Affiliate program agreement

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This Agreement sets out the terms and conditions between Mailer Cloud and you as an “Affiliate” in this Mailer Cloud Affiliate Program (Affiliate Program). For the purpose of this Agreement, the terms “we”, “us” and “our” would be referred to Mailer Cloud and “you”, “your” and “yours” would refer to you, the Affiliate.

1) Affiliate program registration & cancellation

This is a legal and contractually binding agreement between affiliate and you. To apply to the affiliate program, you must complete and submit the affiliate registration form and click on the "agree" button below to indicate your willingness to be bound by this Agreement. This Agreement will take effect if and when we review and accept your registration form and provide you notice of acceptance. By submitting your registration form, you certify that you have read and understood the terms set forth below, and that you are authorized to submit this registration form as the named affiliate.
We reserve the right to approve or reject any affiliate program application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of the affiliate program application.
Without limiting the right to reject any application for any application for any reason whatsoever in our absolute discretion, your application may be rejected if it is incomplete, if your website contains images or content that is not acceptable to us or is simply inconsistent with the image that the we create in association with your website. Furthermore, we may also reject your application if your website contains any illegal, immoral, repulsive, defamatory, derogatory, harassing, harmful, threatening, obscene, vulgar, pornographic, racial or ethnic objectionable materials, depicts sexual situations, promotes discrimination on the basis of race, sex, sexual preference, national origin, ethnicity, nationality, disability, religious preference, or if your site contains any material that appears to have violated any patent, trademark, copyright, trade secret, confidential information, or other property withs of any other party.
We further reserve the right to terminate this Agreement in the event that any restricted content is incorporated on your website after acceptance of your registration form and the commencement of this Agreement. We may also terminate this Agreement if your website is unsuitable based on the criteria below:

  • If your website manipulates key word searches on portals
  • If your website misrepresents as our website by altering the visuals “look & feel” of or text from our website.
  • If you engage in domain squatting
  • If you engage in spamming or sending unsolicited commercial e-mail
  • If you use a proxy server or re-director server to proxy our web pages or websites through your websites, URL or URI.
  • If you are engaging in any activity which includes scrapping text or images from our websites
2) Registration process

For registering, you need to fill in all the required details on the signup form and then connect your Paypal account. Once your account is active, you will get a unique referral link which you may share on your website or blog.

3) Affiliate’s responsibilities

As an affiliate to our program, you will have obligations to place links on your site directing users to our website. We will make available to you button links, text links, and banner advertisements to be place on your website which will direct the users to our website via hypertext link. As our registered affiliate you will be given a limited right to utilise our logo’s and images, for the sole purpose of directing the users to website and fulfilling the other conditions as specified under this Agreement.
We shall make available to you, the links, banners, and other information (“Materials”) for the purpose of advertising our website on your platform/website subject to the terms of this Agreement. These Materials will contain our trademarks and other proprietary property. You may display these Materials on your website for the purpose of promoting our website and participating this affiliate program. If you discontinue the affiliate program or if your participation is terminated for any reason, the you will immediately cease using these materials and will delete all such materials for your website. You must obtain our approval to gain access to our website and the you shall also co-operate with us in the establishment and placement of the Materials on your website.
You will only be permitted to use the links that we designate to be provided on your website and any additional websites and entities will require additional submissions of our affiliate program applications and our approval.
You undertake to not modify the links or other materials provided by us or change the placement of links on your page. You consent to us that you would permit us to monitor your website to determine continued compliance with this Agreement.
You shall also not place links of our website or website content in newsgroups, message boards, unsolicited email and other types of spam, banner networks, counters, chat rooms, guest books and other similar internet resources.

4) Referral fee

You will receive a commission of up to 30% based on the plan chosen by the client. The payments will be transferred to your linked PayPal account when you accumulate a minimum of $100 in referral fee. You will receive a recurring amount every month, depending on the payment made by the client.

5) Anti spam policy

We strictly prohibit the use of unsolicited commercial e-mail or spam campaigns as we maintain a zero tolerance policy towards spam be it direct, third party or any affiliate or similar agent acting on your behalf. As such, we reserve the right to terminate your account or any part thereof, without notice or compensation.
If you are found to be involved in spam or any unsolicited commercial e-mail campaign including flooding newsgroups, distributing messages to recipients that do not want the information or any other abuse contravening our policies, then you shall be met with the following:

a) Your account will be suspended and closed immediately, without burden of notice or compensation.
b) An administrative fee would be levied upon you for violating our terms.
c) You will be held accountable for any monetary damages, suffered by us and sustained through contravention of this Agreement. This would include, but not limited to punitive damages, related to lost clients and brand deterioration.

6) Mailer cloud’s customer’s

All parties who make purchases through our website, regardless of whether they may have reached its website through the link from your website, are deemed to be our customers and not your customers relative to our products or services. We will have the right to contact these customers and send future marketing offers to them. You shall have no rights to further commissions on subsequent purchases that may be traced at the time of purchases through a link from your website. Additionally, all such customers and purchases will be subject to our policies, procedures, rules and regulations and you shall have not right or authority to amend or offer any different offers relative to the purchase of products from our website. We shall however, reserve the right to amend any of our terms, conditions, policies, procedures, pricing, payment policies, collection policies, and all other items relative to our business and sale of products at any time in our sole discretion.

7) Trademarks and copyrights

You will have a non-exclusive, limited, term license to use the trademarks, logo’s and copyrighted material that we provide which shall be used by you solely for the purpose of discharging your duties in accordance with this Agreement. You shall not distribute, reproduce, modify, amend, these any trademarks including but not limited to the images supplied to you and shall use our trademarks only for promoting our websites and products as agreed upon from time to time. The license that we grant is subject to complete compliance with all terms and conditions of this Agreement and policies that we may create and amend regarding this affiliate program.
You will only use such items in the form, size, content and appearance that we provide and you shall not be permitted to modify them. You further agree to display these items promptly on your website. The items provided by us shall only be used in if they contain a hyperlink to our website. The license shall immediately terminate upon the termination of this affiliate program. We may also terminate this license upon providing notice to you in the event that you use any of the items provided by the us in contravention with or without confirming to our standards and we shall have the sole discretion to decide such standards. You agree that we shall retain all right, title and interest in and to all such materials. We shall further retain the goodwill and other value associated with any of those materials. You will not gain any trademark, copyright or other proprietary rights to such materials. You also agree to not take any action that is contrary to or inconsistent with our rights to the materials shared with you. You will also not us the materials in any way that is damaging, defamatory, disparaging, derogatory, or negative to us or that paints us in a false or negative light. We may revoke the limited license granted hereunder at any time and upon any such renovation or termination, you will immediately cease from using the materials shared with you.
You are not permitted to use any other proprietary materials, including but not limited to trademarks, copyrights, logos, text, and any other materials that belong to us or to any other party and which may appear on our website.
By way of this Agreement, you shall grant to us a non-exclusive right and license to the your logo’s trademarks, trade names, service marks, business names, web page, titles, slogans, logo’s, and copyrighted materials, for the purpose of promoting, advertising, announcing, or marketing our participation in our affiliate program.

8) Representations and warranties

You hereby represent and warrant to us that you have complete power and authority to enter into this Agreement and that this Agreement constitutes a valid and legally enforceable agreement. The entry of this Agreement has been duly and validly authorised by all necessary corporate or other organizational actions and approvals. You entry of this Agreement is not prohibited by the terms of any document, is not contrary to any law, rule or regulations and is not in violation of any court or administrative order.

9) Term

The effectiveness of this Agreement shall not commence until your affiliate program application is not accepted by us. The effectiveness hereof and binding effect shall occur upon our acceptance of your affiliate program application. This Agreement shall remain in full force and effect until terminated by us. However, you may terminate this Agreement by providing us with a prior written notice of thirty (30) days.

10) Termination

The effectiveness of this Agreement shall not commence until your affiliate program application is not accepted by us. The effectiveness hereof and binding effect shall occur upon our acceptance of your affiliate program application. This Agreement shall remain in full force and effect until terminated by us. However, you may terminate this Agreement by providing us with a prior written notice of thirty (30) days.

11) Modifications

We reserve the right in our sole and absolute discretion, to modify any terms and conditions of the affiliate program by providing a reasonable intimation to you.

12) Liabilities

We hereby disclaim any and all warranties and liabilities related to any downtime or failure for users to be able to access our website or to access our website from the link from your website. Furthermore, we shall not be responsbile for and hereby disclaim any and all warranties related to our website, the affilaite program, your participation in the affilaite program, you ability to make commissions or otherwise profit through participation in this affiliate program, including but not limited to any warranties of fitness for any particular prupose or merchantability, non-infringement, or nay claim made based upon the our course of dealing or usage of trade. We do not represent or warrant that this website or any application, inccluding but not limited to our link tracking features, will be error free or that they will fucntion without interruption.
We shall not be responsible for any direct or indriect damages or liabilties of any nature, including but not limited to incidental, consequentail, indirect or special dmages, loss profits, lost bsuiness opportunity or any other damages, regardless of whether we were or have been advised of the possibility of the same.
Without limiting the forefoing, our total liability for any damages arising hereunder shall not exceed the total commission paid and payable by us pursuant to the terms hereof.

13) Confidentiality

Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us, our customer, affiliate shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent necessary to exercise rights and perform obligations under this Agreement. The foregoing restrictions will not apply to information to the extent it (i) was known to the receiving party at the time of disclosure; (ii) has become publicly known through no wrongful act of the receiving party; (iii) has been rightfully received from a third party under no obligation to the disclosing party; (iv) has been disclosed by court order or as otherwise required by law if the receiving party has given the disclosing party a reasonable opportunity to contest or limit the scope of such required disclosure.

14) Indemnification

Your agree to indemnify and hold us and all of our other shareholders, officer, directors, employees, contractors, affiliates, agents causes of action, suits, threats, demands, settlements, and any and all claims, liabilities, damages, actions, causes of action, suits, threats, demands, settlements, including all costs and attorney fees related thereto, that we may incur and which are based in whole or in part upon your participation in the Affiliate program, any claims that any of the your trademarks and any other proprietary material infringe upon the rights of any other party, your breach of any term, covenants, condition, representation or warranty contained in this agreement or any policies of participation in the affiliate program, or any claim related directly ot indirectly to your use, operation or the content of your website.

15) Jurisdcition

This Agreement will be governed in all respects by the laws of India, including its conflict with law provisions.

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