Welcome and thank you for becoming a member of the Scaleflex Affiliate program.
The following stated Terms and Conditions in this document (to be considered an “Agreement”) apply to individuals who access or use the Program as both a merchant ("we", “our company" or "merchant") and an affiliate ("you" or "affiliate") who refers customers to our company's product or service.
By participating in the Scaleflex Affiliate Program, the Affiliate agrees to use the Program in the manner specified in these Terms and Conditions and agrees to be bound by them. If you do not agree to all of these Terms and Conditions, you are not permitted to register as an Affiliate or participate in the Program in any way.
1. Enrollment
The Program is professionally managed by Scaleflex. The Terms and Conditions will become effective upon acceptance of your affiliate sign-up request which is approved by Scaleflex, together with your linking to and participation in the Program.
You and Scaleflex are independent contractors, and nothing in this Agreement is intended to create a partnership, joint venture, agency, franchise, sales representation, or employment relationship between you and Scaleflex. You do not have permission to enact or accept any offers or representations on Scaleflex's behalf. You are not permitted to make any statement, whether on your website or elsewhere, that contradicts anything in this section as well as the agreed Terms and Conditions in this Agreement.
2. Participation in the Affiliate Program
To link to and participate in the Program, you must first register for it by sending us an email with your email address - the domain of your username/email address must match the URL submitted with your application for privately registered domain names associated with your site, and request to be an affiliate with us - Scaleflex - or our products - Cloudimage and Filerobot. At Scaleflex, your registration request may be rejected for any reason or no reason. If it is determined that your website contains anything illegal, harmful, threatening, defamatory, obscene, harassing, discriminatory, or otherwise objectionable, your request will be denied.
When an Affiliate consents to take part in our program, we will collect your information such as email, personal information, payment information, and social network information,... The information would assist us in evaluating your background and potential, as well as process-specific activities within the program and contacting affiliates if necessary. The collection of the above information is in line with our Privacy Policy which can be found on the Scaleflex website at www.scaleflex.com.
3. Activities and Restrictions
Scaleflex will provide our official Affiliates with materials needed for performing activities to achieve the best results of their scope of work within this Agreement. The provided materials include all images, product names and numbers, trade names, trademarks, slogans, and/or designs depicted in any marketing collateral or links made available to you through this Program (collectively, “Scaleflex Affiliate Materials") and are defined as the property of Scaleflex.
Affiliates shall only use Scaleflex Affiliate Materials only for the specified purposes herein and shall not misappropriate Scaleflex Affiliate Materials in any way, including incorporation into a domain name.
4. Scaleflex Trademarks and Pay Per Click ("PPC") Bidding Policy and Other Technologies
Permitted:
i. Affiliates may bid on specific terms that are advised by Scaleflex (please note that some manufacturers have blocked the use of their terms without prior permission).
Not Permitted: Scaleflex reserves the right, in our sole discretion, to void and reverse commission payouts for any Program order resulting from fraudulent activity. Other reasons for invalidated orders and commission payment reversals include customer cancellations, credit card declines, or any other circumstance that results in an order not being billed and shipped.
i. Affiliates must not use Scaleflex trademarks or Scaleflex-branded trademarks in the URL to the right of the domain in the display URL, e.g. www.yoursite.com/scaleflex-abc.
ii. Affiliates must not use any URLs, including misspellings and variations, in the display URL at any PPC search engine or various "content network" sections (or others we may communicate to you from time to time).
iii. Affiliates must not include "Official Site" or imply that your advertisement is sponsored or endorsed in any way by Scaleflex.
iv. Affiliates are not permitted to bid on Scaleflex's trademarked terms + "term," such as "Scaleflex coupons," "'Our products' coupon codes," and so on.
v. Affiliates must not bid on the Scaleflex or Cloudimage/Filerobot trademarks and URLs, including misspellings and variations, on any search engine.
vi. Product Listing Ads (PLAs)/Shopping Ads: Affiliates are not permitted to use any data feed files in PLAs with any of the search engines, including network data feeds and shopping network data feeds. Affiliates are not permitted to use PLAs in any cases.
vii. Consumer Shopping Engines (CSEs): Affiliates may not use Scaleflex-branded product data feed files with CSEs. Furthermore, CSEs may not allow their third-party partners to engage in paid search with any of the Scaleflex Affiliate Materials.
viii. Toolbars, Add-ons, and Plug-Ins: Toolbars, Add-Ons, and Plug-Ins, also known as Browser Extensions or Browser Helper Objects, are not allowed in any Scaleflex Affiliate Program.
ix. Reseller, Auctions: Affiliates are not permitted to resell, auction, mask, or modify the pricing of any Scaleflex product.
x. Orders: The customer must complete all orders on a Scaleflex-owned website. Affiliates are not permitted to accept and process Scaleflex customer orders or reorders. Link cloaking is not permitted. Every referred sale must have a "clicked from" URL associated with it.
5. Scaleflex Affiliate Materials
Scaleflex Affiliate Materials includes all the promotional media content such as banners, logos, or a specific collection promotion, via the Scaleflex Marketing tool tab.
Scaleflex grants you a limited, non-exclusive, non-transferable, revocable right to:
i. Access our Materials through the Links solely by, and for the contemplated purpose of this Agreement.
ii. The Materials may not be copied, distributed, altered, modified, reverse engineered, or used to create derivative works. Scaleflex reserves the right to cancel your license at any time by providing you with written notice. Any goodwill generated by your use of the Materials will only benefit Scaleflex.
iii. You agree not to use any Materials for any purpose other than promoting Scaleflex products and services on your website. You agree not to use the Licensed Materials in any way that is misleading or deceptive, disparages the Program, Scaleflex or its affiliates, or any of its or their products or services, or otherwise portrays Scaleflex in a negative light, in Scaleflex's sole discretion. All rights in the Materials are reserved by Scaleflex. You will not challenge, or assist others in challenging, the validity of the Materials or their registration at any time during the Term or thereafter, nor will you attempt to register any confusingly similar trademarks, service marks, logos, trade names, or domain names.
iv. You grant Scaleflex a non-exclusive license to use your names, titles, logos, and trademarks (the "Affiliate Trademarks") to promote and publicize your participation in the Program in any way and/or to further Scaleflex's rights under this Agreement. Regardless, we are under no obligation to promote or publicize your participation in our Program, its existence, or any other aspect of the Program.
To share on affiliate channels, you can either download the media or obtain the HTML embed code that Scaleflex provides through Scaleflex Affiliate Materials.
6. Affiliate's Obligations
When you’re accepted into the Program, place links on your site on the articles or listings.
Actively take part by gaining access to and using promotional Links through the Scaleflex channels.
You agree to be solely responsible for any and all costs and expenses incurred as a result of your participation in the Program and/or performance under this Agreement, including:
i. The development, operation, and maintenance of your site;
ii. All materials appearing on your site, as well as their accuracy and appropriateness;
iii. Assuring that any such materials do not violate or infringe on the rights of any third party, including, but not limited to, copyrights, trademarks, privacy, or other personal or proprietary rights, and that they are not libellous, defamatory, misleading, false or deceptive, or otherwise illegal; and
iv. Ensuring that your site and your business practices do not violate this Agreement.
You agree to keep your Scaleflex application up to date with current and accurate information and to list the websites you use to drive traffic to us at all times. For privately registered domain names associated with your site, the domain of your username/email address must match the URL submitted with your application.
You agree not to make any express or implied representations, or to create the appearance or impression, implicitly or explicitly, that a visitor to your site is visiting our site, or that a visitor to our site is visiting your site, or that Scaleflex approves you, your site, or your products and services (e.g., you are agreeing not to "frame" any pages or portions of our site).
You agree not to use spyware or adware techniques to drive traffic. Installing or causing the installation of spyware on another's computer or using context-based triggering mechanisms to display advertisements that are vaguely paid advertising or other content on a website in a way that interrupts one's ability to view that website, falls under this category. We reserve the right to research and investigate affiliates and their activities and to determine whether or not these practices are in place under our authority. Affiliates who breach this agreed requirement will be immediately removed from Scaleflex Affiliate Program, and any unpaid commissions will be forfeited.
Except for materials made accessible to you by Scaleflex in connection with your participation in the Program, you shall not generate, publish, distribute, or permit any material that refers to Scaleflex or the Program without first acquiring our explicit written consent, which may be granted or withheld in our sole discretion.
Upon successful registration to the Program, Affiliates must provide accurate payment information to Scaleflex. Any changes relating to the payment information that comes from Affiliates must be notified to Scaleflex at least 07 (seven) working days prior to the payout of commission date each month.
7. Affiliate Networks
Scaleflex only works with direct Affiliates who are registered successfully and accepted in our Affiliate system.
Affiliates Networks are currently not available under Scaleflex Affiliate Program. Scaleflex’s accepted Affiliates are not permitted to recruit downline Affiliates or make related announcements about recruiting downline Affiliates under Scaleflex entity or involve such recruitment with Scaleflex products in any way.
8. Commission and Payments
Scaleflex accomplishes and is fully accountable for all commission payments, for all of our company's affiliates, or for Scaleflex-branded products' affiliates.
9. Policies and Pricing
Customers who purchase Scaleflex's products and services through the Program are considered Scaleflex customers. As a result, all of Scaleflex's policies and operating procedures regarding customer requests, customer service, and product and service sales will then apply. Scaleflex shall own and preserve all the rights, title, and interest in all names, addresses, and other identifying information of customers visiting our site ("Customer Data") collected by Scaleflex, including customers who access our site through your site, and Affiliate shall have no rights to use any of such Customer Data.
Without our expressed written permission, you may not include pricing information in your product descriptions. You must direct all questions, requests, and inquiries about our products and services to us. Affiliates are not authorized to approve or accept offers on behalf of Scaleflex.
Scaleflex reserves the right to reject affiliate commissions and/or terminate the Affiliate credential or profile if Affiliates violate this policy.
10. Terms and Termination
This Agreement will apply and become effective on the date your link sign-up request is accepted and will stay in force for as long as you continue to participate in the Program, comply with the terms of this Agreement, or maintain Links to our site on your site. Despite the facts and circumstances, either of us may terminate this Agreement at any time, with or without cause, by providing the other party with written notice of such termination. After termination, no commissions will accrue or be earned by you.
If Affiliate violates any of the terms of this Agreement, Scaleflex reserves the right to immediately terminate Affiliate and remove Affiliate from the Program.
Affiliate is only eligible to earn commissions on sales that occur during the term of this Agreement, and fees earned up to the date of termination are only payable if the related orders are not cancelled or returned. Scaleflex reserves the right to withhold the Affiliate's final payment for a reasonable period of time in order to ensure that the correct amount is paid. If Scaleflex has reason to believe that the Affiliate's orders/referrals were obtained fraudulently or through misrepresentation, Scaleflex reserves the right to withhold payment of commissions pending investigation.
If an affiliate desires to be excluded from the affiliate program, they should contact hello@scaleflex.com.
If this Agreement is terminated, (a) all licenses granted hereunder will be terminated, and (b) you must immediately remove all Materials from Your Site and cease using Direct Checks' name, logos, trademarks, service marks, trade dress, and/or proprietary technology.
11. Program modifications
Scaleflex reserves the right, in its sole discretion, to modify this Agreement or the Program Terms at any time. A change notice will be sent to you via e-mail if these Terms and Conditions are replaced or changed. If you no longer wish to be obligated by the Program terms, as modified, you must immediately cease participation in the Program and notify us. Your continued participation in the Program after any notice of change to this Agreement or the Program terms constitutes your binding acceptance of the same as replaced or modified.
12. Disclaimer and Limitation of Liability
SCALEFLEX MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS CONCERNING THE PROGRAM, OUR SITE, OR ANY SCALEFLEX PRODUCTS OR SERVICES SOLD THROUGH THE PROGRAM, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY SCALEFLEX MAKES NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE SHALL NOT BE LIABLE FOR ANY SUCH INTERRUPTIONS OR ERRORS.
SCALEFLEX WILL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOSS OF REVENUE, PROFITS, OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT, THE PROGRAM, OR YOUR PARTICIPATION IN THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IN RESPECT OF THIS AGREEMENT AND/OR THE PROGRAM, OR ANY BREACH BY DIRECT CHECKS HEREOF, SHALL BE TO DISCONTINUE YOUR PARTICIPATION IN THE PROGRAM.
13. Notices
All notices from you to us required by this Agreement shall be sent via mail, postage prepaid, to one of the following addresses:
France: 21 Rue du Commandant Fuzier, 69003 Lyon, France
Bulgaria: Co-working space - Betahaus: 6 Shipka street, 1504 Sofia, Bulgaria
APAC - Vietnam: Toong Co-working space - 124-126 Nguyen Thi Minh Khai street, Ward 6, District 3, Ho Chi Minh City, Vietnam, 700000