Affiliate Program Agreement

wpminder.com is owned and operated by Red Kite Creative LLC. The use of services from wpminder.com (hereafter referred to as “WP Minder”) constitutes agreement to these terms.

Payments and Commissions

WP Minder will pay the Affiliate a 40% commission of each WP Minder Plan sale’s initial payment which is identified by a visitor from the Affiliate’s website using the Affiliate’s unique Affiliate Link.

WP Minder will pay commission by Paypal approximately every 30 days. Affiliate must have a Paypal account and provide account information when registering for the program. If the commission does not exceed $10 during the prior period, WP Minder reserves the right to withhold payment until commissions accumulate to at least that amount.

All commission payments will be made in U.S.  dollars.

If a qualifying sale is refunded or canceled, the commission related to the sale will be deducted from the next commission payment.

Affiliate Link

Upon acceptance of the Affiliate’s application, the Affiliate will receive a unique URL that allows WP Minder to identify the source of a referral. To receive commissions, the sale must be the result of clicking on an Affiliate’s unique URL, which may be displayed as a text link or graphic banner.

The Affiliate will not misrepresent WP Minder nor use WP Minder branding on their website or in email except through the use of provided Promotional Materials.

The Affiliate will not engage in the distribution of any unsolicited bulk emails (spam) in any way mentioning or referencing WP Minder or WP Minder’s website.  This will result in immediate termination of the Affiliate’s account and all pending commissions.

The Affiliate may not use their Link to order services on the WP Minder website and commissions for such sales will be reversed.

The Affiliate is solely responsible for making sure the Link is working correctly on their website.

Promotional Materials

WP Minder hereby grants to Affiliate a nonexclusive, nontransferable license (the “License”) to use the Promotional Materials as specified under the terms and conditions of this Agreement. The term of the License shall expire upon the expiration or termination of this Agreement.

WP Minder retains all rights, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials granted under the License.

The Affiliate will not alter, add to, subtract from otherwise modify the Promotional Materials as provided by WP Minder.

Prohibited Sites

All Affiliate applications are subject to approval by WP Minder. Websites that promote or display the following will not be accepted:

  • sexually explicit material;
  • violence;
  • discrimination based on race, sex, religion, national origin, and physical disability;
  • illegal activities.

By signing up for our Affiliate Program you are stating that your site does not promote or in any way endorse these types of activities.

Term of Agreement

WP Minder and the Affiliate reserve the right to terminate this agreement at any time. If terminated, outstanding commissions earned during the Term will be paid in the next monthly payment as long as this Agreement was not violated by the Affiliate. WP Minder may withhold final payment for a reasonable time to ensure against cancellations.

Privacy

Refer to WP Minder’s Privacy information here.

Disclaimer

WP Minder will make every reasonable effort to track and pay commissions for all sales that apply to the Affiliate. However, WP Minder is not responsible for technical issues, acts by third parties, or other events outside our control which may temporarily disrupt or otherwise negatively impact our service. 

Independent Contractor

The Affiliate shall provide services for WP Minder as an independent contractor. Affiliates are NOT employees of WP Minder and are responsible for their own local, state, or country taxes.

Limitation of Damages

WP Minder  will not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether WP Minder was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement. WP Minder’s total and aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total commissions paid or payable by WP Minder this agreement.

Although our goal is 100% accuracy in Affiliate sales tracking, WP Minder is not responsible for inaccuracies that might occur beyond our control.

Warranty Disclaimer

WP Minder makes no warranties expressed or implied with regard to its Affiliate Program except as outlined in this Agreement.

Indemnification

We agree to indemnify, defend and hold harmless you and your affiliates, directors, officers, employees and agents, from and against any and all claims, liability, complaints, losses, damages, injuries or expenses (including reasonable attorney’s fees) relating to the operation of our site, a breach of our obligations under this Agreement, or the violation of any third party intellectual property rights of editorial content or other materials provided by us for display on your site.

You agree to indemnify, defend and hold harmless us and our affiliates, directors, officers, employees and agents, from and against any and all claims, liability, complaints, losses, damages, injuries or expenses (including reasonable attorney’s fees) relating to the operation of your site, a breach of your obligations under this Agreement, or the violation of any third party intellectual property rights of editorial content or other materials of your site.

Governing Law

The laws of the State of Colorado, US, without reference to conflict of law provisions, will govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties involved.