Convesio Affiliate Terms and Conditions

Updated August 23, 2021

Please carefully read these Affiliate Terms and Conditions prior to applying for the Convesio, Inc. Affiliate Program operated by Convesio, Inc., a Delaware C-Corp. Participation in the Affiliate Program is conditional upon your acceptance of these terms. If you disagree with any aspect of these terms, then you may not participate in our Affiliate Program.

Updates to the Terms. We reserve the right to make changes to these terms at any time at our sole discretion. If we make changes to these terms, we will provide notice of such changes by revising the date at the top of these terms. Your continued participation in the Affiliate Program following any changes will constitute your acceptance of such changes. Please periodically review these terms and check for any updates.

Qualification and Approval

The following types of persons, companies, and entities will be considered for our Affiliate Program:

  • Web design agencies and freelancers;
  • Web development agencies and freelancers;
  • Marketing agencies and freelancers;
  • Bloggers;
  • Administrators of social media groups;
  • Other agency or business owner influencers

You may still qualify for the Affiliate Program if you or your company do not fit into one of the categories above. Please contact us at [email protected]express your interest.

In order to qualify for the Affiliate Program you must be at least eighteen (18) years of age.

We reserve the right to approve or reject any application, in our sole discretion for any reason or no reason.

Accounts

By applying for the Affiliate Program you agree to provide and maintain accurate, current and complete information in your affiliate account at all times.

In the event you are approved as an affiliate, your affiliate account will be automatically created. Your promotional code, promotional link, number of signups, number of clicks, and payout information under the Promoter Dashboard in your First Promoter account.

First Promoter will handle your affiliate information. Please read their Privacy Policy here to understand your rights. You may read their Terms and Conditions here.

We reserve the right to terminate your affiliate and/or Convesio account(s) at any time for any reason or for no reason, in our sole discretion.

Promotion and Content

Promotional Content shall include a disclosure that Affiliate is a member of the Affiliate Program and has a marketing relationship with Convesio. Affiliate shall not conceal its relationship with Convesio or obscure its participation in the Affiliate Program in any way; nor shall Affiliate represent or imply that it is a Convesio partner, employee, or other representative of Convesio.

Affiliate shall promptly comply with Convesio’s instructions to modify or remove Promotional Content.

Affiliate and/or your Promotional Content shall not:

  • Misrepresent Convesio’s services in any way, including but not limited to its prices, plans, discounts, or functionality;
  • Disparage Convesio and its representatives, the services, or the Affiliate Program;
  • Marketing agencies and freelancers;
  • Use any illegal or spam method of advertising;
  • Compete or interfere with Convesio’s direct advertising efforts. The Affiliate shall not conduct any online advertising, including but not limited to Pay per Click or Pay per Impression campaigns, on any keywords or phrases containing Convesio registered URLs, or on any variations, abbreviations, or misspellings of the same.
  • Referrals must be made from original content hosted at the Affiliate Websites, from original video content hosted at third-party video hosting platforms, or from direct professional referrals made by the Affiliate to their professional network;
  • Use link cloaking, or masking techniques or technology
  • Refer to Convesio in any way on coupon websites;
  • Self-refer or refer yourself in any fashion. This includes referral of any operation or website in which the Affiliate has a controlling, proprietary, or equitable interest. Any referral where payment is made utilizing a form of payment controlled by or belonging to the Affiliate shall be considered a violation of these Terms.

Referrals

If there is a dispute about the ownership of a referred Account, we reserve the right to investigate and determine ownership of the Account based on our reasonable judgment. Affiliate shall only refer potential customers to Convesio who (a) have not had any previous contact with Convesio (b) have provided valid contact information; (c) are not bots, fake, illegitimate, or otherwise fraudulent.

Promotional Content shall include a disclosure that Affiliate is a member of the Affiliate Program and has a marketing relationship with Convesio. Affiliate shall not conceal its relationship with Convesio or obscure its participation in the Affiliate Program in any way; nor shall Affiliate represent or imply that it is a Convesio partner, employee, or other representative of Convesio.

Affiliate shall promptly comply with Convesio’s instructions to modify or remove Promotional Content.

Commissions

A “Referred Customer” is a potential Convesio customer who clicks an Affiliate Link, registers for a Convesio account, and selects a hosting service plan. The Referred Customer must meet the following criteria: (a) has never previously signed up for a Convesio account (b) has not had any previous communication with Convesio representatives (c) Referred Customer has made payment to Convesio for services.

Only Convesio hosting services and plans are eligible for Affiliate commissions. Any additional services including but not limited to Setup Fees, Professional Services, Development Hours, Server Fees and Load Testing, are excluded from the Affiliate Program.

If all eligibility requirements have been met, Affiliate may receive a one-time commission payment and recurring payments. The agreed upon payment arrangement will be displayed in your Promoter Dashboard

In order to receive payment, all of the following must be in your First Promoter account prior to the payment processing date. If any one of the following is not received by Convesio or incomplete, Affiliate will forfeit the commission payment(s).

  • PayPal account information
  • All requested tax documents (e.g., Form W-9)
  • Accurate, current and complete contact information

All affiliate payments for the month will be processed for payment 60 days after the month ends. A payout will only be generated to your PayPal account if the balance due is over $10 USD.

Recurring commissions will be paid for as long as the referral pays Convesio. Payments will be made for successful transactions only. Refunded or charged-back transactions do not qualify for commissions. No commissions or payments will be made if your account is terminated.

Inappropriate Behavior

Your affiliate account may be terminated for any of the following behaviors that we find inappropriate. This list is non-exhaustive.

  • Making false claims about Convesio or our products on posts or advertisements
  • Spamming or sending promotions to any persons without their consent;
  • Fraudulent transactions or self-referrals;
  • Posting or advertising on websites that promote illegal activities, gambling, violence, pornography or other similar material;
  • Failing to disclose our affiliate relationship in accordance with the Federal Trade Commission Endorsement and Advertising Guidelines;
  • Violating our intellectual property rights;
  • Using misleading text or images to incite others to sign up for Convesio;
  • Submitting your affiliate information to deals or coupon sites.

No Warranty

WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, THE AFFILIATE PROGRAM, CONVESIO PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Damages

In no event shall Convesio, Inc. nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website;(iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

If, despite the limitation above, Convesio, Inc. is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Convesio, Inc. will in no event exceed the service fees you paid to it in connection with such transaction(s) on this Website.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of Convesio, Inc.

Indemnification

You shall defend, indemnify, save and hold harmless Convesio, Inc. (and its contracted providers, agents, customers, servants, officers and employees) from and against any and all demands, liabilities, fines, losses, costs, claims or suit (actual or threatened), and expenses, including reasonable attorneys’ fees, court costs and other reasonable expenses of litigation (collectively “Liabilities”) asserted against or incurred by Convesio that arise out of or relate to any materials provided by you to others in reference to this Affiliate Program, any claims made by you to others in reference to this Affiliate Program, or any intellectual property infringements committed by you in reference to this Affiliate Program.

Governing Law, Dispute Resolution and Venue

These terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect. These terms constitute the entire agreement between us regarding our Affiliate Program, and supersede and replace any prior agreements we might have had between us regarding the Affiliate Program.

Any controversy or claim arising out of or relating to these Affiliate Terms and Conditions including, without limitation, the interpretation or breach thereof, shall be resolved in a court of competent jurisdiction in Lee County, Florida.

Contact Us

If you have any questions about these terms, please contact us at [email protected].

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