Terms and conditions
TERM OF THE AGREEMENTS.: The term of this agreement will begin upon our acceptance of your reseller/affiliate 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. You are only eligible to earn referral fees on sales occurring during the term.
PAYMENT: You agree to be paid the applicable bounty rate for each action verified by EvoOffers as specified by EvoOffers approximately thirty (30) days after the last day of a given calendar month, for bounties realized in that month. You agree that payment for bounties will be owed to you from the applicable advertiser, and that corresponding payments shall be made by EvoOffers to you out of the funds actually collected by EvoOffers from the applicable advertiser. EvoOffers shall have no payment obligation to Publisher where advertiser has not remitted sufficient payments to cover the bounties otherwise due and owing publisher. Instead, publisher shall have the right to pursue any and all legal remedies directly against any advertiser that has not made funds available to pay sums due and owing to publisher for bounties earned in connection with a particular program. All publisher accounts will be paid in US dollars ($US). Notwithstanding anything contained herein to the contrary, no bounty payments will be issued for any amounts otherwise due publisher that total less than one hundred dollars ($100.00) (Payment Threshold"). Upon termination of the agreement, all legitimate moneys due to publisher that are actually collected from the applicable advertiser, even amounts below the Payment Threshold, will be paid during the next billing cycle. Every publisher account must have a unique, valid taxpayer identification number (TIN), valid Social Security Number or other applicable unique government identification. All payments due hereunder shall be in U.S. dollars and are exclusive of any applicable taxes. Publisher shall be responsible for all applicable taxes. An advertiser may request that EvoOffers, may on its own initiative, debit from the bounties otherwise due and owing publisher an amount equal to a bounty previously credited to publishers account where:
(a) a return or cancellation has been made with respect to the applicable product and/or service;
(b) there is an instance of a duplicate, fraudulent or incomplete entry or other similar error with respect to a customer order;
(c) there are actions that do not comply fully with the terms of the agreement, including where the applicable non-complying action is not the result of publisher's action, omission and/or failure to comply with the terms and conditions of the agreement;
(d) there is non-receipt of payment from, or refund of payment to, the customer that entered into the subject action; or
(e) there is any failure on the part of publisher to comply with the agreement and/or the applicable program terms (collectively referred to as a "Chargeback"). Chargebacks requested by an advertiser in accordance with this Section 7 may be applied up to sixty (60) days after the end of the month in which the applicable bounty was earned ("Chargeback Period"). An advertiser may request that the payment of a bounty be postponed for one (1) payment cycle where:
(i) advertiser is verifying a lead (for programs in which lead generation is a component of the action);
(ii) advertiser has a product return policy that allows the underlying purchaser to return the product during the Chargeback Period; or
(iii) the applicable program terms provide for such a postponement. The number or amount of actions, credits for payments and debits for Chargebacks, as calculated by EvoOffers, shall be final and binding on publisher.
FRAUD: EvoOffers actively monitors traffic, actions, bounties and other program-related activities for potential fraud. If EvoOffers suspects that your account has been used in a fraudulent manner, your account will be deactivated effective immediately and with no notice to you pending further investigation. If you add actions, or inflate actions, through the use of fraudulent means of traffic generation, as determined solely by EvoOffers, You will forfeit all of the bounties related to that program, and your publisher account will be terminated effective immediately. EvoOffers reserves sole judgment in determining fraud and you agree to be bound by any and all such determinations. It is the OBLIGATION of publisher to prove to EvoOffers that it has NOT engaged in fraud. EvoOffers will hold your bounty-related payments in 'Pending Status' until you have satisfactorily provided evidence that demonstrates to EvoOffers that you have not engaged in fraud. If you are unable to provide "EvoOffers with satisfactory evidence that you have not engaged in fraud within three (3) days of your bounties being placed in Pending Status," then EvoOffers reserves the right to terminate your publisher account and cancel payment on the applicable bounties, at its sole discretion and without any further obligations to you.
LIMITATION OF DAMAGES AND LIABILITY: Except as expressly set forth in this agreement, NEITHER PARTY makes ANY warranties and expressly disclaims all warranties, express or implied, as to the subject matter of this agreement, including implied warranties of merchantability and fitness for a particular purpose. IN NO EVENT SHALL EVOOFFERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING LOST PROFITS OR REVENUES, OR HARM TO BUSINESS) EVEN IF IT HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EVOOFFERS LIABILITY UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHER LEGAL THEORY, BE GREATER THAN THE TOTAL AMOUNT PAID WITHIN THE PRIOR SIX MONTHS BY EVOOFFERS TO PUBLISHER HEREUNDER.
Each party agrees to indemnify, defend and hold harmless the other, its vendors and suppliers, the publishers, and their respective subsidiaries, publishers, agents, partners, officers, directors and employees from and against any third party loss, cost, claim, injury or damage (including reasonable attorneys' fees) resulting from claims or actions arising out of or in connection a breach of a party's representations or warranties made in this agreement or a breach of the terms and conditions of this agreement.
PRIVACY: At EvoOffers we recognize that your privacy is important. In order to provide products and services to our customers we collect, use, and may disclose some personal information. Protecting this information is one of our highest priorities.
We will inform our customers, and potential customers of why and how we collect, use and disclose their personal information, obtain consent when required, and only handle their personal information in a matter that a reasonable person would consider appropriate.
YOUR RESPONSIBILITY: You are responsible for the security of your Customer ID and password. Make sure you keep them in a safe place and do not share them with others. Always remember to log out after your session ends to ensure that others cannot access your private personal information. You should take this precaution even if you are not using a public computer, such as at a library or internet cafe, but even when using your private computer in your home.
We reserve the right to change/add/remove information on our terms of service with no notice. It is up to YOU to keep up to date.