These terms apply to participants in the My Expat Network Affiliate Program (the "Program").
These terms explain how My Expat Network operates its Affiliate Program and the various ways that you are permitted to take part in this Program. Please read these terms carefully before joining the Affiliate Program. By joining or taking part in the Program, you indicate that you accept these terms and that you agree to abide by them. You will be required to confirm your participation when registering to join the Program at www.My Expat Network.com/affiliate
1. What is My Expat Network, what are its terms & conditions and what is the Affiliate Program?
My Expat Network and the Affiliate Program are both operated by My Expat Network Ltd. We are a company registered in Hong Kong under company number 1571298.
The Affiliate Program allows any individual or company to earn referral commission from referring customers to my-expat-network.com ("our website"). Referral commission will be generated when a new customer, referred by an affiliate, purchases a package plan to use our services (i.e. a "Subscription"). This referral commission becomes valid when the invoice is marked as paid and approved by the backend.
- Names and IP addresses
- Operating systems
- Operational logs
2. Enrolment in the Affiliate Program
By joining the Affiliate Program, you confirm that:
- You are legally capable of entering into binding contracts.
- You will provide accurate and complete Registration Data and that you shall inform us of any changes in your Registration Data.
- If you are acting for an organization (such as a company or a partnership), you are authorized to enter into these terms for and on behalf of that organization (in which case, references in these terms to "you" are to that organization, and not you personally)
- You are not located in the following countries: Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo, Democratic Republic of the Congo, Republic of the Cote d'Ivoire, Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sγo Tomι and Prνncipe, Senegal, Seychelles, Sierra Leone, Somalia, Sudan, Swaziland, Tanzania, The Gambia, Togo, Tunisia, Uganda, Vietnam, Zambia, and Zimbabwe, Burma, Myanmar, Cuba, Iran, North Korea, Sudan, Syria, Ukraine or Russia.
- By accessing and using our site and the services on our site, and taking part in the Program, you are complying with all applicable laws and regulations in the country in which you are located.
We may, at our sole discretion, review your website following your acceptance of these terms, to ensure your compliance with these terms.
We may, at our sole discretion, choose to reject any application for any reason (and are under no obligation to disclose such reasons).
We have the right to suspend or terminate any relationship with us and block your use of our site, if (in our opinion) you have failed to comply with any part of these terms.
You are responsible for ensuring that all persons who participate in the affiliate program from your organisation are aware of these terms, and that they comply with them.
By providing us with your contact details, you agree that we can use these to contact you such as to notify you of activity on our site or on your affiliate account.
3. Our relationship with you
Nothing in these terms shall constitute, or be deemed to create, a partnership between you and us; nor, except as expressly provided, shall it designate, or be deemed to designate, either you or us as the agent of the other for any purpose.
Subject to any express provisions to the contrary in these terms, you shall have no right or authority to enter into any contract, make any representation, give any warranty, incur any liability, assume any obligation, whether express or implied, of any kind on our behalf or bind us in any way.
4. Website Links and Cookies
We shall provide you with materials for linking to our site from our affiliate program manager. These materials will include the HTML code for the link and a selection of graphic files (e.g. banners) to which the HTML code should be applied.
The HTML code, provided by us, must be copied exactly and not altered in any way. Failure to comply with this condition may result in your receiving no credit for sales of subscriptions that are generated through your website.
Under no circumstances may any of the graphic files provided by us be modified in any way without our prior written authorization. You may not use graphic files of your own to link to our site.
All graphic files that we may provide for use as links may be displayed throughout your website as you deem appropriate subject to these Terms. We reserve the right to request the alteration or removal of a link from your website.
You are required to assume full responsibility to maintain all links to our website from your website.
When a customer follows your affiliate link to our site, we place a tracking cookie on that customer's computer or mobile device which will be used to identify that customer as a referral from you, provided that customer creates an account on our site within 90 days (after which the cookie expires). If the customer uses another computer or mobile device to create an account or deletes the tracking cookie before creating the account, then we shall have no liability to pay commission in respect of any such subscription(s) purchased by that customer.
5. Display of Pricing Information
As an affiliate, you are free to display pricing and other information relating to our subscriptions. It is your responsibility to keep such information up-to-date through your own efforts. Although we may inform you prior to any pricing alterations, we have no obligation to do so.
We reserve the right to alter pricing at any time in accordance with our own policies.
We undertake to use our best and reasonable endeavors to process and fulfill all orders for subscriptions placed by referred customers generated by you.
We reserve the right to reject any orders that do not comply with our terms and policies.
It shall be our full responsibility to ensure that all orders are completed and that the provision of services is undertaken in accordance with our customer terms and conditions. We shall be responsible for order entry, payment processing, cancellations and all subsequent customer service. You shall have no further involvement with the customer or the completion of the transactions, and all customers will be made aware of the same.
If your email ID or one of your user’s email ID is already registered in our database, any sale via your Affiliate link will neither be tracked nor commissioned.
7. Promotion of Affiliate links
My Expat Network operates a strict policy on paid search activity. These Terms and Conditions are applicable on any ad platform, including, but not limited to search engines, content networks and social networking advertising placements.
Affiliates are not permitted to bid or appear on brand searches. To avoid any broad-match/extended-match issues, affiliates must add My Expat Network brand terms and misspellings as negative keywords in all paid search activity.
Affiliates are not permitted to bid or appear on extended or hybrid brand searches (for example: ‘My Expat Network VPN’).
Unless explicit permission has been given, affiliates are not allowed to perform direct linking PPC activity to the My Expat Network website.
Affiliates are not permitted to use the brand name (including misspells and variations) as a domain or sub domain, however may use the My Expat Network brand as a sub folder.
NOT permitted: www.myexpatnetwork-vpn.co.uk
NOT permitted: www.myexpatnetwork.affiliatesite.com
8. Sales reporting and payment of referral fees
Full report of all sales of subscriptions generated through your affiliate account with Has Offers. We reserve the right to alter the form and content of such reports without notice.
Our affiliate commission rates are displayed on our site and we may change these rates and our prices at any time without any notice.
We shall send payment to you using Paypal. Our only liability is to send payment using the details provided by you and we shall have no liability for lost payments as a result of details being incorrectly entered by you.
Our default payment currency is US Dollars and our default payment cycle starts from the first and ends on the last day of a month. Commissions would be paid after the billing cycle, between the 15th and 20th of the next month.
PayPal payments will incur a fee of 2% of the total commission payable.
Before making any payments, we reserve the right to review your account to ensure compliance with these terms. We shall have no obligation to make payments to affiliates who are in breach of these terms. Where it is not clear to us how you are referring customers to our service, we will require you to provide to us such information before we make a payment to you.
In the event of any chargeback(s), refunds or cancellations by customers referred by you, your commission shall be cancelled. If we have already paid the relevant commission to you, we shall deduct that amount from our next payment to you. Refunds will be made to customers in accordance with our Refund Policy or at our sole discretion.
Where the rate of chargeback(s), refunds or cancellations on your account is unusually high or we suspect your affiliate account is being used for fraudulent activity, we reserve the right to place restrictions on the your account, including but not limited to, suspending your account and retaining all sums within the account as well as commencing a full investigation. You give us your authorization to inform the appropriate authorities or third parties of any fraud or suspected fraud and only once we are satisfied that the matter is resolved shall we remove any restrictions on your account.
9. Intellectual Property
Unless otherwise expressly indicated, we are the sole and exclusive owners of all intellectual property rights (“IP Rights”) on our site, including but not limited to, all code, text, sound, video, graphics, photographs and other images that form a part of the site.
We shall be the sole and exclusive owners of all IP Rights which may exist in all future updates, additions and alterations to our site.
By admitting you into the Affiliate Program, we grant you a non-exclusive, non-transferrable, royalty-free license to use our trademarks, “My Expat Network” and “Pure VPN” (our “Trademarks”).
You may use our trademarks only to the extent required to establish links and perform your obligations as an Affiliate under these terms (e.g. to illustrate an article or a link). Examples of prohibited activity include placing affiliate links on a website which uses one or more of our trademarks in its domain name (e.g. www.My Expat NetworkDiscount.com) or on a website which could give the impression that it’s operated by us. If you use any videos produced by us, you may not edit such videos or any links embedded within them.
In the event that you wish to use our trademarks for any purposes outside of these terms, you must not do so without our prior written consent, the granting of which shall be at our sole discretion.
By accepting these terms you hereby agree that:
Our trademarks shall remain the property of My Expat Network unless and until we assign those marks to a third party; nothing in these terms shall be deemed to confer any ownership rights in our trademarks on you; and you shall not contest the validity of our trademarks.
By accepting these terms you agree that you shall indemnify us in full against all liability, loss, damages, costs and expenses (including legal expenses) awarded against or incurred or paid by us as a result of, or in connection with: breach of any warranty given by you in relation to your website; any claim that your website infringes the patent, copyright, trade mark or other intellectual property rights of any other person, except to the extent that the claim arises from compliance with any terms stipulated by us; and any act or omission by you or your employees, agents or sub-contractors in performing your obligations under these terms.
We shall not be liable to you for any indirect or consequential loss that you may suffer even if such loss is reasonably foreseeable or if we have been advised of the possibility of such loss being incurred.
11. Term and termination
This agreement will come into force when your application to join the Affiliate Program is approved by us, and shall continue to be binding unless and until either you or us notifies the other in writing that it wishes to terminate this agreement, in which case this agreement will be terminated immediately.
For the purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
Notwithstanding the other provisions of this clause, we may immediately terminate this agreement without notice if we determine, at our sole discretion: that you or any of your referred customers are engaged in fraud or are suspected of being engaged in fraud; that we have doubts in respect of your true identity and that you are unable to provide us with appropriate identification to effectively verify your identity; we have detected that you are located in one of the blocked countries (including if you have used a VPN to bypass our geographic location block on these countries); that any of your activities pose a risk to the integrity of the Program; and/or that you are involved in spreading negative sentiments/views about us.
12. Use of Information
You acknowledge that your personal information (meaning any information about you from which you can be personally identified, such as your name, address, telephone number or email address) may be used by us for the following purposes: to set up and maintain your account with us and Has Offers; and for the provision of the services to which this Program relates; to comply with relevant regulations regarding your registration with us, including verifying the information which you provide to us; to monitor activities in order to detect fraudulent or otherwise unlawful, criminal or improper activities (including money laundering) and breaches of these terms; and to investigate and/or prevent any such activities; to report any such activities to any relevant authorities or other online service providers; to keep you informed of future events, offers and promotions in relation to your account; and to provide you with important information about your account; for any other purpose which is necessary for the performance of our contractual obligations to you, or for enforcing your compliance with your contractual obligations to us.
You hereby consent to the use of your personal information as set out above by us, including the disclosure by us to relevant third parties for such purposes, including but without limiting to: identify and/or age verification agencies, and/or credit checking agencies; relevant authorities, other online service providers, banks, credit card companies, electronic payment providers or other financial institutions, and you hereby agree to cooperate fully with us in respect of any such investigation of activities which it or any such third party may carry out.
Communications: The terms are in English, and any contract and other communication between you and us shall be in English. The law requires that some of the information or communications we send to you is in writing. You accept that communication with us will be mainly electronic, through our site or by e-mail, and that this constitutes written communication.
When contacting you we will use the telephone, e-mail or postal address you provide to us when registering or any replacement to those details that you have entered into your account on our site.
Any official communication or notice from you to us should be sent to our postal and e-mail addresses.
Entire agreement: These terms and the material referred to in the terms: (i) set out the entire agreement between you and us regarding our site and the Program; (ii) supersede all previous or existing representations, agreements or communications between you and us regarding our site or the Program. We will not be bound by any obligation, condition or other provision that is different from or in addition to those set out in these terms unless authorized by one of our directors and specifically stated to be a variation of these terms.
Invalid terms: If any part of these terms is found to be invalid or unenforceable, the remainder of the terms shall not be affected. Transfer of rights and obligations: The contract between you and us (as set out in these terms) is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose off your contract with us, or any of your rights or obligations arising under it, without our prior written approval. We may transfer, assign, charge, sub-contract or otherwise dispose off of our contract with you, or any of our rights or obligations arising under it, at any time.
Delays in enforcement: If we fail to insist upon strict performance of any of your obligations, or if we fail to exercise any of our rights or remedies, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
Laws and disputes: These terms, the formation of the contract between us, use of our site, use of our services, and any dispute or claim arising out of any of them (including non-contractual disputes or claims), are governed by the laws of Hong Kong. All disputes between us shall be decided only by the courts within the Hong Kong, except that we may enforce any judgment anywhere in the world where you may have assets or be located.
My Expat Network shall not be liable under any circumstances for any special, consequential, incidental or punitive damages arising out of or in any way connected with this Agreement and/or any services and products that the you may choose to purchase or use, including but not limited to: damages for lost profits, loss of service use, loss of data, loss of privacy, damages to third parties. This limited liability clause shall apply even if My Expat Network has been notified of the possibility of any claims. In no event shall My Expat Network’s maximum liability exceed the total amount paid by you for the service or the product.