By signing up to be an Affiliate in the BuildPodd Affiliate Program ("Program") you are agreeing to be bound by the following terms and conditions ("Terms of Service").
BuildPodd reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
Once an Affiliate has signed up for the Affiliate Program, he/she will be assigned a unique Affiliate Code. The Affiliate is permitted to place links, banners, or other graphics that BuildPodd provides with the Affiliate Code on any site, emails, or in other communications. BuildPodd shall provide Affiliates with guidelines, link styles, and graphical artwork to be used in linking to BuildPodd. BuildPodd may change the design of the artwork at any time without notice, but the dimensions of the images shall not be changed without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, BuildPodd shall provide Affiliates with special link formats to be used in all links between their site and the BuildPodd site. Affiliatesmust ensure that each of the links between their site and the BuildPodd site properly utilize such special link formats. Links to the BuildPodd placed on Affiliates' site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links.” Affiliates will earn commissions only with respect to construction contracts occurring directly through Special Links; BuildPodd shall not be liable to Affiliates with respect to any failure by the Affiliates or someone the Affiliates refer to use Special Links or iwhen Affiliates incorrectly type theirr Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to the Affiliate pursuant to this Agreement.
Affiliate links should point to the page of the product or service being promoted.
To earn a commission, a project must be registered in BuildPodd and contracted out within BuildPodd app. A registered project may either be done by the client who used an affiliate link or by the affiliate on behalf of the client.
BuildPodd reserves the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable methods.
Payments shall be made on a per-project basis.
Affiliates shall not issue any press releases with respect to this Agreement or participation in the Program; such action may result in the Affiliate’s termination from the Program. In addition, Affiliates shall not in any manner misrepresent or embellish the relationship between BuildPodd and the Affiliate.
The Affiliate commission shall be released 15 to 30 days after the project owner has paid the downpayment for the project.
The Affiliates shall be solely responsible for the development, operation, and maintenance of their sites and for all materials that appear on their site. For example, you will be solely responsible for:
- The technical operation of the Affiliate’s site and all related equipment
- Ensuring the display of Special Links on the Affiliate site does not violate any agreement between the Affiliate and any third party (including without limitation any restrictions or requirements placed on the Affiliate by a third party that hosts the Affiliate site)
- The accuracy, truth, and appropriateness of materials posted on the Affiliate site (including, among other things, all related materials and any information the Affiliate includes within or associated with Special Links)
- Ensuring that materials posted on the Affiliate’s site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on the Affiliate’s site are not libelous or otherwise illegal
- Ensuring that the Affiliate’s site accurately and adequately discloses, either through a privacy policy or otherwise, how the Affiliate collects, uses, stores, and discloses data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.
As a condition to Affiliate’s participation in the Program, the Affiliate agrees that while in the Program, he/she will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over the Affiliate, whether those laws, etc. are now in effect or later come into effect during the time the Affiliate is a Program participant. Without limiting the foregoing obligation, the Affiliate agrees that as a condition of his/her participation in the Program, the Affiliate shall comply with all applicable laws that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
The term of this Agreement shall begin upon our acceptance of the Affiliate’s Program application and shall end when terminated by either party. Either the Affiliate or BuildPodd may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, the Affiliate shall immediately cease use of, and remove from his/her site, all links to https://buildpodd.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to the Affiliate pursuant hereto or in connection with the Program.
BuildPodd reserves the right to end the Program at any time. Upon program termination, BuildPodd shall pay any outstanding commission due to the Affiliate.
BuildPodd, in its sole discretion, has the right to suspend or terminate the Affiliate’s account and refuse any and all current or future use of the Program, or any other BuildPodd service, for any reason at any time. Such termination of the Service shall result in the deactivation or deletion of the Affiliate’s Account or the access to the Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in the Affiliate’s Account if they were earned through fraudulent, illegal, or overly aggressive, questionable methods. BuildPodd reserves the right to refuse service to anyone for any reason at any time.
The Affiliate and BuildPodd are independent contractors, and nothing in this Agreement shall create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The Affiliate shall have no authority to make or accept any offers or representations on our behalf. The Affiliate shall not make any statement, whether on his/her site or otherwise, that reasonably would contradict anything in this Section.
BuildPodd shall not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program shall not exceed the total referral fees paid or payable to the Affiliate under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any services sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of BuildPodd shall be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing in the Philippines. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of The Philippines, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of BuildPodd to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and BuildPodd and govern your use of the Service, superceding any prior agreements between you and BuildPodd (including, but not limited to, any prior versions of the Terms of Service).
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