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Affiliate Program Terms

By joining the Bytesim Affiliate Program you agree that you have:

  • read and accepted these rules 
  • read and accepted the website terms and conditions 
  • read and accepted the privacy policy.

1. STANDARD TERMS

1.1. The Affiliate shall be entitled to receive the Commission for a specific purchase, only if the End User makes a purchase within 30 days (cookie duration) after clicking on the affiliate link or if an End User uses the Affiliate’s tracked coupon.

1.2. Unless specifically agreed to, the commission rate for all Affiliates for the Bytesim Affiliate program is set to 10% per sale. Bytesim reserves the right to change the commission rate or remove it at any time without any prior notice to Affiliates.

2. ENGAGEMENT OF END USERS

2.1. The Affiliate agrees to refer End Users to Bytesim for the purpose of acquiring the Services as requested by the End Users on such terms as specified within these terms.

2.2. The Affiliate acknowledges and agrees that Bytesim may at any time appoint other Affiliates to refer the Services

2.3. The Affiliate must not and ensure that its Representatives do not:

2.3.1 represent or pass off that the Affiliate is Bytesim (or a Related Entity or Related Body Corporate of Bytesim) or that the Affiliate is in any way associated, related or affiliated with Bytesim, save as to the extent of any relationship expressly created by Bytesim; or

2.3.2 amend or alter, or purport to amend or alter, the terms and conditions, including the End User Agreement, on which Bytesim is prepared to supply the services to an End User, without Bytesim's written consent.

2.3.3 engage in any activity detrimental to the good name or reputation of Bytesim or which may have a negative impact on brand image or the products sold through Bytesim

3. OBLIGATIONS OF THE AFFILIATE

3.1 By joining this affiliate program, the Affiliate must:

3.1.1 cooperate fully with Bytesim in order to establish and maintain the Links and use the Links in compliance with and for the purposes of these terms;

3.1.2 display the Links or promotional codes prominently in relevant sections of their website;

3.1.3 clearly disclose to End Users that the Affiliate receives Affiliate Commissions for Referrals;

3.1.4. conduct its business in a proper and professional manner to a standard reasonably satisfactory to Bytesim and in accordance with these terms;

3.1.5. exercise all reasonable care and skill in performing its duties under these terms and in all matters act in good faith towards Bytesim;

3.1.6 advise Bytesim immediately of any complaints in relation to the Services and not attempt to handle complaints and service and connection enquiries;

3.1.7 notify Bytesim where there is a proposed Change of Control;

3.1.8 comply at all times with all laws, directives, standards, codes and regulations which are applicable to the marketing and promotion of the Services including but not limited to statutes relating to telecommunications, privacy, trade practices, and fair trading;

3.1.9 comply with all directions and orders issued by a regulatory body under applicable laws from time to time, to the extent that such directions and orders may affect the sale of the Services in any way; and

3.1.10 provide Bytesim with all information that it reasonably requires to provide the Services;

3.1.11 take full responsibility for actions of its employees and agents in marketing, promoting and soliciting applications for the Services; in all its dealings with End Users and prospective End Users, take all steps necessary to protect and safeguard the reputation of Bytesim;

3.2 The Affiliate must comply to follow the following program’s prohibited practice and strictly refrain from any and all of the below:

3.2.1 Use any trademark of Bytesim, its Related Bodies Corporate or its Suppliers in marketing and promoting the Services, other than as approved by Bytesim or its Suppliers from time to time;

3.2.2 Use cookie stuffing techniques that set the Affiliate tracking cookie without the End User’s knowledge; 

3.2.3 Give any warranty or undertaking to any person in relation to the sale of the Services other than as Bytesims permits from time to time;

3.2.4 Unreasonably withhold or delay any action, approval or decision which is required to refer a Service;

3.2.5 Incur any liability on behalf of Bytesim or in any way pledge or purport to pledge Bytesim's credit;

3.2.6 Modify or alter any of the Intellectual Property other than as allowed by these terms;

3.2.7 Engage in misleading or deceptive conduct.

3.2.8 Use any type of bidding on Bytesim trademark terms through keyword bidding and other paid search on Google, Bing, Yahoo, MSN, or any other search engines, and their extended search networks. This restriction includes (but not limited to): "Bytesim" and/or any misspellings or similar versions of these - be it separately or together with other keywords;

3.2.9 Use trademarks on ad texts

3.2.10 Create social media pages under the term "Bytesim”

3.2.11 Use Bytesim.com as an ad copy display URL.

3.2.12 Promote fake coupons, misleading promotions. Affiliates must only share coupons which have been provided by the Bytesim Team or shared on the Affiliate Platform.

3.2.13 Bid Creating social media pages under the term "Bytesim”on "trademark term" and "trademark term + term"

3.2.14 Use a domain that has Bytesim trademarks in order to market as Bytesim

3.2.15 Illegally attempting to obtain or illegally obtain Commission, in particular by impersonating a third party, whether actually existing or fictitious, in order to receive Commission through Bytesim Affiliate Program

3.2.16 Failure to comply with these rules may result in the removal from the affiliate program and reversal of any pending commission payments.

4. AFFILIATE FEES 

4.1 Bytesim reserves the right to withhold Affiliates Fees and terminate these terms at its sole discretion in the event that the Affiliate is considered to not be compliant with the legal obligations specified in these terms

4.2 Bytesim is not required to pay Affiliates Fees for Referrals for any of the following:

4.2.1 A purchase by an End User in which the Affiliate was not the last click referrer

4.2.2 A purchase by an End User who is also associated with any Bytesim reseller, referral, or other programs;

4.2.3 A purchase that was completed prior to the Affiliate executing these terms or was not tracked properly through Bytesim's referral program

4.2.4 A purchase that Bytesim suspects, in its sole discretion, is the result of fraud, which shall include but is not limited to, the use of software that generates real and fictitious information, multiple accounts from the same customer, or the referral of accounts that do not comply with these terms;

4.2.5 A purchase referred by an Affiliate that has an excessive cancellation rate as determined in Bytesims sole discretion;

4.3 Unless pre-agreed with Bytesim, any purchase made by an End User that includes a coupon, any refunds, credits or discounts that may or may not have been offered directly by the Affiliate;

4.3.1 A purchase by an End User engaging in "Domain Speculation" as determined by Bytesim in its sole discretion.

4.3.2 A purchase made by the Affiliate, using their own Link. 

4.4 Commissions are eligible for a check up to the 27th day of the month following the month in which the sale was recorded, after which the transactions are locked in for payout in the subsequent month

4.5 Bytesim reserves the right to suspend the payment of Affiliate’s Fees at any time and indefinitely if it suspects fraud or other improper activity or a potential breach of any of the terms of these terms by the Affiliate or End User.

4.6 The Affiliate will be paid commissions for sales generated in any given month on the 20th day of the second month following the given month. For example - commissions for sales generated in the month of March will be paid out by the 20th of May

4.7 Any Commission received by the Affiliate is gross remuneration, including VAT. If the activities for which the Commission is paid are subject to VAT, the Affiliate is solely responsible.

Any attempt by an Affiliate to manipulate, falsify or inflate Affiliates Fees to intentionally defraud Bytesim or any violation of these terms constitutes immediate grounds for Bytesim to terminate these terms and will result in the forfeiture of any Affiliates Fees due to the Affiliate.

4.8 Bytesim has the right to verify the truth and accuracy of any affiliate information at any time. Please be advised that if any information is determined by Bytesim to be misleading, inaccurate or untruthful, Bytesim may restrict, deny or terminate the Affiliate account and/or earnings and/or access and use of the Affiliate Program.

4.9 If either party wishes to dispute all or part of the Affiliate Invoice, it may only do so in accordance with the following:

4.9.1 The dispute must be based on reasonable grounds and made in good faith; and

4.9.2 The part of any invoice which is not in dispute must be paid to the receiving party.

4.9.3 The parties must use their reasonable endeavors to promptly resolve any dispute

4.10 Bytesim reserves the right to cancel commissions from refunded transactions at any time.

5. CONFIDENTIALITY

5.1 Each party must:

5.1.1 keep the other party’s Confidential Information confidential;

5.1.2 use the other party’s Confidential Information only as permitted by or for the purposes of these terms, to comply with obligations imposed on the Affiliate or its Related Bodies Corporate by law and to comply with directions and orders issued by a Regulator; and 

5.1.3 disclose the other party’s Confidential Information only:

5.1.3.a) to those of its employees and those of its Related Bodies Corporate employees who have a need to know and who have agreed to keep it confidential; and

5.1.3.b) as required to facilitate the use of the other party’s Confidential Information as permitted under this clause 12.1 or as otherwise specified in these terms.

5.2 The obligations of confidentiality do not apply to Confidential Information:

5.2.1 that is in the public domain other than as a result of a breach of these terms or other obligation of confidence; or

5.2.2 that is already known by, or rightfully received, or independently developed, by the recipient free of any obligation of confidence.

5.3 Either party may disclose Confidential Information of the other party where such Confidential Information is disclosed in compliance with an applicable law or a court order, provided that, prior to disclosing any such Confidential Information, the party making the disclosure has, where practicable, given the other party reasonable advance notice of such law or order and an opportunity to preclude or limit such production. 

5.4 If it is uncertain as to whether:

5.4.1 any information is Confidential Information; or

5.4.2 any Confidential Information is publicly available, that information will be taken to be Confidential Information and not generally available to the public unless Bytesim advises the Affiliate in writing to the contrary or a court declares it to be publicly available.

6. TERMINATION

6.1 Without prejudice to any of Bytesim's other rights under these terms, Bytesim may at any time for its sole convenience and for any reason, by written notice to the Affiliate, terminate  their engagement with Bytesim effective from the time stated in Bytesim's notice, or if no time is stated, at the time the written notice is given to the Affiliate.

6.2 The Affiliate may terminate these terms at any time by opting out of the Bytesim Affiliate Program. No payouts will be made to the Affiliate for any sales generated after termination of these terms.

6.3 The parties may, by agreement, terminate these terms upon such terms as agreed.

6.4 Bytesim may terminate these terms if:

6.4.1 the Affiliate breaches a Material Term of these terms and fails to remedy that breach within ten (10) Business Days after receiving a warning from Bytesim

6.4.2 the Affiliate promotes fake coupons or misleading promotions and fails to remedy that breach within ten (10) Business Days after receiving a warning from Bytesim.

6.4.3 the Affiliate breaches any other provision of these terms that is capable of being remedied and fails to remedy that breach within twenty (20) Business Days after receiving notice from Bytesim requiring it to do so;

6.4.4 there is a Change of Control of the Affiliate;

6.5 On termination of these terms, the Affiliate must immediately:

6.5.1 stop promoting and selling the Services to End Users;

6.5.2 delete from their systems and Databases any and all information provided by Bytesim during the term of the affiliate work, including but not limited to data, confidential information, intellectual property of any other material provided directly to the Affiliate, but not including any information which the Affiliate is required by law to retain.

7. LIABILITIES AND INDEMNITIES

7.1 The Affiliate will be responsible for all liabilities incurred:

7.1.1 in respect of its conduct of its business;

7.1.2 in respect of any penalty, fee or fine imposed under any Law in connection with a breach or threatened breach of these terms or of any Law and

7.1.3 a result of its breach of these terms;

7.2 The Affiliate must indemnify Bytesim against all suits, proceedings, actions, claims, demands, costs and expenses suffered by or made against Bytesim arising after or in connection with these liabilities.

7.3 Except as specifically set out in these terms:

7.3.1 Bytesim makes no representation, nor gives any warranty, in relation to any information and assistance provided in relation to the sale of the Services or the performance of the Services, unless otherwise provided for in writing; and

7.3.2 Bytesim will not be liable for any direct or indirect Loss or Consequential Loss suffered by the Affiliate or any other third party.

7.3.3 The Affiliate must indemnify and keep Bytesim harmless in respect of any Losses, costs, claims, demands and expenses (including legal fees on a solicitor/client basis) of whatever nature arising as a result of a breach of these terms by the Affiliate or its employees, including but not limited to liabilities that may pass through from a Supplier.

7.3.4 The Affiliate represents and warrants that it is duly incorporated under the jurisdiction of your incorporation, with all requisite power and authority, to enter into these terms and perform all obligations under these terms.

8. RELATIONSHIP BETWEEN THE PARTIES

8.1 The Affiliate is an independent party and no agency, employment, Affiliates or other relationship will exist between the Affiliate and Bytesim. Nothing in these terms shall be deemed or construed to render Bytesim liable for any costs, obligations or expenditures
pursuant to any relevant employment laws.

8.2 The Affiliate must not act as an Employee of Bytesim

8.3 The Affiliate will have no authority to bind Bytesim legally with respect to any third party unless expressly authorised in writing to do so by Bytesim.

8.4 Bytesim reserves the right to change the Affiliate Program terms at any time.