AFFILIATE AGREEMENT
Last Updated on July 1st, 2023
SalesPop may offer you an opportunity to become an independent SalesPop Affiliate (“Affiliate”), wherein you have the opportunity to earn additional money for SalesPop products, services and accounts that you sell. SalesPop reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate’s efforts. Affiliate commission is further discussed herein. See also SalesPop Terms of Service, which apply to you in your role as Affiliate, unless otherwise expressly provided for.
This Affiliate Agreement (“Agreement”) governs Your application for, and any subsequent participation in, SalesPop’ Affiliate program. By clicking “I Accept the Terms and Conditions” and submit, You thereby accept the terms of this Agreement, You indicate that You have read and understood this Agreement, and agree that You are bound by its terms.
SECTION 1 - PARTIES
All references to “SalesPop” herein means and refers to E-HUSTLERS SDN BHD, doing business as SalesPop. All references to “You” and “Your” mean and refer to the person or entity who has executed this Agreement. SalesPop and You are each referred to herein as a “Party,” and collectively as the “Parties.” You agree to notify us in writing if the legal name of your business or account ownership changes within twenty-four (24) hours of such change and You certify that all such information is truthful and accurate. Notice of such changes should be sent to [email protected].
SECTION 2 - APPLICATION
You agree to provide all information requested by SalesPop in connection with Your Affiliate application and/or Your continued participation as a SalesPop Affiliate, and You affirm that all information that You provide is truthful, accurate, and complete (without material omission). You understand and agree that SalesPop retains sole and exclusive discretion to determine whether You qualify for participation in SalesPop’ Affiliate program. Not everyone who applies for SalesPop’ Affiliate program will qualify to participate.
SECTION 3 - CONSENT TO BE CONTACTED
You expressly consent to be contacted at the email address and the phone number You provide in Your application about Your application and the Affiliate program, including through automated dialing systems, texts and artificial or pre-recorded messages, whether by SalesPop or a third-party on behalf of SalesPop. This consent is a material condition of this Agreement and may not be revoked except in writing by both Parties. You understand and agree that the foregoing method is the only reasonable method of opting out. You further agree that any other method of opting-out is not a reasonable means of opting out.
SECTION 4 - AFFILIATE OBLIGATION
4.1 To begin the enrollment process, you will complete and submit the online application. After your application is submitted, we will manually review and approve or reject your application. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
4.1.1. Promotes sexually explicit materials
4.1.2. Promotes violence
4.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
4.1.4. Promotes illegal activities
4.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
4.1.6. Includes “SALESPOP.IO,” “SalesPop,” or variations or misspellings thereof in its domain name
4.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
4.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
4.1.9. You create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are SalesPop or any other affiliated business.
4.2. As a member of the SalesPop Affiliate Program, you will have access to our Affiliate Account website (hosted by getkustomers.com). Here you will be able to review our Program’s details, download HTML code and banner creatives, browse and get tracking codes, links, and any other promotion tool made available to affiliates. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
4.3. SalesPop reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
4.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
4.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
SECTION 5 - SALESPOP OBLIGATION
We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate or if changes are required. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the SalesPop Affiliate Program.
5.2. SalesPop reserves the right to terminate this Agreement and your participation in the SalesPop Affiliate Program immediately and without notice to you should you commit fraud in your use of the SalesPop Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, SalesPop shall not be liable to you for any commissions for such fraudulent sales.
5.3. SalesPop reserves the right, at its sole discretion, to decline individual earned commissions due to discovered irregularities or errors in system tracking.
5.4. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
SECTION 6 - COMPENSATION
If Your application to become an Affiliate is approved by SalesPop, You will receive a unique Affiliate ID. The Affiliate ID will be incorporated within each URL which You will use to advertise SalesPop. You will have the opportunity to receive a commission for each sale (“Sale”) that is registered using Your Affiliate ID.
In the event that a prospect (“Prospect”) has multiple Affiliate cookies (“Cookies”), the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. However, once a Sale has been associated with an Affiliate ID, that Sale cannot be attributed to another Affiliate ID for at least six (6) months from the date of the Sale. SalesPop shall have the sole and exclusive authority to deny and/or revoke a commission or commissions based on affiliate-hopping or other action that creates multiple commissions for one true transaction, which shall be determined at the sole discretion of SalesPop.
Provided that the Sold Account (as defined below) remains in good status within forty-five (45) days from the Sale, You will be paid a commission for each Sold Account that generates a payment to SalesPop in a month (“Commission”). Except as otherwise provided herein, Commission payments will be paid on the 5th of each month following SalesPop’ receipt of payment for a Sold Account, subject to the other terms of this Agreement. In the event the 5th of each month falls on a holiday, Commission payments will be paid on the business day following the holiday. All Commission payments are based on the amount of fees received by SalesPop, less sales taxes.
The amount of Commissions for promoting SalesPop are as follows:
(a) General Affiliate: 30% Commission on SAAS*
(b) Qualified Affiliate: 40% Commission on SAAS*
*Initial approval into the SalesPop’ Affiliate Program grants you access to promote SalesPop. As a General Affiliate, You will receive a 30% Commission on sales linked to your Affiliate ID. “Qualified Affiliate” status is only for those affiliates of SalesPop who have been preselected by SalesPop, and have actively promoted SalesPop. The determination of whether an affiliate has met the requirements to be a “Qualified Affiliate” is at the sole and exclusive discretion of SalesPop.
All Commissions are paid in U.S. Dollars (USD) or otherwise in currencies offered by the payment provider. Some payment methods may incur processing fees that may be deducted from Your Commissions. Your combined Commissions must equal or exceed One Hundred and 00/100 Dollars ($100.00) (USD) and/ or have referred more than 3 unique sales before You receive a payment from SalesPop. If Your combined Commissions in a 120-day period do not exceed $100.00 (USD) and/ or have referred less than 3 sales Your Commissions will not be paid and will be forfeited by You to SalesPop without any further action being required.
Once a Commission of $100 (USD) or more is earned and/ or have referred more than 3 unique sales , You are required to register with our third-party payment provider to receive payment of Commissions. This means You are authorizing third party companies to contact You. Before You can be paid any Commissions, You must provide SalesPop a completed W-8 or W-9 tax form, as instructed by SalesPop, as well as any supporting documentation requested by SalesPop or its third-party payment provider. You will be deemed to have permanently waived and forfeited all rights to Commissions that were earned more than 120 days before submitting a completed W-8 or W-9 tax form or any ancillary supporting documentation that is requested to confirm the information on your tax form. If You are not a resident of the United States, SalesPop may withhold tax (including without limitation VAT) where required by applicable law. You are solely responsible for complying with all tax laws in Your respective jurisdiction(s) including, but not limited to, the payment of all required taxes, and filing of all returns and other required documents with, the applicable governing body(ies).
Affiliates will not be paid any Commissions for payments made on Affiliate’s own user account(s). Affiliates are not permitted to open a SalesPop account under the name of another person or entity, under a fictitious name, or under any name merely for the purpose of obtaining Commissions or any other compensation. Affiliates may not pay for another person’s or entity’s account. Affiliates are not permitted to offer cash rebates or other monetary incentives to obtain Sales. Furthermore, You are not permitted to have more than one (1) SalesPop Affiliate account (including all such business entities of Yours, subsidiaries, or other affiliated businesses of Yours). If You are found to have more than one (1) SalesPop Affiliate account, Your accounts will be terminated and all Commissions pending payout will be immediately forfeited by You to SalesPop.
Commissions are paid only for transactions that actually occur between SalesPop and a Sale and in which payment is received by SalesPop. If payment for a Sold Account later results in a refund or chargeback, and if a Commission was paid to You for that Sold Account payment, then the Commission will be deducted from Your future Commissions.
If SalesPop determines, in its sole and exclusive discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement or applicable law, no Commission will be earned by You or paid by SalesPop for such Sale and, for past sales, such payment amounts shall be deducted from Your future Commissions, and SalesPop may terminate this Agreement immediately, without notice, and without SalesPop having any liability to You.
SECTION 7 - TERM AND TERMINATION
The term of this Agreement will begin the earlier of (i) when You click “I accept the Terms and Conditions” and submit; or (ii) Your participation in the Affiliate program is approved. Your participation in the SalesPop Affiliate program will continue month-to-month until terminated. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party thirty (30) days’ written notice of termination. If, in our sole discretion, You fail, or we suspect that You have failed, to comply with any term or provision of the Agreement or the Terms of Service, or violated any law, whether in connection with Your use of SalesPop or otherwise, SalesPop may take any action that it deems necessary, including without limitation to terminating the Agreement or suspending Your access to the Affiliate website (“Website”) at any time without notice to You. In addition, if, based on our data, you have a dispute rate greater than 2%, we may terminate this Agreement or suspend your access to the Website at any time without notice to You. In such instances as described above, and in our sole discretion, we may terminate our relationship and suspend any accounts owned/controlled by You. For the avoidance of doubt, and without limitation for purposes of the foregoing, any violation of the required disclosure will be deemed a material breach of this Agreement. See Appendix A, Section 2, Disclosure. In the event this Agreement is canceled due to Your breach, You immediately forfeit all Commissions and any other payments owed to You or that may in the future be owed to You without any further liability by SalesPop to You. This Agreement will terminate automatically if You earn no (zero) Commissions over a 12 month period.
If this Agreement is terminated or canceled, then all provisions that, by their nature, should survive, will survive, including, but not necessarily limited to, all limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration and class action waiver provisions, and exceptions to arbitration. All representations and warranties undertaken by You shall also survive termination or cancellation of this Agreement and/or Your SalesPop account.
SECTION 8 - ADDITIONAL REPRESENTATIONS AND WARRANTIES
Your other representations and warranties herein, You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against You by the Federal Trade Commission (“FTC”), any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against You which relate to alleged intentional torts or alleged violation of any consumer protection or advertising laws. If You become the subject of such an investigation, inquiry, prosecution, or lawsuit any time after this Agreement is executed, You are required to notify SalesPop of the same within 24 hours. SalesPop, in its sole and exclusive discretion, may immediately terminate Your participation in SalesPop’ Affiliate program, as well as immediately terminate this Agreement, based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph.
SECTION 9 - ENTIRE AGREEMENT
This Agreement, Appendix A below, along with SalesPop’ standard Terms of Service, represents the entire agreement between the Parties and supersedes any other written or oral agreement between the Parties as pertaining to Your Affiliate application and, if approved, Your rights and responsibilities as an Affiliate. In the event of a direct conflict between the Terms of Service and this Agreement, this Agreement shall govern.
Appendix A
Additional Terms of the Affiliate Agreement and Advertising Rules
These Advertising Rules apply to all activities of Affiliate:
1. General Compliance. Affiliate shall publish or otherwise distribute advertisements in strict compliance with all applicable laws and regulations, including without limitation, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), data protection laws (including but not limited to the European Union General Data Protection Regulation, U.K. Data Protection Act, California Consumer Privacy Act, and Brazilian General Data Protection Regulation), laws governing testimonials (including the FTC’s Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)), and all guidelines issued by the FTC. Affiliate is solely responsible for ensuring Affiliate’s compliance with all laws. Affiliates are strictly prohibited from making claims concerning the products and services offered by SalesPop that are inconsistent with, or beyond the scope of marketing materials produced and made available by SalesPop on SalesPop website, www.salespop.io. Affiliate is prohibited from publishing or otherwise distributing advertisements by telemarketing, fax, or text messaging in any form to any device. Affiliate shall not offer monetary incentives, such as rewards points, cash, or prizes to Prospects in return for their response to an advertisement. Affiliate may, however, offer Prospects information and materials of tangible value including, but not limited to, website templates, information about e-commerce, website design, and online marketing, for reduced or no charge, but only so long as Affiliate accurately describes and delivers such information and materials to the Prospect. SalesPop retains the sole and exclusive discretion to determine whether Affiliate’s advertising and conduct is in compliance with all laws (but SalesPop shall not be required to advise Affiliates on such matters).
2. Disclosure. On any website that Affiliate advertises any SalesPop service or product, Affiliate must plainly display (i.e., not in a link, or in small font) disclaimer language, such as:
Disclosure: I am an independent SalesPop Affiliate, not an employee. I receive referral payments from SalesPop. The opinions expressed here are my own and are not official statements of SalesPop or its parent company, E-HUSTLERS SDN BHD.
3. Non-Disparagement. Affiliate is not permitted to comment negatively about or disparage the products, affiliates, or services of SalesPop or any other person or entity, including without limitation the products or services of a SalesPop competitor. Affiliate is not permitted to engage in any unlawful or deceptive actions with respect to search engine optimization, including, but not limited to, using any technique that generates paid search results based on any trademarks of SalesPop, any brand name of SalesPop, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords, and/or based on the trademarks or brand name of any competitor of SalesPop, or any other third party. Affiliate shall not direct link to a SalesPop’ sales page from any paid advertising.
4. Social Media. If Affiliate advertises on social media, then each post must comply with all of the following:
Each post must contain @salespopio or #salespopio.
Each post must contain #ad in a clear and conspicuous location before the text of the description and in all events before the “More” button.
Each Facebook or Instagram post must use the platform’s “Paid Partnership” tool.
Each YouTube post must contain the word “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” within the video itself in a font size that is clearly recognizable to the viewer and which appears persistently throughout the length of the video in the top right hand portion of the video.
If Affiliate is advertising on other forms of written social media (e.g., Facebook, Twitter), Affiliate must comply with the above disclosure restrictions as applicable to each form of social media. Affiliate must also comply with all rules of each social media platform that Affiliate uses.
5. Parasitic Marketing/ Cookie Stuffing. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited the SalesPop site (i.e., no page from our site or any SalesPop content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of SalesPop site in iFrames, hidden links and automatic pop ups that open SalesPop site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
6. Income and Business Opportunity Claims. Affiliates are expressly prohibited from making any claims that use of SalesPop will guarantee that the user will make money. If Affiliate’s recruiting efforts include claims related to income Affiliate has made from using SalesPop or as an Affiliate, the following guidelines must be adhered to:
(a) Affiliate’s statements must be completely true and accurate and supported by evidence of Affiliate’s experience; and
(b) Affiliate’s statements must be accompanied by the following disclaimer in clear and conspicuous font and placement: “These were my results. Your results will vary based on a variety of factors including Your education, effort, and market factors. There is no guarantee You will make any money.”
Affiliate is also expressly prohibited from making any express or implied claims that SalesPop is or provides a business opportunity, franchise opportunity, a “business-in-a-box,” or an assisted marketing plan.
7. SalesPop’ Trademarks. No logo, tagline, trademark, trade name, or trade dress (collectively, the “SalesPop Trademarks”) owned by SalesPop may be used, copied, or reproduced by any Affiliate except as set forth below. No SalesPop intellectual property (or any mark confusingly similar to any SalesPop intellectual property) is to be registered as a trademark in any country or registered as a domain name by Affiliate in any way in any country.
Subject to the restrictions below, approved Affiliates are granted a limited, revocable, non-transferrable, and non-assignable license to use the “SalesPop®” trademark, Registration No. xxxxxxx, to advertise SalesPop online. Any time Affiliate uses the word “SalesPop” it must be immediately followed by “®”. Affiliate may not use “SalesPop” or other SalesPop’ trademarks as part of any URL, domain or website name.
SalesPop retains exclusive ownership of all SalesPop’ Trademarks and other intellectual property and all of its rights therein. Affiliate shall not promote or provide services to any other business or person that is infringing any of SalesPop’ intellectual property.
8. Complaint Notification. Affiliate must notify Company of any complaint received by Affiliate regarding any advertisements within twenty-four (24) hours of receiving such complaint. Notice should be sent to [email protected].
9. Independent Contractor. Affiliates are independent contractors of SalesPop and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between SalesPop and You. It is the express understanding and intention of the Parties that no relationship of master and servant nor principal and agent shall exist between SalesPop and You by virtue of this Agreement. You have no right to act on behalf of or bind SalesPop in any way, nor share in the profits or losses of SalesPop. The only compensation available to You is set forth in this Agreement. You are solely and exclusively responsible and liable for all of Your acts or omissions.
10. NO WARRANTY; NO LEADS. SalesPop does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that SalesPop will not at any time provide sales leads or referrals to You. You understand and agree further that this is not a business opportunity, a franchise opportunity, a “business-in-a-box,” or an assisted marketing plan. You are responsible for procuring and paying for any and all materials and resources necessary to operate as an Affiliate as You determine in Your sole discretion.
11. LIMITATION OF LIABILITY. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL SALESPOP OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER SALESPOP HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL SALESPOP’ LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO SALESPOP FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST SALESPOP OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
12. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, & GOVERNING LAW.
As explained in SalesPop’ Terms of Service, any controversy or claim arising out of or related to this Agreement or Your relationship with us that cannot be resolved through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. The sections of the Terms of Service entitled “DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER,” “SALESPOP’ ADDITIONAL REMEDIES,” and “GOVERNING LAW AND VENUE” are expressly incorporated herein by reference. Please review the Terms of Service for more information.
13. Indemnity. You agree to protect, defend, indemnify and hold harmless SalesPop, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limitation arising out of Your conduct, acts, or omissions related to Your application and/or performance of this Agreement including, but not limited to, any breach of this Agreement. Your indemnity obligation includes, but is not limited to, any third party claim against SalesPop for liability or payments for damages caused by, or other liability relating to, You. This provision expressly survives the termination of this Agreement.
14. Severability. In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms of Service, as so modified, shall continue in full force and effect.
15. Modification/Amendments. This Agreement and SalesPop’ standard Terms of Service may be modified by SalesPop at any time, with or without prior notice to You. Amendments or modifications to this Agreement or the Terms of Service will be binding on You when they are sent to You via email, or are posted in the affiliate center. No amendment to this Agreement or the Terms of Service shall be valid unless prepared or signed by SalesPop. Your continued acceptance of Commission payments constitutes Your acceptance to any modifications or amendments to this Agreement and the Terms of Service.
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