FlyingHighCrypto Affiliate Program Terms & Conditions
Last modified: May 17th 2023
Please read this agreement carefully before joining our affiliate program.
INTRODUCTION
We highly value our affiliates and strive to treat them with fairness and respect. We ask for the same consideration in return. The following affiliate agreement has been drafted to protect our company's reputation and with your best interests in mind. We appreciate your cooperation as we go through this legal process.
If you have any questions, please do not hesitate to contact us. We believe in transparent and honest communication. For prompt assistance, please contact us at
https://flyinghighcrypto.com/contact
Best regards,
FlyingHighCrypto Team
*** AFFILIATE AGREEMENT ***
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND FLYINGHIGHCRYPTO.
BY SUBMITTING THE ONLINE APPLICATION, YOU ARE CONFIRMING THAT YOU HAVE READ AND FULLY UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND YOU AGREE TO BE LEGALLY BOUND BY EACH AND EVERY TERM AND CONDITION STATED HEREIN.
1. Overview
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in FlyingHighCrypto’s Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the FlyingHighCrypto web sites. Please note that throughout this Agreement, "we," "us," and "our" refer to FlyingHighCrypto, and "you," "your," and "yours" refer to the affiliate.
2. Affiliate Obligations
2.1. To initiate the enrollment process, you are required to complete and submit the online application at
https://cart.flyinghighcrypto.com/cryptomillionaire101/affiliates/
Please note that our auto-approval of applications does not preclude us from re-evaluating your application at a later time. We reserve the right to reject your application at our sole discretion, and we may cancel your application if we determine that your website is unsuitable for our Affiliate Program. Unsuitability may include, but is not limited to, websites that:
2.1.1. Promote sexually explicit materials.
2.1.2. Promote violence.
2.1.3. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
2.1.4. Promote illegal activities.
2.1.5. Incorporate materials that infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights, or violate the law.
2.1.6. Include "FlyingHighCrypto" or variations or misspellings thereof in its domain name.
2.1.7. Are otherwise unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable to us in our sole discretion.
2.1.8. Contain software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. Create or design your website, or any other website that you operate, in a manner that explicitly or implicitly resembles our website, or design your website in a manner that may mislead customers to believe that you are FlyingHighCrypto or any other affiliated business.
2.2. As a member of FlyingHighCrypto's Affiliate Program, you will have access to the Affiliate Account Dashboard. Here, you will be able to review our Program's details, download HTML code (that provides links to web pages of the FlyingHighCrypto websites), and banner creatives, as well as browse and obtain tracking codes for our coupons and deals. To ensure accurate tracking of guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link.
2.3. FlyingHighCrypto reserves the right, at any time, to review the placement of Your Links and approve their use, and may require you to change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and updating of your site will be your responsibility. We may monitor your site as we deem necessary to ensure that it is up-to-date and to notify you of any changes that we believe may enhance your performance.
2.5. It is your sole responsibility to comply with all applicable intellectual property and other laws pertaining to your site. You must obtain express permission to use any copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third-party rights.
3. Things you CAN and CANNOT do
3.1. Permitted Actions and Methods include:
3.1.1. PPC campaigners may bid on any keywords, including the product names and author names, as long as you agree that these trademarks and product names are the property of FlyingHighCrypto and you are only using them under this agreement.
3.1.2. iFrames, review sites, and cloaked domains are permitted as long as they do not contain offensive or negative domain URLs.
3.1.3. NOTE to UK, EU, and US affiliates. Some Affiliate Commissions are VAT Inclusive and you may be required to provide a Tax Invoice and further information prior to receiving payments, in some cases. Some affiliate commission payments require you to fill out additional forms. If requested, you will need to provide these forms to us.
3.1.4. Affiliate payments to qualifying affiliates (see above) are made automatically through ThriveCart via PayPal. You must have an active PayPal account to receive commissions and always abide by their rules. To be eligible to be an active member of our affiliate program and be eligible to receive commissions on any referrals that are made from traffic sent via your affiliate link, you MUST have an active PayPal account at the time of sending the referral.
3.1.5. We run a legitimate business, which means that we always correctly illustrate and represent our product/s and their features and benefits to the customer. Please make sure you do the same. Anyone found using misleading claims, inaccurate information, or false testimonials (or anything that does not comply with FlyingHighCrypto guidelines) will have their affiliate account revoked immediately.
3.2. Prohibited Actions and Methods include:
3.2.1. You acknowledge and agree that the following actions or methods are strictly prohibited and not allowed if you are approved for the affiliate program. Any violation of these terms will result in termination from the program, forfeiture of any commissions, and potential legal action to recover damages as deemed relevant by FlyingHighCrypto.
3.2.2. E-mail promotions in a 3rd party system: You are not permitted to conduct e-mail promotions using a 3rd party system. All e-mail contacts must be from your own opt-in e-mail list. You are not allowed to buy solo ads, use safe lists, engage in spam techniques, or similar practices.
3.2.3. "Negative" PPC, iframe, advertising or SEO campaigns: You must not run any "negative" PPC, iframe, advertising, or SEO campaigns that use the product name, author name, or any other method that attracts controversial clickthrough rates that could portray a negative view of the product and/or FlyingHighCrypto's business or integration partners. Such actions create a bad image for our company, the individuals featured in the products, and/or FlyingHighCrypto's business or integration partners, and will result in immediate termination from the program.
3.2.4. "Negative" marketing: You are not permitted to use "negative" marketing concerning FlyingHighCrypto or any of FlyingHighCrypto's business or integration partners.
3.2.5. Raw affiliate link usage: It is encouraged to use redirect links in e-mails and website campaigns instead of the direct affiliate link you receive. This helps increase conversions for both parties. However, the choice ultimately lies with you.
3.2.6. Commission on self-purchases: You cannot earn commissions on your own purchases. Any commissions earned from "self" purchases may be nullified or held back.
3.2.7. JV Prizes: Any JV Prizes awarded are based on qualified leads and are subject to fraud reviews. Qualified leads are defined as unique customers who fill out the opt-in form themselves with valid information. Prizes may be denied or modified based on lead quality, and fraudulent activities will result in immediate removal from any prize competitions or eligibility.
3.2.8. Domain name usage: You are not permitted to use any domain names containing the words PSYBIO or any variation of FlyingHighCrypto without prior agreement with us.
3.2.9. Rebate offers: You are not permitted to provide any kind of rebate offers.
3.2.10. Cookie stuffing or similar methods: Cookie stuffing or any other similar method of cookie manipulation is strictly prohibited. Any violation of this policy will result in an immediate ban from our affiliate program and may result in legal action to recover falsely claimed affiliate commissions and damages.
3.3. Further Promotion Restrictions:
3.3.1. You are permitted to promote your own websites, but it should be noted that any promotion that mentions FlyingHighCrypto may be seen as a joint effort by the public or the press. Please be aware that certain forms of advertising are strictly prohibited by FlyingHighCrypto. For example, spamming, or sending unsolicited commercial emails (UCE), and posting to non-commercial newsgroups or cross-posting to multiple newsgroups at once, are unacceptable and could damage our reputation. Additionally, advertising that conceals or misrepresents your identity, domain name, or return email address is not allowed. You may use email to promote FlyingHighCrypto to customers or subscribers of your services or website, provided they have the option to unsubscribe from future emails. Posting to newsgroups to promote FlyingHighCrypto is allowed only if the newsgroup specifically welcomes commercial messages. It is important that you always clearly represent yourself and your website as independent from FlyingHighCrypto. If we determine that you are engaged in spamming, we reserve the right to immediately terminate this Agreement and your participation in the FlyingHighCrypto Affiliate Program, and any pending balances owed to you may not be paid.
3.3.2. Affiliates are prohibited from bidding on keywords such as FlyingHighCrypto, FlyingHighCrypto.com,
www.FlyingHighCrypto, www.FlyingHighCrypto.com, and any misspellings or similar alterations of these, in their Pay-Per-Click (PPC) campaigns, unless they direct the traffic from such campaigns to their own website before redirecting it to ours. Violation of this policy will be considered as trademark infringement, and affiliates engaging in such behavior will be banned from FlyingHighCrypto's Affiliate Program. We will attempt to contact the affiliate before imposing the ban, but we reserve the right to expel any trademark violator from our affiliate program without prior notice, on the first occurrence of such PPC bidding behavior.
3.3.3. Affiliates are allowed to enter prospect's information into the lead form, as long as the information is accurate and genuine, and the leads are valid (i.e., genuinely interested in FlyingHighCrypto's service).
3.3.4. Affiliates are prohibited from transmitting any "interstitials," "Parasiteware™," "Parasitic Marketing," "Shopping Assistance Application," "Toolbar Installations and/or Add-ons," "Shopping Wallets," or "deceptive pop-ups and/or pop-unders" to consumers after they click on a qualifying link, until the consumer has fully exited FlyingHighCrypto’s site. The term "Parasiteware™" and "Parasitic Marketing" refer to applications that (a) accidentally or deliberately overwrite affiliate and non-affiliate commission tracking cookies without a customer-initiated click on a qualifying link on a webpage or email; (b) intercept searches to redirect traffic through installed software, resulting in pop-ups or overwriting of commission tracking cookies where a user would typically arrive at the same destination through search engine results (including but not limited to Google, MSN, Yahoo, Overture, AltaVista, Hotbot, and similar search or directory engines); (c) set commission tracking cookies through loading of FlyingHighCrypto's site in IFrames, hidden links, or automatic pop-ups that open FlyingHighCrypto.com's site; (d) target text on websites other than those owned 100% by the application owner for contextual marketing purposes; (e) remove, replace, or block the visibility of Affiliate banners with any other banners, other than those that are on websites 100% owned by the application owner.
4. FlyingHighCrypto Rights and Obligations
4.1. We reserve the right to monitor your website at any time to ensure compliance with the terms and conditions of this Agreement. If we determine that changes need to be made to your site or links to our website, we may notify you and require you to make those changes. Failure to make necessary changes may result in termination of your participation in the FlyingHighCrypto Affiliate Program.
4.2. FlyingHighCrypto reserves the right to withhold and/or cancel any commissions earned and not yet paid if it is determined that you have violated any terms and conditions of this Agreement, engaged in fraudulent activity, or abused the Affiliate Program in any way.
4.3. FlyingHighCrypto may modify, suspend, or discontinue the Affiliate Program at any time, in its sole discretion, with or without notice to you. FlyingHighCrypto shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Affiliate Program.
4.4. FlyingHighCrypto may also modify the terms and conditions of this Agreement at any time, and such modifications will be effective immediately upon posting on the FlyingHighCrypto website. You are responsible for regularly reviewing the terms and conditions of this Agreement to ensure compliance. Your continued participation in the Affiliate Program after any modifications to this Agreement constitutes your acceptance of such modfications.
4.5. FlyingHighCrypto does not guarantee or warrant that the Affiliate Program will be error-free or uninterrupted, or that your access to the Affiliate Account Dashboard or the FlyingHighCrypto website will be continuous or uninterrupted. FlyingHighCrypto shall not be liable for any loss or damage caused by any interruption or error in the operation of the Affiliate Program or the FlyingHighCrypto website.
4.6. In addition to monitoring your website, FlyingHighCrypto may also monitor your promotional activities, including but not limited to social media posts, emails, and other forms of promotion, to ensure compliance with the terms and conditions of this Agreement.
4.7. You acknowledge and agree that FlyingHighCrypto owns all intellectual property rights in and to the Affiliate Program, including but not limited to its trademarks, logos, and promotional materials. You are granted a limited, non-exclusive, non-transferable, revocable license to use FlyingHighCrypto trademarks and logos solely for the purpose of promoting the Affiliate Program.
4.8. FlyingHighCrypto reserves the right to request additional information from you, including but not limited to tax identification numbers, social security numbers, or other forms of identification, for tax reporting or compliance purposes. Failure to provide requested information may result in withholding or cancellation of commissions.
4.9. FlyingHighCrypto may also share aggregated and non-identifiable data about your performance in the Affiliate Program with third parties for statistical or analytical purposes.
5. Termination
5.1. This Agreement may be terminated by either party, with or without cause, by providing written notice through mail, email, or fax. Furthermore, this Agreement will automatically terminate upon any breach of its terms by you.
5.2. We reserve the right to immediately terminate this Agreement and your participation in the Affiliate Program, without notice, if you engage in fraudulent activity or abuse the Affiliate Program in any way. In such cases, FlyingHighCrypto will not be liable to you for any commissions for fraudulent sales.
5.3. This Agreement will commence upon our acceptance of your Affiliate application and will remain in effect until terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by providing written notice to the other party. Written notice can be provided through email or the Affiliate Account Dashboard.
5.4. Upon termination of this Agreement, you will no longer be eligible to earn commissions for any sales or referrals made after the date of termination. You must promptly remove all FlyingHighCrypto links and banners from your site, and cease all use of FlyingHighCrypto trademarks or logos.
6. Modification
6.1. We reserve the right to modify any of the terms and conditions in this Agreement at our sole discretion.
6.2. In the event of any modifications, you will be notified by email.
6.3. Modifications may include, but are not limited to, changes in payment procedures and rules of FlyingHighCrypto's Affiliate Program.
6.4. If any modification is unacceptable to you, your only option is to terminate this Agreement.
6.5. Your continued participation in FlyingHighCrypto's Affiliate Program after the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
7. Payment
7.1. FlyingHighCrypto utilizes ThriveCart and PayPal websites as third parties for tracking and payment purposes. Please review the payment terms and conditions of ThriveCart and PayPal.
7.2. Commission payments to partners/affiliates for valid referrals shall be processed approximately 30 days after the successful purchase by the referred party.
8. Access to Affiliate Account Interface
8.1. Upon approval, you will create a password to access FlyingHighCrypto's secure affiliate account interface. Through this interface, you will be able to view reports that detail the calculation of your commissions.
9. Grant of Licenses
9.1. We hereby grant you a non-exclusive, non-transferable, and revocable right to access our site through HTML links solely in accordance with the terms of this Agreement. Additionally, you are granted the right to use our logos, trade names, trademarks, and other similar identifying materials (collectively referred to as the "Licensed Materials") that we provide to you or authorize for such purpose, solely in connection with the links and solely to the extent that you are a member in good standing of FlyingHighCrypto's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of FlyingHighCrypto, and any goodwill associated with the Licensed Materials shall inure solely to the benefit of FlyingHighCrypto.
9.2. Both parties agree not to use the other party's proprietary materials in any manner that is disparaging, misleading, obscene, or that otherwise portrays the other party in a negative light. Each party retains all rights to its respective proprietary materials, except for the limited license granted in this Agreement. No right, title, or interest in the other party's proprietary materials is transferred to the other party, and each party reserves all of its respective rights in its proprietary materials covered by this license.
10. Disclaimer
FLYINGHIGHCRYPTO MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING ITS SERVICE, WEBSITE, OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, OR THOSE OF THE THIRD PARTY WEBSITES USED FOR TRACKING & PAYMENT. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. FURTHERMORE, WE DO NOT REPRESENT OR WARRANT THAT THE OPERATION OF OUR SITE OR THE THIRD PARTY SITES WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE SHALL NOT BE LIABLE FOR ANY CONSEQUENCES ARISING FROM ANY INTERRUPTIONS OR ERRORS IN THE OPERATION OF OUR SITE OR THE THIRD PARTY SITES.
11. Representations of Warranties
By entering into this Agreement, you represent and warrant that:
11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement, and to perform your obligations under this Agreement, without the approval or consent of any other party.
11.3. You possess sufficient right, title, and interest in and to the rights granted to us in this Agreement.
12. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT 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, ANTICIPATED PROFITS, OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL FLYINGHIGHCRYPTO'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
13. Indemnification
You hereby agree to indemnify and hold harmless FlyingHighCrypto, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
14. 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 this Agreement 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.
15. Miscellaneous
15.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and FlyingHighCrypto. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario without regard to the conflicts of laws and principles thereof.
15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
15.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
15.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
By clicking the "I accept" button, you signify that you have read, understood and agree to all the terms in full.
