These Terms and Conditions (Terms) form the Service Agreement (Agreement) made by and between the Affiliate (Affiliate, You, Your) and TeaZa Energy, LLC (TeaZa Energy, we, us, our) a Florida, USA corporation concerning your use of the TeaZa Energy Affiliate Program (Program.)
READ THIS AGREEMENT CAREFULLY – If you do not accept or are not satisfied for any reason you may withdraw your participation in the Affiliate Program without obligation.
By registering to participate in the Affiliate Program, you agree to be bound by these Terms and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations.
YOU AGREE THAT BY PARTICIPATING IN THE PROGRAM AND REGISTERING AS AN AFFILIATE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
THE PROGRAM – Allows Affiliates to place Hyperlinks (Links) on Your Website, or in other content you may produce or author (E-mails, Blogs, Vlogs or Social Media) that, when clicked, sends or redirects a visitor to any page on Our website teazaenergy.com. Links take many forms including but not limited to text, product images, buttons, banners, videos or any other format acceptable to TeaZa Energy. As an Affiliate, you will be establishing an arrangement with Us. All Affiliate relationships established between You, the Affiliate, and Us, TeaZa Energy, will be conducted and managed through the Program.
ENROLMENT/REGISTRATION IN THE PROGRAM – To sign-up as an Affiliate and to subsequently use the Program you must submit an application via Our website. The application will collect information like your Name, E-mail address, Website URL, Etc. You will select a username and password combination that will be used to access the Affiliate Area of the Program. We will review and evaluate your application and will notify you of your acceptance or rejection as an affiliate. The review and evaluation process is a subjective one, and we reserve the right (at our sole discretion) to accept or reject applicants for any reason. If we reject your application, you may reapply to the Program at any time that the Program is in effect. If You are accepted to participate in the Program, You may begin to use and place Links & Banners on Your Website immediately; however, payment of any commissions is dependent upon Your providing additional information to Us that we will request from you when You are approved. Additional information consists of informing Us of Your Preferred Payment Method (Check or PayPal) and a completed IRS form W9 for US residents. Affiliates can only have one account. You can list multiple domains in one account, but only one account is allowed.
YOUR USER INFORMATION & CREDENTIALS – It is Your responsibility to provide accurate and complete registration information. You may not select the name of another person with the intent to impersonate someone else or deceive others as to your true identity. You shall notify Us by e-mail of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password. You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by You to use Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination and referral to the appropriate law enforcement agencies.
SITES NOT ALLOWED – The following types of sites are NOT ALLOWED to participate in the Affiliate Program: Adult Sites, Sites that display adult banners, Sites that promote violence, bigotry or hatred, Sites which include content that is in any way unlawful; fraudulent; harmful; threatening; defamatory; libelous; obscene; pornographic; harassing; including anything racially, ethnically, or otherwise objectionable to us; Sites espousing or promoting religious or political beliefs and ideals; or sites that promote illegal activity – including but not limited to WAREZ, CRACKING, and HACKING SITES. WE RESERVE THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE YOU AS A MEMBER OF THE AFFILIATE PROGRAM. If You are terminated from the Program, We retain the right to withhold money You earned within the Program or money that You owe within the Program and You will not be allowed to re-join.
LINKS – In order to place Links, You must first be approved by Us to become an Affiliate of the Program. You agree to perform whatever tasks necessary to set-up and maintain the appropriate Links to Our Website from Your Website or other content in accordance with the specifications set forth in this agreement, and We agree to perform those tasks necessary to support links from Your Website or content to Our Website. You also agree that any page or Content that contains Links, banners or code to Our Website will be written in English. Any Link or banner placed by You must be done in such a way that it is not misleading to any Visitor and done with the intention of delivering valid sales, leads, or clicks to TeaZa Energy.
ACCEPTABLE LINK USE – YOU MAY:
- Place and remove Banners and Links anywhere on Your Website.
- Place and remove Banners and Links within your newsletters, in content of your website, in content of social media pages or accounts you manage or within other acceptable content.
- Only place links to Our Website from visible and publicly accessible portions of Your Website.
- Use Link shorteners; however, You assume full responsibility for their proper functioning and compatibility with the Program.
UNACCEPTABLE LINK USE – NOT ALLOWED:
- SPAMMING – DO NOT SEND e-mail with Affiliate Links to lists or groups for which you do not have permission. E-mails using Affiliate Links must be CAN-SPAM compliant. Additionally Affiliates may not place Links to Our Website on public message boards, newsgroups, or any other such service without our express written consent.
- All other uses of banners or links, such as in newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc.
- Any placement of creatives in a “Desktop” advertising scheme. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form.
- Any display of a merchant window that isn’t the result of a direct click by the end-user.
- Link Cloaking of any type is Prohibited.
It is very important that you do not make any unverified claims or provide false evidence as to the effectiveness of any of Our products. Any Affiliate found to be falsely representing Our products may be subject to immediate termination. Failure to abide by any and all of these rules could mean termination from the affiliate program, with a complete forfeiture of commissions.
FRAUD – Any action that intentionally attempts to create or artificially inflate traffic, sales, leads, or click-throughs using programmed or automated robots, frames, iframes, scripts, or manually “refreshing” pages, for the sole purpose of creating commissions is in VIOLATION of this Agreement.You may not click on Your own banners/ links or submit multiple leads to Your merchant partners.ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN AFFILIATE ERMINATION AND FORFEITURE OF COMMISSIONS.
MARKETING / INCENTIVES – Affiliates may not provide any type of incentive to complete a sale including but not limited to any type of contest entry, prize, free offer, gift, service, cash, coupon, promise of charitable donation, points or reward programs redeemable for any of the previously mentioned incentives. Affiliates may not bid on any trademarked keywords (e.g. Teaza, TeazaEnergy) or any variations, adaptations or misspellings thereof in any form of paid search marketing. Affiliates must direct traffic and visitors to their own landing page from within any paid search marketing efforts.
STATISTICAL DATA – Various data related to your participation in the Program will be provided to you via the STATISTICS and GRAPHS sections of the Affiliate Area of the Program. You will use your Username and Password to gain access to data specific to You. Available data includes, but is not limited to: Referrals, Visits, Conversion Rate, and Earnings. It is Your responsibility to review the data for accuracy and contact us should you discovery any discrepancies.
CREATIVES – TeaZa Energy will provide professionally designed art, graphics, and/or banners (Creatives) for Your use on Your Website or other content. Creatives are available to Affiliates via the Affiliate Area of Our website. It is Your responsibility to ensure that Links associated with any Creatives you may select are tested and that the Payout for a Link You have placed on Your site is working or has changed or has been discontinued. Affiliate created Custom Creatives are allowed, but must be reviewed and approved by Us in writing prior to use. Approved Custom Creatives using any TeaZa Energy licensed, trademarked or registered logos, images, etc. become the Property of TeaZa Energy without compensation to the creator.
COMMISSIONS & PAYMENTS – You will receive a Commission for sending Us qualified sales via Your Links. Commissions are calculated on net sales (after any discounts, coupons or promotional sales are deducted) exclusive of tax and shipping. Commission rates, commissionable events (sales, clicks, or leads) and duration of active referral – the number of days between when a Visitor uses Your link to Our Website and may subsequently return to Our Website to make or complete a sale – Also referred to as Cookie Expiration Duration (Cookie Duration) are determined by Us and is based on Your participation in the Program. Our minimum commission per sale is Ten percent (10%) and Our standard Cookie Duration is 60 Days. We will communicate any changes to Your commission structure or Cookie Duration with you. We reserve the right to change commission rates, commissionable events, Cookie Duration and payout amounts at any time and at our sole discretion. This information is available to You in the Affiliate Area of the Program. You are responsible for determining if the Commission Amount is accurately reflected and that the Payout for a Link You have placed on Your site is working or has changed or has been discontinued. Payments are made once a month and only when Your account balance reaches $25.00 or more for the previous months’ transactions. Money credited to Your Account does not accrue interest and payments are made in US Dollars only. Affiliates who earn $600.00 or more within a tax year will receive an IRS Form 1099-MISC from Us at tax time.
SALES, VOIDS & REFUNDS – A SALE is considered complete when the product is paid-in-full and able to be delivered. In the event of a CANCELED, VOIDED, RETURNED or REFUNDED (Negative) transaction, We reserve the right to recover from You the corresponding Commission previously credited to Your Account. Commissions related to Negative transactions will be deducted from Your Account balance. Additionally, we reserve the right to deny or recover commissions to You in situations where, at Our sole discretion, We observe You are fraudulently using Your own Affiliate Links to make excessive personal purchases at a discount. In the event that Your Account balance is less than the Commissions related to the transactions, those Commissions will be deducted againstYour future earnings. You will NEVER be asked to send money to Us.
INTERNATIONAL ORDERS – Due to possible foreign payment settlement issues, shipping delays and/or customs regulations, we reserve the right to extend or delay payment of commissions (or recover already paid commissions) on any order made or destined outside of the United States of America.
NEXUS TAX LAWS – (Refers to sufficient physical presence where there is a requirement for companies doing business in a state to collect and pay tax on sales.) As Nexus Tax Laws vary on a state-by-state basis and include differing terms and minimum eligible sales thresholds, We reserve the right to terminate Affiliates in any state where these laws may be under current enforcement and may affect Our own ability to collect and pay sales tax to any of these states. We will endeavor to notify Affiliates of terminations in this instance, but are under no obligation to do so.
INACTIVE ACCOUNTS – We reserve the right to remove Affiliate accounts from our Program that are left inactive or are abandoned.
- An inactive or abandoned account is one that maintains a commissionable balance equal to or less than $24.99 and has not sustained any activity (no transactions posted) for six months.
- At the end of six months, if an inactive or abandoned affiliate account has a balance of $24.99 or less, an activity fee equal to the remaining commissionable balance will be assessed. In essence, the account balance will be brought to zero and the affiliate account will be closed.
EMAIL CONTACT – We reserve the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Program or any TeaZa Energy related products and services.
LICENSE – TeaZa Energy grants the Affiliate a nontransferable (without right to sub-license,) nonexclusive license to link to Our Website in accordance with the specifications set forth in this agreement. The Affiliate shall link to the TeaZa Energy Website only through the Affiliate Website, and shall not link to the TeaZa Energy Website through any other URL or mirrored site without Our prior written consent.
RESERVATION OF RIGHTS – Except as expressly granted in this Agreement, the Affiliate shall have no other rights of any kind in the Licensed Marks, the TeaZa Energy Website or Products. Under no circumstances will anything in this Agreement be construed as granting, by implication, estoppel or otherwise, a license to any of Our intellectual property or proprietary technology other than the use of Our Program and Licensed Marks in accordance with the terms of this Agreement. You acknowledge that the Affiliate Program is Our sole property, and this Agreement only grants You a limited right to link to the TeaZa Energy Program under the terms and conditions of this Agreement. You further acknowledge that use of the Licensed Marks, Our Website or the Program contrary to the terms of this Agreement shall cause irreparable harm to Us for which monetary damages are an inadequate remedy. You consent to the jurisdiction of any court of equity in which TeaZa Energy seeks an injunction restraining such breach or threatened breach and to seek specific performance of any provision of this Agreement.
CONFIDENTIALITY – Each party acknowledges that it will have access to certain information and materials concerning the other party’s business, plans, customers, codes and products that are confidential and of substantial value to such party (Confidential Information,) the value of which would be impaired if such Confidential Information were disclosed to third parties. The terms of this Agreement shall be deemed to be Confidential Information. Except as may be required by law or regulation, each party agrees to maintain all Confidential Information received from the other, both orally and in writing, in confidence and agrees not to disclose or otherwise make available such Confidential Information to any third party without the prior written consent of the disclosing party. Each party further agrees to use the Confidential Information only for the purpose of performing this Agreement. The terms of this Section shall survive the termination of this Agreement for a period of two (2) years.
TERM & TERMINATION – The term of this Agreement shall be indefinite and either party – You or Us – may cancel this Agreement at any time without notice. Upon termination of this Agreement for any reason, all rights and licenses granted under this Agreement shall terminate, and You shall immediately cease use of the Our Program and Licensed Marks. We will pay any commissions owed to you within 30 days of the effective date of termination and in accordance with the COMMISSIONS & PAYMENTS Terms in this Agreement.
LIMITED WARRANTY – EXCEPT AS MAY BE EXPRESSLY PROVIDED IN THIS AGREEMENT, ALL SERVICES PROVIDED BY TEAZA ENERGY HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. YOU RECOGNIZE THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH WE WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. TEAZA ENERGY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, REGARDING THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, REGARDING THE SERVICES SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF OURS WHATSOEVER. YOU ACKNOWLEDGE THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTY IN THIS AGREEMENT.
GENERAL PROVISIONS – If the performance of this Agreement is prevented, restricted or interfered with by reason of fire or other casualty or accident, strikes or labor disputes, any law, order, proclamation, regulations, ordinance, demand or requirement of any government agency, or any other similar act or condition beyond the reasonable control of the parties hereto, the party so affected will, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference. Each party agrees to comply with all applicable Federal, state and local laws and regulations in the performance of its respective obligations under this Agreement. This Agreement shall be governed by the laws of the Florida as applied to agreements made, entered into and performed entirely in Florida. No waiver of any term or condition of this Agreement will be valid or binding on a party unless the same has been mutually assented to in writing by both parties. The terms and conditions contained in this Agreement constitute the entire agreement between the parties with respect to the subject matter thereof and supersede all previous agreements and understandings, whether oral or written. Except as expressly set forth herein, no party may assign or delegate this Agreement or any of its rights or duties under this Agreement without the prior written consent of the other party hereto, which consent will not be unreasonably
withheld; provided, however, that either party, without the consent of the other party, may assign or delegate its rights or obligations under this agreement to any person or entity that acquires or succeeds to all or ubstantially all of its business or assets. Venue for any disputes shall be in Pinellas County Florida.
MISCELLANEOUS – This Agreement represents the complete agreement concerning this license and may be amended in writing. THE ACCEPTANCE OF THIS AGREEMENT BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE AS MAY BE EXPRESSED ELSEWHERE. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.