ClickSure Advertiser-Affiliate Agreement
To be an Advertiser or Affiliate of the ClickSure Network you agree to abide by the terms and conditions contained in this Agreement. Please read this agreement carefully before registering and using the ClickSure Network.
This agreement is between you, The Affiliate ("Affiliate" or "you"); The Advertiser ("Advertiser" or "you"); and CLICKSURE LIMITED registered in Mauritius as a Limited Company trading as ClickSure[.com] with a register office at Address: ClickSure Limited, 10th Floor, Standard Chartered Tower, 19 Cybercity, Ebene, 72201, Mauritius with a registered company number C114013304 ("ClickSure" "ClickSure.com" "us or "we").
- ClickSure.com is a Technology Platform which seeks to introduce advertisers and distributors of products to affiliate marketing companies and individuals for the purpose of promoting the advertisers or distributor’s products and services.
- ClickSure.com Technology is run on a self-service basis.
- The Advertiser is a merchant, product owner or service provider that wishes to access the ClickSure.com Technology platform to promote a product or service for themselves or a client they work alongside.
- The Affiliate is a single user, or representative of a larger organisation that wishes to utilise the ClickSure.com technology platform to promote products or services from an Advertiser in order to earn a commission for a specified action.
- Both the Advertiser and the Affiliate must enter into separate agreements with ClickSure independently of this agreement. These are presented upon initial access to the ClickSure platform for each user. You can read the separate terms per account type below.
Advertiser Terms and Conditions can be viewed here.
Affiliate Terms and Conditions can be viewed here.
|Affiliate||A marketing affiliate who is signed up to the ClickSure platform and agrees to promote an Advertisers products and/or services.|
|Advertiser||An individual or business that chooses to promote either their own products and/or services on the ClickSure.com platform in accordance with the Advertiser Terms and Conditions.|
|Advertiser-Affiliate Agreements||This references a set of terms and conditions acknowledge by an Affiliate and set by the Advertiser which includes but is not limited to; Payment Terms, Advertising Policies, Product Claims, Disclosure Agreements and Promotional Limitations.|
|Click-through Agreement||A Click-through agreement / or agreements is a direct contractual relationships between the Affiliate and Advertiser. The agreement or agreements are hosted by ClickSure on the request of the Advertiser.|
|Campaign||A Campaign created by the Advertiser inside the ClickSure.com platform to promote a specific product and/or service.|
|Marketplace||An area of the ClickSure website dedicated to listing the available Campaigns an affiliate can choose to promote.|
|Fees, Advertiser Fees or ClickSure Fees||Advertiser or ClickSure Fees are the sum payable to us, calculated on each tracked action as set out in clause 22.|
|Payout Rate||The Payout Rate is the rate of commission, either a fixed sum or calculated as a percentage of the value of the proceeds of each sale, which you agree to reward affiliates following completion of each sale/tracked action generated by the affiliate. You may set a default rate payable to all affiliates as well as set a Private Affiliate Payout for specific affiliates on the ClickSure.com platform.|
|Private Affiliate Payout||A Private Affiliate Payout is a commission set by you and given to a specific affiliate which has not been advertised to all affiliates.|
|Refunds and Chargebacks||The amount repayable when the customer returns the Advertiser’s item or the Advertiser’s processing company claws back the transaction for any reason, including but not limited to, for investigation or fraudulent activity.|
|Joint Venture (JV) Pages||A specific area of the Campaign details inside the marketplace in which an Advertiser can specify resources for use by an Affiliate.|
|Tracking Codes/Pixel||This is the programming code ClickSure requires to be added to your ‘order successful’ process.|
2. Participation in Advertisers Program
2.1 Acceptance by Advertiser. During this Agreement You may apply to Advertiser Programs for the opportunity to earn Payouts by promoting Advertisers in accordance with the Advertiser's Program terms listed or linked to through the ClickSure Marketplace and complying with this Agreement. Upon approval by the Advertiser for acceptance into its Program, You may display (and remove) Links to Advertiser's Web site or Web site content in accordance with the Advertiser's Program terms and this Agreement. An Advertiser's acceptance of You extends only to the entity, or individual, that enters into this Agreement with ClickSure.
2.2 Advertiser Program Terms. The details of an Advertiser's Program shall be available through the Advertisers Listing in the ClickSure Marketplace. Transactions qualifying for a Payout are defined by the Advertiser see section 4.
2.3 Additional Terms. Affiliates and Advertisers may enter into direct contractual relationships through a click-through agreement hosted by ClickSure and/or other agreement(s) (“Click-through Agreement”). It is Your obligation to review and to either accept or decline such Click-through Agreement when one is presented to You. If accepted by You, compliance with the Click-through Agreement, as applicable, is solely Your responsibility. The terms and conditions of the Click-through Agreement, as applicable, shall apply only with respect to Your relationship with that particular Advertiser. Nothing contained in a Click-through Agreement, as applicable, may conflict with the terms and conditions contained in this Agreement. In the case of such conflict, this Agreement shall control.
2.4 Advertisers are responsible for setting the application method for participation in their program. There are three options available open, apply to promote and trust score.
2.4.1 In the case of Open campaigns; Advertisers acknowledge that ClickSure accepts no responsibility for any individual who chooses to promote your campaign as an Affiliate.
2.4.2 In the case of Open campaigns; Affiliate acknowledge that in choosing to promote the campaign the must abide by the terms of this agreement as well as the terms laid out in the Affiliate Terms & Conditions document.
2.4.3 In the case of Apply to Promote campaigns; Advertisers acknowledge it is their responsibility to maintain, monitor and approve Affiliate applications. You reserve the right to terminate an Affiliate’s access to a campaign in line with the terms of this Agreement and the Advertiser Terms & Conditions document.
2.4.4 In the case of Apply to Promote campaigns; Affiliates should note that the Advertiser has full responsibility for who is and is not approved on the campaign and as such ClickSure has no liability to you to enforce acceptance or intervene in an Advertiser’s decision to reject your application. The Advertisers retains the right to terminate your access to the campaign in line with this Agreement and the Advertiser Terms & Conditions document.
2.4.5 In the case of campaigns Limited by Trust Score; Advertisers acknowledge that Trust Score is a guideline metric generated by a computer algorithm and provided by ClickSure for use on its self-service platform. ClickSure offers no guarantees or confirmation that the results of Trust Score are accurate in the prevention of fraudulent activity or directly correlate to financial success. The Advertiser remains responsible for individuals promoting their campaigns as specified in the Advertiser Terms & Conditions document.
2.4.6 In the case of campaigns Limited by Trust Score; Affiliates acknowledge that Trust Score is a guideline metric generated by a computer algorithm and provided by ClickSure for use on its self-service platform. ClickSure offers no guarantee that this metric directly represents your ability to successfully promote a campaign or the long term value of your activity. As a generated metric Trust Score cannot be directly manipulated by ClickSure and requests to modify Trust Score ratings or behaviour that is perceived by ClickSure to be a direct manipulation of Trust Score will be considered a breach of this agreement and the 6 clause may apply at ClickSure’s discretion. Advice on maintaining a positive Trust Score is provided in clause 6.2 of the Affiliate Terms and Conditions document.
2.5. Advertisers have the right to block Affiliates from promoting their program with immediate effect upon notification of the Affiliate breaching the Affiliate Agreement or the Advertiser-Affiliate Agreement or Terms set by the Advertiser (Click-Through Agreement).
3.1 This Agreement shall come into force when the Affiliate clicks to obtain the link for any one campaign (and/or associated sub-campaigns) of the Advertiser or is approved on an apply to promote scheme and shall remain in effect unless terminated in accordance with clause 3.2 or any breach of this agreement by either the Advertiser or the Affiliate or any breach of the Advertiser Terms or Affiliate Terms respectively.
3.2 Either party may terminate this Agreement upon giving at least thirty (30) days prior written notice to the other party to terminate the Agreement.
3.3 Following termination, any traffic that passes through an affiliate link of the terminated account will be handled at the related Advertisers discretion, or blocked completely on the ClickSure platform. Please see clause 6 for additional applicable provisions.
4. Advertiser Program Details
4.1 The details of The Advertiser Program and any Campaigns shall be contained within the Advertisers "Marketplace Listing."
4.2 ClickSure may not review all content on the Advertisers Web site. The Advertiser remains solely responsible for Their Web site content. ClickSure is, under no circumstances, responsible for the practices of any Affiliate or Advertiser or such Affiliates or Advertiser's Web site(s), and/or the content of Affiliates' subscription e-mails and/or the content that an Advertiser makes available through the Marketplace Listing.
4.3 Advertiser are required to specify the appropriate geographical regions in which their product can legally be promoted, this maybe be further restricted at the advertisers discretion.
4.3.1 An advertiser is solely responsible for the research and implementation of geographical restrictions on their campaign, ClickSure under no circumstances accepts responsibility for the breach of local legislation in the case of promotions being mismanaged by an Advertiser. See Clause 15 of the Advertiser Agreement for more information.
4.3.2 Affiliates must, at all times, conform to the geographical restrictions specified by the Advertiser on a per campaign basis. Any sales, transactions, traffic or users provided in geographical locations no accepted on the Campaign will not be eligible for payment and the Advertiser reserves the right to suspend the Affiliates access to the relevant and all related campaigns going forward.
4.4 Advertisers are required to provide relevant promotion materials to affiliates to promote their campaigns, these include but are not limited to; landing pages, banners, emails, offers and adverts. Advertisers are solely responsible for the content of these Advertisements and it is the Advertisers sole responsibility to ensure all claims, offers and products/services sold are done so legally in the countries they choose to target as per clause 15 of the Advertiser Terms.
4.4.1 ClickSure provides the opportunity to link to Joint Venture (or JV) pages on a per campaign basis so that you may allow Affiliates easy access to your approved resources and ensures that both parties can easily maintain compliance. ClickSure recommends that you always keep these pages populated and up to date. The Advertiser is solely responsible for all content contained on the4se pages and ClickSure in no way accepts responsibility for any breaches of law or legislation that arise from the use of these materials.
4.4.2 Affiliates must, at all times use only approved marketing materials that are provided on both the ClickSure campaign pages and the linked to JV pages. Should you want to use materials that you create yourself you must contact and gain the approval of the Advertiser before it is used online. Failure to gain permission for use of your materials may result in voided commissions or suspension from the ClickSure network after clause 6 will apply.
5.1 It is the responsibility of the Advertiser to supply all payout amounts and terms that will be applicable to each affiliate that promotes their campaigns. ClickSure accepts no responsibility for errors, incorrect entries or wrong amounts configured in the system by an Advertiser. The amounts entered in the payout fields should be considered binding in the terms of this agreement and failure to honour payouts will be considered a breach of both this agreement and the Advertiser Terms & Conditions. Further details are available in the Advertiser Terms & Conditions Document clauses 4 and 5.
5.2 As an Affiliate you acknowledge you are entitled to the payout specified by an Advertisers only if you adhere to the terms set in the Campaign (specified in clause 4) as well as the full Terms of both this document and the Affiliate Terms and Conditions document. Breach of any of these could provide the Advertiser with valid grounds to cancel your commissions and ultimately your suspension from the ClickSure platform.
5.3 The Advertiser retains the right to utilise the Voids facility to remove unwanted actions (and related commissions) of affiliates who have breached any terms as outlined in clause 5.2 and/or in the case(s) of;
5.3.1 Proven fraudulent activity to be determined at the Advertisers discretion. ClickSure may offer advice on fraudulent activity where applicable but this advice should not be considered as registered legal counsel.
5.3.2 When requested by external law enforcement agencies
5.3.3 Self-made (by an Affiliate) or test transactions made by either the Affiliate or the Advertiser
5.3.4 Any other occurrence that ClickSure deems acceptable.
5.4 In line with clause 5 of the Advertiser Terms and Conditions document both the Advertiser and Affiliate acknowledge that ClickSure will not be responsible or liable for any Affiliate Payouts. These payments remain the sole responsibility of the Advertiser for the duration of time that the Advertisers Campaigns and/or products and services are available for promotion on the ClickSure.com platform.
6.1 As an Affiliate you acknowledge that a breach of this agreement will mean that clause 7 of the Affiliate Terms & Conditions will apply to you immediately and that ClickSure may ultimately terminate you access to the platform.
6.2 As an Advertiser you acknowledge that a breach of this agreement will mean that clause 18 of the Advertiser Terms & Conditions apply to you immediately and that ClickSure may ultimately terminate you access to the platform.
6.3 Both Advertisers and Affiliates acknowledge that any action they take to terminate the respective Advertiser Terms and Conditions and Affiliate Terms and Condition will also terminate this agreement.
6.4 Either party may terminate this Agreement upon giving at least thirty (30) days prior written notice to the other party to terminate the Agreement.