Last Modified: July 14, 2021
The English version of legal agreements and policies is considered the only current and valid version of this document. Any translated version is provided for your convenience only, to facilitate reading and understanding of the English version. Any translated versions are not legally binding and cannot replace the English versions. In the event of disagreement or conflict, the English language legal agreements and policies shall prevail.
This is a contract between you (the “Affiliate”) and us https://visaexpress.us.com/ (“VisaExpress”). This contract describes how we will work together and other aspects of our business relationship. It is a legal document so some of the language is necessarily in “legalese” form, we have tried, however, to make it as readable as possible.
The Marketing Affiliate Program Agreement applies to your participation in our Marketing Affiliate Program (the “Affiliate Program”). These terms are so important that you cannot participate in our Affiliate Program unless you agree to them.
VisaExpress, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the VisaExpress website (this "Site"). You acknowledge and agree that (i) VisaExpress may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the "Last Revised" date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, VisaExpress may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account ("Account") information, including your email address, current. VisaExpress assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address. If you don’t agree to the update or replacement, you can choose to terminate your participation as we describe below.
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 and to work with other parties in connection with the design, sale, installation, implementation, and use of similar services and products of third parties.
This Affiliate Program Agreement (also "Agreement", "Affiliate Agreement", "Terms and Conditions", "Affiliate Terms and Conditions", ) is entered into by and between https://visaexpress.us.com/ (“VisaExpress”) which is powered by GovAssist, a Limited Liability Company Registered in the United States Commonwealth of Puerto Rico, and the Partner (also “Affiliate Partner”, “Affiliate”), and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of the VisaExpress Affiliate Program (the "Affiliate Program" or the "Agreement"). Your electronic acceptance of this Agreement signifies that you have read, understood, acknowledged, and agreed to be bound by this Agreement, along with VisaExpress' Terms Of Service, Terms of Use, Privacy Policy, and Legal Disclaimer which are incorporated herein by reference.
The terms "we", "us" or "our" shall refer to VisaExpress. The terms "you", "your", “your”, or "User", shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
In order to enroll in the Affiliate Program, you need to submit your application through the affiliate registration form on the VisaExpress website (the Website) at https://visaexpress.us.com/affiliate. All affiliate registrations are reviewed by us before deciding if an application is accepted. If we determine that your application is not suitable for the Affiliate Program, it may be rejected for any reason.
As a VisaExpress Affiliate, you agree that:
It is your full responsibility to provide us with accurate account information and it is your responsibility to keep that information up to date. Such information includes, but is not limited to: contact details, payment details, tax information, all website URL(s) where VisaExpress is promoted, promotional means and practices, and any other details we may request. VisaExpress reserves the right to request any additional information about each website, where VisaExpress is promoted and any additional information about the practices used to promote VisaExpress on those websites. If by any means you fail to provide the requested data or the data is not accurate it may result in exclusion from the Affiliate Program, temporary suspension or termination of your Affiliate account, and loss of any Commissions.
The Affiliate must act in good faith and refer clients in good standing. Clients in good standing are your referred web hosting account owners that have provided valid contact information, have active accounts that do not exceed any limitations as per the VisaExpress Terms of Service, and are not flagged for high fraud risk. Active account refers to your referred new users who have created an account and have not canceled it in more than 45 (forty-five) days.
You should not make any recommendations or take any actions that would result in a potential revenue loss for VisaExpress. You should not use any marketing practices that may attract clients that are not in good standing.
You should not act in your own will as per modifying, copying, or altering any banners, icons, graphics, or any other content that is contained in VisaExpress’ Links including but not limited to altering and modifying any copyright or trademark notices, without prior written approval from VisaExpress.
You shall not use self-referral methods, you can’t click on your affiliate links and/or banners and make orders via your unique affiliate link. Matching IP addresses that were used to log in to the Affiliate panel and to make the purchase, are going to be considered as self-referral and no exceptions will be made. Additionally, the use of VPN services to make a purchase via the affiliate link will also be considered a violation. Violations can result in the loss of all accrued Rewards and dismissal from the program.
You agree not to violate any applicable law of any country or jurisdiction.
You should be loyal to VisaExpress and should not misuse its confidence and shall not damage VisaExpress reputation.
Not to advocate, promote, or encourage violence or discrimination against any person, organization, or governmental entity.
If VisaExpress suspects or detects patterns of violations of the Affiliate Program Agreement, VisaExpress reserves the right, as a result of Program Agreement violation, to suspend and/or terminate your Affiliate account and cancel all commission payments due.
Only promotional materials that are approved by VisaExpress may be used in the Affiliate’s Site in order to advertise VisaExpress. Approved promotional materials refer to the materials that are provided in your Affiliate Area. Approved promotional materials may contain VisaExpress trademarks, service marks, logos, and slogans for you to display on your Affiliate Website. By signing this agreement we grant you a non-exclusive, limited and non-transferable license to access, download, and place the approved promotional material on your website with the sole purpose to promote websites operated, controlled, and owned by VisaExpress.
If by the decision of any party the Affiliate Agreement is terminated, upon termination your non-exclusive, limited and non-transferable license to access, download and place the approved promotional materials of VisaExpress will be immediately and automatically withdrawn.
Inappropriate ways of advertising include, but are not limited to:
Use of graphics and text links on your website and within e-mails is encouraged, as long as the above guidelines are followed. Advertising in offline media such as classified ads, magazines, and newspapers must come with pre-approval from GovAssist. Altering of the provided visaexpress.us.com banners and text links without obtaining consent from VisaExpress is prohibited.
VisaExpress shall have the sole right to decide if a promotional method you use is appropriate. The use of any advertising method that we consider inappropriate may result in a warning, suspension, or termination of your affiliate account and cancellation of all outstanding Commission payments due. Additionally, any rude, aggressive, or offensive communication with the dedicated affiliate manager in any form; will result in a permanent ban from the Affiliate Program with no exceptions made.
We track affiliate sales automatically by using cookies. The cookies are automatically placed in the browser of the user who clicks on the affiliate link in order to reach our website. Every cookie is stored for up to 45 days. If cookies are deleted intentionally by the user, VisaExpress does not hold responsibility for this action.
If the sale is for a VisaExpress Product or Service to a NEW client, you will receive Forty ($40) USD Commission per NEW client. If the sale is for a VisaExpress Product or Service to a RETURNING client, you will receive Ten ($10) USD Commission per RETURNING client. This commission structure will be valid for two (2) consecutive years. When the monthly volume of Affiliate referrals exceeds 500 products or services sold for a period of 2 consecutive months, then the commission will increase to Fifty ($50) USD per client for all NEW clients and Twenty ($20) USD for all RETURNING customers for a period of two (2) consecutive years as long as the volume is maintained for at least Six (6) months continuously; otherwise, the rate will return to the standard rate of Forty ($40) USD Commission per NEW client and Ten ($10) USD Commission per RETURNING client.
Commission Payments are completed at the beginning of every month (during the 1st week of the month), for transactions that took place the previous month. Payouts are made through an agreed-upon payment processor. The minimum commission payout is $200 USD.
We retain the right to change the Commission structure and the method of calculation of the Commission at any time. Other Commission plans are not offered as standard but could be discussed with your Account Manager after a review of the Partnership.
If you disagree with the Commission due as reported, you shall send an email to [email protected] and indicate the reasons and/or observations in fourteen (14) days since the balance due or the force majeure event’s date. Failure to send an email within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgment.
If the purchase will be canceled or refunded by the request of the client within the 45 days period - the Commission for such purchase will be deducted. We retain the right to review all the transactions for possible fraud, whether such fraud is on the part of the customer, or on your part. During the time which We review Commissions for possible fraud or any other concerns due to illegal activity, we may withhold payment of any balance due to you for up to 180 (one hundred eighty) days, while We investigate and verify that the relevant transactions comply with the provisions of the Agreement, applicable laws, and regulations.
You will have access to a Commission statement due in your Affiliate Area at the start of a new month according to your registration date.
As mentioned in Section 6 (Affiliate Commissions), Commission Payments are completed at the beginning of every month (during the 1st week of the month) through an agreed-upon payment processor. The minimum commission payout is $200 USD.
Until the termination of your account, the Affiliate Program Terms and Conditions will be considered a valid self-billing agreement between VisaExpress and you. By signing up for this Affiliate Agreement you agree and accept self-billing invoices that will be raised by VisaExpress, you agree to raise no sales invoices for any Commission payouts that you receive from VisaExpress and agree on notifying us immediately if you change your company details, name, email, or other status.
Both the Affiliate and VisaExpress agree that they are entering into this Affiliate Agreement as independent contractors and this agreement creates no business partnership, agency franchise, joint venture, sales representative, or employment relationship between them. You have no authority to accept or make any representations or offers on behalf of VisaExpress. You cannot make any statements on your website or otherwise, that would contradict anything in this section.
At any time you can cancel and terminate your affiliate account by contacting us through [email protected]. VisaExpress will send you a confirmation that your account has been terminated, as requested.
VisaExpress can terminate an affiliate account:
After an affiliate account is terminated, the sales associated with the affiliate will no longer be tracked by us and you will no longer qualify for any future Commissions. Additionally, the Partner will be considered an inactive Affiliate if the account will not have any new Conversions for the last six months and such accounts will be marked as dormant. If any Commissions are due at the time of termination, they will be paid to the Affiliate after any applicable holding period with the regular payout cycle. No outstanding commission payments will be due if your account is terminated due to the violation of these Terms and Conditions.
Once the Affiliate account is terminated, the Affiliate is obliged to remove any and all promotional materials, links, logos, trademarks, and slogans of VisaExpress from his website within forty-eight (48) hours. This provision survives the termination of the Affiliate Agreement. Upon the termination of this Affiliate Agreement, the Affiliate no longer has the right to use any of VisaExpress trademark(s), logo(s), and slogan(s) and will refrain from any actions that may affect the reputation, the image, and any business relations with current and potential clients of VisaExpress, directly or indirectly.
Once the Affiliate account is terminated, this Affiliate Agreement is terminated automatically.
Each party will sign a Non-Disclosure Agreement (NDA) and acknowledges that, as a result of this Affiliate Agreement, it may gain access to certain Confidential Information of the other party. “Confidential Information” means all documentation and information, including techniques, algorithms and processes and technical, business and marketing information, designated or marked by the party disclosing such documentation and information orally, visually or in writing (the “Disclosing Party”) as “proprietary” or “confidential” or the like, or that the other party (the “Receiving Party”) knows to be confidential, or should reasonably consider being confidential under the circumstances of its disclosure, supplied by the Disclosing Party to the Receiving Party in connection with this Affiliate Agreement.
During the Term and for a period of five (5) years thereafter, each Receiving Party agrees (a) to hold the Disclosing Party’s Confidential Information in strict confidence, using the same degree of (but no less than reasonable) care and protection that it exercises with its own Confidential Information of a similar nature; (b) not to directly or indirectly disclose or otherwise make available any Confidential Information of the Disclosing Party to a third party, and (c) not to copy or use Disclosing Party’s Confidential Information for any purpose other than as necessary to fulfill Receiving Party’s obligations or exercise its rights under this Affiliate Agreement. Each party will disclose the other party’s Confidential Information only to its employees and affiliates with a “need to know” in order to fulfill such party’s obligations hereunder. In addition, the Receiving Party will be allowed to disclose Confidential Information of the Disclosing Party to the extent that such disclosure is approved in writing by the Disclosing Party or is required by law or by the order of a court or similar judicial or administrative body, provided that (to the extent permitted by law) the Receiving Party notifies the Disclosing Party of such required disclosure promptly and in writing and cooperates with the Disclosing Party, at the Disclosing Party’s reasonable request and expense, in any lawful action.
The obligations of this Section will not apply to Confidential Information if such information: (a) is publicly available prior to or at the time of disclosure, or later becomes publicly available through no act of the Receiving Party; or (b) was, prior to disclosure hereunder, rightfully known to the Receiving Party (other than in connection with this Affiliate Agreement) without confidentiality restriction.
Any controversy, claim, or dispute arising under this Affiliate Agreement will be resolved according to the jurisdiction and legislation of the United States Commonwealth of Puerto Rico.
We retain the right to change any policies or terms of this Affiliate Agreement at any time. The amendments and/or supplements of the Agreement are effective immediately upon being posted to the VisaExpress website. The current Terms and Conditions of the Affiliate Agreement are always available publicly on VisaExpress’ website. If by any means you do not agree with the amendments and/or supplements of the Affiliate Agreement, you can cancel your account within three (3) business days, counting from the date of the amendments and/or supplements. Only an official VisaExpress officer has the right to make any amendments and/or supplements to this Affiliate Agreement. No agent of, or person employed by or under contract with, VisaExpress has any authority to alter or vary this Affiliate Terms and Conditions Agreement in any way. No oral explanation or oral information given by any party shall alter the interpretation of this Affiliate Agreement.
VisaExpress, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the VisaExpress website (this "Site"). You acknowledge and agree that (i) VisaExpress may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the "Last Revised" date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, VisaExpress may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account ("Account") information, including your email address, current. VisaExpress assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address. If you don’t agree to the update or replacement, you can choose to terminate your participation as we describe below.
VisaExpress, under any circumstances or in any event whatsoever, shall have any liability for any error or omission or delay of any kind occurring in the settlement, collection, or payment of any of the Receivables or any instrument received in payment thereof, or for any damage resulting therefrom. We will not be liable for any indirect or accidental damages (i.e. loss of revenue, and/or commissions) due to affiliate tracking failures, loss of database files, and any results of intents of harm to the program or our website.
The Affiliate hereby acknowledges and agrees that VisaExpress shall have no liability whatsoever in contract, tort (including negligence) or otherwise for any loss of goodwill, business, revenue or profits, anticipated savings or wasted expenditure (whether reasonably foreseeable or not), or indirect or consequential loss suffered by the Contractor or any third party in relation to this Agreement.
VisaExpress is not liable for any indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, and any results of intents of harm to the program or our website.
Affiliate recognizes and acknowledges that VisaExpress makes no representation or warranty, express or implied, that Affiliate has any right, title, or interest in the Assigned Agreement or as to the priority of the assignment for security purposes of the Assigned Agreement or the Assigned Agreement Accounts. Affiliate is responsible for satisfying itself as to the existence and extent of VisaExpress right, title, and interest in the Assigned Agreement, and Affiliate releases VisaExpress from any liability whatsoever. We make no claim that the operation of the affiliate program and/or our website will be error-free and we will not be liable for any interruptions or errors.
(A) VisaExpress DOES NOT MAKE AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY; AND (B) WITH RESPECT TO THE AFFILIATE PROGRAM OR THE SALE OF OUR PRODUCTS AND SERVICES, COMPANY SPECIFICALLY DOES NOT REPRESENT OR WARRANT AND EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR AS TO THE WORKMANSHIP OR TECHNICAL CODING THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT.
Please contact us for any questions by emailing [email protected]
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