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Please read this Terms & Conditions ("Terms", "Terms of Services") carefully before proceeding with the senangPay Affiliate Program.


Affiliate Program Operating Agreement

This Affiliate Program Operating Agreement (the "Agreement") is made and entered into by SIMPLEPAY GATEWAY SDN BHD.
("you" or "Affiliate") the party submitting an application to become a senangPay affiliate. The terms and conditions contained in this Agreement apply to your participation with senangPay Affiliate Program. By submitting an application, you expressly consent to all the terms and conditions of this Agreement.



Enrolment in the Affiliate Program

You must accurately complete the application to become an affiliate (and provide us with future updates) and not use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you of your acceptance or rejection to the Affiliate Program, generally within two (2) business days. We may accept or reject your application at our sole discretion for any reason.



Obligations of the Parties

Subject to our acceptance of you as an affiliate and your continued compliance with the terms and conditions of this Agreement.



senangPay shall pay the invoices, depending on the Affiliate Platform used, for all Commissions payable under this Agreement and shall remit payment to Affiliate based upon that invoice. In the event that Affiliate disputes in good faith any portion of an invoice, Affiliate must submit that dispute to senangPay in writing and in sufficient detail within thirty (30) days of the date on the invoice. If Affiliate does not dispute the invoice as set forth herein, then Affiliate agrees that it irrevocably waives any claims based upon that invoice. If Affiliate has an outstanding balance due to senangPay under this Agreement or any other agreement between the Affiliate and senangPay, whether or not related to the Affiliate Program, Affiliate agrees that senangPay may offset any such amounts due to senangPay from amounts payable to Affiliate under this Agreement.



Affiliate also agrees to:


  1. Have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, the Affiliate’s Media.

  2. Ensure that all materials posted on your Media or otherwise used in connection with the Affiliate Program (i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights of any third party and (iii) do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities (such as gambling), contains profanity or otherwise contains materials that SIMPLEPAY informs you that it considers objectionable (collectively, "Objectionable Content").

  3. Not make any representations, warranties or other statements concerning senangPay or Client or any of their respective products or services, except as expressly authorized herein.

  4. Make sure that your Media does not copy or resemble the look and feel of the Program Web Site or create the impression that your Media is endorsed by senangPay or Clients or a part of the Program Web Site, without prior written permission from us.

  5. Comply with all (i) obligations, requirements and restrictions under this Agreement and (ii) laws, rules and regulations as they relate to your business, your Media or your use of the Links.

  6. Comply with the terms, conditions, guidelines and policies of any third party services used by Affiliate in connection with the Affiliate Program, including but not limited to, email providers, social networking services and ad networks.

  7. Always prominently post and make available to end-users, including prior to the collection of any personally identifiable information, a privacy policy in compliance with all applicable laws that clearly and thoroughly discloses all information collection, use and sharing practices, including providing for the collection of such personally identifiable information in connection with the Affiliate Program and the provision of such personally identifiable information to senangPay and Clients for use as intended by senangPay and Clients.

  8. Always prominently post and make available to end-users any terms and conditions in connection with the Offer set forth by senangPay or Client, or as required by applicable laws regarding such Offers.

  9. The following additional program-specific terms shall apply to any promotional programs set forth below:



    Advertising Campaigns. No Links can appear to be associated with or be positioned on chat rooms or bulletin boards unless otherwise agreed by senangPay in writing. Any pop-ups/under used for the Affiliate Program shall be clearly identified as Affiliate served in the title bar of the window and any client-side ad serving software used by Affiliate shall only have been installed on an end-user's computer if the function of the software is clearly disclosed to end-users prior to installation, the installation is pursuant to an affirmatively accepted and plain-English end user license agreement and the software be easily removed according to generally accepted methods.



    Affiliate Network Campaigns. For all Affiliate's that maintain their own affiliate networks, Affiliate agrees to place the Links in its affiliate network (the "Network") for access and use by those affiliates in Affiliate's Network (each a "Third Party Affiliate"). Affiliate agrees that it will expressly forbid an Third Party Affiliate to modify the Links in any way. Affiliate agrees to maintain its Network according to the highest industry standards. Affiliate shall not permit any party to be a Third Party Affiliate whose web site or business model involves content containing Objectionable Content. All Third Party Affiliates must be in good standing with Affiliate. Affiliate must require and confirm that all Third Party Affiliates affirmatively accept, through verifiable means, this Agreement prior to obtaining access to the Links.

  10. Affiliate shall be prohibited to engage in any of the following:



    - Utilising search engine optimisation for brand bidding using senangPay brand name and any or all of its misspellings;


    - Utilising search engine optimisation to include senangPay URL in the display URL;


    - Utilising search engine optimisation to include Affiliate Links in the destination URL;


    - Engaging in any and/or all direct marketing strategies through Facebook including paid advertisements utilising senangPay brand;


    - Partaking in online marketing campaigns in any and/or all of the following: Affiliate Networks, Torrent sites, Streaming sites, Adult sites, websites promoting abusive, erotic, extremist, radical political content, sites with content unsuitable for adolescents, Links on other websites, pop-under or pop-ups, cookie dropping.

  11. PROGRAM voucher codes. In the event of partial returns of orders, senangPay shall extend Commissions only on that part of the order which is successfully completed and has not been returned. For the avoidance of doubt there shall be no Commissions payable on any returned part of an order.




Confidentiality

Except as otherwise provided in this Agreement or with the consent of senangPay , you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Affiliate Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you. Affiliate shall not use any information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Affiliate Program, or assist another party to do the same.



Limited License & Intellectual Property

We grant you a non-exclusive, non-transferable, revocable right to use the Links and to access our web site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of identifying your Media as a participant in the Affiliate Program and assisting in increasing sales through the Program Web Site. You may not alter, modify, manipulate or create derivative works of the Links or any senangPay graphics creative, copy or other materials owned by, or licensed to, senangPay in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the Affiliate Program. We may revoke your license anytime by giving you written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of senangPay trademarks, service marks, copyrights, patents or trade secrets. You agree that senangPay may use any suggestion, comment or recommendation you choose to provide to senangPay without compensation. All rights not expressly granted in this Agreement are reserved by senangPay.



Termination

This Agreement shall commence on the date of our approval of your Affiliate Program application and shall continue thereafter until terminated as provided herein. You may terminate your participation in the Affiliate Program at any time by removing all Links from your Media, deleting all copies of the Links. We may terminate our participation in one or more Offers or this Agreement at any time and for any reason which we deem appropriate with or without prior notice to you by disabling the Links or providing you with a written notice.


Upon termination of your participation in one or more Offers or this Agreement for any reason, you will immediately cease all use of and delete all Links, plus all senangPay or Client intellectual property, and will cease representing yourself as a senangPay or Client affiliate for such one or more Offers. All rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination.


Remedies

In addition to any other rights and remedies available to us under this Agreement senangPay reserves the right to delete any actions submitted through your Links and withhold and freeze any unpaid Commissions or charge back paid Commissions to your account if (i) senangPay determines that you have violated this Agreement, (ii) senangPay receives any complaints about your participation in the Affiliate Program which senangPay reasonably believes to violate this Agreement or (iii) any Qualified Action is later determined to have not met the requirements set forth in this Agreement or on the Affiliate Program. Such withholding or freezing of Commissions, or charge backs for paid Commissions, shall be without regard as to whether or not such Commissions were earned as a result of such breach. In the event of a material breach of this Agreement, senangPay reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions.


Fraud

You are expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with referrals through the Links or the generation of Commissions or exceed your permitted access to the Affiliate Program. Such acts include, but are in no way limited to, using automated means to increase the number of clicks through the Links or completion of any required information, using spyware and other deceptive acts or click-fraud. senangPay shall make all determinations about fraudulent activity in its sole discretion.


Representations and Warranties

You hereby represent and warrant that this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms and that you have the authority to enter into this Agreement. Subject to the other terms and conditions of this Agreement, senangPay represents and warrants that it shall not knowingly violate any law, rule or regulation which is applicable to senangPay own business operations or senangPay proprietary products or services.


Modifications

In addition to any notice permitted to be given under this Agreement, we may modify any of the terms and conditions of this Agreement at any time by providing you with a notification by email. The changes will become effective ten (10) business days after such notice. If the modifications are unacceptable to you, you may terminate this Agreement without penalty solely on the account of such termination within such ten (10) business day period. Your continued participation in this Affiliate Program ten (10) business days after a change notice has been posted will constitute your acceptance of such change. In addition, senangPay may change, suspend or discontinue any aspect of an Offer or Link or remove, alter, or modify any tags, text, graphic or banner ad in connection with a Link. Affiliate agrees to promptly implement any request from senangPay to remove, alter or modify any Link, graphic or banner ad that is being used by Affiliate as part of the Affiliate Program.


Independent Investigation

You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Affiliate Program and each Offer and are not relying on any representation, guarantee or statement other than as set forth in this Agreement or on the Affiliate Program.



Disclaimers

THE AFFILIATE PROGRAM AND LINKS, AND THE PRODUCTS AND SERVICES PROVIDED IN
CONNECTION THEREWITH, ARE PROVIDED TO AFFILIATE "AS IS". EXCEPT AS EXPRESSLY SET
FORTH HEREIN, senangPay EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR
STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND
ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. senangPay DOES
NOT WARRANT THAT THE AFFILIATE PROGRAM OR LINKS WILL MEET AFFILIATE'S SPECIFIC
REQUIREMENTS OR THAT THE OPERATION OF THE AFFILIATE PROGRAM OR LINKS WILL BE
COMPLETELY ERROR- FREE OR UNINTERRUPTED. senangPay EXPRESSLY DISCLAIMS ANY
LIABILITY FOR ANY ACT OR OMISSION OF A CLIENT OR THEIR PRODUCTS OR SERVICES.
senangPay DOES NOT GUARANTEE THAT AFFILIATE WILL EARN ANY SPECIFIC AMOUNT OF
COMMISSIONS.


Visit our guide to read more about senangPay Affiliate Program or download our Affiliate Banner Pack to start advertising.

For more enquiry, please do not hesitate to mail us at help@senangpay.my

 

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