Sellcodes.com Terms of Use for Referring ("Sharing")

Last Updated:  August 7, 2017 (Version 1.0)

Introduction

1. Sharing is worthwhile: If you know other people who might be interested in Sellcodes.com in general (either as Buyer or Seller), or in specific items on our platform, then our Referral (or ‘Sharing’) Program provides a very lucrative incentive for you to spread the word. We are making referring really attractive. These Terms of Use for Referring ("Referrer Terms") govern the sharing program.
   
   
2. Terms & eligibility: These Referrer Terms lay out the terms which specifically apply to you as a ‘Referrer’ (we may also refer to you as ‘Sharer’). As a user, this means, all of the terms together that you agree to include: the Terms (for all of our members and visitors to our website), our Seller Terms (for our members who sell on our site), these Referrer Terms (for our members who participate in our affiliate program), and our Privacy Policy.
   
   Note: The fact that we may immediately generate sharing (referral) links after you accepted the Referrer Terms does not imply that we may not re-evaluate your eligibility to the Referral Program at a later time. We may revoke your membership in the Referral Program at any time at our sole discretion, especially if you violate the referral rules as described in chapter ‘Referral Rules’ below.
   
   
3. Expressions: When we say ‘you’ in these terms we are referring to you as Referrer. Other expressions we use in these terms have the same meaning as defined in the General Terms.
   
   
4. Referrer Terms Updates: We expressively reserve the right to change these Referrer Terms from time to time without providing you with direct notice, although we will note the most recent version of each of our terms at the top of the Referrer Terms. This will help you keep track of the latest version of the Referrer Terms. By accessing our site, you acknowledge and agree that it is your responsibility to review this site and these Referrer Terms from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Referrer Terms and agreement to abide and be bound by the modified Referrer Terms.
   

Referring basics

1. Referral links: In order to earn referral commissions, you need to use the Referral Links we provide to you for that purpose; just copying the urls you see in the browser when you’re on a Sellcodes.com page is not sufficient, because those links are generic links where we cannot track that users were referred by you when they clicked on them. Referral Links ensure that we are able to accurately track and report your referrals.
   
   
2. What you refer: You can either:
   
   a.    Refer a Sellcodes.com new User or new Member. For example, you can click on the this share link, which will direct you to the sharing page where you’ll see the referral link you need to use.
   
   Referring the platform in general will earn you sharing commissions if the user who clicked on your sharing link signs up on Sellcodes.com as a new user and performs actions which lead to transactions (i.e. either buys or sells items) within 180 days of sign-up. See the section on earnings below for more information on your referral commissions in this case.
   
   b.    Refer a specific item on Sellcodes. For items which are listed in the Sellcodes directory, you will see a little “Share & earn cash”-link next to their titles on their offer pages. Click it to get to the page containing the link which allows you to share the specific item.
   
   Referring a specific item will earn you sharing commissions if a new or existing user buys the specific product which you shared as a result of your sharing activity. In addition, if it is a new user you will also earn the referral commissions as stated in 6.a) above. See paragraph 8 below for more information on your referral commissions.
   
   For both scenarios above, in the rare event that a referred user has clicked on the same type of referral link from another referrer, as well as yours (e.g. the referred user clicked on both your general referral link, as well as on one generated for another referrer) then the referrered user counts as referred by you if your referral link was clicked on last.
   
   
3. Spreading the referral links: You can place the referral links anywhere on your website, non-spam emails or social media accounts provided you adhere to their terms of use. See the Referral Rules below for more details on how you can spread the referral links.
   
   
4. Earnings from referring: You will receive the following commissions from referring:
   
   a.    40% of the net sales price of every specific item you referred: if a new or existing user clicks on your item-specific referral link - as mentioned in paragraph 6.b) -  and purchases that item, then you will earn referral equal to 40% of the net sales price. 
   
   You still receive the 40% if the Buyer has also clicked on an item-specific referral link from another Referrer (pointing to the same item) if the Buyer clicked on yours last.
   
   Note: you do not earn the 40% if the Buyer also clicked on a ‘seller link’ generated for the Seller of the product (‘direct sale’). However, this is a very rare case.
   
   b.    30% of the net sales price of every other purchase your referrals make within 6 months (180 days) after joining: If you made new users join Sellcodes.com – either by sharing the platform in general as mentioned in paragraph 6.a.), or by sharing a specific item as mentioned in 6.b.) – then you will earn 30% of the net sales price of every purchase they make within 180 days after joining.
   
   Note: you only receive the 30% if the purchase came about because of your referring activity. In the (rare) case where the Buyer was referred to the specific item which he bought by another referrer (via a “item-specific referral link’) or the seller (‘seller link’), the purchase would also have come about without our referral activity and therefore does not count as a referral by you. 
   
   c.    20% of the net sales price of every product your referrals sell within 6 months (180 days) after joining: If you made new users join Sellcodes.com – either by sharing the platform in general as mentioned in paragraph 6.a.), or by sharing a specific item as mentioned in 6.b.) – then you will earn 20% of the net sales price of every sale they make within 180 days after joining.
   
   Note: you only receive the 20% if the purchase was not a result of a referral as outlined in paragraphs 6.a) and b.) above, or if the seller pointed the user directly to the product via a ‘seller link’  (‘direct sale’).
   You may only receive one commission per transaction. In a case where you qualify for several of the scenarios 8.a), b) and/or c.) you will receive the largest of the commissions you’re eligible for.
   
   We are solely responsible for determining whether you qualify for a commission and what rate is applicable to such commission at our sole discretion. We retain the right to refuse paying out commissions if there is reason to believe that the underlying sale was fraudulent in any way or was otherwise in violation of the terms of this Agreement (see section Referral rules below).
   
   
5. Link-tracking and cookies: All link-tracking as mentioned in section 8 is performed by cookies. This is market standard. The cookies have a lifetime of 3 months. If a cookie cannot be set (for example if the user has cookies disabled in the browser) or if the cookie lifetime expired then the click cannot be tracked and will therefore not count.
   
   For example, if a user clicks on an item-specific referral link generated for another Referrer on Jan 1st 2017, and the same user then clicks on your item-specific referral link 4 months later, on May 1st 2017, then you will earn the 40% referral commissions even though the user has clicked on another referral link before (the cookie set from the first click expired, so it’s not valid by May 1st 2017 anymore).  
   
   
6. Wallet: When you earn commissions from referring, those monies will be transferred to your digital wallet. See the General Terms to learn more about your wallet and payout modalities.
 

7. Holding period: All earned commissions are subject to a 90-day holding period before becoming eligible for payout to your wallet
 
8. Refunds and chargebacks: If you received referral commissions for a sale which was later refunded or reversed, we reserve the right to deduct the commission you earned from that sale from your wallet. The same applies if there was a chargeback on the account of Buyer of the product, for example by the Buyer’s credit card company.
   

Referral Rules

The sharing program provides an opportunity for you to earn significant referral commissions. However, you need to play by the rules. The rules are transparent and fair, so it shouldn’t be difficult to adhere to them. Be clear though that we do not tolerate offenders. If you violate the rules, we reserve the right to take measures in our sole discretion, which can range from disabling your referral links, all up to immediate account termination and no payouts (in very severe cases). So stick to the rules, and earn a nice (extra) income!

1. No self-referrals: You cannot refer an item to yourself, or to somebody who is related to your business or company, or collaborate with a friend which is aimed at taking advantage of the referral system. If you do, we delete your account immediately.
   
   
2. No spamming: Advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial boards and cross-posting to multiple boards at once.
   
   In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Sellcodes.com so long as the recipient has expressly consented to receive emails from you via a double opt-in process, recipients have the option to remove themselves from future mailings, and your emails are fully CAN-SPAM compliant as well as compliant to the law of your recipients’ country of residence.
   
   Also, you may post to boards to promote Sellcodes.com so long as the boards specifically welcome commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Sellcodes.com.
   
   If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Sellcodes Referral Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
   
   
3. Unsuitable sites: Please don’t place the referral links on a site which:
   
   a.    Promotes sexually explicit materials;
   b.    Promotes violence;
   c.    Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
   d.    Promotes illegal activities;
   e.    Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law;
   f.    Includes "Sellcodes" or variations or misspellings thereof in its domain name;
   g.    Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion;
   h.    Contains software downloads that potentially enable diversions of commission from other referrers in our program or
   i.    Was created to resemble Sellcodes.com or otherwise confuse users and make them believe that we endorse that site. 
   
   
4. Respecting copyrights: You cannot just copy and paste copyrighted content, such as the picture(s) or description of the item(s) you are promoting, on your site. If you want to use this material, please get in touch with us so that we can give you the approval. 
   
   
5. Proper disclosure: These terms are governed by the laws of the Republic of Malta; however, we nonetheless ask that you comply with all US Federal Trade Commission’s regulations with respect to advertising. This includes, but isn’t limited to, Federal Trade Commission 16 CFR Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising. This makes it mandatory for referrers to disclose material connections between advertisers and endorsers. Therefore, any website that purport to provide an endorsement or assessment of an advertiser (in this case Sellcodes) must clearly visibly disclose the fact that financial or in-kind compensation is provided from the advertise.
   
   
6. No referrals from Sellcodes sites: Placing a referral link on a webpage which belongs to Sellcodes.com is not allowed.
   
   
7. No misuse of our name: You are not permitted to bid in your Pay-Per-Click (PPC) campaigns on keywords such as Sellcodes.com, Sellcodes, www.Sellcodes, www.Sellcodes.com, and/or any misspellings or similar alterations of these, be it separately or in combination with other keywords. The same applies to the use of domains which contain misspellings of our name. This would be considered as trademark violation, and will lead to a ban from our Referral Program.
   
   We will do everything possible to contact you prior to the ban. However, we reserve the right to expel any trademark violator from our Referral program without prior notice, and on the first occurrence of such PPC bidding behavior.
   
   
8. No pop-ups which are not result of a click: Do not place the referral link in windows or pop-ups which are not the result of a direct click by the end-user.
   
   
9. Only English-speaking sites: Do not place the referral link on a page written in any other language than English. If you do want to place the referral link on a non-English site, please contact us at info (at) Sellcodes (dot) com to receive written approval.
   
   
10. Non-U.S. Persons. If you are a non-U.S. person participating in the Referral Program, you agree that you will perform all services under these Referral Terms outside the United States.
    
    
11. Other prohibited referring techniques:
    
    (a)    Do not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to users from the time the user clicks on a referral link until such time as the user has fully exited Sellcodes’s site (i.e., no page from our site or any Sellcodes.com’s content or branding is visible on the end-user’s screen).
    
    (b)    As used herein a “Parasiteware™” and “Parasitic Marketing” shall mean an application which performs one or more of the following:
    
    i.    through accidental or direct intent causes the overwriting of referral and non-referral commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email;
    ii.    intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, Bing, Yahoo, and similar search or directory engines);
    iii.    set commission tracking cookies through loading of Sellcodes site in IFrames, hidden links and automatic pop ups that open Sellcodes.com’s site (“cookie stuffing”);
    iv.    targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing;
    v.    removes, replaces or blocks the visibility of referral banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
    
    (c)    You may not place Sellcodes.com links in newsgroups, chatrooms or guestbooks. You agree to only place Sellcodes.com links such that its placement is not misleading.
    
    
12. Limitations of Liability and Indemnity. Our liability to Referrers is limited both under these Referrer Terms and as it is for all Sellcodes.com users pursuant to the Terms.
    
    
13. Force Majeure. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of force majeure, which includes but may not be limited to: strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
    
    
14. Play fair: Above and beyond the rules listed above, your referral activities should always meet our standards of fair play which we define in our discretion. Especially any attempts to mislead users or fraud will not be tolerated. We reserve the right to cancel and terminate any Referral Program user for any reason at any time without compensating the user.