Last Updated on May 12, 2021
Please read these Terms carefully. By using Visme or signing up for an account, you’re agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement.
These “Terms of Use” (sometimes referred to as this “Agreement”) constitutes a legal agreement between you and Visme, a service of Easy WebContent, Inc. (“Visme”, “Easy WebContent”, “we,” or “us”). You are a Partner (“Partner”) (or will become a Partner if you agree to our Terms of Use by submitting an account via our partner Sign-up Form). The “Term” is the time during which you are entitled to use our system to create and deploy our services. If an individual purports, and has the legal authority, to sign these Terms of Use electronically on behalf of a the company or client, “you” refers to the Partner or affiliate. If not, “you” refers to the individual signing hereon. You are responsible for assuring that all the terms and conditions of this Agreement are complied with. By submitting the form to join Visme, you will be agreeing to the terms of this Agreement. In addition, by submitting that form, after typing in your name, E-mail, or other indication of your identity, you do confirm to us that typing in such indication of identity constitutes your “signing” of this Agreement for all purposes under applicable law. Any individual submitting the form on behalf of another individual or entity, listed as the Customer above, does hereby represent and warrant that such agreement is being made with full authority.
Terms and Conditions in a nutshell:
– You are agreeing to sign-up as an affiliate Partner of Visme to promote Visme services in exchange for commission based on valid lead sign-ups.
– You promote Visme in a lawful and professional manner and will not make up false or untrue statements to promote the service.
– You do not use Visme service to create unlawful or malicious content, add external images and assets unless you have permission or are authorized to use.
– You cannot resell Visme services unless you are signed up as a Partner or have direct permission from us. Visme will not be branded under another name by you. It will remain “Visme”.
– Visme has the right to suspend and/or cancel your account if it finds use of service for inappropriate material that is pornographic in nature, illegal activity and information that is inappropriate.
Visme Partner Terms and Conditions in detail:
1. General Terms
These terms regulate the provision of all services operated under Visme website https://www.visme.co, and all sub-domains associated with the service (the “Service”). Your use of any Service is subject to these Terms and Conditions. Visme holds the right to update and change these terms at anytime without notice or acceptance by you. By signing up for the Service you fully accept these Terms and Conditions.
2. Enrollment in the program
2.1 By enrolling in the Program you agree that, at the time of registration, you will provide accurate and complete Registration Data and that you shall inform us of any changes in your registration data. Registration Data means the information provided by the Affiliate when registering for enrolment in the Program;
2.2 We may, at our sole discretion, review your website following your acceptance of these Terms & Conditions. You will be informed within 10 business days of the outcome of your application. Following your acceptance of these Terms & Conditions, you will receive further instructions and guidance to allow you to commence marketing our goods.
2.3 We may, at our sole discretion, choose to reject any application for any reason (and are under no obligation to disclose such reasons). Reasons for which an application may be rejected include, but are not limited to, content on your website that:
– is in any way unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory or otherwise objectionable;
– facilitates or promotes violence, terrorism, or any other criminal activity;
– is sexually explicit; or
– infringes or assists or encourages the infringement of any intellectual property rights belonging to any party.
2.4 Nothing in these Terms & Conditions shall constitute, or be deemed to create, a partnership between the Parties; nor, except as expressly provided, shall it designate, or be deemed to designate, any Party the agent of any other Party for any purpose.
2.5 Subject to any express provisions to the contrary in these Terms & Conditions, you shall have no right or authority to and shall not do any act, enter into any contract, make any representation, give any warranty, incur any liability, assume any obligation, whether express or implied, of any kind on our behalf or bind us in any way.
3. Services
The service is a web based service and allows users that register for an account to create digital content in form of Presentations, Infographics and other forms of visual content. Once the content is created using the Service it can only be published in the Visme hosting environment, embed to a website or downloaded for offline use depending on service level.
You understand and agree that Visme may implement and establish limits concerning the Service and may modify such practices from time to time without notice to you.
4. Responsibilities of Partner
4.1 Partners will do their best to promote Visme using the creative materials provided by Visme or approved by Visme.
The Visme Partner will use its best efforts to (a) promote and market Visme and (b) identify for Visme prospective Leads. In no event shall the Visme partner engage in any marketing or promotional activity related to Visme in any area, location, territory or jurisdiction outside of the Territory as defined by Visme from time to time. Visme Partners shall bear all costs and expenses for such activities unless otherwise determined by Visme, in its sole discretion.
4.2 Creatives
All Creative will be solely provided by Visme alone except where agreed to by Visme in writing in advance. Visme will provide the Visme Partner with copies of or access to Creative. The Creative is provided
“as is” and without warranty
of any kind.
4.3 Your Responsibilities
As a Visme Partner, you agree that:
4.3.1 You are responsible for providing us with full and accurate account information and for keeping that information up to date. Such information might include but is not limited to: contact details, payment details, tax information, and any other details we may require. We reserve the right to request additional data regarding all the websites where you promote Visme and the promotional practices you use. Failure to provide accurate information may result in exclusion from the Program, suspension or termination of your Affiliate account, and forfeiture of any commissions.
4.3.2 You should not create more than one Affiliate account.
4.3.3 You should act in good faith to refer customers in good standing.
4.3.4 You cannot refer yourself, and you will not receive a commission on your own accounts. You should not use our Program to refer to companies that you own or in which you have shares or other interests.
4.3.5 You should not take actions or make recommendations to your referrals that result in a potential revenue loss for Visme
4.3.6 You should not engage in incentivized programs and business-opportunity sites, using marketing practices that might be unethical or likely to attract customers, not in good standing.
4.3.7 You should not use on behalf of your referrals or encourage your referrals to use on their Visme accounts any copyrighted or third-party material without the proper licenses.
4.3.8 You should not copy, alter or modify any icons, buttons, banners, graphics, files or content contained in Visme’ Links, including but not limited to removing or altering any copyright or trademark notices, without prior written approval from us.
4.3.9 You should not engage in any blackhat seo/spam link building techniques in order to generate more referrals for Visme
4.3.10 Post ads on offensive, illegal, hateful, pornographic, or otherwise distasteful websites.
4.3.11 You agree not to violate any applicable law.
4.3.12 If we detect a pattern in your affiliate practices that in our reasonable opinion violates any aspect of the T&C, we reserve the right to suspend or terminate your affiliate account and cancel all outstanding commission payments due.
4.4 Affiliate Advertising. Inappropriate ways of advertising include, but are not limited to:
4.4.1 Using any illegal or spam method of advertising, e.g. unsolicited email, unauthorized placing of the link in forums, newsgroups, message boards etc.;
4.4.2 Bidding on keywords and phrases containing the “Visme” trademark, or variations or misspellings of the trademarked term on Pay per Click or Pay per Impression campaigns on the search engines (Google, Yahoo, MSN, Ask, Bing or others) without our prior approval. You are not allowed to use the Visme Website(s) as display URL in PPC ads and to direct-link or redirect to the Visme Website(s);
4.4.3 Using non-unique copyright infringing content to promote Visme;
4.4.4 Using traffic generated by pay to read, pay to click, banner exchanges, click exchanges, PPV advertising, pop-up/under, or similar methods;
4.4.5 Providing cash backs, rewards or any other kind of incentives to obtain the sale without our prior approval;
4.4.6 Offering price savings methods, including coupon(s), voucher(s), discount codes, or added value offers without our prior approval;
4.4.7 Using our advertising and promotional materials, trademark or name in a way that negatively affects our image;
4.4.8 Using iframes or any other techniques or technology that places your affiliate tracking cookie by any means other than an actual click-through;
4.4.9 Using link cloaking or masking techniques or technology with the goal to promote Visme on websites and/or networks not explicitly listed in your affiliate profile and hiding that traffic source;
4.4.10 Your website(s) must NOT contain lewd, obscene, illegal or pornographic material or any other material that is deemed to be objectionable. This includes, but is not limited to, bigotry, hatred, pornography, satanic materials, trademark and copyright materials, all content of an adult nature, etc. The designation of any materials as such is subject to our reasonable opinion;
4.4.11 Your domain name(s), company name, logo, trademark, product(s), project(s), service(s) must NOT contain keywords and phrases containing the “Visme” trademark or any other variations or misspellings confusingly similar to Visme trademark, name, logo or domain name, without our prior approval;
4.4.12 Your domain name(s), company name, logo, trademark, your product(s), project(s), service(s) must NOT contain keywords and phrases that contain or are confusingly similar to third-party trademarks, names, logos or domain names, unless you have been duly authorised by the trademark owner.
4.4.13 Visme shall have the sole right to decide if a promotional method you use is appropriate. The use of any advertising method that we consider inappropriate may result in warning, suspension or termination of your affiliate account and cancellation of all outstanding commission payments due.
5. Website Links
5.1 In your Affiliate Dashboard will be the requisite materials for a hyperlink to our website. These materials will include the HTML code for the link and/or a selection of graphic files to which the HTML code should be applied.
5.2 The HTML code as it appears in your Affiliate dashboard must be copied exactly and not altered in any way. Failure to comply with this condition may result in your receiving no credit for sales of Service Packages that are generated through your website
5.3 Under no circumstances may any of the graphic files provided by us be modified in any way without our prior written authorization. You may not use graphic files of your own to link to our site.
5.4 All graphic files that we may provide for use as links may be displayed throughout your website as you deem appropriate, subject to our prior consent (which shall not be unreasonably
withheld) which must be obtained in all cases. We reserve the right to request the alteration or removal of a link from your website.
5.5 You are required to assume full responsibility to maintain all links to our website from your website.
6. Site Maintenance and Content
6.1 Each Party shall be exclusively responsible for maintaining and updating its own website. Subject to the provisions of this Clause and Clause below, neither Party shall have any obligations to the other Party in relation to the maintenance or content of their website.
6.2 Neither Party may host any content that:
6.2.1 is in any way unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory or otherwise objectionable;
6.2.2 facilitates or promotes violence, terrorism, or any other criminal activity;
6.2.3 is sexually explicit; or
6.2.4 infringes or assists or encourages the infringement of any intellectual property rights belonging to any party.
6.3 Neither Party shall be under any obligation to pre-screen any content added to their website by third parties; however in the event that either Party receives from the other a written notification of any content that falls within that described in Sub-clause 6.2 of this Agreement, such content must be removed within 5 Business Days of receipt of such notice.
6.4. The affiliate cookie life has a time span that starts with the user’s click on the affiliate link and ends on the 60th day
7. Fees and Payments
The Visme partner will receive 25% recurring commissions for the referred customers who signed up for paid Visme accounts. Visme will pay these commissions monthly via Paypal. The minimum fee payout is $20.
Visme pays referral commissions in perpetuity (that is, as long as the new customer remains a paid customer of Visme).
Visme partner shall be entitled to receive the Fees as set forth below under the Visme Partner Terms and Conditions (the “commission” and/or the “partner Fees”). The Fees shall be due on a periodic basis in accordance with the date of sign up to the Partner Program or time of the month. As a rule, this month’s commissions will be paid 45 days after this month ends. All payments are subject to risk analysis considerations and Anti-Money Laundering procedures.
Visme reserves the right to demand and receive information about any Lead and to assess the competency of such Lead for payments. Visme reserves the right to modify the Fee structure and/or the payment terms at any time upon reasonable advance notice to Visme Partner. Visme shall not be responsible to pay any commissions for a Lead created or owned in whole or in part by a Visme Partner.
Visme is not liable for any taxes or other fees paid in accordance with purchases made from the user using the Service at Visme. The user takes full responsibility for all taxes and fees associated with the Service.
Visme has the right to alter commissions with notice to the partner.
8. Termination
Visme may terminate this Agreement at any time, with or without cause, effective immediately upon notice to the Partner.
Fraudulent or other unacceptable behavior as defined by Visme can result in termination of partner/client relationship or termination of partner account entirely without notice to, or recourse for, the Visme Partner. Visme Partner, can terminate this Agreement at any time, with or without cause, effective immediately upon notice to Visme.
If the agreement ends, all creative material must be returned to Visme and removed from the partner’s websites.
9. Proprietary Rights
As between Visme Partner and Visme, the Creative, all demographic and other information relating to Leads, Prospective partners and partners, the Platforms and all software, documentation, hardware, equipment, devices, templates, tools, documents, processes, methodologies, know-how, websites, and any additional intellectual or other property used by or on behalf of Visme or otherwise related to Visme, together with all copyrights, trademarks, patents, trade secrets and any other proprietary rights inherent therein and appurtenant thereto (collectively, “Visme Property”) shall be and remain the sole and exclusive property of Visme. To the extent, if any, that ownership of any Visme Property does not automatically vest in Visme by virtue of this Agreement, or otherwise, Visme Partner hereby transfers and assigns to Visme, upon the creation thereof, all rights, title and interest Visme Partner may have in and to such Visme Property, including the right to sue and recover for past, present and future violations thereof
10. Visme Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility and risk of loss resulting from your use of the website and the services including any downloads from Visme website and/or services. Under no circumstances shall we or any of our employees or representatives be liable for any indirect, punitive, special or consequential damages even if we or any of our employees or representatives have been advised of the possibility of such damages. our total liability in any event is limited to the amount, if any, actually paid by you for use of the website and the services for the one (1) month period ending on the date a claim is made and you hereby release us and our employees and representatives from any and all obligations, liabilities and claims in excess of this limitation.
– User shall defend, indemnify Visme harmless for any and all demands, liabilities, losses and costs and claims including attorney fees, that may arise or result from any service provided by Visme.
– You agree to hold Visme and its subsidiaries, affiliates, officers, directors, agents, employees, co- brands, sister companies, partners, harmless for any claim or demand, due to arising out of your Content, your use of Service, your guest and visitor actives, your connection to the service, your violation of the terms and service listed here.
IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER IN THE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. DISCLAIMER AND WARRANTIES
You understand that your use of the service is at your sole risk. You agree that the Service is provided on an as is basis and that Visme holds no liability or fault of any kind.
Visme will make significant effort to maintain and upgrade the Service, however, Visme is not responsible for loss of data, damage, revenue, customer information or other harm related to any information uploaded or used with the Service.
Any information downloaded with the Service or obtained through the Service is done at your own risk and discretion.
Notices to you may be made to you by email, the notices may also provide changes and updates to the Terms and Service.
12. Applicable Law and Jurisdiction
This Agreement will be governed by the laws of the State of Maryland. Except as otherwise provided in this page, each of the parties does hereby agree that any dispute related to this Agreement, any other agreement between the parties, the Privacy Policy or the Services, will be decided by the state and federal courts located in Montgomery County, Maryland and agrees that that party is subject to the jurisdiction of such courts in such locality. If, under applicable law relating to the selection of venue in Maryland, a case may not be brought in a court located in Montgomery County, the case may be filed in a state or federal court of competent jurisdiction located in the State of Maryland where the case may be brought.
13. Force Majeure :
We shall not be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, then current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or overloading or slow downs over the internet or any third party internet service providers.
14. Survivability
The ownership and proprietary rights provisions set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
15. Severability
The unenforceability or invalidity of any term, provision, section or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.
16. Amendments
No amendment or other change of this Agreement shall be effective unless and until the revised Agreement is posted by us on the Website.
17. Interpretation
The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.
18. Entire Agreement
The terms of the Privacy Policy posted on this Website are incorporated by reference herein. This Agreement, including such policy which is incorporated by reference herein, embody the entire agreement and understanding of the parties, and supersedes all prior agreements, representations and understandings between the parties hereto, relating to the subject matter hereof.