Terms of Service
AFFILIATES AGREEMENT
Listen2MyRadio.com
(“Website”) is owned, managed and operated by liste2myradio (“Company” or “We”
or “Us” or “Our). By signing up for Listen2MyRadio.com Affiliate Program
(“Program”), you acknowledge that you have read, understood and agree to the
terms contained in this Affiliates Agreement (“Agreement”).
This
Agreement shall be read in conjunction with, and in addition to, our Terms of Service
Agreement and in case of any conflict between the two, the provisions contained
herein shall prevail to the extent they govern your relationship with the
Website.
Modifications to the Agreement
We
reserve the right to change this Agreement at any time and from time to time
without any notice to anyone. All such modifications shall come into effect as and
when posted on this page. Your continued use of the Program after such changes
constitutes your implied consent to such changes. We advise you to remain
updated on the latest Agreement by visiting this page frequently.
Consequence of Violation of this Agreement
Your
use of this Program is solely at your own sole risk. Any violation of any of
the provisions contained hereunder shall empower us to terminate your Affiliate
Account, besides forfeiture of any outstanding referral fee earned during the
violation period, in addition to claiming refund of referral fee already paid.
Eligibility
You
must satisfy the following eligibility conditions before joining this Program:
1. You must be at
least eighteen (18) years of age at the time of signing up;
2. You must provide
your full name, a valid email address, and any other information requested in
order to complete the sign up process;
3. You must not
share your login details with anyone and your account may be used by only one
person. You assume full responsibility and liability for all activities under
your account;
4. You must not use
the Program for any illegal or unauthorized purpose or in a manner that violates
any applicable law(s);
5. You must have a valid
PayPal account in order to receive referral fees / commissions.
6. You must send us
an invoice requesting the payout.
7. You must have the
ability or resources to create an invoice.
Affiliate Links
Upon
joining the Program, you will be assigned a unique Affiliate Code, which can be
used to place links, banners, or other graphics provided by the Company:
(i) on your website;
(ii) in your emails;
or
(iii) in other communications.
A
The Company shall set a special Affiliate cookie on your computer system, which will expire after thirty (30) days, for tracking and reporting your affiliate activity. We shall not be liable for:
(a) failure of your computer system to accept the Affiliate cookie due to any reason whatsoever, including without limitation, a firewall or anti-virus program blocking the cookie; or
(b) deletion of Affiliate cookie from your computer system for any reason whatsoever.
We disclaim any liability on account of any loss of fees as a result of non-acceptance or deletion of the Affiliate cookie.
Further,
the special links must point to the landing page on the Website. Therefore, any
deep links or links to other pages of the Website will not earn any credit.
The
special links shall not be used in any manner, which results in loss –
financial, goodwill or otherwise – to the Company, including without limitation,
misleading or false representations, spam and other means of unethical
advertising.
Referral Fees / Commission
1. You will earn an
affiliate referral fee of twenty percent (20%) for completed sales, through
your special link(s), of premium packages offered by the Website, including Premium
Radio Packages (excluding iPhone App), Website Hosting Packages (excluding domain
names), Video Streaming Packages, and AAC Transcoding Packages.
2. You will earn an
affiliate referral fee of ten percent (10%) for completed sales, through your
special link(s), of on Free-Account Add-ons offered by the Website, including Advanced
Statistics System, Remove Ads, Remove Chat, Always ON, AAC+ Streaming and Mix Add-ons
packages.
3. For clarification purposes, this Agreement does not apply on sales of the following packages: domain names, Radio Apps (iPhone, Android, and Blackberry), SAM Broadcaster and SAM Cast. Consequently, you shall not be eligible for any referral fee for the sale of any of the aforementioned packages under your Affiliate Code.
4. The referral fees
/ commission becomes due at the end of each month provided that the commission
owed is more than US $150. However, there shall be a Commission Delay of twenty
one (21) days to enable us to verify the genuineness of the referral fee earned
by you. Once approved, the referral fee shall be paid to your PayPal account
within thirty (30) days of the approved payout. However, we reserve the right
to question any amount that appears suspicious to us. We further reserve the
right to change the referral fee at any time in our sole discretion. However,
all such changes shall be notified to the affiliates fifteen (15) days prior to
any change. For more on referral fee / commission, please visit our Affiliates
page on the Website.
5. You shall have
the option to move your approved payout, within thirty (30) days of such
approval, to your credit balance to be used for your own orders on the Website
or the service payments made to the Company.
6. We pay referral
fees / commission only through PayPal. Requests for payment through any other
mode shall not be entertained. However, all such payouts shall be preceded by
the receipt of an invoice with exact amount requested for payout.
7. Any and all applicable
taxes on the payouts you receive shall be borne by you.
8. You shall be
eligible to earn referral fee or commission only if the customer clicks-through
the special link from your website, email, or other communications to our landing
page and order any of the aforementioned packages Further, in the event the customer
leaves the Website, comes back later on their own, and then order a package,
you will not be eligible to earn referral fee.
9. In case the
customer’s purchase was refunded, we reserve the right to withhold any referral
commission payments resulting from such refunded purchases.
10. If, at any time,
the commissions owed to you become less than the total deductions due to
refunds as mentioned above, the difference shall be immediately payable to the
Company.
11. All the
commissions are paid strictly on the basis of links that are automatically
tracked and reported by our systems. We shall not pay any commission merely on assertion
from the affiliate unless that assertion is verified by our tracking and
reporting system.
12. We reserve the
right to disqualify commissions earned through fraudulent, illegal, or overly
aggressive, questionable sales or dubious marketing methods.
13. We disclaim any
liability on account of payment of referral commission to an affiliate if the
details we hold for that affiliate are not accurate. It shall be the
affiliate’s responsibility to ensure that we are notified of any change in
their details including, without limitation, email or postal address.
General Rules & Regulations
1. Customers you bring
in through this Program shall be deemed to be the customers of the Company and
accordingly, all our applicable rules, policies, and operating procedures
concerning the sale of packages and provision of services shall apply to such
customers.
2. Except as
provided and permitted herein, you agree not to issue any press release or any
public declaration on any online or offline medium whatsoever with respect to
this Agreement or your participation in this Program or your association with the
Website as an affiliate. Such action gives us the right to terminate your
account from the Program.
3. You may not
purchase the products through your own affiliate links for any use whatsoever.
Such purchases give us the right to withhold the referral fees and / or
terminate your account from the Program.
4. You agree that
while you are a Program participant, you will comply with all the laws, rules,
regulations, orders, licenses, permits, judgments, decisions or other
requirements of any governmental authority that has jurisdiction over you,
whether those laws, etc. are now in effect or later come into effect during the
time you are a Program participant. Without limiting the foregoing obligation,
you agree that you will comply with all the applicable laws that govern
marketing email.
5. We grant you a
non-exclusive, non-transferable, non-sub-licensable, revocable license to use our
logos and text for which we communicate our express permission, solely for the
purpose of identifying your website as a Program participant. You agree that
you will not engage, participate or otherwise become involved in any activity
or action that diminishes and / or tarnishes the reputation of the Company or the
Website.
6. You shall be
solely responsible for the development, operation, maintenance, legal
compliance of your website and for all content, including the display of
special links that appears on your website.
7. The information
provided by us may be proprietary in nature. You acknowledge that you are not a
competitor of the Company, and agree not to share this information with any of our
competitors. Any violation of this provision gives us the right to terminate your
account from the Program.
8. You shall be an
independent contractor for the Company, and nothing in this Agreement will
create any partnership, joint venture, agency, franchise, sales representative,
or employment relationship between you and the Company.
Indemnity
You
agree to indemnify, defend and hold us harmless from all claims, damages, and
expenses including, without limitation, legal fees, relating to the
development, operation, maintenance, and contents of your website as well as
any goods or services provided or made available by you. These obligations will
survive any termination of this Agreement.
Term & Termination
This
Agreement commences upon our acceptance of your application and shall end as
and when terminated by either party in accordance with the provision(s) contained
herein.
Either
you or the Company may terminate this Agreement at any time, with or without any
cause. You may terminate this Agreement by managing your account and opting to
cancel this Agreement. The Company may terminate this Agreement by giving you written
or email notice of termination. Your claim for referral fees / commission holds
good only for the transactions made during the term of this Agreement. We reserve
the right to withhold your full and final payment in order to ensure that the
correct amount is paid.
In
addition to the violation of any provision contained herein, we also reserve
the right to unilaterally end the status of your website as an affiliate if we
determine, at our sole discretion, at any time after acceptance, that your website
is not suitable for the Program.
Limitation of Liability
We
will not be liable for any indirect, special or consequential damages (or loss
of revenue, profits or data) arising in connection with this Agreement or our
Affiliate Program, even if We have been advised of the possibility of such
damages. Further, our aggregate liability arising with respect to this
Agreement and our Affiliate Program will not exceed the total Affiliate
Referral Fees paid or payable to you under this Agreement.
Disclaimers
1. We make no
express or implied warranties or representations with respect to the Program or
any products and/or services sold through the Program including, without
limitation, warranties of fitness, merchantability, non infringement, or any
implied warranties arising out of a course of performance, dealing, or trade
usage.
2. We make no
representation that the operation of the Website will be uninterrupted or
error-free, and therefore, we shall not be liable for the consequences of any
interruptions or errors.
Jurisdiction
This
Agreement shall be governed by the laws applicable in Israel, without giving
effect to provisions relating to the conflict of laws. You undertake and
warrant not to initiate any class action, for any reason, against the Company;
and to claim your damages only in accordance with the provisions contained
herein.
Miscellaneous
Our
failure to enforce any right or provision of this Agreement shall not operate
as a waiver of such right or provision.
This
Agreement operates to the fullest extent permissible by law. If any provision
of this Agreement is declared void, such provision shall be deemed severable
from this Agreement and does not affect the validity and enforceability of the remaining
provisions.
