Epom Affiliation Terms and Conditions

Epom Affiliation Terms and Conditions


1. General

These Affiliation Terms and Conditions (the « T&Cs ») define the conditions under which Epom Ltd, a limited liability company, with its registered office located at Nancy Whiticker House, 7 Old Street, Roseau, Commonwealth of Dominica, provides services to Affiliates enabling them to monetize their advertising inventory.

The T&Cs constitute an agreement between Epom and the Affiliate.

Other contracts and terms, which are not agreed with Epom in writing, are excluded.

Use of the Epom Service by Affiliate is sufficient acknowledgment that the Affiliate has read, agreed, and understood the T&Cs.

Epom has the right to amend the T&Cs from time to time at its sole discretion. The Affiliate will be notified of such change via email, change notice, or posting on Epom web site. The continued use of the Service by Affiliate shall mean the acceptance of such changes.

2. Validation

The affiliation to Epom Service is available for legal entities and individuals who have reached the age of 18 (eighteen) years, thus having full capacity to conclude contracts.

Each Affiliate will have a dedicated account in the Epom system upon registration. Unless otherwise agreed in writing, each Affiliate is entitled to use only one account. Duplicates will be terminated as invalid accounts.

The Affiliate agrees to provide all mandatory information and documentation requested in the registration form. Epom reserves the right to terminate the Affiliate account in case if such information was incorrect or incomplete.

3. Description of Service

Epom will provide to the Affiliate materials of advertising matter received from Epom's clients (Advertisers), promoting their goods and/or services, to be displayed and/or otherwise distributed via inventory which the Affiliate has legitimate access to and/or control of.

Advertising materials will be proposed in the form of individual offers. Additional details and terms of each offer should be provided to Affiliate by email. If advertising materials of the offer appear on Affiliate's inventory this shall mean acceptance of additional terms and details, provided in the corresponding email.

4. Affiliate Obligations

a. Responsible use of the account provided by Epom. Affiliate must take reasonable measures to prevent unauthorized access to the Affiliate account. Affiliate shall be solely responsible for all the activity in Affiliate account and for any loss, theft or unauthorized disclosure of account credentials, except for the case of established security breach in Epom Service. Affiliate information in the account have to be correct and up to date. Affiliate shall use this Affiliation Service in a loyal and non-abusive manner.

b. Compliance. Affiliate warrants compliance with these T&Cs, terms described in additional offer details and other documents agreed in writing between Epom and Affiliate. Affiliate warrants compliance with existing laws and regulations.

c. Authorization. Affiliate warrants it has sufficient authority to participate in this affiliation and operate Affiliate's inventory.

d. Prohibited activities and content. Affiliate shall use this Affiliation Service in a loyal and non-abusive manner. The Affiliate undertakes:
- to include and keep the Epom tracking code within the links of Affiliate Program offers
- not to modify content of advertising materials and links
- not to use any proxy IP to sign up or access Affiliate account
- not to place Affiliate links in newsgroups, message boards, blogs, unsolicited email and other types of spam, link farms, counters, chatrooms, guestbooks, IRC channels, instant messages, or similar Internet resources without prior written consent of Epom
- not to generate clicks, installs, views, and other actions for Affiliate program using iframes, hidden frames, device or software, or other similar tools, creating non-bona fide transactions
- not to mislead end-users and/or forcing click-throughs in any way
- not to be engaged in fraudulent activity

Epom may terminate the Affiliate account at its sole discretion if it's determined that the Affiliate inventory is unsuitable for the Affiliate Program, including (but not limited to) if it:
- Promotes sexually explicit materials (unless otherwise agreed in additional offer details)
- Promotes violence
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promotes illegal activities
- Incorporates any materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law
- Includes "Epom" or variations or misspellings thereof in its domain name
- Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable to us in our sole discretion.
- Contains software downloads that potentially enable diversions of commission from other affiliates in our program.

The Affiliate may not create or design their website or any other website under operation, explicitly or implied in a manner which resembles Epom website nor design their website in a manner which leads customers to believe you are Epom or any other affiliated business.

5. Remuneration

a. All fees and remunerations shall be calculated on the basis of Epom statistics provided to the Affiliate. Statistics information may be subjected to changes and should be finalized in 10 business days following the end of corresponding calendar month.

b. Payment terms: NET 45 unless otherwise agreed in the additional offer details and terms. Payout shall be made only if balance is $100 or greater.

c.  Affiliate will not be entitled to receive any payment from Epom for actions defined in offer details if - Epom has not received payment from the relevant Advertiser of all amounts due to Epom
- Actions were made by Affiliate or its agents
- Multiple actions were performed by the same individual, entity, devices, or IP address
- Actions were incentivised (unless specified in additional offer terms and details)
- Actions performed as a result of promotion on adult web sites or other adult content was used
- Misleading creatives were designed by Affiliate to generate actions
- Took place re-brokering of offers by Affiliate
- Suspected or established fraud, violation of offer terms, or violation of these terms and conditions took place. Those amounts shall not be included in the minimum balance or shall be subject to return, and in no case shall Epom be held liable for the payment of these amounts.

6. Term and Termination

a. The contract shall be concluded between Epom and Affiliate upon acceptance of these T&Cs, provision of all requested documents and information and the application approval by Epom.

b. The contract shall continue until terminated in accordance with these T&Cs.

c. The contract may be terminated by either party for convenience by giving a written termination notice to other party 72 hours prior to the desired termination date.

d. Epom may terminate Affiliate account and the contract in case of suspected or established T&Cs breach by Affiliate.

7. Liability and Indemnification

a. Epom will not be liable to Affiliate with respect to any subject matter of these T&Cs under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business, even if we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this terms, in no event shall Epom's cumulative liability to Affiliate arising out of or related to these T&Cs, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total amount paid to Affiliate during last 6 (six) months.

8. Confidentiality

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of these T&Cs which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

9. Miscellaneous

a. The Affiliate agrees that it is an independent contractor, and nothing in these T&Cs will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Affiliate and Epom. Affiliate will have no authority to make or accept any offers or representations on Epom's behalf. Affiliate will not make any statement, whether on site or any other media or otherwise, that reasonably would contradict anything in this T&Cs.

b. Neither party may assign its rights or obligations under these T&Cs to any party, except to a party who obtains all or substantially all of the business or assets of a third party.

c. These T&Cs shall be governed by and interpreted in accordance with the laws of the Commonwealth of Dominica without regard to the conflicts of laws and principles thereof.

d. Affiliate may not amend or waive any provision of these T&Cs unless in writing and signed by both parties.

e. The headings and titles contained in these T&Cs are included for convenience only, and shall not limit or otherwise affect the terms of these T&Cs.

f. In case of terms and conditions conflict with additional offer details provided, additional offer details should prevail.