AFFILIATE AGREEMENT

1Point Commerce Affiliate Agreement

Effective Date: January 24, 2024
Primary Website: www.1Commerce.com

1. Introduction

This Affiliate Agreement (referred to as the "Agreement") is provided by 1Point Commerce, a part of Abbadai Group S.A., a Panamanian company headquartered at:

61 Damascus Street,
Amman, 11183
Jordan

Website Address: www.1Commerce.com
Email: info@1commerce.com

This Agreement establishes the legal relationship between you (referred to as the "Affiliate") and 1Point Commerce, outlining your responsibilities as an affiliate and our obligations to you. It is crucial to read and understand this entire document. If desired, seek legal assistance, as each term herein is vital to our working relationship.

2. Definitions

  • 1Point, Us, We: Refers to 1Point Commerce, including all officers, directors, shareholders, representatives, associates, traders, affiliates, employees, or legal agents of 1Point.
  • You, the Affiliate: Refers to you, the party entering into this Agreement.
  • Parties: Collectively, 1Point and You are referred to as the "Parties" or individually as a "Party."
  • Affiliate Program: Describes the program established for affiliates, as detailed in this Agreement.
  • Affiliate Application: The form you must complete for consideration of joining the Affiliate Program.
  • Website: The primary website, www.1Commerce.com, as mentioned above.

3. Assent & Acceptance

By applying to our Affiliate Program, you confirm that you have read and reviewed this Agreement and agree to its terms. If you do not agree, please refrain from applying. This Agreement also includes any Terms and Conditions, Privacy Policies, End-User License Agreements, Code of Ethics, or other legal documents available on our website.

4. Age Restriction

You must be at least 18 years old to join our Affiliate Program. By applying, you represent and warrant that you meet this age requirement.

5. Program Sign-Up

To become an affiliate, you must submit an Affiliate Application. We assess each application, and approval is not guaranteed. If your application is rejected, you will be notified within a reasonable time. Rejected applicants may not reapply. Upon approval, the terms and conditions of this Agreement apply. Additional information or steps may be required for eligibility.

6. Non-Exclusivity

This Agreement does not create an exclusive relationship between you and us. You are free to work with other affiliate programs in any category, and we retain the right to collaborate with other individuals or companies.

7. Affiliate Program

Once accepted into the Affiliate Program, you must ensure your account setup, including payout details. Below is a general description of the program, subject to specific terms in this Agreement:

  • We will provide you with a unique link for promoting the Annual Membership Type with a USD 795 fee (collectively, the "Link").
  • The Link will be associated with your identity, directing users to 1Point's website.
  • You agree to cooperate fully and comply with this Agreement when promoting the Link.
  • We may modify the Link and will notify you accordingly.
  • You must use pre-approved links and prominently display them on your website or social media page (the "Affiliate Site").
  • You earn a 20% commission on sales resulting from users clicking through your Link. On renewals of your clients' Annual memberships, you receive 10%.

8. Specific Terms Applicable

We determine whether a payout is permissible, reserving the right to reject non-compliant clicks or sales. To be eligible for payout, user purchases must be "Qualified Purchases," which meet specific criteria detailed in this Agreement.

9. Payout Information

Payouts are contingent upon having your current address and accounting information. You are responsible for all taxes applicable to your income and sales tax in your country. Our current payout methods include PayPal. You must promptly update your information when changes occur.

Payouts are available in the month or period following accrual. We reserve the right to change payout methods, and if so, you will be notified. Payouts are subject to a 30-day waiting period.

Disputes regarding payouts must be reported within thirty days of receipt, after which they will not be addressed.

10. Chargebacks

In case a client files for a refund through PayPal within 180 days of purchasing an Annual membership, and you have already received a 20% commission, any owed money associated with that client's purchase will be deducted from any funds owed to you by 1Point.

11. Reports

You can access reports related to your affiliation, but they may be subject to change before payout.

12. Term, Termination & Suspension

This Agreement takes effect upon acceptance into the Affiliate Program and can be terminated by either party at any time, with or without cause. Earnings are only available during the term. Termination results in eligibility for payouts earned before termination. We may terminate if you violate this Agreement, including intellectual property rights, legal obligations, or the publication of illegal material.

13. Intellectual Property

1Point owns all intellectual property rights, including copyrights, trademarks, trade secrets, and patents. We grant you a non-exclusive, non-transferable license to use our intellectual property solely for promoting our products. Any unauthorized use may result in termination.

You grant us a non-exclusive license to use your name, trademarks, service marks, and other business intellectual property to advertise our Affiliate Program.

14. Modification & Variation

1Point may modify this Agreement, with changes taking effect immediately upon posting on www.1Commerce.com. Continued participation implies acceptance. You are responsible for regularly checking for updates.

15. Relationship of the Parties

This Agreement does not establish a partnership, joint venture, agency, franchise, or employment relationship. You are an independent contractor.

16. Acceptable Use

You agree not to use the Affiliate Program for unlawful purposes, including any activity that may damage our business or violate applicable laws.

17. Affiliate Obligations

You are responsible for maintaining your Affiliate Site, ensuring compliance with legal obligations, and disclosing your participation in the Affiliate Program.

18. Reverse Engineering & Security

You may not reverse engineer or breach our website's security.

19. Data Loss

1Point is not liable for data loss resulting from your participation in the Affiliate Program.

20. Indemnification

You agree to defend and indemnify 1Point against legal claims arising from your use of the Affiliate Program.

21. Spam Policy

Engaging in illegal spam activities is strictly prohibited.

22. Entire Agreement

This Agreement constitutes the entire understanding between the Parties, replacing all prior agreements.

23. Service Interruptions

We may temporarily interrupt your access for maintenance but are not liable for damages incurred during such downtime.

24. No Warranties

You use the Affiliate Program at your own risk, as it is provided on an "As Is" basis, with no warranties of any kind.

25. Limitation on Liability

1Point's liability is limited to the maximum extent permitted by law.

26. General Provisions

This Agreement is governed by the laws of Panama. Any disputes are subject to arbitration in Panama City.

27. Change in Address

You acknowledge that our address may change, and you are responsible for staying informed.

28. Headings

Section headings are for convenience and do not affect the interpretation of this Agreement.

29. Electronic Communications

You agree that all notices, disclosures, and other communications are electronic and satisfy any legal requirement.

By joining our Affiliate Program, you acknowledge that you have read, understood, and agree to the terms and conditions outlined in this Agreement. Failure to comply with this Agreement may result in immediate termination and forfeiture of unpaid commissions.