Publisher Participating Agreement
The Publisher Precipitating Agreement (“Agreement”) is made and entered into by and between LinksSend (“LinksSend” or “we”) and Publisher (“Publisher” or “you”), the party who agrees and submits the application to become a Publisher of LinksSend.
NOW IT IS HEREBY AGREED AS FOLLOWS:
1. DEFINITION
LinksSend is a registered business in Hong Kong. LinksSend is a network that connect advertisers to publishers and the publisher desires to join LinksSend in order to supply a service to advertiser and earn commission.
“Commission” means the monetary value that a publisher earned by tracked sales referrals or action incurred specified in advertiser’s program.
“Advertiser” means the party who starts program and wishes sales referrals or other specific action on its website via LinksSend.
“Referral” means the introduction of a customer or action from publisher to advertiser which advertiser has to pay according to the rate agreed.
2. JOINING LinksSend
Publisher must submit application from our website. You must provide accurate information, complete the form as instructed and update LinksSend for any changes.
LinksSend may reject or terminate your application any time at our sole discretion for any reason.
You must provide your website details before participating advertiser’s program. LinksSend will review and decide if you are suitable for such program. LinksSend will not provide any reason for either acceptance or rejection.
LinksSend may terminate publisher’s account any time at our sole discretion for any reason without advance notice.
3. LinksSend
LinksSend provides a platform that allow publisher to earn commission by tracked referral to advertiser.
Publisher agrees that LinksSend can establish a relationship between any advertiser and the publisher.
LinksSend provides publisher tracking link that lands on advertiser’s website. All links used by publisher are property of LinksSend.
Advertiser’s program may have additional terms and conditions on pages as part 1 of this Agreement
Advertiser may change the terms or leave LinksSend at any time.
LinksSend calculates commission that should be credited to your account.
LinksSend provides publisher access to reporting tools and tracking technologies.
LinksSend maintains the platform and ensure the core functions work as it should have.
4. OBLIGATIONS OF PUBLISHER
Publisher must pay attention to all available information any time including but not limited to email notification, changes of Terms & Conditions, terms changes of advertiser’s program.
Publisher can only promote advertiser’s product or service in accordance with the advertiser’s program terms and this agreement.
You must not publish any content that mislead visitors to advertiser.
You must generate a referral in good faith. Referral caused by spam, false content, robot, virus, hidden frames and fraud are liable to penalty.
You must not infringe advertiser’s proprietary rights and LinksSend proprietary rights.
All operations and contents posted used in connection with LinksSend and advertiser’s program must be legal and do not contain or link to any materials which is threatening, harmful, sexually explicit, obscene, discomforting, discriminating, and promotes violence.
5. COMMISSION
LinksSend receives payments from advertiser based on advertiser’s validation of each referral. LinksSend pays commission to publisher according to advertiser’s validation report and program terms.
LinksSend collects commission from advertiser before distributing to publisher. Publisher agrees that they will only receive commission for tracked and approved referrals.
Qualified commission is defined by advertiser and advertiser may change the condition and rate any time.
In the event of violation of 4 OBLIGATION OF PUBLISHER or advertiser’s program terms, LinksSend remains the right of not paying publisher as punishment.
LinksSend may debit your account in the event of miscalculation by any parties, product return, misconduct, duplicated entry, system error, customer refund, failure to comply with this agreement and advertiser’s program terms.
Publisher may submit commission payment request when current balance reaches threshold.
Any costs incurred in the commission payment such as transfer fee or currency exchange will be borne by the publisher
6. LIMITATION ON LIABILITY
Publisher acknowledges that LinksSend cannot provide warranty that advertiser will continuously run a program.
Publisher acknowledges that LinksSend cannot provide warranty that advertiser’s website will continuously function.
Publisher acknowledges that LinksSend will be subject to a reasonable amount of downtime and cannot provide warranty that our platform will continuously function.
IN NO EVENT SHALL LINKSSEND BE LIABLE FOR ANY LOSS OF USE, PROFITS, DATA, FORMS OF PROPERTY OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM LOSS OF ANTICIPATED SAVINGS OR LOST DATA, EVEN LINKSSEND HAS BEEN ADVISED, KNEW OR SHOULD HAVE BE NOTIFIED OF THE POSSIBLE EVENTS. THE AGGREGATE LIABILITY OF LINKSSEND HEREUNDER WHETHER IN CONTRACT OF IN TORT SHALL IN NO EVENT EXCEED THE COMMISSION PAID TO THE PUBLISHER.
7. General
The terms of this agreement do not start a joint venture, agency, franchise, sales representative, or employment relationship between LinksSend and the Publisher. The publisher has no authority to act on LinksSend’s behalf.
Neither party is liable to the other by reason of shortages, strikes, riots, natural disasters, explosions, war, acts of God or any other cause which is beyond the control of such party.
LinksSend is permitted to publicize the relationship with punlisher.
LinksSend may change the terms of this Agreement at any time, made in writing and in immediate effect.
This Agreement is made under the laws of Hong Kong.
