MyPayment Gateway Affiliate Agreement and Terms & Conditions
This Affiliate Agreement and Terms & Conditions ("Agreement") is entered into by and between MyPayment Gateway ("Company") and the Affiliate ("Affiliate"). By participating in the Company's Affiliate Program, the Affiliate agrees to abide by the terms and conditions set forth in this Agreement.
1. Affiliate Program
1.1 The Affiliate Program allows the Affiliate to earn commissions by referring customers to purchase the Company's epayment solutions for self-service industries, including laundromats, vending machines, toy clawing machines, etc.
1.2 The Affiliate will earn commissions based on the number of devices sold, excluding system setup & on-site installation fees, and monthly subscription fees.
2.1 The Affiliate will earn a higher commission rate if they close the customer directly. If the Affiliate refers a customer to the Company, and the Company closes the sale, the Affiliate will earn a standard commission rate.
2.2 The specific commission rates will be outlined in a separate commission schedule provided by the Company.
3. Obligations of the Affiliate
3.1 The Affiliate agrees to use ethical and legal means to promote the Company's services.
3.2 The Affiliate shall not make any false or misleading statements about the Company's services.
3.3 The Affiliate shall comply with all applicable laws and regulations.
4. Term and Termination
4.1 This Agreement shall commence on the Effective Date and continue until terminated by either party with written notice.
4.2 The Company reserves the right to terminate this Agreement immediately if the Affiliate breaches any of its terms and conditions.
5.1 The Affiliate agrees to keep confidential any proprietary information received from the Company during the term of this Agreement.
6. Limitation of Liability
6.1 The Company shall not be liable for any indirect, incidental, or consequential damages arising out of this Agreement.
7. Governing Law
7.1 This Agreement shall be governed by and construed in accordance with the laws of the state in which the Company is located.
8. Intellectual Property Rights
- The Company owns all rights, title, and interest in and to the services, including any intellectual property rights. The Affiliate shall not use the Company's intellectual property without prior written consent.
9. Usage of Services
- Affiliates must be at least 18 years old and capable of entering into binding contracts. Affiliates are responsible for maintaining the confidentiality of their login information. Providing false or inaccurate information may result in suspension or termination of the Affiliate's account.
10. Communication and Marketing
- The Company may contact Affiliates via email, phone, or other means for the purpose of offering products or services, or for other marketing campaigns. Affiliates consent to receive such communications.
11. Data Protection and Privacy
- The Company will take reasonable measures to protect the personal information of Affiliates in accordance with applicable data protection laws.
12. Compliance with Laws
- Affiliates must comply with all applicable laws and regulations in connection with their participation in the Affiliate Program.
13. Prohibited Activities
- Affiliates are prohibited from posting or transmitting any unlawful, harmful, or offensive content in connection with the Affiliate Program.
14. Representation and Warranties
- Affiliates represent and warrant that they have the legal capacity to enter into this Agreement and will comply with its terms.
- Affiliates agree to indemnify and hold the Company harmless from any claims, damages, or losses arising out of the Affiliate's breach of this Agreement.
16. Competitor Restriction
- The Affiliate agrees not to directly or indirectly engage in, be employed by, or have any ownership interest in any business that competes with the Company's services during the term of this Agreement. The Affiliate further agrees not to solicit or induce any customer, supplier, or other business partner of the Company to terminate or reduce its relationship with the Company. In the event that the Affiliate is found to be in violation of this clause, the Company reserves the right to immediately terminate this Agreement and withhold any unpaid commissions.
By participating in the Company's Affiliate Program, the Affiliate agrees to abide by the terms and conditions set forth in this Agreement.