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Last updated: 2021-08-05
These Terms and Conditions (the “Affiliate Agreement“) govern the Affiliate Program that is made available by EchoPhoto (“EchoPhoto“, “we” or “us“). These Terms and Conditions represent the whole agreement and understanding between EchoPhoto and the individual or entity who participates in the Affiliate Program (the “Affiliate“, or “you“). Please read this agreement careful as it represents a legally binding agreement between you and EchoPhoto. By submitting your application and by your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. EchoPhoto may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that EchoPhoto believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.
2. Eligibility and Terms
Only the following are eligible to become our affiliate:
- You must be 19 years or older
- You must reside in the Philippines
- You must have a valid, verified local bank account under your name
- You must provide your legal full name, and other information as required by this program during the signup process
- You are responsible for maintaining the security of your account and password. EchoPhoto cannot and will not be liable for any loss or damage from your failure to comply with this security obligations
- One person or legal entity may not maintain more than one account
- You may not use the affiliate program for any illegal or unauthorized purpose.
3. Referral Tracking
EchoPhoto will provide the Affiliate with specific Referral Links to link advertisements and other marketing content to EchoPhoto. EchoPhoto will track users who have visited these Referral Links using cookies which expire after 20 days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard. The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. EchoPhoto is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.
4. Affiliate Fees and Payouts
A referral will become eligible for payout (“Eligible Referral“) at the end of the next calendar month if it meets all of these criteria:
- The referral’s account remains active and in good standing.
- The referral’s account has not had any of its payments refunded, charged back or otherwise reversed.
- Referral fees/commissions are at 5% of the net sale
All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default EchoPhoto error page. This error page informs visitors that the web page they are looking for cannot be found, and may include, but without limitation to, the following:
- Links to additional products and services offered by EchoPhoto.
- Advertisements for products and services offered by third-parties.
- An internet search engine interface.
Failure to meet any of these criteria will permanently void the referral and disqualify the referral from any potential payouts.
All Affiliate Fee payments will be payable in Philippine Pesos only, except as otherwise determined by EchoPhoto in its sole discretion. Payment will be made through local bank transfer against a valid and verified bank account. The Affiliate is responsible for providing EchoPhoto with the full and accurate details that are required to remit the Affiliate Fees, and is solely responsible for any delays in payment resulting from its failure to do so. Referrals will become void, and any unpaid Affiliate Fees will be forfeited, after 12 calendar months. In the event of any activity deemed suspicious by EchoPhoto, EchoPhoto may delay the payment of Affiliate Fees by up to 6 calendar months to verify the relevant transactions. EchoPhoto reserves the right to recalculate, void, or disqualify any referrals or Affiliate Fees in the event of any fraudulent, deceptive or otherwise illegal activity.
Referrals for purchases made through EchoPhoto promotional or special offers are not eligible for payout.
EchoPhoto hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use the EchoPhoto logos for the sole purpose of promoting our service within the context of the Affiliate Program. This license will expire upon termination of the Affiliate’s participation in the Affiliate Program. The Affiliate may only display advertisements that contain EchoPhoto’s logos or service marks in good taste. The Affiliate may not use EchoPhoto’s logos or service marks in a manner that, in EchoPhoto’s sole discretion, portrays EchoPhoto in negative light. The Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws. EchoPhoto may, without prior notice, require the Affiliate to remove or modify any advertisements in EchoPhoto’s sole discretion.
6. Customer Definition
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
7. Your responsibilities
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
- The technical operation of your site and all related equipment
- Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
- The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
- Ensuring that materials posted on your 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 your site are not libelous or otherwise illegal
The Affiliate may terminate the Affiliate’s participation in the Affiliate Program with immediate effect by giving the other party a written notice of termination. EchoPhoto reserves the right to terminate the Affiliate’s participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that EchoPhoto, in its sole discretion, deems to be harmful to its business or any third party. Upon termination, the Affiliate will lose access to its Affiliate Dashboard and will forfeit all potential or unpaid Affiliate Fees.
9. Relationship of Parties
EchoPhoto and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on EchoPhoto’s behalf.
10. Limitation of Liability
The Affiliate Program is provided on an “as is” and “as available” basis and the use of the Affiliate Program is at the Affiliate’s own risk. EchoPhoto makes no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program. EchoPhoto is not responsible for any damages, injury or economic loss arising from the use of Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them. The Affiliate will indemnify and hold harmless EchoPhoto, its directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate’s or any third party’s operations or use of the Affiliate Program.
EchoPhoto may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Affiliate Agreement to this web address: https://EchoPhotoPh.com. The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program remains in compliance with this Affiliate Agreement. If any modification is unacceptable to the Affiliate, its sole recourse shall be to terminate this Affiliate Agreement. The Affiliate’s continued participation in the Affiliate Program will constitute binding acceptance of such modifications.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
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