THIS AGREEMENT GOVERNS YOUR ACQUISITION AND USE OF OUR SERVICES.
BY ACCEPTING THIS AGREEMENT, EITHER BY REGISTERING ON www.surveysparrow.com OR BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM OR ANY OTHER DOCUMENTATION THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
The following definitions and rules of interpretation apply in this Clause.
“Affiliate” – The business, individual, or entity participating in the Affiliate Program, or that displays SurveySparrow’s products and services on its website, using an affiliate tracking code in exchange for receiving a commission from SurveySparrow for sales directly resulting from such display.
“Website” – The Affiliate’s website, which displays SurveySparrow’s Products and Services.
“Affiliate Site” – The Affiliate’s website that displays SurveySparrow’s Products and Services and/or promotions.
“Commission Fees” – The amount you will earn for each Qualified Purchase by a Customer that you refer to SurveySparrow subject to the Commission Threshold and following the terms of this Agreement, which is 25% on each invoice.
“Qualified Action” – A Qualified Purchase and/or Qualified Referral or a challenge.
“Qualified Purchase” – A sale of SurveySparrow Products and Services by SurveySparrow to a referred customer.
To begin the enrollment process, you must register to enrol in a new Affiliate Account on this page. Once you accept the Terms & Conditions you will become an affiliate partner for SurveySparrow.
If you qualify and agree to participate, we will provide you with various types of resources (each referred to as “Link” or collectively, such as “Links’ ‘). The links will help identify your website as a member of the Affiliate Program and will establish a link from your website or email to the SurveySparrow’s website. You agree to cooperate fully with us to generate and maintain these links. You also agree that the use of these links must always comply with this Agreement. SurveySparrow may change links from time to time at its sole discretion. You may not use highlighted or text images (indicating a Link) or text messages to promote SurveySparrow which are not approved in prior by SurveySparrow. All Affiliate Sites should highlight the links in the relevant sections of their website. In addition, you agree not to use cookie stuffing techniques that set a tracking cookie without the Referred Customer’s knowledge. Any information regarding SurveySparrow from the Affiliate Site must be pre-approved by us in writing.
EXCEPT AS EXPRESSLY PERMITTED HEREUNDER, YOU SHALL NOT AND ARE NOT PERMITTED TO (i) USE THE SURVEYSPARROW TRADEMARK, NAME, LOGO OR ANY OF OUR OTHER INTELLECTUAL PROPERTY, INCLUDING WITHOUT LIMITATION, THE LINKS, AND THE LICENSED MATERIALS (COLLECTIVELY, THE “SURVEYSPARROW IP”) (OR ANY MISSPELLINGS OR VARIATIONS THEREOF OR OTHER TERM OR TERMS SIMILAR TO ANY OF THE FOREGOING) WITHOUT SURVEYSPARROW’S EXPRESS PRIOR WRITTEN PERMISSION; (ii) USE SURVEYSPARROW IP IN A DOMAIN OR WEBSITE NAME, IN ANY BIDS FOR KEYWORDS OR GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), IN ANY SEARCH ENGINE ADVERTISING (PAID OR OTHERWISE), IN ANY METATAGS, GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), SEARCH TERMS, KEYWORDS, CODE, OR ADVERTISING; (iii) ACT IN ANY WAY THAT CAUSES OR COULD CAUSE, CREATES OR COULD CREATE AN “INITIAL INTEREST CONFUSION” OVER THE USE OF SURVEYSPARROW IP ON THE INTERNET OR IN ANY SEARCH ENGINE ADVERTISING. YOUR USE OF SURVEYSPARROW IP IN ANY MANNER, OTHER THAN AS EXPRESSLY PERMITTED HEREUNDER SHALL CONSTITUTE UNLAWFUL INFRINGEMENT OF SURVEYSPARROW’S INTELLECTUAL PROPERTY RIGHTS, AND MAY SUBJECT YOU TO THE CLAIMS FOR DAMAGES (INCLUDING POTENTIAL DAMAGES FOR KNOWING OR WILFUL INFRINGEMENT), AND THE OBLIGATION TO PAY SURVEYSPARROW’S LEGAL COSTS AND FEES IN CONNECTION WITH ANY ACTION OR PROCEEDING IN WHICH SURVEYSPARROW SEEKS TO IMPLEMENT ITS RIGHTS UNDER THIS AGREEMENT OR IN REGARD TO ANY OF SURVEYSPARROW’S INTELLECTUAL PROPERTY RIGHTS.
You are not permitted to post any refunds, credits or discounts on the SurveySparrow Products and Services, or other content concerning SurveySparrow without SurveySparrow’s prior written consent in each instance. Affiliates can only use discounts and coupons that are shared exclusively through the Affiliate Program using banners or links. The Links associating users of the Affiliate Website to the relevant section of the SurveySparrow website will in no way modify the look, feel, or functionality of the SurveySparrow website. Any violations of the terms surrounding links, coupons, refunds, credits or discounts shall constitute a material breach of this Agreement, and may result in your termination from the Affiliate Program or the withholding of Commission Fees.
You agree to the following :
The company reserves the right to re-evaluate your registration at any time and terminate your participation in this agreement at any time or without notice. Each person you refer to the site using your link which completes a transaction on the site which results in payment to the company, you will receive 25% of the revenue made by the person during their relationship with the company. A service fee (your “affiliate fee”).
Unless the company first gives you written permission, you agree to abide by the following restrictions:
When advertising or promoting the program on Facebook, Twitter, Instagram, YouTube and other social media platforms, you indicate and warrant that you will comply with the following requirements:
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to reject your service for a valid reason at any time.
You agree not to duplicate, reproduce, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website or product through which the service is provided, without express permission written by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You will (a) be responsible for Users’ compliance with this Agreement, (b) be responsible for the accuracy, quality and legality of Your Data (as defined below) and the means by which You acquired Your Data, (c) use commercially reasonable efforts to prevent unauthorized access to or use of Services and content, and notify Us promptly of any such unauthorized access or use, (d) use Services and content only in accordance with this Agreement and applicable laws and government regulations.
You will not (a) make any Service or content available to, or use any Service or content for the benefit of, anyone other than You or Users, unless expressly permitted by us, (b) sell, resell, license, sublicense, distribute, make available, rent or lease any Service or content, or include any Service or content in a service bureau or outsourcing offering, (c) use our Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use our Service to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of any Service or third-party data contained therein, (f) attempt to gain unauthorized access to any Service or content or its related systems or networks, (g) permit direct or indirect access to or use of any Service or content in a way that circumvents a contractual usage limit, or use any of Our Services to access or use any of Our intellectual property except as permitted under this Agreement, (h) copy a Service or any part, feature, function or user interface thereof, (i) copy content except as permitted herein, (j) frame or mirror any part of any Service or content, other than framing on Your own intranets or otherwise for Your own internal business purposes or as permitted under this Agreement, (k) access any Service or content in order to build a competitive product or service or to benchmark with any product or service, or (l) reverse engineer any Service. Any use of the Services in breach of this Agreement, by You or Users, that in Our judgment threatens the security, integrity or availability of Our services, may result in Our immediate suspension of the Services, however, We will use commercially reasonable efforts under the circumstances to provide You with notice and an opportunity to remedy such violation or threat prior to such suspension.
Following activity is prohibited on our platform and we shall actively suspend accounts if they are found:
Neither party will use or disclose the other party’s Confidential Information without the other’s prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order; in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information.
You will have and abide by an appropriate Privacy Policy that clearly dictates all your rights to your personal information, and will comply with all applicable laws, policies, and regulations. You must not circumvent any privacy features (e.g., an opt-out) that are part of the Service.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either Party. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time and you will remain liable for all amounts due, up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
To the extent permitted by applicable law, SurveySparrow Inc., will not be liable for your lost revenues or indirect, special, incidental, consequential, exemplary, or punitive damages, even if SurveySparrow Inc. or its subsidiaries and affiliates have been advised of, knew, or should have known that such damages were possible, and even if direct damages do not satisfy a remedy.
If you are not satisfied with the Service, your only remedy will be to terminate your agreement at any time by notifying us that you no longer wish to use our Services.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. We will notify any changes in the Terms of Service by sending an email to the email address you had given account creation. In case you have opted-out of our email notifications, you are liable to check this page on a periodic basis to know the changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Should you have questions about the Terms of Service, please send us an email to privacy@surveysparrow.com.
The terms of service was last updated on March 10th, 2020.
