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Referrer Scheme Terms

By participating in our Referral Scheme you must agree to all of the terms to be eligible to become accepted into program, continued membership and payments:

By participating, you confirm that you have read and understood this agreement in full and agree to be bound by its terms.

Requirements for membership

Membership and participation in the Referral Scheme is at the sole discretion of XmlSitemapGenerator

Your website must be high quality, user friendly and already live. Sites must not be under construction or in a beta status.

If XmlSitemapGenerator determines that your website or if you are unsuitable for the present Referral Scheme for any reason, your application may be rejected.

XmlSitemapGenerator reserves the right to provide notice to any applicant of their rejection or removal from the Referral Scheme at any time.

Advertising and Promotion

XmlSitemapGenerator may make various hyperlinks, information, and graphics available for use which are subject to the present agreement. The hyperlinks will help identify your particular account and purchases originating from your website or e-mail to XmlSitemapGenerator.org website.

Referrers (you) agree to only display on their website hyperlinks, graphics, and/or textual images provided by XmlSitemapGenerator.org.

Posting links to third party websites you do not own/control may be considered a material breach of this agreement. The definition of third party websites under this section also includes social media websites, including but not limited to Facebook, Twitter, Instagram, Gab, TikTok, YouTube, LinkedIn, etc.

You agree not to use surreptitious techniques such as "cookie stuffing" and iFrames that set your Referrer Code without the Referring Subscriber’s knowledge

Except as permitted above Referrers must not use XmlSitemapGenerators brand or intellectual property (or any variations including but not limtited to mispellings or terms which may be confused or similar) without express prior written permission.

This includes but not limited to :

  • bids for keywords including but not limited to Google adwords and similar programmes
  • Search engine advertising and keyword biddings and promotions
  • In meta tags, key words and other content.
  • Content that may cause intial iterest or confusion

In addition to being in breach of this agreement such acts shall be considered unlawful infringement on XmlSitemapGeenrator's intellectual property and copyright and may be subject to claims for damages.

Referrers are not allowed to post any refunds, credits, promotions, or discounts, or other content concerning XmlSitemapGeenrator, unless XmlSitemapGeenrator has given prior written permission by an approved representative in each instance.

Referrers may only use coupons, discounts, and promotions that are provided solely and exclusively by XmlSitemapGeenrator

Any custom promotional materials or content must not be usedmunless XmlSitemapGeenrator has given prior written permission by an approved representative in each instance.

If the Referrer chooses to use custom advertising and/or promotional material that he, she, or a third-party other than LTM created in execution of the obligations set forth in this Agreement, the promotional material MUST be approved in advance in writing by an authorized representative of LTM.

Any violations of the terms including but not limited to links, coupons, refunds, credits, promotions, or discounts shall constitute a material breach of this agreement, and may result in Referrers' termination from the program and withholding of one or more commissions.

Referrer must not use adverts or links in any way which implies that Your site was established or is maintained XmlSitemapGenerator, state or imply that You are an authorized representative of XmlSitemapGenerator, or use terminalogy such as "official" or any similar phrasing in reference to any Advertisements displayed or used by You.

XmlSitemapGenerator reserves the right to inspect and monitor Your site without notice and from time to time, and to ask You to submit documentation and copies of Your use of the Advertisements on Your site. This may include automated monitoring and scanning of your content.

XmlSitemapGenerator reserves the right to require that You stop displaying or using any XmlSitemapGenerator material on Your site, if any displays or uses, at the sole discretion of XmlSitemapGenerator, is inconsistent with the Referrer Scheme.

Referrer also agrees not to post the Referrer Code in any third party's newsgroups, blogs, unsolicited e-mail chains, link farms, chatrooms, or guestbooks in cases where the content or content of discussion is not related to the services offered by XmlSitemapGenerator as well as the rules of the third party platform.

You must not use automated bots to contribute comments containing XmlSitemapGenerator links.

You must not minic, clone or create confucsingly similar content to that of XmlSitemaGenerator

XmlSitemapGenerator reserves the right to withhold commission fees and terminate this Agreement with you should we determine, in our sole discretion, that Referrer is not in compliance with the previously mentioned guide or other applicable regulations.

Order fullfilment

We reserve the right in our sole discretion to reject orders that do not comply with account requirements that we may establish.

XmlSitemapGenerator is responsible for administering all new accounts including fulfillment, refunds, and payment processing.

When tracking a qualifying purchase generated by your website, we will update your Referrer account with information about conversions

It is Referrers' responsibility to ensure that the Referrer links between your website and XmlSitemapGenerator are accurate and working correctly.

Determination of Commissions

XmlsItemapGenerator pays Referrers' a commission fee on each qualifying subscription under and in accordance with the terms set out in this Agreement. Each qualifying subscription must meet all of the following criteria:

  • Each referred subscriber must be considered a new and unique visitor to the XmlsItemapGenerator website
  • Must subscribe using valid and unique account and billing information and must not be renewing, reactivating a previously closed or disabled account.
  • All qualifying subscriptions must make a purchase, and provide valid payment for the purchased services.
  • To generate a Commission Fee, each Referred subscriber must be up-to-date regarding payments at the time and date of the processing of the commission payment and not be subject to a chargeback, refund, cancellation, credit, or account suspension.
  • All fees and administrative costs from chargeback, refund, cancellation, etc. will be deducted from Referrers' payment for that month.
  • All Referred subscribers must comply in full with the EULA, Acceptable Use, and Privacy Policy.

If it is determined that a referred customer was provided an offer different from the promotions offered at that time by XmlsItemapGenerator, XmlsItemapGenerator will not pay a commission on that referred subscriber.

XmlsItemapGenerator reserves the right to withhold or suspend payment of any cmmission fees at any time and indefinitely, if it suspects in its sole discretion fraud, or other improper activity, or a breach of any terms of this Agreement by Referrer OR a referred subscriber.

XmlsItemapGenerator reserves the right to deduct from Referrer’s current and future Commissions any and all fees relating to any questionable, fraudulent, or canceled subscriptions related to the Referrer account.

If a commission has already been paid to Referrer under the aforementioned circumstances, XmlsItemapGenerator will send an Referrer a bill for the balance of such refunded purchase upon termination of the program or termination of the referred subscriber.

XmlSitemapGenerator, in its sole discretion, reserves the right to withhold indefinitely, any commission, and/or to reverse, deny, or reject any Commission for:

  • any sale that has not been in an approved status in good standing as an account of XmlsItemapGenerator for a period of at least thirty (45) days
  • all commissions generated for accounts that may be fraudulent, including but not limited to the use of software that generates real and fictitious information,
  • all orders identified or suspected to be fraudulent based on a pattern of potentially fraudulent activity, including, without limitation, multiple accounts from the same customer, or referral of accounts which do not comply with this Agreement,
  • altering hyperlinks provided to Referrer by XmlsItemapGenerator in any way,
  • Referrers whom we believe may be artificially submitting referred customers, engaging in the advertisement of business-opportunity sites (as determined by XmlsItemapGenerator at its sole discretion), using marketing practices that we deem as unethical or likely to attract
  • fraudulent signups and/or signups with a very low likelihood of renewal, immediatly cancel their renewal, or
  • referred Customers that have been offered or received coupons, refunds, credits or discounts from the Referrer or for Referred Customers who have joined a business opportunity program that is managed or participated in by the Referrer but is also unapproved by XmlsItemapGenerator.
  • Attempts by Referrers to inflate, falsify, or manipulate Referred subscribers, qualifying subscriptions, or Commission fees to intentionally defraud XmlsItemapGenerator or engage in violations of any of the present Terms of this Agreement constitute immediate grounds for termination of this Agreement as well as forfeiture of any currently pending and unpaid Commission fees.

Referrers who request Commissions for Referred Subscribers who are already associated with a XmlSitemapGenerator reseller may be removed as a pending or unpaid commission. Referrers are not eligible for "double" compensation using commissions.

Referrer should note that there are conditions where an Referrer link cannot be tracke dna docmmission will not be paid. For example if a web browser is not set to allow essential cookies, deletes cookies, or makes a purchase on another device.

Commission Payments

XmlSitemapGenerator, agrees to compensate Referrer subject to the terms of this agreement, a commission equal to a specified percentage or monetary amount set forth in this agreement

Payments will be made every 90 days or when the approved transaction comission balance reaches £50 GBP, which ever is greater.

Referrer understands that a subscription can take up to 45 days for it be cleared and approved. If the subscription is cancelled in this perdiod it may be deemed inelligble.

If Referrer does not receive a commission payment for generated subscriptions during the relevant monthly period, then it is Referrer’s duty to inform XmlsItemapGenerator of any subscription related commission issues.

Referrer understands that any and all transaction fees with any third-party payment vendors such as Paypal that are associated with any payments or commissions from XmlsItemapGenerator, will be deducted from Referrer’s gross commissions from XmlSitemapGenerator, and any and all transaction fees or costs are the responsibility of Referrer.

XmlsItemapGenerator is not responsible for payment of any transaction fees associated with recurring payments to Referrers.

It is Referrer’s responsibility to notify and inform XmlSitemapGenerator regarding updated business and e-mail addresses, as well as to any changes to any information relevant to this Agreement such as name, payment method information, email address, principal place of business, tax identification number, contact information, or other personal information.

If an Referrer is terminated as a result of a breach of this agreement, Referrer understands that they forfeit all rights to any unpaid new or recurring subscription commissions generated during the Term of this Agreement.

Payment

Commissions to Referrers are paid based on the information provided by Referrers in the Referrer administrative page.

You understand that it is your obligation to maintain current address and business information by updating your profile with XmlSitemapGenerator and submitting the relevant proposed banner placement before you are eligible to receive any commission based on this Agreement.

Note at the time of luanching we are still determining the final cash out mechanism but we expect it to be paypal

Paypal policies govern payments and eligibility for companies so please check with Paypal to confirm that you are eligible to receive payments. No alternatives payout mechinisms are planned at this stage. We are not responsible or liable for paypals policies and their impact on your abilitiy to receive money.

Referrer understands that all payments or third-party fees charged by your banking institution, Paypal, or other payment provider for Commissions are Referrer’s responsibility and are not incurred or paid by XmlSitemapGenerator.

XmlSitemapGenerator in its sole discretion, reserves the right to modify the present section of the Commission payment terms described herein at any time. Changes are to take effect upon posting.

In the event of a dispute between Referrer and XmlSitemapGenerator regarding a commission, Referrer understands that they have access to the XmlSitemapGenerator Referrer account page, which provides relevant tracking for each Referrer’s commission.

Referrer also understands that they agree to file any tracking or commission dispute as well as any other disputes and discrepancies within forty-five (45) days after the end of the month in which the disputed sale/event took place.

XmlSitemapGenerator will not accept disputes filed after 14 days from the date on which the qualifying Purchase occurred, and Referrer understands that they forever forfeit their right to a potential claim.

Taxes

All tax related matters are the Referrer’s responsibility

.

Referrers are responsible for te reporting and payment of all commissions earned under this agreement.

Referrer Obligations

Referrer understands that they are solely responsible for the content, development, operation, and maintenance of their Website and for any and all materials that appear on said site.

Such responsibilities include but are not limited to, technical operation, advertising, proper hyperlinks, description of services, promotions, and accuracy of content. Referrer understands that XmlSitemapGenerator disclaims all liability and responsibility for the aforementioned matters.

XmlSitemapGenerator Obligations

XmlSitemapGenerator agrees to provide Referrer with necessary materials and Referrer codes to properly link your Referrer account to XmlSitemapGenerator.

XmlSitemapGenerator agrees to review purchases referred to XmlSitemapGenerator from Referrer, to track the volume and number of Qualifying Subscriptions originating from Referrer’s unique code, and provide statistics related to each Referrer’s purchase statistics. Determinations made by XmlSitemapGenerator regarding the foregoing shall be binding on the Parties absent manifest error.

XmlSitemapGenerator has the right to monitor signups through Referrer’s website at any time and from time to time in order to assess compliance with these Terms and Conditions. Lack of compliance regarding any part of this Agreement is sufficient grounds for termination of the Referrer Agreement.

Tracking Qualifying Subscriptions

Referrer understands that they may track qualifying subscriptions by logging into their XmlSitemapGenerator account and viewing the Referrer page.

Qualifying subscriptions are updated daily and Referrers are encouraged by XmlSitemapGenerator to periodically review the Referrer console to verify accuracy of upcoming and previous payments.

Subscriber Policies and Pricing

Qualifying referred subscribers who subscribe to XmlSitemapGenerator through an Referrer are deemed to be the clients or customers of XmlSitemapGenerator.

Thus, all rules, policies, Agreements and operating procedures concerning XmlSitemapGenerator will apply in full to those clients.Referrer understands that XmlSitemapGenerator may alter any of its policies at any time. Referrer understands that pricing and availability of XmlSitemapGenerator services may be subject to change at any time. XmlSitemapGenerator agrees to provide commercially reasonable efforts to present accurate information to Referrer, but XmlSitemapGenerator cannot guarantee the availability or price of any particular service. It is important to understand that Referrer by assenting to these terms also agrees to the XmlSitemapGenerator Terms of Service.

Binding

This Agreement shall be binding; the failure of XmlSitemapGenerator to enforce the strict performance of the terms of any provision of this Agreement shall not be deemed a waiver of the right of XmlSitemapGenerator, employees, agents, partners, or its officers to subsequently strictly enforce any provision of this Agreement.

E-mail marketing

Referrer agrees not to create, publish, transmit or distribute, under any circumstances, any bulk electronic mail messages (spam) without prior written consent from XmlSitemapGenerator for each and every day when any bulk mailing will occur.

XmlSitemapGenerator, in its sole discretion, reserves the right to reject each and every e-mail mailing.

Additionally, Referrer may only send e-mails containing an XmlSitemapGenerator Referrer link and or a message regarding XmlSitemapGenerator or XmlSitemapGenerator's Referrer Program to individual(s) who have been previously contacted and whom consented to the fact that Referrer will be sending one or more e-mails containing XmlSitemapGenerator information or information about the XmlSitemapGenerator Referrer program.

Failure by Referrer to abide by this section, and any relevent regulations, in any manner, will be deemed a material breach of this Agreement by Referrer and Referrer will foreclose any and all rights they may have to any commissions.

If Referrer’s account is found to have excessive e-mail generated traffic within a short period of time as determined by XmlSitemapGenerator in its sole discretion, the Referrer relationship may be terminated.

Assignment

The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by Referrer, but may be assigned by XmlSitemapGenerator without restriction. Any right to assign or transfer the obligations under this Agreement by Referrer requires the express written consent of XmlSitemapGenerator.

Severance

The terms and conditions contained herein constitute the entire Agreement between the Parties. If a court of competent jurisdiction holds any term, clause or provision of the present agreement invalid or unenforceable, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

Confidentiality

Referrer agrees that all information including, without limitation, the terms of this Agreement, business and financial information, XmlSitemapGenerator vendor lists, and pricing and sales information, shall remain strictly confidential and shall not be utilized for any purpose outside the terms of this Agreement except and solely to the extent that any such information is

  • already lawfully known to or
  • independently developed by the receiving party,
  • disclosed in published materials,
  • generally known to the public, or
  • lawfully obtained from any third party any obligation of confidentiality to the discloser hereunder.

Referrer understands that they will act with due diligence to prevent a disclosure of confidential information. Notwithstanding the foregoing, each party is hereby authorized to deliver the copy of any such information

  • to any person pursuant to a valid subpoena or order issued by any court or administrative agency of competent jurisdiction,
  • to its accountants, attorneys, or other agents on a confidential basis, and
  • otherwise as required by applicable law, rule, regulation, or legal process, including but not limited to EU General Data Protection Regulation (GDPR).

Referrer Representations and Warranties

Referrer represents and warrants to XmlSitemapGenerator as follows:

You are at least eighteen (18) years of age and of sound mind to enter into a legally binding contract.

The present Agreement has been duly and validly executed and delivered by Referrer and contains Referrer’s legal, valid, and binding obligation, enforceable against Referrer in accordance with its terms. No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by Referrer in connection with the execution, delivery, and performance of this Agreement or the taking by Referrer of any other action contemplated hereby. The execution, delivery, and performance by Referrer of this Agreement and the consummation by Referrer of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate:

  • any provision of law, rule, or regulation to which Referrer is subject,
  • any order, judgment, or decree applicable to Referrer or binding upon Referrer assets or properties,
  • any provision of Referrer’s by-laws or certificate of incorporation, or
  • any agreement or other instrument applicable to Referrer or binding upon Referrer assets or properties.

There is no pending or, to the best of Referrer’s knowledge, threatened claim, action, or proceeding against Referrer, or any Referrer of Yours, with respect to the execution, delivery, or consummation of this Agreement, and, to the best of Referrer’s knowledge, there is no basis for any such claim, action, or proceeding.

During the term of the Agreement, Referrer understands that they are not to include in Referrer promotions content that is, in Our opinion, unlawful, harmful, threatening, defamatory, obscene, harassing, racially,ethically, or otherwise objectionable or are in violation of Our Terms of Service or Acceptable Use Policy.

Each Referred Customer and each Qualifying Purchase referred or submitted by Referrer to XmlSitemapGenerator, is valid, genuine, unique and not fraudulent and meets each of the Criteria for generating a Commission Fee as provided in this Agreement.

Indemnification

Referrer hereby agree to indemnify and hold harmless XmlSitemapGenerator and Our subsidiaries and Referrers, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on:

  • Any claim that Referrer’s use of their Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party,
  • Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by Referrer herein, or
  • Any claim related to Referrer’s website, including, without limitation, its development, operation, maintenance and content therein not attributable to XmlSitemapGenerator.

Agreement Term

The Agreement term begins upon XmlSitemapGenerator’s acceptance of Referrer’s application and ends when terminated by either Party with or without cause.

Referrer is only eligible for Commissions earned during the term of this Agreement, and Commissions earned through the date of termination remains payable only if the orders are not cancelled and comply with all of the present Terms herein. Referrer understands that if the Agreement is terminated and a payment is outstanding, XmlSitemapGenerator may withhold the final Commission for a reasonable time to ensure that all subscriptions qualify for a Commission as determined by XmlSitemapGenerator in its sole discretion.

Any Referrer who breaches either this Agreement or the Terms of Service will immediately forfeit any right to any and all Commission Fees and will be terminated from the XmlSitemapGenerator Referrer program. In the event Referrer exceeds chargebacks to their account that exceeds ten (10%) of thatmonth’s sales and commissions, XmlSitemapGenerator reserves the right to terminate Referrer's account minus chargebacks and all administrative costs, fees, and fines to recoup against the chargeback activity.

Referrer understands that the Agreement may automatically terminate and all commissions may be forfeited upon Referrer’s violation of any terms of this Agreement or any applicable law or regulation having force of law.

XmlSitemapGenerator reserves the right to remove an Referrer from the Referrer Program, and to terminate or suspend this Agreement, at any time in XmlSitemapGenerator’s sole discretion.

Disclaimers

XmlSitemapGenerator make no express or implied warranties or representations with respect to the Referrer Program or any XmlSitemapGenerator Services offered through the Referrer Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of the course of performance, dealing, or trade usage).

Moreover, XmlSitemapGenerator makes no representation that the operation of its service will be uninterrupted or error free, and XmlSitemapGenerator will not be liable for the consequences of any interruptions or errors related to the service or the Referrer service, including the tracking of information about Referred Customers during the period of interruption.

Limitation of Liability

XmlSitemapGenerator will not be liable for indirect, special, incidental, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this agreement or the Referrer program, even if xmlsitemapgenerator has been advised of the possibility of such damages. further, the aggregate liability arising with respect to this agreement and the Referrer program to xmlsitemapgenerator will not exceed the total commissions paid or payable to you under this agreement during the 3-month period immediately preceding the event giving rise to such liability.

In no event shall xmlsitemapgenerator, its prinicpals, officers, partners, agents, employees, and assigns be liable to Referrer for any direct, indirect, incidental, or consequential damages whatsoever resulting from any delay or failure to perform as required by this agreement as a result of any issue, including but not limited to acts of god, terrorism, wars, riots, or acts of civil or military authority.

Choice of Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, county of Hamilton, without regard to conflicts of law principles.

The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate state or federal court located in the State of Indiana, county of Hamilton. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding.

Modifications to this Agreement

XmlSitemapGenerator reserves the right to modify any of these terms and conditions herein at any time in XmlSitemapGenerator’s sole discretion.

Such modifications shall take effect upon posting to the XmlSitemapGenerator website. XmlSitemapGenerator, in its sole discretion, reserves the right to notify Referrer by e-mail and further reserves the right to withhold notification of any changes made to this Agreement.

Modifications may include, but are not limited to, changes in the scope of available Commissions, Commission amounts/percentages, payment procedures, Commission Fee payment schedules, and Referrer Program rules. If any modification is unacceptable to Referrer, Referrer’s only recourse is to terminate this Agreement.

Your continued participation in the Referrer Program following Our posting of a change notice or new agreement on Our site will constitute binding acceptance of the change.

Relationship between the Parties

Referrer understands that the relationship between XmlSitemapGenerator and Referrer is that of an independent contractor, and nothing in the present

Agreement creates a partnership, joint venture, agency, franchise, sales representative, shareholder, or employer/employee relationship between the Parties.

Referrer understands that they have NO authority to make or accept any offers or representations on behalf of XmlSitemapGenerator.

Independent Review and Investigation

This Application submission acknowledges that Referrer understands and has read this Agreement in full and agrees to be bound by all the Terms and Conditions.

Referrer understands that other Referrers may have a different relationship with XmlSitemapGenerator than Referrer, including competitors.

You agree that You have independently reviewed and assessed the advantages and disadvantages of participating in this Referrer program and You are not relying on any guarantees, representations, or statements other than this Agreement as set forth herein.

I declate, as a potential Referrer indicate my assent to this agreement and my desire to become an Referrer herein bound by the aforementioned terms and conditions by completing and submitting the Referrer program signup form, by submitting proposed referred customers or qualifying purchases to xmlsitemapgenerator under our Referrer program and/ or by collecting and commission fees from us.

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