Terms & Condition
By joining the Earn2Direct Affiliate Program, you agree to these legally binding terms that govern our partnership, outlining your responsibilities, our obligations, payment terms, and limitations of liability.
EARN2DIRECT TERMS AND CONDITION
This Affiliate Program Operating Agreement (the “Agreement”) governs your participation as an affiliate (the “Affiliate” or “you”) in the Earn2Direct Affiliate Program (the “Affiliate Program”) operated by Earn2Direct (“Earn2Direct” or “we”). By submitting an application to become a Earn2Direct affiliate or participating in any Earn2Direct affiliate offer (an “Offer”), you acknowledge that you have read, understood, and agree to be bound by the terms and conditions outlined in this Agreement. Each Offer may relate to a Earn2Direct offering or a third-party client (each a “Client”) and may link to a specific website for that Offer (the “Program Website”). Additional terms and conditions specific to an Offer may be provided within the Affiliate Program interface and are incorporated into this Agreement.
Enrollment in the Affiliate Program
To become a Earn2Direct Affiliate, you must complete and submit the Affiliate Program application available on our website. You agree to provide accurate and complete information in your application and to update this information as needed. You shall not use any aliases or methods to obscure your true identity or contact information. We will review your application and notify you of our decision regarding your acceptance, typically within two (3) business days. Acceptance into the Affiliate Program is at our sole discretion and may be granted or denied for any reason.
Obligations of Earn2Direct
Upon acceptance into the Affiliate Program and your continued adherence to the terms of this Agreement, Earn2Direct agrees to the following:
We will provide you with graphic and textual links to the Program Website and/or other promotional materials (collectively, the “Links”) through the Affiliate Program interface. You may display these Links on websites you own or control, in emails you send (clearly identified as originating from you), and in online advertisements (collectively, “Media”). These Links will identify you as a participant in our Affiliate Program and create a connection from your Media to the Program Website.
For each “Qualified Action,” you will earn a commission (the “Commission”). A “Qualified Action” is defined as a genuine individual who:
(i) accesses the Program Website directly through the Link, where the Link is the last link clicked before arriving at the Program Website;
(ii) is not a computer-generated user, such as a bot, spider, script, or any other automated, artificial, or fraudulent method designed to mimic a real person;
(iii) does not use pre-populated fields during any required action;
(iv) completes all required information for the specific Offer within the timeframe specified by Earn2Direct; and
(v) is not subsequently determined by Earn2Direct to be fraudulent, incomplete, unqualified, or a duplicate.
Commissions earned will be paid to you on a monthly basis, provided your account balance is at least $50 (USD). If your balance is below $50 (USD), it will be carried over to the following month and continue to roll over until the $50 (USD) threshold is met. Earn2Direct reserves the right to debit your account for any previously paid Qualified Actions that are later found not to have met the criteria of a Qualified Action.
Minimum payout thresholds for different payment methods are as follows:
PayPal: $100 (USD)
Bank Wire (SWIFT/ACH): $500 (USD)
Payoneer: $100 (USD)
Payout fees charged by Earn2Direct are as follows:
PayPal: No fees
Bank Wire (SWIFT/ACH): $45 (USD) for payments under $1000 (USD); no fees for payments of $1000 (USD) or more.
Payoneer: No fees
Please note that individual payment services may impose their own internal fees, which are your responsibility.
Payment of Commissions is contingent upon Earn2Direct receiving the corresponding funds from its Clients. Therefore, you agree that Earn2Direct shall only be liable to you for Commissions to the extent that Earn2Direct has received these funds from the Clients. You hereby release Earn2Direct from any claim for Commissions if Earn2Direct has not received the necessary funds from the Clients.
Earn2Direct will automatically generate an invoice on your behalf for all payable Commissions under this Agreement and will remit payment to you based on this invoice. All tracking of Links and the determination of Qualified Actions and Commissions are at the sole discretion of Earn2Direct. If you have a good faith dispute regarding any part of an invoice, you must submit a written dispute with sufficient detail to Earn2Direct within thirty (30) days from the invoice date. Failure to dispute the invoice within this timeframe constitutes your irrevocable waiver of any claims related to that invoice. If you also track Qualified Actions and identify a discrepancy, you must provide Earn2Direct with your reports within three (3) days after the 30th day of the calendar month. If your reported statistics and Earn2Direct’s statistics differ by more than 10%, and Earn2Direct reasonably determines that you have used generally accepted industry methods for tracking Qualified Actions, both parties will make a good faith effort to reconcile the figures. If reconciliation is not possible, Earn2Direct’s numbers shall be considered the governing figures.
The payable amount on an invoice is determined based on the currency exchange rate in effect on the date the invoice is generated. For invoices in currencies other than USD, the USD equivalent will be calculated using this exchange rate.
To receive payment, you must provide your preferred payment method and the appropriate tax form (W-8BEN or W-9). If this information is not provided by the invoice generation date, your balance will be rolled over to the next month and will continue to roll over monthly until the required payment method and tax form are submitted.
If you have any outstanding balance owed to Earn2Direct under this Agreement or any other agreement between you and Earn2Direct, regardless of its relation to the Affiliate Program, you agree that Earn2Direct may offset these amounts against any Commissions payable to you under this Agreement.
Obligations of the Affiliate
As a Earn2Direct Affiliate, you also agree to the following:
You are solely responsible for the development, operation, maintenance, and all content on or linked to your Media.
You must ensure that all materials displayed on your Media or used in connection with the Affiliate Program:
(i) are lawful;
(ii) do not infringe upon the intellectual property or personal rights of any third party; and
(iii) do not contain or link to any material that is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (based on sex, religion, race, ethnicity, nationality, disability, or age), promotes illegal activities (such as gambling where prohibited), contains profanity, or otherwise includes materials that Earn2Direct deems objectionable (collectively, “Objectionable Content”).
You shall not make any representations, warranties, or other statements concerning Earn2Direct or any Client, or their respective products or services, except as explicitly authorized in writing by Earn2Direct.
Your Media must not replicate the look and feel of the Program Website or create the impression that your Media is endorsed by or affiliated with Earn2Direct or its Clients, or is part of the Program Website, without our prior written consent.
You agree to comply with all (i) obligations, requirements, and restrictions outlined in this Agreement and (ii) all applicable laws, rules, and regulations related to your business, your Media, or your use of the Links.
You must adhere to the terms, conditions, guidelines, and policies of any third-party services you use in connection with the Affiliate Program, including but not limited to email providers, social networking services, and ad networks.
You must always prominently display and make accessible to end-users, prior to any collection of personally identifiable information, a privacy policy that complies with all relevant laws. This policy must clearly and comprehensively disclose all information collection, use, and sharing practices, including the collection of personally identifiable information in connection with the Affiliate Program and its provision to Earn2Direct and Clients for their intended use.
You must always prominently display and make accessible to end-users any terms and conditions associated with an Offer as provided by Earn2Direct or the Client, or as required by applicable laws regarding such Offers.
You are prohibited from placing Earn2Direct ads on any online auction platform (e.g., eBay, Amazon).
You agree to resolve any conflict situations between Earn2Direct and yourself only through Earn2Direct’s authorized managers and to refrain from using any public websites, groups, chats, portals, networks, or social media platforms for such purposes.
Additional Program-Specific Terms
The following additional terms apply to specific promotional programs as outlined below:
- Email Campaigns:
For all email campaigns, you must download the “Suppression List” available in the Offers section of Earn2Direct. You are required to filter your email list by removing any addresses present on the Suppression List and are only permitted to send emails to the remaining addresses. While Earn2Direct will include an opt-out mechanism in all Links, if any opt-out requests are sent directly to you, you must immediately forward them to Earn2Direct at support@earn2direct.com. Your emails containing the Links may only include the Links themselves, except where additional content is required by applicable law. You acknowledge that failure to download and apply the Suppression List before sending emails may result in Commission withholdings, removal or suspension from all or part of the Affiliate Program, potential legal action, and any other rights or remedies available to Earn2Direct under this Agreement or otherwise. You further agree not to mail or market to any suppression files generated through the Earn2Direct network, as doing so may lead to the same consequences. - Advertising Campaigns:
Unless explicitly agreed upon in writing by Earn2Direct, Links may not appear to be associated with or positioned on chat rooms or bulletin boards. Any pop-ups/unders used for the Affiliate Program must be clearly identified as Affiliate-served in the title bar of the window. Any client-side ad serving software you use must only be installed on an end-user’s computer if the software’s function is clearly disclosed to end-users before installation, the installation is based on an affirmatively accepted and plain-English end-user license agreement, and the software can be easily removed using generally accepted methods. - Affiliate Network Campaigns:
If you operate your own affiliate network (the “Network”), you agree to place the Links within your Network for access and use by your affiliates (each a “Third-Party Affiliate”). You agree to explicitly prohibit any Third-Party Affiliate from modifying the Links in any way. You must maintain your Network according to the highest industry standards and shall not permit any Third-Party Affiliate whose website or business model involves Objectionable Content. All Third-Party Affiliates must be in good standing with you. You must require and confirm that all Third-Party Affiliates affirmatively accept this Agreement, through verifiable means, before accessing the Links. You are obligated to promptly terminate any Third-Party Affiliate who takes, or could reasonably be expected to take, any action that violates the terms of this Agreement. If either party suspects any wrongdoing by a Third-Party Affiliate regarding the Links, you must immediately disclose the identity and contact information of that Third-Party Affiliate to Earn2Direct. Upon written notice from Earn2Direct, you shall promptly remove any Third-Party Affiliate from the Affiliate Program and terminate their access to future Offers of Earn2Direct within your Network. Unless Earn2Direct has been provided with all truthful and complete contact information for a Third-Party Affiliate and that Third-Party Affiliate has affirmatively accepted this Agreement as recorded by Earn2Direct, you will remain liable for all actions or omissions of any Third-Party Affiliate.
Confidentiality
Except as explicitly provided in this Agreement or with the written consent of Earn2Direct, you agree that all information, including but not limited to the terms of this Agreement, business and financial details, customer and vendor lists, and pricing and sales information, concerning Earn2Direct or any of its affiliates, provided by or on their behalf, shall be treated as strictly confidential and secret. You shall not use this information, directly or indirectly, for any purpose other than your participation in the Affiliate Program, except to the extent that such information is generally known or publicly available through a source other than you. You shall not use any information obtained from the Affiliate Program to develop, enhance, or operate a service that competes with the Affiliate Program, or assist any other party in doing so.
Limited License & Intellectual Property
Earn2Direct grants you a non-exclusive, non-transferable, revocable right to use the Links and to access our website through the Links solely in accordance with the terms of this Agreement. This right is granted for the sole purpose of identifying your Media as a participant in the Affiliate Program and to aid in increasing sales through the Program Website.
You are prohibited from altering, modifying, manipulating, or creating derivative works of the Links or any Earn2Direct graphics, creative materials, copy, or other materials owned by or licensed to Earn2Direct in any way. Your right to use the Links is contingent upon your continued good standing as a member of the Affiliate Program. We reserve the right to revoke your license at any time upon written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of Earn2Direct’s trademarks, service marks, copyrights, patents, or trade secrets. You agree that Earn2Direct may utilize any suggestion, comment, or recommendation you provide without any obligation to compensate you. All rights not explicitly granted in this Agreement are reserved by Earn2Direct.
Earn2Direct may terminate this Agreement without prior notice if your Earn2Direct account remains inactive for six (6) consecutive months or longer. “Inactive” is defined as your account not generating any activity, such as clicks or conversions, during that period.
Remedies
In addition to any other rights and remedies available to us under this Agreement, Earn2Direct reserves the right to delete any actions submitted through your Links and to withhold and freeze any unpaid Commissions or charge back paid Commissions to your account if: (i) Earn2Direct determines that you have violated this Agreement; (ii) Earn2Direct receives any complaints about your participation in the Affiliate Program that Earn2Direct reasonably believes constitute a violation of this Agreement; or (iii) any Qualified Action is later found not to have met the requirements specified in this Agreement or within the Affiliate Program. Such withholding, freezing, or chargebacks may occur regardless of whether the Commissions were earned as a result of the breach. In the event of a material breach of this Agreement, Earn2Direct reserves the right to disclose your identity and contact information to relevant law enforcement or regulatory authorities or any third party directly harmed by your actions.
Anti-Spam Policy
You must strictly adhere to all applicable anti-spam laws and regulations. All emails sent in connection with the Affiliate Program must include a clear and functional opt-out link for the recipient. Earn2Direct may, from time to time, request that you submit the final version of any email containing Links or referencing the Affiliate Program to your designated Earn2Direct representative for written approval prior to sending. Upon receiving written approval, you may then transmit the email to third parties.
It is solely your responsibility to ensure that all emails comply with applicable anti-spam laws. You agree not to rely on Earn2Direct’s approval of your email as assurance of compliance, nor shall you assert any claim of compliance based on such approval.
Fraud
You are expressly prohibited from using any individuals, means, devices, or arrangements to engage in fraudulent activities, violate any applicable laws, interfere with other affiliates, falsify information related to referrals through the Links, the generation of Commissions, or exceed your authorized access to the Affiliate Program. Prohibited acts include, but are not limited to, using automated methods to inflate clicks on the Links or the completion of required information, employing spyware, using stealware, cookie-stuffing, and any other deceptive acts or click-fraud techniques. Earn2Direct shall have the sole discretion in determining what constitutes fraudulent activity.
In the event your Affiliate account is terminated due to fraudulent activity, all unpaid balances will be forfeited.
Representations and Warranties
You represent and warrant that this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms, and that you possess the authority to enter into this Agreement. Subject to the other terms and conditions of this Agreement, Earn2Direct represents and warrants that it will not knowingly violate any law, rule, or regulation applicable to its own business operations or proprietary products or services.
Modifications
In addition to any other permitted form of notice under this Agreement, Earn2Direct may modify any of the terms and conditions of this Agreement at any time by providing you with notification via email. These changes will become effective ten (10) business days after the date of such notice. If you find the modifications unacceptable, you may terminate this Agreement without penalty solely due to such termination within this ten (10) business day period. Your continued participation in the Affiliate Program after ten (10) business days following the posting of a change notice will constitute your acceptance of the modified terms. Furthermore, Earn2Direct may change, suspend, or discontinue any aspect of an Offer or Link, or remove, alter, or modify any tags, text, graphic, or banner ad associated with a Link. You agree to promptly implement any request from Earn2Direct to remove, alter, or modify any Link, graphic, or banner ad you are using as part of the Affiliate Program.
Independent Investigation
You acknowledge that you have carefully read this Agreement and fully understand and agree to all of its terms and conditions. You have independently evaluated the benefits and risks of participating in the Affiliate Program and each Offer and are not relying on any representation, guarantee, or statement other than those explicitly set forth in this Agreement or within the Affiliate Program interface.
Mutual Indemnification
You agree to indemnify, defend, and hold harmless Earn2Direct and its Clients, as well as their respective subsidiaries, affiliates, partners, licensors, directors, officers, employees, owners, and agents, from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to: (i) any breach or failure by you to comply with any term, representation, warranty, covenant, restriction, or obligation under this Agreement; (ii) any improper or unauthorized use by you, or by any party under your reasonable control or gaining access through you, of the Links, Offers, or the intellectual property of Earn2Direct or its Clients; or (iii) any claim related to your Media, including but not limited to its content (excluding the Links provided by Earn2Direct).
Earn2Direct agrees to indemnify, defend, and hold harmless you and your subsidiaries, affiliates, partners, and their respective directors, officers, employees, owners, and agents from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs) based on a claim that Earn2Direct was not duly authorized to provide you with the Links.
Disclaimers
THE EARN2DIRECT AFFILIATE PROGRAM AND LINKS, AND ALL RELATED PRODUCTS AND SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY STATED HEREIN, EARN2DIRECT HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EARN2DIRECT DOES NOT WARRANT THAT THE AFFILIATE PROGRAM OR LINKS WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT THEIR OPERATION WILL BE COMPLETELY ERROR-FREE OR UNINTERRUPTED. EARN2DIRECT EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A CLIENT OR THEIR PRODUCTS OR SERVICES. EARN2DIRECT DOES NOT GUARANTEE THAT YOU WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS THROUGH THE AFFILIATE PROGRAM.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EARN2DIRECT BE LIABLE FOR ANY UNAVAILABILITY OR MALFUNCTION OF THE LINKS, PROGRAM WEBSITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF DATA, OR OTHER INJURY, DAMAGE, OR DISRUPTION OF ANY KIND BEYOND EARN2DIRECT’S REASONABLE CONTROL. FURTHERMORE, IN NO EVENT WILL EARN2DIRECT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT EARN2DIRECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EARN2DIRECT’S TOTAL CUMULATIVE LIABILITY TO YOU, FOR ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE TOTAL AMOUNTS PAID TO YOU BY EARN2DIRECT IN COMMISSIONS DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM AROSE.
Governing Law & Miscellaneous
You shall be responsible for the payment of all attorneys’ fees and expenses incurred by Earn2Direct to enforce the terms of this Agreement. This Agreement constitutes the entire agreement between Earn2Direct and you concerning the subject matter herein and supersedes all prior and contemporaneous agreements or understandings, whether written or oral. You agree that Earn2Direct shall not be subject to or bound by any affiliate insertion order or online terms and conditions that amend, conflict with, or supplement this Agreement, regardless of any “click-through” or other indication of acceptance by Earn2Direct. You may not assign all or any part of this Agreement without the prior written consent of Earn2Direct. Earn2Direct may assign this Agreement at any time upon providing notice to you. This Agreement shall be binding upon and inure to the benefit of the legal representatives, successors, and permitted assigns of both parties. The provisions of all Sections and any accrued payment obligations shall survive the termination of this Agreement. Except as provided in the “Modifications” section above, this Agreement may not be modified without the prior written consent of both parties in writing. If any provision of this Agreement is held to be void, invalid, or inoperative, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid portion shall be deemed modified to the minimum extent necessary to remedy such invalidity while preserving the original intent of the parties. The relationship between Earn2Direct and you is that of independent contractors, and nothing in this Agreement shall be construed to create a partnership, joint venture, association, or employment relationship between the parties. No course of dealing or any delay in exercising any rights under this Agreement shall operate as a waiver of such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.
By submitting an application to the Affiliate Program, you affirm and acknowledge that you have read this Agreement in its entirety and agree to be legally bound by all of its terms and conditions. If you do not agree to be bound by this Agreement, you should not submit an application to the Affiliate Program. If an individual is accessing this Agreement on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to this Agreement.
Contact Us
If you have any questions regarding this Privacy Policy or would like more information on our privacy practices,
please contact us at: support@earn2direct.com.