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Affiliate Terms of Service

In order to participate in the BitsDuJour Affiliate Program it is compulsory to agree the following terms and conditions by pressing the “Sign Up” button, meaning that you understand and accept all the terms of BitsDuJour Affiliate Program. The terms and conditions contained by this program may modify at any time by posting a modification note or a new program on BitsDuJour site. If any terms or modification cannot be accepted, the only way to act is not to press the "Sign Up" button or to cancel the participation in the BitsDuJour Affiliate Program. The participation in the Affiliate Program after its modification represents the implicit acceptance of the specified modifications.

1. DEFINITIONS

1.1 Unless otherwise required or expressly stipulated, the following expressions will have the following meanings:

  • "BitsDuJour" refers directly to "BitsDuJour LLC", taking in consideration the items chosen for promotion by the Affiliate and the Software Vendor.
  • "BitsDuJour Site" means the internet site of BitsDuJour with the internet address: http://www.BitsDuJour.com.
  • "BitsDuJour platform" means the system used for the marketing of products, including the BitsDuJour Site.
  • "Item-s" means any software or products marketed through the BitsDuJour platform.
  • "Client" means any person or business company purchasing software products through the BitsDuJour platform.
  • "Software Vendor" means any person or business that markets products and/or services through the BitsDuJour platform.
  • "Software Vendor Site" means the internet site of the Software Vendor.
  • "Affiliate" means any person or business that understands and approves to have read and fully agrees with the terms and conditions mentioned below and it is shown on the BitsDuJour Affiliate Program as Affiliate.
  • "Affiliated site" means the internet site of the Affiliate as it is shown on the BitsDuJour Affiliate Program.
  • "Link" means the internet URL generated only through the BitsDuJour platform in the Affiliate Account that will connect the description on the Affiliate site to the corresponding Item on the BitsDuJour platform.
  • "Chargeback" means an amount of money:
    • which has been deemed to have been refunded by or returned by BitsDuJour to a Client based on a Link which has been voided, retracted, subject to returns,
    • been reversed due to fraud, or otherwise rescinded for any reason;
    • which has been retrieved from, reserved against and/or charged against BitsDuJour accounts under the terms of any applicable credit card Software Vendor account agreements or because of government actions including but not limited to embargo, court order, reclamation.

2. SUBJECT MATTER OF THE PROGRAM

2.1 The BitsDuJour Affiliate Program is a special marketing program that facilitates the Affiliates to participate for promoting the Software Vendor’s Items.

2.2 In order to join the BitsDuJour Affiliate Program, the Affiliate must meet and fulfill the following stages:

2.2.1 Opening an account. The Affiliate must fill the application form accessible on the BitsDuJour Site and accept the conditions of BitsDuJour Affiliate Program. At the reception of the application BitsDuJour will analyze the application, allocate an ID to the Affiliate (sole identification number in the BitsDuJour Affiliate Program) and shall communicate to the Affiliate via e-mail the login data of his account. The Affiliate will have an account accessed anytime through the BitsDuJour site (secure pages) using his e-mail and Password. The account allows the Affiliate to benefit from various functions of the BitsDuJour platform, explained below.

2.2.2 The approval. The Affiliate may choose from his account the Items he wishes to promote, or choose to promote all items. The commission percentage payable to the Affiliate for each sale of a product through the BitsDuJour platform will be set at 50% of the commission BitsDuJour receives for the sale, after any discounts, taxes and fees have been deducted.

2.3 BitsDuJour reserves the right to reject or cancel Affiliate-s for any/no reason. As an example, BitsDuJour shall reject or cancel the Affiliate-s should it is established that the Affiliate site is not compatible with the BitsDuJour Affiliates Program or BitsDuJour Policy, including:

  • Promotes material with explicit sexual content.
  • Promotes violence.
  • Promotes race, sex, gender, religion, nationality, physical disability, sexual orientation or age discrimination.
  • Promotes illegal activities.
  • Contains materials infringing or supporting third parties to infringe copyrights, mark or other forms of intellectual property or the applicable laws.
  • Includes "BitsDuJour" or "Iconico" their derivations or typing errors in the domain name.
  • Is in any way illegal, damaging, libelous, obscene, aggressive, racist or not corresponding to our principles.
  • Found to be using SEO Practices violating Google's Quality Guidelines found here.

2.4 In case the application of the Affiliate is accepted and the Affiliate site is subsequently declared as unacceptable for the BitsDuJour Affiliate Program, BitsDuJour reserves the right to cancel the participation of the site in the Affiliate Program. The Affiliates that have been rejected from the Affiliate Program subsequent to their subscription are forbidden to return with an application for the admission in the Affiliate Program.

2.5 On the Affiliate site can be posted a short description or other references, as well as images, graphic representations or texts for promoting the chosen and approved Items. The Affiliate shall be solely liable for the content, appearance or placement of this information. The Affiliate shall display on his site the Link generated through his Account in the BitsDuJour platform. The Affiliates are not allowed to use automatic techniques to obtain these links other than those provided by BitsDuJour. The Affiliate trying to use such techniques shall be rejected from the BitsDuJour Affiliate Program and any of his commissions cancelled. Only the links provided by BitsDuJour in the Affiliate account can be used for promoting the Items approved on the BitsDuJour platform.

2.6 The Affiliate is the only one liable for the development, operation and maintenance of his site and also for any material appearing on this site. BitsDuJour declines any responsibility in connection with the use of any materials other than those provided by BitsDuJour.

2.7 The Affiliate cannot make any official report or public comment in connection with this BitsDuJour Affiliate Program or with his participation to the BitsDuJour Affiliate Program, without prior written consent from BitsDuJour. The Affiliate can send an e-mail to nico@BitsDuJour.com in order to get a written consent.

2.8 IT IS FORBIDDEN for the Affiliate:

  • To use non-requested email (spam), pop-ups, pop-under, exit pages as well as any other techniques obviously or secretly driving Clients to the BitsDuJour platform;
  • To replace, intercept, interfere with, hinder, disrupt or otherwise alter a Client access, view or usage of Affiliate site, a Link or a Software Vendor web site, including without limitation any click-through or track-based transaction.
  • To place Links or any marketing support materials in newsgroups, message boards, unsolicited email and other types of spam, banner networks, counters, chat rooms, guest books, Internet relay chat channels or through similar Internet resources.
  • To place Links in any manner which may (intentionally or unintentionally) mislead any Client.
  • To cause any use of a Link in bad faith or through fraudulent means, including, but not limited to, using any device, program, robot, inline frames, hidden frames, or redirects.
  • To use automatic redirection to BitsDuJour site or any automatically method for saving a cookie of an Affiliate.

3. COMMISSIONS AND PAYMENT METHODS

3.1 Once a client accesses the BitsDuJour platform or the Software Vendor Site on the basis of a link on the Affiliate site containing the Affiliate ID, BitsDuJour preserves the respective Affiliate ID for 60 calendar days. Should the client place an order within this period BitsDuJour shall mention and register the related commission in the Affiliate’s account. In order to generate a commission, it is necessary that the Client follows the Link from the Affiliate Site, places an order, pays for the order made in full and for BitsDuJour to deliver and cash the value of such order. Orders which are not delivered, cashed or have Chargeback are not eligible to generate a commission.

3.2 BitsDuJour shall fulfill the orders placed by clients having followed the links from the Affiliate site. BitsDuJour reserves the right to reject orders for any/no reason. BitsDuJour shall keep a record for clients having followed special links from the Affiliate site and these records shall be accessible in the Affiliate account together with other reports.

3.3 As BitsDuJour does not process the final sale for the client a variety of third party systems are used to track the Client’s orders. BitsDuJour is not liable for failure of these systems to correctly track an order.

3.4 BitsDuJour shall pay the commission to the Affiliate in 30 days from the end of the month for which the commission is due, by PayPal, check or any other means agreed, provided that a minimum month target of 100 USD is reached, otherwise the value of the commission is to be reported for the following month. The affiliate will bear all bank and/or other taxes applied for all payments due by BitsDuJour.

The commission is paid by BitsDuJour in order to satisfied payment obligations to the Affiliate.

Should an order that had generated a commission for the Affiliate have a Chargeback this commission shall be deducted from the monthly commission that was not paid by BitsDuJour or in case BitsDuJour already paid the commission to the Affiliate the Chargeback will be deducted from the following monthly commission owed by the Affiliate. The Affiliate will remain responsible to BitsDuJour for any negative balances which arise out of any Chargeback and will have to pay BitsDuJour the value of the negative balance in maximum 60 days from the negative balance.

The clients that buy products through this BitsDuJour Affiliate Program become BitsDuJour’s or Software Vendor’s clients, as the case may be, and consequently any terms and conditions applied shall be imposed to such clients. The value of the commission granted to the Affiliate is confidential, and the infringement of this obligation by the Affiliate may lead to compensations according to damage.

4. FINAL PROVISIONS

4.1 The Affiliate agrees to have analyzed and approved this affiliate program and that BitsDuJour offers no guarantee of any kind. The parties agree that this Program shall be approved by the Affiliate on-line on the BitsDuJour site together with his registration in the Affiliate Program.

4.2 BitsDuJour holds the legal right regarding the "BitsDuJour Site" and the present BitsDuJour Affiliate Program and is acting as a reseller of Items for the Software Vendor.

4.3 The participation of an Affiliate on the BitsDuJour Affiliate Program may be terminated without any reason by BitsDuJour with a written request send by e-mail with at least 1 day notice.

5. Proprietary Rights in Site Content

5.1 All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission.

6. Limitation on Liability

6.1 IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE.

7. Governing Law

7.1 By visiting or using the Site and/or the Service, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates.