Our Affiliate Terms
AFFILIATE AGREEMENT
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ZOOMPROPS.COM.
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
Overview
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in ZOOMPROPS.COM’s online platform. The purpose of this Agreement is to allow affiliates to earn a commission by promoting the ZOOMPROPS.COM website. You (Affiliate) will promote ZOOMPROPS.COM web site by forwarding a special link provided by us to your contacts earn a commission upon registration as a member to ZOOMPROPS.COM. . Please note that throughout this Agreement, “we,” “us,” and “our” refer to ZOOMPROPS.COM, and “you,” “your,” and “yours” refer to the affiliate.
2.0 Affiliate Obligations
2.1. To begin the enrolment process, you will complete and submit the online application. The application will be approved by us within 24 to 48 hours. Approval of the application does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that: your site is unsuitable for our Program, including if it:
2.1.1. Your site is unsuitable for our Program Promotes sexually explicit materials
2.1.2. Promotes violence, Promotes sexually explicit materials
2.1.3. Promotes discrimination of any based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law
2.1.6. Includes “Merchant” or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner that resembles our website nor designs your website in a manner which leads customers to believe you are ZOOMPROPS.COM or any other affiliated business.
2.2. As a member of ZOOMPROPS.COM’s Affiliate Program, you will have access to Affiliate Account Manager. Here you will be able to review our Program’s details and previously-published affiliate information and account detail and earning through registrations of members to ZOOMPROPS.COM. You will only earn a commission for the registration through your affiliate link. You are allowed to create web banners, WhatsApp messages, and marketing material that will not miss represent or misleading.
2.3.ZOOMPROPS.COM reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. If you promote through a website the maintenance and the updating of your site will be your responsibility. We may monitor your traffic and commissions made by you.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
3.0 ZOOMPROPS.COM Rights and Obligations
3.1. We have the right to monitor your promotions at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your campaign that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the ZOOMPROPS.COM Affiliate Program.
3.2.ZOOMPROPS.COM reserves the right to terminate this Agreement and your participation in the ZOOMPROPS.COM Affiliate Program immediately and without notice to you should you commit fraud in your use of the ZOOMPROPS.COM Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, ZOOMPROPS.COM shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
4.0 Termination
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email. Also, this Agreement will terminate immediately upon any breach of this Agreement by you.
5.0 Modification
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, you should read the affiliate agreement for updated terms and conditions and commission structure. We will not notify any such changes. Modifications may include but are not limited to, changes in the payment procedures and ZOOMPROPS.COM’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in ZOOMPROPS.COM’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
6.0 Payment
ZOOMPROPS.COM’ may use a third party to handle all of the tracking and payment base on the commission.
You will be paid the commission payment based on earnings stated on your Affiliate Control panel. The minimum payment transfer limit is RM100. We will transfer your commission payment every Month upon reaching a Min Balance RM 100. All affiliate should open a PayPal account or we can do a direct transfer to your nominated local bank account.
6.0 Access to Affiliate Account Interface
You will create your secure affiliate account interface through affiliate registration. All affiliate information related to your account’s total sales and commissions due to you can be viewed by you.
7.0 Promotion Restrictions
7.1. You are free to promote on your web sites, but naturally, any promotion that mentions ZOOMPROPS.COM could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by ZOOMPROPS.COM. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups, and cross-posting to multiple newsgroups at once. Also, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote ZOOMPROPS.COM so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote ZOOMPROPS.COM so long as the newsgroup specifically welcomes commercial messages. At all times, you must represent yourself and your web sites as independent from ZOOMPROPS.COM. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the ZOOMPROPS.COM Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
7.2. We reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such behavior.
7.3. Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in Merchant’s service).
7.4. IFrames, hidden links, and automatic pop-ups that open ZOOMPROPS.COM’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for contextual marketing; (e), removes, replaces, or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
8.0 Grant of Licenses
8.1. We grant to you a non-exclusive, non-transferable, revocable right to use our affiliate links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of ZOOMPROPS.COM’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of ZOOMPROPS.COM and the goodwill associated therewith will inure to the sole benefit of ZOOMPROPS.COM.
8.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene, or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights, and no right, title, or interest is transferred to the other.
9.0 Disclaimer
ADMISSIONS.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING ZOOMPROPS.COM SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OFZOOMPROPS.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
10.0 Representations and Warranties
You represent and warrant that:
10.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
10.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
10.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
11.0 Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL ZOOMPROPS.COM’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
12.0 Indemnification
You hereby agree to indemnify and hold harmless ZOOMPROPS.COM, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or another proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
13.0 Confidentiality
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without the express written permission of the disclosing party.
14.0 Miscellaneous
14.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and ZOOMPROPS.COM. You will have no authority to make or accept any offers or representations on our behalf.
14.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
14.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York without regard to the conflicts of laws and principles thereof.
14.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
14.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
14.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
14.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
15.0 Questions, Concerns and Complaints? Contact Us.
15.1. If you have any questions or concerns about our privacy practices, we welcome you to contact us by e-mail at support@zoomprops.com
