Affiliate Program Terms & Conditions.

Effective date is February 17th, 2023

The Affiliate Program Terms & Conditions (referred to later in the document as "Terms" or "Agreement" or “T&C”) apply to the relations between NitroPack Inc. and its subsidiary NitroPack Ltd.. The Affiliate Program (the Program) allows you (the Affiliate, you) to promote NitroPack's services and receive commissions as set out in this T&C. Throughout these Terms, we will refer to our website (nitropack.io or nitropack.com) as "Website". We will refer to plans which NitroPack Inc. publicly provides on its website as "End Customer Plans". We refer to the website(s) that the Affiliate owns and manages as "Your Site". By “Qualified Sales” we refer to the sales you generate on the behalf of NitroPack by referring customers to buy our “End Customer Plans”, the sales of which strictly follow these Terms. The NitroPack Inc. Affiliate Program is also referred as "Affiliate Program, the Program".

By agreeing to these Terms, you represent and warrant to us:

• that you are at least eighteen (18) years of age;
• that you have not previously been suspended or removed from the Website, and
• that your use of the Website is in compliance with any and all applicable laws and regulations.

1. Applying for the Affiliate Program

1.1. After you contact us and request entry to the Affiliate program, our team will review your application.

1.2. All sites or profiles that you use to promote yourself and/or services connected with NitroPack must have robust original content (even when advertising is removed) - a good rule of thumb is at least 10 posts. Unsuitable sites cannot participate in any circumstance. Unsuitable sites include but are not limited to those that:

• promote or contain sexually explicit or obscene materials, or
• promote violence or contain violent materials, or
• promote or contain false, deceptive, libelous or defamatory materials, or
• promote or contain materials or activity that is hateful, harassing, harmful, invasive of another's privacy, abusive, or
• promote or undertake illegal activities, or
  
• websites aggregating and falsely promising discounts, coupons, vouchers, saving methods, or
  
• are directed toward children or knowingly collect, use, or disclose personal information from children under 13 years of age or other applicable age thresholds (as defined by applicable laws and regulations); or violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any applicable governmental authority related to child protection (for example, if applicable, the Children's Online Privacy Protection Act (15 U.S.C. §§ 6501-6506) or any regulations promulgated thereunder or the Children's Online Protection Act); or
• otherwise violate any intellectual property rights.

1.3. We will determine suitability at our sole discretion, and we may provide you with feedback on your application. If we reject your application due to unsuitable content, you may re-apply at any time once you have complied with our suitability requirements.

2. Account

5. Qualified Sales and Commission Attribution

5.1. Process of valid sales attribution

5.1.1. The Affiliate must have an approved affiliate registration (as per 1. and 2.)

5.1.2. A prospect must follow a valid affiliate link. Example: https://nitropack.io/#ABCDEF

5.1.3. A cookie is used to track your referral. This cookie is valid for 30 days. If within 30 days, the prospect registers for a Free or Paid subscription with NitroPack, the subscription will be automatically associated with your affiliate account. If the prospect makes changes to their subscription at any later date (even after a period longer than 30 days after registration), the Affiliate will still be attributed a corresponding commission.

5.1.4. An approved affiliate registration with NitroPack will receive attributions for Qualified Sales. A commission is attributed only to active accounts with Qualified Sales. A Qualified Sale includes: 

• A subscription of a new user who signed up directly via the Affiliate’s unique link or within 30 days of clicking the affiliate link.
  
• A subscription for any of our publicly available plans on the NitroPack Website that can be purchased directly without contacting the NitroPack team. 

5.2. Exemptions from Qualified Sales

5.2.1. Exemptions from Qualified Sales include but are not limited to: 

• Purchase of subscriptions for the Affiliate's own sites.
  
• Free NitroPack subscriptions 
  
• Already existing NitroPack subscriptions 
  
• Custom/agency NitroPack subscriptions purchased via customer support 
• Overages associated with a NitroPack subscription
  
• Upgrades associated with a NitroPack subscription
  
• Subsequent subscription purchases from the same account
  

5.2.2. No commission can be attributed to referrals that happened without the referral link.

• No commission can be retroactively assigned for referrals over the phone.
  
• No commission can be retroactively assigned for referrals who registered an account or bought a Free or Paid subscription without having followed the Affiliate's unique referral link.
  

5.2.3. If previously Qualified Sales were later found to be non-Qualified Sales, NitroPack has the right to deduct the generated commissions for these sales at any time from your affiliate balance. If the balance results to be negative, the Affiliate must recover the balance to 0 USD within 14 days.

6. Affiliate Commissions

6.1. As an active NitroPack Affiliate, you will have access to your referral link via the NitroPack. You can use your link to promote NitroPack to your audience in accordance with section 3 in this document. You will be provided with guiding materials to help you promote NitroPack (see section 8) but it is your responsibility to carry out the promotion. 

6.2. Once a customer clicks on your link and makes a purchase in line with section 5, they will be linked to your account. 

6.3. A referred user will be linked to the first referrer account (so if a user subscribes to any of our plans and he had visited more than one affiliate links before that, the user will be linked to the account who referred him first) 

6.4. All purchases made by referrals are tracked using cookies. We guarantee that you will receive a Commission from a Qualifying Transaction/s, if the user's cookies are not deleted during the time between clicking the affiliate link to subscribing to a plan with us. We store/track cookies for a 30 day period. For this reason, Affiliates will not be paid commissions for referred customers registering an account with NitroPack after a 30-day period.

6.5. A tracking code is included in your affiliate link. You should not change that code ever. If you modify the code you will not be paid Commissions, as we will not be able to identify you.

6.6. It is strictly forbidden to falsely promise and deceive users to believe that your affiliate referral link will grant them non-existing discounts, better terms, more features or more service.

6.7. Only clicks generated organically will be considered. In case of forcing users to click or using unfair techniques you will be removed from the Affiliate Program, your account will be terminated and commissions will be forfeited at our sole discretion. Unfair techniques include, but are not limited to, the use of: Auto-Hit or Auto-Surf programs, displaying tracking URL within an iframe or image src, automatic pop-ups or automatic redirects to affiliate/partner URLs without action by the visitor, or any other method meant to automatically track a visitor in the affiliate/partner system without an intentional click.

6.8. Link shortening, cloaking, hiding, spoofing, or otherwise obscuring your referral link in a way that we cannot reasonably determine the source from which a customer clicks through such a link, is prohibited. You may use a link-shortener plugin to make links look shorter, but you have to mention Product name or NitroPack. Inc., so the person knows where they will be redirected.

6.9. A recurring sales commission on a subscription is assigned to the Affiliate for a period no longer than 18 months.

6.10. In case of a refund requested and received by the referred prospect, the Affiliate's commission is also nulled. The Affiliate commission is canceled and not payable to the Affiliate partner if the corresponding customer receives a refund, as described in NitroPacks's Refund Policy: https://nitropack.io/page/refunds

6.11. No commission will be attributed for non-Qualified Sales. 

7. Affiliate Coupons

7.1. Upon agreement, affiliate coupons are issued to the Affiliates. Affiliate coupons can be associated with your affiliate account. These coupons are used by end-customers to receive a discounted price off their purchase.

• Upon visiting your referral link (see 5.3.), if your affiliate account  is associated with valid coupon, it will be automatically assigned to the end-user purchase, without requiring end-users to enter your coupon at checkout.

• Your affiliate coupon can only be used by end-customers who have followed your referral link (see 5.3.). The affiliate coupon cannot be used by customers who haven't followed the referral link.

• We will provide you with information about your affiliate coupon - the coupon code, the number of times it has been used, its expiration date, and its usage limit.
  
  
• The sales commission is based on the rate at which the end customer purchases. For example, if a customer is to purchase a $100 plan with 5% off, using an affiliate coupon code, the customer would pay $95. The sales commission is based on $95.
  

7.2. It is not allowed to publicly share any NitroPack discount codes in indexable web pages by Google that are not social platforms without our prior approval

8. Payouts

8.1. Payouts will be issued upon request made via the NitroPack affiliate dashboard or the NitroPack help desk, unless otherwise agreed upon, to the PayPal account provided by the Affiliate. The Affiliate is responsible for any transaction fees unless a custom agreement applies.

8.2. A minimal payout sum of $100 applies.

8.3. You are solely responsible for keeping all your information up to date including postal and email addresses, name, payment information, tax information, and any other personal information that will impact our ability to process a commission payout. Incomplete or missing tax information may result in us being unable to process your payment until the required information is provided.

8.4. You are responsible for the payment of all taxes according to your local legislation related to the Commission Fees you receive under this Agreement.

8.5. NitroPack reserves the right to withhold or completely stop affiliate commission payouts upon our discretion, if the NitroPack product-related content on the partner site is deemed not in good standing and/or not up to date.

9. Using NitroPack's Content

9.1. You cannot copy and distribute original or translated content from our blog, Help Center, YouTube channel, and all other NitroPack content channels.

9.2. When using any of NitroPack's content, you must always make it clear in writing that you are only republishing or translating and provide a link to our original content.

9.3. When republishing the same or translated version of our content on your site, you must always include a rel=“canonical” element which links to the original content on our site. If you are not familiar with canonical elements, refer to this article by Google for more information on how to use them.

9.4. You may not bid on our brand name (NitroPack) including any variations or misspellings thereof for search or content-based campaigns on Google, MSN, Yahoo, Facebook, or any other network.

10. Privacy and Data Protection

10.1. With respect to the personal data entered by the Affiliate when applying for our Affiliate Program and/or contacting us, we act in the capacity of Data Controller. The NitroPack Privacy Policy shall apply.

10.2. All customers who have signed up and subscribed for our Services through an affiliate referral link shall be considered our Clients. For such Clients our Terms of Use, Data Processing Addendum, and our Privacy Policy shall apply respectively:

• Terms of Use - https://nitropack.io/page/terms
• Privacy Policy - https://nitropack.io/page/privacy
• Data Processing Addendum

11. Contacting Us

11.1. When communicating with the NitroPack team, the Affiliate partner must always provide their real name, even if they are contacting us through the account of or on behalf of a client.

11.2. The contact point of information for the Affiliate Program is affiliates@nitropack.io , or you can post a ticket via the NitroPack help desk.

12. Terminating the Agreement

12.1. If for any reason, we believe that you have not complied with the Agreement, we may, at our sole discretion, cancel your access to the registration areas of NitroPack and/or the Affiliate Program immediately, without prior notice, and withhold any commissions. We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.

13. Governing Law

Any dispute, controversy, or claim arising under this Agreement shall be resolved in accordance with the legislation that we serve you from, either Delaware, US or Bulgaria, EU.