Introduction
This agreement describes the terms and conditions for participation in the Flixout affiliate program. In this agreement, the term "Affiliate" refers to you (the applicant). In this agreement, “Flixout” refers to Flixout Corporation, a Colorado Corporation, with whom you are entering this agreement. “Customer” refers to any referral that has clicked a unique link provided the Flixout to the Affiliate. By applying to the Flixout affiliate program you are confirming that you have read the agreement and agree to the terms and conditions.
1. Affiliate Programs
There are two types of Affiliate programs with Flixout: one-time and recurring. By default, affiliates are enrolled in our one-time program. Affiliates with a high referral rate will be invited to join our recurring program but are under no obligation to join. Those that are enrolled in our recurring affiliate program are bound by their personalized agreement which supersedes this agreement.
2. Commissions
For a sale to generate a commission to an Affiliate, the customer must complete the order form and subscribe to one of our recurring fee services. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate. Commissions can be viewed on the Affiliate Dashboard.
The commission shall be set at $100 and is limited to once per unique Customer referred. A 90-day holding period shall be in effect to ensure no fraud or chargebacks occur on the client end. Once the 90-day holding period is up, the commission can be paid out subject the payment section of this agreement.
3. Payment
An Affiliate can request a payment when their balance reaches a minimum balance of $200 USD. We will pay you via PayPal, any fees charged by PayPal to receive this payout is the responsibility of the Affiliate. Other methods such as bank wire, debit card loading, ACH transfer are available but subjected to a fee. The fee charged by our bank or payment service provider will be subtracted from the payout request amount. We will only charge you the cost charged to us without a surcharge on our end.
4. Refunds
In the event a customer requests a refund or creates a dispute for a transaction for which the Affiliate has earned commissions, any commissions earned on the refunded/disputed amount will be deducted from the Affiliate’s balance.
5. Usage and Obligations
Affiliates are permitted to use the Flixout brand and marketing resources available in the Affiliates section of the Flixout application. Logos and other assets cannot be modified. The Affiliate does not gain any trademark, copyright or any other rights to these materials.
The Affiliate will never imply that they are acting on behalf of Flixout and will never advertise Flixout products directly. The Affiliate will never bid for advertisements that compete with Flixout.
The Affiliate will never represent themselves, Flixout or their relationship with Flixout in a false or misleading way.
The Affiliate will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing Flixout.
6. Term and Termination
Either party has the right to terminate the agreement immediately without prior notice.
If the Affiliate terminates the agreement, no further commissions from Flixout will be paid for any past or future customer transactions.
If Flixout chooses to terminate the agreement, any balance greater than $200 USD will be paid to the affiliate within 60 days of termination. Balances that are smaller than $200 will be forfeited.
If the Affiliate is on a recurring program, Pure Chat will not be obligated for any future payments after termination.
7. Governing Law
This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Colorado, without regard to its conflict of laws rules.
8. Arbitration
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the State of Colorado. An award of arbitration may be confirmed in a court of competent jurisdiction.
9. Modification
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available commissions, commission schedules, payment procedures and Affiliate Program rules.