The purpose of the SourceMogul affiliate programme is to reward Affiliates for any new customers that they refer to SourceMogul by properly advertising the www.sourcemogul.com domain through legitimate methods.
By signing up you agree to abide by the terms and conditions detailed in this Agreement.
This Agreement contains the complete terms and conditions that apply to your participation as a member of the SourceMogul Affiliate Programme. This Agreement constitutes the entire agreement between SourceMogul and the Affiliate and any pre-existing agreement or arrangement between SourceMogul and the Affiliate shall be terminated forthwith upon completion of this Agreement, save that any outstanding commissions owed to you prior to the revocation of your affiliate status will be credited to the Affiliate’s account and can be used to purchase SourceMogul products or services.
Your Acceptance of these terms and conditions will be indicated by clicking on the ‘start earning now’ icon.
“this Agreement” shall mean the contents of the contract between SourceMogul and the Affiliate in respect of the Programme.
“SourceMogul” shall mean X4 Software Limited of (Company No. 08632251), whose registered office is at Britannia House, Caerphilly Business Park, Caerphilly, Mid Glamorgan, CF83 3GG.‘the Site’ shall mean www.sourcemogul.comwebsite.
‘the Programme’ shall mean the affiliate Programme as set out on the Site and that is governed by this Agreement.
‘the Link’ shall mean the HTML link provided from time to time by SourceMogul to link the Affiliate’s website to the Site.
‘the Affiliate’ shall mean the party who agrees to take part in the Programme.
2.1) The Programme shall be the affiliate programme as set out on the Site from time to time.
2.2) SourceMogul is entitled to vary, amend or cancel the Programme without giving notice to the Affiliate. SourceMogul may make any such change by publishing any revised terms on the Site.
2.3) The Programme is expressly a business-to-business relationship and both SourceMogul and the Affiliate enter into it in a business capacity and not as a consumer.
2.4) The Programme does not entitle the Affiliate to represent themselves as an agent, partner or any other form of associate of SourceMogul other than as an Affiliate as expressly provided for in this Agreement.
3.1) SourceMogul reserves the right to terminate this Agreement and the Affiliate’s status at any time for any reason whatsoever at its sole discretion.
3.2) In particular if SourceMogul deems that the Affiliate’s website is inappropriate for the Programme then this Agreement shall be terminated. The Affiliate’s website may be deemed inappropriate if in the view of SourceMogul it contains, promotes or contains links to sites that are:
3.3) discriminatory, sexually explicit or violent material, or
3.3) promote, depict or contain links to material that promote or depict discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age, or
3.4) contains unlawful material, this shall include but not be limited to materials that may possibly violate another’s intellectual property rights, or
3.5) contains information regarding, promotes or links to a site that provides information or promotes illegal activity, or
3.6) for any other reason that is deemed by SourceMogul (at its sole discretion) to be unsuitable.
3.7) Upon Clicking on the ‘start earning now button’ you are automatically accepted on the Programme. SourceMogul reserves the right to withdraw Affiliate status at anytime after you have been accepted onto the Programme for any reason that SourceMogul deems relevant. Acceptance into the Programme does not mean that SourceMogul has specifically approved the Affiliate or its website.
4.1) In order to receive commission’s for referring customers to SourceMogul, the Affiliate must engage in proper advertising. Affiliates found to be engaging in improper advertising shall have their agreement terminated and their affiliate status revoked. SourceMogul shall be the sole and absolute arbiter of what constitutes proper advertising.
4.2) A non-exhaustive list of examples of improper advertising shall include but not be limited to:
4.2.1) the forwarding of any urls direct to www.sourcemogul.com (this includes misspells of the above trademark domain); and
4.2.2) forcing cookies through iframes;
4.2.3) advertising through third party networks; with the exception arising from Clause 4.3 below;
4.2.4) brand bidding (including misspells) for PPC advertising;
4.2.5) including your SourceMogul affiliate link within Unsolicited Commercial Email (UCE) or SPAM;
4.2.6) including any of SourceMogul url in search adverts.
4.3) Affiliates are permitted to promote SourceMogul through various social media communities, as a limited exception to Clause 4.2.3 above. However, Affiliates are not permitted to create groups or specific web pages in social communities whereby they purport or hold themselves out to be representatives of SourceMogul.
4.4) SourceMogul reserves the right to conclude that you have engaged in an improper method of advertising according to our standards, at our sole discretion. We may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief and is without any duty on SourceMogul to prove that our opinion or suspicion is well-founded; and even if our opinion is proven not to be well-founded or if other hosting/domain name companies have not deemed it to be an improper method of advertising.
4.5) Any Affiliate found to be adopting improper methods of advertising for the purpose of the Programme shall be deemed to have been in breach of this Agreement and shall have their Affiliate status revoked. Such an Affiliate will therefore immediately cease in being an Affiliate of SourceMogul.
4.6) Any sales that have been generated through improper advertising will not qualify for commission or credit from SourceMogul.
4.7) Any Affiliate found to be utilising these or any other improper methods of advertising may be required to pay back any such commission that has been paid by SourceMogul to them. If SourceMogul elects not to enforce this right it shall not be deemed to be a waiver of any other rights that it may have under this Agreement.
5.1) Subject to the terms of this Section, we will provide to you all Links, and any related banners, graphics, or text advertisements necessary to promote and offer the SourceMogul Services to your site’s visitors and/or its members. The SourceMogul link may contain any picture, text, logo, graphic, that maybe be attributed with SourceMogul.
5.2) SourceMogul reserves the right to change the content and or display of the Link from time to time in our sole discretion. The link will connect your site with the area on our site (the landing page) where your referral may apply for SourceMogul products directly with us. The presence of the SourceMogul link on your site will serve to identify you as a member of our Affiliate Programme.
6.1) Once a customer has arrived at our website having followed the Link, their actions on our website will be tracked for 45 days using a cookie. You will earn commission on their first order that is placed during the 45 day period. SourceMogul will not be responsible for commissions missed due to the cookie being deleted or blocked or in any other way failing to track the customer from the Link.
6.2) Affiliates will only earn commission fees only with respect to activity on our site occurring directly through the Link that will appear on their website.
6.3) SourceMogul is under no obligation whatsoever to pay any commission to any Affiliate who does not strictly follow this Agreement as published from time to time.
6.4) SourceMogul reserves the right to take legal action against any Affiliate that commits fraud, or conspiracy to defraud and to recover any commissions paid to an Affiliate which was earned as a result of such fraud. For the purposes of this agreement fraud shall include but not be limited to wittingly violating the terms of this Agreement.
6.5) SourceMogul will only make a payment to the Affiliate when the level of commission due at the end of a given calendar month is above the commission balance threshold.
6.6) the commission balance threshold for the purpose of this agreement is $100.
6.7) SourceMogul reserves the sole right to change the commission balance threshold at any time it sees fit without the prior the consent of its affiliates. In the event of a commission balance threshold change SourceMogul shall notify all its affiliates of the change before hand. If any modification to the commission balance threshold or the Agreement as a whole is not acceptable to an Affiliate, the Affiliate shall be entitled to terminate this Agreement. If an Affiliate terminates this Agreement for any reason whatsoever then it shall not be entitled to any commission payments earned after it has terminated this Agreement.
6.7) The Affiliate’s continuing participation in the Programme constitutes its acceptance of any change to the commission balance threshold or to any other part of this Agreement.
6.8) Affiliates that exceed the commission balance threshold will automatically be sent a cheque each month. Affiliates that do not exceed the commission balance threshold can apply their balance as credit and use it for the renewal of their SourceMogul accounts or use this credit to purchase new SourceMogul products or services.
6.9) Affiliates that do not reach the $100 commission balance threshold in one calendar month will not lose their accrued commission, instead this commission can be used as a credit. Their accrued credit for that particular calendar month will be carried over and applied to the next calendar month, this process shall continue until the client reaches the commission balance threshold when they will be entitled to receive a payment from SourceMogul.
6.10) SourceMogul will only pay out commissions on sales that are at least 30 days old. Commissions for sales over 30 days old will be paid once the $100 threshold is reached.
6.11) Affiliates will be paid by PayPal. Payments will only be made by other methods if this agreed in writing, and is only considered on a case-by-case basis.
6.12) In the event that an affiliate has not received their payment after 28 days, SourceMogul will investigate the matter and at its sole discretion payments may be reissued if an error is found to have been made.
6.13) Affiliates will be paid Commissions for every qualfying purchase made by the referred customer, for the lifetime of the customer. Commissions will not be not paid after a cancellation, but will resume if the Customer account is reactivated. SourceMogul will not pay commission for products that an Affiliate purchases for itself through the Link. The SourceMogul system will simply not recognise this as an Affiliate sale. Web agencies or resellers purchasing domains or products through their account for other people are encouraged to contact SourceMogul directly for information on how they can become eligible for commission.
6.14) The rates of commission payable to the Affiliate from time to time shall be published on the Site and is available for inspection withing the affiliate dashboard. Commission structures may be amended or varied by SourceMogul at any time without reference to the Affiliate. Any revised rates of commission payment shall take effect from the day that the amended commission is published on the site.
6.15) Commission is not payable on self-referrals i.e. user accounts that are owned by the affiliate themselves. Any attempt to use the affiliate program as a discount method for own accounts will result in a permanent ban for both the user account, and the affiliate account, and any future commissions will be forfeited.
6.16) In the event of system error or user error on our part, where the Commission amounts are calcuated incorrectly, we reserve the right to manually adjust affiliate Commissions before payout.
SourceMogul agrees to undertake the following obligations:
7.1) provide all information necessary to allow the Affiliate to make necessary the Link from the www.sourcemogul.com to the Affiliate’s site,
7.2) processing all orders for SourceMogul products or services placed by a referral following the Link,
7.3) tracking the number and amount of relevant sales generated through the Link,
7.4) providing information to you regarding commission payments,
7.5) credit card authorisations, payment processing, cancellations, returns, and all other related customer service for SourceMogul for the purpose of our business, and
7.6) establishing the commission balance threshold, payment frequency and payouts of earned commissions as contained in Section 6 of this Agreement.
The Affiliate agrees to be solely responsible for the following and shall keep SourceMogul fully indemnified in respect of:
8.1) the content of the Affiliate’s site or any site that they may be connected to,
8.2) any misrepresentation of SourceMogul or its products or services,
8.3) making of any false claims, representations or warranties in connection with SourceMogul,
8.3) ensuring that your site and your products and services that you offer from your site comply with all applicable copyright, trademark, any intellectual property right, Data Protection, anti-spam or any other applicable law,
8.4) obtaining permission to use another party’s copyrighted or any other proprietary material,
8.5) the development, operation and maintenance of the Affiliate’s site and for all materials that appear on it. For the purposes of this Agreement this shall include but not be limited to, the technical operation of your site and all related equipment; the accuracy and propriety of materials posted on your site; and ensuring that materials posted on your Site do not violate or infringe upon the rights of any third party and are not libellous or otherwise unlawful or illegal. SourceMogul hereby disclaim all liability for all such matters,
8.6) Affiliates also agree to indemnify and hold harmless SourceMogul, its parent company, sister companies, subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses, and costs insofar as such arise out of or are based on, or in any way connected with this Agreement.
8.7) complying with all applicable EU- and national laws and regulations in force from time to time this shall include, but not be limited to, the EU-directive 2002/58/EC, and
8.8) the payment of all tax and national insurance payable on any payments made to you by SourceMogul.
9.1) Affiliates shall not create, publish, distribute, or permit any written or graphical material that makes reference to SourceMogul other than those mentioned in this Agreement or otherwise provided by SourceMogul, without the prior written consent of SourceMogul. SourceMogul reserves the right to refuse any request for consent under this Agreement.
10.1) SourceMogul grants to the Affiliate a non-exclusive, non-transferable, revocable right to access the www.sourcemogul.com site through the Link solely in accordance with the terms of this Agreement. This license shall be used solely in connection with the Link, and it will extend to the use of our logos, trade names, trademarks and similar identifying material relating to SourceMogul and which SourceMogul shall provide to the Affiliate, for the sole purpose of establishing the Link to www.sourcemogul.com so customers can purchase SourceMogul products and services.
10.2) Affiliates cannot modify or change the Link or any other materials provided by SourceMogul in any way.
10.3) Other than establishing the Link, the Affiliate shall not make any use of any of the licensed materials noted in the aforementioned paragraph provided by SourceMogul without first obtaining the prior written consent of SourceMogul. Affiliates shall not use the Licensed Materials in any manner that is inappropriate or that is in any way detrimental to the SourceMogul brand or any other brands.
10.4) SourceMogul reserves all of its rights in the materials provided and all of its other proprietary rights. SourceMogul shall be entitled to revoke this license to use the Link or the materials at any time and at its sole discretion.
10.5) The licenses described in this Section shall expire upon the termination of this Agreement.
10.6) Any inappropriate use of the Link, text, banners or other advertisements not expressly approved of in writing or provided by SourceMogul may be cause for immediate termination of this Agreement.
11.1) The terms of this Agreement will begin upon your signup with the Programme and will end when your affiliate account is terminated.
11.2) Upon the termination of this Agreement any eligible commissions remaining in the affiliate account will be paid in full, once checks have been completed, and with reference to point 6.3 of this agreement.
12.1) SourceMogul reserves the right to modify or otherwise change the terms of this Agreement at any time as it sees fit. SourceMogul shall make such modifications by way of publishing revised terms on the Site. Affiliates only remedy in the event of revised terms of this Agreement being published shall be to terminate this Agreement. An Affiliate shall be deemed to have accepted of any modification to this Agreement as published from time to time.
13.1) SourceMogul shall not be liable to the Affiliate or to any other person, for indirect, incidental, or special damages, lost profits, loss of goodwill, lost savings, or any other form of consequential damages, regardless of the form of action, even if SourceMogul has been advised of the possibility of such damages, whether resulting from breach of its obligations under this Agreement or otherwise.
13.2) SourceMogul’s entire liability in respect of any liability arising under this agreement will not exceed the total commission fees paid or payable to the Affiliate under this Agreement.
13.3) SourceMogul makes no warranties, either express or implied, concerning the performance or functionality of the SourceMogul services, or the Programme as a whole. This includes but is not limited to the Link or any other affiliate advertisements and hereby expressly disclaims all implied warranties, including warranties of merchantability or fitness for a particular use or purpose.
13.4) SourceMogul shall under no circumstances be liable to the Affiliate or to any other person or entity for any loss, injury, or damage, of whatever kind, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission, or storage of any messages or information arising out of or in connection with the Programme or SourceMogul.
14.1) This Agreement is governed by, and is construed in accordance with the laws of England and Wales.
14.2) The Courts of England and Wales shall have jurisdiction to hear any disputes arising from this Agreement.
14.3) SourceMogul shall not be liable for the legality of SourceMogul service in countries other than the United Kingdom.
14.4) Affiliates are solely responsible for the legality of the use of the service if the Affiliate in question is registered to SourceMogul service from a country other than the United Kingdom or if the Affiliate’s website is on a server in a country other than the United Kingdom.
15.1) By signing up the Affiliate acknowledges that they have read the terms and conditions of this Agreement, understand them and agree to be bound by them.