Affiliate TOS Page

OffshoreUp Affiliate Program Terms and Conditions

Agreement

By joining the OffshoreUp Affiliate Program (“Program”), you agree to the terms and conditions outlined in this document (“Terms”). OffshoreUp reserves the right to update these Terms at any time without prior notice. Continued participation in the Program after changes constitutes your acceptance of the updated Terms.

Violation of these Terms may result in account termination and forfeiture of any outstanding commissions. Participation is at your own risk.

Account Requirements:

1. You must be 18 years or older to join the Program.
2. You must provide accurate and complete information, including your legal name and email address.
3. Login credentials are for individual use only and may not be shared.
4. You are responsible for securing your account and password. OffshoreUp is not liable for loss or damage arising from failure to secure your account.
5. The Program may not be used for illegal activities or to earn commissions on your own agreements with OffshoreUp.

Affiliate Links and Promotions:

1. Upon acceptance, you will receive a unique Affiliate Code for use in promotional materials.
2. All promotional materials must comply with OffshoreUp’s branding guidelines and be approved for use.
3. Only referrals made through designated tracking links (“Special Links”) will be eligible for commissions with exception to the full-time outsourced resources as explained below in the commission structure.
4. Affiliates are responsible for ensuring proper usage of links to track referrals accurately.

Commissions and Payment Terms:

1. Commission Structure

• Full-Time Outsourced Resources: Affiliates earn a 10% commission on the total contract value of referred clients’ original services.
  
  • Example: A 12-month contract at $1,500 per month earns a $150 monthly commission. (referrals must be made manually by reaching out to info@offshoreup.com)
• Affordable Social Media Management Program https://smm.offshoreup.com/ : Affiliates earn a one-time 10% commission on the first month’s subscription fee when a client signs up and pays through OffshoreUp’s website.

2. Payment Terms

• Commissions are paid monthly based on payments received from referred clients.
• Payments are disbursed only when the affiliate’s account balance exceeds $20. Balances below this threshold will roll over.
• Affiliate commissions are issued within 15 business days after OffshoreUp receives the referred client’s invoice payment. If the client fails to pay, the commission for that period will not be issued.

3. Limitations & Exclusions

• Commissions apply only to the originally referred service. Additional services purchased by the client are excluded.
• OffshoreUp may withhold commissions obtained through fraudulent or unethical means.

4. Affiliates Who Are Also Contractors with OffshoreUp

• • If an affiliate has a separate agreement as a contractor with OffshoreUp, the terms of that agreement govern their compensation, except for referrals related to the Affordable Social Media Management Program, which follow the 10% first-month commission structure.

Representation as an Affiliate:

1. Affiliates must not issue public statements or press releases without prior approval from OffshoreUp.
2. Affiliates are prohibited from misrepresenting their relationship with OffshoreUp or implying sponsorship or endorsement beyond what is specified in these Terms.
3. Self-referrals are not allowed and will result in disqualification of commissions or termination.

Payment Process:

1. Commission payments are calculated and disbursed monthly.
2. Payments are made via the method specified in your account settings.

Client Ownership and Policies:

1. Referred clients are customers of OffshoreUp. All terms, policies, and procedures related to their service agreements apply.
2. OffshoreUp reserves the right to modify its pricing and policies without affecting commissions on existing contracts.

Affiliate Obligations

As an Affiliate, you are solely responsible for the development, operation, and maintenance of your website or the platform you use to promote OffshoreUp’s services, as well as for all materials that appear on your site or platform. Specifically, you are responsible for:

1. Technical Operations

   • The technical operation of your website or platform and all related equipment, ensuring they function effectively and securely.

2. Compliance with Hosting and Third-Party Agreements

   • Ensuring that the display of Special Links on your website or platform does not violate any agreements you have with third parties, including but not limited to hosting providers.

3. Content Accuracy and Relevance

   • Maintaining the accuracy, truthfulness, and appropriateness of all materials posted on your website or platform, including product-related materials and any content associated with Special Links.

4. Intellectual Property Compliance

   • Ensuring that all materials posted on your website or platform do not infringe or violate the rights of any third party, such as copyrights, trademarks, privacy rights, or other proprietary rights.

5. Legality of Content

   • Ensuring that the materials posted on your website or platform are not libelous, defamatory, or otherwise illegal.

6. Data Privacy and Disclosure

   • Ensuring that your website or platform complies with applicable privacy laws, including:
     • Providing accurate and adequate disclosures, such as a privacy policy, detailing how you collect, use, store, and disclose data from visitors.
     • Informing visitors if third parties, including advertisers, collect information directly from them or use cookies to track activity.

By adhering to these obligations, you agree to operate your website or platform responsibly and to indemnify OffshoreUp from any claims or liabilities arising from your failure to comply with these responsibilities.

Ineligibility for Self-Referrals:

Affiliates are not eligible to earn commissions for referring themselves, their own business, or any business in which they have a legal or ownership interest. OffshoreUp reserves the right to withhold or revoke commissions if evidence of such a relationship is discovered.

This clause ensures that the affiliate program maintains integrity while protecting OffshoreUp from unethical practices. Let me know if you’d like this incorporated into the existing terms!

Compliance with Laws:

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term and Termination:

1. This Agreement is effective upon acceptance and continues until terminated by either party.
2. Either party may terminate the Agreement with written notice.
3. Upon termination, Affiliates must cease using OffshoreUp branding and promotional materials.
4. OffshoreUp reserves the right to terminate any Affiliate account or the Program at its sole discretion.

Independent Relationship:

This Agreement does not create a partnership, agency, or employment relationship between you and OffshoreUp. Both parties are independent contractors.

Limitations of Liability:

OffshoreUp is not liable for indirect, special, or consequential damages, including loss of revenue or profits, arising from participation in the Program.

Disclaimers:

OffshoreUp provides the Program “as is” and does not guarantee uninterrupted operation or tracking accuracy.

Governing Law:

These Terms are governed by the laws of the jurisdiction where OffshoreUp operates.

Contact Information:

For questions or assistance, contact us at info@offshoreup.com