“EpicEarn Affiliate Marketing Network Agreement”
Modified: July 24, 2020
“EpicEarn.com” a sister concern of “AMYSON INT” (a team behind the formation of eCommerce system & online stores to facilitate it’s fellow team (creators of digital products, physical products and services of it’s highly professional & skilled technical IT experts) and at the same time have served for almost last two decades in the sectors, ebooks, software, video, audio & music, photography, graphics & digital art, documents, courses, professional services, fonts & web-based applications etc.).
The team work experience lead towards “EpicEarn affiliate marketing network” to generate a market and a passioned marketing team of quality “digital products, physical products and services” to insure quality marketing against permanent handsome commissions / earnings / rewards, being part and partial of the team,
Philosophy of TEAM is “Together- Everyone-Achieves-More”
That is why commissions / earnings / rewards are considered joint achievements of the team, which not only cause increment in the ranking but also pay to all the row in cash permanently as per specified packages of EpicEarn.
To be an affiliate No physical materials, factories or staff required, Just a computer, a sprinkle of passion and drive, and some time is required to start your career for permanent commissions / earnings / rewards (even while sleeping).
Epicearn need not to discourage genuine persons to enter into an ever earning relationship as affiliates/marketers but as in online market non serious persons often cause wastage of precious time of the guiding experts, to avoid which, Epicearn provides only paid access to its market and network against 30$ or any other currency in the like amount, so that the only serious persons interested to join the profession and to start a unique ever alive career of direct & referral earnings(even while sleeping), so join the row, if serious and Epicearn ensure growth as much you are serious to grow, remember EpicEarn network operates 24/7 and it never sleeps.
Marketing guides, Hundreds of EpicEarn Area operators, Country operators, and Franchise servers at different spots around the globe are available and at your disposal to get guidance in all respect, EpicEarn help line is also available for assistance required, if any?.
To join “EpicEarn Affiliate Marketing Network, you are to submit 30$ or any other recognized currency in the like amount, sign up affiliate account with EpicEarn under following agreement, soon after this being a team member you will be provided access to the Epicearn market and network, start work as per guide lines of Epicearn, commissions / earnings / rewards gained will be sent to “the affiliates entitled” at every weak end, through the legal payment method agreed upon.
The amount i.e. 30$ submitted for signing up affiliate account with EpicEarn, is refundable at expressed will to quit / disaffiliate as per EpicEarn refund policy.
At joining EpicEarn every affiliate will be able and at liberty to form his own team too, to enhance earnings of his own apart from EpicEarn circle.
As EpicEarn’s policy is to facilitate the affiliates and fellow business entities economically, so that they may grow faster, that is why EpicEarn conditioned with a comprehensive video and a blog up loaded or managed to up load describing EpicEarn affiliate network program offered above.
In the light of above, join soon and grow soon, at the same time EpicEarn assure that the program will enable you to convert the codes in to cash.
AGREEMENT;- This is a contract between “you” (the “affiliate”) and “us” (the “EpicEarn.com”). Please prior to registering/joining the “EpicEarn” read this agreement carefully, because it applies to your participation in our “EpicEarn affiliate marketing network” and will be binding to abide by the same in letter and spirit.
“EpicEarn affiliate marketing network” works 24/7, which generates earnings/commissions for EpicEarn affiliates even while sleeping, every EpicEarn affiliate is just duty bound to invest their subjective skills to search/capture real & positive market available, for the sale of valuable products and services offered /available with “EpicEarn.com”.
Although some language of this agreement is of legal terminology but we have tried our best to make it easy and understandable.
Participation in “EpicEarn affiliate marketing network” can only be permitted at agreeing on the terms & conditions mentioned hereunder with the specific assent, that the administration of “EpicEarn.com” will be at liberty to amend, alter, update, replace, erase, entirely or partially the existing terms and conditions of this agreement including change of name and style, suspension or termination of services offered as and whenever thinks it necessary as per circumstantial requirement or changed ground realities, the due intimation of “any such development and date of its enforcement” will be made to you through possible available means and you will also be at liberty to “carry on” or to “quit” with due intimation.
TERMS, The following is a list of defined terms used throughout this agreement.
- EPICEARN AFFILIATE, an individual or entity that registers with “EpicEarn” and agrees to display links (hereinafter defined) and otherwise market products or services (hereinafter defined) in order to generate verified sales in exchange for commissions.
- REFERRED AFFILIATE is also an individual or entity that registers with “EpicEarn” from your link, it will also be termed as an EpicEarn affiliate, and will serve you with a referral commission as per Specified packages of “EpicEarn” and sales made through such EpicEarn affiliate will also generate commissions for you as per Specified packages of “EpicEarn”.
- PROBATION PERIOD is initial ninety days of every affiliate to ascertain his seriousness but will enjoy all privileges and perform duties as permanent affiliate.
- REFUND POLICY at completion of probation, desirous of refund, will be at liberty with due ninety days notice of refund by fulfilling refund request form, found eligible 30$ or any other currency in the like amount will be refunded.
- “THE SELLER” is an individual or entity who have products or services to sell and are in a specific business arrangements/association with “EpicEarn” in order to utilize/use the platform “EpicEarn affiliate network” to have post links and otherwise market the products or services, pursuant to the terms settled with “EpicEarn” and agrees to pay commissions against approved/verified sales generated by registered EpicEarn affiliate, a SELLER may also be referred to as a VENDOR and herein after referred to as “the seller”.
- INSERTION ORDER, is the form describing the particular specifications by which an EpicEarn affiliate market products or services, insertion orders may also specify types of media used (e.g., links or banner ads), details of approved/verified sales, and commissions available for such approved/ verified sales, insertion orders may also appear under “the seller” page in the product market of “EpicEarn” or maybe supplied/allowed separately to EpicEarn affiliate.
- EPICEARN KNOWLEDGEBASE is the information available at https://epicearn.zendesk.com/hc/en-us.
- EPICEARNPAY is a payment mechanism / a service offered by “EpicEarn”through which commissions/payments attributable will be made/transferred in accordance with the terms and conditions as per Specified Packages of “EpicEarn” as set forth herein or separately with the sole discretion of “EpicEarn” through all or any available legal and approved means and within their legal limits of transfer of money preferably convenient for the administration of EpicEarn, with a compulsion to maintain safe records of such transactions, failing which defaulting end will be liable to face consequences.
- EPICEARN LINK, is a hyperlink placed, when clicked on, serves the seller’s website to the user’s browser, the link may be in the form of text, a product image, a button, a banner, or any other format acceptable and defined in “insertion order”.
- EPICEARN PRODUCT MARKET is the section of the “EpicEarn” where “EpicEarn”list the products or services to facilitate EpicEarn affiliates for the purpose to provide the ever simple, influential, result-oriented and rapid mechanism/techniques of ONLINE business, so that EpicEarn affiliates may grow fast as compare to the others in the sector.
- Sale/Complete or Verified Sale, Each sale made/conducted from the products and services offered/provided by the EpicEarn and ordered through the link of an EpicEarn affiliate will be termed as a verified sale, if EpicEarn or the Seller’s checkout page discloses the completion of the sale of relevant product or service and specifically confirms full payment of consideration amount for the product or service ordered has been made and the specific refund period of the sale has expired.
- Commission of Sale, Sales of products and services made/conducted through the link of EpicEarn affiliate will on each sale generate commissions (referred herein as sale commission) for you as per Specified packages of “EpicEarn” and all such commissions will be automatically be credited to your account with due intimation to the concerned ends and can be withdrawn as per payment schedule of
- Referral Commission, user signup from your link will also be considered a verified sale and will serve you with a commission (referred herein as referral commission) just up to the level three (3) as per Specified package of “EpicEarn”.
- Referral Sale Commission, Sales of products and services made/conducted through the link of “your” referred affiliate will on each sale generate commissions (referred herein as referral sale commission) for you as per Specified packages of “EpicEarn” and all such commissions will automatically be credited to your account with due intimation to the concerned ends and can be withdrawn as per payment schedule.
- ACTIVE EPICEARN AFFILIATE ACCOUNT, at your call for the access to “EpicEarn affiliate network” against refundable deposit 30$ or any other recognized currency in the like amount, separately specified by the EpicEarn, you will be provided access to “EpicEarn affiliate network” to be called your active EpicEarn Affiliate Account, probation arrangement funds will remain active up till only ten Direct or referral sales against specified commissions, preferably within three months, thereafter you will be eligible for a REFUND of probation arrangement funds as a bonus.
As part of the “EpicEarn affiliate network” and the products and services offered on the site, “EpicEarn” may publish ratings for EpicEarn affiliate and/or “the seller” participating based on information supplied by the EpicEarn affiliate or “the seller” during the registration process and on information relating to sales performance for such EpicEarn affiliate or “the seller” such ratings are based on criteria chosen by “EpicEarn” in its sole discretion, you acknowledge and agree that “EpicEarn” has the right to evaluate information relating to you and to publish on the site, based on the criteria, information, and methods “EpicEarn” chooses in its sole discretion, in no event does “EpicEarn” warrant or guarantee correctness, comprehensiveness, completeness, accuracy, timeliness, or fitness for a particular use or purpose of any ratings on the site, nor does “EpicEarn” warrant or guarantee any results or performance based on any particular ratings, such ratings are provided solely as a tool to aid EpicEarn affiliate and “the seller” in their decision about who they would like to work, you are solely responsible for investigating and determining the sellers with which you choose to work and for the consequences of such determination, in no way shall any rating be deemed an endorsement by “EpicEarn”.
You agree that you will not intentionally solicit “the seller” directly or indirectly via an ad agency, broker, or any other person or entity, “EpicEarn” will promptly reply in writing to any inquiries received regarding the status of any person or entity in a business arrangement or registered with “EpicEarn” so as to aid in efforts to comply with the non-solicitation provisions of this agreement, because “EpicEarn” will be irreparably harmed by such conduct and because the true extent of such harm will be impossible to quantify, monetary damages will not be an adequate remedy for any such conduct, EpicEarn affiliate agrees that “EpicEarn” may be entitled to injunctive relief without the necessity of posting a bond or required demonstration of the failure of monetary damages, such injunctive relief is in addition to and not exclusive of all other rights and remedies available to““EpicEarn” the ability to seek and obtain injunctive relief is a bargained for provision of this agreement.
- PROHIBITED WEBSITE, CONTENT, PRODUCT, AND SERVICES.
“EpicEarn” prohibits certain types of contents from being used with regard to the “EpicEarn affiliate network”.
You may not use any websites, advertisements, or any other content that contain, promote, or engage in order to advertise, sell, or link to any websites, products, or services,
- X-rated or sexually explicit materials;
- Violence or discord;
- Discrimination based on race, religion, nationality, disability, sexual orientation or age;
- Any illegal activity, including hacking;
- The violation of intellectual property rights; or
The violation of any other terms or guidelines posted by EpicEarn on the Site or in any part of the EpicEarn affiliate network, EpicEarn reserves the right to warn the from using any particular website, advertisement, or content to advertise products or services through the EpicEarn affiliate network in EpicEarn’s sole discretion, in case of any such violation not only you will be expelled from the EpicEarn affiliate network by all means and will be dealt with in accordance with the Global laws concerned.
- SERVICES, LICENSE, AND INTELLECTUAL PROPERTY.
“EpicEarn” grants EpicEarn affiliate a revocable, non-transferable, non-sub licensable, nonexclusive, limited license to use and host Links to the Site and/or designated Sellers’ websites containing Sellers’ marketing materials on Affiliate’s website and any other approved media solely for the purpose of performing services pursuant to this Agreement and the applicable Insertion Order(s), EpicEarn does not grant EpicEarn affiliate any license to host its own advertising campaign separate or distinct from the link to the EpicEarn Site and/or designated Sellers, websites, EpicEarn affiliate acknowledges and agrees that EpicEarn affiliate does not have, nor will it claim, any right, title or interest in (i) EpicEarn’s proprietary software or any of its websites or Links or other marketing materials of EpicEarn or its Sellers, (ii) any software, applications, data, methods of doing business or any elements thereof, or (iii) any content provided by EpicEarn or its Sellers. EpicEarn affiliate will not attempt in any way to alter, modify, eliminate, conceal, or otherwise render inoperable or ineffective any tags, source codes, links, pixels, modules or other data provided by or obtained from EpicEarn that allows EpicEarn to measure advertisement performance and provide its services. In addition, EpicEarn affiliate acknowledges that all non-public information, data and reports received from EpicEarn hereunder or as part of the services hereunder are proprietary to and owned by EpicEarn, If instructed to do so by EpicEarn and/or if EpicEarn affiliate shall be terminated by EpicEarn, EpicEarn affiliate will immediately destroy and discontinue the use of any EpicEarn data, including Site data, and any other material owned by EpicEarn or any of its Sellers.
USE OF TRADEMARK, REGISTERED SYMBOL, ®, OR LOGO. Notwithstanding the foregoing, EpicEarn affiliate shall ensure proper use of the EpicEarn trademarks, You shall properly identify any EpicEarn trademarks, logo, including by using the registered symbol, ®, where appropriate, and You shall not change or distort the color, sizing, or other design features of any EpicEarn trademarks, only using the EpicEarn trademarks as provided by “EpicEarn”. The list of acceptable EpicEarn trademarks, along with applicable specifications, can be found at: https://www.epicearn.com/logos. You shall not combine the EpicEarn trademarks with any other logos, words, graphics, symbols, or other Trademarks. Further, you shall not use the EpicEarn trademarks in any way that falsely implies any sponsorship, affiliation, or endorsement of you by “EpicEarn”. Whenever you use the EpicEarn trademarks, you shall also display in the primary and more prominent position your own logo, company name, and related Trademarks. “EpicEarn” reserves the right in its sole discretion, to modify or terminate your use of the EpicEarn trademarks at any time and for any reason, including for failure to comply with these trademarks use requirements.
The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of “EpicEarn” may not be used in connection with any business, product, or service whose source is not “EpicEarn”, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits “EpicEarn” or any of EpicEarn affiliate. All other trademarks, service marks, trade names, and logos not owned by “EpicEarn” that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by “EpicEarn”, Nothing contained on the Site should be construed as granting, by implication, estoppels or otherwise, any license or right to use any of the trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of “EpicEarn” or EpicEarn affiliate displayed or contained in the Site without the express, written consent of “EpicEarn” or EpicEarn affiliate.
All content on the Site, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, and the compilation of all content on the Site, as well as all software used on the Site, is the property of “EpicEarn” and is protected by the United States and International Copyright Laws. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Site without the express, written consent of “EpicEarn”.
- Payment Processing Account(s). In order to be eligible to participate in the EpicEarn affiliate network using instant payments or a delayed payment plan (each as detailed below), You must register/signup and create a verified account with EpicEarn supported payment processor, supporting such payment method, as set forth in the EpicEarn Knowledgebase, which includes supplying all information required by EpicEarn supported payment processor, You are responsible for complying with all requirements for registration/signing up with such EpicEarn supported payment processor and complying with all applicable terms and conditions located on the EpicEarn supported payment processor’s website, In addition, You must complete the necessary processes in order to properly link Your EpicEarn supported payment processing account to the EpicEarn payment system, Failure to properly link Your EpicEarn supported payment processing account to the EpicEarn payment system may be a ground for termination of Your EpicEarn Account and your participation in the EpicEarn affiliate network, which EpicEarn will determine in its sole and absolute discretion.
In no event shall EpicEarn be responsible for ensuring proper registration with EpicEarn supported payment processor, proper linking to the EpicEarn payment system, or proper payment of any sums under this Agreement, Each payment through the EpicEarn affiliate network is required to be processed through EpicEarn supported payment processor, using Your EpicEarn supported payment processing account, or through a EpicEarnpay supported payment processor, using Your EpicEarnpay supported payment processing account, and are subject to all terms and conditions provided on the EpicEarnpay supported payment processor’s website. You are solely responsible for ensuring proper receipt of payments. In no event does EpicEarn make any representations or warranties of any kind relating to the EpicEarn supported payment processor’s website, Your EpicEarn supported payment processing account, your EpicEarnpay supported payment processing account, or any payments through such account(s); nor is EpicEarn liable in any way for any error or omission on the part of any EpicEarn supported payment processor or EpicEarnpay supported payment processor.
- SELLER LINKS. As a registered EpicEarn affiliate you will have the opportunity to place Links, banner ads, and related materials advertising EpicEarn products or services on your websites or in other media approved by the EpicEarn. You are free to place such Links and related materials on your websites or other approved media as you feel fit, provided that you comply with all requirements posted by EpicEarn or “the Seller” in the Product market or in the relevant Insertion Order. Any page containing Seller’s Link, banner, or materials must be written in English. EpicEarn affiliates are prohibited from displaying Sellers’ Links or materials on newsgroups, chat rooms, unsolicited emails, ICQs, message boards, banner networks, hit farms, counters, or guestbook’s. EpicEarn affiliates are also prohibited from displaying a Seller’s web site in any way that is not the result of a direct click by the end-user. Desktop advertising schemes are strictly prohibited, including any and all third-party advertising platforms that use a desktop application to display advertisements in any form.
- COMMISSION. On Each verified Sale made from the products and services offered/provided by the EpicEarn, EpicEarn affiliate will earn a commission as per Specified packages of “EpicEarn” and in the relevant Insertion Order for each complete/verified sale that You send through the Links or materials posted on Your website, you will be entitled to receive such Commissions attributable to You at completion/verification of the sale by all means on EpicEarn or the Seller’s checkout page for the relevant product or service and specifically at confirmation of full payment of consideration amount for the product or service ordered at the expiry of the refund period. For each such order that completes the preceding process, you will be entitled to withdraw as per Specified packages of “EpicEarn” and as per the relevant Insertion Order for each completed sale.
- YOUR OWN LINKS.Commission Fees will not be made to EpicEarn affiliate who purchase a product or service using own link.
- Spam, or Unsolicited Commercial Email, is Absolutely Prohibited.EpicEarn will terminate and immediately dismiss EpicEarn affiliate from the EpicEarn affiliate network if EpicEarn determine that You have sent SPAM or Unsolicited Commercial Email, whether in connection with the EpicEarn affiliate network or otherwise, and You will not be entitled to any payment or reimbursement for funds remaining in Your EpicEarn supported payment processing account or Your EpicEarnpay supported payment processing account. Further, you agree to comply with all U.S. state and federal SPAM laws, including, but not limited to, the Federal CAN-SPAM Act of 2003, as amended from time to time, and any rules or regulations promulgated under the Federal Trade Commission or any other federal agency thereunder. You also agree to indemnify EpicEarn from any liability connected with SPAM or unsolicited email transmissions by you or connected to you, a further violation of any law enforced for the time being will also tantamount a ground for your termination.
- Inactive Accounts. EpicEarn reserves the right, in its sole and absolute discretion, to terminate Your EpicEarn affiliation, if it is left inactive for more than six (6) months and to remove the same from the Site. An “inactive” account is one for which both of the following are true for at least six (6) months: (i) no one has logged the account, and (ii) no one has used the account for any transaction even having a balance that remains uncollected be forfeited and will no longer be available.
- EPICEARN AFFILIATE CONTENT EpicEarn affiliate represent that all content, data, or information provide to EpicEarn or post on the Site is solely owned by You or provided by You with the express authority of the person or entity You represent; does not infringe upon any other individual’s or entity’s rights (including, without limitation, intellectual property rights); and is not defamatory, libelous, unlawful, or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an EpicEarn affiliate (or in connection with the EpicEarn affiliate network) any content, or website that includes content, that is libelous, defamatory, obscene, pornographic, abusive, and fraudulent or violates any law. You are solely responsible for the content, data, and information you provide, promote, distribute, place, or otherwise publish and for your website.
- REPRESENTATIONS, WARRANTIES, AND COVENANTS.
- Mutual Representations. Each party represents and warrants that: (i) it has the right to enter into and fully perform the services contemplated herein, consistent with this Agreement; (ii) there is no outstanding contract, commitment or agreement to which it is a party that conflicts with this Agreement; and (iii) at all times while EpicEarn affiliate is participating in any of EpicEarn services, using the Site, or participating in the EpicEarn affiliate network, each party shall comply with all applicable laws and regulations. Neither party makes any guarantee, representations or warranties expressed or implied, as to the level of consumer response that will result from the EpicEarn affiliate network.
- Affiliate Representations. EpicEarn affiliate represents and warrants that: (i) Affiliate’s websites and other media will comply with all applicable State and Federal laws; (ii) Affiliate’s websites and other media do not contain or promote, nor link to another website that contains or promotes, libelous, defamatory, abusive, violent, prejudicial, obscene, sexually explicit or illegal content, products, services or activities; (iii) Affiliate owns or has the legal right to use and distribute all content, copyrighted material, products, and services displayed on Affiliate’s websites and other media; (iv) Affiliate shall not promote products or services through websites or links to websites containing any pornographic, racially or ethnically discriminatory, political, software pirating or hacking, hate-mongering, or otherwise objectionable or illegal content; (v) Affiliate shall at no time use EpicEarn’s proprietary software or any materials provided by EpicEarn or a Seller in any manner other than that which is specifically contemplated herein; (vi) Affiliate will not engage in any kind of deceitful, misleading or other unfair trade practices, or fraudulent or other unlawful practice; (vii) Affiliate shall at no time engage in, disseminate, promote or otherwise distribute EpicEarn’s or Sellers’ Links or marketing materials through the use of contextual media, specifically, downloadable software (also called adware, pop-up/pop-under technologies, plug-ins, and other names as applicable); (viii) Affiliate will not place any Link on any website that contains inappropriate content, which includes, but is not limited to, content that: (a) promotes the use of alcohol, tobacco or illegal substances, nudity, sex, pornography, adult-oriented content (such as phone sex or escort services), expletives or inappropriate language; (b) promotes gratuitous violence, abuse or threats of physical harm; (c) promotes illegal or unethical activity, racism, hate, SPAM, mail fraud, gambling, sweepstakes, pyramid schemes, investment and money-making opportunities or illegal advice; (d) promotes use of illegal substances or illegal activities (such as bomb building, counterfeiting money or using pirate software (e.g., Warez or Hotline)); (e) is libelous, defamatory, infringing, false, misleading or contrary to public policy; (f) is otherwise prohibited by Federal or State law; or (g) may bring EpicEarn or its associated Sellers (or both) negative publicity; (ix) Affiliate will not engage in any spoofing, redirecting or trafficking from adult-related websites in an effort to gain traffic or websites that are point, lottery or rewards based and encourage users to click on offers or use offers to generate revenue for users to win points, rewards, or other incentives (unless expressly approved in writing by EpicEarn); (x) Affiliate will not violate any third party terms and conditions, which includes, but is not limited to, the unauthorized use of a third party website for commercial gain or post bulletins to non-owned accounts; (xi) Affiliate will not use deceptive or misleading practices (such as the use of spyware, adware, devices, programs, robots, Iframes, hidden pictures, redirects, spiders, computer scripts or other automated, artificial or fraudulent methods designed to appear as if a consumer is generating a lead); (xii) Affiliate will not engage in any deceptive form of advertising; and (xiii) Affiliate will not make any express or implied claim about any seller’s product or service unless (a) the Seller has approved the making of the claim, and (b) the claim is properly substantiated.
- LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY. in no event shall EpicEarn be liable for any damages of any kind arising from: (a) affiliate’s use of any of EpicEarn’s services or the site, including any reliance on any affiliate or vendor rating on the site, (b) affiliate’s participation in the affiliate program, (c) any rating of affiliate and/or any vendor displayed by EpicEarn on the site, (d) affiliate’s display of any vendor materials, or (e) affiliate’s EpicEarn supported payment processing account, affiliate’s EpicEarnpay supported payment processing account or acts or omissions of any payment processor.
Due to the nature of internet availability and accessibility, downtime or other interruptions in service regarding the site, the links, the payment processor’s website, and its services, or the other services described herein may occur. without limiting the above, the links, the sites, the vendor materials in the product library and any other materials provided to the affiliate are provided “as is,” without any warranty of any kind, and EpicEarn makes no warranties, express or implied, by operation of law or otherwise, and expressly disclaims all warranties, express, implied or statutory, including, without limitation, any warranties (a) of title, non-infringement, merchant ability or fitness for a particular purpose; (b) that there are no viruses or other harmful components therein; (c) that the security methods employed by EpicEarn or its vendors will be sufficient in all circumstances or against all attacks; (d) regarding correctness, accuracy, or reliability of any information set forth therein or thereon; (e) regarding any payment processor, its website, its services, or its security; or (f) against interference with the enjoyment of a party’s website. all information and computer programs provided by EpicEarn in the course of this agreement are provided with all faults, and the entire risk as to the satisfactory quality, performance, accuracy, and effort are with the user. Some states limit the ability to disclaim all warranties, so this clause or some portions of it may not apply to you.
In no event shall EpicEarn be liable for any loss of profits, loss of use, property damage, damage for bodily injury, or any indirect, incidental, special, or consequential damages, even if EpicEarn has been advised of the possibility of such damages.
EpicEarn makes no representations and warranties whatsoever, and disclaims any responsibility and liability, regarding the content or nature of any advertisement or marketing materials, or any product or service advertised in connection therewith or on any linked pages.
EpicEarn has no liability to Affiliate for unapproved hyperlinks or materials, including all copy, images, URL names, and search terms used by Affiliate for promotions, campaigns or programs.
EpicEarn makes no representations whatsoever about any other website that Affiliate may access through EpicEarn’s services or the EpicEarn affiliate network. When Affiliate accesses a website that is not associated with and is independent from EpicEarn, Affiliate acknowledges that EpicEarn has no control over the content of such a website.
EPICEARN does not guarantee that Affiliate will achieve any particular earnings or results through Affiliate’s participation in the Affiliate Program. EPICEARN incorporates by reference the earnings disclaimers found at https://www.epicearn.com/earnings.
- INDEMNITY. Affiliate will defend, indemnify, and hold harmless EpicEarn, the Sellers, and their affiliates, directors, employees, agents, successors and assigns from and against all claims, actions, losses, liability, damages, costs, and expenses (including reasonable attorneys’ fees and expenses) (collectively “Claims”) arising from, related to or associated with any acts or omissions of Affiliate, any breach of this Agreement by Affiliate or any breach by Affiliate of any representations or warranties contained herein. EPICEARN reserves the right, at Affiliate’s expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Affiliate hereunder. Affiliate hereby acknowledges that the Sellers are intended third-party beneficiaries of the foregoing indemnification obligation. No settlement may be consummated without EPICEARN’s express written authorization, which shall not be unreasonably withheld. As part of this indemnification obligation, EPICEARN shall have the right of offset against any amounts owed hereunder to Affiliate for any indemnification obligations set forth above.
Affiliate will immediately notify EpicEarn of any current, impending, or potential legal action against it by a third party for matters relating to EpicEarn, the Affiliate Program, this Agreement, or any information provided in connection therewith (or any combination of the foregoing) when the same arises.
- FORCE MAJEURE. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, shortage of materials or supplies, or any other cause beyond the reasonable control of such party; provided, however, that the party whose performance is affected by any such event gives the other party written notice thereof within three (3) business days of such event or occurrence.
- Entire Agreement. This Agreement, together with the terms for each of the applicable Insertion Orders, constitutes the entire agreement between the parties and supersedes all prior agreements or understandings between the parties.
- This Agreement shall begin upon EpicEarn’s acceptance of Your Affiliate application and shall remain in effect until terminated by either party. Either party may terminate this Agreement at any time, with or without cause, upon providing written notice of termination to the other party.
- Governing Law. This Agreement and all rights and obligations arising out of or connected to this Agreement, including matters of construction, validity, and performance, shall be governed by and construed according to the laws of the State of Florida, without regard to its conflicts of laws provisions. Any disputes arising under or relating to this Agreement shall be brought exclusively in the state or federal courts of Seminole County, Florida, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any suit, action, or proceeding arising out of or connected to this Agreement.
- No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
- Affiliate may not assign any of its rights hereunder without the prior written consent of EpicEarn, which consent may be withheld for any reason.
- In the event that any provision of this Agreement is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of this Agreement shall remain valid and enforceable according to its terms.
- The parties agree that EpicEarn is acting as an independent contractor in offering its services and managing the Affiliate Program and that the relationship between EpicEarn and Affiliate shall not constitute a partnership, joint venture, or agency. Neither EpicEarn nor any of EpicEarn’s employees or agents (collectively referred to herein as the “Employees”) shall be considered: (i) an employee, agent or legal representative of Affiliate, or (ii) shall have any authority to represent Affiliate or to enter into any contracts or assume any liabilities on behalf of Affiliate. EpicEarn retains all the rights and privileges of sole employer of the Employees, including, without limitation, the right to control, hire, discipline, compensate, and terminate such Employees. Neither EpicEarn nor any of the Employees shall have any right to receive any employee benefits as are in effect generally for Affiliate employees.
- EpicEarn reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Affiliate Program at any time. In the event of any material change, EPICEARN will notify You via email, newsletter, or the Site at least three (3) days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the Affiliate Program.
- No Third Party Benefit. Except as explicitly stated herein, the parties intend that no other person or entity is or shall be entitled to bring any action to enforce any provision of this Agreement against either of the parties and that the covenants, undertakings, and agreements set forth in this Agreement shall be solely for the benefit of, and shall be enforceable only by, the parties and their respective successors and assigns as permitted hereunder.
- Headings herein are used solely for convenience and are not intended nor in any sense are to be given any weight in the construction of the Agreement.
- Notice. Any notice, communication or statement relating to this Agreement shall be in writing and deemed effective: (i) upon delivery when delivered in person; (ii) upon transmission when delivered by verified facsimile transmission or verified email; or (iii) when delivered by registered or certified mail, postage prepaid, return receipt requested or by nationally recognized overnight courier service to Affiliate at the address provided during the registration process and to EPICEARN at the following address:
- EPICEARN has implemented procedures for receiving written notification of claimed infringements of copyright and for processing such claims, in accordance with the Digital Millennium Copyright Act (“DMCA”). To file a copyright infringement notification with Us, You will need to send Us a written communication that includes substantially the following information (see 17 U.S.C 512(c)(3) for further detail, or consult Your legal counsel to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Us to locate the material (the best way to tell Us this is to provide a URL in the body of an email);
- Information reasonably sufficient to permit Us to contact You, such as an address, telephone number, and, if available, an electronic mail;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to EpicEarn’s designated agent as follows:
1809 E. Broadway Street
Oviedo, FL 32765
The full legal name and physical address of the service provider is as follows:
188 Woodpark Road Smithfield, NSW 2164 Australia.
Phone: +61 2 9756 6338
Alternate names the public may be likely to use to search for our designated agent include “AMYSON INT.” EPICEARN, and www.epicearn.com.
Only DMCA notices regarding copyright infringement should go to EPICEARN’s copyright agent.
Please note that in violation to the global laws concerned, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. You acknowledge and agree that if You fail to fully comply with all of the requirements listed above, Your DMCA notice may not be valid.
If You believe that content You submitted that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content, You may send a counter-notification containing the following information to EPICEARN’s designated copyright agent, at the above address/email:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that You have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that You consent to the jurisdiction of the federal court in Seminole County, Florida, and a statement that You will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by EPICEARN’s copyright agent, We may send a copy of the counter-notice to the original complaining party informing that party that We may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at EPICEARN’s sole discretion.
Please note that under Section 512(f) of the Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that We enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
1809 E. Broadway Street
Oviedo, FL 32765
The full legal name and physical address of the service provider is as follows:
188 Woodpark Road Smithfield, NSW 2164 Australia.
Phone: +61 2 9756 6338
To you: your address as provided in our affiliate account information for you.
We may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you.
Entire Agreement. This Agreement is the entire agreement between us for the Affiliate Program and supersedes all other proposals and agreements, whether electronic, oral, or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance, or website. Our obligations are not contingent on the delivery of any future functionality or features of the EpicEarn Products or dependent on any oral or written public comments made by Us regarding future functionality or features of the EpicEarn Products. It is the express wish of both you and us that this Agreement and all related documents be drawn up in English. We might make versions of this Agreement available in languages other than English. If we do, the English version of this Agreement will govern our relationship and the translated version is provided for convenience only and will not be interpreted to modify the English version of this Agreement.
Assignment. You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without our prior written consent. We may assign this Agreement to any affiliate or in the event of a merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.
No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
Program Policies Page. We may change the Program Policies from time to time. Your participation in the Affiliate Program is subject to the Program Policies, which are incorporated herein by reference
No Licenses. We grant to you only the rights and licenses expressly stated in this Agreement, and you receive no other rights or licenses with respect to us, the EpicEarn Products, our trademarks, or any other property or right of ours.
Sales by EpicEarn. This Agreement shall in no way limit our right to sell the EpicEarn Products, directly or indirectly, to any current or prospective customers.
Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.
Survival. The following sections shall survive the expiration or termination of this Agreement: ‘Commission and Payment’, ‘Proprietary Rights’, ‘Confidentiality’, ‘Effects of Termination/Expiration’, ‘Indemnification’, ‘Disclaimers; Limitation of Liability’, ‘Non-Solicitation’ and ‘General’.