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SmartReach.io Affiliate Terms and Conditions

Last updated: 12th April, 2024

This document (“Affiliate Terms”) applies to your participation in our Affiliate, Referral or Partner Program (the “Program”) and jointly with our Terms & Conditions, Privacy Policy, & Usage Policy constitutes the agreement (“Affiliate Agreement”) between HVIF Solutions Pvt. Ltd. (hereinafter referred to as “SmartReach”, “Company”, “SmartReach.io”, “We”, “our”) and you as an Affiliate (hereinafter referred to as “Affiliate”, “Partner”, “you”, “your”, “referrer”).

By registering with the Program via the website smartreach.io/affiliate-program/ you agree to be bound by the Affiliate Terms described herein.

We tried our best to keep it simple, nonetheless we sometimes have to use terms and expressions normally found in legal documents. In case of any questions, please contact our Affiliate Program Manager directly at [email protected]

Introduction

These Terms of Affiliate Program (henceforth referred to as “Affiliate Terms”, “Partner Terms”, “Agreement”, “Document”) regulate Your access to and participation in SmartReach.io Affiliate Program (“Program”)

This Document does not alter in any way the Terms of Service or any other possible agreement You may have with SmartReach.io. This Document together with SmartReach.io Terms & Conditions, Privacy Policy, & Usage Policy constitutes an entire agreement (“Affiliate Agreement”) regulating your participation in the Partner Program. Please note that this Agreement affects Your legal rights and obligations. If You do not agree to be bound by all of its contents or you have no right or title to be bound by all of its contents, do not participate in the Program. By participating in Our Program, it is implied that You reviewed, accept and agree to obey and comply with this document.

Definitions

“Service” means the services supplied by the SmartReach.io to its Customers or Affiliates under Terms & Conditions available via app.SmartReach.io in the form of web application, mobile application & browser extention accessible online.

“Account” means the access to the Service enabled with personalized login and password

“Partner” “Affiliate” “Referrer” (“You”, “Your” or related capitalized term) means any entity or affiliated person that has registered for the Program via the Website or direct email to SmartReach.io, which will also be contracted by the general SmartReach.io Terms of Service and this Affiliate Agreement.

“Referral fee” (“Commission”) means any outstanding payment earned by the Affiliate during their participation in the Program as the outcome of Referral or Affiliate link usage.

“Referral link”, “Affiliate link” (“Handle”, “Link”) means a unique link to SmartReach.io’s Website and Blog granted to every Affiliate participating in the Program. The Link is used to track new Customers’ registrations and link them with Affiliates sharing the Link in accordance with the guidelines of these Terms.

“Referral Income”, “Affiliate Income” means any payments received by SmartReach.io from the Customers as the outcome of Affiliate link.

“Agreement” means this Terms of SmartReach.io Affiliate Program and any other written amendment or addendum if applicable.

“User” means any person who uses SmartReach.io’s Services with the access granted by the Customer.

“Customer” means any person or entity who uses SmartReach.io’s Service, has access to an active Service Account regardless of its version (Trial or Premium) and has the owner or admin’s permissions within the Account and/or Affiliate Program Panel.

“Subscription” means any recurring payments or annual payments made by Customers for SmartReach.io plans. SmartReach does not pay Commission for free trial. Commissions are paid only on subscriptions

“Website” or “site” means smartreach.io, app.smartreach.io, smartreach.io/blog and its related domains, mobile applications, web applications, extensions and any other services offered by SmartReach.io Service.

General Statements

  1. To participate in this Program, Affiliate must comply with the following:
    • be at least 18 years old and have the right to enter into valid contracts;
    • have an active and verified PayPal account in a good standing;
    • be lawfully fit and able to enter into a binding agreement with SmartReach.io
  2. We reserve the right in Our sole discretion at any time to refuse anyone’s participation in the Program, suspend Program participation or adjust the scope of the Program and change any of the Affiliate Agreement. You further agree that continuation of Program participation after the change of the Affiliate Agreement signifies acceptance of the changes.
  3. We reserve Our right to change, update or adjust this Affiliate Agreement with no prior notice. This page shall always represent the up-to-date Affiliate Terms.
  4. We reserves the right to discontinue the Affiliate Program without assigning any reason or without any prior intimation whatsoever.
  5. Providing false information in the registration form will result in immediate exclusion from the Program and will forfeit all due Referral fees.

Data Processing

  1. SmartReach.io is committed to GDPR (General Data Protection Regulation) and obliges the Affiliate to respect the principles of the regulation when processing Personal Data of EU citizens. Please find more details about how SmartReach.io stays committed to GDPR and what actions You should take as a User in order to be committed. The GDPR document should be treated as an inherent part of the these Terms.
  2. Any observation or breach of data protection may be reported via [email protected] By accessing and using the Program, Affiliate expressly consents to the processing mainly collection, use, storage, and disclosure of their information, including their personal data, as well as data subjects Partner employees while using the Program, in accordance with the SmartReach.io’s Privacy Policy, and the General Data Protection Regulation (GDPR) related documents for Affiliate Program providing and maintaining purposes. You also agree to processing your personal data for marketing purposes.
  3. Affiliate is required to obey applicable data protection laws and best data protection practices.
  4. Affiliate agrees and warrants that they comply with all data protection laws applicable to them (including the General Data Protection Regulation (“GDPR”) (EU) 2016 / 679) while processing the Customers’ and/or User’s personal data gained for the purpose of the Program (including but not limited to: gaining consents for data processing, if applicable, and gaining consents for data transfer). Affiliate is fully responsible for the lawful acquisition and processing of personal data transferred to the Company through the Program. SmartReach.io shall bear no responsibility for the quality of personal data collected by the Affiliate.
  5. For the purpose of the appointment of sub-processors, Affiliate acknowledges and agrees that SmartReach.io may engage third-party sub-processors in connection with the provision of the Service
  6. Once Affiliate Processes the data of potential Customers interested in SmartReach.io Service, the Affiliate acts as Data Controller. SmartReach.io shall bear no responsibility for data Processing conducted by Affiliates or Partners.
  7. SmartReach.io shall process Personal Data of Affiliates upon becoming Trial Users or Subscribers in accordance with applicable Privacy Policy and Terms of Service.

Affiliate Account

  1. To participate in the Program, an applicant must create an account at Firstpromoter.com. To create an account, the applicant must fill in an application form providing accurate information as prompted by the form. The applicant must then choose a password for their future account. The applicant will also be asked to elaborate on how they plan to promote SmartReach.io; this information will be reviewed when making the final approval decision. Upon approval, the applicant will receive an email with a link to their account and officially become an Affiliate.
  2. The Affiliate is responsible for maintaining the confidentiality of the Affiliate’s password and account. The Affiliate is responsible for all activities that occur under the Affiliate’s account. The Affiliate will promptly notify SmartReach.io of any unauthorized use of their account or any other breach of security.
  3. SmartReach.io will not be liable for any loss that may occur as a result of mishandling and misuse of the Affiliate’s password or account, either with or without the Affiliate’s knowledge. The Affiliate can be held liable for losses incurred by SmartReach.io or another person due to someone else using the Affiliate’s account or password.
  4. The Affiliate shall not use anyone else’s account at any time or let anyone else use it’s account.
  5. The Affiliate acknowledges that they provide their personal information at their own risk. SmartReach.io is not responsible for the Affiliate’s account security, as the account is created and managed by Firstpromoter.com. By creating your account, you are agreeing to Firstpromoter’s Privacy Policy and Terms of Use

Affiliate Program Rules

  1. Affiliate is entitled to the Referral fee based on the Referral Income that active Customers referred by You generate for SmartReach.io
  2. Affiliate cannot sign up for more than one program. Benefits or Referral fees earned or accrued under one program cannot be transferred or clubbed with any other program or discounts or promotional offers
  3. To generate the Referral fee, the Customer to which the Partner recommended SmartReach.io has to:
    • use a browser that has its cookies setting enabled;
    • follow an Affiliate or Referral link;
    • Subscribe to SmartReach.io Service and successfully pay SmartReach.io a Subscription fee;
    • remain a SmartReach.io Customer for at least 30 days starting from correctly registered payment for the Subscription.
  4. Affiliate will receive a Referral fee as per the Affiliate Campaign the Affiliate signs up for. The Referral fee may vary depending on the Affiliate Campaign. The amount shall be fixed or a percentage of net Referral Income of every SmartReach.io Subscription that is connected to the Affiliate through the Referral link.
  5. Referral fee is reported as due to the Affiliate within 30 days from beginning of the Subscription term of the Customer to avoid any technical issues and refunds that might happen.
  6. The Program shall payout rewards for only referring new customers to SmartReach.io.
  7. Affiliate acknowledges and agrees that
    • only consecutive subscriptions qualify for the Affiliate Program. Any stoppage of subscription for reasons in the control of the User shall not qualify for Referral fee from the following month.
    • Referral fees and commissions shall be calculated solely on services provided by SmartReach.io.
    • Commissions shall not be calculated or awarded based on the monetary value of any credits, payments, or revenue from transactions made for third-party services. These may include but are not limited to add-on charges for calling seats, LinkedIn automation seats, and calling credits.
  8. Affiliate acknowledges and agrees that (i) any Referral fee not encashed within 12 months from entitlement shall automatically lapse (ii) all the sums of the Referral Fee exclude any tax that Affiliate is solely obliged to pay for the purpose of fulfillment of its tax obligations and (iii) the Affiliate is required to submit a payout request for the referral fee and take the necessary actions to enable the referral fee payout within 12 months of commission calculation.
  9. Referral fee may be a subject for adjustments for the credit card chargebacks and refunds. Canceled, fraudulent or voided transactions do not qualify as basis for Referral fee. This means that Affiliates, who were previously credited with Referral fee for a Subscription that was later due to be refunded, may find the relevant amount to be deducted from their Affiliate Program account. In such case, the next positive Referral fee generated by the Affiliate shall be reduced by the relevant amount of the refunded fee.
  10. We can transfer Your Referral fees generated during Your participation in the Program to Your PayPal account when a total of granted Commissions exceeds 100 USD. Any amount below the said threshold shall be carried to the next month. This shall not fall under the not encashed lapse clause.
  11. If the total amount of Referral fees exceeds 100 USD, Affiliate may request a transfer of the funds from the Affiliate Account for up to the value of the funds earned. The funds will be transferred to Your PayPal account on the 20th day of the month following the month for which the Commission was granted (e.g. if You generated Commission in January, We will send it to Your PayPal account by 20th of February).
  12. We trace the Referral fees through the use of cookies. SmartReach.io reserves its right not to pay the Referral fee that is untraceable, as for example if it is not possible to track traffic from the Your site to the SmartReach.io Website via Referral link because the potential Customer is using cookie-blocking software, or the Link was altered in ways that do not follow the official guidelines. SmartReach.io will only pay Commissions on the basis of sales that can be traced by cookies back to the Affiliate.
  13. Only the Affiliate whose Referral Link is automatically reported by SmartReach.io as connected to the Customer is entitled to receive Referral Fee for the sale. SmartReach.io does not connect Customers to Affiliate with any type of manual actions and consequently no manual assignment that results in Referral fee being acceptable may be performed.
  14. We reserve Our exclusive right and responsibility for processing all Subscriptions and payments made by Customers in accordance with Our Terms of Service and Privacy Policy. The Affiliate acknowledges that all agreements relating to sales to Customers will be between SmartReach.io and the Customer and that the prices for the SmartReach.io Service will be set solely by SmartReach.io in its discretion.
  15. SmartReach.io reserves the right to terminate all past, pending, and future program Referral fee(s) without assigning any reason, at its sole discretion without any liability arising out of the foregoing action(s) of SmartReach.io.
  16. You will not be entitled to receive any Referral fees for a Subscription of the Customer who:
    • has been introduced in breach of any term of the Affiliate Agreement;
    • makes a payment which is subject to a chargeback or which is reversed for any reason;
    • has insufficient amount of credit to continue their Subscription;
    • is located in a territory from which SmartReach.io may not accept Customers;
    • is suspected by SmartReach.io of acting in breach of the Terms of Service, Privacy Policy or any other agreement or binding law that is governing his/her Account, or any fraudulent or dishonest activity.
  17. All payments made by SmartReach.io under this Agreement are deemed inclusive of any VAT or other tax payable and will be paid in USD exclusively via PayPal. Any additional fees connected with withdrawing funds, such as PayPal transaction fee, will be covered by the Affilaite.
  18. Participation in any Affiliate Campaign with lifetime rewards or Referral fees implies fees or commissions may be earned for up to 5 (five) years. This duration may be adjusted based on program performance, including extension, reduction, or termination.
  19. If the Affiliate violates the provisions of this Agreement, in particular violates the prohibition on advertising in search engines, then SmartReach.io:
    • contacts the Affiliate by email and calls for the cessation of violations within 7 days from the date of sending the email,
    • if the Partner does not cease the violations, then commission calculations and payments will be suspended, customers acquired in a manner that violates the provisions of this Agreement will not be credited to the Partner.
    • After applying the measures indicated in point 1 and not ceasing the violations by the Partner, the partner’s account will be blocked. The Partner will be informed about this by email.

Affiliate’s Responsibilities

  1. The Affiliate will introduce SmartReach.io Service to current and prospective Customers and will comply with all laws, as well those that govern email marketing and anti-spam laws. Affiliates are obliged to promote and obey the usage of SmartReach.io Service in line with the applicable Use of Service Policy from Annexure A.
  2. The Affiliate may post as many Referral Links to SmartReach.io as he or she finds necessary. Affiliate ensures that any website (excluding internet search engines) containing a Referral link meets the terms of these Affiliate Program Terms.
  3. The Affiliate or employees/directors of an affiliate partner cannot use the affiliate program to refer their own business
  4. The Affiliate will not:
    • advertise in search engines and purchase or register search engine keywords, AdWords, search terms or other identifying terms that SmartReach.io considers in its sole discretion as promoting sexually explicit materials, violence, weapons or firearms, illegal activities, fake or counterfeit items,
    • promote betting or gambling, any form of discrimination based on sex, race, religion, nationality, disability, sexual orientation, or infringing upon others’ intellectual property rights;
    • register any domain names which are identical or similar to SmartReach.io or any other trademarks owned by SmartReach.io and the Affiliate will at all times comply with reasonable guidelines for the
    • use of such trademarks as may be issued from time to time;
    • install spyware on another person’s computer; cause spyware to be installed on another person’s computer, or use a context based triggering mechanism to display an advertisement that partially or wholly covers or obscures paid advertising other content on a website in a way that interferes with a person’s ability to view that website;
    • use their own Referral link to receive any benefits that come with the participation in the Program for SmartReach.io Accounts handled directly by them or their companies;
    • use SmartReach.io logos, application screenshots, or any graphic materials produced or redesigned on its own. The only acceptable use of any graphic content related to SmartReach.io is the one included in the Brand Kit. Affiliates can reach out to [email protected] for any branding related assets.
  5. Affilaite is not allowed to use the word SmartReach.io in paid advertising as a keyword. A keyword is defined as a phrase that triggers an advertising campaign by means of paid advertising. As an exception to the aforementioned prohibition, the use of “SmartReach” or “SmartReach.io” as a key word in paid advertising will be permitted only if SmartReach.io gives individual written consent to the Affiliate. Use of the SmartReach.io name in all other paid advertising (excluding the aforementioned use as keyword) is discretionary. SmartReach.io reserves the right to judge whether any of the rules mentioned above have been violated.
  6. Affiliate agrees to receive emails, digital communication or calls from SmartReach.io or its agents seeking clarification/ information regarding participation in the said program or any other related information as and when required and disclaim any liability of SmartReach.io in this regard.

SmartReach.io’s Responsibilities

  1. We will pay You Referral fees on the basis of sales of SmartReach.io Services referred directly by You, if the Customer has accessed SmartReach.io’s Website and purchased the Service via Your Referral link.
  2. Upon joining the Program, SmartReach.io shall grant Affiliate with:
    • the Referral link which redirects to SmartReach.io’s Website with a unique Handle assigned. This information is saved on the computer of the visitor, who enters SmartReach.io Website through the Referral link, in the form of a cookie which is active for the period of 60 days;
    • the attribution model in current use is “last click”
    • the attribution model and cookie period could be changed by SmartReach.io as per its business needs without prior intimation to the Affiliate
    • the voluntary access to membership-only discussion groups or communiaties hosted on various social media platforms such as Meta or LinkedIn.
  3. SmartReach.io will exclusively handle the sales process, technical support and customer success of any Customer brought by the Affiliate.

Affiliate Promotion Restrictions

  1. You are free to promote your own websites, but naturally, any promotion that mentions SmartReach.io could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by SmartReach.io. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote SmartReach.io so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote SmartReach.io so long as the newsgroup specifically welcomes commercial messages. At all times, you must clearly represent yourself and your websites as independent from SmartReach.io. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of your participation in the SmartReach.io Partner Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
  2. Affiliates utilizing Pay-Per-Click advertising campaigns, or any other digital advertising channel, whether in existence now or invented in the future, that bid on keywords such as SmartReach, SmartReach.io, SmartReach.io App, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from the SmartReach.io Partner Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
  3. Affiliates are prohibited from offering discounts, promotions, or special offers on SmartReach.io.io products or subscriptions, without explicit approval from SmartReach.io.

Termination

  1. SmartReach.io may terminate this Agreement for any reason, at any time. In particular SmartReach.io reserve the right to terminate the Agreement with the Affiliate immediately and without notice and forfeit all Referral fees if the Partner is involved with any of the following:
    • providing false information in the registration form;
    • violating any Partner’s responsibilities stated in Affiliate Agreement;
    • any attempt to artificially inflate Referral fees will result in immediate termination of this Agreement and will forfeit all amassed Referral fees.
  2. You are able to cancel Your Affilaite account by requesting it via email ([email protected]).

Disclaimer of Warranties

  1. Unless otherwise mutually agreed to by the parties in writing, the Website is provided by SmartReach.io on an “as is”, “as available” and “with all faults” basis and hereby SmartReach.io and its directors, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied as to the Website.
  2. The functions embodied on or in the Website are not warranted to be uninterrupted or without error.
  3. SmartReach.io will not be liable for any damages of any kind arising from the use of the Website and makes no representations or warranties of any kind concerning the work, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, noninfringement, or the absence of latent or other defects, accuracy, or the presence of absence of errors, whether or not discoverable.

Limitation of Liability

  1. SmartReach.io does not guarantee compatibility of offered Services and products with other producers’ software. The User will bear responsibility for the choice and consequences following from the use of other software including its applicability to User’s objectives.
  2. This Affiliate Agreement is in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, cause of dealing or otherwise, all of which are hereby excluded to the fullest point of law.
  3. In no event and under no circumstances will SmartReach.io, its directors, members, employees or agents be liable to You for any direct, special, indirect or consequential loss or damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise in any way connected with:
    • the Website, Your use of or inability to use the Website, the performance of the Website,
    • any errors or omissions in the Website’s operation; any action taken in connection with the Subscription, copyright or other intellectual property owners,
    • any damage to any User’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or net failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if SmartReach.io parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the Service).
  4. By downloading any materials shared by SmartReach.io, You understand that You may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, You acknowledge that You have read and understand, and hereby expressly waive.

Miscellaneous

  1. If any clause or provision in the Affiliate Agreement becomes unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
  2. Any waiver of any provision of the Affiliate Agreement will be effective only if in writing and signed by SmartReach.io.

Applicable Law

  1. All disputes arising in connection with this Document will be primarily resolved amicably.
  2. These Terms of Use will not be governed by the United Nations conventions on contracts for the international sale of goods, if otherwise applicable.
  3. You agree that all disputes You have with SmartReach.io in connection to this Affiliate Agreement that cannot be amicably resolved will be submitted for resolution by Court of Law at the location of SmartReach.io’s registered office (Indian jurisdiction).

Annexure A – Applicable Use Policy

I. This Acceptable Use Policy applies to SmartReach.io Services accessible at app.SmartReach.io, smartreach.io mobile application and chrome plug-in extension and any URLs related to the domain or subdomain.

II. To ensure proper maintenance of the Service, the User shall not misuse the Service and as a consequence, the Customer is obliged not to:

  • intentionally or unintentionally hinder the functioning of the Services, for example by reverse engineering or hacking the Services, attempting to gain unauthorized access to the Services (or any portion thereof) or related systems, networks or data;
  • overcross API requests limit causing downtime to the Service or hindering its partial operational ability;
  • misrepresent or hide the data origin, content or other information submitted to the Service, for example by Spoofing, Phishing, manipulating headers or other identifiers, impersonating anyone else or access the Services via another User’s Account without their permission.

III. To ensure legal transparency of SmartReach.io Service, the User shall not send content which may be deemed to be malicious or inappropriate, as for example, but not limited to:

  • content deemed to be SPAM, Spoofing, Phishing;
  • content related to pornography, sexual content, content displaying images or texts objectively recognized as offensive or cruel;
  • content related to racism, xenophobia, discrimination, hate speech, incitement to violence;
  • content related to or inciting to fraudulent behaviours.

IV. The User is obliged to obey to this Terms of Service and subsequent documents constituting an Agreement. SmartReach.io reserves its right to permanently delete the Account of a person who violates this Agreement without any prior notice and shall have no responsibility for any costs arising as a result of such deletion.

V. The User is responsible for the accuracy, legality and adequacy of data of Prospects entered into the Service, as well as for content shared through SmartReach.io.

VI. Users can upload documents, Prospects’ and Customers’ information, and other content to the Service. Users can then use the Prospects’ and the Customers’ information, as well as all the previously updated content to communicate with Customers and Prospects via multiple communication channels automated by the Service. Users retain all rights to all the data and content they upload to the Service and are fully responsible for it.

VII. SmartReach.io shall have no responsibility for how User Process data through the Service. Upon using the Service, the Users should abide by the law of their native country, as well as the law of the countries they send their emails to.

VIII. As a condition of using the Service, the User shall:

  • as required by applicable law, provide notice to its Prospects and obtain consent if required to outreach to the persons;
  • be responsible for its employees, representatives, affiliates that have access to the Services; comply with any limitations or restrictions set forth in this Agreement;
  • use the Services only in compliance with applicable law both national and international including court orders.

IX. The User is responsible for secure storage of passwords and logins leading to the Accounts related to the Service. SmartReach.io shall have no responsibility arising out of reckless or negligent credentials storage by the User.