AFFILIATE MARKETING AGREEMENT
As an authorized affiliate (Affiliate) of Traderlink LLC (Traderlink), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting Traderlink as an Affiliate.
1. Definitions
"Affiliate Link" refers to the unique URL provided by Traderlink to the Affiliate under this Agreement.
2. Agreement Terms
The term of this Agreement will commence on the Effective Date and will continue in effect for a period of one (1) year, unless terminated earlier in accordance with the provisions of this Agreement.
3. Commissions
3.1 The Affiliate will be entitled to earn a commission of twenty-five percent (25%) of initial purchase revenue generated directly from the Affiliate Link ("Affiliate Commissions") for the duration of one (1) year from the creation of the Affiliate Link. This covers the initial purchase of a Traderlink subscription ONLY. Recurring payments do not qualify for affiliate payouts.
3.2 The Affiliate must accumulate at least fifty dollars ($50) in their affiliate account before being eligible for a payout.
3.3 In order to be eligible for the Affiliate Commissions, the Affiliate must maintain an active subscription to the APEX Dashboard by Traderlink for the entire duration of the existence of the Affiliate Link.
3.4 For an Affiliate to receive a commission, the referred account must remain active for a minimum of 37 days.
You cannot refer yourself, and you will not receive a commission on your own accounts. There is also a limit of one commission per referral. If someone clicks the link on your site and orders multiple accounts, then you will receive a commission on the first order only.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
4. Payment
Payments will be made on a monthly basis and will be due within thirty (30) days after the end of each month.
5. Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
6. Termination
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
Spamming (mass email, mass newsgroup posting, etc.).
Advertising on sites containing or promoting illegal activities.
Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
Violation of intellectual property rights. Traderlink reserves the right to require license agreements from those who employ trademarks of Traderlink in order to protect our intellectual property rights.
Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with Traderlink, however, is acceptable.
Self referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, Traderlink reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
7. Affiliate Links
You may use graphic and text links both on your website and within in your email messages. You may also advertise the Traderlink site in online and offline classified ads, magazines, and newspapers.
8. Liability
Traderlink will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Traderlink. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
9. Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
10. Indemnification
Affiliate shall indemnify and hold harmless Traderlink and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Traderlink to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
11. Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with the laws of the United States. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Dover, Delaware.
In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
12. Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Traderlink affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Traderlink application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
