BY SIGNING UP WITH THE FILL AFFILIATE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IT IS DECLARED THAT YOU HAVE READ AND UNDERSTOOD ALL THE CLAUSES, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
YOU AGREE THAT THE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU, AND THIS AGREEMENT IS ENFORCEABLE AGAINST YOU.
This is a legal agreement between you (either an individual or a legal entity, “Users”), and Fill and its authorized service provider(s), distributor(s), Promoter(s), and reseller(s). This Agreement (the “Agreement”) outlines the rules and regulations for the Affiliate Program of Fill.
The service provided by Fill: www.fillhq.com
Fill Affiliate Policy found online at www.fillhq.com/affiliate-terms is incorporated herein by reference. Fill reserves the right to approve or reject Any Affiliate Program Application at our sole and absolute discretion. For the rejection of the application, you will never ask for any legal recourse against us or the authority.
TERMS AND CONDITIONS OF THE ACCOUNT
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.
COMMISSIONS AND PAYMENT
Authorized affiliates will be solely responsible for the development, operation, and maintenance of their site and for all materials that appear on the site. For example, the affiliates will be solely responsible for:
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
Fill, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program or any other Fill services for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Fill reserves the right to refuse service to anyone for any reason at any time.
Fill and its authority has the right to change the above termination rules or impose any rules at any time without any prior notice.
IDENTIFYING YOURSELF AS A FILL AFFILIATE
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between you and us, say you develop the services we provide, say you are part of Fill, or express or imply any relationship or affiliation between you and us or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
USES of PROMOTIONAL LINKS and MATERIALS
After signing up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. Affiliates may use graphics and text links both on their website and within email messages or social media.
Affiliates may use the graphics and text provided by Fill authority or may create their own as long as they are deemed appropriate according to the conditions and not in violation as outlined in any conditions of Termination.
Affiliate links should point to the page of the product being promoted.
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product/Service prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
RELATIONSHIP OF PARTIES
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Fill uses third-party affiliate tracking software and will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
TERM OF THE AGREEMENT
The term of this Agreement will be effective immediately upon your acceptance in the Program and will end when your Affiliate account is terminated.
The terms and conditions of this agreement may be modified by the Fill authority at any time. Your continuing participation in the Program will constitute your acceptance of any change.
ELECTRONIC SIGNATURES EFFECTIVE
The Agreement is an electronic contract that sets out the legally binding terms of your participation in The Fill affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Fill application process. This action creates an electronic signature and binds you under a legal agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach thereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of The United Kingdom, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of the Fill to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Fill and govern your use of the Service, superseding any prior agreements between you and Fill (including, but not limited to, any prior versions of the Terms of Service).
Fill reserves the legal right to update and change the Terms of Service from time to time without any prior notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.