GoCharting Affiliate Program Terms of Service

By using the GoCharting ("Service"), you are agreeing to be bound by the following affiliate program terms and conditions ("Terms of Service").

GoCharting Inc. ("Company") reserves the right to update and change these Terms of Service without notice.

Violation of any of the terms below may result in the termination of your membership in our Affiliate Program.

Introduction

  1. These terms of use apply to your participation in the affiliate program (the "Affiliate Program") of GoCharting, LLC (referred to as "we", "our" or "us" or "GoCharting") and constitute a binding legal agreement ("Agreement") between you ("Affiliate", "you", or "your") and GoCharting. By clicking "I Agree" below, you accept this Agreement and agree to its terms and conditions.

GoCharting's Affiliate Network

  1. To participate as an GoCharting affiliate, you are required to complete an affiliate application located at https://gocharting.com/affiliates. We may accept or reject your application, at our sole and absolute discretion, for any reason or no reason whatsoever. We will notify you if you are accepted to the Affiliate Program. If you are accepted, we will set a percentage commission rate for you based on the anticipated size of your audience and other factors. If you are a US resident, we will request that you provide us with your Employer Identification Number (EIN) or Social Security Number (SSN) for tax reporting purposes before we issue a payment on any commissions.

How The Affiliate Program Works

  1. You will receive a unique URL tracking link that will allow us to track any signups made using that link. If a new user who clicks that unique URL tracking and signs up within 90 days (i.e., using the same computer or device, using the same browser and without clearing their cookies). And then makes a subsequent purchase, you will receive credit for a commission at your commission rate based on amounts actually received from the new user for the full life of their subscription to GoCharting's software services (the "SaaS Services"). We will pay commissions to you on a monthly basis starting the second month in case of monthly payments from the customer and on a one-time basis in case of yearly payments from the customer. You will be paid subject to a minimum threshold amount of payouts each month (approximately $100 or 5,000 INR). All decisions regarding potential commissions for alleged tracking fails of successful referrals shall be at our sole and absolute discretion. If your account remains in good standing, we may decide to lower the foregoing payment threshold, at our sole and absolute discretion.

Your Obligations

  1. You hereby certify that all of the information you provide us with will be accurate and complete (with no misrepresentations, misstatements or omissions) including, without limitation, on your affiliate application, during our relationship, and when corresponding with us. On occasion, we may need to communicate with you by e-mail or telephone about the Affiliate Program. You agree to maintain a working e-mail address that is monitored daily and to promptly inform us of any changes to your e-mail address or phone number. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on communications that are misdirected because of your failure to provide us with updated contact information.

Commissions And Payout Terms

  1. Commissions will be paid to you based on successful referrals. A successful referral is defined as a non-fraudulent, active for a period of at least thirty (30) days, not cancelled GoCharting account, that has paid for Services in full and has been directed to GoCharting through your affiliate tracking link. Due to the high frequency of credit card fraud, affiliate commission fraud, and cancellation rates, we reserve the right to hold commissions for up to sixty (60) days for verification on a case-by-case basis. We also reserve the right to reverse, recoup, set-off, claw-back or cancel any commissions in the event that: a) we are unable to actually collect and retain funds from an applicable user; b) a subscription is found to be fraudulent; c) a user cancels and is refunded for any reason; d) we determine a commission was earned improperly through any means.
  2. Payouts are made once a month (within 30 days or before next month end).
  3. Failure to include your payment account details will result in rejection of payouts in 12 months. It is the affiliate's sole responsibility to ensure that the payment details are accurate.
  4. Special Offer Exclusion: Affiliate discount offers cannot be clubbed with special offers, like the Diwali offer. Special offers will be given precedence over affiliate discount offers. Revenue from Users who avail the special offer will not be eligible for affiliate payout.

Your Responsibilities

  1. You must use ethical advertising methods.
  2. You must not send unsolicited or spam e-mails, chat room messages, direct messages, text messages, or any other type of unsolicited messages.
  3. You must not directly compete with GoCharting's advertising. You must never run ads for "GoCharting" and related keywords.
  4. Your advertising must not include spam links to other websites or individuals.
  5. Your advertising, posts and other online activity must never be false, inaccurate, or misleading; violate any laws; infringe on the rights of others; include anything unlawful, obscene, or harassing; include any "pump-and-dump" schemes; or impersonate another business or person.
  6. You must not post your affiliate link on coupon sites to "take credit" for clicks that are not referring new customers.
  7. You must not misrepresent the capabilities of GoCharting or the risks of investing. You must never claim that GoCharting or investing will guarantee a return. You must include a standard disclaimer to remind users that trading is risky.

Our Rights

  1. We reserve the right to refuse payment if we establish that you have violated this Agreement or used dishonest tactics to acquire subscribers. Your account will be permanently blocked and your payments will be refused.
  2. GoCharting is not responsible for the activities an affiliate undertakes in order to generate traffic. The affiliate guarantees that his/her actions do not violate laws.
  3. GoCharting is not responsible for the payment of taxes an affiliate is subject to in the state of his tax residency.
  4. We keep the exclusive right to modify or update these Rules at any time and with or without prior notice.
  5. GoCharting is not responsible for any inconvenience which may be caused by third parties.

Term and Termination

  1. The term of this Agreement will commence upon our acceptance of your Affiliate Program application, and will end when terminated by either party, with or without cause, upon not less than ten (10) days' prior written notice to the other party. Once terminated, you will not be eligible to receive any further commissions, payments or remuneration of any kind.

Indemnification

  1. You agree to defend, indemnify, and hold harmless GoCharting and its affiliates, officers, employees, agents, suppliers or licensors from and against any and all loss, liability claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your participation in the Affiliate Program.

Notices

  1. Our address for any notices under this Agreement is: admin@gocharting.com

DISCLAIMER

  1. GOCHARTING SERVICES AND AFFILIATE PROGRAM ARE PROVIDED BY GOCHARTING ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOCHARTING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR AFFILIATE PROGRAM. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GoCharting DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

  1. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, WILL GoCharting OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE AFFILIATE PROGRAM. IN NO EVENT WILL GoCharting BE LIABLE FOR ANY ORDINARY OR DIRECT DAMAGES HEREUNDER IN EXCESS OF $100 or INR 5,000.

Governing Law, Arbitration

  1. Any disputes between the parties arising out of or relating to the Agreement ("Disputes") will be governed by the Federal Arbitration Act, applicable federal law and New York law regardless of your location. Except for Disputes relating to intellectual property rights, any Disputes will be resolved exclusively by final and binding arbitration.

General

  1. This Agreement constitutes the entire agreement and understanding between the parties with respect to its subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement will remain in full force and effect. The failure of GoCharting to act with respect to a breach of this Agreement by you or others does not constitute a waiver and will not limit GoCharting's rights with respect to that breach or any subsequent breaches.