The following is the list of terms and conditions that apply to all members who sign up to the Flujo Affiliate Program in their role to identify and recommend the use of Our Services ("Affiliate") to prospective customers. “We”, “Our”, “Us” or related capitalized terms used herein shall refer to Flujo Technologies Pvt Ltd. Please read these terms and conditions (“Terms”) carefully as they form a contract between You and Us. We reserve the right to amend these Terms from time to time in which case the new terms will supersede the previous versions. These terms and conditions will provide you with all the information You will need to know about Our Affiliate Program.
If You are agreeing to these Terms on behalf of a company, organization or another legal entity (“Entity”), You are agreeing to these Terms for that Entity and representing to Us that You have the authority to bind such entity to these Terms, in which case the terms, “You,” “Your” or related capitalized terms used herein shall refer to such Entity. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms.
- Flujo is a communication & collaboration suite for teams. We are a cloud-based SaaS Product company.
- The Parties desire to appoint Affiliate as a source for referrals for the software service mentioned above (the “Services”), in accordance with the Terms.
You are hereby appointed as a non-exclusive source for referrals of the Services and You hereby accept such an appointment. You shall have the opportunity, independently or in conjunction with Us, to identify or recommend Services to potential customers, by sharing the link provided to You through the marketplace platform (“FirstPromoter”). Your access and use of Your FirstPromoter account shall be governed by their terms and privacy notice.
3. Services and other terms
We may revise our Services to add or delete Services at any time, in our sole discretion, with or without prior written notice to You.
4. Onboarding and other support
As part of onboarding You as an Affiliate and during the Term, We may send You various collaterals about our Services that You may use to promote our Services in accordance with this Agreement. In order for You to fulfill Your obligations as an Affiliate, We may also from time to time, conduct various webinars and other training programs as We deem fit, about our Services.
5. Referrals and Commission
“When someone subscribes to Our Services pursuant to Your sales and marketing efforts provided in accordance with these Terms, We shall at our sole discretion determine if such subscriber is a Lead for the purposes of Exhibit A. In any event, a subscriber shall not be considered as a Lead for the purpose of disbursing Commission to You if such subscriber is 1) already Our existing customer; 2) not a recipient of a proposal from Us; 3) not being actively pursued by Our sales representatives; 4) not currently identified as a qualified opportunity from our other partners. With respect to each Lead, We will pay You commission as outlined in Exhibit A following receipt of payment from the Lead. No Commission is payable on any maintenance or support related services provided by Us to a Lead. No Commission is payable for any Services subscribed to by You or Your affiliates.
You acknowledge and agree with that:
6. Your Responsibilities
You agree to the following :
a. The associated fee will go to the final link that the Lead making the purchase clicked on before completing their transaction, provided that such purchase occurs within 60 days of the link. For clarity, clicks on the link are valid for 60 days, so if the customer purchases more than 60 days after clicking the link, you will not receive the associated fee for such a transaction.
b. You cannot “self-refer”, which means that the affiliate fees will only result in transactions done by other people using your link.
c. You will not engage in any behavior that is fraudulent, abusive, or harmful to the site or program at our discretion.
d. We reserve the right, at any time, to review your placement and approve the use of your link and require that you change or use the placement to follow the guidelines given.
e. All domains that use your affiliate link must be submitted when required.
f. Your website will not be identical, copied in any way, nor will it mirror the look and feel of our site. You cannot in any way create an impression that your site is our website or even mirror a part of our website in any manner.
g. You may not engage in cookie stuffing or include pop-ups or inaccurate or misleading links on your website. In addition, you will not attempt to mask the referenced URL information (ie, the page from which the click originated).
h. You will not use redirects to bounce a click from a domain that did not originate the click to make it appear as the click came from that domain.
i. If you are found redirecting links to hide or manipulate your original source, Affiliate fees not yet paid by the company will be void and your account will get terminated. This doesn’t include using “out” redirects from the same domain where the affiliate link is placed.
j. It will be solely your responsibility to maintain and update your website. We can monitor your website because we are required to ensure that it (or they) is up-to-date and to notify you of any comments as it relates to the program.
k. It is entirely your responsibility to comply with all applicable intellectual property and other laws relating to your website. You must have permission to use the copyrighted material of any person or any business or institution, whether it is writing, image or any other copyrighted work. If you violate the law or the rights of any third party, we will not be responsible (and you will be solely responsible) for using the copyrighted material or other intellectual property of any other person, business, or institution.
l. You will not, in connection with this agreement, display or reference on your website, any trademark or logo of any third-party vendor on our site, unless you have an independent license to display such trademark or logo; Any data, images, text, or other information obtained by you or us from the site in connection with this agreement is used only in a lawful manner and only in accordance with the terms of this agreement.
m. You will not send unsolicited bulk emails (spam). You shall not create advertising sites (a) sites and applications that contain adult content, pornography, weapons, graphic violence (including any violent video game images), alcohol, drugs, tragedy, transportation accidents, sensitive social issues. Gambling, or content that is abusive, profane, hateful, threatening, harmful, abusive, harassing, or discriminatory (whether by race, ethnicity, religion, sex, sexual orientation, physical disability, or otherwise), or solitude Be based on any unlawful or aggressive behavior; Or (b) advertisements that appear on fake news content.
n. Pay-per-click (“PPC”) restrictions:
Unless the company first gives you written permission, you agree to abide by the following restrictions:
- You may not bid on any of our restricted terms (defined below) for search or content-based campaigns on Google, Bing, Yahoo, Capterra, Facebook, or any other such networks.
- “Restricted Terms” is any of the following terms: Flujo, flujo.io, https://flujo.io/, app.flujo.io, Flujo coupon, Flujo discount code, Flujo discount, Flujo promo code, Flujo sale, Flujo promo, Flujo sales, Flujo deals.
- You may not use our restricted terms, including any changes or misspellings above, in sequence with any other keywords.
- You may not use our restricted terms as your title, ad copy, display name, or display URL.
- You may not use any of our trademark terms as part of a domain or subdomain for our website.
- You cannot direct links from any PPC advertisement to the site or use redirects that get the same result. Customers should be directed to a genuine page on your website.
- You cannot bid for any search term in any auction-style PPC advertising program in any way that looks more than us.
- If you will automate your PPC campaigns, it is solely your responsibility to exclude the terms of your trademark from your marketing and related activities and we strongly suggest that you add our trademark terms as negative keywords.
o. Social Media Restrictions:
When advertising or promoting the program on Facebook, Twitter, Instagram, YouTube and other social media platforms, you indicate and warrant that you will comply with the following requirements:
- You can only promote programs and links on your social media page.
- You are forbidden from posting your links on our Facebook, Twitter, Pinterest, or any other company’s social media account or page in an effort to convert those links into affiliate sales.
- You are prohibited from creating a social media account that includes our trademark in the page name and/or username.
p. You shall:
- Not promote our Services on any adult, hate, or other related sites that host content in violation of the law.
- Not have more than one account with FirstPromoter.
- Not send unsolicited communications, junk email, spam or other forms of duplicative or unsolicited messages to Potential Customers;
- Represent and warrant that You shall comply with all applicable laws relevant to Your duties, obligations, and performance under these Terms.
Violation of the above will lead to automatic termination from the Affiliate Program and You will be ineligible to receive any due or future commissions.
7. Promotion of Our Affiliate Program
a. Use of Links
We will make available to you via the Affiliate Program graphic and textual links to the Program Web Site and/or other creative materials (collectively, the "Links") which you may display on web sites owned or controlled by you, in emails sent by you and clearly identified as coming from you and in online advertisements (collectively, "Media"). The Links will serve to identify you as a member of our Affiliate Program and will establish a link from your Media to the Program Web Site.
EXCEPT AS EXPRESSLY PERMITTED HEREUNDER, YOU SHALL NOT AND ARE NOT PERMITTED TO (i) USE THE FLUJO TRADEMARK, NAME, LOGO OR ANY OF OUR OTHER INTELLECTUAL PROPERTY, INCLUDING WITHOUT LIMITATION, THE LINKS, AND THE LICENSED MATERIALS (COLLECTIVELY, THE “FLUJO IP”) (OR ANY MISSPELLINGS OR VARIATIONS THEREOF OR OTHER TERM OR TERMS SIMILAR TO ANY OF THE FOREGOING) WITHOUT FLUJO’S EXPRESS PRIOR WRITTEN PERMISSION; (ii) USE FLUJO IP IN A DOMAIN OR WEBSITE NAME, IN ANY BIDS FOR KEYWORDS OR GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), IN ANY SEARCH ENGINE ADVERTISING (PAID OR OTHERWISE), IN ANY METATAGS, GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), SEARCH TERMS, KEYWORDS, CODE, OR ADVERTISING; (iii) ACT IN ANY WAY THAT CAUSES OR COULD CAUSE, CREATES OR COULD CREATE AN “INITIAL INTEREST CONFUSION” OVER THE USE OF FLUJO IP ON THE INTERNET OR IN ANY SEARCH ENGINE ADVERTISING. YOUR USE OF FLUJO IP IN ANY MANNER, OTHER THAN AS EXPRESSLY PERMITTED HEREUNDER SHALL CONSTITUTE UNLAWFUL INFRINGEMENT OF FLUJO’S INTELLECTUAL PROPERTY RIGHTS, AND MAY SUBJECT YOU TO THE CLAIMS FOR DAMAGES (INCLUDING POTENTIAL DAMAGES FOR KNOWING OR WILFUL INFRINGEMENT), AND THE OBLIGATION TO PAY FLUJO’S LEGAL COSTS AND FEES IN CONNECTION WITH ANY ACTION OR PROCEEDING IN WHICH FLUJO SEEKS TO IMPLEMENT ITS RIGHTS UNDER THIS AGREEMENT OR IN REGARD TO ANY OF FLUJO’S INTELLECTUAL PROPERTY RIGHTS.
c. Discounts and Coupons
You are not permitted to post any refunds, credits or discounts on the Flujo Products and Services, or other content concerning Flujo without Flujo’s prior written consent in each instance. Affiliates can only use discounts and coupons that are shared exclusively through the Affiliate Program using banners or links. The Links associating users of the Affiliate Website to the relevant section of the Flujo website will in no way modify the look, feel, or functionality of the Flujo website. Any violations of the terms surrounding links, coupons, refunds, credits or discounts shall constitute a material breach of this Agreement, and may result in your termination from the Affiliate Program or the withholding of Commission Fees.
d. FTC Endorsement Compliance
It is the mission of Flujo to treat all our customers well. In line with this, we require all Flujo contacts to comply with applicable laws, regulations, and guidelines regarding advertising and marketing, including without limitation, the Federal Trade Commission (FTC) Endorsement Guides, which requires disclosure of communications between advertisers and sponsors. This means that all Associated Sites (e.g. References, Testing / Ratings websites, blogs, and other websites) and any email or affiliate that provides endorsement or evaluation of our products and services must clearly disclose the fact that you are receiving Compensation for referred customers.
Flujo reserves the right to withhold the Commission Fees and cancel the relationship you represent if we decide that you do not comply with any of the foregoing guidelines or other FTC regulations or guidelines that we deem appropriate.
8. Negotiation Rights
All contracts for Services between Us and a Lead will be conducted solely by Us. You agree not to negotiate terms or make commitments on behalf of Us.
9. Intellectual Property Rights
You acknowledge and agree that title to, ownership of and all proprietary rights in and to Our products including any custom development services to the products and all data compiled by the products are reserved to and are Our exclusive property. Each of the Parties shall maintain all rights, title, and interest in and to all their respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how, and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to You to use the Marks (as defined below) under these Terms do not convey any additional rights in the Marks, or in any Intellectual Property Rights associated therewith. Subject only to limited rights to access and use the Marks as expressly stated herein, all rights, title, and interest in and to the Marks, including all related Intellectual Property Rights, will remain with and belong exclusively with Us. We authorize You to use Our current and future trademarks, service marks, and trade names (“Marks”) solely in connection with the marketing of the services pursuant to these Terms. You shall submit to Us all representations of the Marks that You intend to use in connection with the services, for Our approval of the design, color, and other details, at Our sole discretion. Notwithstanding the preceding, if at any time We request that such use be modified, limited, or removed, You will comply. If You, in the course of performing Your services hereunder, acquire any goodwill in any of the Marks, all such goodwill will automatically vest in Us and You shall take all such actions or execute any documents necessary to effect such vesting. You shall not contest the validity of any of the Marks or Our exclusive ownership of the Marks. You shall not adopt, use, or register, whether as a corporate name, trademark, service mark or other indication of origin, any of the Marks, or any word or mark confusingly similar to the Marks in any jurisdiction. You shall not remove or efface any proprietary notices on the services.
10.1 We will indemnify and hold You harmless, from and against any claim against You by reason of Your use of the Marks as permitted hereunder, brought by a third party alleging that the Marks infringes or misappropriates a third party’s valid intellectual property (an “IP Claim”). We shall, at Our expense, defend such IP Claim and pay damages finally awarded against You in connection therewith, including the reasonable fees and expenses of the attorneys engaged by Us for such defense, provided that (a) You promptly notifies Us of the threat or notice of such IP Claim; (b) We have or will have the sole and exclusive control and authority to select defense attorneys, defend and/or settle any such IP Claim; and (c) You fully cooperate with Us in connection therewith.
10.2 The provisions of this clause 10.1 states the sole, exclusive, and entire liability of Us to You and constitute Your sole remedy with respect to an IP Claim brought by reason of Your access to or use of the Marks.
10.3 You will indemnify and hold Us harmless against any claim brought by a third party against Us, and Our respective employees, officers, directors and agents arising from or related to breach of these Terms or matters which You have expressly agreed to be responsible pursuant to these Terms; provided that We promptly notify You of the threat or notice of such a claim.
10.4 Our obligations under clause 10.1 do not apply to any claim based on: (a) a use of other than the version of the Marks in use currently, if the infringement would have been avoided by use of the current version; (b) modification of the Marks by You; or (c) the combination or use of the Marks with materials not furnished by Us, if such infringement would have been avoided by the use of Our materials alone.
11. WARRANTY DISCLAIMER
WE HEREBY DISCLAIM ANY WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU SHALL MAKE NO REPRESENTATIONS OR WARRANTY FOR THE SERVICES ON BEHALF OF US.
- We have the right to terminate You as an Affiliate without any prior notice and without liability for a breach of these Terms.
- Upon termination (a) any rights granted hereunder shall immediately terminate; (b) all Confidential Information of the other party shall be returned to the other party.
13. Confidential Information and Data Privacy
13.1 “Confidential Information” means any information disclosed by either Party to the other Party pursuant to these Terms that is marked “Confidential,” “Proprietary,” or in some similar manner. Each Party shall treat as confidential all Confidential Information of the other Party and shall not use such Confidential Information except to exercise its rights or perform its obligations under these Terms and shall not disclose such Confidential Information to any third party. This paragraph will not apply to any Confidential Information that is generally known and available, or in the public domain through no fault of the receiver. The Parties agree that any breach or threatened breach of the provisions set forth in this clause shall cause irreparable harm to the non-breaching party and shall entitle the non-breaching party to injunctive and equitable relief in addition to any other remedies it may have.
13.2 You acknowledge and agree that (i) We, at our sole discretion, have the right to audit You for Your compliance under these Terms and You shall extend full cooperation during such audits; (ii) any information about Us, our customers or our employees, including but not limited to personal data, disclosed by Us to You shall be utilized by You solely for the provision of services to Us under these Terms. A breach of clause 13.1 and 13.2 by You shall be deemed a material breach of these Terms and You shall be liable to indemnify Us in accordance with clause 10.3 of these Terms.
13.3 Any information that We collect about You shall be governed in accordance with our privacy notice available here.
14. LIMITATION OF LIABILITY
OUR LIABILITY UNDER THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE COMMISSION PAID TO YOU BY US UNDER THESE TERMS IN THE 12 (TWELVE) MONTHS PRECEDING THE CLAIM. NEITHER PARTY WILL BE LIABLE FOR ANY SPECIAL INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF THESE TERMS, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by applicable law, and the remaining provisions of these Terms shall remain in effect. Our non-exercise of any right under or provision of these Terms does not constitute a waiver of that right or provision of the Terms.
16. Entire agreement
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
- Each time a Lead signs-up with Us using your referral link that You share with Your Leads & and becomes a paying customer with Us You will be eligible for a commission of 25% of the invoice value for our Services to a maximum of 1 year of subscription.
We shall release all the amounts due to You, within 30 days of receipt of all the payments received from the Lead.
Effective Date: 7th July 2020