Affiliate Terms & Conditions
HODL Tech Pvt. Ltd. ("Company", "we", "us", "our") manufactures and sells the Cypherock X1 hardware wallet. We hereby grant to approved third parties ("Affiliate", "you", "your", "yours") a limited, non-exclusive right to advertise and promote the Company's goods & services and to direct traffic to our website through graphical or textual HTML links (Referral Link).
To enter the Program, the Affiliate acknowledges acceptance of the Program's Terms and Conditions by signing up for an Affiliate account at https://www.cypherock.com/affiliate/. After the signup, the Affiliate will receive a unique code alongside an email that contains a link that they can share containing the Affiliate Code.
The Company will provide you with specific Referral Codes and Links to link products, pages, and other marketing content. The management of Links and Codes will be through Social Snowball - an affiliate management software. Social Snowball will provide you with login details so you can monitor and track purchases via your Links and Codes, and also manage your payout details ("Affiliate Dashboard", "dashboard")
The Affiliate is entitled to the Affiliate Reward. The Affiliate shall have no claims to any additional compensation.
The Company offers this affiliate program (the "Affiliate Program") through which an approved third party (the "Affiliate") may provide marketing services via the codes and links as provided by Company ("Codes" and "Links"), which will be placed by the Affiliate on their website, that can redirect towards the Company's website or such other website as designated by the Company (the "Site").
By having (i) filled the relevant bank account details and (ii) signing up and agreeing to the Affiliate Conditions online, the Affiliate acknowledges and agrees that: (a) they fully understands the Affiliate Conditions; and (b) they agree to be bound by all of the Affiliate Conditions with immediate effect.
This Agreement shall apply only to Affiliates who accept the Terms and Conditions. Only Affiliates who accept this Agreement may participate in the Program. If there is any disagreement with the terms mentioned in this agreement, the Affiliate may contact the Company via email and opt-out of the program. If the Affiliate chooses to opt-out of the Affiliate Program, their data - Name, Email, Code/Links and Bank Account Details will be removed from Social Snowball.
The Affiliate Conditions shall be a binding agreement between the Affiliate and HOLD Tech Pvt. Ltd., and the Company reserves the right to update the Affiliate Conditions at any time. The Affiliate Conditions may be amended, changed, or updated by the Company at any time and the Company will notify the Affiliate of the subsequent versions of the Affiliate Conditions via online or email notification(s). Please note that after the effective date of any such amendments, changes, or updates, the Affiliate shall be deemed to have accepted any such subsequent amendments, changes, or updates, by continuing to participate in the Affiliate Program.
Capitalized terms that are not defined in the Affiliate Conditions shall have the same meaning as in the Terms and Conditions.
1. Affiliate Rewards
(i) The Affiliate Reward is a flat commission fee of $25. The Affiliate Reward is only eligible for first time transactions for users. If a user has purchased a Cypherock X1 wallet previously and uses your code, they will not receive the discount on the product and neither will you receive the Affiliate Reward. This program will only be active for the first 1,000 devices sold. At the end of this program, HODL Tech Pvt. Ltd. reserves the right to change the program. Details of program changes and termination can be found in section 3 under Amendments and Termination.
(ii) The payout threshold is $100.
(iii) If a user clicks on the Link, and then concludes the purchase/payment procedures of the Products on the Site (the "Transaction"), the Affiliate shall be entitled to receive commission payments ("the Reward") for such Transaction. Payment of Rewards received by Affiliate shall be made by the Company only for completed and valid Transactions. If a user cancels his/her order or requests a refund for any reason, as per the Cypherock Refund Policy, the Affiliate will not receive the Affiliate Reward.
(iv) A Confirmed Sale occurs when a Referred Visitor (i) purchases Company goods or services, (ii) does not cancel the order within fifteen (15) days, (iii) does not request a refund and (iv) is purchasing a product for the first time.
(v) The Payout will occur between the 1-5th of every month. Payouts will only occur if the Affiliate satisfies the conditions of the payout threshold. Once a payout has been issued, the account of the Affiliate resets to $0 after which future payouts will adhere to the payout threshold. he Rewards shall be paid in USD via the Bank Transfer details mentioned in the Affiliate Dashboard within a maximum 30-day delay from the date the Affiliate fulfilled the conditions under the Affiliate Conditions.
(vi) If the Affiliate wants to quit the Cypherock Affiliate program, and the Affiliate does not meet the payout threshold, the Affiliate will not be eligible for the Affiliate Reward. The Affiliate's account and rewards will remain active for 1 month before the referral code and the account is deleted from the Cypherock Affiliate program.
(vii) No Rewards will be paid for (a) invalid Transactions or Transaction carried out by automated methods, robots, or any other activities conducted by machine other than a natural person, and/ or (b) Transactions carried out in violation of any provision of these Affiliate Conditions, and/or (c) Transactions of more than 10 Products in one order or other Transaction(s) that are deemed by Cypherock as irregular, false or high-risk at Cypherock's sole discretion.
(viii) The Affiliate is solely responsible for the payment of all taxes relating to the Rewards.
2. Affiliate Obligations
(i) The Affiliate agrees to check the email provided to the Company on a regular basis to keep updated with developments regarding the company and the Affiliate Program, as well as review any materials share with the Affiliate for the purposes of marketing in accordance to the Company's branding guidelines.
(ii) Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene, or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered in this Agreement, each party retains all right, title, and interest to its respective rights, and no right, title, or interest is transferred to the other.
(iii) The Affiliate agrees to not publish or operate any website, explicitly or implied, that resembles our website nor design your website in a manner that leads customers to believe you are the Company or an affiliated business of the Company.
(iv) The Affiliate agrees to not commit fraud or submit fake transactions.
(v) The Affiliate agrees to not use spam, adware and/or malware to promote Company products.
(vi) The Affiliate agrees to not steal traffic from, or interfere in any way with, other Affiliates.
(vii) The Affiliate agrees to comply with all applicable laws and regulations with respect to the Affiliate's website content and activities related to this Program and our Company.
(viii) The Affiliate agrees that the Company may record the Affiliate's sales statistics and other information provided by the Affiliate during registration. The Company will take reasonable steps to maintain the confidentiality of the information.
(ix) The Affiliate agrees to provide, on request, all necessary information about the Affiliate's promotional activities regarding the Affiliate Program.
(x) We may monitor your website 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 that would improve performance. If you do not make the changes we feel are necessary, we reserve the right to terminate your participation in the Affiliate Program.
(xi) The Affiliate must be above the age of 18 and must be of full legal capacity under the laws applicable to the Affiliate to participate in the Affiliate Program.
(xii) The Affiliate must not use the Company's brand name, name, or typos in the "From" address line, and all e-mail from the Affiliate correspondence must contain the Affiliate's email addresses.
(xiii) The Affiliate shall not bid for search engine traffic using the terms "Cypherock", "Cypherock X1", "Cypherock Wallet" or similar keywords, or any misspellings of them. The Affiliate also agrees not to include the above-mentioned keywords in the display URL for purchased keywords. Misspellings include those with missing characters, extra characters, wrong character sequences, and where the wrong key is pressed.
(xiv) The Affiliate shall not place Links on Search Engine Advertising platforms such as Adwords or Bing. Affiliates must ensure that websites on which they placed links in remain below the Company's own paid search ads at all times on Search Engine Advertising platforms.
(xv) Affiliate is not allowed to place Links on couponing or cashback sites. Affiliate must not purchase the Company's products through any Links in order to try getting a discount/retro-commission.
(xvi) The Affiliate shall not use, build, or repurpose any website that has a similar look and feel to the official website or mislead any third person into thinking the Affiliate is representing the Company or is an official partner of HODL Tech Pvt. Ltd.
(xvii) Whenever a link is placed on any visual image or webpage, the Affiliate must follow the instructions of the Company and ensure that such image or webpage (i) comply with the HODL Tech Pvt. Ltd.'s brand image and brand guidelines, as may be revised from time to time; (ii) not contain any content that is illegal, offensive, pornographic, violent, tortious, fraudulent, deceptive, or otherwise objectionable; and (iii) comply with all existing and/or new written or oral requirements of HODL Tech Pvt. Ltd.
(xviii) Neither Party may assign or otherwise transfer all or any part of its rights under the Affiliate Conditions without the prior written consent of the other Party.
3. Amendments and Termination
(i) Either you or we may end participation in the Program AT ANY TIME, with or without cause, by giving the other party written (email) notice. In addition, this Agreement will terminate immediately upon any breach of the Terms and Conditions by you. The Company has the sole right to determine whether or not a breach of rules occurred.
(ii) The Company may amend the Terms and Conditions of the Affiliate Program at any time. Amendments to the Affiliate Reward Terms and Conditions will apply after a seven (7) day notice period.
(iii) The Affiliate agrees that upon termination from the Program, for any reason, the Company and associated partners bear no responsibility for any loss or damages caused by the termination.
(iv) The Affiliate acknowledges that termination from the Program, by the Company or by the Affiliate's own decision, will result in voiding all pending Rewards, such as those that have not reached the Payout Threshold or customer purchases that have not achieved a Confirmed Sale status.
4. Limitation of Liability
(i) The Affiliate shall maintain adequate security and control of all accounts, passwords, API keys or any other codes that the Affiliate use to access or associate with the Affiliate Program. The Affiliate acknowledges and agrees that the Affiliate shall be solely responsible for any activities or actions associated with the Affiliate's participation in the Affiliate Program, whether or not the Affiliate has authorized such activities or actions.
(ii) The Affiliate acknowledges and agrees that, to the maximum extent permitted by applicable law, even if HODL Tech Pvt. Ltd. has been advised of the possibility of such damage or loss, the Company shall only be liable for the direct damages caused by gross negligence or intentional misconduct of the Company while providing the services associated with the Affiliate Program. The Affiliate also acknowledges and agrees that in no event shall the Company be liable for any damage or loss that is not reasonably foreseeable.
(iii) The Affiliate acknowledges and agrees that to the maximum extent permitted by applicable law and to the extent the Company is held liable under the aforementioned clause [Insert previous clause number], the maximum liability of the Company shall not exceed the accumulated Rewards paid to the Affiliate by HODL Tech Pte. Ltd.
5. Indemnification
(i) The Affiliate agrees to defend, indemnify, and hold HODL Tech Pvt. Ltd., its subsidiaries and affiliates, and their officers, directors, employees, agents, representatives and attorneys harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) the Affiliate's violation of the Affiliate Conditions; and/or (b) the Affiliate's violation of any third-party right, including without limitation any intellectual property, confidential information or other proprietary rights.
6. Governing Law and Jurisdiction
(i) The Affiliate Agreement is governed by and will be construed according to the laws of the Singapore Courts.
(ii) If there are any issues arising under the Affiliate Program and not mentioned in the Affiliate Conditions, such issues shall be governed by and will be construed according to the Terms and Conditions and the laws of Singapore.
(iii) The Parties agree that the Supreme Court of Singapore shall be the court of the first instance with jurisdiction for any dispute or controversy arising from or in connection with these Affiliate Conditions.
7. Miscellaneous
(i) Participation in the Affiliate Program does not constitute any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and the Company. You will have no authority to make or accept any offers, warrants, or representations on our behalf. You will not make any statement, whether on your site or otherwise, that contradicts this Section.
(ii) The Affiliate acknowledges that the Company owns and has exclusive rights to any and all customer information that comes into the Affiliate's possession relating to the Affiliate Program.
(iii) This Agreement represents the entire agreement between the Company and you and shall supersede all prior agreements and communications of the parties, oral or written.
(iv) 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.
(v) 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.
Contact
(i) For any information or queries related to the Affiliate Program, please contact [email protected]