This Terms of Service (“Agreement”) governs the relationship between Axerty LLC (“Company”, “we”, “our”, or “us”) and the affiliates (“Affiliates”, “you”, “your”) who participate in our Affiliate Program (“Program”). By joining the Program, you agree to abide by the following terms and conditions.
1. Affiliate Program Participation
1.1. Participation in our Program is subject to our approval. We reserve the right to accept or reject any application at our sole discretion without providing reasons for the decision.
1.2. Upon acceptance into the Program, you will be provided with a unique affiliate link or other promotional tools to use in promoting our products (“Apps”).
2. Affiliate Responsibilities
2.1. You are solely responsible for the methods and strategies you employ to promote our Apps. Your activities must comply with all applicable laws, regulations, and the terms outlined in this Agreement.
2.2. You are not authorized to misrepresent Axerty LLC or its products in any way during your promotional activities.
3. Termination and Discretionary Control
3.1. Axerty LLC reserves the right to terminate or suspend your participation in the Program at any time, for any reason, and without prior notice. We may also terminate this Agreement or modify any of its terms at our sole discretion.
3.2. Upon termination, you must immediately cease using any promotional materials, links, or references to Axerty LLC or its products.
4. Non-Disparagement
4.1. During and after the term of this Agreement, you agree not to make any public statements, comments, or communications that could harm or negatively affect Axerty LLC, its reputation, or its products.
4.2. Any breach of this clause will result in immediate termination and potential legal action.
5. Non-Compete Clause
5.1. You agree that during the term of your participation in the Program and for a period of twelve (12) months thereafter, you will not engage in any activities that compete with Axerty LLC’s products or services.
5.2. Competing activities include, but are not limited to, promoting, marketing, or selling products or services that are directly or indirectly similar to or compete with our Apps.
6. Liability and Indemnification
6.1. Axerty LLC shall not be liable for any damages, direct or indirect, arising from the use of our Apps or their malfunction.
6.2. You agree to indemnify, defend, and hold harmless Axerty LLC from any claims, damages, or losses arising from your promotion of our Apps, including but not limited to claims related to copyright infringement, defamation, or unlawful advertising practices.
7. Data Privacy
7.1. As an affiliate, you may have access to certain data related to customers or users obtained through your promotional efforts. You agree to comply with all applicable data privacy laws, including but not limited to GDPR, CCPA, and any other regional data protection regulations.
7.2. You are prohibited from collecting, storing, or using personal data of users or customers obtained through our Program for any purpose other than promoting our products, and only as permitted by law.
8. Brand Usage and PPC Bidding
8.1. You are not authorized to use Axerty LLC’s brand name, trademarks, or any associated intellectual property without our prior written consent. This includes using our name in your own domain names, business names, or social media handles.
8.2. You are strictly prohibited from bidding on keywords or purchasing advertising that competes with Axerty LLC in pay-per-click (PPC) campaigns, marketplaces such as Shopify, or any other online or offline advertising platforms.
9. Modification of Agreement
9.1. Axerty LLC reserves the right to modify or amend this Agreement at any time without prior notice. Any changes will be communicated via email or through our website.
9.2. Your continued participation in the Program following any modifications constitutes your acceptance of the updated terms.
10. Governing Law
10.1. This Agreement shall be governed by and construed in accordance with the laws of [Insert Jurisdiction]. Any disputes arising from this Agreement will be subject to the exclusive jurisdiction of the courts in Wyoming USA.
By participating in the Axerty LLC Affiliate Program, you agree to abide by the above terms and conditions.
This Agreement ensures that Axerty LLC has full control over the Program, with clauses that cover non-compete, non-disparagement, and liability, while addressing brand usage and privacy. If you’d like to adjust anything, feel free to let me know!