Affiliate Member Agreement - Terms, Conditions and Privacy Policy

Thank you so much for your interest in becoming part of the Xpoleus.com Affiliate Program.
To ensure a successful affiliate relationship, please familiarize yourself with this Affiliate Agreement and review the xpoleus.com Privacy. As a xpoleus.com affiliate, you will be able to earn referral fees by promoting the xpoleus.com products, namely, a dance & sport poles and its parts.

In order to become a xpoleus.com affiliate, you have to agree to this Affiliate Member Agreement. If you chose not to agree, you can not become xpoleus.com affiliate and kindly leave our affiliate program pages.

This Affiliate Service Agreement (the "Agreement") is made by and between Xpoleus.com LLC, a Los Angeles, USA, and you, as an Affiliate utilizing the xpoleus.com service ("You", "Your", "Affiliate").

You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and using the Service as an Affiliate. By signing up for xpoleus.com, you indicate Your acceptance of this Agreement and its terms and conditions

The following agreement is summarized as follows:

• You place our xpoleus.com links and/or banners on your site as you see fit, or within non-spam emails.
• We may email you concerning new merchant programs
• We might change the service here and then
• Hate, Racist, Warez, Cracking, Hacking, Illegal activity promoting or other crime related sites are not allowed!
• You will be paid your commissions, at such time as your account balance is $100 or more.
• All statistics are collected and calculated by Xpoleus.com, and will be the only valid stats used for determining commissions.
• Any page that contains xpoleus.com links, banners, or code must be written in English.
• As an affiliate, you can only have 1 account. You can post our banners on multiple, but only one account is allowed. Self-referrals for affiliate or merchant accounts are strictly prohibited.
• Your physical address listed for receiving checks MUST be your actual address. Mail forwarding services, for the purpose of avoiding network demographics, is NOT allowed. For example, if you choose USA as your country, you must be in the USA.
• This affiliate program is open only to US and Canada residents.
• You won't hold us liable for anything, a link to a non-xpoleus.com Web site does not mean that xpoleus.com endorses or accepts any responsibility for the content or the use of such Web site.
• Spamming is strictly prohibited. You cannot spam. If you spam and/or use xpoleus.com banner/links your account will be terminated. Do not send email to lists or groups that you do not have permission to send to.
• You may place banners or links within your newsletters, in content of your website, or within other web related content.
• Affiliate accounts that are left inactive will be removed from our system if their balance is equal to or less than $25 and account that has not been logged in to for a period of 6 months, nor have any transactions been posted to that account.
• It is not allowed to display of a merchant window that isn't the result of a direct click by the end-user.
• Failure to abide by these rules could mean termination from a given merchant program, or from xpoleus.com completely with a complete forfeit of commissions.
• Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales using robots, frames, iframes, scripts, or manually, for the sole purpose of creating commissions. Any attempted fraud or fraud will result in immediate membership termination and voided commissions.
• It is not allowed to refer yourself as a Merchant with Xpoleus.com and receive commission.

PRIVACY POLICY

xpoleus.com respects the privacy of its users and will not disclose personal information to third parties.

DEFINITIONS

"Performance Marketing" occurs when individual web sites that generate their own traffic ("Affiliates") partner with online Merchants ("Merchant")’s and the Merchant pays a commission or other reward for those Visitors resulting in a measurable action such as a closed sale, lead, hit, or other action.

"Affiliate" means an individual or business generating their own traffic and thus rewarded for legitimate sales, leads, clicks, or other measurable action. Affiliates use Xpoleus.com to facilitate relationships with Merchants as well as gain tracking, reporting, and receipt of commission payment.

"Merchant" means an e-commerce entity paying a commission or bounty for legitimate sales, leads, clicks, or other measurable action by a Visitor. Merchants use Xpoleus.com facilitate relationships as well as gain tracking, reporting, and issuance of commission payment.

"Visitor" means any person, or user that clicks on a Link to a Merchant’s Web site placed on an Affiliate's Web site.

"sale commission" means the Payout the Merchant sets and agrees to pay for Visitors referred to the Merchant's Web site that results in a sale of a product or service. The sale could occur at the time of the visit or at a later time not to exceed 60 days. If a sale occurs after 60 days and the Visitor has not returned through an authorized Affiliate's site, then no Payout shall occur.

"lead commission" means the Payout the Merchant sets and agrees to pay for Visitors referred to the Merchant's Web site that results in the Visitor performing an action defined by the Merchant. Such an action could include filling out a form, joining a mailing list, or other mechanism to identify potential customers. The action could occur at the time of the visit or at a later time not to exceed 60 days. If an action occurs after 60 days and the Visitor has not returned through an authorized Affiliate's site, then no Payout shall occur.

"Payout" means the amount of sale commission, lead commission, or click commission a Merchant agrees to pay for an individual measurable action. The Payout is defined as either a percetage of a total sale amount, or as a set bounty (flat rate) per action.

"Commission" means the amount sale commission, lead commission, or click commission a Merchant agrees to pay for an individual measurable action. The Payout is defined as either a percetage of a total sale amount, or as a set bounty (flat rate) per action.

"Link" means a hyperlink placed on an Affiliate's site that, when clicked on, sends a Visitor through to a Merchant website via redirection at Xpoleus.com. Links take many forms including text, a product image, buttons, banners, videos or any other format acceptable to the Merchant.

"VOID" means a reversal of a Payout previously earned for a sale, lead, or click that is later rescinded or corrected by the Merchant. Merchant's may VOID transactions that are fraudulent, or in the case of returned merchandise, duplicate transactions, or other valid reasons.

"Your Account" means a specific account within the Service, where Commissions are credited.

AFFILIATE PAYMENT

You will receive a Commission on every closed sale which results from your xpoleus.com affiliate banners/links. In order to place Links, You must first be approved by a Merchant to become an Affiliate of that Merchant’s program. You understand that the Payout amount may be changed at any time. This information is also available to You at the xpoleus.com Member’s Area. You are responsible for determining if the Payout for a Link You have placed on Your site has changed or been discontinued. You receive the Commission from xpoleus.com. Payments are made automatically on the twentieth (20th) day of each month when Your account balance reaches $50 or more for the previous months' transactions. Money credited to Your Account does not accrue interest. In the event of a VOID by a Merchant, xpoleus.com may recover from You the corresponding Commission previously credited to Your Account. The VOID Commission will be immediately deducted from Your Account balance. In the event that Your Account balance is less than the VOID Commission, the VOID Commission will be deducted against Your future earnings. You will NEVER be asked to send money to xpoleus.com

The affiliate commission rate is a subject to change without any prior notice.

The commission is paid to you on every successfully closed sale through xpoleus.com website. By successfully closed sale is considered any xpoleus.com merchandise sold to a buyer who found our site and its products through xpoleus.com affiliate links and/or banners. You will not earn any commission for sales which were voided, canceled, refunded or happened by fraud, illegal use of bank account or creditcard or other illegal or prohibited activity.

SERVICE AND SUPPORT

xpoleus.com will provide support for the Service as indicated on the xpoleus.com Web site.

EMAIL CONTACT

xpoleus.com reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any xpoleus.com related products and services.

CHANGES TO THE SERVICE

xpoleus.com reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. In the event of any material change, xpoleus.com will notify You via e-mail, newsletter or the xpoleus.com Web site at least 7 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the Service.

REGISTRATION

To sign up as an Affiliate of xpoleus.com and to use the Service as an Affiliate Partner you must be at least 18 (eighteen) years of age, and supply a valid tax-id, which may be your social security number for individuals, or a federal tax-id for corporations or entities.

It is require that you fill out all registration form fields with correct information. You are allowed to edit your personal or company information in you affiliate member area in case your address, website, phone # or etc. will change. You are not allowed to change your e-mail.

Only affiliates with correct tax and contact information (name, mailing address, e-mail and phone number) are eligible for commission payout. If your account is missing any of above mentioned requirements, your commission will not be paid.

As part of the registration process, You will select a username (your valid email) and password combination that You use to access Your Affiliate area within the Service. You shall provide xpoleus.com with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to Your true identity. You agree that xpoleus.com may rely on any data, notice, instruction or request furnished to xpoleus.com by You which is reasonably believed by xpoleus.com to be genuine and to have been sent or presented by a person reasonably believed by xpoleus.com to be authorized to act on Your behalf.

You shall notify xpoleus.com by e-mail at support@xpoleus.com of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password. You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by You to use Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by xpoleus.com and referral to the appropriate law enforcement agencies.

ACCEPTED USE

You represent to xpoleus.com that all content You provide to the Service is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate of the Service any content, or Web site that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As xpoleus.com may not review all information provided by You, You shall remain solely responsible for Your content and Web site. As an Affiliate, You may not artificially inflate traffic or sale counts to Merchant site(s) using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects. You may not click on Your own banners and/or links or submit multiple leads to Your Merchant partners.

If You are terminated from the Service, xpoleus.com has the right to withhold money You earned within the Service or money that You owe within the Service and You will not be allowed to re-join xpoleus.com.

LIMITED WARRANTY

The Service, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, xpoleus.com DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, xpoleus.com SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The Merchant will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold the Merchant liable for any of the consequences of such interruptions. MERCHANT SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. MERCHANT SHALL HAVE NO LIABILITY WITH RESPECT TO MERCHANT OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF MERCHANT HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF MERCHANT HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY MERCHANT AS A DIRECT RESULT OF THIS AGREEMENT.

LIMITATION OF LIABILITY

xpoleus.com OR ITS SUPPLIERS OR RESELLERS OR MERCHANTS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE xpoleus.com SERVICE OR ANY INFORMATION PROVIDED ON THE xpoleus.com WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF xpoleus.com OR A xpoleus.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, xpoleus.com'S LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.

You agree that xpoleus.com, although the provider of the Service, has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You, and the Merchant, jointly and severally agree to indemnify, defend, and hold harmless xpoleus.com and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.

xpoleus.com agrees to indemnify, defend, and hold harmless Affiliate and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to xpoleus.com's negligence or willful misconduct in performance of the Services or its breach of this Agreement.

NON-DISCLOSURE

xpoleus.com acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information ("Confidential Information") of Your company. xpoleus.com agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term "Confidential Information" shall not include information that is or becomes part of the public domain through no action or omission of xpoleus.com, that becomes available to xpoleus.com from third parties without knowledge by xpoleus.com of any breach of fiduciary duty, or that xpoleus.com had in its possession prior to the date of this Agreement. xpoleus.com does not collect information about a Merchant’s customer transactions, other than what is passed to us through the installed tracking code and displayed on Your own transaction reports. Any information we receive is used solely for tracking and Commission payment purposes. xpoleus.com reserves the right to be able to utilize this data in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other analysis as xpoleus.com deems appropriate.

OWNERSHIP AND LICENSES

You, the Affiliate, are granted a non-exclusive, limited, revocable right to use Merchant provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of the Merchant, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain the Merchant’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content, the HTML code or any of the images provided to You in any way.

A Merchant may immediately terminate Your license to use the marks if the Merchant reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by the Merchant above. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge the Merchant’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of the Merchant.

REPRESENTATIONS

xpoleus.com makes no representations whatsoever about any other Web site which You may access through the Service. In addition, a link to a non-xpoleus.com Web site does not mean that xpoleus.com endorses or accepts any responsibility for the content or the use of such Web site.


FORCE MAJEURE

Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.

JURISDICTIONAL ISSUES

This Agreement shall be governed by California, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of California, USA and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.