Mailsenpai Affiliate Program Terms and Conditions

Terms and conditions

The following terms and conditions (T&C, Terms or Agreement) apply to participation in the Affiliate Program offered by Mailsenpai (we, us, our) and to any affiliated entity. The Affiliate Program (the Program) allows (the Affiliate, you, you) to promote the services of Mailsenpai and to receive commissions as set forth in these T & Cs. The Terms and Conditions include by reference our Usage Policy (AUP) and Privacy Policy.

1. Participation in the Affiliate Program

Joining the Program requires the submission of a registration form for affiliates available on the Mailsenpai website (the site). We review all affiliate applications before deciding if an application can be accepted. The application may be rejected if deemed unsuitable for the program for any reason.

2. Responsibility of the affiliate


As a Mailsenpai affiliate you agree:
The responsibility to provide all the complete and accurate information required for account activation and to keep this information constantly updated. The aforementioned information includes but is not limited to contact details, the URLs on which the promotion of Mailsenpai will be carried out, the promotional practices and tools that you intend to use, the payment data, tax information and any other required requirements. .

We reserve the right to request further data regarding the websites on which Mailsenpai is to be promoted and the promotional practices that will be used. Failure to provide accurate information may result in exclusion from the Program, suspension or termination of your Affiliate Account and the loss of earned commissions.
To act in good faith by presenting customers in good standing, consisting of users who have provided truthful contact information and have not been reported as being at high risk of fraud, who actively use their account. The use of an active account is determined in our sole discretion and may be based on any of the following data and the frequency of access to the User area and the account control panel, the frequency of uploading new content, the number and the frequency of visits to the site, any other clear evidence of the active use of the account by the user, etc.
Please do not take action or recommend referrals in case of risk of loss to the detriment of Mailsenpai.
We recommend that you do not join incentive programs or other business opportunities that use practices that are considered ethically improper or that can attract customers who are not compliant.
We invite you not to use on behalf of your referrals or to recommend them to use third-party material protected by copyright or not without the required license on Mailsenpai accounts.
You must not copy, alter or modify icons, buttons, banners, graphics, files and content on Mailsenpai links, including but not limited to the removal or alteration of trademark and copyright information, without our prior written approval. .
You will not have to undertake any blackhat link building / seo techniques in order to generate new referrals for Mailsenpai.
You agree not to violate any applicable law.
You will need to be loyal to Mailsenpai without betraying their trust or damaging their reputation.
You will need to make your affiliation with Mailsenpai known on your website or promotional channel.

Should we detect any element in your affiliate practices that is attributable to a breach of any of the terms of the T&C, we reserve the right to suspend or terminate your affiliate account by canceling any outstanding fees still due.

3. Affiliate Advertising

For the promotion of our services, only promotional material approved by Mailsenpai should be used. It includes any material provided by us and present in the Affiliate Area or approved in writing by a Mailsenpai representative. Approved material must contain Mailsenpai trade names, service marks and / or logos to be displayed on the affiliate site as well as slogans. Below we grant you a limited, non-exclusive and non-transferable license to access and download the aforementioned promotional material to be used on your site with the sole and sole purpose of promoting the sites owned, operated and controlled by Mailsenpai. By using such promotional material, you agree to work with us to establish and maintain approved promotional material.

At the end of the contract, with the closure of the affiliate account, the license, limited and non-exclusive, to access and download Mailsenpai’s promotional material will be automatically revoked.

Inappropriate forms of advertising include but are not limited to:

the use of any illegal or spam methods of advertising, such as unsolicited emails, unauthorized posting of links in forums, newsgroups, notice boards, etc .;
the use of keywords or phrases containing the “Mailsenpai” trademark, variations or misspellings of the terms registered on the Pay per Click or Pay per Impression campaigns in search engines (Google, Yahoo, MSN, Ask, Bing or others) without our prior approval. It is not allowed to use one or more Mailsenpai sites to display the URL in PPC ads, as a direct link or as a redirect to one or more sites belonging to Mailsenpai;
the use of non-original content infringing copyright for the promotion of Mailsenpai;
The use of traffic generated by pay per read, pay to click, banner exchange, click exchange, PPV advertising, pop-up / under, and other methods of the same nature;
The offer of cashback, rewards or other types of incentives to make the sale without our prior consent;
The offer of discounted prices, including coupons, vouchers, discount codes or other value-added offers without our prior consent;
The use of our promotional and advertising material, the brand or name to damage our image;
The use of iframes, other techniques or technologies that place affiliate tracking cookies using means other than clicking;
The use of techniques and technologies that provide cover links or cloacking with the aim of promoting Mailsenpai on websites and networks not explicitly listed in your affiliate profile and that hide the source of traffic;
Your websites must NOT contain lewd, obscene, illegal or pornographic material, or any other type of material of a questionable nature, such as bigotry, hatred, pornography, Satanism, copyrighted and trademarked material, adult content, etc. The nature of similar materials will be subject to our sole discretion;
Name of the domain (s), company, logo, brand, product (s), project (s), service (s) must NOT include keywords or phrases containing the “Mailsenpai” trademark, nor variations or spelling errors that refer to Mailsenpai in any way, with respect to the brand, name, logo or name of its domain, without our prior consent;
Name of the domain (s), company, logo, brand, product (s), project (s), service (s) must NOT include keywords or phrases containing or referring to trademarks, names, logos, or domains of third parties , unless authorized by the owners of the same.

Mailsenpai will have the exclusive right to determine whether a promotional method is to be considered suitable. The use of any advertising tool deemed inappropriate will result in a recall, suspension or termination of the affiliate’s account, with the relative cancellation of all outstanding commissions still to be paid.

4. Affiliate tracking cookies

We automatically track the sales of our affiliates through the use of cookies. Cookies are stored on the user’s browser who clicks on the affiliate link to reach our site. Each cookie is saved for 60 days. If there is already an affiliation cookie in the same user’s browser, it will be overwritten by the new one. Mailsenpai is not responsible for cookies intentionally deleted by users.

5. Affiliate Commissions

We will pay a commission per actual sale which you report to Mailsenpai. The sale will be considered effective if it meets the following requirements:

The sale is the result of the referral actions undertaken and for it we verify that:
At the time of the order, the customer had an active cookie that indicated you as the last affiliate from which he was directed to our website, as long as he did not reach him using a search engine and a search string without the name Mailsenpai ;
You declare that you have presented a customer within 1 month from the date of his order, without his denial, in the absence of information that attributes the sale to another advertising channel.
Your affiliate account must be active at the time of sale. No commission will be awarded for the period prior to your membership in the Affiliate Program.
The referred customer has never used our services or signed up for an affiliate account with us before.
The customer completed his orders by acting on his behalf.
The sale concerns any plan related to Email Marketing services. The sale of other services or additional account features are not to be considered valid for the earning of a commission.
The sale concerns any plan related to the services of Email Marketing subject to any billing cycle.
Sales of accounts created in connection with Email Marketing services canceled by the customer or suspended by Mailsenpai for any reason will not be counted as affiliate commissions.
The payment for the first order and any service for renewal of the customer’s payment presented will be fully processed and will not be subject to reimbursement or chargeback.

We reserve the right to deem any sale as invalid at our discretion, without providing any explanation or justification.

6. Payment of commissions

Mailsenpai will pay any affiliate commission due in the manner and currency indicated on the Affiliate Program registration page, unless otherwise agreed in writing, Any commission earned and related to sales deemed valid will be paid after a period of 30 days. We reserve the right to extend the minimum period indicated in the T&C without notice for the time we deem necessary to verify the validity of the sale.

We process payment fees once a month or at a higher interval according to your preferences.
The amount of accrued commissions must exceed € 100.00 (one hundred / 00); if this minimum threshold is not reached, the payment will be suspended until the amounts accrued do not exceed the aforementioned amount overall. The commissions will be paid by bank transfer, upon communication of the IBAN in the profile of the personal affiliation account, or via PayPal. If the payment choice should be Paypal, the affiliate will be paid the amount of the accrued commissions by subtracting the commissions applied by Paypal to the transaction.

It will be your sole responsibility to keep your information up to date, including postal and email address, name, payment details, tax information and any other personal data that may affect the outcome of the commission payment, which we will suspend in the absence of missing data. Suspended commissions can be claimed within 6 months of the originally scheduled date.

We may suspend payment of fees at any time and for as long as we see fit, in the event of suspicion of fraud, improper activity or potential breach of this Agreement by you or any of the clients you refer.

We reserve the right to deduct from your present and future commissions one or more commissions already paid for sales that are considered fraudulent, questionable or canceled.

7. Invoicing

You will find a report of the commissions due in your Affiliate Area.

At the end of each month Mailsenpai, subject to the achievement of a minimum amount, relating to the generated and validated commissions, equal to € 100 (one hundred / 00), will send you, by email, a request for forwarding of the corresponding accounting document that you will have to make to arrive to start the payment procedures which will take place 30 days from the date of issue of the invoice.

8. Relations between the parties

Both Mailsenpai and the affiliate accept the signing of this Agreement as independent parties, and nothing within it can be considered as a form of partnership, franchising, sales representatives or relationship between employee and employee between them. The Affiliate has no authority to accept or submit any offer on behalf of Mailsenpai or to take their place. The Affiliate may not make any statement, either on its own site or elsewhere, that contradicts any aspect of this section.

9. Closure of the account

You can cancel or close your affiliate account at any time by contacting us from your Affiliate Area. We will send you a written confirmation after the account has been terminated.

Mailsenpai may terminate an affiliate’s account:

With a seven day notice with no other explanation.
Immediately without notice, if you or your affiliate account violate these Affiliate Program Terms and Conditions.
Immediately without notice, if no sales have been generated for a period exceeding 12 months.

Once the affiliate’s account is suspended, we will no longer keep track of the sales associated with it and you will no longer be entitled to other affiliate commissions in the future. All commissions due upon suspension of the account will be paid to the affiliate after a waiting period, according to the regular payment cycle. No commission due in case of account termination due to breach of this T&C and an administrative cost of 20 EUR, or equivalent in the currency used as indicated in the Affiliate Area, will be charged to the Affiliate.

Upon termination of the Affiliate Account, the Affiliate will have to remove all Mailsenpai promotional material, brands, links, logos and slogans from its website within 3 working days. This provision will remain valid until the termination of the Agreement. Upon termination of this Agreement, the affiliate will no longer have the right to use Mailsenpai’s trademarks, and will have to refrain from any action that could affect, directly or indirectly, its image and reputation or business relationships with current customers and potentials.

Upon termination of the affiliate account, this Agreement will be automatically terminated.

10. Limitation of responsibility

THE AFFILIATE AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICIALS, AND / OR VENDOR THIRD PARTIES LIABLE TO BE LIABLE FOR ANY INDIVIDUAL INCIDENTAL, EXCEPTIONAL, CONSEQUENTIAL OR PUNITIVE OF ANY KIND, WHICH INCLUDES BUT NOT LIMITED TO LOSS OF PROFITS, COSTS SAVINGS, REVENUES, BUSINESS, DATA OR USE, OR OTHER PECUNIARY LOSS TO BE PAID BY THE AFFILIATE OR THIRD PARTY. THE AFFILIATE AGREES THAT THE ABOVE LIMITATIONS APPLY TO ANY ACTION FOR REASON OR WRONG, AND TO ANY OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN NOTIFIED IN THE PREVIOUS OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE BE LIABLE BY THE AGGREGATE IN RESPECT OF VIOLATIONS, BREACHES, CLAIMS OF LIABILITY WITH THIS AGREEMENT OR ANY OTHER DOCUMENT FOR AN AMOUNT HIGHER THAN THE EXPENSES ALREADY PAID BY YOU TO US DURING THE PERIOD OF ONE MONTH. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE AFFILIATE AGREES THAT IN SUCH JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PROVIDED BY LAW.

This provision will remain valid even at the end of the Agreement.

11. Applicable law

Any dispute or claim concerning the following Agreement must be resolved in accordance with the jurisdiction in which the Mailsenpai entity that offered the account service to the Affiliate operates.

12. Changes to the Affiliate Program Terms

We may change this Agreement and any rules or provisions associated with it by reference at any time. Changes and / or additions to this Agreement will be immediately effective with their publication on the Mailsenpai website. This document concerning T&C is always available on the Mailsenpai website. If the changes are not accepted, the Affiliate will have 10 working days at his disposal to close his account from the date of the change. Only a Mailsenpai officer may amend this T&C. No agent, collaborator or employee at Mailsenpai will have the authority to alter its content in any way. Any clarifications or information provided orally will NOT have the power to modify this T&C.

Last revision: 25 August 2020

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