Affiliate terms & conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
By submitting an application, you are agreeing to be bound by the terms and conditions below. These terms and conditions form the "Agreement".
The Agreement is a legally enforceable contract between First Option Industry ("we" "our" or "us") and "you", the company or person named in the application. If you do not want to be bound by the Agreement, you must not submit an application.
1. Joining the Network
1.1 We operate an affiliate system, which enables website publishers like you ("Affiliates") to promote online our products in return for a commission.
1.2 No paid access is required for participation in First Option Industry. Only Affiliates who have successfully completed the First Option Industry Affiliate Signup process found on the Site may participate or use the Site.
1.3 Access to First Option Industry is automatically granted if your details do not match those accumulated in a global black list database. The network will use your IP address, email address and possibly your username against the global blacklist. Any Affiliate applying for an account with a free or disposable email address will be subject to a manual approval by First Option Industry administrators.
1.4 If your application is accepted, you will become an Affiliate. If your application is rejected, the Agreement will terminate immediately.
2. Account Usage
2.1 As an Affiliate, you can participate in the Network and promote products by logging into your Dashboard for Affiliates.
2.2 As an Affiliate, you will be given access to generate links to the websites. As long as you comply with the terms of this Agreement, you can place the Materials wherever you like on your website.
2.3 First Option Industry prohibits the use of this Site by Affiliates who operate websites containing pornographic, racist or illegal content. The definition of pornographic, racist or illegal content is entirely at the discretion of First Option Industry.
2.4 First Option Industry does not support the advertising or placement of advertisements on any sites connected with racist or illegal content.
2.5 First Option Industry will at all times attempt to monitor any misuse. First Option Industry operates in full compliance with the CAN-SPAM Act of 2003 and requires its Affiliates to also comply.
2.6 First Option Industry may deactivate your account if you have sent spam or engaged in any unsolicited promotional activities.
2.7 First Option Industry reserves the right to remove accounts that have remained unverified since creation or have not been accessed in up to 12 months.
2.8 You must notify us or reflect in your account if your website is no longer active or if your website becomes owned by someone else.
2.9 You must notify us immediately if you become aware, or suspect, any abuses or potential abuses of the Network.
3. Affiliate Commissions and Payment
3.1 If you are due to be paid commissions; First Option Industry has implemented a weekly payment schedule.
3.2 Every week your account balance will be processed if you have selected automatic payouts and an invoice is generated automatically so we may process the funds. This only applies should your account be equal to or exceed the minimum threshold for payment.
3.3 We will endeavour to pay any commissions owed to you within 7 - 30 days of receipt of your invoice and with respect to any payments owed to us of those commissions by the relevant Merchant.
3.4 Commission will be paid to you in US Dollars (USD). You accept any currency conversion calculation that takes place is accurate and may include third party processing fees.
3.5 We will not make any payments which are less than a certain amount, also referred to as a "Minimum Threshold". If you have total commissions which are less than the Minimum Threshold, they will be held to your account. When the total amount of commissions held to your account reaches the Minimum Threshold, those commissions will become payable. The amount of the Minimum Threshold may change from time to time.
3.6 If a previously sent payment is rejected by an Affiliate or unclaimed and requires to be resent using any one of the payment methods, a USD $15.00 'repeat reprocessing' administration handling fee will be charged to the Affiliate and deducted from the commission payment amount. Any costs incurred or associated with return of a payment will be deducted from the commission payment amount.
3.7 If we cannot get in contact with you using the contact details set out in your application or account settings, and:
a)we cannot pay you commissions because you have provided incomplete or incorrect payment information; or
you waive your right to be paid those commissions and you assign (way of future assignment) all of your rights and ownership in any commissions which we are holding to your account.
3.8 If we are late paying your commissions, you cannot terminate this Agreement on the basis that the delay constitutes a breach of this Agreement.
3.9 You will not receive any interest on commissions held to your account.
4. Revenue Share Agreement
Subject to this Agreement and its terms, First Option Industry hereby grants to Publisher a free, non-exclusive, non-transferable and revocable license to market and distribute the First Option Industry Service / products to Qualified Referrals, and to use the First Option Industry trademarks, logos and URLs provided by First Option Industry.
5. Affiliate Termination
5.1 First Option Industry prohibits the use of adware software. Such websites, programs and users of adware software may not join First Option Industry.
5.1.1 First Option Industry reserves the right to refuse payment and terminate any such Affiliate account that First Option Industry deems to be of such nature. The definition of adware software is entirely at the discretion of First Option Industry.
5.2 First Option Industry reserves the right to terminate an affiliate and not pay the accrued balance where the affiliate has been deemed to breach this Agreement.
5.3 First Option Industry, in its sole discretion, may disqualify an Affiliate from participation in the use of any or all portions of the Site if such Affiliate engages in any conduct that First Option Industry deems to be illegal, improper, unfair or otherwise adverse to the operation of the Site or detrimental to other users of the Site.
Such improper conduct includes, but is not limited to:
a)falsifying personal information required during account creation;
b)sending spam emails;
c)accumulating earnings or falsifying Merchant program expenditure through methods such as programming techniques or falsified information;
d)intentionally trying to defraud or otherwise tamper with the computer programs or Member information comprising the Site
6.1 First Option Industry may void and refuse to pay/reimburse monetary sums that an Affiliate has earned or deposited and/or require the return of any monetary sums that an Affiliate may have accumulated if engaged or previously engaged in improper conduct.
6.2 First Option Industry may also recover any outstanding fees owed by Affiliates using one or a combination of methods that include deductions to the Affiliates current balance.
6.6 Affiliates further acknowledge that the forfeiture of earnings or deposits shall in no way prevent First Option Industry from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.
6.3 Affiliates may voluntarily close or terminate their account with First Option Industry. Doing so you waive your right to be paid any unpaid commissions below the minimum threshold and you assign (way of future assignment) all of your rights and ownership of any commissions which we are holding to your account.
6.4 You will not receive any commissions which are earned after the date of termination.
7. Miscellaneous
7.1 First Option Industry Affiliates may not refer themselves ('self referral') as either Merchants or Affiliates with the aim of receiving the referral commission.
7.2 All referrals must be tracked using our technology, verbal referrals will not be accepted.
7.3 Affiliates that share the same personal/company details, or website details or commission payment details will also be deemed 'self referral'. Referral commission and any earnings associated with this type of 'self referral' will not be paid.
7.4 First Option Industry, in its sole discretion will determine the meaning of 'self referral'.
7.5 First Option Industry, in its sole discretion will make payment to an Affiliate if there are no outstanding fraudulent activity claims raised by First Option Industry or any of its Members. If appropriate, Affiliate account balances will be adjusted to remedy these claims.
8. Agreement and Changes
8.1 The regulations, terms and conditions contained herein represent the complete, final and exclusive agreement between First Option Industry and the Affiliate, and supersede all prior agreements, representations and understandings between First Option Industry and the Affiliate.
8.2 This Affiliate Agreement may be terminated by First Option Industry at any time. However, such termination does not affect the enforceability of the terms and conditions of this Agreement as they relate to acts and omissions during the period prior to such termination.
8.3 First Option Industry reserves the right to change the terms and conditions or functionality of First Option Industry at any time without notice. We will endeavour at all times to ensure affiliates have been notified when changes have been made to this Agreement. It is also agreed that after notification of Agreement changes, continued use of the First Option Industry Network constitutes acceptance of this Agreement. If you do not agree with changes to our Agreement, the Affiliate should cease promotion immediately and close their account.
8.4 The Affiliate acknowledges that if any provision of this Agreement conflicts with any other rule, regulation, term or condition of the Site, the terms and conditions of this Agreement shall govern.