This agreement was last updated on September 26, 2017.
The following terms and conditions govern the Kibly Affiliate Program (the “Program”) and you agree that by signing up to be an affiliate, you shall be bound by the following terms and conditions (the “Terms”).
Please Read Carefully Before Singing Up With The Program. These Terms are a legal agreement between Kibly LLC (“KIBLY”, “we”, “us”) and You (the “Affiliate”, “you” “your”). We reserve the right to update and change the Terms from time to time without notice. Any amendments, modifications, enhancements or changes to the Program including the release of new features and resources made available by us from time to time shall be subject to these Terms. Continued use of the Program after any such changes shall constitute your consent to such changes. Accordingly, if at any time you do not agree to be subject to the Terms of the Program, you may no longer use or access the Program. You can review the most current version of the Terms at any time at: http://kibly.com/affiliate/
Account Registration & Terms
You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign-up process for an Affiliate Account (the “Account”). The Program is only available to individuals who are at least 18 years old.
Each Account is for use by either a single individual user or legal entity. You agree that KIBLY has the right to collect, store, and use non-sensitive data that can be uniquely identified to a user’s customer. Responsibility for the security of any user names and passwords issued rests with you.
Referral Links & Promotion
Once you have signed up for the Program you will be provided with a URL link that must be used to identify you when placing a link from your site, email or other communications to the KIBLY website. It is your responsibility to ensure each such link is correctly formatted. We may also provide graphical images that can be used within the links to promote KIBLY. You may not modify these images in any way. We reserve the right to change the images at any time without notice.
Affiliate links must point to the home page of the KIBLY website. Links to other pages inside the KIBLY website will not earn credit.
You may not use our name or graphics in any bulk email whatsoever unless we have given our advanced written consent. We may terminate the Agreement if any meaningful spam complaints naming us or our services result from your marketing activities.
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship between us and you or any other person or entity, except as expressly permitted by this Agreement.
Every individual or business who buys a service through this Program is deemed to be a customer of KIBLY. For the sale of a subscription to be eligible to earn a referral fee, the prospective KIBLY customer you are referring (the “Customer”) must click-through a link from your site, email, or other communications to the KIBLY and sign up for the free 14-day trial and then continue as a customer for an additional 30 days. After this total of 44 days (i.e. the 14-day free trial and the 30 additional days) your referral fee will be credited to you. If they fail to continue as a customer after the 14-day trial and later return without following your link, you will not earn a referral fee.
We will only pay referral fees on links that are automatically tracked and reported by our systems. For our systems to track the referral, you must have cookies enabled. We will not pay referral fees if someone says they signed up through you but it was not tracked by our system.
The referral fee structure is subject to change at our discretion.
We reserve the right to disqualify referral fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on your involvement in this Agreement and shall be the responsibility of, and payable by you.
Accrued referral fees are paid via credit, which is 50 emails (a $10 value) or PayPal only upon notification to us that you wish to cash out and only when your accrued referral fees total $75 or more. Specifically, once you receive a balance of $75.00, you are able to receive $75 in the form of a check or PayPal transfer. In order to cash out your referral fee balance and receive payment, you must contact us at [email protected] Any non-paid balance will continue to accrue until you notify us and request such payment.
Pricing & Availability
KIBLY exclusively determines the prices to be charged for Services sold by KIBLY under this Program. Services prices and availability may vary from time to time.
KIBLY, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Program, or any other KIBLY service, for any reason at any time. Such termination will result in the deactivation or deletion of your Affiliate Account, and the forfeiture and relinquishment of all potential or accrued referral fees in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. KIBLY reserves the right to refuse service to anyone for any reason at any time. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the KIBLY website and all our images and other materials provided under the program.
Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.
You agree to use the Program for lawful purposes only. You may not use the Program for any illegal or unauthorized purpose, nor violate any federal or state laws (including but not limited to copyright laws).
You agree that you will not use the Program to earn referral fees on your own Account(s) of the KIBLY service. You agree not to take any action that might compromise the security of the Program, render the Program inaccessible to others or otherwise cause damage to the Program, any KIBLY owned product service, or KIBLY website.
Limitations of Liability
KIBLY, its officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Program.
In the event KIBLY is found liable, the total liability of KIBLY to you for all damages, losses and causes of action whether in contract, tort (including but not limited to negligence) or otherwise shall under no circumstances not exceed the amount paid by you in the past three (3) months, if any, or $100, whichever is less.
Any dispute or claim that you may have with KIBLY, you agree to first contact KIBLY and attempt to resolve the dispute with us informally. If KIBLY is not able to resolve the dispute with you informally, we each agree to resolve any dispute (excluding claims for injunctive or other equitable relief) relating to this Agreement by binding arbitration by the American Arbitration Association (“AAA”). The parties hereto each agree to be bound by AAA’s rules and procedures. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Idaho and such arbitration shall be held within the State of Idaho, and will honor all claims of privilege recognized by law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND KIBLY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
All notices given by you to us must be given to KIBLY at [email protected] We may give notice to you at the e-mail address you provided to us when registering. Notice will be deemed received and properly served 24-hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
By accepting this Agreement, you irrevocably agree to indemnify, defend, and hold KIBLY and its affiliates, contractors, directors, officers, employees and agents harmless from and against all claims, judgments, costs, expenses, liabilities and attorney fees arising out of or related to (a) any third party claim resulting from a breach by you of any of your covenants, representations or warranties contained in these Terms of Service; and/or (b) your use of the Site and/or the Service; including but not limited to your violation of this Agreement.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Both parties agree that this Agreement is the complete, exclusive and entire agreement and understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. KIBLY may change the terms of this Agreement at any time for a variety of reasons. The section headings and titles in these Terms and this Agreement are for convenience only and have no legal or contractual effect.
Choice of Law and Forum
The enforcement and the terms of this agreement shall be interpreted under the laws of Idaho. KIBLY and you agree to submit to the personal and exclusive jurisdiction of the courts located in the State of Idaho.