© 2023 Copyright - Game Tester Pty Ltd
Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve, we simply ask for the same consideration of you. We have written the following affiliate agreement with you in mind and protect our company's good name. So please bear with us as we take you through this legal formality.
If you have any questions, please don't hesitate to let us know. We are strong believers in straightforward and honest communication. For the quickest results please email us at email@example.com. You can also reach us by completing the Contact Us form above.AFFILIATE AGREEMENT
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND GAME TESTER PTY LTD. (GAMETESTER.GG)
BY SUBMITTING THE ONLINE APPLICATION, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.1. Overview
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Game Tester's Affiliate Program. The purpose of this Agreement is to allow HTML linking between your website and the gametester.gg website. Please note that throughout this Agreement, "we," "us," and "our" refer to Game Tester Pty Ltd, and "you," "your," and "yours" refer to the affiliate.2. Affiliate Obligations
2.1. To begin the enrolment process, you will complete and submit the online application at https://gametester.gg/affiliate. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our program, including but not limited to inclusions of the following:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence.
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
2.1.4. Promotes illegal activities.
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law.
2.1.6. Includes "Game Tester" or variations or misspellings thereof in its domain name.
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner that resembles our website nor designs your website in a manner that leads customers to believe you are Game Tester Pty Ltd or any other affiliated business.
2.2. As a member of Game Tester's Affiliate Program, you will have access to an Affiliate Account Manager Dashboard. Here you will be able to view and track all successful referrals that have come from your affiliate link. For us to accurately keep track of all guest visits from your site to ours, you must use the referral link that we provide you within the affiliate dashboard. You will be provided with a separate affiliate link for attracting game developers and game testers. You may use one or both links.
2.3. Game Tester Pty Ltd reserves the right, at any time, to review your placement and approve the use of your links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel could enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third-party rights.3. GAME TESTER PTY LTD RIGHTS AND OBLIGATIONS
We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, to make sure that your links to our website are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Game Tester Affiliate Program.
3.1. Game Tester Pty Ltd reserves the right to terminate this Agreement and your participation in the Game Tester Affiliate Program immediately and without notice to you should you commit fraud in your use of the Game Tester Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Game Tester Pty Ltd shall not be held liable to you for any commissions for such fraudulent sales.
3.2. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.4. TERMINATION
Either you or we may end this Agreement at any time, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email, or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.5. MODIFICATION
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, you will be notified by email. Modifications may include but are not limited to, changes in the payment procedures and Game Tester's Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Game Tester's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.6. PAYMENT
You may request payment at any time once your balance is more than USD 100.00. Payment is currently by bank transfer only. A bank transaction fee of USD 10.00, applies to all payout amounts.
During registration, you will create a password so that you may enter Game Tester's affiliate account dashboard. From here you will be able to view all successful affiliates and our calculation of the commissions due to you.
Your referrals will be listed as 'unvalidated' with no commission due until the referred user has loaded credit onto their account (developers and publishers), or have completed at least one paid test (gamers).8. PROMOTION RESTRICTIONS
You are free to promote your websites, but naturally, any promotion that mentions Game Tester Pty Ltd could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Game Tester Pty Ltd. For example, 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 newsgroups, and cross-posting to multiple newsgroups 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 Game Tester Pty Ltd so long as the recipient is already a customer or subscriber of your services or website, and recipients must have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Game Tester Pty Ltd so long as the newsgroup specifically welcomes commercial messages. At all times, you must clearly represent yourself and your websites as independent from Game Tester Pty Ltd. If it comes to our attention that you are partaking in spam messaging, we will consider that cause for immediate termination of this Agreement and your participation in the Game Tester Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to unacceptable advertising or solicitation.
8.1. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as gametester.gg, Game Tester, www.gametester, www.gametester.co, and/or any misspellings or similar alterations of these - be it separately or in combination with other keywords - and do not direct the traffic from such campaigns to their own website before redirecting it to ours, will be considered trademark violators, and will be banned from Game Tester's Affiliate Program. We will do everything possible to contact the affiliate before the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
8.2. Affiliates are prohibited from keying in prospect's information into the developer or publisher sign-up form, even if the prospects' information is real and true, and these are valid leads (i.e. sincerely interested in Game Tester's service). All developers and publishers must actively sign up for Game Tester themselves.
8.3. Affiliate shall 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 consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited the Game Tester platform (i.e. no page from our site or any Game Tester Pty Ltd content or branding is visible on the end user's screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) 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, MSN, Yahoo, Overture, AltaVista, Hotbot, and similar search or directory engines); (c) set commission tracking cookies through loading of Game Tester site in IFrames, hidden links, and automatic pop-ups that open gametester.gg site; (d) targets text on websites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces, or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.9. GRANT OF LICENSES
We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through referral links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Game Tester's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Game Tester Pty Ltd and the goodwill associated therewith will inure to the sole benefit of Game Tester Pty Ltd.
9.1. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene, or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights, and no right, title, or interest is transferred to the other.10. DISCLAIMER
GAME TESTER PTY LTD MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING GAMETESTER.GG SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF GAME TESTER PTY LTD ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.11. REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.12. LIMITATIONS OF LIABILITY
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL GAMETESTER.GG's CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.13. INDEMNIFICATION
You hereby agree to indemnify and hold harmless Game Tester Pty Ltd, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary rights of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.14. CONFIDENTIALITY
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without the express written permission of the disclosing party.15. MISCELLANEOUS
You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Game Tester Pty Ltd. You will 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 any other of your sites or otherwise, that reasonably would contradict anything in this Section.
15.1. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
15.2. This Agreement shall be governed by and interpreted in accordance with the laws of the Australian constitution without regard to the conflicts of laws and principles thereof.
15.3. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
15.4. This Agreement represents the entire agreement between us and you, and shall, supersede all prior agreements and communications of the parties, oral or written.
15.5. The headings and titles contained in this Agreement are included for convenience, only, and shall not limit or otherwise affect the terms of this Agreement.
15.6. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.