This agreement describes the terms and conditions for participation on the website Surge.Live
• Surge – refers to Surge.Live Website and Company
• Surge Account – refers to the client's Surge Account
• Affiliate, Partner – refers to persons whom are affiliated with Surge
• Client – refers to any user who uses Surge
• Program – refers to Surge Partner Program
• All content hosted on Surge must be acquired legally and ethically and abide by the Digital Millennium Copyright Act (DMCA)
• Surge reserves to right to restrict your Surge Account in any way necessary, this may include a permanent ban of your Surge Account and/or IP Address(s) affiliated with your Surge Account.
• As a consequence of entering false information, Surge has the right to reject affiliate application or terminate the agreement with immediate effect.
• In case of the modification of the data entered by the affiliate, the affiliate must provide the correct data in Surge’s system or contact Surge directly ([email protected]) to inform about the change no later than 21 days after the change. Affiliate must contact Surge using the same email address as entered in the form during the registration.
• By applying to the Surge Affiliate Program affiliate agrees to the terms.
• After acceptation of partners application, the partner is given the right to promote Surge in assistance of disclosed press pack and affiliate links.
• Surge reserves to right to change and manage your Surge Account Data for any reason.
3. Affiliate Program
• As a part of the program, affiliate promotes Surge’s products to affiliate’s clients and business partners. The promotion should result in a growth of Surge’s userbase.
• In return for the efficiency of the promotion, in the sense of successful purchases made by partner’s clients, the partner receives a commission fee from client’s contribution.
• To enable promotional activities of Surge’s products, Surge provides the partner with the access to its functionality, known as “Affiliate Panel”:
– The panel measures the effectiveness of the promotion,
– shows an overview of the incomes and profits
4. Affiliate Obligations
• The partner must comply with all laws that apply to Partner’s Services and partner’s participation in the program, all privacy laws that apply to the collection, use and disclosure of personal information via Partner’s Services, and all marketing laws that apply to any messages partner sends in connection with this Agreement. The partner is solely responsible for Partner’s Services and partner’s participation in the program.
• All commission fees received by the partner are perceived as an income and it is a subject of taxation according to local taxation law applicable in partner’s origin country. The partner is obligated to settle all taxes with the tax office. The partner has an exclusive obligation to pay all taxes or other fees resulting from or arising from participation in the program.
• To be eligible to earn a commission on purchases, a customer must click-through a tracking link from partner’s site to Surge’s site, add a course(s) to his or her shopping cart during a session and make a purchase before the session lapses. The session ends with one of the following events: 180 days elapse from the customer’s initial click-through or the customer follows a third party’s tracking Link after clicking partner’s tracking Link.
• Commission Fee depends on the partner’s volume of sales. Each partner starts at the same level and has 30% rev share of each sale made through his/her affiliate link. If the partner exceeds one of the next sale levels by the end of the current year, the commission fee will be adequately increased. The next levels are time limited, they apply until the end of the next year, or they can be lengthened for another period if the partner once again exceeds the required volume of sales. It means that every January partner starts at the 0 sales level, but the commission fee is at least as the one in the previous year. If the partner exceeds the same level during that year, the Commission will be again extended for the next year, if the partner reaches the lower level, the next year’s Commission will also start from the lower level until the partner reaches the higher volume. If the partner reaches the higher level, the next year’s Commission will be adequately higher. Commission Levels are presented in the table below.
|Level||Sales Level/year||Commission Level||Partner’s profit|
|1||0 – €999||30%||0 – €300|
|2||€1000 – €2999||35%||€350 – €1050|
• Commission Fee is charged in the currency of the order which it applies to. It means that the partner might receive the payment in three different currencies (USD, EUR, GBP). It is impossible for Surge to exchange the Commission Fees and pay it out in one currency if the orders were placed in different ones.
• Surge will pay Commission Fees in the form of Paypal payment no later than 30 days from the end of the calendar month in which the Commission Fees accrued, provided that the Commission Fees payable exceed a minimum threshold of 50€ (adequately 50£ or 50$) and that the partner provided all the necessary documentation and data.
• Surge is not responsible for any third-party fees charged by Paypal.
• In case of business or entities from Poland, EU or outside the EU, settlement shall be as described hereafter. The Commission will be paid out only based on the approved invoice. An invoice has to be issued by the same entity and contain same Partners data as registered in Program. In case of Partners from EU which are active VAT EU payers, an invoice has to contain VAT EU number.
• In the event of any chargeback(s), refunds or cancellations by customers referred by the partner, the partner’s commission shall be canceled. If Surge has already paid the relevant commission to the partner, Surge shall deduct that amount from the next partner’s payment. Refunds shall be made in accordance with Surge’s Refund Policy or at Surge’s sole discretion.
6. Term and Termination
• The duration of the program is an unspecified period.
• Either the partner or Surge may end this agreement at any time, with or without case. Partner is obliged to give written notice in the form of an email, sent from the same email address as entered in the form during registration. Following termination, Surge will pay the partner any unpaid Commission Fees, if valid, that the partner earned prior to the date of termination. Immediately upon termination, all licenses granted to the partner under this Agreement will be terminated, and the partner must remove any Link from his/her Services. Section 5 of this Agreement will survive termination of the Agreement.
7. Other terms
• Surge may choose to reject any application for any reason (and is under no obligation to disclose such reasons).
• In no event shall the Surge be liable for any claim, damages or other liability for:
o damages caused by bugs, errors or unavailability of Surge website
o any activities performed by Partner within Program
o claims in case of referred sale, was not registered/completed due to technical issues
• If fulfillment of Surge duties to the Partner won’t be possible due to direct or indirect external factor, random events (such like power outage, hardware failure, flood, fire etc.) or force majeure, Surge can suspend all or some of it’s services to Partners and Clients. Suspension in the execution of following duties may include also payouts for the Partners.
• Surge reserves the right to withhold Commission Fees and cancel the affiliate relationship with the partner, when:
o Surge has doubts in respect of the partners true identity and that the partner is unable to provide Surge with appropriate identification to effectively verify the partner’s identity or won’t notify Surge about data modification within 21 days from effective change.
o The partner misleads users regarding the purpose or nature of his/her Services
o The partner attempts to artificially or fraudulently increase his/her Commission Fees in any way
o The partner acts against Surge, takes any action that may burden any Surge Services or spreads negative sentiments/views about Surge
o The partner engages in any fraudulent or unlawful activities
• Surge reserves the right to alter pricing and the level of the Commission Fee at any time in accordance with our own policies.
• Surge may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion.
• These terms, the formation of the contract between the parties, use of Surge’s site, use of Surge’s services, and any dispute or claim arising out of any of them (including non-contractual disputes or claims), are governed by the laws of Poland. All disputes between the parties shall be settled amicably, and if that fails, shall be decided only by the courts within Poland, except that Surge may enforce any judgment anywhere in the world where the partner may have assets or be located.