Each Affiliate Program participant offered by KingDavidKabbalah.com (the “Program Operator”) on https://kingdavidkabbalah.com/affiliate-program (the “Website”) expressly agrees to this Affiliate Agreement.
NOTICE: PLEASE READ THIS AGREEMENT CAREFULLY. UNLESS YOU EXPRESSLY ACCEPT AND ACCESS THIS AGREEMENT, YOU MAY NOT PARTICIPATE IN THE AFFILIATE PROGRAM. BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE FULL TERMS OF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR THE AFFILIATE PROGRAM.
This agreement incorporates the terms, conditions and policies of the Program Operator (found on this Website) herein as if they were fully established by the Program Operator.
Throughout this agreement, “Affiliate Program” means the Affiliate Program operated by the Program Operator in part for the Website.
Each Affiliate is an independent contractor of the Program Operator and not an employee. Nothing contained herein is intended to create an employer/employee relationship.
Affiliates may register for free, we reserve the right to approve or cancel affiliate accounts at any time without notice.
The affiliate or their referrals do not have to pay any fees for membership or membership.
Reference Commissions and Commissions
Each time someone orders through your Affiliate link, your Affiliate ID credits a referral fee if one is specified on our Website. When another Affiliate registers as an Affiliate using its Affiliate link, your account is credited as the Sponsoring Affiliate if our Affiliate Program has a multi-level structure. You do not earn a referral fee for the registration of another Affiliate. Commission amounts and any referral commissions vary according to product, service or opportunity. You may find the fee at which your referral fee is generated, if any, on the Website and is subject to change at any time. If the Website does not indicate the commission fee, then the base rate will be 30%.
Before a Commission Payment is sent to an Affiliate, the Affiliate must submit to the Program Operator information about the payment method by which they will receive their commissions. Such identification information shall include at least the email from your PayPal. You will not receive any commission/commission payment by reference until you submit the required documentation to the Program Operator.
Commissions for products and services are paid at the rates indicated on the Website. The Program Operator will make every effort to pay similar fees on future products, services and opportunities, but reserves the right to pay a different scale if necessary.
Income Tax Obligation
Each Affiliate acts as an independent contractor and as such is responsible for any and all income taxes of the United States or other nations, the affiliate is NOT an employee of KingDavidKabbalah.com
Commissions are paid once a month by the payment processor between 10 and 15 of each month and are paid by the Program Operator.
There is a minimum commission amount of $100. This is the minimum amount you must earn before you are paid commissions. In each commission period, your commission must exceed this amount before you can receive sums for that period. Commissions below this minimum amount will be withheld until such time as the commission equals or exceeds this amount.
These commissions will be saved for up to one year. If after that year the minimum amount is not reached the commissions will be permanently eliminated without the affiliate being able to claim your payment.
In addition, if in a year you do not post activity in commissions and sales, the account may be closed or suspended.
No sales commissions are paid for which payment has not been received, or for any transaction that has been rejected for any reason.
We are not responsible for paying interest to Affiliates on accrued commission payments not yet delivered.
If a transaction incurs a charge-back, or if an online transaction is not completed, no commission payments will be owed to the Affiliate. If a commission has already been paid, then it will be deducted from the future commissions of an active Affiliate.
All commissions are paid in U.S. Dollars through PayPal.
Each Affiliate is responsible for selecting the payment processor through which they will receive their referral/commission fees from the payment processors supported by the Program Operator. If you choose a payment processor through which to receive your commissions and later close the account or it is not available for any reason, the Program Operator will not be liable in case you do not receive the money.
Each Affiliate is responsible for always maintaining the payment processor through which it receives its referral/commission commission OR for selecting an alternative payment method supported by the Program Operator. This choice is made by the Affiliate and the Program Operator assumes no responsibility for the failure to receive payments made in accordance with the payment processor chosen by the Affiliate, or for the Affiliate’s lack of ability to comply with the payment processes or processors supported by the Program Operator.
The Program Operator assumes no responsibility for an Affiliate who does not choose a payment processor. If an Affiliate does not choose a payment processor, the sums due will be paid by check and applicable charges will be deducted for payments by bank cheque or letter.
As a Program Operator Affiliate, your website on which you advertise Program Operator products or Services will only include products that cannot be viewed by persons 13 years of age or younger, unless the Program Operator specifically permits such products. Your website will NOT include content or images that are NOT suitable for view by persons 13 years of age or younger, if You include any reference to the Program Operator, the Website, e-books, or your Affiliate link. On any Website where you include a reference of any kind to the Program Operator, its products, services or e-books, you will NOT include references of any kind to any form of content for “Adults”. Any violation of these requirements will result in the immediate termination of your Affiliate status and you will lose the right to receive the referral/commission fees owed to you. In the event that a violation of these requirements results in the suspension or termination of a payment processor for or by the Program Operator, you will be liable for any liquidated damages of $10,000 as well as actual or consecutive damages that may be incurred by the Program Operator.
Payment Processor Fees
All commissions are calculated on the basis of the net transaction. In other words, all taxes, shipping and payment processor charges are deducted first from the sums charged to the customer. The remaining amount is a sale subject to commission. The commission fee listed on the Website is then applied to determine the amount owed to the Affiliate. All sums paid for taxes, shipping and payment processor charges are not subject to commission. The Program Operator may also charge a transaction fee for each transaction processed. In the event of a transaction fee, the fee amount can be viewed on the Website. This fee is not subject to commission and is also deducted from the amounts paid by the customer, before calculating any commission.
Junk Mail and Unsolicited Commercial Email (UCE)
The Program Operator does not tolerate sending unsolicited e-mail (ECU) promoting, or referencing the Program Operator, or any of the associated companies or Websites, Partners or employees, the Websites, products or services. The provisions of the Program Operator’s Anti-Spam Policy will apply to each Affiliate. Any Affiliate who, in the Opinion of the Program Operator, violates this rule will have its Affiliate status cancelled and the right to all unpaid commissions will be terminated.
Investigations by Government or Public Order Agencies
The Program Operator reserves the right to refuse an Affiliate request or to immediately terminate a Program Affiliate that has ever been investigated by a government or law enforcement agency for the Affiliate’s commercial marketing or advertising practices online or offline. Each applicant for the Program shall disclose to the Program Operator any such investigation, including the results of such investigations, so that the Program Operator can make an informed decision as to whether or not the applicant is eligible for the Program.
Once an applicant is approved, he or she must also immediately disclose to the Program Operator any such investigation that occurs during the period in which that applicant is an Affiliate. Any violation of the provisions of this paragraph shall constitute a material violation of this Agreement, the Affiliate’s status as an Affiliate under this Program shall end without notice and the Affiliate shall lose the right to all Affiliate commissions as partial compensation for damages caused to the Program Operator for the Affiliate’s violation.
The Program Operator and its partners operate with the strictest codes of professional conduct. The Affiliate that discredits the Program Operator or its employees, partners or associates, or incites any form of defamation, racism, unfair business practices, will cause its Affiliate status to be terminated and you will lose the right to all unpaid commissions.
The Program Operator reserves the right to refuse an Affiliate request if, in the Opinion of the Program Operator, the person or entity violates established laws or generalized decency standards. For example, we will reject requests from individuals or companies that promote any form of violence, illegal activities, or those of applicants with whom the Program Operator prefers not to be associated.
Keywords and Promotion
Without the prior written express approval of the Program Operator, no Affiliate will register, own or use a domain name that includes keywords or key phrases that include trademarks, program operator service marks, and/or words contained in the https://mediadigitalfacil.com Program Operator’s domain name. Without express prior written approval from the Program Operator, no Affiliate will use any of these words in any pay-per-click (PPC) or cost-per-action (CPA) campaign. Any violation of the provisions of this paragraph shall constitute a substantial violation of this Agreement, the Affiliate’s status as an Affiliate under this Program shall end without notice, and the Affiliate shall lose the right to all Affiliate commissions as partial compensation for damages caused to the Program Operator for the Affiliate’s violation.
Negative Promotional Content
Affiliates will not use negative content to promote products or services sold by the Program Operator. This includes, in a descriptive but not limited manner, the use of reviews or notices that refer to the Program Operator’s products or services as “scam,” “fraud,” “false,” “false,” “stinking” or synonyms or phrases that convey the same meaning. The Program Operator is aware that this marketing tactic can generate contacts for an Affiliate, but does so at the expense of the Program Operator’s good name. Any violation of the provisions of this paragraph shall constitute a material violation of this Agreement, the Affiliate’s status as an Affiliate under this Program shall end without notice and the Affiliate shall lose the right to all Affiliate commissions as partial compensation for damages caused to the Program Operator for the Affiliate’s violation.
Prohibited Economic Incentives
Affiliates will not use cash refunds or other financial incentives to promote products or services sold by the Program Operator. This includes, but is not limited to, offering to refund a portion of the purchase price to anyone who purchases through the Affiliate’s link for the Program. Such financial compensation devalues the Program at the expense of the Program Operator. Any violation of the provisions of this paragraph shall constitute a material violation of this Agreement, the Affiliate’s status as an Affiliate under this Program shall end without notice and the Affiliate shall lose the right to all Affiliate commissions as partial compensation for damages caused to the Program Operator for the Affiliate’s violation. However, nothing contained in this paragraph prevents the Affiliate from granting non-monetary bonds to buyers as an incentive to purchase through the Affiliate’s link provided such other bonuses are permitted by law.
Affiliate Sales and Tracking
After enrolling in the Affiliate program, you will receive an exclusive Affiliate URL that you will use to promote the Website. When someone clicks on this URL, a cookie will be installed in this individual’s browser, with their Affiliate ID and the individual’s IP address can also be registered with their Affiliate ID. During that visit to the Website or a subsequent visit, when a purchase is made the commission will be granted on the basis of the existence of the cookie.
The duration of the cookie is 365 days.
To receive the corresponding credit for sales, a person or entity must purchase through their exclusive Affiliate URL. Masking or cloaking of links (whether done by software or script, and sometimes referred to as “affiliate link cover-up”) may or may not work with parts of the Website and this Affiliate Program. The Program Operator allows masking or cover-up but must provide a repeatable process for our verification of the undercover link, otherwise the use of the masked or covert link is rejected.
Term and Termination
This contract will begin with your enrollment in the Affiliate Program and terminate when you or the Program Operator terminate your Affiliate status, or if your account is inactive for an ongoing period of twelve months. An Affiliate may terminate this agreement at any time, and for any reason, in writing – or by sending an email – to the Program Operator at the email address mentioned on the Website. The Affiliate may not assign this contract, nor the rights expressed in this agreement, to third parties.
The Program Operator may also terminate this contract at any time, and for any reason, by writing to the affiliate at the email address indicated in the affiliate’s profile, 30 days in advance. The Program Operator may assign this contract to any party, at any time and it will remain in full force and effect, without prior notice to the Affiliate. However, if this contract ends because of violation of the contract or the Terms and Conditions, this agreement will terminate immediately and the Affiliate will lose all rights to the commissions then payable.
Rights to Modify the Contract
The Program Operator, and its associated companies may, in good faith, modify the contract and/or the other terms, conditions and policies of the Website (including the Affiliate Commission Program), at any time and in its sole discretion, by posting a notice of change or a new contract on the Website. These changes will take effect immediately upon publication. The Affiliate’s continued participation in the Affiliate Program following the aforementioned publication of a notice of change or a new contract shall constitute binding acceptance of the Affiliate’s change of party.
If any modification of this agreement is not acceptable to the Affiliate, the Affiliate’s sole remedy is to terminate this agreement. At the end of this agreement, the former affiliate must remove all affiliate links and graphics from their Website, and avoid posting them in any way.
Do Not Misuse
It is understood that the individual using the Program Operator’s system may not use it in connection with obscene, defamatory, libelous, abhorrent, illegal or politically destructive material, the definition of which shall be subject to the sole discretion of the Program Operator. It is also understood that Affiliates should not attempt to mislead the system with the intention of increasing the payments owed to them. If such misuse is detected, the Affiliate will be terminated immediately as such and all amounts payable as and in commissions will be withheld. All Affiliates also agree to avoid participating in activities hostile to the system. Any individual engaged in hostile activities, such as hacking, shall be held liable for any loss suffered by the Program Operator or its partners due to such action.
Only in His Current State
There are no warranties of any kind with respect to the Program Operator’s system regarding functional safety, stability, quality or reliability. This means that the Program Operator or its partners are not liable for any loss or damage incurred directly or indirectly due to the use of the Website, products, services of the Program Operator or any other facet of the system. This will include, in a descriptive but not limited manner, system malfunction, periods of lack of operation or availability, loss of information, discontinuation of service or other inconveniences.
The Program Operator WILL NOT CHARGE ANY FEES to Affiliates for setting up an account to join the Affiliate Program or any program.
Electronic Communications and Email
The Program Operator requires that your primary email address be listed on your affiliate profile. Affiliates may not use the Website or participate in the Affiliate Program until their email addresses are verified. Those who do not verify your email address or use an email address that consistently generates an error response (for example, “User Capacity Exceeded” or “Full Post Box”) will lose all rights to commissions due and this agreement will be terminated immediately.
You may not use an auto-reply email address as your Affiliate email address. When you visit the Program Operator’s Websites or send them emails, you communicate electronically. You agree to receive communications from the Program Operator electronically. The Program Operator will contact you by email or by posting notices on this site. You agree that all contracts, notices, disclosures and other communications provided to you electronically by the Program Operator satisfy the legal requirements that such communications be in writing. If you are an Affiliate, you understand that you may NOT opt out of receiving emails from the Program Operator. As an Affiliate, you must continually have a valid email account registered with the Program Operator or we reserve the right to terminate your participation immediately, without paying refunds for license fees or payment of fees due.
Unauthorized Charges OR Receipt of Payments Through The Sites
No Affiliate, or other person or entity may use the Website, nor the Program Operator’s payment processing system, for private transactions. Any winnings obtained through the Website or through the Program Operator’s payment processing system shall be the exclusive property of the Program Operator. Specifically, Affiliates may not establish a link to the Website for processing products or services that are not fully sponsored by the Program Operator and authorized by the Program Operator and may not establish a link to the Website for product processing beyond what the Program Operator has identified as sellable products for the Website and affiliate-specific sales.
In the event that a Program Operator Affiliate or other person or entity builds links processing orders through the Program Operator’s payment processing system, this action will be considered an attack on computer resources with intent to damage the Website and will therefore be treated as a serious computer crime. Violators will be prosecuted to the greatest extent permitted by law.
Collect or Receive Some Payment for Helping Other Affiliates
An Affiliate’s progress benefits the Program Operator in a variety of ways. If you recruit, sponsor, or obtain Affiliates through the Websites, by any means, you should always be willing to assist such Affiliates at no charge to them if you are receiving compensation from the Program Operator for Affiliate sales in a multi-level payment system. If You are unwilling to assist such Affiliates free of charge, your Affiliate status to the Program Operator will be terminated immediately and commissions due will be permanently withheld as partial compensation for handling Associate and Affected Affiliates.
Affiliate Identification Numbers
You will be assigned an Affiliate IDENTIFICATION number. Your Affiliate ID number can be numeric and/or SeNsIbLe to MaYúScUlAs AND mInsCuLaS. For example, the code ‘learn_more’ is different from ‘Learn_More’. You are responsible for maintaining the secret and security of your Affiliate ID and password. You agree to exempt the Program Operator from liability in the event that such information is shared by you with any other person or entity.
Banned From Sending Predatory Advertising
All Affiliate Program Affiliates agree to avoid all predatory advertising practices, the definition of which will be at the sole discretion of the Program Operator, and will include, in a descriptive but not limited manner, dynamically replacing one Affiliate’s Affiliate ID with that of another with the effect of “stealing” the commission of the Affiliate that won it, whether intentionally or not. Affiliates may not adjust any of the Affiliate’s links provided to reset cookies or prevent other system safeguards. Affiliates understand that participating in such practices is the cause of immediate termination and loss of entitlement to commissions earned.
The Program Operator shall not be liable for indirect or accidental damages (loss of rent, commissions) due to failures to track affiliate system sales, failures of the commission processing system, loss of database files or backups thereof, attacks on computer resources, computer viruses, the continued viability of its products, results of “attempted damage” to the program , or cases of force majeure or natural disasters. The Program Operator does not warrant that the operation of the Internet Sites or that the Program Operator’s network will be error-free and the Program Operator shall not be liable for interruptions or errors.
a) If any part of this agreement or the terms, conditions and other policies of the Website is declared invalid, this agreement and such terms, conditions and other policies shall be, to the fullest extent practicable, construed without reference to that party. No term or provision of this Agreement shall be waived unless in writing and signed by the waivoting party to the provision, and any waiver shall apply only to the specific case or situation it describes and will not continue. No Affiliate shall assign or sublicense this agreement without the prior written consent of the Program Operator.
b) All legal or other charges incurred in the collection of returned checks or declined credit cards or any other non-payment related to a sale made by an Affiliate shall be payable by the Affiliate. All amounts not charged from the Affiliate or affiliate customer are not subject to commission, and charges incurred during the processing or handling of affiliate sales will be deducted in full from commissions owed to the Affiliate. In addition, in the event that the commissions owed to the Affiliate are insufficient to cover any amount, the Affiliate agrees to pay the full amount to the Program Operator.
c) IF THE FOREGOING LIMITATIONS OR LIMITATIONS WITHIN THE AFFILIATE AGREEMENT AND TERMS, CONDITIONS AND OTHER POLICIES OF THE WEBSITE INCORPORATED BY REFERENCE ARE CONSIDERED INAPPLICABLE, THE PROGRAM OPERATOR’S LIABILITY FOR DAMAGES AND DAMAGES UNDER THIS AGREEMENT TO ANY PERSON OR ENTITY SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THAT PERSON OR ENTITY FOR THE PRODUCT, SERVICE AND/OR ELECTRONIC BOOK OR SOFTWARE (LICENSE).
Under no circumstances will you have the right to initiate legal proceedings or to have a jury trial. You shall not have the right to participate in pretrial evidence disclosure except as set out in the rules; you shall not have the right to participate as a representative or member of any class of plaintiffs in connection with any claim submitted to arbitration; the mediator’s decision will be final and binding with limited appeal rights.
(g) Any cause of action or demand you have with respect to the Website, products, services or electronic book(s) shall com begin within ninety (90) days after the claim or cause of action arises or the claim or cause of action is outlawed.
(h) The fact that the Program Operator does not insist on or enforce strict compliance with any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the proceeding between the parties nor trade practices shall act to modify any provision of this agreement.
(i) The Program Operator may assign its rights and obligations under this contract to a party at any time without notice.
j) Use of the titles in this document is for convenience only and does not explicitly identify legal terms or limits.
k) The Program Operator may transfer the rights or responsibilities it has to any person or entity. Nothing contained in this agreement will alter or impede the Program Operator’s right to transfer such rights or responsibilities. Any transfer made by the Program Operator will cause the contract, and any other contract in force then (as well as any other contract between you and the transferring party) to be transferred simultaneously, all without permission.
l) In the event that this Affiliate Program is deemed illegal in any jurisdiction, the Program Operator has the right to terminate this program immediately, without recourse.
(m) If a jurisdiction other than the U.S. requires the Program Operator to collect sales taxes, usage taxes, other taxes, or charges, the Program Operator has the right to immediately terminate this program in that jurisdiction, without recourse.
n) If the payment processors used by the Program Operator determine that sales made through Affiliates cannot be processed with the payment processor, then the Program Operator has the right to terminate this Program immediately, without recourse.
o) Nothing contained herein is intended to imply that the Program Operator will always offer any Affiliate Program, or this Affiliate Program, for all products, services, and/or opportunities sold by the Program Operator on the Websites or that the Program Operator will offer any Affiliate Program.
All rights not expressly granted herein are reserved. This is the entire contract between the Program Operator and you as an Affiliate.
This Affiliate Program contract was last updated on March 21, 2021.
Copyright © 2021, and authorized for use by the owner of this website in https://kingdavidkabbalah.com. All Rights Reserved. Any person other than the licensee is prohibited from copying or using any part of this document without the express written permission of the copyright owner.