Hype Auditor Аffiliate program terms

Come into force: 01/03/2023

By signing up to be an Affiliate in Hype Auditor

Affiliate Program you are agreeing to be bound by the following terms.

Hype Auditor Affiliate Program Terms ("Agreement") is a legal agreement between Stonecast Financial LLC, an Indiana Limited Liability Company with registered office at 9165 Otis ave., Suite 238, Indianapolis, IN 46216, USA («Hype Auditor», «we» or «us») and you («Affiliate» or «you»). The purpose of this Agreement is to allow linking between Your Website, your marketing activity, etc. and Hype Auditor Website.

Please make sure you fully understand the contents of the Agreement. If you have any doubts about any of your rights and obligations resulting from your acceptance of the Agreement, please consult us or obtain legal support.

IF YOU DO NOT AGREE WITH ANY PROVISION OF THIS AGREEMENT, YOU MAY NEITHER CONTINUE WITH THE SIGNUP PROCESS NOR FURTHER PARTICIPATE IN HYPE  AUDITOR AFFILIATE PROGRAM.

“Affiliate” or "you" means any person or legal entity, which completed the signup process on Hype Auditor Website and became the participant of Hype Auditor Affiliate Program. You can’t be an Affiliate if you are an individual, corporation, trust, etc. who are in a position to influence Hype Auditor 's decisions. It includes officers, directors, stockholders and employees of Hype Auditor, and their immediate families.

“Hype Auditor Affiliate Program” is a revenue-sharing program, which Hype Auditor has developed and operates, where you, the Affiliate, use marketing methods to promote our services and drive traffic to Hype Auditor Website, according to the provisions of this Agreement.

“Hype Auditor Website” means https://hypeauditor.com/.

“Commission” means the monetary compensation you receive, according to the Section 5 hereof, for participating in Hype Auditor Affiliate Program; the Commission consists of percent of your total sale amount. The sale occurs when an End User visits Hype Auditor Website through a Reference Link and buys an annual plan.

“Commission Payment '' refers to payments systems, through which you can receive your Commission. You can currently receive your commission through PayPal or Wire transfer. Minimum threshold for PayPal payments is $100 (one hundred USD), whereas for a wire transfer, the minimum amount is $500 (five hundred USD) and commission $40 (forty USD), for ACH payment without any commission and limitation on the amount of payment. Payments are processed every month. If the set day falls on a weekend or public holiday, we reserve a right to make the payment on the first weekday following that weekend or on the first workday, following that public holiday.

“End User” means the authorized actual user of Hype Auditor Website, who registers on Hype Auditor Website and buy annual plan.

“Net Revenue” means purchase of the annual plan and any subsequent purchase by the End User. Net Revenue shall: (i) be calculated net of any discounts, taxes payable; (ii) be calculated including any subsequent refunds to End User.

“Third Party” means any individual or legal entity, other than the party to this Agreement.

“Your Affiliate Account” means your status on Hype Auditor Website, that we send you by email where your information is stored and where you can track your affiliate activity, including payment information.

2.1. We grant you, subject to the limitations set forth below, a limited, non-exclusive, non-assignable, non-sub licensable, non-transferable, revocable right to: (i) demonstrate and promote Hype Auditor Service to your prospects and customers, and (ii) to provide End Users access to use Hype Auditor Service, in accordance with this Agreement and Hype Auditor terms and conditions, specified on Hype Auditor Website, provided that End Users agreed to Hype Auditor terms and conditions, specified on Hype Auditor Website.

2.2. You can reach us by sending an email to support@hypeauditor.com 

3.1. You must provide your full legal name, a valid email address, a valid domain name of Your Website and all other information requested in order to complete the signup process on Hype Auditor Website and go through the verification process.

If the Hype Auditor  finds that you are attracting suspicious traffic to Your Website, then you will need to re-verify.

All information you provide in your profile must be truthful. You are solely responsible for all the information you provide in Your Account profile and on Your Website.

3.2. All Affiliates must submit W-8BEN/W-8BEN-E/W 9 forms (hereinafter “forms”) on Hype Auditor Website upon reaching the $50 (fifty USD) threshold. Scanned or electronically filled out and signed copies of these forms must be uploaded to Your Account on Hype Auditor Website. If forms are not properly filed or submitted on time, payments will be delayed. Your full name in Your Account must match the name on the form. The form must be filled out on behalf of the party receiving the payment. The completed forms must be provided at least 2 (two) business days before the payout date.

3.3 You will be solely responsible for the development, operation, and maintenance of Your Website and for all materials that appear on Your Website. You should ensure that materials posted on Your Website do not violate or infringe the rights of any Third Party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights). You will be solely responsible for the accuracy, truthfulness, and appropriateness of materials posted on Your Website. We do not endorse or accept any responsibility for any links that lead from Your Website to any other website apart from Hype Auditor Website and for any content that can be found by following these links to Third Party websites.

4.1. You may not use the Hype Auditor Affiliate Program for any illegal or unauthorized purpose. While using Hype Auditor Service and/or participating in Hype Auditor Affiliate Program, you must not violate any laws in your area/state/country.

4.2. You cannot promote Hype Auditor on any gambling websites, websites with adult/hate/violent/defamatory content or any other content that is considered offensive or inappropriate, and any websites that violate third party rights and/or violate any applicable laws.

4.3. Affiliates may not share their Commission, received through Hype Auditor Affiliate Program, with End Users. Commission cannot be split in any way between you, your employees and any other Third Party, including End Users.

4.4. You cannot use and mention in any way: (i) Hype Auditor brand name as a keyword in your advertising campaigns across all search engines, including any misspellings in the brand name; (ii) Use Hype Auditor brand name in the domain name of Your Website, including any misspellings of the brand name.

4.5. You may not modify the trademarks, banners, the content or any of the images provided to you in any way, without our prior written consent.

4.6. Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually “refreshing” of pages, for the sole purpose of creating Commissions. ANY ATTEMPTED FRAUD OR FRAUD OR ANY HARMFUL ACTION WILL RESULT IN ACCOUNT CANCELATION AND VOIDED COMMISSIONS. Affiliates have to provide all the documents requested by us within 30 (thirty) days in case we notice any potentially fraudulent activities associated with Your Account or coming through your Reference Links. Otherwise, Your Account will be blocked and the Commissions will be canceled.

4.7. You cannot SPAM. We will terminate Your Account on the first offense of spamming. Do not send emails to lists or groups that you do not have permission to send them to. We have the right to deactivate or delete Your Account on the first offense referring to this section.

4.8. You will not receive Commissions for self-referrals and for Affiliates, who violate our Hype Auditor Affiliate Program Terms. You are also not allowed to refer to the company you work for and receive Commissions for that.

5.1. To be eligible to earn a Commission, the End User must purchase the annual plan within the stated Cookie life period of coming to the Hype Auditor Website through the Reference Link from Your Website, email, or other communications. If a sale occurs after Cookie life period expires and the End User has not returned through the Reference Link and purchased the annual plan, then no Commission shall occur.

5.2. For avoidance of doubt Сommissions shall be paid only for purchases of brand new referrals, that occur after the End User clicked on your particular Reference Link(s) containing your reference ID, directly from the Hype Auditor Website. In other words, to be eligible for a Commission, the End User you referred to shall be a new user for Hype Auditor, shall use your Reference Link to register and shall purchase the annual plan.

5.3. Your Commission is equal to 20% (twenty percent) of the total sale amount, unless otherwise stated herein. Payments are made with the following systems: PayPal, ACH and Wire Transfer. Payment is made every month. Commission payments are made every time your account balance reaches the minimum threshold of $ 100(one hundred USD). Please note that a minimum amount for Wire Transfer is $500 (one hundred USD). Please note if you use Wire Transfer you have to pay a bank commission of $40 (forty USD). We also draw your attention to the fact that the money credited to Your Account does not accrue interest. Commissions are only earned on paid accounts. Commission structure is subject to change at our discretion.

5.4. Commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods will be voided. Fraudulent activities will also result in immediate account cancellation.

5.5. All statistics are collected and calculated by Hype Auditor and will be the only valid statistics used for determining Commissions.

5.6. Сhargeback fee will be deducted from your earned Commission.

5.7. Affiliates must withdraw Сommission within 2 (two) years since it was accrued. After the expiration of this 2 (two) years period, the Hype Auditor has the right to write off the unclaimed Commission.

5.8. From time to time Hype Auditor may change annual plan prices, therefore these changes may affect both the Commission you will earn and the truthfulness of the information you will provide.

We will pay you Commission for as long as the End User buys an annual plan on  Hype Auditor Website, provided that you remain eligible to receive a Commission pursuant to Hype Auditor Affiliate Program Terms. If at any time the End User account is canceled, suspended or refunded, you will become ineligible to receive Commission on any future fees collected from that End User.

7.1. This Agreement starts upon Your Account confirmation through the confirmation link in email you receive during the signup process on Hype Auditor Website and continues until terminated by either party in accordance with these Hype Auditor Affiliate Program Terms.

7.2. Either party may terminate this Agreement at any time in its sole discretion with written notice to the other at least 30 days prior to the termination date.

7.3. Notwithstanding the above, Hype Auditor reserves the right to terminate any User account for abusive or fraudulent activity, for failure to comply with this Agreement, or for any other reason in its sole discretion.

7.4. Termination of this Agreement 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 marketing methods. Upon termination of this Agreement, all rights of the Affiliate specified in this Agreement shall terminate immediately.

7.5. Upon any termination of this Agreement for any reason, all provisions regarding indemnification, warranty, liability and limits thereon, and confidentiality and protection of proprietary rights and trade secrets, and any provisions which expressly or by their nature are required to survive such termination in order to achieve their purpose, shall so survive until it shall no longer be necessary for them to survive in order to achieve their purpose.

The Affiliate is not permitted to use any of the content of any websites owned and/or operated by Hype Auditor without written consent of Hype Auditor and the Affiliate shall not frame any pages or parts of any pages of Hype Auditor Website or any other website nor will the Affiliate create the impression that the Affiliate Website is Hype Auditor Website or any part of Hype Auditor Website. The Affiliate agrees not to make any representations and/or give any warranties and/or guarantees relating to Hype Auditor and/or their efficacy other than those given by Hype Auditor and/or as otherwise approved by us in writing.

9.1. Affiliate acknowledges and agrees that all rights, title, and interest to, any and all intellectual property rights of all types or nature whatsoever, including, without limitation, patent, copyright, trademark, database rights as well as moral rights, know-how and trade secrets (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world, in Hype Auditor Affiliate Program, Hype Auditor - platform (technology, hardware, software, etc.), any code or software (SDK, API, etc.) which may be provided to Affiliate or End User under this Agreement and any work products created and/or delivered herein and related documentation (forming the Hype Auditor Website, Hype Auditor Affiliate Program) are and will remain solely and exclusively our property and/or the property of Hype Auditor, Hype Auditor licensors or Hype Auditor affiliates. Affiliate is granted no title or ownership rights in Hype Auditor Website or Hype Auditor Affiliate Program. Affiliate’s right to use Hype Auditor Website, participate in Hype Auditor Affiliate Program and any part thereof is strictly limited to the provisions of this Agreement and we reserve all rights not expressly granted herein.

9.2. Affiliate hereby grants us a worldwide, non-exclusive, unlimited and royalty-free license to use Affiliate’s brands, names, logos, trademarks, trade names and service marks as used by Affiliate for informational and advertising purposes only.

9.3. Affiliates are under no obligation to give Hype Auditor any ideas, suggestions, comments or other feedback related to Hype Auditor Website or Hype Auditor Website, Hype Auditor Affiliate Program, or the business or operations of Hype Auditor. If any Affiliate shares ideas, suggestions, comments, or other feedback with Hype Auditor will own such idea, suggestion, comment or feedback. Affiliate hereby assigns all of Affiliate’s right, title, and interest in such idea, suggestion, comment, or feedback to Hype Auditor and agrees that Hype Auditor will be free to use and implement same, without restriction or obligation of any kind, without, however, any obligation to do so.

You agree to defend, indemnify and hold harmless Hype Auditor and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to Hype Auditor Website and participation in Hype Auditor - Affiliate Program; (b) your violation of any term of this Agreement; or (c) your violation of any Third Party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive the termination of this Agreement and your use of Hype Auditor Website and participation in Hype Auditor Affiliate Program.

Each party represents and warrants to the other party as to itself that the person executing this Agreement is authorized to do so on such party’s behalf. IF YOU ARE AN INDIVIDUAL, YOU REPRESENT AND WARRANT THAT YOU WERE AT LEAST 18 YEARS OF AGE ON THE EFFECTIVE DATE OF THIS AGREEMENT. If you are under 18, please do not attempt to participate in Hype Auditor Affiliate Program or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 18 without verification of parental consent, we will delete that information as quickly as possible.

You represent and warrant that: (i) you have all appropriate authority to operate, and to post any and all content on Your Website(s); (ii) you have all appropriate rights to promote with any promotional method you may choose to use; (iii) Your Website(s) and your promotional methods do not and will not infringe a Third Party’s or Hype Auditor’s proprietary rights; and (iv) you shall remain solely responsible for any and all Your Website(s) and all of your promotional methods. Hype Auditor may or may not review all content on Your Website(s) or used by you in your promotional methods.

EXCEPT WHERE PROHIBITED BY LAW, HYPE AUDITOR AFFILIATE PROGRAM AND HYPE AUDITOR WEBSITE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE HYPE AUDITOR AFFILIATE PROGRAM OR THE HYPE AUDITOR WEBSITE (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WE FURTHER MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON ANY SITES LINKED TO ON THE HYPE AUDITOR WEBSITE.

14.1. In no event shall Hype Auditor, its officers, directors, employees, or agents, be liable to you or to any Third Party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising from or related to either this Agreement, or use of Hype Auditor Website or participation in Hype Auditor Affiliate Program. Our liability to you for any damages arising from or related to this Agreement, will at all times be limited to the greater of (a) $50 (fifty USD) or (b) Commission you received in the prior 12 (twelve) months (if any). The existence of more than one claim will not enlarge this limit. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

14.2. The Affiliate accepts that the operation of the Hype Auditor Affiliate Program, Reference Links or Hype Auditor Website may not be completely free of interruption, errors or omissions and Hype Auditor is not liable for the consequences of any interruptions or errors in the performance or content of the Hype Auditor Website or Reference Links.

14.3. Hype Auditor does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by the Third Party through Hype Auditor Website, hyperlinked website or Reference Links or featured in any banner or other advertising, and Hype Auditor will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party providers of products or services.

14.4. We make no representations that Hype Auditor Affiliate Program or Hype Auditor Website are appropriate or available for use in all locations. Those who access or use Hype Auditor Website or participate in Hype Auditor Affiliate Program from jurisdictions prohibiting such use, do so at their own volition and are responsible for compliance with local law.

14.5. We reserve the right to use Third Party service providers in the provisions of all or part of the Agreement including, but not limited to, hosting providers, payment processing services, information and communication services, analytics services, internet advertising platforms, advertising service providers and platforms. Where any of the aforementioned services are provided by third parties, the Affiliate may be subject to such Third Party’s terms and conditions. We accept no responsibility for services provided by any Third Party.

The Hype Auditor Services may not be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Iran, Libya, North Korea, Sudan, Myanmar, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to this Agreement, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list and that you will not share the Hype Auditor Services with anyone whose status is described in items (i) and (ii) above.

16.1. Assignment. This Agreement, any part thereof or any rights or obligations under it may not be novated, assigned, outsourced or transferred by you without our advance written consent, but may be assigned by us without restriction or limitations. Any assignment or transfer in violation of the aforementioned provisions shall be deemed null and void. Subject to the forgoing, the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

16.2. Force Majeure. We shall not be liable for failing or delaying performance of our obligations resulting from any condition beyond our reasonable control, including but not limited to, use of third parties’ equipment or services, communications failure, governmental action, war, acts of terrorism, earthquake, fire, flood, labor conditions, power failures, and Internet disturbances.

16.3. Headings and References. Headings of Sections are for the convenience of reference only. Words indicated in quotes and capitalized signify an abbreviation or defined term for indicated words or terms, including those definitions contained in the opening paragraph.

16.4. Relationships. You and us are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representatives, or employment relationship between you and us. 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 Website or otherwise, that reasonably contradict anything in this Agreement.

16.5. Choice of Law. This Agreement and all matters arising therefrom and any dispute arising between the parties in connection with this Agreement shall be governed and construed in accordance with the laws of United States of America and State of Indiana notwithstanding the conflict of law provisions thereof. The federal and/or state courts in the State of Indiana, as applicable, shall have exclusive jurisdiction in any legal proceedings resulting or connected with this Agreement, and the Affiliate hereby irrevocably submits to such exclusive jurisdiction. However, this shall not prevent us from bringing any action in the court of any other jurisdiction for injunctive or similar relief.

16.6. Tax Status and Obligations. Hype Auditor is not obligated to and shall not provide you with tax and/or legal advice. Hype Auditor undertakes no duty to investigate or research your tax status and/or obligations, and such research and investigation is solely your responsibility. You are obligated to independently assess and comply with all relevant tax and legal requirements, and you are responsible for your own sales tax collection and reporting obligations arising from Commission income. If Hype Auditor  provides you with information, that information shall not be deemed tax or legal advice, and Hype Auditor - shall not be responsible for the accuracy of such information.

16.7. Entire Agreement. This Agreement, together with the Privacy Policy, shall constitute the entire agreement between you and Hype Auditor - concerning your use of the Hype Auditor Website and participation in Hype Auditor Affiliate Program. However, terms and conditions of some other Hype Auditor service and products may impose additional terms, which can be found in the terms and conditions for such services and products.

16.8. Languages. This Agreement is in the English language, which prevails over any translations of it to other languages, made by us and provided to you for your convenience, as applicable. Hype Auditor Affiliate Program is designed in the English language and its translations into other languages may contain inaccuracies for which we shall not bear any responsibility; we suggest using the English version and resorting to versions in other languages only for references and at your own risk. You also agree to have all communications with us in English.

16.9. No Waiver. No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy; and will not be construed as a waiver of any subsequent breach or default under the same or any other provision of this Agreement.

16.10. Severability. All the provisions of this Agreement are distinct and severable. If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, this shall not impair the operation of this Agreement or affect the other provisions which are valid.

16.11. Privacy. Participation in Hype Auditor Affiliate Program is also governed by our Privacy Policy, the provisions of which are adopted herein by reference so when we refer to this Agreement we also refer to the Privacy Policy.

16.12. Marketing. You agree that Hype Auditor may identify you as a Hype Auditor Affiliate and may use your name and/or logo solely for such purpose in its marketing materials.

16.13. Amendment. Hype Auditor - have the right to change, modify or amend (“Change”) these Hype Auditor Affiliate Program Terms, in whole or in part, by posting a revised Hype Auditor Affiliate Program Terms on Hype Auditor Website. Your continued participation in Hype Auditor Affiliate Program after the date of such Change shall be deemed your acceptance of the revised Hype Auditor Affiliate Program Terms.

16.14. Acknowledgement. You confirm that you have read, acknowledge and agree to all the terms and conditions of Hype Auditor Affiliate Program Terms. You acknowledge that you have independently evaluated the desirability of accepting Hype Auditor Affiliate Program Terms and are not relying on any representation, guarantee, or statement other than as set forth in Hype Auditor Affiliate Program Terms.

16.15. Electronic Notices. You agree to receive communications from us in an electronic form. Electronic notices will be delivered to your email address, which you used for registration purposes, as it may be subsequently changed by you by written notice to us. All communications in electronic format will be considered to be “in writing” and to have been received on the day that we send them. We reserve the right, but assume no obligation, to provide communications in paper format.

16.16. Notices. All notices, requests, claims, demands and other communications regarding these Hype Auditor Affiliate Program Terms are welcomed and should be addressed to: support@hypeauditor.com.