APPBO AFFILIATE AGREEMENT
LAST UPDATE JULY, 2023
This Affiliate Agreement, together with the AppBO Terms of Service referenced herein (collectively, the "Agreement"), dictates your conduct, application, and any subsequent involvement in the AppBO Affiliate program (the "Program"). By acknowledging the Terms of Service or partaking in the Program, you also concede to the terms of this Agreement. This Agreement serves as a legally binding contract between the individual or business entity the individual stands for ("Affiliate," "You," "you") and AppBO ("AppBO," "we," "us"). If you represent a business entity, you assure that you hold the authority to obligate that entity to this Agreement. AppBO holds the right to alter the Agreement at any time, and your ongoing participation in the Program will be regarded as approval of any new iterations of the Agreement.
SECTION 1. APPLICATION TO THE PROGRAM
You consent to furnish all data reasonably asked by AppBO regarding your Program application, and you attest that all the data you offer is honest and precise. You acknowledge and agree that AppBO has the sole and exclusive right to decide on your eligibility for the Program. AppBO reserves the right to alter its criteria for the Program anytime and for any reason. You explicitly agree to be contacted about your application and the Program using the email and phone number you provided in your application. Such methods of communication may comprise, but are not limited to, automated dialing systems, text messages, and synthetic or pre-recorded messages. You can withdraw this consent anytime by submitting a written notice to support@appbo.io.
SECTION 2. PROGRAM GUIDELINES ("THE GUIDELINES")
To partake in the Program, you must adhere to the following Guidelines. If AppBO finds, in its sole discretion, that you have not abided by these Guidelines, you will be deemed to have significantly breached this Agreement. As a result, AppBO may terminate this Agreement and your involvement in the Program instantly (including the forfeiture of Earned Commissions), without any liabilities, and seek any other legal and equitable remedies available.
a. Adherence to Laws. You bear the responsibility for obeying all relevant laws and regulations. Specifically, the Affiliate can only circulate advertisements in total accordance with all pertinent laws and regulations, including but not limited to, laws forbidding deceptive advertising and marketing, email marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), laws managing testimonials (including the FTC’s Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)), and all FTC issued guidelines. AppBO retains the unique and absolute right to ascertain whether the Affiliate’s advertising and behavior complies with all laws.
b. Disclosure Mandate. On any website where the Affiliate promotes any AppBO service or product, the Affiliate must prominently display (i.e., not in a link, or small font) a disclaimer statement, for instance: “Disclosure: I operate independently from AppBO. I am not a representative or employee of AppBO and do not have the power to enter into binding contracts or represent AppBO. I receive referral fees from AppBO. The views expressed here are solely mine and should NOT be taken as representations, guarantees, or declarations made by AppBO or any of its subsidiaries, agents, or assigns.
c. No Disparagement. The Affiliate agrees not to make, publish or communicate any derogatory or defamatory remarks, comments or statements about AppBO, its employees or officers now or in the future to any person, entity or in any public forum. Affiliates are prohibited from making any negative remarks about a competitor with the intention of promoting AppBO products or services.
d. Social Media Guidelines. If the Affiliate advertises on any social media platform, the Affiliate must adhere to all the regulations set by each social media platform (this includes but is not limited to: (i) Each Instagram post should use Instagram's "Paid Partnership" tool, and (ii) Every YouTube post must contain the words "Ad," "Advertisement," "Promotion," or "Paid Partnership" within the video itself in a font size that is easily identifiable to the viewer and which appears consistently in the top right corner of the video throughout the video's duration). You are accountable for ensuring your compliance with the relevant social media platform rules. Moreover, each post must meet all of the following requirements:
1. Each post must include #AppBO
2. Each post must include #ad in a visible and conspicuous location before the text of the description and in all situations before the "More" button
e. Advertising Assertions. Affiliates are strictly forbidden from making statements regarding the products and services provided by AppBO that contradict or exceed the marketing materials created and shared by AppBO on AppBO’s website, www.appbo.io (“AppBO Website”). Affiliates are explicitly forbidden from making any direct or indirect assertions that AppBO represents or provides a business opportunity, franchise opportunity, a "business-in-a-box," or a supported marketing plan. Affiliates must refrain from making, publishing, or communicating any claims or statements that directly or indirectly assure that a potential new user ("Prospect'') will earn money by utilizing AppBO or by becoming an Affiliate. Additionally, all marketing collateral developed, published, and communicated by the Affiliate must be:
1. Entirely truthful and accurate, backed up by evidence of the Affiliate's experience.
2. Accompanied by the following clear and conspicuously placed disclaimer: “These were my results based on my experience. Your results may be different. There is no guarantee you will make money.”
f. General Advertising Standards. You assure that Your affiliate website(s) ("Website"), social media posts, and any other promotional materials will not:
1. Violate AppBO’s or any third party's intellectual property, publicity, privacy or other rights.
2. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, offensive, or contains nudity, pornography, or sexually explicit materials.
3. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that aim to harm, interfere with, secretly intercept or expropriate any system, data, or personal information.
4. Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate payments from another website. This includes toolbars, browser plug-ins, extensions, and add-ons.g.
g. Pay-Per-Click (“PPC”) Limitations: Unless AppBO grants you written permission to do otherwise, you may not:
1. Bid on any of our Restricted Terms, or any variations or misspellings thereof, for search or content-based campaigns on Google, Bing, MSN, Yahoo, Facebook, or any other network. “Restricted Terms” refer to any of the following terms: AppBO, appbo.io, www.appbo.io, AppBO coupon, AppBO discount code, AppBO discount, AppBO promo code, AppBO sale, AppBO promo, AppBO sales, AppBO deals, APPBO, appbo, and any other terms that AppBO may deem a Restricted Term in the future.
2. Use our Restricted Terms, or any variations or misspellings thereof, in conjunction with any other keyword.
3. Use our Restricted Terms in your ad title, ad copy, display name, or as the display URL.
4. Use any of our trademarked terms as part of the domain or subdomain for Your Website or any of your marketing or related activities. If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your marketing and related activities, and we strongly recommend adding our trademarked terms as negative keywords.
5. Direct link to AppBO’s Website from any PPC ad or use redirects that yield the same result. Customers must be directed to an actual page on Your Website.
6. Bid in any manner appearing higher than AppBO for any search term in positions 1-5 in any auction-style PPC advertising program.
h. Additional Guidelines: You affirm, assure and agree to adhere to the following:
1. Affiliates are liable for ensuring their employees, representatives, and agents comply with this Agreement. Any violation of the Agreement by an employee, agent, or representative acting on Affiliate’s behalf will be considered a breach by the Affiliate.
2. Affiliates are forbidden from engaging in any illegal or deceptive practices regarding search engine optimization, which includes, but is not limited to, employing any technique that generates paid search results based on any of AppBO's trademarks, any AppBO brand name, or based on the trademarks or brand name of any AppBO competitor, or any other third party.
3. Affiliates must not offer monetary rewards, such as points, cash, or prizes to Prospects in exchange for their reaction to an advertisement.
4. Affiliates must only use the links provided to them for each banner, text link, or other affiliate link received from the affiliate interface without any alterations or modifications.
5. “Self-referring” is prohibited, implying that only transactions by others using your affiliate link will result in Earned Commissions.
6. Deceptive, manipulative or fraudulent actions (whether independently, in conjunction with a Prospect, or another affiliate) or any behavior that, in AppBO’s sole discretion, is abusive or contrary to the Program's spirit to acquire additional Commissions, are strictly prohibited.
7. You are prohibited from engaging in any actions that are fraudulent, abusive, or detrimental to the AppBO Website or the Program at our discretion.
8. We reserve the right, at any moment, to review your link placements and approve the use of your links and may require that you change the placement or use to comply with the guidelines provided to you.
9. Your Website must not replicate, mirror, or mimic the look and feel of AppBO’s Website. You must not create the impression that Your Website is AppBO’s Website or a part of it, including by framing of AppBO’s Website in any way.
10. Cookie stuffing, pop-ups, false or misleading links on Your Website are not allowed. Furthermore, you must not try to conceal the referring URL information (i.e., the page from where the click is originating).
11. The maintenance and updating of Your Website(s) are your responsibilities. We may monitor Your Website(s) as necessary to ensure it is (or they are) current and to provide you with feedback relating to the Program.
12. You are prohibited from sending unsolicited bulk-emails, text spam, form spam, social media spam or any other form of communication to which Prospects or others have not given their consent.
13. Advertisements should not appear on (a) sites and apps that contain or reference adult content, pornography, weapons, graphic violence (including any violent video game images), alcohol, drugs, tragedy, transportation accidents, sensitive social issues, gambling, or content that is offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise), or soliciting any unlawful or offensive behavior; or (b) ads that appear on fake news content.
14. You are not allowed to use any images, text, or other content provided to you by AppBO except as authorized under this Agreement and may not alter the graphic image or text in any way. All of our rights in the images and text, any other images, our trade names and trademarks, and all other intellectual property rights are reserved.
15. You are prohibited from offering discounts, coupons, free trials, promo codes, or any other promotional offer that is not explicitly authorized by AppBO in writing. AppBO may, on a case-by-case basis, provide you access to discounts, coupons, free trials, promo codes, or other promotional offers, and you agree to comply with all terms and limitations that AppBO establishes in connection with such promotional offers.
16. Unless specifically agreed upon in writing by AppBO, you are not allowed to promote through a sub-affiliate network.
SECTION 3. COMPENSATION
Upon acceptance into the Program, You will receive a unique Affiliate ID via email. This Affiliate ID will be included in the URL that You use to advertise AppBO. You may earn Commissions (as further described below) for each sale (“Sale”) that is registered using Your Affiliate ID.
In instances where a Prospect has multiple Affiliate cookies (“Cookies''), the most recently acquired Cookie will typically determine which Affiliate is credited with a Sale except in situations of (i) recently canceled Prospects who attempt to re-subscribe under a different affiliate within 90 days of cancellation, (ii) cases of self-referral, or (iii) other scenarios at AppBO’s sole discretion. If a Prospect signs up for AppBO without connection to any Affiliate, that Prospect is considered unaffiliated, and no Commissions will be earned by any Affiliates for that Prospect unless otherwise agreed to by AppBO in writing.
A Commission is considered “earned” only if (i) Affiliate has registered and maintained a usable account with a third-party payment provider to receive Commission payments and provided complete and accurate information to AppBO to facilitate payment and (ii) a Prospect’s account has remained in good standing for at least forty-five (45) days after the Sale. No Commission is earned for a Sale if, at the time of attempted payout, Affiliate has not maintained a usable account with a third-party payment provider or AppBO is unable to payout Commissions due to incomplete or inaccurate information provided by the Affiliate. Commission payout amounts will be determined by AppBO in its sole discretion. Commission rates may change from time to time at AppBO’s sole discretion. Except as otherwise provided herein, Commission payouts will be paid on the 15th of each month following AppBO's receipt of payment for a Sale, subject to the other terms of this Agreement. In the event the 15th of each month falls on a holiday or weekend, Commission payouts will typically occur on the following business day, although exceptions may apply. All Commission payouts are calculated based on the amount of fees received by AppBO, less sales taxes.
The commission rates are as follows:
a. Associate Partner: This entails a 30% monthly recurring commission applicable for all approved affiliates referring between 1 to 9 customers.
b. Premier Partner: This tier has a 35% monthly recurring commission, appropriate for all approved affiliates referring between 10 to 19 customers. It also includes a 5% commission from Tier 1 referrals.
c. Elite Partner: This category carries a 40% monthly recurring commission, relevant for all approved affiliates referring more than 20 customers. They will also get a 5% commission from Tier 1 referrals, along with an extra 3% from Tier 2 referrals.
In situations where multiple affiliates are connected to a Prospect for different services, AppBO will allocate commissions as they see fit.
Commissions are disbursed in USD or other available currencies by the payment provider. Processing fees might be incurred for some payment methods which may be deducted from your commissions. AppBO will issue a payment only when the combined commission totals or exceeds $50.00. If this amount isn't reached within 120 days, the accrued commissions will not be disbursed and will be forfeited.
Affiliates are required to register with a third-party payment provider to receive commission payouts. You may need to submit necessary tax documents, including completed W-8 or W-9 tax forms. Failure to submit these documents promptly may result in AppBO or the payment provider refusing to disburse commissions. For non-US residents, AppBO may deduct tax where legally required. You are solely accountable for fulfilling all tax obligations within your jurisdiction(s).
In cases where AppBO deems a sale fraudulent or a violation of this agreement, no commission will be allocated for such a sale. If such a sale has already been paid, the commission will be deducted from future commissions or returned to AppBO. AppBO may also terminate this agreement and your participation in the program without further liability.
If a refund or chargeback occurs on a sale for which a commission was paid, the commission is considered unearned and will be deducted from future commission payouts.
AppBO will make reasonable efforts to disburse all earned commissions. However, if a commission cannot be paid due to circumstances beyond AppBO's control, it may be forfeited at AppBO's discretion.
SECTION 4. INTELLECTUAL PROPERTY RIGHTS
AppBO may provide you with certain resources and materials (collectively known as "AppBO Materials") for your use in the program. You acknowledge AppBO's ownership of these materials and agree not to dispute their ownership. All your usage of the AppBO Materials and the associated goodwill will be for the benefit of AppBO. You agree that you don't have any proprietary rights to the AppBO Materials, except as per this agreement.
All rights concerning the Services and AppBO's trademarks that are not explicitly granted to the Affiliate are reserved by AppBO. The goodwill generated through your use of AppBO's name and trademarks solely benefits AppBO. Except as outlined in this agreement, you can't use AppBO's name or trademarks without their prior written consent. You agree to notify AppBO promptly about any infringement or threat to AppBO's rights and provide reasonable assistance at AppBO's cost. Affiliates shouldn't promote or provide services to anyone infringing AppBO's intellectual property. You agree to use reasonable efforts to protect the Services on your system and network from unauthorized access, alteration, or distribution. On noticing any security breach, you must notify AppBO and take immediate action to rectify the breach.
SECTION 5. DURATION AND TERMINATION
This Agreement's duration commences from the earlier of (i) your acceptance or signing of this Agreement; or (ii) AppBO’s approval of your participation in the Program. Your engagement in the Program is on a month-to-month basis until terminated. Either Party may dissolve this Agreement at any time, for any reason, by providing the other Party with a thirty (30) days’ written termination notice. If, at our sole discretion, you are deemed to have violated or attempted to violate any aspect of the Agreement, Privacy Policy, or the Terms of Service, or any law related to your use of AppBO, we reserve the right to terminate the Agreement or suspend your access to the Website at any time without notifying you. We may also, solely at our discretion, terminate our relationship and suspend any accounts owned or controlled by you for these reasons. In the event this Agreement is terminated due to your violation, you immediately lose all commissions and any other payments due or potentially due to you, without further liability on AppBO's part.
If this Agreement is terminated, all clauses that inherently should continue, including, but not limited to, all limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration and class action waiver provisions, and exceptions to arbitration, will survive. All representations and warranties made by you shall also persist beyond the termination or cancellation of this Agreement and/or your AppBO account.
SECTION 6. FURTHER REPRESENTATIONS AND WARRANTIES
In addition to your other representations and warranties in this Agreement, you additionally warrant that no prior or ongoing government investigations or inquiries by the Federal Trade Commission (“FTC”), any other federal or state government agency, or any industry regulatory authority globally, or any prior or ongoing private lawsuits related to alleged intentional misconduct or alleged breach of any consumer protection or advertising laws, are against you. If you become subject to such investigation, inquiry, prosecution, or lawsuit anytime after this Agreement is signed, you must inform AppBO within 24 hours. AppBO, at its sole discretion, can immediately terminate your involvement in the Program and this Agreement, based on any investigation, proceeding, or lawsuit identified in this section.
SECTION 7. COMPLETE AGREEMENT
This Agreement encapsulates the complete understanding between the Parties concerning the Program and supersedes any other preceding written or oral agreements. If a separate written agreement related to the Program has been signed by you, in case of a conflict, that separate agreement shall override this Agreement.
SECTION 8. INDEPENDENT CONTRACTOR
Affiliates are independent contractors for AppBO. This Agreement does not establish any form of employee/employer or principal and agent relationship between AppBO and you. You have no right to represent or commit AppBO in any manner, or share in the profits or losses of AppBO. The only compensation accessible to you is as outlined in this Agreement. You solely bear the responsibility and liability for all your actions and omissions.
SECTION 9. DISCLAIMER
AppBO does not assure or guarantee the success, income, or sales of Your business. You recognize, understand, and accept that AppBO will never provide you with sales leads or referrals. Moreover, you comprehend and accept that this is neither a business opportunity, a franchise opportunity, a "business-in-a-box," nor an assisted marketing plan.
SECTION 10. LIMITATION OF LIABILITY
Unless otherwise unenforceable or prohibited by law, AppBO or any of its affiliates, such as its officers, directors, shareholders, employees, independent contractors, telecommunications providers, and/or agents shall not be held accountable for any indirect, special, incidental, exemplary, consequential, punitive damages, fees, costs, or claims that arise from or are related to this Agreement, Terms of Service, Privacy Policy, Platform or Services, or your or a third party’s usage or attempted usage of the website or any software, service, or product, regardless of AppBO having prior knowledge of such potential damages, fees, costs, or claims. This limitation applies to all losses or damages, regardless of the manner in which they are allegedly caused and on any theory of liability, be it breach of contract, tort (including negligence and strict liability), warranty, or otherwise. AppBO's liability to you or your business should not exceed thrice the payments paid by you to AppBO for the month preceding the date on which the claim against AppBO arose, or fifteen hundred dollars ($1,500), whichever is less. Subject to the law, these are your sole and exclusive remedies for any breach of our limited warranty, and AppBO’s liability shall not exceed the amount stated in this section. This does not prevent AppBO from pursuing any and all remedies available to it in law or equity.
SECTION 11. MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, & GOVERNING LAW
Any dispute that arises from this Agreement shall be resolved by arbitration administered by the American Arbitration Association in accordance with its current rules. The arbitration shall be conducted before a single arbitrator in Miami, Florida, and in the English language. The arbitrator(s) are bound by the laws of the State of Florida. The arbitrator's decision shall be written and final, binding both parties. Each party shall bear its own costs regardless of the arbitration outcome. This section provides the exclusive method for resolving disputes, except for cases where a party needs to seek preliminary injunction or other injunctive relief in a competent court to prevent irreparable damage.
Additionally, both parties agree to resolve their disputes individually and not on a class or collective basis. Any disputes regarding the enforceability or validity of this class and collective action waiver are to be decided by a court of competent jurisdiction, not an arbitrator. If this class action waiver is deemed unlawful, the parties consent to have any class or collective action heard by a court, not an arbitrator.
SECTION 12. INDEMNIFICATION
You commit to defend, indemnify, and hold AppBO, its officers, directors, employees, owner(s), parent company(ies), and assigns harmless from all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including but not limited to reasonable attorney fees and investigation costs) that directly or indirectly arise from (1) the use of or reliance on data supplied by you, (2) any breach of this Agreement by you, (3) the use or possession of any AppBO property by you, unless caused by AppBO's gross negligence or intentional misconduct, (4) any negligence, gross negligence, or intentional misconduct by you or your employees or agents.
SECTION 13. SEVERABILITY
If any clause of this Agreement contradicts any applicable law, rule, or regulation, it shall be amended to comply with that law, rule, or regulation. This Agreement and the Terms of Service, once modified, shall remain fully effective and enforceable.
SECTION 14. RIGHT TO SEEK INTERIM JUDICIAL RELIEF
AppBO reserves the right to pursue and obtain any equitable or interim remedy or relief enforcing any entitlement it may have in relation to this Agreement from any court of competent jurisdiction. Such relief could include, but is not limited to, a temporary restraining order, preliminary injunction, writ of attachment, an order enforcing an audit, or execution of any liens or security interests that either party has on the property of the other. Any judicial actions permitted under this clause do not limit or waive the claiming party's right to resolve the dispute's core issues through arbitration.
The parties mutually accept and understand that any breach or imminent breach of this Agreement will cause irreparable harm to AppBO for which there will be no sufficient legal remedy. Along with other remedies provided by law or equity, in such an event, the non-breaching party shall have the right to seek injunctive relief, without the requirement of posting a bond or demonstrating actual damages resulting from a breach, to prevent any further breach of this Agreement by the other party.
SECTION 15. COMPLAINT NOTIFICATION PROCEDURE
Affiliates are obliged to inform AppBO about any complaint received regarding any advertisements within a 24-hour period from receipt of the complaint. The notification should be directed to the AppBO Support Team via their email: support@appbo.io.
SECTION 16. FORCE MAJEURE
No party will be held accountable for failing to fulfill any of its responsibilities under the agreement if this failure is due to a Force Majeure Event as described in this Section, and provided that a reasonable notice is given, and there are genuine efforts to find an acceptable resolution. A "Force Majeure Event" encompasses any act of God; war; riot; civil unrest; act of terrorism, domestic or foreign; embargo; government regulation or decree; flood, fire, hurricane, tornado, or other casualty; earthquake; strike, lockout, or other labor disruption; unavailability of labor or materials beyond the control of the affected party; pandemics, epidemics, localized disease outbreaks, public health emergencies, and quarantines; or any other events or circumstances beyond the reasonable control of the affected party, whether similar or different to any of the preceding. Upon the occurrence of a Force Majeure Event, the party unable to perform shall promptly inform the other party about the event and its anticipated impact on performance.
.png)
