Affiliate Terms & Conditions
Last modified March 17th, 2021.
These Terms and Conditions (the “Affiliate Agreement”) govern the Affiliate Program that is made available by Media Arts Group Inc. (“Media Arts Group”, “Turnkey”, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between Media Arts Group and the individual or entity who participates in the Affiliate Program (the “Affiliate”, or “you”).
Please read this agreement carefully as it represents a legally binding agreement between you and Media Arts Group. By submitting your application and by your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement.
- Media Arts Group may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that Media Arts Group believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.
- REFERRAL TRACKING
- Media Arts Group will provide the Affiliate access to generated Referral Links to link advertisements and other marketing content to Turnkey. Media Arts Group will track users who have visited these Referral Links using cookies which expire after 90 days. Only users who become a client while the cookie is active will be considered a (“Referral”) of the Affiliate and recorded as such in the Affiliate Area.
- The Affiliate is not authorized to modify or alter the cookies in any way. Media Arts Group is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.
- In the event a Referral Link fails to bind an Affiliate to a Referral due to technological error, a broken link, or other reasons, Media Arts Group is not responsible for any loss to Affiliate income.
- AFFILIATE FEES AND PAYOUTS
- A Referral will become eligible for payout (“Eligible Referral”) on the 1st day of the month that follows if it meets all of these criteria within the 90 day cookie period: (1) the Referral purchases a Turnkey website and has paid for it in full; (2) the Referral’s account remains active and in good standing; and (3) the Referral’s account has not had any of its payments refunded, charged back or otherwise reversed.
- Failure to meet any of these criteria will permanently void the Referral and disqualify the Referral from any potential payouts.
- The Affiliate is entitled to receive a one-time payment of $100.00 Canadian Dollars for each active Eligible Referral that is recorded in the Affiliate Area (“Affiliate Fee”). Affiliate Fees will be payable only when the Affiliate has at least 3 Eligible Referrals that are pending payout.
- All Affiliate Fee payments will be payable in Canadian Dollars only, except as otherwise determined by Media Arts Group in its sole discretion. Payment will be made through PayPal. The Affiliate is responsible for providing Media Arts Group with the full and accurate details that are required to remit the Affiliate Fees, and is solely responsible for any delays in payment resulting from their failure to do so.
- Referrals will become void, and any unpaid Affiliate Fees will be forfeited, after 12 calendar months.
- In the event of any activity deemed suspicious by Media Arts Group, Media Arts Group may delay the payment of Affiliate Fees by up to 6 calendar months to verify the relevant transactions. Media Arts Group reserves the right to recalculate, void, or disqualify any Referrals or Affiliate Fees in the event of any fraudulent, deceptive or otherwise illegal activity.
- Media Arts Group hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use the Turnkey logos for the sole purpose of promoting our service within the context of the Affiliate Program. This license will expire upon termination of the Affiliate’s participation in the Affiliate Program.
- The Affiliate may only display advertisements that contain Turnkey’s logos or service marks in good taste. The Affiliate may not use Turnkey’s logos or service marks in a manner that, in Media Arts Group’s sole discretion, portrays Turnkey in a negative light.
- The Affiliate will be solely responsible for their own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.
- Media Arts Group may, without prior notice, require the Affiliate to remove or modify any advertisements in Media Arts Group’s sole discretion.
- The Affiliate may terminate the Affiliate’s participation in the Affiliate Program with immediate effect by giving the other party a written notice of termination.
- Media Arts Group reserves the right to terminate the Affiliate’s participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that Media Arts Group, in its sole discretion, deems to be harmful to its business or any third party.
- Upon termination, the Affiliate will lose access to their Affiliate Area and will forfeit all potential or unpaid Affiliate Fees.
- RELATIONSHIP OF PARTIES
- Media Arts Group 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 Media Arts Group’s behalf.
- LIMITATION OF LIABILITY
- 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. Media Arts Group makes no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program.
- Media Arts Group is not responsible for any damages, injury or economic loss arising from the use of the Turnkey 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.
- The Affiliate will indemnify and hold harmless Media Arts Group, 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 the Affiliate’s or any third party’s operations or use of the Affiliate Program.
- Media Arts Group may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Affiliate Agreement to this web address: https://www.turnkeywebsitesolutions.com/affiliate-terms/. The Affiliate is responsible for reading this document from time to time to ensure that their use of the Affiliate Program remains in compliance with this Affiliate Agreement.
- If any modification is unacceptable to the Affiliate, their sole recourse shall be to terminate this Affiliate Agreement. The Affiliate’s continued participation in the Affiliate Program will constitute binding acceptance of such modifications.
- The Affiliate warrants and represents that they are over the age of 19 and is qualified to enter into this Affiliate Agreement.
- The Affiliate warrants and represents that their actions and participation in the Affiliate Program is in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. Media Arts Group reserves the right to terminate the Affiliate’s participation in the Affiliate Program if Media Arts Group determines, in its sole discretion, that the Affiliate’s actions or their participation in the Affiliate Program is in violation of any laws, rules, regulations, or any requirements of governmental authority.
- This Affiliate Agreement constitutes the entire understanding between Media Arts Group and the Affiliate. 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.
- Any dispute arising in relation to this Affiliate Agreement shall be exclusively resolved in the Courts of the Province of Ontario, Canada.