This Affiliate Service Agreement (the "Agreement") is made by and between SamCart and you, as an Affiliate utilizing the SamCart service ("You", "Your", "Affiliate").
1. Eligibility and Acceptance of Terms
SamCart reserves the right to accept or reject any application for membership in the SamCart affiliate program for any reason in its sole discretion.
Affiliates must be 18 years or older, or the age of majority, in the jurisdiction where the Affiliate resides.
2. Qualified Referrals and Commissions
Affiliates will receive commission for Qualified Referrals to SamCart. The percentage of commission may change at any time and without notice.
"Qualified Referrals" mean customers referred by the Affiliate to SamCart and who (1) purchase a monthly or yearly subscription to SamCart or another SamCart product; and (2) who do not request a refund of SamCart purchases, products, or subscriptions.
Affiliates who share the same personal/company details, including but not limited to, last name, email address, IP address, website details or commission payment details, as their referred customer will be deemed to have made a “self-referral”. Referral commission and any earnings associated with this type of “self-referral” will not be paid. SamCart in its sole discretion will determine the meaning of “self-referral” and classification of any referral as a “self-referral”.
Affiliates referrals made to current Samcart customers will be considered “current customer referrals.” Referral commission and any earnings associated with this type of “current customer referral” will not be paid. SamCart in its sole discretion will determine the meaning of “current customer referral” and classification of any referral as a “current customer referral.”
Commissions earned on referrals become “payable” after 30 days, which constitutes SamCart’s standard refund period.
If at any time, a referred customer files a credit card dispute, any earned affiliate commissions on those disputed charges shall become “frozen” in the referring Affiliate’s account until the dispute is settled. If the dispute is settled in SamCart’s favor, any associated earned commissions may again become payable to the referring Affiliate. If the dispute is settled in the customer’s favor, any associated earned commissions shall not be paid to the referring Affiliate. If commissions have already been paid out to the referring Affiliate, the amount of paid earned commissions on the disputed charges shall be debited to the Affiliate’s account.
SamCart will not make commission payments which are less than a certain amount, also referred to as a "Minimum Threshold". If you, the Affiliate, have total commissions which are less than the Minimum Threshold, they will be held to your account. When the total amount of commissions held to your account reaches the Minimum Threshold, those commissions will become payable. The amount of the Minimum Threshold may change from time to time.
You will not receive any interest on commissions held to your account.
Commission payments may be made via check or electronic payment. Affiliate is responsible for paying all applicable fees associated with accepting payments, including but not limited to, currency conversion fees, transaction fees, withdrawal fees, deposit fees, check cashing fees, etc.
SamCart, in its sole discretion, may disqualify an Affiliate from participation in the use of any or all portions of the Site if such Affiliate engages in any conduct that SamCart deems to be illegal, improper, unfair or otherwise adverse to the operation of the SamCart or detrimental to other users of the SamCart.
SamCart reserves the right to request documentation needed to verify Affiliate accounts. These requests may be made at the time of Affiliate application, or at any time while the Affiliate has an active Affiliate account. If requests for documentation are not made in a timely manner, SamCart also reserves the right to terminate, deactivate, or not approve Affiliate accounts.
You hereby agree to indemnify and hold harmless SamCart, and its merchants, employees, agents, and shareholders, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses.
SamCart reserves the right to change the terms and conditions or functionality of the SamCart Affiliate program at any time without notice. It is also agreed that after notification of Agreement changes, continued use of the SamCart Affiliate program constitutes acceptance of this Agreement. If you do not agree with changes to our Agreement, the Affiliate should cease promotion immediately and close their account.
Each Affiliate shall bear their own costs and expenses related to marketing and promoting the SamCart service and/or the SamCart Referral Program. SamCart shall not reimburse or credit Affiliates for any marketing expenses, except in its sole discretion. Reimbursement of any marketing expenses shall not create a duty or obligation to reimburse any future marketing expenses.
Affiliates may only engage in marketing as set forth in this agreement.
Affiliates may not engage in the following marketing activities, and by accepting this agreement, represents and warrants that their marketing practices do not violate any of these restrictions:
1. Affiliates shall not make any false, misleading, or disparaging statements with respect to the SamCart services.
2. Affiliates shall not create websites or advertisements that copy, imitate, or resemble the look and feel of the SamCart service.
3. Affiliates shall not engage in any marketing activity that may harm the reputation or credibility of SamCart, including using low-quality marketing materials, or advertising on any site that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal activities, or violates the intellectual property or rights of a third party.
4. Affiliates shall not send any email in violation of the federal CAN-SPAM statute 15 U.S.C. 1571, et seq.
5. Affiliates must include a physical mailing address and unsubscribe information for any marketing email sent promoting SamCart’s services.
6. Affiliates shall make clear that they, not SamCart, are the sender of all marketing communications related to promotion of SamCart’s services.
7. Affiliates shall not engage in any marketing or promotional activities that violate applicable laws, rules, or regulations.
8. Affiliates shall not market using facsimile, broadcast, telemarketing, text message marketing, or other offline marketing methods regarding SamCart or SamCart’s services without the express written consent of SamCart.
9. Affiliates shall not use malware or spyware to market or promote SamCart services.
4. Communications with SamCart
Affiliates shall, within a reasonable time, inform SamCart of:
- Any breach of customer data the Affiliate has collected in connection with its marketing or promotion of the SamCart services
- Any information known to the Affiliate that could reasonably lead to a claim, demand, or liability against SamCart by any party.
5. Changes to this Agreement.
SamCart reserves the right to cancel or modify this agreement, except with regard to the Arbitration and Class Action waiver provisions incorporated by reference, at any time. Shopify will notify Affiliates of any material change to these terms by email and/or notice on the SamCart website.
SamCart may terminate this Agreement at any time, with or without cause upon notice to Affiliate. Without limiting the foregoing, SamCart reserves the right to terminate Affiliate accounts that have not been accessed in up to 12 months. SamCart reserves the right to terminate an Affiliate and not pay the accrued balance where the Affiliate has been deemed to breach this Agreement.
Affiliates may voluntarily close or terminate their account with SamCart. By doing so you waive your right to be paid any unpaid commissions below the minimum threshold and you assign (way of future assignment) all of your rights and ownership of any commissions which we are holding to your account. You will not receive any commissions which are earned after the date of termination.
However, if SamCart is late paying your commissions, you cannot terminate this Agreement on the basis that the delay constitutes a breach of this Agreement.
Upon termination of this Agreement, Affiliates shall:
1. Return any SamCart property (including any marketing materials provided by SamCart and any confidential information) to SamCart, or destroy such information and certify its destruction in writing; and
2. Cease and desist from displaying or using any SamCart intellectual property.
Upon termination, all rights granted to Affiliate shall immediately terminate, as well as any rights to payment of Fees under this agreement, unless determined by SamCart in its sole discretion.