GetClickNw, a company based in Wyoming, USA, simplifies the world of affiliate marketing for publishers. We act as a central hub, aggregating a wide array of brand campaigns from diverse affiliate platforms. Our core value proposition is to eliminate the hassle for publishers of signing up and managing relationships across multiple networks. GetClickNw does the heavy lifting by sourcing and consolidating numerous campaigns, making them easily accessible to our valued publisher partners. This allows you to focus on what you do best – creating content and driving traffic – while we provide a streamlined path to earning commissions from a multitude of brands, all through a single point of contact.
These Affiliate Publisher Terms of Engagement ("Agreement") govern your participation in the GetClickNw Affiliate Program ("Program"). By applying to or participating in the Program, you ("Publisher," "Partner," or "you") agree to be bound by these terms and conditions, as well as any additional terms or guidelines provided by GetClickNw ("GetClickNw," "we," "us," or "our").
2.1. Application: To join the Program, you must submit a complete and accurate application. We reserve the right to accept or reject any application at our sole discretion.
2.2. Acceptance: If your application is accepted, you will be notified, and this Agreement will become effective.
3.1. Promotion: You agree to use the Links provided by GetClickNw on your Media in a manner that is compliant with all applicable laws and regulations, and in accordance with the terms of this Agreement and any specific campaign guidelines. You are solely responsible for the development, operation, and maintenance of your Media and for all materials that appear on your Media.
3.2. Content Compliance: Your Media and any promotional content must not contain, promote, or link to:
3.3. Prohibited Activities: You shall not engage in any fraudulent, deceptive, or unethical practices, including but not limited to cookie stuffing, typosquatting, domain spoofing, spamming, or incentivized clicks/actions unless expressly permitted by GetClickNw in writing for a specific campaign. You shall not bid on GetClickNw's or its Advertisers' trademarked terms on any search engine or platform unless expressly permitted in writing. You shall not alter, modify, or obscure any Links or promotional materials provided by GetClickNw.
3.4. Compliance with Laws: You agree to comply with all applicable laws, rules, and regulations, including those related to advertising, data privacy, and email marketing (e.g., CAN-SPAM Act).
4.1. Provision of Links: We will provide you with the necessary Links and promotional materials to participate in the Program.
4.2. Tracking: We will use commercially reasonable efforts to track Qualified Actions generated through your Links. The determination of whether a Qualified Action has occurred and is eligible for a Commission shall be made by GetClickNw in its sole discretion.
4.3. Support: We will provide reasonable support to assist you with Program-related queries.
5.1. Commission Rates: Commission rates and Qualified Actions will be specified in your GetClickNw dashboard, a separate insertion order (IO), or other written communication from GetClickNw.
5.2. Payment Threshold: Commissions will be paid once the accrued amount reaches a minimum threshold, which will be communicated by GetClickNw (e.g., $50 USD).
5.3. Payment Schedule: Payments for accrued Commissions meeting the threshold will typically be made within a specified period (usually 180-270 days) following the end of the month in which they were earned, subject to any necessary adjustments for fraud, returns, or advertiser non-payment.
5.4. Advertiser Payment Condition: The Publisher Partner acknowledges and agrees that invoices submitted for payment shall only encompass amounts that have been duly received by GetClickNw from its Advertisers for the Qualified Actions attributed to the Publisher Partner. GetClickNw shall not be liable for Commissions if the corresponding Advertiser fails to pay GetClickNw.
5.5. Commission Rollover and Forfeiture: If accrued Commissions do not meet the minimum payment threshold, the balance will roll over to the next payment period. Should accrued Commissions continuously roll over for a period exceeding twelve (12) months without meeting the minimum threshold, GetClickNw reserves the sole discretion to write off the entire accrued balance without prior notice to the Partner.
5.6. Taxes: You are solely responsible for all taxes, duties, and other governmental charges associated with the Commissions you earn.
5.7. Disputes: Any disputes regarding Commissions must be submitted to GetClickNw in writing within thirty (30) days of the relevant payment date.
6.1. GetClickNw IP: We grant you a non-exclusive, non-transferable, revocable right to use the Links and any associated GetClickNw trademarks, logos, and promotional materials solely for your participation in the Program during the term of this Agreement.
6.2. Publisher IP: You retain all rights to your Media and content, subject to the terms of this Agreement.
7.1. Term: This Agreement shall commence upon your acceptance into the Program and shall continue until terminated by either party.
7.2. Termination by GetClickNw: We may terminate this Agreement at any time, with or without cause, by providing you with written notice. We may also suspend or terminate your account immediately if you breach any term of this Agreement.
7.3. Termination by Publisher: You may terminate this Agreement at any time, with or without cause, by providing us with written notice.
7.4. Effect of Termination: Upon termination:
You agree not to disclose GetClickNw's confidential information, including but not limited to Program terms, commission rates, business strategies, and Advertiser information, without our prior written consent. This obligation survives termination of this Agreement.
THE AFFILIATE PROGRAM, LINKS, AND ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION THEREWITH ARE PROVIDED "AS IS" AND "AS AVAILABLE." GETCLICKNW EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
GETCLICKNW DOES NOT WARRANT THAT THE PROGRAM OR LINKS WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM OR LINKS WILL BE COMPLETELY ERROR-FREE OR UNINTERRUPTED. GETCLICKNW DOES NOT GUARANTEE THAT YOU WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.
IN NO EVENT SHALL GETCLICKNW BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE LINKS, PROGRAM WEBSITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE, OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF GETCLICKNW. IN NO EVENT WILL GETCLICKNW BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT GETCLICKNW HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. GETCLICKNW'S CUMULATIVE LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO YOU BY GETCLICKNW IN COMMISSIONS DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE DATE THE CAUSE OF ACTION AROSE.
You agree to indemnify, defend, and hold harmless GetClickNw, its officers, directors, employees, agents, Advertisers, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your participation in the Program; (b) any breach by you of this Agreement; (c) the content and operation of your Media; or (d) any claim that your Media infringes on the intellectual property or other rights of a third party.
This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of laws principles. Any dispute arising out of or relating to this Agreement shall be resolved exclusively in the state or federal courts located in Wyoming. You hereby consent to the personal jurisdiction of such courts.
Neither party will be liable for, or be considered in breach of this Agreement on account of, any delay or failure to perform as required under the terms of this Agreement as a result of any causes or conditions that are beyond such party's reasonable control and that such party is unable to overcome through the exercise of commercially reasonable diligence (a "Force Majeure Event").
14.1. Assignment: You may not assign, transfer, or delegate any of your rights or obligations under this Agreement without the prior written consent of GetClickNw. Any attempted assignment in violation of this provision shall be null and void.
14.2. Entire Agreement: This Agreement, along with any applicable IOs or campaign-specific terms, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.
14.3. Amendments: GetClickNw reserves the right to modify any of the terms and conditions contained in this Agreement at any time and in its sole discretion by posting a change notice or a new agreement on our site. Your continued participation in the Program following our posting of a change notice or new agreement will constitute your binding acceptance of the change.
14.4. Notices: All notices under this Agreement shall be in writing. Notices to GetClickNw shall be sent to the address specified on our website or Program portal. Notices to you shall be sent to the email address provided in your Program application.
14.5. Relationship of Parties: The parties are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
14.6. Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
14.7. Waiver: No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Acceptance: By participating in the GetClickNw Affiliate Program, you acknowledge that you have read, understood, and agree to be bound by these Terms of Engagement.