These terms and conditions (hereinafter “Agreement”) govern your participation as a partner (hereinafter “Affiliate” or “you”) of the NEFLINK Network (hereinafter “NEFLINK” or “we”). Affiliate and NEFLINK may also be individually referred to herein as a “Party” and collectively as “Parties”.
The Parties agree to be legally bound as follows:
1.1. “Advertiser” means an individual or an organization whose products or services provide advertising to NEFLINK for use by Affiliate.
1.2. “Traffic” means internet users accessing your website, landing page, sales funnel, social media, etc.
1.3. “Offer” means a product or service containing campaign terms and conditions information provided by an Advertiser to NEFLINK. Then Affiliate will choose Offer from NEFLINK to promote.
1.4. “Conversion” means the traffic that Affiliate navigates to the advertiser’s website that completes the specific action requested by the advertiser, be it a purchase or filling out information, ect.
1.5. “Campaign” means a multi-step process and different scheme for promoting offers to generate conversions.
1.6. “Campaign Terms” means the specific guidelines for each Advertiser campaign as listed in the NEFLINK Network.
1.7. “User” means any person using the Internet.
1.8. “Client” means a client of NEFLINK.
2. CONTENTS OF AGREEMENT
2.1. NEFLINK provides Affiliate with the platform and tools to participate in using our services. We distribute Offers that help you promote products and services to Advertiser and then track and report the results.
2.2. Affiliate will receive a commission based on each conversion when the transactions specified in the Campaign Terms are completed.
3.1. This Agreement and the Campaign Terms represent the complete and accurate representation of the agreements between the Parties and shall supersede any other agreement, whether written or oral.
3.2. In the event that any provision of this Agreement conflicts with the Campaign Terms, the Campaign Terms shall prevail.
3.3. NEFLINK may modify, replace or supplement any of the terms and conditions of this Agreement at any time by providing Affiliate with an email notice. The changes will take effect immediately. By continuing to use NEFLINK’s Website, Affiliate agrees to accept such changes, whether or not they have been expressly agreed upon between the parties. We recommend that Affiliates periodically visit our Website to review and update this Agreement and the Campaign Terms.
4. RULES OF NEFLINK
4.1. Any activity contrary to the provisions of the law is strictly prohibited.
4.2. Content related to pornography, obscenity, racism, hatred, maliciousness, threats, harassment, violence, etc., is strictly prohibited.
4.3. Any fraudulent activity of any kind is strictly prohibited.
4.4. Websites that contain links to other websites that violate the law or this Agreement are strictly prohibited.
4.5. It is strictly forbidden to provide and use spyware and malicious software.
4.6. It is strictly forbidden to arbitrarily contact and solicit NEFLINK Partners to break NEFLINK’s partnership during the term of this Agreement.
4.7. It is strictly forbidden to act deceptively and confusingly.
4.8. Do not use automated tools, including robots, scripts, or crawlers.
4.9. It is strictly forbidden to use NEFLINK’s Website, interface, and images to perform illegal, unethical, and misleading acts.
5. AFFILIATE ACCOUNT
5.1. To become a NEFLINK Contributor, you must first submit the correct Contributor account application at the NEFLINK website.
5.2. You may only register for one account and are solely responsible for protecting and maintaining the security of the account. You may not create duplicate accounts and may not share, lend, rent, sell or transfer your account with anyone. You are solely responsible for all activities that occur under your account.
5.3. You must submit correct contact information such as name, address, e-mail address, phone number, website, payment information, promotion method etc. You may not impersonate any other person or entity.
5.4. After we review your application, we will notify you of your acceptance or rejection as our Affiliate.
6. AFFILIATE OBLIGATIONS
By using this Site, you represent, warrant and agree that:
6.1. You must comply with all Campaign Terms and this Agreement;
6.2. All content you submit to our Site is free of third-party intellectual property claims;
6.3. Submitting dishonest reviews, posts, articles, or other content may result in account termination. We may refuse or remove or edit any content submitted for any reason, without prior notice to you, at our reasonable discretion;
6.4. Our Site content may not be reproduced for publication, online or on paper, without our express prior written permission.
6.5. You will only use the Website for lawful purposes, and you will remain responsible for compliance with all laws and regulations that apply to your use of the Website;
6.6. You may not create any actions with malicious intent or through fraudulent mechanisms;
6.7. We reserve the right to refuse access, service, or disable your account on our Website at any time for any reason or no reason, without notice, explanation, or liability;
6.8. You must agree to receive periodic communications from NEFLINK. This communication may be in the form of e-mail, postal mail, telephone, or fax;
6.9. You may not use SMS/text messages to deliver Advertising to Users;
6.10. Your Site must not contain any mechanism that may be downloaded to the User’s computer without the User’s express knowledge and consent;
6.11. You may not modify the advertisement or promotional code provided by NEFLINK in any way, except with prior written approval from NEFLINK;
6.12. You may not make misleading or disparaging statements, orally or in writing, about any Advertiser, Advertiser, or NEFLINK;
6.13. You may not promote, recommend or link to any incentives that are not actually delivered upon completion of the advertisement. Distributed content must fully and accurately represent the previously promised incentive.
6.14. Affiliate must strictly comply with the federal CAN-SPAM Act of 2003 (the “Act”).
7.1. NEFLINK will pay Affiliate Commission according to the Campaign Terms.
7.2. NEFLINK applies the NET 25 monthly or weekly payment plan NET 7 at its sole discretion, unless otherwise agreed by both parties.
7.3. Minimum payment amount: 200 USD. If the minimum payment amount is not reached, NEFLINK will add Affiliate’s total account balance to the next payment(s) until the specified minimum payment amount is reached;
7.4. All commissions are payable in US Dollars;
7.5. Affiliate is responsible for all applicable transaction fees and taxes as required by law;
7.6. All payments will be forfeited if Affiliate violates any Campaign Terms or this Agreement;
7.7. If we suspect that your account is operating in a fraudulent manner, your account will be disabled immediately without notice to you. It is your duty to prove to us that you are NOT engaged in fraud. Suppose you are unable to provide us with satisfactory proof that you are not engaged in fraud within seven (7) days of your payments being placed in “Pending Status”, then we reserve the right to terminate your Affiliate account and cancel payments at our sole discretion and without any other obligation to You. If payments have been previously issued and we believe that the payments are derived from fraudulent activities, we will use all means necessary to recover the said funds as well. such as costs incurred to take such action, including but not limited to attorneys’ fees;
7.8. NEFLINK acts as a third party for Advertisers. Therefore, Affiliate understands and agrees that payment for Affiliate’s revenue is dependent on payments from the Advertiser for NEFLINK which it has received without any restriction. Hereby, NEFLINK is not responsible for any claim of Affiliate’s revenue if NEFLINK does not receive funds from the Advertiser. Affiliate will hold NEFLINK harmless against NEFLINK of any claim or liability in connection with such unpaid revenue;
7.9. In the event that an Affiliate’s account is inactive for a period of 12 (twelve) months and Affiliate fails to claim payment of its Commission within these 12 (twelve) months, any and all Commissions may then be deemed void, and have their balance written off, and the account terminated.
8. REFERRAL PROGRAM
8.1. Affiliate will earn 5% referral fees on commission payments made to any other new Affiliates (excluding bonuses and additional payments) that have been referred to NEFLINK using the link code. Affiliate will earn this fee on the commission payments of a Referred Affiliate for a period of twelve (12) months after the Referred Affiliate joins the NEFLINK Network. NEFLINK reserves the right to terminate Affiliate referral program in whole or in part at any time for any reason, including but not limited to fraud, suspicious activity, or violation of the terms set forth in the Agreement or the Campaign Terms;
8.2. A Referred Affiliate may not be considered valid if it does not meet one or more of the following:
a) The Referred Affiliate’s account must not be under the Referred Affiliate’s control;
b) Referred Affiliate Account must have created their account for the first time. Duplicate accounts and sub-accounts are not allowed;
c) The referred affiliate account must contain cookies set by a special referral link. NEFLINK does not claim any responsibility for Affiliates that are discredited due to deleted history or cookies;
d) The referred branch account must not be directly related to the referred branch.
9.1. Fraudulent activity includes but is not limited to:
9.1.1. Activities of Affiliate directly or indirectly for the purpose of increasing the commission payable to Affiliate;
9.1.2. Lead generation other than NEFLINK approved mechanism;
9.1.3. Frame your ad banner’s click-through destination, hidden iframes, auto-browser generation, run “spiders” / “bots”, and automatically redirect users or any other technique to generate click-throughs and/or either automatic or fraudulent display.
9.1.4. Ads may not be placed on an automatically reloaded page.
9.1.5. Use any option/method that results in a user redirecting your landing page when that user has at least once previously opted through a certain action to leave your page.
9.1.6. Other identified forms of fraud.
9.2. NEFLINK will terminate Affiliate’s membership and forfeit all commissions if NEFLINK determines, in its sole discretion, that Affiliate has engaged in any activity that NEFLINK deems fraudulent or deceptive or may discredit or discredit NEFLINK.
9.3. If Affiliate feels that NEFLINK’s judgment is incorrect, Affiliate must provide proof to the contrary by sharing access to its traffic source/tracker, providing creative data used to advertise certain campaigns, or any other evidence that Affiliate is not engaged in fraudulent activities. If Affiliate fails to provide satisfactorily or any such proof within 7 (seven) days of its payment being suspended, NEFLINK reserves the right to terminate Affiliate Account and cancel pay applicable commissions at its sole discretion and without any further obligation to Affiliate;
9.4. NEFLINK may audit an Affiliate at any time for compliance purposes. Affiliate agrees to provide NEFLINK with all information reasonably necessary to conduct an investigation of Affiliate’s compliance with the law and this Agreement.
10. REPRESENTATIONS AND WARRANTIES
10.1. Each Party represents and warrants they have the full corporate right, power, and authority to enter into this Agreement, to grant the rights and licenses granted, and to perform the acts required of it;
10.2. Each Party acknowledges that the other Party makes no representations, warranties, or agreements related to the subject matter hereof that are not expressly provided for in this Agreement.
11.1. This Agreement shall commence on the date NEFLINK approves Affiliate’s Affiliate Program application and shall continue thereafter until terminated as set forth herein.
11.2. Affiliate may terminate Affiliate’s participation in Affiliate Program at any time by removing all Links from Affiliate’s Media and removing all copies of the Links. Link. NEFLINK may terminate Affiliate’s participation in one or more of these Offers or Agreements at any time and for any reason deemed appropriate by NEFLINK with or without prior notice to Affiliate. Link by disabling the Links or providing Affiliate with a written notice. Upon termination of an Affiliate’s participation in one or more of these Offers or Agreements for any reason, Affiliate shall immediately cease use and delete all Links, plus all, including NEFLINK.
11.3. All rights to validly accrued payments, cause of action, and any provisions which, subject to their terms for the purpose of remaining in force upon termination, shall remain in full force and effect.
12. FORCE MAJEURE
Neither Party shall be liable to the other for failure to perform or delay in performing its obligations under force majeure circumstances such as fire, storm, war, government action, labor conditions, earthquake, natural disaster, interruption of internet service, or any other cause beyond the reasonable control of that Party. The Party referring to such force majeure circumstances must notify the other Party of the arising within three working days from the date of occurrence of the incident, together with relevant evidence.
13. DISCLAIMER AND LIMITATION OF LIABILITY
13.1. NEFLINK disclaims all warranties, conditions, representations, indemnities, and guarantees with respect to any matter, whether express or implied (including without limitation any warranty of profitability, satisfactory quality, merchantability, fitness for any particular purpose, title, and non-infringement);
13.2. Affiliate acknowledges and agrees that any determination by NEFLINK of whether or not given advertising materials and/or creatives are accurate, appropriate, and do not violate any applicable law is based solely on the designation made to NEFLINK by the relevant Client and that NEFLINK is not responsible for any given Advertising Materials being misdesignated by the relevant Client;
13.3. Notwithstanding any other provision of this Agreement, NEFLINK additionally disclaims all obligations and liabilities on the part of NEFLINK and those for whom it is in law responsible for any damages, including, but not limited to, indirect, special, and consequential damages, attorneys’ and experts’ fees, and court costs (even if NEFLINK has been advised of the possibility of such damages, fees or costs), arising out of or in connection with this Agreement;
13.4. In no circumstance will NEFLINK be liable to Affiliate for any consequential, indirect, special, punitive, or incidental damages or lost profits of Affiliate or Affiliate’s successors or assigns (including without limitation claims for loss of goodwill, use of or reliance on the services provided hereunder, stoppage of other work or impairment of other assets) arising out of breach or failure of an express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise. Without limiting the generality of the foregoing, any liability of NEFLINK shall be limited to the total amount paid to Affiliate by NEFLINK under this Agreement during the last 6 (six) billable months preceding the liability. Without limiting the foregoing, NEFLINK will not be liable for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes, whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown, actions or inaction of Affiliate or third parties, Affiliate’s equipment or software and/or any third party equipment or any other condition affecting production or delivery in any manner beyond the control of NEFLINK. The foregoing, any liability of NEFLINK shall be limited to the total amount paid to Affiliate by NEFLINK under this Agreement during the last 6 (six) billable months preceding the liability. Without limiting the foregoing, NEFLINK will not be liable for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes, whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown, actions or inaction of Affiliate or third parties, Affiliate’s equipment or software and/or any third party equipment or any other condition affecting production or delivery in any manner beyond the control of NEFLINK.
Affiliate hereto agrees to indemnify and hold harmless NEFLINK, Advertiser, and each of its agents, officers, directors, and employees against all liability to third Parties resulting from the acts or failure to act of such indemnifying Party or any act of its customers or users. Affiliate is solely responsible for any legal liability arising out of or relating to Affiliate’s website(s), any material to which users can link through Affiliate’s website(s), and/or any consumer and/or governmental/regulatory complaint arising out of any privacy breach, regulatory compliance issue, e-mail campaign or other advertising campaign conducted by Affiliate, including but not limited to any Spam or fraud complaint and/or any complaint relating to failure to have proper permission to conduct a such campaign to the consumer.
Affiliate agrees to refrain from disclosing NEFLINK’s confidential information or the Advertiser’s confidential information (including but not limited to commission rates, conversion rates, email addresses, fees, and identities of Advertisers) to any third-Party without prior written permission from NEFLINK.
16. INTELLECTUAL PROPERTY RIGHTS
16.1. You may not alter, modify, copy, lease, trade in services, trademarks, copyrights, patents, technology, graphics, materials, trade secrets, tools, etc. owned by NEFLINK in any way without the prior written consent of NEFLINK.
16.2. Your use of the service will be governed by and subject to laws and regulations relating to intellectual property rights. You represent and warrant that you comply with the laws relating to intellectual property rights, and you will be solely responsible for any violations of any relevant laws and any violations with third-party.
16.2. NEFLINK is absolutely not responsible for any infringement of intellectual property rights when using the materials, tools, and information you provide to NEFLINK.
NEFLINK reserves the right to withhold payment and take appropriate legal action to cover its damages against any Affiliate that violates the terms of this Agreement or breaches the representations and warranties set forth in this Agreement or commits fraudulent activity against NEFLINK. Except as otherwise specified, the rights and remedies granted to a Party under the Agreement are cumulative and in addition to, not instead of, any other rights and remedies which the Party may possess at law or in equity.
18. APPLICABLE LAW AND DISPUTE RESOLUTION
18.1. This Agreement shall be construed and governed by the laws of Vietnam. In the event that any lawsuit, action, or other legal proceeding is brought against either Party in connection with the Agreement, each Party shall submit to the competent court located in Ho Chi Minh City, Vietnam, and agrees to comply with all requirements necessary to provide the court with such jurisdiction.
18.2. In the event of a claim, the losing Party shall bear all costs associated with the claim, attorneys, courts, etc., for both Parties.
19. GENERAL AGREEMENTS
19.1. Business days are working days of the week, excluding weekends such as Saturdays and Sundays or public holidays. If notice is sent within 5 (five) business days, weekends or holidays will not be counted.
19.2. This Agreement comes into effect on the day NEFLINK announces that your Affiliate account is accepted.