Spread the Foo

FooGallery
Referrer Program
Effective as of July 5, 2020

These are the Vendor’s terms relating to the Referral Program for the FooGallery Product. These terms are integrated into Freemius’ Referral Policy and the terms shall apply to this plan.

If the Vendor and the Referrer agreed to different terms outside of Freemius’ marketplace and Referral Program, then those terms shall apply.
Who can apply to become an affiliate:
Only product users can apply.
Promotion Guidelines, meaning where and how can you promote the Products:
Permitted Websites: All
Email Campaigns: ✓ Permitted
Social Networks: ✓ Permitted
Mobile Apps: ✓ Permitted
Commission Payout, meaning how do you get paid and for what do you get paid:
First or Last Cookie: First referrer to place a cookie gets the commission.
Cookie Duration: 30 Days
Commission: 30% (30 Percent of sales)
Who is Covered: All Customers
Include Subscription Renewals: No commission for subscription renewals
Are Additional Transactions Covered? No
Minimum payout threshold: $100 USD
Payout method & currency: Payouts are in USD and processed monthly via PayPal.
Freemius Referral Policy

Preamble

This referral policy is meant to formalize the relationship between our vendors, who distribute Products with our tools and channels, and referrers, people who engage in marketing and promote the vendors.

While most policies use the words “Affiliate” to refer to a referrer, we use the term “Referrer” as the term Affiliate means something completely different in our policies, and we need to ensure that all terms are identical throughout our legal documents.

This agreement formalizes the relationship between the us and the Vendors, us and the Referrers and the Vendors and Referrers. However, if a Vendor decides to stipulate a different agreement for the Referrers, we will not be a party to such agreement.

This agreement does not bind us in any sense to pay any fees to the Referrers. The Vendors are in charge of paying such fees. We solely provide a measurement mechanism for the Vendors to measure and monitor the Referrers and to ensure that all payments are made according to the actions already performed.

Each Vendor is free to determine its own program terms, and to decide which Referrer shall be entitled to participate in any activity, to determine brand guidelines and to offer registration methods.

We may provide Vendors and Referrers with dispute resolution mechanisms, and we may withhold funds from Vendors in case we receive many complaints by Referrers.

Any promotion of the Vendors’ Products will be made in bone-fide and according to guidelines we may update from time to time.

Please take the time to read the full terms, as they are the sole agreement we have with you in reference to the Referral Program.

Any definitions here are referenced from the Vendor Terms of Service.

Our Privacy Policy applies to you and is an integral part of this Agreement.
Eligibility and Registration

When you register, you state and warrant that you adhere to our eligibility terms, as stated in this section. If you are a Vendor, then you have already registered by entering into our Vendor Terms of Service, which apply to the services herein. If you are a Referrer, then the terms stated here shall also apply.
How Can You Register as a Referrer?

There are several ways to create a Referrer account in our service.

You may register (or request to register, in applicable cases) as a Referrer from the WP Admin dashboard inside the product’s settings, or software which you wish to promote. In such a case, the Vendor may decide upon your request and after reading the information in the form you filled, whether it wishes to allow you to enter into the Referral Program for its Products.

A Vendor may manually add you in its Dashboard as a Referrer, where in such a case you will be requested to confirm your participation in the Referral Program.

You may register as a general Referrer through our Referrer Dashboard and User Dashboard. In such a case, your participation in specific Referral Programs may be subject to the confirmation of the specific Vendor.
Eligibility

Corporation: If you are a corporation, you hereby warrant that you are a valid corporation, business, partnership, non-profit entity and/or government agency, which is solvent and may enter into these binding terms. You hereby warrant that the first user who opened an account is the designated agent who is authorized to enter into these terms on your behalf.

Person: If you are a natural person, you hereby warrant that you are alive, well and able to enter into an agreement. You also warrant that you are over 18 years of age.

No Proscribed State Resident: You do not reside in any proscribed state nor in any state that is embargoed by the United States department of commerce or any applicable law these include North Korea, Iran, Libya and other states that are listed in the US Embargo website.

Solvency: You are solvent and have not filed for bankruptcy, liquidation, debt arrangement or otherwise lost your ability into entering into agreements such as these terms.

Previously Restricted: You were not previously blocked or banned by us from having an account.
Authentication and Security

As a referrer, you may be requested upon signup to provide specific information such as a username and password, and to provide both us and the Vendors with information relating to how you will promote the Products, in which domains will you do so and other information.
We may also send you an email to verify your ownership of the email address which was used for registration.

One Account For One Person. It is our policy to have one account for one person, and one person for one account. You cannot hold more than one account, and you cannot allow others to access your account.

Responsibility. You are solely responsible for all actions performed in the Services with your credentials, including your username and password. Keeping your password safe is your sole responsibility. If you have any reason to suspect that your account was compromised or that there was unauthorized access to your account, you must immediately notify us, and we may work together to fix the issue.
The Services

We provide the following services as a part of the “service” and or “services”; where these terms refer to the term “Services” and/or “Service” they refer to the services provided under this agreement and defined in this article. It may add other services and functionality and/or modify some of the services according to future decisions. However, material changes in the service shall be posted.
The Referrer Dashboard, Rights & Obligations

The Referral Dashboard is the main section that you have access to. It provides you with data about campaigns, participation in specific Referral Programs, predicted payouts and other data, such as statistics.

We may update the look and feel, as well as functionality for the Referrer Dashboard, and disable or enable specific parts of it to a specific user or classes of users.
User Onboarding

We may provide you, if you are a Vendor, with the option to add specific Referrers, or to load and update new Referrers.
Program Management

We may provide you, if you are a Vendor, with an apparatus to control and manage your Referral Programs

A Vendor may determine different payment terms and program terms, such as whether Referrers are automatically approved, whether they can advertise in specific domains or on social media, whether they can use keyword advertising and pay-per-click to promote the Products, how payouts are calculated (whether it is first-to-click or last-to-click), the cookie duration and payout duration, and whether payouts are just for New Referrals or for all Referrals, and how “New Referrals” are defined.

The Referral Program will allow you to generate Referral URLs and to provide them to different Referrers.
Payments

The Referrals Commissions are made directly by the Vendors. We are not a party to such transactions and cannot ensure that a payment will be made.

Payouts are made solely after reaching a threshold of US$100 and on a monthly basis. They are calculated from the MSRP, after deduction of Refunds, Chargeback Fees, discounts and coupons and taxes.

Each Referral Program is paid by the Vendor separately.

On the tenth day of every month, alongside the payout of the Vendor Earnings, we will provide the Vendor with the data required to pay all Referrers. The Vendor, after receiving such information, is required to make all such payments to the Referrers.
Books are final

Our books and records are deemed as accurate, and any other measurement you may have of either the Referral Commissions or other metrics is null and void. Any dispute on our books and records may only be brought within 7 days of the end of the month where such error may have been claimed to occur, and we may reject it for any reason, or no reason at all.
Intellectual Property Rights and Promotion
Our Intellectual Property Rights

We reserve all rights in the Referrer Dashboard and other Intellectual Property used in the Services. You are granted a limited, revocable, temporary (for the duration of the Services) license to access the Referrer Dashboard solely for the purpose of receiving the Services and participating or managing a Referral Program.
Our right to use a Vendor’s brand

If you are a Vendor, then you hereby grant us a limited, temporary (for the duration of the services) right and license to use your name, brand, likeness and trademarks to promote and execute the Referral Program and the Services. This may include the presentation of your logo alongside our other Vendors and/or the use of your name and logo in presentations to potential investors, joint venturers or other projects.
Vendor’s License to Referrers

If you are a Vendor, then you hereby license any Referrer which participates in your Referral Program a limited, temporary license to use the Licensed Assets for the purpose of participation in the Referral Program, and to present them to third parties in the course of such participation. The license is limited for the term of the Referrer’s participation in the Referral Program and does not include the right to create derivative works of the Licensed Assets.
Using Referrer Data

If you are a Referrer, you hereby provide us the permission and right to use data and information relating to the revenues which you generated while participating in a Referral Program to: (i) conduct research and improve the Services; (ii) use them to display statistic, non-identifiable information when promoting the Services or a Referral Program; (iii) create case studies, where in such case your information shall be anonymized and without any identifiers such as name.

If you opt-in to our leaderboard section and Referrer marketplace, we may post your name with an approximate position in relation to other Referrers and show our Vendors and Referrers statistical information, as long as it doesn’t provide actual payments and revenues.
Acceptable Use Policy

We employ a strict Acceptable Use Policy, which a violation of may cause termination of your account and suspending all funds held until further investigations (or request that the Vendor suspend such funds).

The Acceptable Use Policy limits: (a) the use of the services to a reasonable level; (b) a limit on using the service with harmful content, such as content infringing on the rights of third parties or the law (c) use of the services to compete with us or with our Vendors; (d) reselling or relicensing the service to others; (e) use of the services to commit a crime; (f) use of the services to access unauthorized material; and (g) generation of false clicks or traffic.
You shall not: (i) copy, distribute or modify any part of the service without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (as defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the service; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the service; and/or (v) circumvent, disable or otherwise interfere with security-related features of the service or features that prevent or restrict use or copying of any Content.

If you are a Referrer, we consider the following to be a “Bad behavior”, which shall result in the suspension of your account and withholding of all funds: (i) Competition: if you are using the services to promote two competing Vendors or Products without their prior written consent; (ii) the use of spam, or automated means to generate traffic or promote the Products; (iii) the use of keyword advertising in a manner that competes with the Vendor’s own keyword advertising (such as bidding on words the Vendor is, or may, bid on), including any keyword advertising which is based on any Vendor’s trademark; (iv) the use of domains which include the Vendor’s trademark (even if unregistered) without its prior written consent; (v) any misleading advertisements relating to the Products; (vi) using the Referral Program to receive self-discounts or to provide others with cashbacks; or sharing your Referral Commissions with others; (vii) posting fake or false reviews of the Products; (viii) operating websites that offer discounts or coupons solely for the purpose of promoting the Products; (ix) the use of Referral URLs to track people.

You may not post information relating to the Referral Commissions in public and any Referral Commissions are confidential.
Cookies and Referral URLs

In order to properly track our Referral URLs, we are required to place a cookie on the end-users’ browsers. It is your sole responsibility to notify and obtain the consent of your websites’ visitors to the placement of such cookie. Any domain which uses the Referral URLs shall be required to have a prominent privacy policy that includes the following text:

“In order to participate in the Freemius Referral Program, we are required to place a cookie to track your visit in our website, which is meant to identify you as originating from our domain and in order to calculate the revenues which we may be entitled to under the Freemius Referral Program. You may opt-out from such cookie at https://freemius.com/privacy/cookies/ . This cookie is not used for behaviral targeting”.
Reporting Non-Payments

If you are a Referrer and a Vendor refused to pay you within a timely manner, you may report it to us. We will open an inquiry and if we find your claim to be authentic we may withhold funds which the Vendor is entitled to until he resolves this issue.
Report a Referrer

If you believe that one of the Referrers is abusing the Referral Program or is otherwise in breach of these Terms, you may report it so that we may open in inquiry. If found correct, we may close its account and request the Vendors to freeze its Referral Commissions.
Bug Bounty Program

We may employ a bug bounty program, providing ethical hackers with incentives to responsibly disclose information about flaws in our system. If you believe you found a bug you may contact us via email with a full disclosure of the flaw. If reported, we shall pay a sum between US$50 and US$5,000, dependent on the severity of the flaw and its effect.

Because of anti-money-laundering requirements, we shall not be able to pay any sum to anonymous contributors. If you provide us with anonymous information, we shall not provide you with a reward. We may also refuse to make payments where we cannot transfer the money via our usual operators, or when it is not commercially feasible.
Support

We provide you support through digital channels. Such support shall be provided in our regular business hours. Our support shall assist you in any service related question and shall also provide you with walkthroughs in the service. In any case of service malfunction, Our support shall also attempt to resolve the malfunction in a timely manner. Phone support shall be provided, however, solely to specific paying users.
Warranty and Liability

Warranty: WE DO NOT WARRANT FOR SERVICE AND SUPPLIES IT ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND UNDER YOUR LIABILITY. WE MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS AND (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE AND (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE AND (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

Liability: FOR NO CASE AND FOR NO REASON SHALL WE BE HELD LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, PHYSICAL OR SPECIAL, TO YOU, ANY OTHER USER OR ANY THIRD PARTY DUE TO ITS MISPERFORMANCE OF DUTIES HEREIN. WE PROVIDE THE SERVICE ON AN AS-IS BASIS AND SHALL NOT BE HELD LIABLE, TO THE EXTENT PERMITTED BY LAW, BY ANY CASE OF MISCONDUCT, NEGLIGENCE, GROSS NEGLIGENCE, MALICE OR ANY OTHER MEANS, TO ANY DAMAGES OR LOSS OF PROPERTY, VIRTUAL PROPERTY, REPUTATION AND BUSINESS REPUTATION, USER ACCOUNT INFORMATION INCLUDING LOGIN INFORMATION, LOSS OF PROFITS, LOSS OF GOOD NAME, ALL RESULTING FROM THE USE OR INABILITY TO USE OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATION OF LIABILITY. IN SUCH CASE, THEN OUR LIABILITY SHALL BE LIMITED SOLELY TO THE SUMS PAID BY OR TO YOU DURING THE 90 DAYS PRIOR THE EVENT CAUSING THE DAMAGE. YOU ACKNOWLEDGE THAT THIS DISCLAIMER OF LIABILITY WAS A MATERIAL PART OF OUR TERMS AND THAT IF WE WOULD HAVE BEEN REQUIRED TO BE LIABLE FOR SOME PART OF THE SERVICE AND/OR TO PROVIDE ANY WARRANTIES, THEN THE FEES SET FORTH IN THIS AGREEMENT WOULD HAVE BEEN DIFFERENT THAN STATED.
Indemnification

You hereby warrant and agree to hold us harmless and to indemnify us for any damage, loss, expense, legal expense or cost incurred as a result of (i) your use of the services in direct violation of these terms, including any false representation; or (ii) any claim, complaint or notification filed maliciously or negligently filed by you against any us or other users where no such claim had any legal standing.
General

Amending these terms: We may amend these terms from time to time, provided that you shall be informed by electronic mail upon such change. Such changes shall not come into effect until at least 14 days following the amendment and shall not have any retroactive effect on your rights.

Survival: Upon termination of these Terms of Service, the stipulations relating to limitation of user generated content, liability, warranty, indemnification, governing law and jurisdiction shall survive.

Assignment: You may not assign any of your rights and/or obligations under these terms to any third party. We may assign its rights and obligations under these terms, by providing you with a 30 day written notification.
Termination

Terminating Your Service: We shall have the right to terminate your use of the Service or to terminate the Service at any time and by providing you, or the entirety of users, a 7 day prior notice. Notwithstanding, we may terminate your use of the service at any time and without prior written notice in any case where it believes that you breached these terms and such breach may cause us irreparable harm unless your account is terminated immediately. Upon termination of these terms, you shall cease using our services.

Termination by a Vendor: A Vendor may terminate its Referral Program at any time, and in such event he shall be required to pay the Referrers solely for the Referral Commissions generated until such termination.
Additional Terms

The stipulations of Section 18 to the Vendor Terms shall apply both to the Vendor’s relationship with us and to the Referrer’s relationship with us and any dispute between the Referrer and us shall be brought according to those stipulations as if it were a Vendor.

The stipulations of Section 19 to the Vendor Terms shall apply to the Referrers as well, and shall be read as a Referrer is a Vendor.
Definitions

“Licensed Assets” shall mean the images, texts and other media provided by the Vendor in order to promote the Products.

“New Referrals” shall mean Referrals that have not purchased or licensed the Products previously, or were not registered to the Vendor’s service.

“User Dashboard” shall mean the user facing dashboard meant to be used by Referrers and Customers to manage their assets, licenses, products and other items.

“Referrals” shall mean persons who purchased the Products after clicking the Referral URLs, in accordance to the Referral Program.

“Referral Commissions” shall mean the payments made by Vendor to the Referrer in accordance to the terms of the Referral Program.

“Referral URLs” shall mean unique identifiers provided by us to each Referrer which allows the placement of a cookie on the end-user’s device to track its purchase of a Product.

“Referral Program” shall mean the terms stipulated by the Vendor where Referrals are entitled to Referral Commissions.

“Referrer Dashboard” shall mean the webpages which include the ability for Vendors and Referrers to control their participation and use of the Referral Program