Affiliate Terms & Condition

“Coming together is a beginning, staying together is progress, and working together is success.”

– Henry Ford.

Last Updated: 29th April 2021
PLEASE READ THIS AFFILIATE TERM AND CONDITIONS CAREFULLY.

By being an affiliate, you agreed to terms and conditions that is stated in this affiliate terms and conditions (tnc) agreement.

These terms and conditions govern our relationship between you as an affiliate and us ("Dive Xpose") as the platform that provide online products and services.

DEFINITIONS.

"Affiliate Program" means our affiliate program as described in this Agreement.

"Affiliates" means any customer, community members or any other person that has been approved and provided an affiliate account that enable them to referred others to Dive Xpose products and services.

"Affiliate Link" means the one-of-a-kind monitoring link that you can place and share anywhere with anyone that will allow the capture of referral efforts by you to potential customer.

“Affiliate Tool” means the tool that we make available to you upon your acceptance into the Affiliate Program and for you to use in order to participate in the Affiliate Program including affiliate links, affiliate dashboard, creatives and other tools that may made available to your use in promoting our products and services.

“Customer” means anyone who has purchase any products or services from DiveXpose platform.

“Community Members” means anyone who are inside any of our community channel whether it is in telegram, facebook, whatsapp, or any other social media or community online platform created by Dive Xpose.

“Customer Transactions” means those transactions by Affiliate Leads that are eligible for Commission

"Commissions" means an amount that will be provided to the affiliates when the lead brought has resulted in  customer transaction after any refund period is over or when a customer that has been referred to, make another transaction that qualified to be credited to the affiliates according to affiliates commission terms.

"Cookies Duration" we use cookie to track affiliate referral. Anyone who click on your affiliate link will have a cookies that will refer their purchase to the affiliate within the cookies durations as specified in your affiliate cookies duration.

"Customer Data" means all information that Customer submits or collects via the Dive Xpose platform,products and services and all materials that Customer provides or posts, uploads, inputs or submits for public display through the platform.

“Dive Xpose Products” means both the Subscription Service and Products listed in Dive Xpose Platform or Website that directly produced, distributed exclusively by Dive Xpose Pte Ltd.

"Other Products" means products from business partners, associated vendors, or where Dive Xpose is an affiliated to where Dive Xpose has no direct control of the products creation, distributions, supply chain and return / refund policies.

Affiliates application and acceptance.

Although the affiliate programs are open to any customers, community members of Dive Xpose, acceptance into the program is not automatic and only by applications.

We review every application into the affiliate program manually, this is to ensure the quality of the network and the programs as we provide one of the most generous commission rate in the industry. Application review shall take 7 working days from the date of applications.

Before we accept an application, we may want to review your application with you, so we may reach out to you for more information. We may require that you complete certain requirements or certification(s) before we accept your application. If we do not notify you that you are accepted to participate in the Affiliate Program within fourteen (14) days from your application, your application is considered to be rejected.

If you are accepted to participate in the Affiliate Program, then upon notification of acceptance, the terms and conditions of this Agreement shall apply in full force and effect, until terminated, pursuant to the terms set forth below. You will comply with the terms and conditions of this Agreement at all times, including any applicable Program or usage policies.

Trademarks

You may use our trademark including creatives, logo, images and other contents provided in your affiliate tools as long as you follow the usage requirements in this section.

You must: (i) only use the images of our trademark without altering them in any way; (ii) only use our trademarks in connection with the Affiliate Program and this Agreement; (iii) immediately comply if we request that you discontinue use. You must not: (i) use our trademark in a misleading or disparaging way; (ii) use our trademark in a way that implies we endorse, sponsor or approve of your services or products; or (iii) use our trademark in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.

Non-Exclusivity

This Agreement does not create an exclusive agreement between you and us. Both you and we will have the right to recommend similar products and services of third parties.

Proprietary Rights

Dive Xpose's Proprietary Rights. No license to any software is granted by this Agreement.

The DiveXpose's Products are protected by intellectual property laws and belong to and are the property of us or our licensors (if any). We retain all ownership rights in the Products. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Dive Xpose Content, Products or Services in whole or in part, by any means, except as expressly authorized in writing by us. If you wish to use our Content, you must comply to terms set forth in this Agreement.

We encourage all customers, affiliates and partners to comment on the Dive Xpose Product,  Services and Other Products ,provide suggestions for improving them, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into our Products and Services  without payment to you.

Customer’s Proprietary Rights. As between you and Customer, Customer retains the right to access and use the Customer portal associated with the Dive Xpose Products and Services. For the avoidance of doubt, Customer will own and retain all rights to the Customer Data.

Affiliate Representations and Warranties

You represent and warrant that: (i) you have all sufficient rights and permissions to participate in the Affiliate Program to provide Affiliate Lead’s for our use in sales and marketing efforts or as otherwise set forth in this Agreement, (ii) your participation in this Affiliate Program will not conflict with any of your existing agreements or arrangements.

You further represent and warrant that: (i) you will ensure that you are compliant with any trade or regulatory requirements that may apply to your participation in the Affiliate Program (for example, by clearly stating you are a Dive Xpose Affiliate on any website(s) you own where you make an Affiliate Link available); (ii) you will accurately provide in the Affiliate Tool all websites and domains you own where you intend to use Affiliate Links to generate Affiliate Leads; (iii) you will not purchase ads that direct to your site(s) or through an Affiliate Link that could be considered as competing with Dive Xpose's own advertising, including, but not limited to, our branded keywords; (iv) you will not participate in cookie stuffing or pop-ups, false or misleading links are strictly prohibited; (v) you will not use your own Affiliate Link to purchase Diveproducts for yourself; and (vi) you will not use any mechanisms to deliver leads other than through an intended consumer.

This includes sourcing leads through compilations of personal data such as phonebooks, using fake redirects or other tools or automation devices to generate leads (including but not limited to robots, lframes, or hidden frames), or offering incentives to encourage purchases or signups.

Eligible Transactions

You will only be eligible for a Commission payment for any Customer Transactions that derived from Leads generated by the Affiliate Link that we make available to you that are in compliance to this terms and conditions.

1. Cookies Duration.

We use cookies to track any leads you generate thru the affiliate links provided, our cookies expiry is one of the most generous in the market, it will track your leads for a period of 90 days or any other period as shown in your affiiate dashboard.

2. Transaction Validity.

Customer transaction eligilble for commission shall be determine by the followings:

i) Cookies Validity.
Customer transaction that happened after cookies expiry will not be credited to you. In the event the same leads make a transaction from another affiliate's link after you, the transaction shall be credited to the last affiliate cookies.

ii) Fraudulent means.
The transaction or commission has been obtained by fraudulent means, misuse of the Affiliate Link, in violation of any Affiliate terms and conditions that we make available to you, misuse of the Affiliate Tools or by any other means that we deem to breach the spirit of the affiliate program.

iii) Type of transaction the customer make.
Purchasing through your own affiliate links will not be eligible for commission. Please note the different type of transaction that are eligible for commission and those that are not eligible as stated in this terms and conditions.

iv) Refund Return Transaction
All customer transaction that are cover for "money back refund guarantee" or "return exchange policies", although reflected in your affiliate dashboard will not be qualified for payout until the refund window period is over unless otherwise is provided for in some of promotion campaign Dive Xpose conduct that will be notified in writing prior the campaign to all affiliates.

v) Transaction by Credit.
Any customer transaction that used credit payment due to promotion, return or exchange policies will not be eligible for commission to affiliates.

vi) First Customer Transaction.
The commission Sales Rate shown in your affiliate dashboard shall be applied for the first transaction the customer made in our platform for Dive Xpose own product and services. If the first customer transaction is not eligible for the commission, then subsequent products or services purchase shall fall under Sales (lifetime) commission rate. These rates are shown in your affiliate dashboard.

vii) Lifetime Customer Transaction
The Commission Sales (lifetime) rate means for any subsequent qualified customer transaction after the first customer transaction, the affiliates shall be eligible to receive that commission rate. We appreciate and value lifetime customer value to your referral and you will be rewarded for lifetime the customer make a purchase of our eligilble products and services

viii) Recurring Customer Transaction
When there are eligible  Dive Xpose products or services that generate recurring revenue such as membership or subscription services, affiliates are eligible to receive recurring commission at the stated recurring rate in the affiliate dashboard.

ix) Product Specific Transaction.
From time to time, affiliates will be notified of product specific commission rates during special promotion or campaign Dive Xpose runs and these are products that has a generous commission rate applied for a limited period of time.

x) Other products.
In Dive Xpose platform we feature products and services from our partners and some of these produts may gnerate affiliate revenue to us while most of them do not. The reason these products and services are listed in our platform is to provide a hollistic and complete customer experience and provide our community the best of products and services. These other products will not be eligible for commission to our affiiates.

3. Commission Payment

Payment of commission shall be done only thru Paypal at the moment, you must have a paypal account for commission to be made. Payment will be processed when your payable commission has reached the minimum amount of SGD$100.

Payment of eligible products and services purchased by affiliates from payable commission credit is allowed without the need to meet the minimum amount payout.

CHANGES TO THIS Terms and Conditions

We may change or discontinue any or all parts of the Affiliate Program benefits or offerings at any time without notice.

If we make material changes to the affiliate terms and conditions, we will notify you by posting a notice on the your affiliate account dashboard and by sending an email to you.

It’s important that you review the changed terms and conditions. If you do not wish to agree to the changed terms and conditions, then we will not be able provide you access to the affiliate program, and your only option will be to stop accessing the affiliate account and Services and deactivate your DiveXpose affiliate account. You can deactivate your account by sending us an email to admin(@)divexpose.com. remove bracket.

Disclaimers & Limitations of Liability

Disclaimer of Warranties.

We and our affiliated companies and agents make no representations or warranties about the suitability, reliability, availability, timeliness, security or accuracy of the dive xpose products, services, content, the affiliate program or the affiliate tool for any purpose.

Dive Xpose platform including the the Affiliate Dashboard and the tools may not be available at all times.

To the extent permitted by law, the affiliate tool, contents and services are provided "as is" without warranty or condition of any kind. we disclaim all warranties and conditions of any kind with regard to the  affiliate tool and services including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

No indirect damages. to the extent permitted by law, in no event shall either party be liable for any indirect, punitive, or consequential damages, including lost profits or business opportunities.

Limitation of liability. if, notwithstanding the other terms of this agreement, we are determined to have any liability to you or any third party, the parties agree that our aggregate liability will be limited to the total commission amounts you have actually earned for the related customer transactions in the twelve month period preceding the event giving rise to a claim.

Affiliate tool. we disclaim all liability with respect to the affiliate tool that you use. we do not promise to make the affiliate tool available to you, and we may choose to do so, or not to do so, in our discretion.

Cookie duration. cookies used as part of the affiliate tool have a set duration. if a potential customer clears their cookies during this period, DiveXpose shall not be liable for any commissions that may have been owed to you.

No Third Party Beneficiaries

Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of this terms and conditions

Assignment

You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without our prior written consent.

We may assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law

Compliance with Applicable Laws

You shall comply, and shall ensure that any third parties performing sales or referral activities on your behalf comply, with all applicable foreign and domestic laws (including without limitation export laws and laws applicable to sending of unsolicited email), governmental regulations, ordinances, and judicial administrative orders. You shall not engage in any deceptive, misleading, illegal or unethical marketing activities, or activities that otherwise may be detrimental to us, our customers, or to the public.

Severability

If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.

GOT FEEDBACK?

Your opinion matters to us! If you’d like to provide feedback to us about this affiliate terms and conditions, please contact us at: admin(@)divexpose.com. (remove bracket)
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