March 20, 2019

Affiliate Program Terms & Conditions

This Affiliate Service Agreement (the “Agreement”) is made by and between Penguin Apps Builder and you, as an Affiliate utilizing the Penguin Apps Builder’s service (“You”, “Your”, “Affiliate”).

Last Updated: 20 March 2019

  1. Eligibility and Acceptance of Terms

To become a Penguin Apps Builder’s Affiliate, you must submit an application through Penguin Apps Builder’s Affiliate Signup, available at https://apps.penguinapps.biz/affiliates. By submitting an application for an Affiliate Program Account, you agree to these Affiliate Program Terms and Conditions, Penguin Apps Builder’s general terms and conditions, and Penguin Apps Builder’s privacy policy. This agreement incorporates both the Terms and Conditions and Penguin Apps Builder’s privacy policy by reference, which provides for binding arbitration and a waiver of class action rights. Where a conflict exists between Penguin Apps Builder’s general terms and this agreement, this agreement governs, except with respect to the Arbitration and Class Action Waiver provisions of the Terms of Service.  Please review these terms carefully, as they affect your legal rights.

Penguin Apps Builder reserves the right to accept or reject any application for membership in the Penguin Apps Builder affiliate program for any reason in its sole discretion.

Affiliates must be 18 years or older, or the age of majority, in the jurisdiction where the Affiliate resides.

  1. Qualified Referrals and Commissions

Affiliates will receive a commission for Qualified Referrals to Penguin Apps Builder. The percentage of the commission may change at any time and without notice.

“Qualified Referrals” mean customers referred by the Affiliate to Penguin Apps Builder and who (1) purchase a monthly or yearly subscription to Penguin Apps Builder; and (2) who do not request a refund of Penguin Apps Builder subscriptions.

Affiliates who share the same personal/company details, including but not limited to, last name, email address, IP address, website details or commission payment details, as their referred customer will be deemed to have made a “self-referral.” Referral commission and any earnings associated with this type of “self-referral” will not be paid. Penguin Apps Builder in its sole discretion will determine the meaning of “self-referral” and classification of any referral as a “self-referral.”

Affiliate referrals made to current Penguin Apps Builder customers will be considered “current customer referrals.” Referral commission and any earnings associated with this type of “current customer referral” will not be paid. Penguin Apps Builder in its sole discretion will determine the meaning of “current customer referral” and classification of any referral as a “current customer referral.”

Penguin Apps Builder, in its sole discretion, may determine that no commissions will be earned on particular “Add-On” subscriptions due to associated administrative costs or high production costs.

Commissions earned on referrals become “payable” after 30 days, which constitutes Penguin Apps Builder’s current money-back guarantee/refund period for customers.

If at any time, a referred customer files a credit card dispute, any earned affiliate commissions on those disputed charges shall become “frozen” in the referring Affiliate’s account until the dispute is settled. If the dispute is settled in Penguin Apps Builder’s favor, any associated earned commissions may again become payable to the referring Affiliate. If the dispute is settled in the customer’s favor, any associated earned commissions shall not be paid to the referring Affiliate. If commissions have already been paid out to the referring Affiliate, the amount of paid earned commissions on the disputed charges shall be debited to the Affiliate’s account.

You will not receive any interest on commissions held to your account.

Commission payments may be made via cheque or electronic payment. Affiliate is responsible for paying all applicable fees associated with accepting payments, including but not limited to, currency conversion fees, transaction fees, withdrawal fees, deposit fees, check cashing fees, etc.

Penguin Apps Builder, in its sole discretion, may disqualify an Affiliate from participation in the use of any or all portions of the Site if such Affiliate engages in any conduct that Penguin Apps Builder deems to be illegal, improper, unfair or otherwise adverse to the operation of the Penguin Apps Builder or detrimental to other users of the Penguin Apps Builder.

Penguin Apps Builder reserves the right to request documentation needed to verify Affiliate accounts. These requests may be made at the time of Affiliate application, or at any time while the Affiliate has an active Affiliate account. If requests for documentation are not made in a timely manner, Penguin Apps Builder also reserves the right to terminate, deactivate, or not approve Affiliate accounts.

You hereby agree to indemnify and hold harmless Penguin Apps Builder, and its merchants, employees, agents, and shareholders, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses.

Penguin Apps Builder reserves the right to change the terms and conditions or functionality of the Penguin Apps Builder Affiliate program at any time without notice. It is also agreed that after notification of Agreement changes, continued use of the Penguin Apps Builder Affiliate program constitutes acceptance of this Agreement. If you do not agree with changes to our Agreement, the Affiliate should cease promotion immediately and close their account.

  1.  Marketing

Each Affiliate shall bear their own costs and expenses related to marketing and promoting the Penguin Apps Builder service and/or the Penguin Apps Builder Referral Program. Penguin Apps Builder shall not reimburse or credit Affiliates for any marketing expenses, except in its sole discretion. Reimbursement of any marketing expenses shall not create a duty or obligation to reimburse any future marketing expenses.

Affiliates may only engage in marketing as set forth in this agreement.  

Affiliates may not engage in the following marketing activities, and by accepting this agreement, represents and warrants that their marketing practices do not violate any of these restrictions:

  1. Affiliates shall not make any false, misleading, or disparaging statements with respect to the Penguin Apps Builder services.
  2. Affiliates shall not create websites or advertisements that copy, imitate, or resemble the look and feel of the Penguin Apps Builder service.
  3. Affiliates shall not engage in any marketing activity that may harm the reputation or credibility of Penguin Apps Builder, including using low-quality marketing materials, or advertising on any site that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal activities, or violates the intellectual property or rights of a third party.
  4. Affiliates shall not send any e-mail in violation of the Malaysia Communications and Multimedia Act 1988 CMA, section 233.
  5. Affiliates must include a physical mailing address and unsubscribe information for any marketing email sent promoting Penguin Apps Builder’s services.
  6. Affiliates shall make clear that they, not Penguin Apps Builder, are the sender of all marketing communications related to promotion of Penguin Apps Builder’s services.
  7. Affiliates shall not engage in any marketing or promotional activities that violate applicable laws, rules, or regulations.
  8. Affiliates shall not use malware or spyware to market or promote Penguin Apps Builder services.
  9. Communications with Penguin Apps Builder

Affiliates shall, within a reasonable time, inform Penguin Apps Builder of:

  • Any breach of customer data the Affiliate has collected in connection with its marketing or promotion of the Penguin Apps Builder services
  • Any information is known to the Affiliate that could reasonably lead to a claim, demand, or liability against Penguin Apps Builder by any party.
  1.  Changes to this Agreement.

Penguin Apps Builder reserves the right to cancel or modify this agreement, except with regard to the Arbitration and Class Action waiver provisions incorporated by reference, at any time.  Penguin Apps Builder will notify Affiliates of any material change to these terms by email and/or notice on the Penguin Apps Builder website.

  1.  Termination

Penguin Apps Builder may terminate this Agreement at any time, with or without cause upon notice to Affiliate. Without limiting the foregoing, Penguin Apps Builder reserves the right to terminate Affiliate accounts that have not been accessed in 12 months or more.  Penguin Apps Builder reserves the right to terminate an Affiliate and not pay the accrued balance where the Affiliate has been deemed to breach this Agreement.

Affiliates may voluntarily close or terminate their account with Penguin Apps Builder. By doing so you waive your right to be paid any unpaid commissions below the minimum threshold and you assign (way of future assignment) all of your rights and ownership of any commissions which we are holding to your account. You will not receive any commissions which are earned after the date of termination. You also forfeit any commissions that were paid out but not collected for a period of 6 months or more.

However, if Penguin Apps Builder is late paying your commissions, you cannot terminate this Agreement on the basis that the delay constitutes a breach of this Agreement.

Upon termination of this Agreement, Affiliates shall:

  1. Return any Penguin Apps Builder property (including any marketing materials provided by Penguin Apps Builder and any confidential information) to Penguin Apps Builder, or destroy such information and certify its destruction in writing; and
  2. Cease and desist from displaying or using any Penguin Apps Builder intellectual property.

Upon termination, all rights granted to Affiliate shall immediately terminate, as well as any rights to payment of Fees under this agreement, unless determined by Penguin Apps Builder in its sole discretion.