ExpandCart Affiliate Program Terms of Service

 

1. Agreement

By signing up to be an Affiliate in the ExpandCart Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

ExpandCart 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.

2. 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, 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. ExpandCart 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).
  • You may not use the Affiliate Program to earn money on your own ExpandCart product accounts.

 

3. Links/graphics on your site, in your emails, or in 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 provide with your Affiliate Code on your site, in your emails, or in other communications. You will find an assets hub prepared with many promotional posters and marketing materials you could use in your marketing campaigns.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with Referral Link formats to be used in all links between your site and the ExpandCart. You must ensure that each of the links between your site and the ExpandCart properly utilizes such Referral Link formats. Links to the ExpandCart placed on your site pursuant to this Agreement and which properly utilize such Referral Link formats are referred to as “Referral Links.” You will earn referral fees only with respect to sales on an ExpandCart product occurring directly through Referral Links; we will not be liable to you with respect to any failure by you or someone you refer to use Referral 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.

Affiliate links should point to the page of the product being promoted.

4. Referral Fees / Commissions and Payment

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Referral Link from your site, email, or other communications to https://www.expandcart.com/ and complete an order for purchasing a plan within a  60 day period.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted Referral Links that were automatically tracked by our systems.

You are eligible for a 20% Commission from the Product Purchased by each referral person through your own affiliate links, and this purchase must happen in a 60 day time period because this is the Maximum for our cookies tracking system.

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

Payments only begin once you’ve earned more than $25 in affiliate income. If your affiliate account never crosses the $25 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $25 threshold.

5. Identifying Yourself as an ExpandCart Affiliate

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 ExpandCart, 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.

6. Payment Schedule

As long as your current affiliate earnings are over $25, you’ll be paid each month. If you haven’t earned $25 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.

7. 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 or service.

8. Your Responsibilities

You will be solely responsible for the development, operation, and maintenance of your website or any online/ social media platform and for all materials that appear on them. For example, you will be solely responsible for:

– The technical operation of your site and all related equipment

– Ensuring the display of Referral 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 Referral 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.

9. 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. 

Customer represents, covenants, and warrants that Customer will use the Services only in compliance with ExpandCart’s privacy policies as published below or otherwise furnished to Customer (the “Policy“) and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). Customers may not access or otherwise use third-party mailing lists in connection with preparing or distributing unsolicited emails to any third party. Customer hereby agrees to indemnify and hold harmless ExpandCart against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing. 

Although ExpandCart has no obligation to monitor the content provided by Customer or Customer’s use of the Services, ExpandCart may do so and may remove any such content or prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.

10. 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.expandcart.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. ExpandCart reserves the right to end the Program at any time. Upon program termination, ExpandCart will pay any outstanding earnings accrued above $25

11. Termination

ExpandCart, 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 ExpandCart 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 marketing methods. ExpandCart reserves the right to refuse service to anyone for any reason at any time.

12. 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.

13. 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.

14. 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 ExpandCart will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

15. 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 WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. 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.

16. Arbitration

By subscribing to or using any of the Services of ExpandCart, Customer agrees that all disputes, if any, involving ExpandCart shall be subject exclusively to the jurisdiction of the Arab Republic of Egypt; provided, further, that all action brought against ExpandCart in Court must be brought in the Arab Republic of Egypt. 

 

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.

These terms shall be governed by the laws of the Arab Republic of Egypt without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. Users of the ExpandCart platform or the services provided through it must comply with all governmental, regulatory, and tax laws and legislations of the country of the recipient of the service, and this responsibility rests with the recipient of the service alone.

Customer hereby agrees that it is subject to the personal jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving ExpandCart. Customer hereby waives any and all objections that it has or might have, known or unknown, whether under the Arab Republic of Egypt or otherwise, to the existence of said in personam jurisdiction. Customer agrees that it has no right to and shall not file or otherwise bring a lawsuit against ExpandCart outside the Arab Republic of Egypt; and, that Customer, if involved before a court in a lawsuit outside of the Arab Republic of Egypt, shall be deemed to support and to stipulate to a motion made by ExpandCart to dismiss said lawsuit with respect to ExpandCart.

The failure of ExpandCart 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 constitute the entire agreement between you and ExpandCart and govern your use of the Service, superseding any prior agreements between you and ExpandCart (including, but not limited to, any prior versions of the Terms of Service).