FAST Graphs Affiliate Program Agreement
Foreward
Welcome to FAST Graphs’ Affiliate Program! We appreciate your interest in connecting with us. This Affiliate Agreement outlines the terms and conditions of our collaboration, ensuring a transparent and mutually beneficial relationship. By participating in our Affiliate Program, you agree to abide by the terms herein. Please read this document carefully before proceeding.
If you have any questions, please feel free to contact us. For the quickest response, please email us at support@fastgraphs.com. You can also reach us via phone at 813-960-9600.
Affiliate Agreement
PLEASE READ THE ENTIRE AGREEMENT.
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THIS IS A LEGAL AGREEMENT BETWEEN YOU AND F.A.S.T. Graphs, Inc. (DBA Fast Graphs, Inc. at WWW.FASTGRAPHS.COM)
BY SUBMITTING THE ONLINE APPLICATION, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
1. Overview
This comprehensive Agreement delineates the full terms and conditions governing your enrollment as an affiliate in the FAST Graphs’ Affiliate Program. The primary objective of this Agreement is to facilitate seamless HTML linking between your website or online publication and the FastGraphs.com website. It is essential to recognize that, within this Agreement, the terms “we,” “us,” and “our” pertain to FAST Graphs, Inc., while “you,” “your,” and “yours” denote the affiliate.
2. Affiliate Obligations
2.1. Application Approval Process Clarification:
All applications will go through a manual approval process. We maintain the authority to exercise discretion, and your application may face rejection or cancellation if, upon review, we deem your site unsuitable for our Program. Unsuitability encompasses, but is not confined to, the following criteria:
2.1.1. Promotes sexually explicit materials.
2.1.2. Promotes violence.
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
2.1.4. Promotes illegal activities.
2.1.5. Inclusion of any materials which infringe on, or aid others in infringing on, any copyright, trademark or other intellectual property rights or to violate the law.
2.1.6. Incorporation of “FAST Graphs” or variations or misspellings thereof in its domain name.
2.1.7. Unlawful, harmful, threats, defamation, obscenity, harassment, or content deemed objectionable at our sole discretion.
2.1.8. Inclusion of software downloads enabling commission diversions from other affiliates in our program.
2.1.9. Prohibition on creating a website explicitly or implicitly designed to resemble our website, or that might mislead customers into believing you are affiliated with FAST Graphs (www.fastgraphs.com) or any other affiliate business.
This evaluation ensures that our relationship aligns with our program’s standards, promoting a secure and reputable environment for all parties involved.
2.2. Accessing Your Affiliate Resources:
Upon joining FAST Graphs’ Affiliate Program, you gain exclusive access to a dedicated Affiliate Portal. This interface serves as a centralized hub, offering comprehensive insights into our program’s intricacies and providing answers to frequently asked questions.
To ensure precise tracking of guest visits from your site or content to ours, it is imperative to utilize the HTML code furnished by us. Whether embedding it on each page of your site, incorporating a text link, or utilizing any other affiliate link we supply, this step guarantees accurate monitoring and attribution of visitor activity. Your commitment to employing the provided coding enhances the effectiveness of our relationship and ensures the seamless operation of our tracking mechanisms.
2.3. Review and Approval of Link Placement:
FAST Graphs maintains the prerogative to assess your link placement at any juncture. We reserve the right to scrutinize and approve the utilization of your links, with the authority to request alterations to their placement or use to ensure adherence to the guidelines provided to you. This iterative review process aims to uphold the standards and integrity of our relationship, fostering a collaborative environment that aligns with our shared objectives.
2.4. Site Maintenance and Content Updates:
You are responsible for the ongoing maintenance and updates of your website or content publication platform. As part of our commitment to mutual success, we reserve the right to monitor your site as needed to ensure it remains current. Our aim is to collaborate proactively by identifying opportunities for improvement and promptly notifying you of any recommended changes that can enhance your overall performance. This collaborative approach ensures the vitality of our relationship and the continual optimization of your platform.
2.5. Compliance with Intellectual Property Laws:
You are solely accountable for adhering to all relevant intellectual property and legal regulations pertaining to your site. Explicit permission must be obtained for the utilization of any copyrighted material, including but not limited to written content, images, or any copyrightable works from individuals. Any infringement upon the intellectual property rights of others, or violation of legal statutes, is entirely your responsibility. FAST Graphs will not assume any liability for, nor endorse, the use of copyrighted material or other intellectual property without proper authorization, placing the onus squarely on your shoulders for legal compliance and adherence to third-party rights.
3. FAST Graphs Rights and Obligations
3.1. Monitoring and Compliance Oversight:
We reserve the authority to periodically assess your site or pages hosting FAST Graphs’ Affiliate links to verify your adherence to the stipulations outlined in this Agreement. This enables us to ensure your compliance with the terms and conditions agreed upon. Notifications may be issued if we identify areas on your site requiring adjustments or deem it necessary to verify the appropriateness of links directing to our website. Our aim is to maintain a collaborative and mutually beneficial relationship, and as such, we may communicate any recommended changes to enhance the alignment of your content with our guidelines.
3.2. Termination Due to Fraudulent Activities:
FAST Graphs retains the prerogative to promptly terminate this Agreement and your involvement in the FAST Graphs’ Affiliate Program if any fraudulent activities or program abuse are identified. In the event of fraud or misuse detection, FAST Graphs is absolved of any liability for commissions arising from fraudulent sales. This proactive measure ensures the integrity of our program and safeguards the interests of all participating parties.
3.3. Commencement and Duration of Agreement:
This Agreement takes effect upon the approval of your affiliate application by FAST Graphs and will persist unless terminated according to the terms outlined herein.
4. Termination
This Agreement may be terminated at the discretion of either party, with or without cause, by providing written notice through mail, email, or fax. Furthermore, immediate termination will occur in the event of any breach of the Agreement by the affiliate.
5. Modification of Terms
We reserve the right to make modifications to any terms and conditions within this Agreement at our sole discretion, without prior notice. These modifications may encompass alterations to payment procedures and rules within the FAST Graphs’ Affiliate Program. If any modification is deemed unacceptable to you, your sole recourse is to terminate this Agreement. Continued participation in the FAST Graphs’ Affiliate Program following the posting of change notices or a new Agreement on our site will signify your acceptance of the modifications.
6. Payment
6.1. Currency and Commission Adjustments:
All affiliate payments will be tracked in U.S. dollars in their portal. However, affiliates can be paid in their own currency via a local bank transfer, such as EUR (SEPA), CAD and so on. For PayPal, Wise and Wires (SWIFT) affiliates will only be paid in USD. In the event of a sale cancellation or refund, any commission previously disbursed will be subtracted from subsequent payments. The company retains the right to deduct commissions in subsequent months for products or services that are returned, refunded, disputed or subject to reductions, even in cases where the previous monthly commission was deemed excessive or later subjected to reduction.
6.2. Affiliate Link Responsibility and Sales Tracking:
The affiliate bears the sole responsibility for ensuring the accurate setup of their affiliate link to facilitate the tracking and recording of sales, thus qualifying for commissions. FAST Graphs disclaims responsibility for any failure to allocate a sale or commission to the affiliate arising from the improper formatting of any affiliate links.
6.3. Commission Eligibility and Tracking:
Commissions will be remitted by FAST Graphs exclusively for sales tracked through our designated tracking system, crediting the affiliate as the initial source of the visit to FAST Graphs. The affiliate is not entitled to commissions if a buyer revisits the Company site through an alternative affiliate link and completes a purchase.
6.4. Commission Entitlement and Cookie Policy:
Commissions are exclusive to the affiliate only when the buyer finalizes a purchase with the specific “cookie” associated with that affiliate. No commission rights are extended for subsequent sales or instances where cookies are utilized, altered, or erased, even if the customer initially reached FAST Graphs through the affiliate link.
6.5. Payment Processing Guidelines:
Payouts are generated on a Net-30 basis, (i.e. December commissions are generated on month end, January 31th, etc.), if the commission surpasses the minimum transfer threshold of 100 US dollars. Commissions, intricately linked to subscription fees, are earned monthly, and calculated based on the premiums paid by subscribers. This is subject to change, as in the near future we plan to introduce a prorated system for annual subscriptions. This will allow commissions to be calculated as a consistent monthly fraction of the total annual subscription fees, ensuring a more balanced distribution throughout the year.
6.6. Payment Methods and Membership Termination:
Commission payment can be facilitated through Wise, PayPal, Wire or Bank. In the event that an affiliate account remains inactive, failing to generate commissions for a continuous period of 6 months, we reserve the right to terminate the affiliate membership and forfeit any outstanding commissions.
7. Accessing the Affiliate Portal Interface
Access your affiliate portal interface through the dedicated Affiliates Link page on FASTGraphs.com. Once on the site, you can retrieve detailed reports outlining the calculation of your due commissions.
8. Promotion Restrictions
8.1. Promotion Guidelines:
While promoting your websites is encouraged, it’s essential to be mindful of potential perceptions. Any promotion involving FastGraphs.com may be perceived as a collaborative effort by the public or the press. To uphold the integrity of our relationship, certain advertising practices are strictly prohibited by FAST Graphs.
Unacceptable practices include spamming, as it could harm our reputation. Additionally, advertising through unsolicited commercial emails (UCE), posting in non-commercial newsgroups, and cross-posting to multiple newsgroups are strictly forbidden.
Furthermore, advertising that conceals or misrepresents your identity, domain name, or return email address is not allowed. You may utilize mailings to customers for FAST Graphs’ promotion, but only if the recipient is already a customer or subscriber of your services, with an option to opt out. Posting to newsgroups is permitted as long as the specific newsgroup welcomes commercial messages.
It is crucial to consistently present yourself and your websites as independent entities from FAST Graphs. Any identified instances of spamming will lead to the immediate termination of this Agreement and your participation in the FAST Graphs’ Affiliate Program. Please note that any pending balances owed to you will not be disbursed in case of account termination due to unacceptable advertising or solicitation.
8.2. Keyword Bidding Guidelines:
Affiliates engaging in Pay-Per-Click (PPC) campaigns should be cautious when selecting keywords. Specifically, bidding exclusively or among other keywords on terms such as www.FastGraphs.com, along with any misspellings or similar variations, whether separately or combined with other keywords, is strictly prohibited.
To avoid being considered trademark violators, affiliates must ensure that traffic from such campaigns is first directed to their own website before redirecting it to ours. Violation of this guideline will result in the affiliate’s expulsion from FAST Graphs’ Affiliate Program.
While we make every effort to communicate with affiliates before taking any punitive action, we reserve the right to immediately expel any affiliate engaging in trademark violation from our program, without prior notice. This applies to the first occurrence of such Pay-Per-Click bidding behavior.
9. Grant of Licenses
9.1. License Grant for Affiliates:
We hereby grant you a non-exclusive, non-transferable, and revocable right, under the terms of this Agreement, to (i) access our site through HTML links, and (ii) use our logos, trade names, trademarks, and other identifying materials (collectively referred to as the “Licensed Materials”) that we provide or authorize for such purposes. This right is extended to you as long as you maintain a good standing as a member of the FAST Graphs’ Affiliate Program. You acknowledge that all uses of the Licensed Materials will be on behalf of FAST Graphs, with the associated goodwill exclusively benefiting FAST Graphs.
9.2. Respectful Use of Proprietary Materials:
Both parties commit to refraining from using the proprietary materials of the other party in any manner that may be disparaging, misleading, obscene, or that could portray the party in a negative light. This agreement acknowledges that each party retains full rights to their respective proprietary materials covered by this license. Apart from the specific license granted in this Agreement, no transfer of right, title, or interest occurs, and each party maintains exclusive ownership of its rights.
10. Disclaimer
FAST GRAPHS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING FAST GRAPHS’ SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF FAST GRAPHS’ ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
11. Representations and Warranties
By entering into this Agreement, you affirm and warrant that you have duly and validly executed and delivered the Agreement. You further acknowledge that it constitutes a legal, valid, and binding obligation on your part, enforceable against you in accordance with its terms.
11.1. Representation of Authority:
You affirm and guarantee that you possess complete rights, authority, and power to enter into this Agreement, binding yourself to its terms and conditions. Furthermore, you assert that you can fulfill your obligations under this Agreement without requiring the approval or consent of any additional party.
11.2 Ownership Representation:
You confirm and assure that you hold ample right, title, and interest in the rights conveyed to us under this Agreement.
12. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL FAST GRAPHS’ CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.