Terms and Conditions

      1. General
        1. These Terms and Conditions (the “Affiliate Agreement” or “Agreement”) govern the Affiliate Program (“Affiliate Program” or “Program”) that is made available by Trade Ideas LLC (“Company” or “Trade Ideas”).
        2. This Affiliate Agreement constitutes the entire understanding between Trade Ideas and the Affiliate (“Affiliate”, “Referral Partner”, or “You”). This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.
        3. Please read this agreement carefully as it represents a legally binding agreement between you and Trade Ideas LLC. By submitting your application and by your use of the Affiliate Program, you confirm that you have read this agreement and agree to comply with all of the terms and conditions set out in this Affiliate Agreement.
      2. Relationship of Parties
        1. Trade Ideas 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 Trade Ideas’ behalf.
      3. Governing Law
        1. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of California, without regard to its conflict of laws rules.
      4. Arbitration
        1. All claims and disputes arising under or relating to this Agreement must first be submitted to binding arbitration in the State of California. An award of arbitration may be confirmed in a court of competent jurisdiction.
      5. Enrollment
        1. To Enroll in the Affiliate Program please do so on our Referral Partners Page located on the Trade Ideas website.
      6. Referral Tracking
        1. Trade Ideas will provide the Affiliate with specific Referral Links to link advertisements and/or other marketing content to Trade-Ideas.com. Trade Ideas will track users who have visited these Referral Links using cookies which expire after 365 days. Only users who make a purchase within this period will be considered eligible referrals of the Affiliate.
        2. The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. Trade Ideas is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies, nor for any commissions that may have resulted from properly attributed referrals if any modifications occurred.
      7. Affiliate Fees and Payouts
        1. The Affiliate will become eligible for payout at the beginning of the calendar month after the Affiliate has accumulated eligible commissions equal to or greater than $500.
        2. Payouts of less than $500 may be approved on a case-by-case basis at the Company’s sole discretion.
        3. All Affiliate fees or payments will be payable in United States Dollars only, except as otherwise determined by Trade Ideas in its sole discretion. Payment will be made through PayPal or by mailed check.
        4. If a Customer is on a recurring payment schedule, the Affiliate will continue to accumulate commissions for each paid transaction by the customer for as long as the Customer keeps that subscription active.
        5. Refunds (clawbacks): In the event a Customer requests a refund for a transaction for which the Affiliate has pending or earned commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s eligible commission balance.
        6. In the event of any activity deemed suspicious, Trade Ideas may delay the payment of Affiliate Fees by up to six (6) calendar months to verify the validity of and compliance to program terms of relevant transactions. Trade Ideas reserves the right to recalculate, disqualify, or void any referrals or Affiliate Fees in the event of any fraudulent, deceptive or otherwise illegal activity.
        7. Affiliates are responsible for any applicable taxes.
        8. Commission is subject to any applicable withholding taxes. 
      8. Advertisements
        1. Affiliates are permitted to use Trade Ideas brand and marketing resources available in the Affiliate or Referral Partner center without modification. The Affiliate does not gain any trademark, copyright or any other rights to these materials.
        2. The Affiliate may only display advertisements that contain Trade Ideas logos or service marks in good taste, in the Company’s sole decision. The Affiliate may not use Trade Ideas’ logos, marks, name, or services that portrays Trade Ideas in a false or negative light. Trade Ideas has the right to enforce immediate removal of advertisements by providing notice to the Affiliate.
        3. The Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional in accordance with industry standards and in full compliance with all applicable rules, terms & conditions, and laws.
        4. Trade Ideas may, without prior notice, require the Affiliate to remove or modify any advertisements at Trade Ideas sole discretion immediately upon relevant notification by the Company. 
      9. FTC Endorsement Compliance
        1. It is the intent of Trade Ideas to treat all of our customers fairly. Accordingly, we require all Trade Ideas Affiliates to comply with applicable laws, regulations and guidelines concerning advertising and marketing, including without limitation, the Federal Trade Commission (FTC) Endorsement Guides, which require that material connections between advertisers and endorsers be disclosed. This means that all Affiliate Sites (e.g. directories, review/rating websites, blogs, and other websites) and any email or collateral that provide an endorsement or assessment of Trade Ideas’s Products and Services must prominently disclose the fact that you receive compensation for Referred Customers.
        2. For more information and suggestions about how to comply with these guidelines, please visit our page entitled “Affiliate Disclosure Requirements and Examples.” Please note that this page is only intended to provide guidance. It does not purport to provide legal advice and it does not guarantee that you’ll be in compliance with FTC regulations should you follow the suggestions presented. You are advised to seek and obtain your own legal advice on how these rules apply to your website or other promotional activities for which you receive compensation.
        3. Trade Ideas reserves the right to withhold Commission Fees and cancel the affiliate relationship with you should we determine, at our sole discretion, that you are not in compliance with the previously mentioned guide or other FTC regulations or guides that we deem relevant.
      10. Data Security
        1. In addition to the obligations set forth in Section 4 (FTC Endorsement Compliance), Affiliate shall comply with all applicable data protection laws regarding the transmission of data exported to or from the United States or the country in which Affiliate resides, including without limitation, the General Data Protection Regulation 2016/679 of European Parliament and of the Council of 27 April 2016 (the “GDPR”). Affiliate, as a controller under the GDPR, shall also implement appropriate technical measures to ensure a level of security appropriate to the risk, taking into account the nature, scope, context, and purpose of processing any personal data. Affiliate agrees to promptly assist Trade Ideas in complying with any data subject rights request under the GDPR that Trade Ideas may receive from any individuals referred to Trade Ideas by Affiliate. Affiliate further agrees to promptly assist Trade Ideas in complying with any duties to cooperate with supervisory authorities under the GDPR.
      11. Termination
        1. Either party has the right to terminate the agreement immediately without prior notice. In the event Trade Ideas decides to terminate an individual’s affiliate status, they will be notified by email.
        2. Trade Ideas reserves the right to terminate the Affiliate’s participation in the Referral Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct or reasons that Trade Ideas, in its sole discretion, deems to be harmful to Company’s business, Company’s reputation or any other reason.
        3. Upon termination, the Affiliate will lose access to its Referral Center and forfeits all potential commissions, fees, or payouts.
        4. The Affiliate warrants and represents that its actions and its participation in the Affiliate Program are in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. Trade Ideas reserves the right to terminate the Affiliate’s participation in the Affiliate Program if Trade Ideas determines, in its sole discretion, that the Affiliate’s actions or its participation in the Affiliate Program are in violation of any laws, rules, regulations, or any requirements of governmental authority. 
      12. Modification
        1. Trade Ideas may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. 
        2. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Affiliate Agreement to its web properties, including www.trade-ideas.com.
        3. 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.
        4. If any modification is unacceptable to the Affiliate, Affiliate’s sole recourse shall be to terminate its participation in this Affiliate Agreement. The Affiliate’s continued participation in the Program constitutes binding acceptance of any and all such modifications.
      13. Limitation of Liability
        1. 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. Trade Ideas makes no representations or warranties, either expressed or implied, with respect to the Program, Or Any Service Or Information Provided Through The Program, Including, Without Limitation, Warranties Of Fitness, Merchantability, Non-infringement, Or Any Implied Warranties Arising Out Of Course Of Performance, Dealing, Or Trade Usage.
        2. Affiliate releases Company from any and all liability resulting from errors, omissions, or functional outages of its program and related tracking software.
        3. Trade Ideas is not responsible for any damages, injury or economic loss arising from the use of the 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.
        4. The Affiliate will indemnify and hold harmless Trade Ideas, 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 your use of the Affiliate Program. 
        5. We Will Not Be Liable For Any Indirect, Special, Incidental, Or Consequential Damages, Or Any Loss Of Revenue, Profits, Or Data, Arising In Connection With This Agreement Or The Affiliate Program, Even If We Have Been Advised Of The Possibility Of Such Damages. Further, Our Aggregate Liability Arising With Respect To This Agreement And The Affiliate Program Will Not Exceed The Total Commissions Paid Or Payable To You Under This Agreement During The Three (3) Month Period Immediately Preceding The Event Giving Rise To Such Liability.
      14. Representations & Warranties

        You hereby represent and warrant to us as follows:

        1. You have reviewed and understand this Agreement and agree to be bound by its terms.
        2. Your acceptance of this Agreement and participation in the Affiliate Program will not violate (i) any provision of law, rule, or regulation to which you are subject, (ii) any order, judgment, or decree applicable to you or binding upon your assets or properties, (iii) any provision of your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to you or binding upon your assets or properties.
        3. You are the sole and exclusive owner of the Affiliate Trademarks and have the power to grant to Netfirms the license to use such marks in the manner contemplated herein, and such grant will not (i) breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any third person or entity.
        4. You are not required to obtain consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party in connection with your entrance into this Agreement
        5. There is no pending or threatened claim, action, or proceeding against you, or any affiliate of yours with respect to the Affiliate Trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.
        6. During the Term, you will not include in your Affiliate Site content that is, in our opinion, unlawful, harmful, threatening, defamatory, obscene, harassing, racially, ethically, or otherwise objectionable or are in violation of our Terms and Conditions or Acceptable Use Policy.
        7. Each Referred Customer is valid, genuine, and unique and meets the criteria of a Qualified Purchase for generating a Commission Fee as provided in this Agreement.
      15. General Media Release
        1. You grant the Company a royalty-free, per­pet­ual, irrev­o­ca­ble, non-exclusive, world­wide license to (i) use, not use, cease using, repro­duce, pub­lish, edit, trans­late, mod­ify, excerpt, adapt, dis­trib­ute, pre­pare deriv­a­tive works of, pub­licly per­form, and pub­licly dis­play the Affiliate’s participation, results, or other elements of the Program alone or as part of other works in any form, media, or tech­nol­ogy whether now known or later devel­oped, and to (ii) freely and fully sub­li­cense such rights through sin­gle or mul­ti­ple tiers of sub­li­censes and sub­li­censees.
      16. Miscellaneous
        1. The Affiliate warrants and represents that he/she is over the age of 18.
        2. This Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.

Modified: July 12th, 2019



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