AFFILIATE TERMS and CONDITIONS

WPYellowFish.com Affiliate Program Terms of Service

WPYellowFish.com is a trading name and property of Velkaluna, Inc.. As a participant in the WPYellowFish.com Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

WPYellowFish.com reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

Account Terms

  • You must be 18 years or older to be part of this Program.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, a completed W9 if you are resident in the United States, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person – a single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. WPYellowFish.com cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • We do not allow referrals to be generated on your own purchases.

Affiliate News and Updates

By becoming an affiliate you agree to receive emails from WPYellowFish.com. These emails will be sent to affiliates only, on an ad-hoc basis, and may include important information regarding the WPYellowFish.com affiliate program. These emails may also provide you with relevant news and updates to help you effectively promote WPYellowFish.com. As an affiliate you may be privy to embargoed or time-sensitive information in these emails (this information may only be promoted after an embargo is lifted).

Affiliate Applications

We reserve the right to reject affiliate applications for any reason. We also reserve the right to choose whether we provide an explanation or reasoning for affiliate application rejection. Below are just a few reasons why an application may be rejected (this is not an exhaustive list):

  • Affiliate applications for websites that sell, advertise or engage in pornography, phishing scams, spamming, illegal business practices, or that include any material infringing on National or International Copyright will be rejected.
  • Affiliate applications for websites that we do not believe are aligned with our industry or business may be rejected.
  • Applications from websites considered inappropriate by WPYellowFish.com will be rejected. Examples include but are not limited to adult sites, sites that display adult material or banners, sites that promote violence, hatred or bigotry, sites that promote or engage in illegal activity, including (but not limited to), hacking, cracking, nulled, and warez sites.

Dormant Affiliate Accounts

Please don’t leave us! We encourage all of our affiliates to actively promote WPYellowFish.com to keep earning referrals. If we can help you come up with ideas on how to promote WPYellowFish.com, please let us know – we’re here for you! An affiliate account is considered dormant if no visits have been generated after a 6-month period. A dormant affiliate account will be temporarily deactivated if no visits have been generated after 6 months. But we don’t even want to go there right now, right?! Let’s work together to help you start earning some cash!

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we may provide with your Affiliate Code on your site, in your emails, or in other communications. We may provide you with guidelines, link styles, and graphical artwork to use in linking to WPYellowFish.com. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and WPYellowFish.com. You must ensure that each of the links between your site and the WPYellowFish.com properly utilizes such special link formats. Links to the WPYellowFish.com placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a WPYellowFish.com product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Referral fees/commissions

Affiliates will receive 25% of the revenue as a commission from orders placed through properly coded Affiliate links (unless noted otherwise for a particular product). Commissions may change at the discretion of WPYellowFish.com, and although commissions may increase during limited time special promotions, they will return thereafter to the regular 25% commission rate.

WPYellowFish.com shall compile and calculate the data required to determine your eligible commission payment. This information will be available for your review via your Affiliate Account Home page. Any questions or disputes regarding the data or payout provided by WPYellowFish.com must be submitted in writing within five (5) business days from the most recent payment date, otherwise the information will be deemed accurate and accepted as such by you.

Referral Payments

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://www.wpyellowfish.com and complete an order for a product during that session.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not and cannot pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or methods.

Commissions are paid every 30 days on or about the 15th of the month, for sales made from the previous calendar month. For example, commissions earned during May 1st – 31st would be paid around June 15th.)

There is a minimum commission amount of $25. This is the minimum amount that you must earn before you will be paid commissions. In any commission period, your commission must exceed this amount before you will receive any sums for that period. Commissions below this minimum amount will be held until such time as the commission equals or exceeds this amount.

Commissions are not paid for any sales for which payment has not been received, or for any transaction that has been rejected for any reason.

We are not responsible for paying interest to affiliates for accrued but not yet delivered commission payments.

If a transaction incurs a charge-back, or if an online transaction is not completed in every way, no commission payment is due to the affiliate. If a commission has already been paid, then it will be deducted from an active affiliate’s future commissions.

All commissions are paid in US Dollars by PayPal.

Income Tax

Each affiliate acts as an independent contractor and as such is responsible for any or all United States Federal, state, or foreign income taxes and any other tax liabilities that affect or concern the sales of the products or services, in your state or location. Affiliates that are US Residents are required to provide a completed IRS W9 form (as per current Tax Law), before the application can be approved.

WPYellowFish.com Affiliate Obligations

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of WPYellowFish.com or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Unless otherwise approved in writing by WPYellowFish.com, Affiliates may not offer incentives to users as a means to enhance the performance of any program; incentives include but are not limited to awarding them cash, points, prizes, contest entries, etc.

Affiliates must not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are WPYellowFish.com or any other affiliated business.

Affiliates may not bid on any variations of WPYellowFish.com brand terms in any keyword based pay-per-click search engines, including, without limitation, Google, Bing, and Yahoo.

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

The technical operation of your site and all related equipment

Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)

The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)

Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)

Ensuring that materials posted on your site are not libelous or otherwise illegal

Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

Customer Definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Compliance With Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws that apply the country in which you reside.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://www.wpyellowfish.com and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. WPYellowFish.com reserves the right to end the Program at any time. Upon program termination, WPYellowFish.com will pay any outstanding earnings accrued above $25.

Termination

WPYellowFish.com in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other WPYellowFish.com service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or methods. WPYellowFish.com reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the WPYellowFish.com will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of WPYellowFish.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and WPYellowFish.com and govern your use of the Service, superseding any prior agreements between you and WPYellowFish.com (including, but not limited to, any prior versions of the Terms of Service).