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These Terms are a legal agreement (“Agreement”) between Hyper Growth Marketing Sdn. Bhd. (“Hypershapes”, “we”, “us”) and You (“Affiliate”, “you”).
By this Agreement, you will have the opportunity to earn commissions (“Commission”) from Hypershapes Service (“Service”) that you sell.
Participation in Affiliate Program
To enroll in the Affiliate Program, then you must sign up a Hypershapes Account with current, complete, and accurate information. Providing false information in the registration form will result in immediate termination from the Affiliate Program and forfeiture of all outstanding Commissions.
Once you signed up for the Affiliate Program, you will receive a unique URL(“Affiliate URL”) which redirects to the Hypershapes website(“Site”). When a prospect (“Prospect”) clicks through that URL, a cookie (or similar tracking technology (hereinafter “Cookie”)) will be set in the Prospect’s browser.
In the event that a Prospect has multiple Affiliate Cookies, the most recently-acquired Cookie will determine which Affiliate is credited with a Sale.
1. The amount of Commissions are as follows:
- Standard Affiliate: 20% recurring Commission from each successful subscription (“Subscription”) .
- Pro Affiliate: 30% recurring Commission from each successful Subscription on tier 1. Plus, 5% recurring Commission on tier 2.
- Expert Affiliate: 40% recurring Commission from each successful Subscription on tier 1. Plus, 10% recurring Commission on tier 2.
2. Every time the customers paid for the Subscription, Hypershapes will withhold the Commission for 60 days in order to verify the payment. After the 60 days, the Commission will be made available and you can submit a request to withdraw the Commission.
3. Before you request for the payment, you must provide Hypershapes all the required information, as instructed by Hypershapes. Hypershapes may withhold tax (including without limitation VAT) where required by applicable law. You are solely responsible for complying with all tax laws in your respective jurisdiction(s) including, but not limited to, the payment of all required taxes, and filing of all returns and other required documents with, the applicable governing body(ies).
4. When you submit a request to withdraw the Commission, Hypershapes will take 14 days to proceed with the Commission payment. All Commission payments are based on the amount of fees received by Hypershapes, less sales taxes.
5. No Commission payment shall be made unless you provide Hypershapes with accurate and complete contact and tax details.
6. All Commissions are paid in U.S. Dollars (USD). Some payment methods may incur processing fees that may be deducted from your Commissions.
7. Your combined Commission must at least $100.00 (USD) before you can request for payment from Hypershapes.
8. If payment from a Sale is not actually received by Hypershapes, you will not be paid for the Sale.
9. Any customer refunds, reversals or credit card chargebacks owed by Hypershapes to the referred customer will result in the appropriate Commission amount being deducted from the your Affiliate account(“Affiliate Account”). If the Commission from that sale has already been paid to you, the amount will be deducted from future payments of the Commissions. Hypershapes may invoice you for the payment of the remaining debt immediately and you are obligated to pay it within the payment date provided in the invoice.
10. Any fraudulent activity that can be traced directly to your actions will cause immediate termination and forfeiture of any Commission earned.
11. You will not receive Commission from extra add-ons, top-ups, additional services and products.
12. If Hypershapes determines, in its sole and exclusive discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement or applicable law, no Commission will be paid for such Sale and, for past sales, such payment amounts shall be deducted from your future Commissions, and Hypershapes may terminate this Agreement immediately without Hypershapes having any liability to you.
13. Hypershapes reserves the right to change the Commission rate and Service prices at any time. Any Commissions accrued after such a change will be at the new rate.
Limitation of liability
To the maximum extent permitted by law, Hypershapes, its employees, directors, officers or representatives shall not be liable for any direct, indirect, punitive, special or consequential damage or loss, howsoever caused and irrespective of the nature of the cause of action, demand or claim by you. You hereby releases Hypershapes, its employees, directors, officers and representatives from any and all obligations, liabilities and claims in excess of the aforementioned limitation.
You agree to protect, defend, indemnify and hold harmless Hypershapes, our officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limitation arising out of Your conduct, acts, or omissions related to Your application and/or performance of this Agreement including, but not limited to, any breach of this Agreement. Your indemnity obligation includes, but is not limited to, any third party claim against Hypershapes for liability or payments for damages caused by, or other liability relating to, You. This provision expressly survives the termination of this Agreement.
- Hypershapes may terminate this Agreement, Affiliate Program, services and access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately.
- If you breach this Agreement, violate any law or any Hypershapes policies, as determined by Hypershapes in its sole discretion, we may terminate this Agreement, your Hypershapes Account, and your access to your Affiliate Account at any time without notice to You.
- At any time that your Hypershapes Account is terminated, cancelled or suspended, your participation in the Affiliate Program shall be automatically terminated and you immediately forfeit all Commissions, and any other payments owed to you or that may in the future be owed to You without any further liability by Hypershapes to You.
- If this Agreement is terminated or canceled, then all provisions that by their nature should survive will survive, including, but not limited to, all limitations of liability, warranty disclaimers, indemnity and limitations of liability.
- Hypershapes reserves the right to terminate this Agreement immediately and without notice and forfeit all outstanding Commissions if you violate any provision of these Terms, in particular if you:
- used the Affiliate Program as a rebate or discount for personal purchases.
- offered cash rebates or other monetary incentives to people who buy through your affiliate link.
- promoted Hypershapes or the Affiliate Program via Google Adwords or other search engine provider without prior written consent of Hypershapes.
- delivered fraudulent traffic, including but not limited to use of bots or toolbar traffic, cookie stuffing, or use of false or misleading links.
- misrepresented Hypershapes, the Affiliate Program or the Service in any way.
- led a reasonable person to believe that Hypershapes trademark or content is a property of yours or such a third party.
- sent unsolicited email(spam) or engage in any other communication to a recipient if the recipient has requested discontinuance of such communication.
- opened a Hypershapes Account under the name of another person or entity, under a fictitious name, or under any name merely for the purpose of obtaining Commissions or any other compensation.
Hypershapes does not promise, guarantee or warrant your business success, income, or sales. You understand and acknowledge that Hypershapes will not at any time provide sales leads or referrals to you. You understand and agree further that this is not a business opportunity, a franchise opportunity, or an assisted marketing plan. You are responsible for procuring and paying for any and all materials and resources necessary to operate as an Affiliate as you determine in your sole discretion.
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 Hypershapes. You will have no authority to make or accept any offers or representations on our behalf.
In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms of Service, as so modified, shall continue in full force and effect.
Hypershapes may modify the terms and conditions within this Agreement at any time, with or without prior notice to You. These modifications may include, but not limited to changes in the scope of available Commissions, Commission schedules, payment procedures and Affiliate Program rules.