{"id":3429,"date":"2023-08-13T06:50:29","date_gmt":"2023-08-13T06:50:29","guid":{"rendered":"https:\/\/www.testpoint.com\/?page_id=3429"},"modified":"2023-08-13T06:50:29","modified_gmt":"2023-08-13T06:50:29","slug":"testpoint-affiliate-agreement","status":"publish","type":"page","link":"https:\/\/www.testpoint.com\/privacy\/testpoint-affiliate-agreement\/","title":{"rendered":"TESTPOINT AFFILIATE AGREEMENT"},"content":{"rendered":"
To participate in the Testpoint Affiliate program, you must agree to the following:<\/span><\/p>\n This Affiliate Agreement (the \u201c<\/span>Agreement<\/b>\u201d) contains the complete terms and conditions between Testpoint, and You, regarding your application to participate as an affiliate of Testpoint (\u201c<\/span>Affiliate<\/b>\u201d), and the establishment of links from your website to our websites, Testpoint.com and its sub domains and services.<\/span><\/p>\n BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE TESTPOINT AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO ACKNOWLEDGE THAT TESTPOINT’S <\/span>PRIVACY POLICY<\/span><\/a> GOVERNS YOUR PARTICIPATION IN THE TESTPOINT AFFILIATE PROGRAM.<\/span><\/p>\n The original language of this Agreement is English. Testpoint makes translations available for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.<\/span><\/p>\n <\/p>\n 1.1\u00a0<\/span>\u201cWe\u201d, \u201cOur\u201d, \u201cUs<\/b>\u201d, <\/span>\u201cTestpoint\u201d<\/b> means Testpoint International Ltd. and its affiliates.<\/span><\/p>\n 1.2\u00a0<\/span>“You”, “Your” and “Affiliate(s)”<\/b> means the business, individual or entity applying for participation in the Testpoint Affiliate Program, or that displays Our products, services and\/or promotions on its website and\/or through offline representation through the affiliate tracking code in exchange for receiving remuneration from Testpoint for sales resulting from such display.<\/span><\/p>\n 1.3\u00a0“<\/span>Affiliate Program<\/b>” means Testpoint’s Affiliate program available on our website at: <\/span>https:\/\/affiliates.Testpoint.com<\/span><\/a>.<\/span><\/p>\n 1.4\u00a0“<\/span>Affiliate Site<\/b>” means the Affiliate’s Internet site which displays Testpoint services and\/or promotions.<\/span><\/p>\n 1.5\u00a0\u00a0“<\/span>Canceled Purchase<\/b>” means any purchase refunded, canceled, suspended or subject to chargeback.<\/span><\/p>\n 1.6\u00a0“<\/span>Commission Fees<\/b>” or “<\/span>Commissions<\/b>” – Under the Affiliate Program, subject to the terms hereof, you will be paid a Commission Fee for each Qualified Purchase by a Referred User that you directly referred to Testpoint under and in accordance with this Agreement.<\/span><\/p>\n <\/p>\n 1.6 “<\/span>Testpoint Sites<\/b>” means <\/span>www.Testpoint.com<\/span><\/a> and its sub-domains and\/or any other website as may be added by Testpoint, at its sole discretion from time to time.<\/span><\/p>\n 1.10 “<\/span>Fraudulent Traffic<\/b>” \u2013 means any deposits or traffic generated at the Affiliate Site through illegal means or in bad faith to defraud Testpoint, regardless of whether or not it actually causes harm to Testpoint. Fraudulent Traffic includes but is not limited to spam, false advertising, deposits generated by stolen credit cards, collusion, manipulation of the services, system, bonuses or promotions not approved by Testpoint, offers to share the Commissions, directly or indirectly, with user and any other unauthorized use of any third party accounts, copyrights or trademarks.<\/span><\/p>\n 1.7\u00a0“<\/span>Intellectual Property Rights<\/b>” or “<\/span>IPR<\/b>” means without limitation copyrights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, author’s right, contract and licensing rights, goodwill and all other intellectual property rights as may exist now\/or hereafter come into existence and all renewals and extensions thereof, regardless such rights arise under the laws of the state of Israel or any other state, court and jurisdiction.<\/span><\/p>\n 1.8 “<\/span>Prohibited Activity<\/b>” means any activity that involves, facilitates, advocates or promotes one or more of the following: (<\/span>a<\/span>) discrimination on the basis of race, ethnicity, gender, religion, sexual orientation, age, national origin or disability; (<\/span>b<\/span>) libelous, defamatory, obscene, pornographic, sexually explicit or abusive activities; (<\/span>c<\/span>) gambling or illegal substances; (<\/span>d<\/span>) sedition or illegal activities; (<\/span>e<\/span>) false or misleading advertising; or (<\/span>f<\/span>) a conflict or violation of any law, rule, regulation or any intellectual property or other rights of any person, party or entity.<\/span><\/p>\n 1.9\u00a0“<\/span>Qualified Purchase<\/b>” means a purchase made by a Referred User of a Testpoint package, provided that such purchase meets the criteria set forth in Section 4 hereof. Any purchase refunded, canceled, suspended or subject to chargeback will not be qualified as a Qualified Purchase, and shall be referred to as \u201cCanceled Purchase\u201d.<\/span><\/p>\n 1.10 “<\/span>Referred User<\/b>” means each new and unique User referred directly from Affiliate by using the affiliate unique promo-code, which meets the criteria set forth in Section 4 hereof, who has opened an account on the Testpoint Site.<\/span><\/p>\n 1.11\u00a0“<\/span>Registration Form<\/b>” means any and all order forms for enrollment, registration forms, or other signup or acceptance forms (whether online, paper, fax, or otherwise) submitted by You in order to enroll into Testpoint’s Affiliate Program, or, as applicable, the Referred User to make a Qualified Purchase.<\/span><\/p>\n 1.12\u00a0“<\/span>Sponsored Link<\/b>” means a link offered, created, or displayed for a fee or any commercial arrangement by any internet search engine, portal, sponsored advertising service or other search or referral service which uses search terms or key words to identify, draw attention to or direct internet traffic to an internet site.<\/span><\/p>\n 1.13\u00a0“<\/span>Term<\/b>“<\/span> means the term of this Agreement as detailed in Section 13 herein.<\/span><\/p>\n 1.14 “<\/span>Terms of Service<\/b>“<\/span> means Testpoint\u2019s terms of service applicable to all users, as amended from time to time, available at <\/span>https:\/\/www.Testpoint.com\/terms_of_service<\/span><\/a>.<\/span><\/p>\n 1.15 “<\/span>Tracking System<\/b>” means Testpoint unique and specific tracking mechanism that will allow Affiliate to track the traffic and users which arrive via the Affiliate activity (including but not limited to the Affiliate Site).<\/span><\/p>\n 2.1\u00a0\u00a0\u00a0<\/span>Enrollment in the Testpoint Affiliate Network<\/span><\/p>\n To begin the enrollment process, you must opt-in to receive your affiliate promo code located under your profile.\u00a0<\/span><\/p>\n Your enrollment to the affiliate program is approved by default, yet Testpoint has sole discretion whether to disapprove or reject your enrollment to the Testpoint Affiliate Program at any given time.<\/span><\/p>\n 2.2 You are not allowed to post any refunds, credits or discounts, or other content concerning Testpoint, unless We have given You prior written permission in each instance. Affiliates may only use coupons and discounts that are provided exclusively through the Affiliate Program.<\/span><\/p>\n Any violations of the terms surrounding links, coupons, refunds, credits or discounts shall constitute a material breach of this Agreement, and may result in Us terminating your eligibility to be an Affiliate of Testpoint and disqualifying you from the Affiliate program and\/or withholding of Your Commissions.<\/span><\/p>\n We will process orders placed by Referred Users who utilized your unique promo-code in Testpoint platform. We reserve the right, at our sole discretion, to reject orders that do not comply with all requirements under this Agreement and our Terms of Service. All aspects of order processing and fulfillment, including Testpoint service, cancellation, processing, refunds, and payment processing will be Our responsibility. We will track the Qualified Purchases generated by Your Site and will make this information available to you through our affiliate website. To permit accurate tracking, reporting, and Commission accrual, you must ensure that you provide your own unique promo-code.<\/span><\/p>\n 4.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Under the Affiliate Program, you will be paid a Commission Fee for each Qualified Purchase by a Referred User that you refer to Testpoint in accordance with the terms of this Agreement. Each Referred User and each Qualified Purchase must meet the following criteria (the “<\/span>Criteria<\/b>“):<\/span><\/p>\n 4.1.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Each Referred User must be a new and unique visitor to Testpoint.<\/span><\/p>\n 4.1.2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Each affiliate must register by completing and submitting the Registration Form using a valid and unique account and billing information.<\/span><\/p>\n 4.1.3\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Commission shall not be paid to the Affiliate for a Referred User that was already tracked through Testpoint’s tracking system prior to visiting through the Affiliate.<\/span><\/p>\n 4.1.4\u00a0\u00a0\u00a0\u00a0\u00a0 Each Referred User must make a Qualified Purchase, and provide a valid payment for the purchased Testpoint services. To generate a Commission Fee for You, each Referred User must be an active, Qualified User of Testpoint and must be up-to-date in all payments at the time the Commission Fees are processed, and not have been subject to a refund, credit, cancellation, suspension or chargeback (these purchases shall be deducted from the Commission Fee as further detailed in Section 4.2.1 below).<\/span><\/p>\n 4.1.5\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Each Referred User must sign up in a manner, which in Our sole judgment, definitively establishes that the Referred User was referred for the first time directly from You to Testpoint under this Agreement based on our Tracking System.<\/span><\/p>\n 4.1.6\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Each Referred User must remain in compliance with our Terms and Service, and all applicable policies and guidelines of Testpoint that are applicable at the time the Commission Fees are processed.<\/span><\/p>\n 4.1.7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Commission Fees may not be paid for the Qualified Purchase if the Referred User received a refund or credit from the Affiliate.<\/span><\/p>\n 4.1.8\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Testpoint reserves the right to withhold initial Commission Fees for Affiliates who are new to the Affiliate program, or who have commissions that are potentially fraudulent as determined by Testpoint in its sole discretion, in order to determine the legitimacy and cancellation rates of Referred Users.<\/span><\/p>\n 4.1.9\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Testpoint reserves the right to suspend payment of Commission Fees at any time and indefinitely, if it suspects fraud or Fraudulent Traffic, improper activity or a potential breach of any of the terms in this Agreement by the Affiliate or a Referred User(s). Testpoint reserves the right to deduct from Affiliate’s current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, and canceled Testpoint purchases. Where no subsequent Commission Fee is due and owing, Testpoint will send Affiliate a bill for the balance of such Commission set off upon termination of the Affiliate Program or termination of the Referred User.<\/span><\/p>\n 4.1.10\u00a0\u00a0\u00a0Testpoint, in its sole discretion, reserves the right to withhold indefinitely any Commission Fee, and\/or to reverse, deny or reject any Commission Fee, and\/or to deny or reject any Affiliate account, and\/or terminate this Agreement immediately, for:<\/span><\/p>\n (i)\u00a0\u00a0\u00a0\u00a0Any account\/sale which has not been in an approved status in good standing as an account of Testpoint for a period of at least thirty (30) days.<\/span><\/p>\n (ii)\u00a0 All commissions generated for accounts that may be subject to Fraudulent Traffic.<\/span><\/p>\n (iii)\u00a0\u00a0Any orders deemed to be fraudulent or for which We see a pattern of potentially fraudulent activity, including, without limitation, where there are multiple accounts (whether Testpoint accounts or Affiliate accounts) which are being operated by the same User or person, or referral of accounts which do not comply with this Agreement.<\/span><\/p>\n (iv)\u00a0\u00a0Altering Our Links in any way.<\/span><\/p>\n (v)\u00a0\u00a0\u00a0Affiliates whom we believe may be artificially submitting Referred Users or charging double commissions, using false advertising, using marketing practices that we deem to be unethical or likely to attract fraudulent signups and\/or signups with a very low likelihood of renewal.<\/span><\/p>\n (vi)\u00a0\u00a0Any direct referral or traffic to Testpoint Sites from search engines, and\/or the use of \u201cTestpoint\u201d as a key-word for paid ads in search engines, including, without limitations, Facebook, Google, Bing, Yahoo, etc.<\/span><\/p>\n (vii) Any use of misleading sites, or accounts in social media.<\/span><\/p>\n 4.2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<\/span>Commission Fee Accrual and Payments<\/b><\/p>\n 4.2.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Subject to the terms of this Agreement, We will pay a Commission Fee equal to the specified percentage or dollar amount in accordance with the Commission Plan with respect to Qualified Purchases, less any Canceled Purchases. Commission Fees will be processed 30 days after the end of the month in which they accrued as set forth below, provided that Affiliate issues an invoice within 10 days from the end of that calendar month, otherwise the payment will be made on the following monthly payment cycle.<\/span><\/p>\n 4.2.2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Commissions will accrue and only become payable once (i) you provide all relevant tax and address information pursuant to Section 6 below; and (ii) Commissions accrued to a minimum of $100 (the “<\/span>Commission Threshold<\/b>“) based on the commission rates stated on Testpoint Tracking System. 4.3\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<\/span>Commission Plan<\/b><\/p>\n\n
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