Welcome to PROMO, an online service for creating quality videos (the "Platform"). The Platform is owned and operated by Easy Hi Ltd. ("EasyHi", "we", "us", "our").
This PROMO Affiliate Program Agreement (the "Terms") governs the Platform’s affiliate program which, subject to the terms below, gives registered affiliates ("Affiliates") an opportunity to be receive commission for successfully referring users to subscribe to the Platform (the "Affiliate Program").
Please carefully read these Terms. By submitting an enrollment request to become an Affiliate, you agree to be contractually bound by the Terms. If you do not agree to the Terms, you may not enroll to become an Affiliate.
If you are under the age of 18 you may not enroll to become an Affiliate.
Affiliates have an opportunity to receive commission for successfully referring paying users to subscribe to the Platform. Each Affiliate receives one or more unique hyperlinks to use with referrals. The Affiliate can then invite people ("Invitees") to register to the Platform using this unique hyperlink. Invitees that subscribe to and actually pay for a fee-based plan on the Platform using the unique hyperlink ("Participating Invitees") will entitle the Affiliate to commission, as per the Terms below.
To be considered for admission as an Affiliate, you must apply through our designated online Affiliate application form. We will indicate the mandatory fields for completion. If you do not provide the required information in these fields, you will not be able to apply.
As we process your application, and thereafter, following your admission as an Affiliate (if admitted), we may request additional information, documentation and materials from you, as we, in our reasonable discretion, deem necessary. If you decline to provide the additional information, documentation and materials we request, or if you fail to provide them within the reasonable timeframe we request, without cause, you will not be able to apply, or if you have already been admitted – we may suspend or terminate your registration as an Affiliate and irrevocably eliminate any commission you may have accumulated.
You must provide true, accurate and complete information, and you are fully accountable for any outcome that may result from your failure to do so. If you are applying on behalf of, or as, a legal entity (such as a company), then you represent and warrant that you are duly authorized by the legal entity to do so and that you are duly authorized to bind the legal entity to these Terms.
Once we complete processing, evaluating and considering your application, we will determine, in our sole discretion, whether to accept or decline your application to be admitted as an Affiliate. We are not obligated to admit you or any other applicant, as an Affiliate. You will have no plea, claim or demand against us in connection with any decision we may or may not make regarding your own, or anyone else’s, application or admission. Our decision is final and non-contestable.
If we decline your application, then these Terms shall immediately and automatically terminate.
If we admit you as an Affiliate, you will be designated an account username and password (your "Affiliate Account"). Make sure that you change your password periodically. You may not transfer your account to any third party, in any manner whatsoever. You must maintain the confidentiality of your account login details, and may not provide or disclose them to anyone else or otherwise allow or permit others to view the content accessible through your Affiliate account.
We hereby grant you, during the term of these Terms, a non-exclusive, non-transferable, limited right to reproduce or copy the Platform’s promotional materials, which we provide to you or which are available on the Platform’s website, for the sole purpose of promoting and marketing the Platform to Invitees pursuant to these Terms.
All goodwill and other benefits created through your use of the abovementioned materials shall inure solely to the benefit of EasyHi. Nothing herein shall grant you any ownership or title in these materials.
You must not interfere with or disrupt the administration of the Affiliate Program, or engage in any action that may manipulate the Affiliate Program or the logging of Invitees or Participating Invitees.
As an Affiliate, you must refrain from -
WE MAY EMPLOY MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE ACTIVITIES IN CONNECTION WITH THE AFFILIATE PROGRAM. WE MAY DISQUALIFY YOU TERMINATE YOUR PARTICIPATION UNDER THESE TERMS, AND IRREVOCABLY ELIMINATE ANY COMMISSION YOU MAY HAVE ACCUMULATED WITHOUT PRIOR NOTICE AND WITHOUT LIABILITY TO YOU OR THE TEAM, IF WE, IN OUR REASONABLE DISCRETION, BELIEVE THAT YOU HAVE ENGAGED IN FRAUDULENT OR ABUSIVE ACTIVITIES IN CONNECTION WITH THE AFFILIATE PROGRAM.
To be entitled to receive commission you must have a valid payout account (as explained below). Your right to receive commission accrues only if and when a Participating Invitee subscribes to, and actually pays for, any fee-based service on the Platform using the unique hyperlink assigned to you.
The information documented in our systems and records, such as the subscriptions and payments of Participating Invitees, will be used to determine eligibility for commission and are final and non-contestable. At times, our systems may experience delays in documenting referrals to Participating Invitee. Please be patient.
The commission you are entitled to is at the rate and scheme separately presented to you during registration.
You may redeem the commission you have accumulated only if the value of your accumulated commission is greater than the then-current minimum threshold for redemption, as we prescribe from time to time and advertise on your Affiliate Account.
The commission collected in your Affiliate Account can be redeemed in the form of a money transfer in US Dollars to your payout account such as your PayPal account or in other forms of redemption that we may offer from time to time. In the event of such redemption, any applicable transaction fees will be deducted from the US Dollar value of the commission accumulated in your Affiliate Account.
In order to redeem the commission you have earned, you must access your Affiliate Account and click the "REDEEM" button. Once we complete processing your request to redeem, we will wire you the commission accumulated in your Affiliate Account, subject to these Terms. We may also initiate payout of your commission, at any time, in which case we will wire you the commission accumulated in your Affiliate Account, subject to these Terms.
Before payout, we will deduct from the commission accumulated in your Affiliate Account any taxes we deem required under the applicable tax laws, and remit to you the net commission following such deductions.
The commission may be considered taxable income pursuant to the tax laws applicable you. You are solely responsible for reporting the commission to the relevant taxation authorities, and paying all taxes applicable to the commission, as required by the applicable tax laws. If we so request, you will promptly complete and submit to us all tax forms, tax certificates or tax authorizations we deem necessary, under the applicable tax laws.
Commission accumulated in your Affiliate Account is non-transferable and non-assignable. You are not entitled to any interest or linkage differentials on commission accumulated in your Affiliate Account.
If, despite repeated attempts, we are not able to wire you the commission accumulated in your Affiliate Account and are unable to contact you using the contact information you provided, we may irrevocably erase and cancel any commission you may have accumulated.
We respect your privacy. Our Privacy Policy, which is incorporated to these Terms by reference, explains the privacy practices on the Platform.
We and our licensors own all rights, title and interest in and to the Platform and the Affiliate Program, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith.
You may not use any name, mark, logo or domain name that is similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute, or damage our goodwill.
We may, at any time and without prior notice, change the layout, design, scope, features or availability of the Platform.
Such changes, by their nature, may cause inconvenience or even malfunctions. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.
We may, at any time and in our sole discretion, discontinue or terminate the operation of the Platform, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. We may also suspend the operation of the Platform, in whole, or in part, for all users, or for certain users, for periodic maintenance or similar purposes, without any liability to you.
From time to time, we may change the Terms. We will provide you notice of such changes to the email address you provided us. Your continued participation in the Affiliate Program after the effective date of the amended Terms constitutes your consent to the amended Terms. In any event, if you do not consent to the amended Terms, we may initiate payout of the commission you have accumulated and terminate these Terms and your Affiliate Account and block your access to, and use of, the Affiliate Program.
THE PLATFORM IS PROVIDED FOR USE "AS IS" AND "WITH ALL FAULTS". WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVISORS, CONSULTANTS, SUBCONTRACTORS AND ASSIGNEES (COLLECTIVELY, OUR "STAFF") DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, WITH RESPECT TO THE PROMOTION, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, OR EXPECTED OUTCOME OR EARNINGS. YOU ACKNOWLEDGE AND AGREE THAT THE YOUR PARTICIPATION IN THE AFFILIATE PROGRAM IS ENTIRELY, OR TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE AFFILIATE PROGRAM WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE TO YOUR, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF OPPORTUNITY FOR COMMISSION AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE AFFILIATE PROGRAM, INVITEES OR PARTICIPATING INVITEES, THE USE OF, OR THE INABILITY TO PARTICIPATE IN THE AFFILIATE PROGRAM, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE AFFILIATE PROGRAM OR PLATFORM, OR FROM ANY DELAYED OR INCOMPLETE REGISTRATIONS, OR FROM ANY COMPUTER OR COMMUNICATION MALFUNCTIONS, OR FROM ANY FAULT, OR ERROR MADE BY THE INVOLVED PERSON’S STAFF, OR FROM ANY DENIAL OR DISQUALIFICATION OF YOUR PARTICIPATION IN THE AFFILIATE PROGRAM OR OF INVITEES REGISTRATION TO THE PLATFORM, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR OWN OR AN INVITEES REGISTRATION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AND AGGREGATE LIABILITY OF EASYHI AND OUR STAFF SHALL BE LIMITED TO THE COMMISSION YOU HAVE ACCUMULATED (IF ANY) IN YOUR AFFILIATE ACCOUNT.
NOTWITHSTANDING THE FOREGOING, WE SHALL NOT BE RELEASED FROM OUR LIABILITY TO REMIT TO YOU PAYMENT OF THE COMMISSION YOU HAVE ACCUMULATED, IF AND TO THE EXTENT YOU ARE ELIGIBLE UNDER THESE TERMS.
To the maximum extent permitted by law, you will indemnify, defend and hold harmless, us and our Staff, at your own expense and immediately after receiving a written notice thereof, from and against any damages, losses, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, your wrongdoing in connection with the Affiliate Program, your breach of the Terms, your violation, or infringement of any other person’s rights.
You and us may each, terminate these Terms at any time by providing the other party a seven (7) days advance written notice (which may be by email to our contact us email indicated below or to the email address you provided when registering), in which case we will initiate payout of the commission you have accumulated. Upon termination, we will terminate your Affiliate Account and block your access to, and use of, the Affiliate Program.
The following sections shall survive any termination, or expiration of the Terms: Content and transactions, Your privacy, Intellectual property, Limitation of Liability, Indemnity, Consequences of termination, Governing Law & Dispute Resolution, General.
Regardless of your place of residence or where you access or use the Affiliate Program from, these Terms and your participation in the Affiliate Program will be governed by and construed solely in accordance with the laws of the State of New York, USA excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of New York.
Subject to the exclusions below, any and all disputes, claims or controversies between you and us regarding these Terms or your participation in the Affiliate Program, which are not amicably resolved, shall be settled through binding arbitration (rather than in court) by telephone, online or based solely upon written submissions without in-person appearance, administered by the American Arbitration Association (AAA), under its Consumer Arbitration Rules (which are available at www.adr.org). Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. However, you may lodge claims in small claims court if your claim qualifies.
The Federal Arbitration Act and federal arbitration law apply to these Terms.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
Payment of filing, administration and arbitrator fees will be governed by the AAA's Consumer Arbitration Rules. These fees will be shared equally by you and us, unless the arbitrator: (i) determines that the claims are frivolous, in which case the claimant shall bear all such fees arising from the frivolous claim; or (ii) determines that the fees should be allocated differently.
You may opt-out of the above arbitration clause by emailing us to [email protected] , within 10 days of entering into these Terms, an opt-out notice that identifies yourself and clearly sets out your choice to opt out of dispute settlement by arbitration. In case of such opt-out, any and all disputes, claims or controversies between you and us regarding these Terms or your participation in the Affiliate Program, which are not amicably resolved, shall be subject to the exclusive jurisdiction and venue of the state and federal courts in New York County in the State of New York, USA.
Notwithstanding anything to the contrary in this section, either party may file: (a) an impleader claim against the other party in any court of competent jurisdiction; (b) in any court of competent jurisdiction a claim concerning the infringement (or alleged infringement) of intellectual property rights.
Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.
These Terms constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
These Terms may only be modified by written amendment. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative.
Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
You may not assign or transfer your rights and obligations under the Terms without our prior written consent. Any attempted or actual assignment by you, without our prior written consent, shall be null and void. Notwithstanding the provisions of applicable law, we may assign these Terms in their entirety, including all rights, duties, liabilities, performance and obligations therein, upon notice to you and without obtaining your further specific consent, to a third-party, upon a merger, acquisition, change of control or the sale of all or substantially all of our equity or assets. By virtue of such assignment, the assignee assumes our stead, and we are released from all right, duties, liabilities, performance and obligations.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court or arbitration tribunal, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.
You may contact us with any questions or comments, at: [email protected] .
Last Update: November 2016