Terms of Use and Privacy Statement
By joining our affiliate the program you agree to:
- Only use marketing materials agreed upon or
provided by CalmiGo
- Not make any claims or provide any information
about CalmiGo that can not be found on our website or that we have provided you
with
- Not place CalmiGo ads on any site/social
channel that is different than the ones you provided in your application
without written consent
Additionally, you agree to present proof of how
you are promoting CalmiGo, if asked to do so. If you do not provide this we
reserve the right to withhold funds.
Other traffic restrictions:
No incent
No rebroke
No pop traffic
No adult traffic
No Coreg
No survey
No search traffic
No retargeting
No SEM/ Media buy
Email/ SMS marketing - with prior approval of the text/creative
Terms & Conditions
Your obligations These terms and conditions (“Terms”) are applicable to your participation in the CalmiGo Affiliate Program (“Program” or “Affiliate Program”). This is a binding legal agreement (“Agreement”) between you (the “Affiliate”, “You” or “Your”) and Dendro Technologies Inc, the company that owns the CalmiGo brand (“CalmiGo”). Parties shall hereinafter also be referred to individually as the “Party” and jointly as the “Parties”.
1. General
1.1. As an Affiliate, You will generate leads by directing traffic from your website or platform to the CalmiGo website, and its subdomains and referring potential users to CalmiGo.
1.2. In order to accurately keep track of all leads and traffic to CalmiGo You generate from Your website or (social media) platform, You will need to use tracking links provided by CalmiGo on the affiliate platform for all CalmiGo-related outings. You can request more tracking links in addition to the links that come with the offer(s) by sending an email to 1.3. The maintenance and the updating of your website and/or platform is Your responsibility. CalmiGo may monitor your activities, website and platform to ensure that it’s up-to-date. Based on this monitoring, we may notify you of any changes that could enhance your performance. You will cooperate with CalmiGo to review your activities as part of the Affiliate Program.
1.4. You may only use CalmiGo-creatives and designs explicitly provided or approved by CalmiGo. You may not use CalmiGo branding on Your website, platform or in your messages, except for branding that has been provided by CalmiGo. CalmiGo retains the right to demand that certain creatives and designs be taken down if they are not in line with the regular CalmiGo branding.
1.5. You will act in line with all applicable laws as well as all relevant codes of conduct, practices and procedures relevant to the financial industry.
1.6. You may not use CalmiGo tracking links provided by CalmiGo for any purpose other than allowed in the Terms or any applicable laws.
1.7. These Terms do not constitute an employment agreement or partnership agreement between You and CalmiGo.
1.8. You may not compete with CalmiGo for keywords in possession or in the interest of CalmiGo. This includes, but is not limited to, keywords in popular search machines, such as Google and Bing. CalmiGo reserves the right to decide which keywords are in its interest. These keywords include, for example, any keyword including the term ‘CalmiGo’ and misspellings Of 'CalmiGo' .
1.9. Please ensure that third parties do not get the impression that Your content is official CalmiGo content. Whether or not this is the case is to be decided by CalmiGo. Also, ensure that all content relating to CalmiGo contains accurate and up-to-date information and does not contain any (spelling) errors.
1.10. Affiliates who wish to promote CalmiGo via third parties will be classified as Networks. Networks are directly responsible for the materials, methods and channels of advertisement of their third party affiliates. Networks are not allowed to offer a higher CPA to their third parties than the CPAs indicated in Annex 1 of this Agreement.
1.11. By creating content for CalmiGo you agree that CalmiGo may use your created content as marketing materials, for social and advertising purposes.
2. Compensation
2.1. As a CalmiGo Affiliate, CalmiGo will compensate you in accordance with the Payout Details from Annex 1 for generating leads by directing traffic from your website or platform to the CalmiGo website and its subdomains and referring potential users to CalmiGo.
2.2. Please refer to the Payout Details for the exact details regarding compensation. The Payout Details can be found in Annex 1.
3. Confidentiality
3.1. You will treat any information received from CalmiGo relating to CalmiGo’s business and software with full confidentiality, both during and after termination of this Agreement.
3.2. Such information may not be disclosed, in full or in part, to any other person, firm or organization without prior written authorisation from CalmiGo. You may use such information only when performing your obligations under this agreement.
3.3. Upon termination of this Agreement, you will remove all such information from non-CalmiGo systems and destroy any copies thereof within 48 hours after termination.
4. Intellectual Property
4.1. CalmiGo retains full ownership of all its intellectual property rights, registered or unregistered, or any other protection of a similar nature.
4.2. For the term of this Agreement, CalmiGo grants You a non-exclusive, royalty free license to use its trademarks in the execution of this Agreement, as long as they are used in accordance with CalmiGo’s branding guidelines and instructions. This license can be revoked by CalmiGo at any time and shall automatically end in case this agreement is terminated for whatever reason.
5. Protection of Reputation
5.1. You will take no action which is intended to or which can reasonably be expected to disparage or harm CalmiGo or its reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity for CalmiGo. This includes, but is not limited to, not posting content that (i) is illegal, (ii) infringes upon the personal rights or intellectual property of any third party, or (iii) is harmful, sexually explicit, harassing or promotes violence, discrimination or otherwise contains materials that could reasonably be considered objectionable.
6. Penalty
6.1. In case of a violation of provisions 3, 4 or 5 of this Agreement, You will, upon a written notification from CalmiGo containing evidence of such violation, be liable for 3 a penalty of €10.000 for each violation. CalmiGo does not have to prove any losses or damages. This provision is without prejudice to the right of CalmiGo to claim damages if there are grounds for doing so and does not imply full and final settlement (‘finale kwijting’).
7. Duration and Termination
7.1. These Terms shall take effect on the date that they are accepted by You and they shall remain valid until further notice. Both parties may terminate at any point in time. In doing so, they must adhere to a notice period of one (1) month.
7.2. Notwithstanding provision 7.1, CalmiGo is entitled to terminate this Agreement with immediate effect if you violate this Agreement or are not able to meet the conditions or any of your obligations as described in this Agreement.
7.3. In case of termination of this Agreement, You must remove all content relating to CalmiGo and the Affiliate Program as soon as possible but in any event within 48 hours after termination.
7.4. If any provision of these Terms proves to be invalid or void, the other provisions shall remain unaffected by this and shall remain fully effective.
8. Amendment
8.1. CalmiGo may vary or amend these Terms at any time by giving You notice. If you don’t agree to such amendment or variation, you may exit this Agreement with a notice period of one (1) month.
9. Limitation of liability
9.1. In no event shall CalmiGo be liable to You for any losses or damages, whether indirect, incidental, special, personal or consequential, including but not limited to, loss of profits or loss of business opportunity, even if such losses or damages were foreseeable and whether or not CalmiGo had been advised of the possibility of these losses or damages.
9.2. The liability of CalmiGo will be limited to and will not exceed the amounts paid to You by CalmiGo in commissions during the six months immediately prior to the claim.
9.3. If You become aware of damages and/or losses that You want to claim from CalmiGo, you are required to do so within a reasonable time. Any failure to provide notice to CalmiGo within such reasonable time will automatically lead to CalmiGo not being liable.
10. Mutual indemnification
10.1. Each Party hereby agrees to indemnify and hold the other Party harmless from any and all claims, demands, costs, liabilities, losses, expenses and damages based on (i) any misuse by You or any party under Your control, (ii) any claim relating to your content posted in relation to this Agreement, and (iii) any failure or breach of this Agreement.
11. Applicable law
11.1. This Agreement is exclusively subject to US law. 11.2. The courts of New York shall have exclusive jurisdiction in case of any dispute.
Annex 1 - Payout Details
1. Standard CPA Commission Structure (applies unless a separate agreement has been reached) $25 CPA
2. Payment conditions
2.1. CalmiGo will compensate you for each Qualified User. For a referral to be considered a Qualified User, the following conditions are met: 2.1.1. The referred user has bought CalmiGo from the site.2.1.2. you have not breached any of the requirements or your obligations under these Terms or applicable laws.
2.2. Furthermore, the Qualified User: 2.2.1. is not a robot, computer script or other automated or artificial method; 2.2.2. must complete the registration within the time-limit set by CalmiGo; 2.2.3. may not later be determined by CalmiGo to be fraudulent, incomplete, unqualified or a duplicate.
2.3. We reserve the right to charge back any amounts previously paid to you for the referral of Qualified Users if it is determined that the requirements mentioned in this Agreement have been breached
2.4. CalmiGo is exclusively authorized to determine if a Qualified User has successfully been registered. This may not be manipulated by any means.
3. Payment terms
3.1. Payouts will be made monthly with a 10-day locking period and a payment term of fourteen (14) days. 3.2. You are responsible for keeping Your billing information updated on the CalmiGo Affiliate platform.