepting this agreement, the Partner confirms that they consider themselves to be a person involved in business in their country of residence, which implies their obligations to pay all domestic business taxes.
Subject to our acceptance of you as an Affiliate and your continued compliance with the terms and conditions of this Agreement, Operator agrees as follows:
a. We will make available to you to send and receive information which serve to act as a member of our Affiliate Program and allow you to identify your Media as a source of Leads for the Advertiser through your Affiliate’s personal account.
b. Commission is paid to the Affiliate for each Qualified Action.
c. Commissions is paid for reporting period, provided that the balance of your Affiliate’s Personal Account is currently greater than $100 or equivalent. Accounts with a balance of less than $100 will roll over to the next month, and will continue to roll over monthly until $100 is reached. We reserve the right to charge back to your account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action. In order to get paid, your account must have the current wallet number for payment.
d. Payment for Commissions depends on Client's approval of Qualified actions and providing Plussy with the funds it needs. You agree Plussy won't pay Commissions until the funds are received. You release Plussy from any claims. Plussy will generate an invoice for Commissions and pay it to Affiliate. Plussy will decide which Links are Qualified Actions and what Commissions are owed. If Affiliate disagrees with an invoice, it must tell Plussy in writing within 10 days. If Affiliate doesn't say anything, it agrees to not make any claims about the invoice. If Affiliate is tracking Qualified Actions and there's a difference, it must tell Plussy within 3 days of the end of the month. Plussy and Affiliate will work together to sort out the difference. If they can't agree, Plussy's numbers will be used.
f. If Affiliate has an outstanding balance due to Plussy under this Agreement or any other agreement between the Affiliate and Plussy, whether or not related to the Affiliate Program, Affiliate agrees that Plussy may offset any such amounts due to Plussy from amounts payable to Affiliate under this Agreement. Affiliate also agrees to:
g. Have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Advertising Space.
h. Ensure that all materials posted on your Advertising Space or otherwise used in connection with the Affiliate Program (i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights of any third party and (iii) do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities, contains profanity or otherwise contains materials that Plussy informs you that it considers objectionable (collectively, "Objectionable Content").
i. Not make any representations, warranties or other statements concerning Plussy or Advertiser or any of their respective products or services, except as expressly authorized. Make sure that your Media does not copy or resemble the look and feel of the Program Web Site or create the impression that your Media is endorsed by Plussy or Advertisers or a part of the Advertising materials, without prior written permission from us.
k. Comply with all (i) obligations, requirements and restrictions under this Agreement and (ii) laws, rules and regulations as they relate to your business, your Media or your use of the Links.
l. Comply with the terms, conditions, guidelines and policies of any third party services used by Affiliate in connection with the Affiliate Program, including but not limited to, email providers, social networking services and ad networks.
m. Always prominently post and make available to users, including prior to the collection of any personal data, a privacy policy in compliance with all applicable laws that clearly and thoroughly discloses all information collection, use and sharing practices, including providing for the collection of such personally identifiable information in connection with the Affiliate Program and the provision of such personal data to Plussy and Clients for use as intended by Plussy and Clients.
n. Always prominently post and make available to users any terms and conditions in connection with the Advertising set forth by Plussy or Advertisers in case required by applicable laws regarding such Advertising.
o. Make sure to not place Plussy Offers on any online auction platform (i.e. eBay, Amazon, etc).
The following additional program-specific terms shall apply to any promotional programs set forth below:
p. To run email campaigns, Affiliate must download the "Suppression List" from the Offers section of Plussy. Affiliate should remove any entries from its email list that are on the Suppression List. Plussy will provide an opt-out method in all Links. If any opt-out requests come to Affiliate, Affiliate must send them to Plussy at team@plussy.io. Affiliate's emails with Links should not have any content other than the Links, except when the law requires it. If Affiliate does not download the Suppression List and delete emails from the database before sending emails, Plussy can withhold Commission, suspend or remove Affiliate from the Program, take legal action, and use any other rights or remedies available. Affiliate also agrees not to mail or market to any suppression files generated through Plussy, or else Plussy can withhold Commission, suspend or remove Affiliate from the Program, take legal action, and use any other rights or remedies available.
q. Advertising Campaigns. No Links can appear to be associated with or be positioned on chat rooms or bulletin boards unless otherwise agreed by Plussy in writing. Any pop-ups/unders used for the Affiliate Program shall be clearly identified as Affiliate served in the title bar of the window and any client-side ad serving software used by Affiliate shall only have been installed on an user's computer if the function of the software is clearly disclosed to users prior to installation, the installation is pursuant to an affirmatively accepted and plain-english user license agreement and the software be easily removed according to generally accepted methods.
r. For all Affiliates that have their own networks, Affiliate agrees to put the Links to Operator's network on their network for Third Party Affiliates to use. Affiliate must not let any Third Party Affiliate change the Links in any way. Affiliate must keep their network up to the highest standards. No Third Party Affiliate can have a website or business model with Objectionable Content. All Third Party Affiliates must be in good standing with Affiliate. Affiliate must get written confirmation from Plussy that all Third Party Affiliates have accepted the Agreement before they can get access to the Links. Affiliate must end any Third Party Affiliate's access to the Affiliate Program right away if they do something that violates the Agreement. If either party has doubts about a Third Party Affiliate's actions with the Links, Affiliate must tell Plussy their identity and contact info. Affiliate must remove any Third Party Affiliate from the Program and end their access to future Offers from Plussy with written notice from Plussy. Unless Plussy has the truthful and complete contact information for the Third Party Affiliate and they have accepted this Agreement, Plussy can pay their Commissions directly to the Partner. After this is done, the Partner is still responsible for anything done by the Third Party Affiliate.
s. If you have funds on your affiliate program balance, you need to withdraw them as soon as they become available for withdrawal. All accounts with funds held for more than one year will be cancelled. If there are funds left on your balance that have been stored for more than one year, they can be cancelled when making a payout. Such measures are associated with inflation and can depreciate the funds.
If your balance changes throughout the year, there is no need to withdraw it; it will not be cancelled. Alternatively, you can withdraw funds in parts and accumulate them. Such a sanction applies to accounts for which there has been no movement of funds for more than one year.
You agree to keep all info about us or any of our affiliates secret. This includes info like the terms of this Agreement, business and financial info, customer and vendor lists, and pricing and sales info. You can only use this info to take part in the Affiliated Network. Don't use any info from the Affiliate Program to make a service that competes with the Program, or to help someone else do the same.
You may not alter, modify, manipulate, or create derivative works of any Plussy graphics, creative, copy, or other materials owned by, or licensed to, Plussy in any way. You are only entitled to use these to the extent that you are a member in good standing of the Affiliate Program. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of Plussy's trademarks, service marks, copyrights, patents, or trade secrets. You agree that Plussy may use any suggestion, comment, or recommendation you choose to provide to Plussy without compensation. All rights not expressly or granted in this Agreement are reserved by Plussy.
This Agreement shall commence on the date of our approval of your Affiliate Program application and shall continue thereafter until terminated as provided herein. You may terminate your participation in the Affiliate Program at any time by removing all Advertising Materials published according with the terms of this Agreement from your Media, deleting all copies of it. We may terminate your participation in one or more Offers or this Agreement at any time and for any reason which we deem appropriate with or without prior notice to you by disabling the Links to the Advertising materials or providing you with a written notice. Upon termination of your participation in one or more Offers or this Agreement for any reason, you will immediately cease all use of and delete all Links, plus all Plussy or Advertiser intellectual property, and will cease representing yourself as a Plussy or Advertiser's affiliate for such one or more Offers. All rights to validly accrued payments, causes of action, and any provisions which, by their terms, are intended to survive termination, shall survive any termination.
In addition to any other rights and remedies available to us under this Agreement, Plussy reserves the right to disregard any Qualified Actions submitted through your Links and withhold and freeze any unpaid Commissions or charge back paid Commissions to your account if:
(i) Plussy determines that you have violated this Agreement;
(ii) Plussy receives any complaints about your participation in the Affiliate Program which Plussy reasonably believes to violate this Agreement; or
(iii) any Qualified Action is later determined to have not met the requirements set forth in this Agreement or on the Affiliate Program.
Such withholding or freezing of Commissions, or charge backs for paid Commissions, shall be without regard as to whether or not such Commissions were earned as a result of such breach.
In the event of a material breach of this Agreement, Plussy reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions.
You must strictly comply with any applicable anti-spam acts and regulations. All emails sent in connection with the Affiliate Program must include the appropriate party's opt-out link. From time to time, we may request that, prior to your sending emails containing links or references to the Affiliate Program, you submit the final version of your email to Plussy for approval by sending it to your Plussy representative. Upon receiving written approval from Plussy of your email, the email may be transmitted to third parties. It is solely your obligation to ensure that your actions comply with the legislation.
You are not allowed to use any people, tools, or methods to cheat, break any laws, bother other affiliates, or lie about information connected to placing Advertising or creating Commissions. This includes, but is not limited to, using automated means to increase clicks, views, and/or registrations or to fill out any required information, using spyware, steal-ware, cookie-stuffing, and other dishonest activities or click-fraud. Plussy will decide if any activity is fraudulent using its own judgement.
You promise that this Agreement is legal and binding and you have the power to agree to it. Plussy also promises not to break any laws related to their business or products.
We may change any part of this Agreement at any time, without telling you. The changes will be effective 5 business days after being posted. It's your responsibility to check if you have the latest version. If the changes aren't okay for you, you can end the Agreement without penalty. If you stay part of the Affiliate Program 5 days after the new Agreement was posted, that means you agree to the change. Plussy can also change, suspend or stop any part of an Offer or Link, or alter or remove any tags, text, graphics or ads connected with a Link. Affiliate must follow Plussy's requests to remove, change, or modify any Link, graphics, or ads they are using for the Affiliate Program.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Affiliate Program and each Offer and are not relying on any representation, guarantee or statement other than as set forth in this Agreement or on the Affiliate Program.
Affiliate must defend and protect Plussy and Advertisers and their related companies, partners, and licensors, directors, staff, owners, and agents from any and all legal claims, actions, requests, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) due to (i) any violation or breach of this Agreement, including any promise, guarantee, restriction, or requirement made by Affiliate here, (ii) any misuse by Affiliate or someone under Affiliate's reasonable control by accessing the Links, Offers, or Plussy or Advertisers' intellectual property, or (iii) any claim related to your Media, including but not limited to, the content on the Media (except for the Links). Plussy must defend and protect Affiliate and its related companies, partners, and their respective directors, staff, owners, and agents from any and all legal claims, actions, requests, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) due to a claim that Plussy is not authorized to provide Affiliate with the Links.
Plussy provides the Affiliate Program and links and the products and services connected to them "as is". Plussy does not give any guarantees or warranties, including but not limited to merchantability, fitness for a purpose, or not infringing on things. Plussy is not responsible for any Client's actions or their products and services. Plussy also does not promise that Affiliate will make any particular amount of commissions.
Plussy will not be responsible for any problems with links, websites, technical issues, computer errors, data loss or any other harm. Plussy will not be responsible for any indirect, accidental, special or exemplary damages, including lost profits or lost business opportunities. Plussy's total liability to an affiliate for all claims and causes of action will not be more than the amount paid to the affiliate by Plussy in commissions in the 3 months before the claim.
This Agreement was last revised on 11-07-2021