We are excited to have you participate in Hoppy Copy’s affiliate program (“Program”) with Rewardful, Inc. (“Rewardful”). In order to participate in the Program, and by opting into the Program via the Hoppy Copy service, there are a few guidelines that you must agree to and follow. These guidelines, and adherence to Rewardful’s Terms of Service (found here https://friends.getrewardful.com/terms and here https://www.getrewardful.com/terms) allow the Rewardful Program and the relationship with our affiliates and between the affiliate and you and your peers to run smoothly and fairly.
In addition Rewardful’s Terms of Service, please reference Hoppy Copy’s terms below.
Affiliate Obligations
To begin the enrollment process, you will complete and submit the online application on Rewardful’s server. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion for any reason. We may cancel your application if we determine that your site is unsuitable for our Program, including but not limited to if it:
Promotes sexually explicit materials, illegal activities, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
Involves creating or designing a website, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Hoppy Copy or any other affiliated business.
Uses any paid advertisements, such as search engine ads (particularly utilizing branded terms or domain names), Facebook ads, YouTube ads, or other similar ads that may rival our marketing efforts
Hoppy Copy reserves the right to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you at any time.
The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
Hoppy Copy Rights and Obligations
We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Hoppy Copy Affiliate Program.
Hoppy Copy reserves the right to terminate this Agreement and your participation in the Hoppy Copy Affiliate Program immediately and without notice to you should you commit fraud in your use of the Hoppy Copy Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Hoppy Copy shall not be liable to you for any commissions for such fraudulent sales.
This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
Promotion Restrictions
You are free to promote your own web sites, but naturally any promotion that mentions Hoppy Copy 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 Hoppy Copy. 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 Hoppy Copy so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Hoppy Copy so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Hoppy Copy. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Hoppy Copy Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
Modification
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. Modifications may include, but are not limited to, changes in the payment procedures and Hoppy Copy’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Hoppy Copy’s Affiliate Program following notice of a modification or a new Agreement updated on our site will indicate your agreement to the changes.
Indemnification
You hereby agree to indemnify and hold harmless Hoppy Copy, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
Payment
Hoppy Copy will make payments to affiliates via Wise every 90 days for any amounts owing to you equal to or greater than $50. Payment transfer fees will be automatically deducted from your balance owed upon each time Hoppy Copy makes a payment to you.
Commission Plans
Commissions shall be earned exclusively on the following subscription plans listed on the Hoppy Copy website: 'Starter', 'Pro', and 'Pro+'. No commissions shall be awarded for subscription plans that fall outside the scope of these specified plans, including, but not limited to, plans such as 'Enterprise Team' or any other plans not expressly mentioned herein.
Unclaimed Commissions
It is the responsibility of the affiliate to ensure that their payment details are accurate and up-to-date to facilitate successful transactions. When Hoppy Copy attempts to makes a payment, you will be given 48 hours to receive it. If Hoppy Copy makes three unsuccessful attempts to pay a commission to an affiliate, and the affiliate fails to accept the payment during these attempts, Hoppy Copy is then relieved of any obligation to pay that commission.
Confidentiality
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
You hereby agree to maintain the confidentiality of all information pertaining to Hoppy Copy and its affiliate program, including but not limited to information about its customers, even those customers whom you personally refer to the program. This obligation to keep such information confidential shall continue indefinitely, even after any termination of your participation in the affiliate program or any other relationship with Hoppy Copy.
Miscellaneous
You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Hoppy Copy. 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York without regard to the conflicts of laws and principles thereof.
You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
Termination
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.