Affiliate Agreement

Affiliate Agreement

SendViper Affiliate Agreement


Effective: 05/26/2016

THE FOLLOWING IS A LEGAL AGREEMENT BETWEEN YOU AND MonsterClicks LLC d/b/a SendViper™, a Wyoming limited liability company (“SendViper,” “we,” “us” or “our”).

BY SIGNING UP AND SUBMITTING THE AFFILIATE REGISTRATION FORM, AND BY REFERRING VISITORS, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTOOD THE AFFILIATE TERMS AND CONDITIONS AND THAT YOU WILL BE HELD LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

If you have any questions or comments about these Terms of Use (the “Agreement”), please contact Monster Clicks LLC d/b/a SendViper, a Wyoming limited liability company (“SendViper,” “we,” “us” or “our”), by writing to us at:  Monster Clicks LLC, Attn: Support, 3773 Howard Hughes Pkwy, Suite 500 South, Las Vegas, NV 89169-6014, United States, via email at support@sendviper.com or via telephone at (917) 397-0383.

1. Agreement

This agreement explains the terms and conditions for your involvement in the SendViper affiliate program and partner program “Profit Strike”. The term “Affiliate” refers to you, the user. For this affiliate agreement the term “SendViper” refers to the affiliate program service owner, Monster Clicks LLC.

The SendViper affiliate program is in part administered through a 3rd party affiliate management company, Tapfiliate, and also in part through the SendViper affiliate platform itself.

2. Modification

SendViper reserves the right to modify this affiliate agreement at our sole discretion and at any time. Modifications may include, but not limited to changes of referral fees, referral percentages, payment procedures, payment schedules and affiliate program terms. SendViper will provide you with notice of such change and any information required to be known by the affiliate. Any modifications found to be unacceptable to the affiliate, your only option is to terminate this agreement and discontinue use of the SendViper affiliate program. If you continue involvement in the affiliate program this will be considered your acceptance of any and all term changes.

3. Enrollment

To join the SendViper affiliate program you are required to signup at least as a free SendViper member. Both free and paying members of SendViper are capable of accessing the affiliate program by viewing the “Profit Strike” Affiliate Dashboard.

4. Payment

SendViper pays affiliates via PayPal. The affiliate must provide us with their PayPal email address by first registering as a free or paying member then visiting the “Profit Strike” Affiliate Dashboard. The affiliate PayPal email address must be verified in the SendViper system. If the affiliate PayPal email changes it is the sole responsibility of the affiliate to update it to ensure successful payments. We are unable to resend payments if an incorrect PayPal payment email address is present at the time of payment.

A completed W-9 form is required for all United States residents. A completed W-8BEN is required for all International residents. Tax documents are required on file for each affiliate and can be uploaded in the “Profit Strike” Affiliate Dashboard under the ‘Profile’ tab.

Commissions are verified at the end of each month and paid on a NET 30 basis. Payments will be sent in the first week of each month. For example, any commissions earned in January will be paid in the first week of March. To qualify for a payment the affiliate must meet our payout threshold of $25. If the threshold is not met at the time of payout, commissions will be sent the following month.

5. Commissions

Free affiliate accounts will receive a single tier 25% commission of revenue from orders placed via their unique affiliate tracking link. Paying members of SendViper are automatically signed up to the SendViper partner program “Profit Strike” and receive commissions based on a 5 tier structure. The 5 tiers are 25% for tier 1, 10% for tier 2, 5% for tier 3, 3% for tier 4, 2% for tier 5. SendViper reserves the right to make changes to any commission percentages at any time.

For a commission to qualify for a payout to the affiliate, the referred customer must register their SendViper account and make a full payment for the service ordered through the secure order form. Only customers who have clicked and been referred to SendViper via a proper affiliate link will result in commissions being paid, no exceptions.

6. Fulfillment

SendViper is solely responsible for processing each registration and payment placed by a customer referred via an affiliate link. Affiliates do not collect payments under any circumstance and are not authorized to do so. Affiliates are not authorized to sell any SendViper services on other websites as a “reseller” or sell with “resale” rights. Affiliates are not authorized to promote or sell any SendViper services on eBay or similar auction websites. Affiliates are not authorized to give away account access, “copies” or any related promotion terminology. SendViper affiliates may provide free bonuses of their own unique material as a promotional method when a referral signs up via their affiliate link. Affiliates may provide customer support for their own referrals, however SendViper should be considered the main customer service platform for all referred customers. Affiliates acknowledge that no physical products are shipped.

All customers referred to SendViper via an affiliate are required to follow all rules, policies, and operating terms as a normal member.

7. Affiliate Tracking URL

All affiliates are automatically provided with a unique URL for tracking referrals which will allow the affiliate to be paid for customers they refer.

8. Qualifying Websites

SendViper reserves the right to refuse and reverse commissions for customers referred by an affiliate if their websites contain any of the following:

      Adult-related/sexually explicit material
      Violence
      Discrimination of race, sex, religion, nationality, disability, sexual orientation, age
      Drugs, illegal activities
      Coupon codes, vouchers, discounts
      Violatation of copyright, trademark

Any websites that contain a SendViper affiliate link with any of these is strictly prohibited and will result in no commissions paid with the affiliate suspended indefinitely.

9. Permitted Usage

SendViper affiliates are permitted to use the provided promotional banners, email swipes, pre-written ads and related marketing materials and resources as part of their promotional campaigns. These materials are located in their Affiliate Dashboard under the Marketing Tools tab.

10. Prohibited Usage

The following are strictly prohibited and will result in no commissions paid with the affiliate terminated indefinitely.

      Affiliates are not permitted to use the SendViper logo on any part of any website. (See section 9. Permitted Usage for material that can be used)
      Affiliates are not permitted to use the SendViper logo posing as an “official partner” in any form.
      Affiliates are not permitted to host, use, or promote any kind of coupon website containing any SendViper logos or materials.
      Affiliates are not permitted to use their own affiliate link to signup themselves as a SendViper member in an attempt to get a cheaper rate. Any affiliate doing this will have all commissions reversed and any registered SendViper account suspended.

11. Anti-Spam Policy

SendViper strictly prohibits affiliates from sending spam emails including other forms of spam such as posting on forums, blogs, website comments, social media platforms (facebook, instagram, twitter, youtube and similar social websites). Spam is defined as but not limited to the following:

      Email messages sent to a recipient who did not give any formal request to receive information from the affiliate.
      Email messages sent to a recipient who did not opt-in to receive information from the affiliate.
      SMS and multimedia messages sent to a recipient who did not opt-in or formally request to receive information from the affiliate.
      Instant chat messages sent to a recipient or group of recipients who did not opt-in or formally request to receive information from the affiliate.
      Any kind of unwanted message posted or submitted to any related social media service or platform such as facebook, instagram, twitter, youtube from any person a group who did not formally opt-in to or give permission to the affiliate to do so.
      Any form of content posted to any blog comment areas where the affiliate does not have permission by the blog owner and is unrelated to the blog topic.

12. Relationship of Parties

There is no formal partnership or joint venture created between SendViper and the affiliate. The affiliate is seen as an independent contractor and has no authority to make any offers or accept any offers on SendViper’s behalf.

13. Limitation of Liability

SendViper will not be liable for any indirect or consequential damages such as but not limited to loss of revenue, profits or expenditures that may arise relating to this agreement which includes if we were previously advised of such damages being a possibility. SendViper will not exceed any total calculated commissions payable to an affiliate under this agreement.

14. Termination

When an affiliate generates their first visitor on their unique affiliate tracking URL they have automatically accepted this agreement and started their term indefinitely. The term will end if this agreement has been broken or at SendViper’s sole discretion. At the time of termination of this agreement all affiliate URL links and materials used on websites must be removed, all promotions must be ceased and licenses or permissions will be revoked.

15. Disclaimers

SendViper makes no implied representations or guarantees on the income potential that an affiliate can achieve with the SendViper affiliate program. SendViper makes no guarantee that operation of affiliate tracking URL links will be error free and uninterrupted to which SendViper will not be held liable for any consequences because of unforeseen errors or interruptions.

16. Miscellaneous

If any terms or rules of this agreement are determined by a court to be unenforceable they will be removed, all remaining terms and rules will remain and continue to be enforced.

By registering with the SendViper affiliate program you understand that you have read this agreement and accept all terms and conditions. You have evaluated this affiliate program independently and you are not relying on any other or outside representation or information other than the terms and conditions explained in this agreement.