Affiliate Terms of Service

1. Overview

This agreement contains the complete terms and conditions that apply to you becoming an affiliate in eXsite.app's affiliate program. The purpose of this agreement is to allow linking between your platform and the eXsite.app website. Please note that throughout this agreement, "we," "us," and "our" refer to eXsite.app, and "you," "your," and "yours" refer to the affiliate.

2. Affiliate Obligations

2.1. Enrollment

To begin the enrollment process, you will complete and submit the online application form. We may reject your application at our reasonable discretion, particularly if we determine that your site is unsuitable for our program, including if it:

• Promotes sexually explicit materials, violence, or illegal activities.
• Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringes on any copyright, trademark or other intellectual property rights.
• Includes "eXsite" or confusingly similar variations or misspellings in its domain name without our prior written consent.
• Is otherwise unlawful, harmful, threatening, defamatory, obscene, or harassing.
• Resembles our website's design or implies you are eXsite.app or an official affiliated business.

2.2. Legal Compliance

You must comply with all applicable laws and regulations in your jurisdiction, including those related to advertising, data protection (including UK GDPR and EU GDPR), and intellectual property. You must have express permission to use any third party's copyrighted material. You will be solely responsible for any violation of the law or any third-party rights.

3. eXsite.app Rights and Obligations

We have the right to monitor your site at any time to determine if you are following the terms of this agreement. We may notify you of any changes we feel are necessary to ensure compliance. Failure to make necessary changes may result in termination of your participation in the program.

4. Term and Termination

This agreement will begin upon our acceptance of your affiliate application. Either party may terminate this agreement without cause by providing 30 days' written notice. This agreement will terminate immediately upon any material breach of this agreement by you, including but not limited to fraud, abuse of the program, or violation of promotion restrictions.

5. Modification

We may modify the terms and conditions of this agreement by providing you with at least 30 days' written notice via email. Such modifications may include changes to payment procedures or program rules. If any modification is unacceptable to you, your only remedy is to terminate this agreement by providing us with written notice before the changes take effect. Your continued participation in the program after the notice period will constitute your binding acceptance of the changes.

6. Payment and Commissions

We use a third-party service, Rewardful, to handle affiliate tracking and payment. Your use of Rewardful is subject to their terms and conditions, which you should review. All commission payments are based on the net fees actually received and retained by eXsite.app from a valid sale, excluding taxes, refunds, and chargebacks.

Commissions are only paid on the first twelve months of a new customer's subscription. Enterprise or custom plans are non-commissionable. A 60-day cookie duration applies. The commission rate will be specified in your affiliate account. We reserve the right to change commission rates with 30 days' notice.

Your commission balance must equal or exceed $50 USD (or the equivalent in your payment currency) before you receive a payment. You are responsible for all taxes and processing fees applicable to your commissions.

Non-Commissionable Behaviour

No commissions will be paid for sales procured fraudulently, through a breach of this agreement, or on your own user accounts. Offering cash rebates or other unapproved monetary incentives is prohibited. If a commission is paid and the sale later results in a refund or chargeback, that commission amount will be deducted from future payments.

7. Access to Affiliate Account Interface

You will create a password to access the secure Rewardful affiliate account interface, where you can view reports on your performance and commissions.

8. Promotion Restrictions

Any promotion that mentions eXsite.app must be truthful and not misleading. You are prohibited from spamming, using deceptive advertising practices, or misrepresenting your relationship with us. You may not bid on our branded keywords (e.g., "eXsite", "eXsite.app") in any pay-per-click (PPC) advertising campaigns.

9. Brand and Intellectual Property

You are strictly prohibited from registering or using domain names, social media handles, or advertising accounts that include "eXsite" or any confusingly similar variation without our prior written consent. You may not clone or copy our website's design or content. Violation of this clause will result in immediate termination and forfeiture of any pending commissions.

10. Grant of Licenses

We grant you a non-exclusive, non-transferable, revocable right to use the eXsite.app brand materials provided through the program solely for the purpose of promoting our services in accordance with this agreement. Each party agrees not to misuse the other’s proprietary materials.

11. Disclaimer

We make no express or implied representations or warranties regarding our services. We do not guarantee uninterrupted or error-free operation of our website or services and are not liable for the consequences of any such disruptions.

12. Representations and Warranties

You represent and warrant that this agreement is a binding legal obligation, you have the full right and authority to enter into it, and you have all necessary rights to use any content or materials for your promotion.

13. Limitations of Liability

Nothing in this agreement shall limit or exclude our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded by applicable law.

Subject to the above, our total aggregate liability to you under this agreement shall be limited to the total commission paid or payable to you under this agreement in the 12 months preceding the claim.

14. Indemnification

You agree to indemnify and hold harmless eXsite.app and its affiliates from any claims, damages, and expenses arising from your breach of this agreement, your promotional practices, or your violation of any law or third-party rights.

15. Confidentiality

All confidential information shared during this agreement must remain private and not be disclosed to any third party unless required by law or authorized in writing.

16. Data Protection

Both parties will comply with all applicable requirements of Data Protection Legislation. "Data Protection Legislation" refers to the UK General Data Protection Regulation (UK GDPR), the EU General Data Protection Regulation (EU GDPR), and any other applicable legislation relating to personal data.

The parties acknowledge that for the purposes of the Data Protection Legislation, you are an independent controller and we are an independent controller of any personal data processed in connection with this agreement. You will ensure that you have all necessary consents and notices in place to enable the lawful transfer of personal data to us.

17. Miscellaneous

• You are an independent contractor, and nothing in this agreement creates any partnership, joint venture, or employment relationship.
• This agreement shall be governed by and construed in accordance with the law of England and Wales.
• Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of this agreement.
• If any provision is found invalid or unenforceable, the rest of the agreement remains in effect.
• This document constitutes the entire agreement between the parties.