This agreement (hereinafter referred to as the "Agreement") sets forth the terms and conditions of the affiliate partnership between Digital Art House LTD, registered address London, UK (hereinafter referred to as the "Company" or "Podsy Pro"), and any individual or entity participating in the program (hereinafter referred to as the "Affiliate").
Article 1: Program Acceptance, Application, and Assignment
1.1. Program Definition: The Podsy Pro Affiliate Program allows the Affiliate to earn a commission from the Company in exchange for referring new customers to Podsy Pro services using a unique Coupon Code manually assigned by the Company after application.
1.2. Application and Acceptance: Prospective Affiliates must complete the in-app application process. The Company reserves the right to approve or reject any application. Upon approval and assignment of the Coupon Code, the Affiliate is deemed to have accepted all terms and conditions of this Agreement.
1.3. Code Assignment: Upon application approval, the Company shall assign a unique and discount-providing Coupon Code via the Stripe platform to the Affiliate. The Affiliate is not entitled to earn commission until this Coupon Code has been formally assigned.
Article 2: Coupon Code and Commission Tracking
2.1. Unique Coupon Code: The unique Coupon Code assigned to the Affiliate is provided for customers to use during the purchase of Podsy Pro subscriptions for discount or promotional purposes. This code serves as the Affiliate's referral identifier.
2.2. Tracking Mechanism: Commission eligibility is strictly contingent upon the correct use of the assigned and valid Coupon Code by the customer during their first payment. The Affiliate cannot claim commission for any sale where the Coupon Code was not used.
2.3. Commission Record: The Company tracks commission by manually reviewing Coupon Usage Reports downloaded from the Stripe platform. The Affiliate is solely responsible for promoting and ensuring the proper use of the Coupon Code.
Article 3: Commission Rate and Entitlement
3.1. Commission Rate: The Affiliate will earn a commission up to 30% (Thirty Percent) on the first successful payment made to Podsy Pro by any new customer who successfully utilizes the assigned Coupon Code.
3.2. Excluded Payments: Commission is excluded for subscription renewals, upgrade payments, refunds, chargebacks, or any payments made under institutional or private agreements.
3.3. Definition of "New Customer": A new customer is an individual or entity who has not previously registered for or purchased any service from Podsy Pro.
Article 4: Payouts
4.1. Minimum Payout Threshold: Payouts will be processed once the Affiliate's total earned commission balance reaches the established threshold of 100 USD. Commissions below this threshold will roll over to the next payment cycle.
4.2. Payment Terms: Commissions are processed 30 (Thirty) days after the referred customer's first successful payment. This delay accounts for potential refunds and chargebacks.
4.3. Payment Method: The Affiliate may choose to receive payouts via PayPal, Payoneer, Wise, Gopay, Ovo, ShopeePay, Dana, or Bank Account Transfer. The Affiliate is responsible for providing valid and accurate account details for the chosen method and bears all associated transaction fees, exchange rate losses, or commissions (if any). The Company reserves the right to change the supported payout methods.
Article 5: Affiliate Restrictions and Obligations
5.1. Self-Purchase Prohibition: The Affiliate may not use their assigned Coupon Code to purchase a subscription for themselves or any related party. This is considered commission fraud and is grounds for immediate termination.
5.2. Prohibited Activities: The Affiliate shall not engage in the following activities:
- Spam: Sending unsolicited email, messages, or comments.
- Misrepresentation: Making misleading, false, or exaggerated claims about Podsy Pro services, features, or pricing.
- Offensive Promotion: Promoting material that is illegal, defamatory, harassing, discriminatory, or otherwise objectionable or harmful to the Company or its customers.
- Trademark Bidding: Bidding on Google Ads or other PPC platforms using the Podsy Pro trademark without prior Company approval.
5.3. Confidentiality: The Affiliate shall not disclose any confidential business information provided by the Company related to the Program.
Article 6: Termination
6.1. Termination for Breach: The Company reserves the right to immediately terminate the Affiliate's status with 24 hours written notice if the Affiliate breaches any provision of this Agreement.
6.2. Termination Without Cause: Both the Affiliate and the Company may terminate this Agreement at any time, without cause, by providing 7 (Seven) days written notice.
6.3. Post-Termination: Upon termination, the Affiliate must immediately cease using the Coupon Code. Any commissions earned prior to the termination date will be paid out after the 30-day holding period (Article 4). In the event of termination for breach, the Company reserves the right to withhold any unpaid commissions.
Article 7: Legal Provisions
7.1. Disclaimer: The Company makes no guarantee that the Affiliate Program will operate without interruption or error and accepts no liability for the operation of the program.
7.2. Independent Contractor: The Affiliate acts as an independent contractor of the Company, and this Agreement does not create a partnership, joint venture, franchise, agency, or employment relationship between the parties.
7.3. Dispute Resolution and Governing Law: This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Any and all disputes arising from this Agreement shall be exclusively resolved by the courts of London, United Kingdom.
