Affiliate Terms - SureForms

The SureForms Affiliate Program (referred to as “the Program”) aims to provide incentives for promoting our products, expanding our audience, and rewarding affiliates for their efforts. Participation in the Program does not create an employment relationship or establish a partnership between us. If an affiliate’s participation in the Program is approved, they will be considered an independent contractor.

These Affiliate Terms & Conditions (“Affiliate Terms” or “Terms”) constitute a legally binding agreement between the affiliate, SureForms, and its other legal entities. By clicking the “Submit” button when submitting the affiliate application, completing the registration process to become a SureForms affiliate partner, and/or participating in the Program, the affiliate confirms their acceptance of these Terms on behalf of themselves or, if they represent a company or other entity, on behalf of that company or entity. If the affiliate does not agree to these Terms, they should not click “Submit” or participate in the affiliate program.

This Affiliate Agreement shall take precedence over any other terms and conditions.

Participation in the Affiliate Program

Upon submission of an application to join the Program through the affiliate signup form, the affiliate’s application will be reviewed, and they will be informed of the acceptance or rejection of their application. Please note that the review process may take a few days, and patience is appreciated during this time.

If there are any questions regarding the affiliate’s application, they may be contacted at the email address provided for additional questions. This may be necessary to clarify certain aspects of the application or to obtain more information about the affiliate’s plans for promoting SureForms.

The affiliate application may be rejected if it is determined that the applicant is not suitable for the Program for any reason. If the application is approved, the affiliate will be provided with a unique referral link to promote SureForms. The affiliate will have access to their private Affiliate Area to view information on visits and referrals, generate their affiliate link, and more.

An agreement between the Affiliate and SureForms will not be formed until the application is accepted or if it is rejected.

A person or legal entity may not maintain more than one account.

Any individual participating in this affiliate program on their own behalf must warrant that they are 18 years of age or older. Additionally, any individual who completes the Application Form must warrant that they possess the necessary authority to legally represent the entity they are seeking to bind.

Promotional Materials

SureForms will provide the Affiliate with certain banner advertisements, button links, text links, and/or other graphic or textual material for display on the Affiliate’s website (the “Promotional Materials”). The Affiliate shall display the Promotional Materials on their website prominently and as they see fit, provided that the manner of display shall comply with the terms and conditions of this Agreement. The Affiliate shall also include a link from the Promotional Materials to SureForms.com or its subdomains, as specified by SureForms.

Use of Promotional Materials

The Affiliate’s use and display of the Promotional Materials on their site shall conform to the following terms, conditions, and specifications:

a. The Affiliate may not use any graphic, textual, or other materials to promote SureForms’ website, products, or services other than the Promotional Materials unless SureForms agrees to such other materials in writing prior to their display.

b. The Affiliate may only use the Promotional Materials for the purpose of promoting the SureForms website (and the products and services available thereon) and for linking to SureForms.com or its subdomains.

c. The Affiliate will not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by SureForms. If the Affiliate wishes to alter or modify the Promotional Materials, they must obtain prior written consent from SureForms for such changes.

d. The Promotional Materials will be used to link only to SureForms.com or its subdomains, to the specific page and address as specified by SureForms.

License

SureForms grants the Affiliate a non-exclusive, non-transferable license (the “License”) to use the Promotional Materials for the purpose of promoting our products and services. This license is limited to personal use only and does not allow the Affiliate to use our Intellectual Property Rights with another brand name or as part of a bundled project. Additionally, the Affiliate is not permitted to allow others to use the content that we have licensed to them.

The term of the License shall expire upon the expiration or termination of this Agreement.

Intellectual Property

SureForms retains all rights, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant the Affiliate any rights, ownership, or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials granted under the License, as set forth in Section 3.

Promotional materials displaying prices must accurately reflect current pricing and discounts at all times.

The Affiliate is prohibited from copying any other content appearing on any SureForms website or elsewhere in a verbatim manner. Any use of such content must be in the form of paraphrasing.

The Affiliate is prohibited from copying the appearance or design of any SureForms website or web page.

Relationship of Parties

This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between SureForms and the Affiliate. The Affiliate shall provide services for SureForms as an independent contractor. The Affiliate shall have no authority to bind SureForms into any agreement, nor shall the Affiliate be considered to be an agent of SureForms in any respect.

Affiliates shall not have sub-affiliates or permit any third party to participate in the affiliate program, nor shall Affiliates share their affiliate fees with any third party.

Any individual or entity that is not a party to this Agreement shall not possess any statutory rights, either directly or indirectly, with regard to this Agreement or its enforcement.

Commissions

Affiliate commission terms, conditions, and specifications:

a. In exchange for the Affiliate’s display of the Promotional Materials, and for the Affiliate’s compliance with and performance of the terms and conditions of this Agreement, SureForms shall pay the Affiliate a commission (the “Commission”) in the amount of a fixed price or a percentage of the product sold to a user through a link on the Affiliate’s website. The commission for each product is mentioned on their respective website and landing pages. This percentage is subject to change by SureForms at any time. Commission payments do not apply to purchases made directly by the Affiliate. Transactions that result in refunds or chargebacks will not be paid out.

b. SureForms shall pay a commission to the Affiliate for any new license purchases made through the Affiliate’s referral link. Payment shall be made through the Affiliate’s PayPal account, using the email address on file with SureForms. Payouts for commissions earned through referral sales shall be made on a monthly basis, with payments being processed in the third week of each month for all referral sales that are at least 45 days old. For example, if a payout is being processed on October 15, 2024, it will include all referral sales made on or before July 31, 2024. The minimum required commission for processing a payout is $200 USD and 2 referral sales. An Affiliate shall be eligible to receive a payout regardless of the total amount of commission earned, as long as the minimum required commission threshold has been met.

c. All sales are tracked using the visitor’s IP Address and the use of cookies. When a potential customer clicks on the Affiliate’s referral link, a cookie is placed in the customer’s browser to track the referral. The cookie remains valid for a period of 30 days, providing the referred customer with ample time to decide whether to make a purchase. A referral shall not be awarded in the following circumstances: if the customer uses a different browser to make the purchase than the one they used to visit our site (since the cookie will not be present in that browser); if the customer makes a purchase more than 30 days after clicking on the referral link (since the cookie will have expired).

d. Affiliates are not allowed to buy products through their own affiliate link.

e. Affiliates are not allowed to present any kind of cashback scheme, bonus initiative, coupon discount, or claim that customers can get any sort of discount by purchasing through their affiliate link.

f. In the event that an Affiliate materially breaches this Agreement and SureForms terminates this Agreement due to such breach or due to inactivity, then any accrued and payable Commissions owed to the Affiliate shall be forfeited, and SureForms shall not be obligated to pay such Commissions to the Affiliate.

Affiliate’s Representations and Warranties

The Affiliate represents and warrants the following:

a. The Affiliate has the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth in this Agreement.

b. The Affiliate’s website does not contain any materials that are:

Sexually explicit, obscene, or pornographic;
Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
Graphically violent, including any violent video game images;
Soliciting unlawful behavior; or
Soliciting misleading behavior (i.e., invalid, expired coupons, promotions, or discounts);
Soliciting offers and cash incentives on purchases through the affiliate link.

c. The Affiliate has obtained any necessary clearances, licenses, or other permission for any intellectual property used on the Affiliate’s website. Nothing on the Affiliate’s website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor does the Affiliate have any reason to believe

Coupon and Deal Sites

SureForms occasionally offers a coupon to select affiliates and our newsletter subscribers. If you’re not pre-approved or assigned a branded coupon, you’re not allowed to promote the coupon. Below are the terms for any affiliate considering promoting our products related to a deal or coupon:

‘SureForms Deals’ and similar variations in website domain, URL, page title, and headings.
Affiliates should NOT list coupon codes or discounts that are NOT exclusively provided to them.
Affiliates should NOT promote any other coupon codes found elsewhere online.
If you need an exclusive coupon, please contact us.
Affiliates may NOT use misleading text on affiliate links, buttons, or images to imply anything other than currently authorized deals for that specific affiliate.
Affiliates should NOT use misleading phrases suggesting coupons are available.
Affiliates should NOT promote an outdated or expired coupon. It is the affiliate’s responsibility to keep information updated.
Affiliates may NOT generate pop-ups, pop-unders, iframes, frames, or any other actions that set affiliate cookies unless the user has clearly expressed interest in activating a specific saving by clicking on a clearly marked link, button, or image for that coupon or deal. Your link must send the visitor to the merchant site.
Affiliates may NOT generate pop-ups, pop-unders, iframes, frames, or any other actions that set affiliate cookies unless the user has clearly expressed interest in activating a specific saving by clicking on a clearly marked link, button, or image for that coupon or deal. Your link must send the visitor to the merchant site.
The user must be able to see coupon/deal/savings information before an affiliate cookie is set (i.e., “click here to see coupons and open a window to the merchant site” is NOT allowed).
Affiliate sites may NOT have “Click for (or to see) Deal/Coupon” or any variation when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
The use of certain phrases and words in promotions of SureForms and our products is strictly prohibited. Affiliates are NOT permitted to use terms such as:
- SureForms coupon/s’
- ‘SureForms coupon codes’
- ‘SureForms website builder coupon’
- ‘SureForms Website Builder Coupon Code’
- ‘SureForms Website Builder Discount’
- ‘Activate SureForms coupon’
- ‘Activate SureForms Offer’
- ‘Activate SureForms Website Builder Discount’
- ‘SureForms Discount Code’
- ‘SureForms Pro Discount’
- ‘SureForms Deals’ and similar variations in website domain, URL, page title, and headings.

Indemnification

The Affiliate shall indemnify SureForms and hold SureForms harmless from any claims, damages, lawsuits, actions, complaints, or costs arising out of any breach of the Affiliate’s warranties set forth in Section 8 above. The Affiliate shall also indemnify and hold SureForms harmless for any damage, loss, or costs arising from the Affiliate’s use or misuse of the Promotional Materials.

Confidentiality

Any information that the Affiliate is exposed to through its relationship with SureForms under this Agreement, which is not available to the general public, shall be considered “Confidential SureForms Information.” The Affiliate may not disclose any Confidential SureForms Information to any person or entity, except where compelled by law, unless prior written consent for such disclosure is obtained from SureForms.

The Affiliate is required to maintain the confidentiality of their commissions and is prohibited from disclosing the specific amount of their commission to any third party. The relationship between the Affiliate and SureForms is confidential, and the Affiliate must keep the details of their commission and payment confidential.

Termination

SureForms reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or for no reason.

If an Affiliate’s account remains inactive for an extended period, SureForms reserves the right to terminate the account. Affiliates are encouraged to actively promote our products to continue earning referrals. If assistance is needed with promotion ideas, affiliates may contact SureForms for help.

An account will be considered dormant if it has not generated any commissions within a 6-month period. In such cases, we reserve the right to temporarily deactivate the account and reset the balance. Any pending balance will not be paid if the account is deactivated. We may exercise this right without prior notice to the affiliate.

If an affiliate’s promotional methods violate the terms of this Agreement, their referrals may be rejected, and we reserve the right to disable the affiliate’s account without prior notice. We encourage affiliates to use only allowed promotional methods to ensure the success of their affiliate account.

SureForms reserves the right to update the terms, commission structure, or terminate the affiliate program entirely. Any changes will be communicated to affiliates via the email address on file with SureForms or by posting updated terms on our website. Affiliates are responsible for staying informed about any changes to this Agreement.

In the event of the termination of the affiliate account, this Affiliate Agreement shall be automatically and immediately terminated.

Taxes

SureForms shall not be responsible for any taxes owed by the Affiliate arising from the Affiliate’s relationship with SureForms as set forth in this Agreement. SureForms will not withhold any taxes from the commissions paid to the Affiliate.

Limitation of Liability

SureForms shall not be liable for any loss of profits, costs, or any direct, indirect, special, incidental, or consequential damages, including costs associated with the procurement of substitute goods or services (whether SureForms was aware or should have been aware of the possibility of such damage), arising from or associated with any loss, suspension, or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement.

Counterparts

This Agreement may be executed in several counterparts, each of which shall constitute an original, and all of which, when taken together, shall constitute one Agreement.

Severability

If any part or parts of this Agreement are held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision is deemed invalid or unenforceable by a court of competent jurisdiction, and if limiting such provision would make it valid, then it shall be construed as so limited.

Neither party shall be held liable for any breach of this Agreement due to circumstances beyond their reasonable control, commonly referred to as a “Force Majeure Event.”

Headings

The headings for the sections herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.

Data Protection and Privacy

The Affiliate is required to comply with all applicable Advertising Standards and Data Regulations, which include relevant laws related to data protection, privacy, and data processing in relation to this Agreement. These regulations may include, but are not limited to, the General Data Protection Regulation (GDPR) or ePrivacy regulations for EU citizens, guidance from the Federal Trade Commission (FTC), and principles outlined by the Digital Advertising Alliance. Additionally, for US citizens, compliance with the California Consumer Privacy Act of 2018 (CCPA) and other relevant state and federal legislation concerning data privacy and security is mandatory.

Malicious Use

Affiliates are prohibited from distributing any SureForms to any third party while participating in “the Program.” They are also prohibited from creating derivative works of any SureForms. This ensures that all distribution of SureForms occurs through official channels and that the software is not modified or tampered with. If they create works that include both SureForms’s intellectual property and their own (e.g., a promotional video featuring a SureForms product logo), they must either destroy or delete these works.

Affiliate News and Updates

Affiliates consent to receiving newsletters, marketing materials, and promotional offers from us. These communications will be sent only to affiliates and may contain important information about “the Program,” as well as updates and news to assist with promoting SureForms. These emails may also include embargoed or time-sensitive information that can only be promoted after the embargo is lifted. We assure affiliates that we will not engage in spamming practices and request that they add our email to their list of approved senders to ensure our communications reach them.

Affiliate Disclosure

Affiliates are required to disclose the nature of their affiliate links and their material connection to our company when using the affiliate link in an article. These disclosures must be clear and conspicuous and appear on the same page as the affiliate links. They must not require any additional user interaction to be read (such as clicking a link, scrolling, or hovering over an element).

According to the Federal Trade Commission (FTC), disclosures must be placed in a location where they will be easily noticed and understood by the average person visiting the site. Placing disclosures in obscure locations, such as on an “ABOUT US” or “GENERAL INFO” page, behind a poorly labeled hyperlink, or in terms of service agreements, is not sufficient. Disclosures should appear in full either before or in close proximity to the affiliate link itself.

Example Article Disclosure: “Some of the links in this post are affiliate links. This means that if you click on the link and purchase the item, the affiliate will receive a commission.”

Governing Law

These terms of service shall be exclusively governed by the laws of the state of Maharashtra, India, and any dispute arising from this Agreement shall be exclusively brought to the courts of the Pune district court.

Terms History

Last Modified: Oct 8, 2024
Created: Oct 8, 2024

Affiliate Program Terms