ShopMaster Affiliate Program Terms and Conditions

1. Participation in the Affiliate Program

Enrollment in the Program requires application through the Email on affiliate@shopmaster.com. We review all affiliate applications before we decide if an application will be accepted. Your application may be rejected if we determine that you are not suitable for the Program for any reason.

2. Your Responsibilities

As a ShopMaster Affiliate you agree that:

- You are responsible for providing us with full and accurate account information and for keeping that information up to date.

- You should act in good faith to refer customers in good standing. Customers in good standing are ShopMaster account owners who have connected at least one active store, are not flagged for high fraud risk, and actively use their accounts. Active account usage is determined at our sole discretion and may be based on any of the following: number and frequency of logins into the account; frequency of new content upload on the account; any other way that unambiguously demonstrates the user actively operates with the account; etc.

- You should not take actions or make recommendations to your referrals that result in a potential revenue loss for ShopMaster.

- You should not engage in any black-hat SEO/spam link building techniques in order to generate more referrals for ShopMaster.

- You agree not to violate any applicable law.

If we detect a pattern in your affiliate practices that in our reasonable opinion violates any aspect of the T&C, we reserve the right to suspend or terminate your affiliate account and cancel all outstanding commission payments due.

3. Affiliate Tracking Cookies

We track affiliate referrals automatically using cookies. The cookies are placed in the browser of the user that clicks on the affiliate link to reach our website. Each cookie is stored for 7 days. If there is a previous affiliate cookie in the same user’s browser the new cookies will overwrite it. ShopMaster is not responsible for cookies intentionally deleted by users.

4. Affiliate Commissions

We shall pay you a per-sale commission for any valid sale you refer to ShopMaster. For a valid sale ALL of the following are true:

- Your affiliate account must be active at the time of the sale. No commission is due for sales that were made before you registered for our Affiliate Program.

- The customer you refer has not used our services before and has not signed up for an affiliate account with us before.

- The customer completed their order processes without any assistance from you, including when you act on behalf of the customer.

- The sale is for any of our plans at any billing cycle made in the first 24 months of the account.

- The referred customer has maintained his account active, with an active store and with user-uploaded content within 30 days.

- Sales of the account that are cancelled by the customer or suspended by ShopMaster for any reason do not qualify for an affiliate commission.

- The initial order payment and any related service renewal payments of the referred customer are fully processed and are not subject to refund or chargeback.

We reserve the right to mark any sale as invalid at our own discretion, without providing any explanation or justification.

5. Commission Payments

ShopMaster shall pay all affiliate commissions based on the structure and in the currency USD. Any commissions earned for valid sales will be paid out after a holding period of 30 days.

We process commission payouts once per month, the payout will occur ten business days after the last day of the month. If the commission balance is below $25, then it will be held until the next payout period. Affiliate commissions are paid out via PayPal and you are responsible for any transaction fees.

We may suspend your commission payouts at any time and for any period, if we suspect fraudulent or other improper activity or a potential violation of this Agreement by you or any customer you refer.

We reserve the right to deduct from your current and future commissions any and all commissions paid out for sales that are fraudulent, questionable, or canceled. Where no current and future commissions are due, we will send you a bill for the balance of such refunded purchase upon termination of the program or termination of the referred customer account.

6. Relationship of the Parties

Both ShopMaster and the Affiliate agree that they enter into this Agreements as independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between them. The Affiliate has no authority to make or accept any offers or representations on behalf of ShopMaster. The Affiliate cannot make any statement, whether on the Affiliate website or otherwise, that reasonably would contradict anything in this section.

7. Account Termination

ShopMaster can terminate an affiliate account:

- With a seven-day prior notice without explanation.

- Immediately with no prior notice, if you or your affiliate account violate the Affiliate Program Terms and Conditions.

- Immediately with no prior notice, if you have not generated any sales for a period longer than 6 months.

Once an affiliate account is terminated, we will no longer track the sales associated with the affiliate and you will not qualify for future affiliate commissions. Any commissions due at the time of termination will be paid to the Affiliate after any holding period and in accordance with a regular payout cycle. No outstanding commission payments will be due if we terminate your account because of violation of this T&C.

Upon termination of the Affiliate account, the Affiliate is obliged within 3 business days to remove all promotional materials, trademarks, links, logos and slogans of ShopMaster from his web site. This provision shall survive the termination of the Agreement. After the termination of this Agreement, the Affiliate shall not have the right to use ShopMaster trademark(s), logo and slogans and shall refrain from any actions which may directly or indirectly adversely affect the image and reputation of ShopMaster, as well the business relations with its current and potential clients.

Upon termination of the affiliate account, this Agreement shall be automatically terminated.

8. Limitation of Liability

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS AGREEMENT OR UNDER ANY OTHER DOCUMENT FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE ONE MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

This provision shall survive termination of the Agreement.

9. Governing law

Any dispute, controversy or claim arising under this Agreement shall be resolved in accordance with the legislation in the jurisdiction where the ShopMaster entity servicing your Affiliate account is located.

10. Changes to the Affiliate Program Terms

We may alter this Agreement and any policies or provisions incorporated by reference at any time. The amendments and/or supplements of the Agreement shall be effective immediately upon posting to the website of ShopMaster. The current T&C is always available on ShopMaster’s website. If you do not agree to any amendments, you must terminate your Affiliate account within 10 business days of the date of the amendment. Only a ShopMaster officer may alter this T&C. No agent of, or person employed by or under contract with, ShopMaster has any authority to alter or vary this T&C in any way. No oral explanation or oral information given by any party shall alter the interpretation of this T&C.

Last revised: August 2019

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