This is a legal agreement made between you (the "Affiliate") and the operator of the affiliate platform www.gatewayaffiliates.com (the "Operator"). This platform is used to promote the MLM Gateway website www.mlmgateway.com (the "Partner Website"), operated also by the Operator. By participating in the Gateway Affiliates affiliate program (the “Affiliate Program”) you are stating that you have read and understand the terms and conditions set forth herein (the "Terms") and are indicating your acceptance of these Terms.
The Rights and Obligations of the Operator
The Operator has the right to examine any application for registration of the Affiliate into the Affiliate Program and decide to accept or reject the application. The Affiliate will be informed about the decision by e-mail. The Operator has an unconditional right to refuse to register any Partner in its sole discretion.
Each Partner is allowed to open only one account in the Affiliate Program (the "Affiliate Account"). If the Operator finds that one person created multiple Affiliate Accounts, the Operator has the right to cancel these accounts. The Partner who created multiple Affiliate Accounts loses the entitlement to commissions earned.
The Operator has the right to terminate cooperation with the Affiliate if it deems in its sole discretion that the Affiliate is no longer suitable for further participation in the Affiliate Program or in case of a material breach of these Terms and Conditions by the Affiliate. The Affiliate may be found unsuitable in the event the website it operates contains inappropriate content. Such inappropriate content includes, but is not limited to, content that promotes illegal investment schemes (Ponzi scheme), pyramid schemes, HYIP programs, any illegal content that could be considered unlawful, obscene, harmful, harassing, infringing, or racially, ethnically, or religiously offensive.
The Operator is not responsible for any damage or loss incurred by the Affiliate due to business interruption on the part of the Operator, errors in the software or website of the Operator, or unavailability of web services or server of the Affiliate Program or Partner Website. The Operator is in no way responsible for any damage or loss incurred by the Affiliate in the event the Operator fails to operate the Affiliate Program under these Terms and Conditions, provided that the failure was caused by a third party.
The Operator is not responsible for any damage or loss incurred by carrying out business or by investing by the Affiliate's visitors who registered on the Partner Website via the Affiliate Program. The Operator is in no way associated with any of the Users registered on the Partner Website (the "User") or their activities. It is the responsibility of each User to consider every business offer they receive through the Partner Website.
The Rights and Obligations of the Affiliate
The Affiliate is obligated to actively promote the Partner Website and employ their best efforts to bring as many visitors to the Partner Website as possible using their websites, advertising, or marketing.
For promotion of the Partner Website, the Affiliate undertakes to use only advertising and promotional materials provided by the Affiliate Program. The use of any other materials is subject to written permission of the Operator. The Operator grants the Partner a non-exclusive and non-transferable right to use advertising and promotional materials, including logos of the Operator and Partner Website, provided by the Affiliate Program.
The Affiliate must under no circumstances copy and use the written content located on the Partner Website and the website of the Affiliate Program.
The Affiliate is fully responsible for all content that it publishes in promoting the Partner Website and for the form of such promotion. All marketing and promotional activities of the Affiliate must be professional, legal, and in accordance with these Terms and Conditions. Through its activities, the Affiliate must not damage the good name of the Operator, Affiliate Program, and Partner Website.
The Affiliate must not redirect visitors to the Partner Website or to the website of the Affiliate Program using illegal or fraudulent methods. The Affiliate must not create a User account on the Partner Website under its own Affiliate Account.
The Affiliate must not use an Internet domain the name of which exploits the title of the Partner Website or the Affiliate Program, namely domains containing both "mlm" and "gateway".
With their promotional and marketing activities, the Affiliate must not target persons under 18 years of age or persons residing in countries where the principle of network marketing or multi-level marketing is deemed illegal.
The Affiliate is entitled to a commission for brokering turnover made by the User of the Partner Website who registered on the Partner Website after visiting the Partner Website via a tracking link of the Affiliate (the "Referral").
The User of the Partner Website and their purchases may not be assigned to the Affiliate in the event the User has already visited the Partner Website before via a tracking link of another Affiliate. In that case, the Affiliate is not entitled to commissions for brokering turnover made by that User.
The amount of commission is calculated at the end of a calendar month, and the percentage amount depends on the total volume of purchases made by the Referrals in that month. The amount of commission is determined as follows:
Volume of purchases in USD Commission
0 – 999.99 35%
1,000 – 1,999.99 40%
2,000 – 4,999.99 45%
5,000 and more 50%
All commissions are paid out to the Affiliate once a month and no later than 10 days after the end of the calendar month for which the commissions are to be paid out.
Commissions are paid to the Affiliate's account specified in the Affiliate Account. All payments are made in USD through wire transfer.
The minimum amount that can be paid out to the Affiliate is USD 100. In the event that the Affiliate fails to reach this limit, the amount is automatically transferred to the following month and paid out when the amount of total commissions reaches USD 100.
If the Referral cancels a payment made on the Partner Website (chargeback, refund), the Affiliate's entitlement to the relevant commission expires and the amount is deducted from the total commission of the Affiliate. If a canceled commission has been already paid out, the Operator may deduct the amount from any future payment due to the Affiliate.
If the Affiliate does not agree with the amount of commission paid out based on these Terms and Conditions, it must immediately notify the Operator by submitting a request in the Support Centre at http://gatewayaffiliates.zendesk.com/. In the event that the Affiliate fails to communicate its disagreement with the amount of commission within 20 days after receipt of payment, the Affiliate expresses its agreement with the level of commission, and no later claims in this respect will be possible. All calculations of commissions are made by the Operator and its software, and the results of these calculations are final.
The Affiliate is fully responsible for paying all taxes, fees, and other mandatory payments arising from payments received from the Operator.
The Operator monitors the amount and size of purchases made by Referrals by the Post Affiliate Pro tracking software. So that a visitor of the Partner Website is assigned to the Affiliate and becomes a Referral, the visitor must enter the Partner Website using the unique link/banner and create an account. All purchases made by that User are then assigned to the Affiliate and generate commissions.
The affiliate software tracks visitors through several methods, including flash cookies, browser cookies, and tracking by IP address. The lifetime of cookies is set to unlimited, and cookies are not overwritten by another cookie.
For flawless tracking of sales, it is imperative that the links the Affiliate uses to redirect visitors to the Partner Website are correctly set and used. The Affiliate is fully responsible for the proper use of tracking links on their website. In the case tracking links are not formatted correctly, the Affiliate will not be paid out commissions for brokering the turnover generated by visitors brought to the Partner Website by the Affiliate.
Correctly formatted links and banners are available to the Affiliate in the Affiliate Account. In the Affiliate Account, the Affiliate also has available detailed statistics of commissions due.
E-Mail Marketing/Spam Policy
When promoting the Partner Website or the Affiliate Program, the Affiliate may not use any form of spam. The Operator does not tolerate spam under no circumstances.
It is strictly forbidden to promote the services of the Partner Website or the Affiliate Program by sending out unsolicited e-mails or by any other activities that might be considered spam. Such activities include, but are not limited to, excessive promotion on social networking sites (including private messaging) except for promotion on own profiles/groups/pages, and excessive/repeated promotion in Internet forums.
All e-mail messages sent as part of the Affiliate's e-mail campaigns may be sent only to people who had previously agreed to receive commercial messages from the Affiliate, while such messages must contain a visible link for immediate removal of the addressee from the mailing list.
In case of violation of these Terms and Conditions, the Operator reserves the right to immediately and without notice close the Affiliate Account. In that case, the Affiliate loses the right to receive commissions, and all outstanding commissions will be forfeited and will not be paid out.
Spyware and Adware
The Affiliate may not use any malicious software, spyware, adware, or other malicious techniques for redirecting visitors to the Partner Website. In that case, the Operator reserves the right to immediately close the Affiliate Account, while all outstanding commissions will be forfeited and will not be paid out.