This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Wysiwash.com's Affiliate Program. This contract constitutes a legally binding agreement between You (“You”, “Your”, or “Yours”) and Wysiwash Corporation (“Us”, “Our”, “Ours”, “We”, or “Wysiwash”). By signing up to be an Affiliate in the Wysiwash Affiliate Program (“Program”) You are agreeing to be bound by the following terms and conditions of this Agreement (“Agreement”).
Wysiwash reserves the right to change this Agreement from time to time without notice. Any new features that enhance the current Program, including the release of new tools and resources, shall be subject to the Agreement. Continued use of the Program after any such changes shall constitute Your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.wysiwash.com/affiliates-terms-and-conditions
Violation of any of the following terms will result in the termination of Your Account and forfeiture of any outstanding affiliate Commission payments earned during the violation. You agree to use the Affiliate Program at Your own risk.
Account Terms:
Promoting Products
Once You have signed up for the Affiliate Program, You will be assigned a unique HTML Code (“Affiliate Code”). You are permitted to place links, banners, or other graphics that we provide with this Affiliate Code on Your site, in Your emails, or in other communications. We will provide You with guidelines, link styles, and graphical artwork to use in linking to Wysiwash, Effersan, Scalesafe product pages (“Product Pages”). We may change the look and design of the artwork at any time without notice, but we won't change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide You with specific link formats to be used in all links (“Links”) between Your site and the specific Product Page. You are responsible to ensure that each of the Links between Your site and the Product Page are working properly. You will earn referral fees only with respect to purchases of a product occurring directly through these Links; we will not be liable to You with respect to any failure by You or someone You refer to use these Links, including to the extent that such failure may result in any reduction of Commissions that would otherwise be paid to You pursuant to this Agreement.
Links must point to the homepage of the Product Page being promoted. Deep links, or links to other pages inside the Wysiwash site will not earn credit.
Commissions and Payment
If You promote, market or otherwise advertise any product which is registered for sale via Wysiwash.com, whether via Your website or any other online or offline medium for the purpose of earning a percentage, the result of this promotion is heretofore referred to as a Commission (”Commission”).
For a sale to be eligible to earn Commission, the customer must click-through a Link from Your site, email, or other communications to a Product Page and purchase the product within 180 days. When a visitor to your website clicks a Link to a Product Page, an affiliate ID is stored on their browser within a text file, known as a cookie (“Cookie”). The Cookie stays in the visitor’s browser for a short period of time, 180 days, or until the Cookie is cleared from the browser manually. This means that if the customer comes back a few days later and purchases the product, the Commission will be attributed to You. If, however, the user deletes the Cookie or does not have Cookies enabled on their device their session will end when they close their web browser, navigate away, or otherwise leave the Product Page without purchasing. As such, we will have no way of tracking their return and you will not earn a Commission.
The current Commission chart may be found at: http://www.wysiwash.com/affiliate. The Commission structure is subject to change at our discretion. We will notify all Affiliates 30 days prior to any Commission structure change. Commissions earned under the previous structure will be paid under the previous structure and Commissions under the new structure will be paid under the new structure.
We will only pay Commissions on Links that are automatically tracked and reported by our systems. We will not pay Commissions if the purchase was not tracked by our system. We can only pay Commissions on business generated through properly formatted Links that were automatically tracked by our systems.
We reserve the right to disqualify Commissions earned through fraudulent, illegal, or aggressive, or questionable marketing methods.
Payments only begin once You've earned more than $20 in affiliate income. If Your affiliate account never crosses the $20 threshold, Your Commissions will not be paid. We are only responsible for paying accounts that have crossed the $20 threshold.
As long as Your current affiliate earning are over $20, You'll be paid roughly every 30 days. If You haven't earned $20 since Your last payment, we'll pay You approximately 30 days after You've crossed the threshold. Payments are made via paypal.
Your Responsibilities
You will be solely responsible for the development, operation, and maintenance of Your site and for all content and materials that appear on Your site.
As such, You will be solely responsible for:
Customer Definition
Customers who buy products through this Program will be Wysiwash customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect the Product Pages that You have Linked on Your site, we discourage You from displaying product prices on Your site. We will use commercially reasonable efforts to present accurate information, but cannot guarantee the availability or price of any particular product.
Compliance with Laws
As a condition to Your participation in the Program, You agree that while You are a participant You will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over You, whether those regulations, etc. are currently in effect or come into effect during the time You are a participant.
You agree that as a condition of Your participation in the Program You will comply with all applicable laws (federal, state or otherwise) that govern marketing activities, including without limitation to regulations issued by the FTC, the Federal Communications Commission ("FCC"), the CAN-SPAM Act, the Telephone Consumer Protection Act ("TCPA") and state laws regarding anti-spam, text messages and Do-Not-Call Registries (Information on these laws can be found at: http://transition.fcc.gov/cgb/policy/TCPA-Rules.pdf, http://www.fcc.gov/guides/spam-unwanted-text-messages-and-email, and http://www.ftc.gov/privacy/privacyinitiatives/childrens.html).
Terms of the Agreement
The term of this Agreement will begin upon our acceptance of Your Program application and will end when terminated by either party. Either You or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.
Upon the termination of this Agreement for any reason, You will immediately cease use of, and remove from Your site, all links to any Product Page, and all of our trademarks, logos, and any other materials provided by us or on behalf of us to You in accordance with the Program. Wysiwash reserves the right to end the Program at any time. Upon program termination, Wysiwash will pay any outstanding earnings accrued above $20.
Additionally, Wysiwash, in its sole discretion, has the right to suspend or terminate Your account and refuse any and all current or future use of the Program, for any reason, at any time. Such termination will result in the deactivation or deletion of Your account, and the forfeiture of all potential or to-be-paid Commissions in Your account.
Relationship of Parties
You and We are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 site or otherwise, that reasonably would contradict anything stated by Us.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or this Program, even if We have been advised of the possibility of such damages. Further, Our aggregate liability arising with respect to this Agreement and Program will not exceed the total Commissions paid or payable to You under this Agreement.
Confidentiality
In connection with this Agreement, You may receive or have access to sensitive, confidential, and/or proprietary information (“Confidential Information”) of Ours . You may not use any Confidential Information for the purpose of soliciting Wysiwash, Effersan or Scalesafe products or to promote the sale of any products which compete, either directly or indirectly, with Us. In addition, You agree and acknowledge that Wysiwash may be required to provide to governmental agencies or other third parties information in its possession regarding You or Your business.
Disclaimers
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (other than those described herein https://www.wysiwash.com/terms). In addition, we make no representation that the operation of the Product Pages will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Returns
In the event that a customer returns a product that You earned an affiliate commission on, the amount of that commission will be taken from your present or future commission payments.
Miscellaneous
This Agreement will be governed by the laws of the United States. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
The Terms of Service constitutes the entire agreement between You and Wysiwash and govern Your use of the Service, superseding any prior agreements between You and Wysiwash (including, but not limited to, any prior versions of the Terms of Service).
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WYSIWASH MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.