By joining and participating in the Disbug Ltd ("Company," "we," "our," "us"), you ("Affiliate," "you," "your") agree to be bound by these Terms and Conditions for Affiliate Program ("Terms and Conditions").
2. Affiliate Enrollment
To enroll in the Affiliate Program you must: (1) complete the registration process, (2) agree to these Terms and Conditions for the Affiliate Program, and (3) provide a valid payment method for receipt of Affiliate Commissions.
3. Affiliate Advertising
You agree to use the promotional materials found in the Affiliate Dashboard only as authorized in these Terms and Conditions.
You agree not to use any illegal or inappropriate advertising technique.
You agree not to create advertisements on your site or social media that appear on sites that contain pornography; graphic violence; drugs; alcohol; gambling; content that is harmful, threatening, defamatory, unlawful, abusive, harassing, obscene, vulgar, hateful, or otherwise objectionable; or solicit unlawful or offensive behavior.
You agree not to engage in Black Hat SEO to generate more referrals for your affiliate links, including, but not limited to:
- Cloaking (i.e., showing one piece of content to search engines and another to the website viewer)
- Keyword stuffing (i.e., filling your content with irrelevant keywords)
- Sneaky re-directs (i.e., sending someone to a link other than the one they initially clicked while masking the original source)
- Link farms (i.e., entering into a reciprocal relationship with another website or paying a provider for inbound links)
- Private Blog Networks (i.e., a network of websites used to build links to a single website)
- Blog comment spam (i.e., spamming other blogs with your affiliate link in the comments)
You agree not to bid on keywords containing "Disbug" including any misspelling or variations thereof or in sequence with any other keyword(s), for Pay-Per-Click or Pay-Per-Impression campaigns on any search engine (including, but not limited to, Google, Yahoo, Bing, or MSC) or any social media platform (including, but not limited to, Facebook, Instagram, or Pinterest).
You agree that your domain or sub-domain name shall not contain "Disbug" including any misspelling or variations thereof.
You agree that your social media accounts shall not contain "Disbug" including any misspelling or variations thereof, in the username or page name.
You agree not to “self-refer” using your affiliate links, meaning only transactions with other persons will result in affiliate commissions.
You agree not to post your affiliate link on our social media accounts in an attempt to generate more referrals for your affiliate links.
You agree not to advertise through a sub-affiliate network since any and all affiliates must agree to these Terms and Conditions.
You agree not to offer any promotional offer or price-saving method, including, but not limited to, coupons or discount codes, without our prior approval in writing.
You agree that your website (any website that you link to disbug.io) will not give the impression that it is disbug.io or any part of disbug.io.
From time to time the Company may elect to offer the Affiliate coupons to use when promoting Disbug. The Affiliate is only authorized to use coupons which have been assigned specifically to the Affiliate. In addition, the Affiliate shall not place any coupon offered by the Company on any coupon website. Coupons are intended to be used by the Affiliate exclusively on their website(s) or in their legitimate marketing communications.
5. Tracking Cookies
The affiliate commission will be credited to the last affiliate link the customer clicked before making a purchase. Commissions shall not be shared between Affiliates.
The Company bears no responsibility if the customer has deleted their browser cookies either intentionally or unintentionally. No Affiliate commission will be paid for tracking errors of any kind, including, without limitation, any tracking errors caused by Affiliate’s editing, masking or tampering with links.
The affiliate is eligible for recurring commissions till the time affiliate’s referred customer stays an active customer and keeps on renewing their subscription.
The recurring commission that the affiliate would be eligible for would be 25% of the amount paid by the customer for the continuation of services.
The Affiliate expressly agrees that commission is paid based on the price paid by the customer exclusive of VAT or any other tax or fee.
The commission rate is subject to change without prior notification at any time or from time to time, in the Company’s sole and absolute discretion. The Affiliate will be notified of any change in the commission rate.
7. Commission Payments
We process commission payments once per month in the first week of every month.
Payment shall be only be made if total pending commission balance of the Affiliate’s is more than $25. If the balance of commissions due is less than $25 the balance shall remain in the Affiliate’s account until the next payment cycle in which the balance of commissions due exceeds $25.
Subscriptions where no income is realized for any reason, including but not limited to credit card fraud, bad debts, cancellations, chargebacks, and credits for returned hosting services, are not eligible for a commission.
Affiliate commissions are paid out via bank transfer and you are responsible for any and all transaction fees.
You agree to ensure that your information, including, but not limited to, your name, email address, bank account information, and any other details we may require are kept up to date. Your commission payments will be suspended until we have all required information. Payment on your suspended commissions can be claimed up to 3 months from the date they would have otherwise been due to be paid. After the 3 months you forfeit any accrued, unpaid commissions.
We are not responsible if you provide incorrect payment information and cannot guarantee the ability to resend payments due to errors in the payment information you provided.
You are also responsible for all taxes and reporting requirements in connection with your affiliate commissions.
8. Fraud Policy
Affiliates found to have knowingly referred fraudulent customers shall be removed from the Affiliate Program immediately and all commissions earned by the Affiliate shall be forfeited.
Fraudulent customers referred without the Affiliate’s knowledge of the referred customer’s fraudulent activity shall not be cause for removal of the Affiliate from the Affiliate Program. However, future commission payments to the Affiliate shall be adjusted to reflect the income lost due to fraud committed by the referred customer.
Should we identify a pattern or unusually high frequency of fraudulent activity committed by an Affiliate’s referred customers, we will take appropriate action such as advising the Affiliate to modify practices which are attracting fraudulent customers or terminating the Affiliate’s membership in the Affiliate Program.
If fraud is detected and we return funds to the victim of said fraud, commissions payable to the Affiliate shall be recalculated retroactively. Affiliates shall not be required to return commissions, but commissions associated with fraudulent activity will be deducted from approved commissions to be paid in the future.
9. Affiliate Responsibilities
You agree not to violate any laws, regulations, regulatory rules, or guidelines in connection with your participation in the Affiliate Program.
You agree not to engage in any behavior that is fraudulent or harmful to us or that would damage our reputation.
10. Affiliate Privacy Requirements
You agree to comply with any and all laws, regulations, regulatory rules, and/or guidelines in your jurisdiction with respect to the collection and use of personal information, including, but not limited to, names, email addresses, and phone numbers.
You agree to respect the privacy of consumers and be transparent about your data collection and use practices.
11. Intellectual Property
The promotional materials provided in the Affiliate Dashboard may contain logos, trade names, or service marks. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free license to access, download, and use the promotional materials found in the Affiliate Dashboard and to establish hyperlinks between your and our websites for the sole purpose of promoting Disbug. We reserve all other intellectual property rights.
You may not edit the graphics provided in the Affiliate Dashboard any way
Except as to the limited license provided by these Terms and Conditions, you do not obtain any intellectual property rights with respect to Disbug.
Except as to the limited license provided by these Terms and Conditions, you and us retain all right, title, and interest to your and our rights and no right, title, or interest is transferred to the other.
Upon termination of your participation in the Affiliate Program, the limited, non-exclusive, non-transferable, non-sublicensable, revocable license shall also terminate.
12. Independent Contractor Status
You agree that you are an Independent Contractor and nothing in these Terms and Conditions shall create any partnership, joint venture, agency, franchise, sales representative, or employment relationship.
You agree that you have no authority to act, to make any representation, to enter into any contract or commitment, or to incur liability on behalf of the Company.
You shall cooperate with us to complete any documentation necessary to comply with applicable tax obligations, including, but not limited to, a Form W-9.
13. Earnings Disclaimer
You understand and agree that your success in the Affiliate Program depends entirely on your business experience, motivation, and individual capacity.
We make no guarantees of any kind as to your earnings and income from the Affiliate Program.
14. No Warranty or Liability
WE MAKE NO REPRESENTATION THAT THE OPERATION OF THE AFFILIATE PROGRAM AND disbug.io WILL BE ERROR FREE OR UNINTERRUPTED AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS, ERRORS, OR LOSS OF DATA.
THE AFFILIATE PROGRAM, THE PROMOTIONAL MATERIALS, AND disbug.io ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
YOU AGREE THAT Terahog Labs AND disbug.io ARE NOT LIABLE TO YOU OR OTHERS IN ANY WAY FOR DAMAGES OF ANY KIND ARISING FROM THE AFFILIATE PROGRAM, THESE TERMS AND CONDITIONS, OR THE USE OF disbug.io, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND/OR SPECIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW IN THOSE JURISDICTIONS.
YOU AGREE THAT Terahog Labs AND disbug.io ARE NOT LIABLE FOR ANY LOSS INCURRED BY YOU OR YOUR BUSINESS, INCLUDING, BUT NOT LIMITED TO, LOSS OF CLIENTS, LOSS OF GOODWILL, LOSS OF INCOME OR REVENUE, LOSS OF ANTICIPATED INCOME, LOSS OF SALES, LOSS OF DATA, COMPUTER FAILURE, COMPUTER VIRUS OBTAINED BY USE OF OUR WEBSITE OR ITS CONTENT, OR ANY OTHER SIMILAR ISSUE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND.
Terahog Labs AND disbug.io’S CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE TO YOU OR OTHERS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AFFILIATE COMMISSIONS PAID TO YOU DURING THE ONE MONTH PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY.
We expressly exclude any liability to the fullest extent of the law.
By participating in the Affiliate Program, you agree to this limitation of liability and release Terahog Labs from any and all claims.
You agree at all times to defend, hold harmless, and indemnify Terahog Labs, and any affiliates, agents, directors, officers, employees, shareholders, partners, members, or other party associated with Terahog Labs, from any and all claims, causes of action, losses, damages, lawsuits, judgments, including attorney’s fees and costs, arising from the Affiliate Program and these Terms and Conditions, as well as any third-party claims of any kind arising from your actions in relation to the Affiliate Program.
Should we be required to defend ourselves in any action directly or indirectly involving you, you agree to provide any documents, testimony, evidence, or other information we deem useful to us free of charge.
No failure to exercise and no delay in exercising any right, remedy, or power under these Terms and Conditions shall operate as a waiver thereof.
You may not assign the rights or obligations set forth in these Terms and Conditions.
18. Entire Agreement
These Terms and Conditions express the full and complete understanding of you and us with respect to the Affiliate Program and supersede all prior or contemporaneous proposals, agreements, representations and understandings, whether written or oral, with respect to the Affiliate Program.
You may terminate your affiliate account at any time and for any reason by emailing us at [email protected]
We reserve the right to terminate your participation in the Affiliate Program at any time and for any reason, with or without notice.
Any affiliate commissions due at the time of termination will be paid in accordance with the regular payout cycle if your termination is for any reason other than failure to comply with these Terms and Conditions.
Failure to comply with these Terms and Conditions will result in the termination of your right to participate in the Affiliate Program and your forfeiture of any accrued, unpaid commissions.
Upon termination of your affiliate account, you shall remove any and all promotional materials, hyperlinks, logos, trade names, or service marks of Terahog Labs and Disbug from your website and social media within five (5) business days.
If any provision of these Terms and Conditions shall be declared unenforceable or invalid, all remaining provisions shall remain in full force and effect.
21. Modification of Terms and Conditions
We may change, modify, or update these Terms and Conditions at any time and for any reason in our sole discretion. We will notify you of any such revisions by email (if you have provided your email to us) and/or a prominent notice displayed in the Affiliate Dashboard and a modified effective date on the Terms and Conditions.
The revised Terms and Conditions will be effective immediately. If you do not agree to the revisions, you must terminate your affiliate account within 10 days of the revisions.
22. Contact Us
If you have any questions, please send an email to [email protected]