GetRevenue Program Terms and Conditions
This Agreement contains the Terms and Conditions that shall apply to your participation in the GetRevenue Program ("Program"). The GetRevenue Program is a program conducted by GetResponse USA Inc., based in Delaware, USA, with registered office address at 702 West ST STE 101, Wilmington, DE 19801.
Based on this Agreement, the Publisher is allowed to publish and serve through their own website(s) advertisements provided by GetResponse and third parties.
In this Agreement:
"GetResponse" shall mean a company residing in Delaware, USA, with registered office address at 702 West ST STE 101, Wilmington, DE.
"GetRevenue Program", "Program" stands for the program conducted by GetResponse based on which the Partner purchases and serves advertisements in return for commission earned.
"The Publisher" and/or "You/you" shall mean an entity that participates in the GetRevenue Program and is an authorized Publisher for the purpose of purchasing and serving on his/her website(s) advertisements provided by GetResponse and third parties, herein referred to as "Advertisements". The Publisher refers to GetResponse prospective end user email addresses, hereinafter referred to as "End User Email Addresses".
"End User Email Address" shall mean a valid and accepted by GetResponse email address referred by the Publisher through an Advertisement published and served on their website(s).
"Publisher Commission" stands for the commission earned by the Publisher for every end user email address referred by the Publisher through an Advertisement published and served on their website(s) and payable every 30 days.
By accessing the Program, you agree to be bound by this Agreement. Please retain a copy of this Agreement for your records. If you do not agree with the Terms and Conditions of this Agreement, please do not enroll with the Program.
1. Program Participation
To enroll with the GetRevenue Program, the Publisher must fill out the registration form with current, complete, and accurate information. The Publisher is obligated to maintain and promptly update this information to ensure that it is current, complete and as accurate as possible. If there is a need to update this information, the Publisher should use the Publisher panel or contact the Support Department and inform them about the change(s). The Support Department can be reached at: firstname.lastname@example.org.
Providing false information in the registration form will result in immediate termination from the Program and will forfeit all outstanding Publisher Commissions.
All Publishers must be of age and meet all other criteria in the state/province/countryin which they are resident.
The Publisher is not entitled to register to the GetRevenue Program more than once, and any attempt to artificially inflate Publisher Commissions will result in immediate termination of this Agreement and will forfeit all outstanding Publisher Commissions.
GetResponse reserves, at its sole discretion, the right to refuse to anyone participation in the GetRevenue Program at any time.
If GetResponse finds the Publisher to be undertaking any abusive or illegal practices in connection with their participation in the Program and/or to be in violation of the GetRevenue Terms and Conditions, GetResponse will issue a warning. If GetResponse has any reason to believe that the Publisher, despite a warning being given, threatens to continue or is continuing such practices, then GetResponse may take action immediately, including terminating the Service and/or reporting the Publisher and the incident to the appropriate authorities. If GetResponse terminates the Publisher’s participation in the Program, it shall forfeit all outstanding Publisher Commissions.
The Publisher expressly agrees that their participation in the Program is at their sole risk and accepts the fact that any GetResponse Services are provided on an “as is” basis, without guarantees of any kind.
2. GetResponse Obligations
- to pay Publisher Commissions related to the numbers of valid end user email addresses referred via Advertisements published on the Publisher’s website(s).
- to pay Publisher Commission as soon as its amount exceeds the minimal level of USD 50.
- to grant the Publisher access to their Publisher account - login and password-protected area where the Publisher can look up their information about numbers of valid email addresses collected through the Advertisement displayed on the Publisher’s website(s) and Advertisement viewing statistics.
GetResponse shall provide the Publisher with an ability to choose the format and color design of Advertisements from those available on the GetRevenue.com website.
GetResponse shall verify the validity of the end user email addresses referred via Advertisements published on the Publisher’s website(s) in terms of consent to process end user email addresses.
GetResponse shall not accept and shall not pay commission for the email addresses, referred via Advertisements published on the Publisher’s website(s), that do not come directly from the end user, and prohibits:
- using any hardware and/or software and automated engines for collecting email addresses,
- buying email addresses from third parties for the purpose of referring them via Advertisements published on the Publisher’s website(s),
- offering to end users any money and bonuses in return for providing their email addresses to GetResponse via Advertisements published on the Publisher’s website(s),
- attracting end users to provide their email addresses to GetResponse via Advertisements published on the Publisher’s website(s) in any way.
GetResponse is not responsible for anything related to the Publisher’s website(s), including without limitation the receipt of queries from end users of the Publisher’s website(s) or the transmission of data between the Publisher’s website(s) and GetResponse, including the validity of referring, saving, purchasing end user email addresses. In addition, GetResponse shall not be obligated to provide notice to the Publisher in the event that any Advertisement is not being served and displayed properly, or the provision of email addresses referred via Advertisements published on the Publisher’s website(s) is not undertaken properly.
3. Publisher Obligations
The Publisher can purchase and serve GetResponse’s and third parties’ Advertisements on their own website(s) and will receive Publisher Commission for email addresses collected through those purchases.
The Publisher shall receive Publisher Commission only for those email addresses which have been accepted by GetResponse. GetResponse shall accept only those end user email addresses which have been included by its owners and they confirm their subscription to the Advertisements. GetResponse shall not accept as valid any email address which has been included by any third party nor agent, the Publisher himself, or by any hardware and/or software and automated engines.
GetResponse shall have the right to validate and accept end user email addresses collected through Advertisements served on the Publisher’s website.
The Publisher represents and warrants that in fulfilling the obligations under this Agreement, at their sole expense, they:
- are in compliance with all applicable international, national and EU laws and regulations applicable to this Agreement;
- have full and unrestricted power and authority to execute and perform under this Agreement.
The Publisher is an independent contractor and is not an employee of GetResponse or third parties and no joint venture, legal partnership or agency is created by this Agreement.
The Publisher has no authority to act for, or on behalf of, GetResponse and is not authorized to incur any obligation on behalf of GetResponse or to bind GetResponse in any manner whatsoever.
The Publisher shall not commit any act which would reflect unfavourably upon GetResponse. In particular, the Publisher is not allowed to advertise any of GetResponse’s competitors and to undertake any actions that could infringe the good will and reputation of GetResponse.
The Publisher is not allowed to use any hardware or software and any automated engines for the purpose of increasing directly or indirectly the numbers of end user email addresses referred through the Advertisements served on the Publisher’s website. The Publisher is not allowed to infringe their participation in the Program with any automated, deceptive, fraudulent or other invalid means, including but not limited to, through the use of robots or other automated query tools and/or computer-generated search requests, and/or the unauthorized use of other search engine optimization services and/or software.
The Publisher is not allowed to include the end user email addresses on their own, as well as he/she is obligated not to include any email addresses provided by third parties and agents and not by the email address end user. The Publisher is not allowed to attract end users to include in the Advertisement their email addresses. In particular, the Publisher is not allowed to offer end users any payment and bonuses of any kind for including their email addresses.
The Publisher is not entitled to collect and/or process end user email addresses for his/her own purposes. The Publisher is not allowed to sell or offer to sell any end user email addresses included in the Advertisements.
The Publisher is not allowed to edit, modify, filter, truncate or change the order of the information contained in any Advertisements.
The Publisher is particularly obliged not to promote any abusive or illegal content or information on GetResponse competitors.
The Publisher acknowledges and agrees that they are not allowed to serve and publish an Advertisement on the website(s) that:
- advocates, promotes, incites, instructs, assists or otherwise encourages violence or any illegal activities;
- infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or GetResponse, or any rights of publicity or privacy of any party;
- attempts to mislead others about the Publisher’s identity or the origin of a message or other communication, or impersonates or otherwise misrepresents the Publisher’s affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate;
- promotes, solicits or comprises inappropriate, harassing, abusive, profane, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity;
- is harmful to minors;
- contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, information, or property of another; or
- violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).
If the Publisher is in violation of the above and/or the Publisher provides any information that is untrue, inaccurate, not current or incomplete, or if GetResponse has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate the Publisher's account and refuse any and all current or future participation in the Program and forfeit all outstanding Publisher Commissions.
The Publisher shall not create a new account to use the Program after GetResponse has terminated this Agreement with you as a result of your breach of this Agreement;
4. Publisher Commission
The Publisher shall receive a Publisher Commission for each valid end user email address referred through the Advertisements served on the Publisher’s website(s). It means that the Publisher will receive the Commission upon acceptance of the email address only if the end user email address was referred through the Advertisements on the Publisher’s website(s).
Information on Commissions per referred end user email address is provided on the GetRevenue website.
The Commission is calculated on the last day of each month following GetResponse’s approval of the amount of valid end user email addresses pointed on the Publisher panel. The Publisher is entitled and has a right to check the Publisher Commissions due on their Publisher panel.
If the balance owed in the Publisher’s account exceeds USD 50, GetResponse shall issue the Publisher payment in the form of a USD check, unless other provisions are made. Based on internal risk analysis, GetResponse reserves the right to withhold first-time payments, and any other payments originating from an account where there is suspected fraud activity, for a period of up to 3 months.
Publishers’ checks are mailed via regular mail to the address provided upon registration, on or around the 20th of every subsequent month.
Any bank fees relating to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Program.
If, on the last day of the month, the balance owed in the account is less than USD 50, the Commission will be accumulated in the account.
GetResponse reserves the right to change the rate of commission at any time. Any Publisher Commissions accrued after such a change will be at the new rate.
GetResponse does not warrant and verify the correctness of saving, transmitting, accepting and validating the end user email addresses provided by the Publisher.
GetResponse shall pay Commission only for the end user email addresses which have been referred through Advertisements served on the Publisher’s website(s) in the amount as indicated in the Publisher panel.
GetResponse is not obligated to investigate the correctness of the Commission amount and amount of end user email addresses referred through the Advertisements on the Publisher’s website(s).
To ensure proper Commission payment, the Publisher is solely responsible for providing and maintaining accurate contact details including address, as well as payment information associated with the Publisher’s account. If you are a US taxpayer, you should include without limitation a valid tax identification number and Form W-9. If you are a non-US taxpayer, you should provide GetResponse without limitation with either a signed certification that you do not have US Activities, or a completed Form W-8 or other form, which may require a valid US tax identification number, as required by the US tax authorities. No Commission payment shall be made unless the Publisher provides GetResponse with accurate and complete contact and tax details.
GetResponse has at any time the right to suspend payment of the Commission if he finds the Publisher to be in violation of the Terms and Conditions herein, in particular, if GetResponse has reasonable grounds to suspect that email addresses have been provided by the Publisher himself/herself, his/her agents, third parties or with use of any hardware and/or software and automated engines.
5. Technical Requirements
GetResponse assures that the Advertisements will work properly with Windows 98/NT/2000/Me/XP platform and Internet Explorer 6.0 or higher.
The Publisher acknowledges and agrees to comply with the technical specifications provided by GetResponse to enable proper delivery, display, tracking, and reporting of Advertisements in connection with your website(s), including without limitation by not modifying the programs provided to you by GetResponse in any way.
6. Publisher Support Service
GetResponse provides Publishers with Email, Fax and Phone Support.
The Publisher may address all questions, doubts, and report errors via email to the GetRevenue.com Support Department at email@example.com. The Publisher should provide at least the account name and their name. GetResponse does not investigate or take any action based on "anonymous" support requests.
GetResponse assures that reaction shall occur within two working days after receiving a request fromthe Publisher.
7. Complaint Procedure
The Publisher accepts unconditionally that the Program is distributed on an "as is" basis without warranties of any kind, either expressed or implied.
The Publisher is requested to submit their complaint to the Support Department at firstname.lastname@example.org.
On complaint, the Publisher should provide at least the account name and their name. GetResponse does not investigate or take any action based on "anonymous" complaints.
The Publisher Support Department will investigate the problem as soon as possible and inform the Publisher on how the issue will be processed.
The Publisher has the right to be informed about the status of the processing of their issue.
If any issue connected with the Program occurs, GetResponse assures to undertake all measures to solveit as soon as possible.
8. Abusive and Illegal Practices
The Publisher is not allowed to associate his/hers participation in the Program with any material and/or content that, intentionally or unintentionally, violates any applicable local, state, national or international laws, or any rules or regulations promulgated hereinafter, or any copyrights or any other rights of a third party.
The Publisher agrees that the participation in the Program is subject to all applicable national, international, state, and local laws, as well as any and all applicable regulations, including the Terms and Conditions herein. Furthermore, the Publisher agrees that, as far as their business practices are concerned, they shall not engage, serve and /or publish Advertisements on website(s) that:
- are unlawful, threatening, abusive, harassing, defamatory, obscene, libelous, slanderous, deceptive, fraudulent, invasive of another person’s privacy, tortuous, or otherwise violate GetResponse’s rules or policies;
- victimize, harass, degrade, or intimidate an individual or a group of individuals on the basis of religion, politics option, gender, sexual orientation, race, ethnicity, age, or disability;
- associate with any pornography, adult-related material, child pornography, bigotry, racism, hatred, profanity, mail fraud, or any material which may be insulting to another person or a company;
- infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, including, but not limited to, unauthorized copying and posting of pictures, logos, software, articles, musical works and videos;
- contain harmful content, including, without limitation, software viruses, Trojan horses, worms, time bombs, cancel bots, spy-ware, or any other files, software programs, or technology that is designed or intended to disrupt, damage, surreptitiously intercept or expropriate services or any system, program, data or personal information, or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- impersonate any person or entity, including any of our employees or representatives;
- violate any law, statute, ordinance, or regulation including, without limitation, those governing consumer protection, Internet tobacco sales, unfair competition, antidiscrimination or false advertising;
- offer or disseminate fraudulent goods, services, schemes, or promotions (e.g. make-money-fast schemes, chain letters, pyramid schemes) or engage in any unfair deceptive act or practice;
- are associated with any form of gambling or lottery-type services;
- are associated with any form of adult, sexually oriented, or obscene materials or services, including, without limitation, any material clearly designed to sexually arouse the viewer/reader (e.g. books, text, photos, videos, X-rated movies, pornographic materials, etc.), any materials which require individuals to be eighteen (18) or older to view or purchase those materials, escort services, and adult websites;
are associated with the sale of:
- any controlled drug that requires a prescription from a licensed practitioner; or
- any over-the-counter drug, or
- nonprescription drugs;
- are associated with illegal telecommunications or cable television equipment, such as access cards, access card programmers and unloopers, cable descramblers or filters;
- are associated with weapons of any kind and related items, including firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives and martial arts weapons;
- nicotine, nicotine products, products imitating nicotine products, symbols related to smoking or nicotine;
- alcohol of any kind;
- drugs of any kind, products related to drugs, symbols related to drugs, the use of drugs of any kind;
- medical services, medical aid, medical assistance, medicines;
- video lotteries, cylindrical games, card games, dicing, and automated games;
- use the Service to call on minors directly to purchase products or services;
- encourage minors to influence their parents or other persons with the aim of impelling them to buy products or services marketed through the Service;
- take advantage of minors’ inexperience and credulity; exploit the special trust minors have in their parents, teachers or other persons;
- unreasonably show minors in dangerous situations, or
- use the Service to affect the subconscious of a recipient.
The foregoing list is non-exhaustive of prohibited goods and services.
All content included on the GetRevenue.com website, such as text, graphics, logos, button icons, images, audio clips and software and all the Advertisements, are the property of GetResponse or its content suppliers and protected by Polish, U.S. and international copyright laws. No part of this website may be reproduced or transmitted in any form or by any means without written permission from the authors.
GetResponse, GetRevenue.com, GetRevenue are trademarks of GetResponse and Szymon Grabowski in the Republic of Poland, the United States and other countries.
Trademarks of GetResponse and Szymon Grabowski may not be used in conjunction with other companies' products or services, in any manner that may cause confusion among Publishers and potential Publishers, or in any manner that discredits GetResponse, its products and services.
11. Termination of Service
If GetResponse finds the Publisher to be in violation of the provisions of the Terms and Conditions herein, GetResponse reserves at its sole discretion the right to terminate the Publisher’s participation in the Program and forfeit all outstanding Publisher Commissions.
GetResponse reserves at its sole discretion the right to immediately terminate the Service in the event of finding the Publisher to be using GetResponse services for any unlawful practices.
GetResponse reserves at its sole discretion the right to terminate the Service in the event of receiving independent verification that the Publisher provided grossly inaccurate, unreliable or false registrant contact details, or failed to keep such contact details up-to-date.
12. Disclaimer of Warranties. Limitation of Liabilities
GetResponse DOES NOT WARRANT FOR THE WEBSITE AND THE SERVICE IT IS PROVIDING. GetResponse DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE AND THE WEBSITE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. GetResponse DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.
IN NO EVENT WILL GetResponse NOR ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR SUPPLIERS BE LIABLE FOR LOSSES OR DAMAGES HEREUNDER OR UNDER ANY SCHEDULE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE (EVEN IF GetResponse HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH A LOSS) INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND OR ANY CLAIM AGAINST THE PUBLISHER BY ANY OTHER PERSON RESULTING FROM OR ARISING IN ANY CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, ANY SCHEDULE OR ANY OBLIGATION HEREUNDER OR THEREUNDER (INCLUDING THE SERVICES), HOWSOEVER CAUSED (INCLUDING BREACH OF A WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY LEGAL, STATUTORY OR EQUITABLE CAUSE OF ACTION).
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM BY THE PUBLISHER, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT.
GetResponse is not responsible for any delay or failure in performance due to Force Majeure, or other occurrences that are beyond GetResponse’s reasonable control. GetResponse is not responsible for short, temporary and accidental suspension of the Service as a result of circumstances which GetResponse could not foresee or suspect.
The Publisher recognizes that GetResponse does not own or control other networks, information and systems outside its own network, nor is GetResponse responsible for performance or non-performance within such networks. GetResponse exercises no control over and specifically denies any responsibility for the content, information, accuracy or quality of the information and/or data passing through its network or the Service provided.
The use of the Service and participation in Program is at the Publisher's sole risk. GetResponse is in no way responsible for the conduct of its Publishers or the content of the Publisher's website(s).
GetResponse is not responsible for any indirect, incidental, special, punitive, or consequential damage that results from the Publisher's participation in the Program.
GetResponse is in no way responsible, without limitation, for any damage or loss resulting from Program interruptions or delays.
GetResponse shall have no liability for any damages suffered by the Publisher or any third party as a result of the Publisher’s participation in the Program.
13. Final Provisions
The illegality, invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the legality, validity and enforceability of any other provisions hereof.
It is also understood and agreed by the Parties that if any provision of this Agreement is prohibited or is unenforceable under the law of any government having jurisdiction, (i) such invalid or unenforceable provision will be modified to the extent necessary to render it valid and enforceable without altering its intent, or (ii) if such a modification is not possible, these Terms and Conditions will be construed as if such invalid or unenforceable provision had never been contained in these Terms and Conditions.
GetResponse reserves the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the GetRevenue.com website, including these Terms and Conditions, at any time without prior notice. The Publisher agrees that their continued use of the Service after such an update will constitute their acceptance of and agreement to be bound by the updated Terms and Conditions. The most current version of the Terms and Conditions is available at any time at our website.
This participation in the GetRevenue Program shall be interpreted and construed according to, and governed by, the laws of the Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction.
The law of the Republic of Poland and Polish Court shall be the governing jurisdiction.