Affiliate Program Terms
Demio is now part of Banzai. The Demio Affiliate Program will apply to Demio Starter, Growth, and Premium packages.
Rules of Participation in Affiliate Program
In order to participate in the Affiliate Program, you must be 18 years or older; you must adhere to all applicable rules and regulations (including, without limitation, FTC guidelines) when promoting our products and services, at all times; and you must follow the rules set forth herein.
Banzai reserves the right, in its sole discretion, to suspend, block, or otherwise terminate your participation in the Demio Affiliate Program, and to require you to forfeit any outstanding Commissions, if (1) you fail to comply with these Affiliate Terms or the incorporated rules and regulations or (2)you transmit any communication in the course of a Promotion is inappropriate.
The following is a non-exhaustive list of communications that Banzai may deem inappropriate under these Affiliate Terms:
- communications that discriminate, or encourage discrimination, on any grounds, including without limitation race, national origin, gender, gender identity, sexual orientation, age, or disability;
- communications that contain sexually explicit or violent material, or that encourage violent or abusive conduct;
- communications that contain defamatory conduct, or that violate a third party’s intellectual property rights or otherwise damage Banzai or any third party;
- communications that constitute unsolicited contact with prospective customers (including, without limitation, any communication that violates the Do-Not-Call Implementation Act of 2003 or the Controlling the Assault of Non-Solicited Pornography and Marketing (“CANSPAM”) Act of 2003); and
- communications that are unlawful or that encourage unlawful conduct.
In the event that you refer an individual (a “Potential Purchaser”) to Demio, and the Potential Purchaser ultimately makes an Eligible Purchase (as defined below) from Demio (making them a “Customer”), you will receive an affiliate referral fee as detailed below, exclusive of taxes and fees (the “Commission”).
For the purposes of this Agreement, an “Eligible Purchase” shall include (1) any direct purchase made on Demio by a customer during a browsing session that began with the customer accessing the Demio platform by clicking on a unique link provided to you, by Demio (the “Unique Link”), or (2) any such purchase made by your agent on your behalf.
Any revenue generated by Demio from an Eligible Purchase that has originated from your unique link shall result in the payment of a Commission to you in an amount equal to 30% of the revenue generated, for so long as the referred customer remains active without interruption.
Banzai shall determine which purchases qualify as Eligible Purchase and whether a Commission is payable in any circumstance. All such determinations shall be made in Demio’s sole discretion and shall be final and binding.
Affiliate Referral Payment
Commissions will be paid twice per month on the revenue generated from Eligible Purchases made during the analogous period the month prior. On the 1st of the month (or the first business day following the 1st if that date falls on a weekend or holiday), you will receive a transfer for the Commission earned during the second half of the period that ended before the first day of the preceding month. On the 15th of the month (or the first business day following the 15th if that date falls on a weekend or holiday), you will receive a transfer for the Commission earned during the first half of the previous month. For example, on March 15th of a given year, you would receive any applicable Commission earned during the February 1st to February 15th period. Each transfer will be net of any taxes that Banzai may be required by law to withhold from the final payment to you.
You acknowledge that payments may be delayed in certain circumstances, and you agree that any reasonable delay will not constitute a breach of these Terms on Banzai’s part.
In the event that any overpayment in Commissions is made by us – for instance, if a referred customer receives a refund for or disputes a charge that had generated a Commission – Banzai will deduct the appropriate portion of the corresponding Commission (the “Shortfall”) from any payment received during the following half-month period. In the event that there is no payment due to you for that following period, or the payment due is not sufficient to cover any Shortfall owed by you, Banzai may (1) draw the remaining Shortfall from your next Commission payment or (2) send you an invoice for the amount due, which shall be payable within sixty (60) days of your receipt of the invoice. In any event, we may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
Any Commissions due to you will be made through PayPal or a similar peer-to-peer payment service, in US Dollars. Accordingly, it is your sole responsibility to ensure proper setup and sufficient ongoing access to such an account in order to receive any Commissions which may become due and payable to you. You hereby acknowledge and agree that:
- You will comply with any and all applicable laws and regulations with respect to your use of your PayPal or other payment account in order to receive said Commissions.
- You will refrain from participating in the Demio Affiliate Program if you are located in a country or jurisdiction where such use of payment services is banned or otherwise prohibited.
- You take sole responsibility for ensuring that you have a payment account that may receive payments from Banzai, a US company, and Banzai is not responsible for the ultimate accessibility of funds properly sent via the service of your choice.
- Banzai will require certain information (such as, for example, your bank account number or your payment service ID) in order to process your Commission payment. You further acknowledge and agree that Banzai may require you to complete a Form W-9 and to provide additional tax information before processing a Commission payment.
- You will comply with any and all applicable tax laws governing any payments contemplated hereunder, and you hereby acknowledge, understand, and agree that it is your sole responsibility to file and pay any taxes or fees which may come due and owing as a result of receipt of such Commissions from Banzai.
Affiliate Assets and Materials
You agree that you will maintain up-to-date promotion assets and materials for use in your marketing via the Demio Affiliate Program. Banzai will provide updated assets and materials from time to time, and you agree that you will use your best efforts to receive and employ those materials. In particular, you agree that you will not opt out from receiving the email communications necessary to receive the aforementioned materials. If you have any questions about how to ensure that you receive these important communications, please email email@example.com.
Banzai reserves the right to terminate the Affiliate Program at any time with or without notice. In the event that Banzai terminates the Affiliate Program, you shall be eligible to earn Commissions resulting only from Eligible Purchases occurring while the Affiliate Program is live. For the avoidance of doubt, no Commission shall be due on any purchase, whether an Eligible Purchase or otherwise, made after the date of the termination of the Affiliate Program.
You shall not be entitled to a Commission for any purchase that you make yourself, and Banzai reserves the right to review any fraudulent transactions and revise the final payouts to you as deemed appropriate.
Restricted Use of Links and License
The Unique Links provided serve to identify your website as a member of our Affiliate Program and will establish a link from a website to the Demio platform. All Unique Links that you will be permitted to use will be provided to you directly from Banzai or by other means selected by us. You hereby agree that you will display on your website or advertisements containing the Unique Links only such logos, trade names, trademarks, graphic images and similar identifying material (“Licensed Materials”) that have been provided to you by Banzai.
In participating in our Affiliate Program, we will thereby grant you a limited, nonexclusive, nontransferable, revocable right to access our website through the Unique Links solely in accordance with the terms of this Agreement and solely in connection with the Licensed Materials, only as provided to you by us, through the Demio platform, or by other means selected by us, and solely for the purpose of identifying your website as an affiliate program participant and to assist in generating Commissions.
You hereby acknowledge and agree that this Agreement does not provide you with any intellectual property rights in the Licensed Materials other than the limited rights specified herein. We reserve all of our rights in the Licensed Materials and in all of our other proprietary and intellectual property rights. You may not sublicense, assign or transfer any such licenses for the use of the Licensed Materials, and any attempt to sublicense, assign or transfer such Licensed Materials shall be void. We may terminate your license to use the Licensed Materials for any reason, at any time in our sole and absolute discretion. We may revoke your license at any time without any provision of notice.
Banzai protects its trademarks and does not allow any trademark bidding on any search engine or Paid Placement service or site. This includes, but is not limited to Google, Yahoo, Bing!, Ask and other similar services. Affiliates may not bid on the word “Demio” or any misspelling, variation or combination thereof. Any Affiliates found to be in violation of the foregoing may be banned from the Affiliate Program without prior notice.
The Restricted Keyword List includes, but is not limited to:
- About Demio
- Demio Pricing
- Demio Trial
No Joint-Venture or Other Relationship
Nothing in these Affiliate Terms shall be deemed to create a partnership, joint venture, agency relationship, or employment relationship between you and Banzai. You acknowledge and agree that you are fully and solely responsible for any and all federal, state, local, and/or foreign income taxes and self-employment taxes, and any and all other federal, state, and local licensees, fees or taxes, or sales tax, including withholding taxes, social security taxes, and public liability and workers’ compensation insurance, required as a result of your participation in the Promotion. Under no circumstances will Banzaibe held liable for any actions or results of the Affiliate.
As a participant in the Demio Affiliate Program, you are explicitly prohibited from partaking in any of the following conduct, and shall never be permitted to:
- Employ, use, or receive any direct or indirect benefit from, any “cookie stuffing” methods (e.g., use of “cookie stuffing” or “cookie dropping” to cause Demio systems to conclude that a user has clicked through a Unique Link - and to pay commissions accordingly - even if the user has not actually clicked through any such link).
- Install spyware on another person's computer; cause spyware to be installed on another person's computer, or use a context-based triggering mechanism to display an advertisement that partially or wholly covers or obscures paid advertising other content on a website in a way that interferes with a person's ability to view that website.
- Display any material on a website containing a Unique Link which contains viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines.
- Attempt to modify or alter the Demio platform or any related website in any way.
- Make any representations, either express or implied, or create an appearance that a visitor to your website is visiting our website, e.g., “framing” or “wrapping” the website in any manner without first obtaining in advance our express written permission. Such requests must be made in writing and sent to brands.
- “Scrape” or “spider” the website or any other related websites for content (such as images, logos or text).
- Offer (i) any incentives in the form of, described as, or resulting in, discounting of any products or services of Demio; or (ii) any other incentives in the form of rebates, deposits, cash-back or other types of monetary incentives relating to the products or services of Demio. Such incentives are strictly prohibited and are grounds for immediate termination and forfeiture of any earned commissions. Notwithstanding the foregoing, Affiliates may offer bonuses, “bundles” or discounts on products or services ordinarily offered by Affiliates as incentives to purchasers of Demio's products and services. For example, an Affiliate may offer discounts on Affiliate's training programs in connection with the promotion of Demio’s products and services.
- Unless explicitly authorized in writing, use your affiliate link or any of the Demio domains and/or URLs (including, but not limited to www.demio.com) as the display domain or URL in the advertisement. When engaging in paid search engine campaigns, Affiliates must use their own domain and/or URL in their ads.
- Send Spam of any kind. Sending fake traffic though platforms like Traffic Monsoon, Ad Fly, any of these types of “cheap traffic sources” are considered spam traffic and you will be banned from being an affiliate with Demio.
- Use negative words such as “scam” in any promotional campaign.
- Misrepresent the product/offer or add any false information about competing products. You must follow any endorsement rules and regulations that are applicable both in the country where you are based and in the countries from which you are sending website traffic or advertising in.
- Apply to the Affiliate Program and gift or sell this account to another individual or business outside of the applicable business. Any business changes may be subject to authorized review by Banzai; otherwise existing and future commissions and payouts for that account could be denied. Accounts are authorized for a single business entity.
- Use link stuffing or any other method which may negatively impact the SEO of Demio’s website.
- Purchase or bid on branded/competitive key words.
- Partake in or use any method, program, process, or procedure in order to acquire or otherwise divert organic customers or leads from Demio’s website.
LIMITATION OF LIABILITY
In no event shall Banzai be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to any Promotion or these Affiliate Terms. Nothing contained in these Affiliate Terms or in any written or oral communications from Banzai or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL DEMIO HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THESE AFFILIATE TERMS OR ANY PROMOTION, EVEN IF DEMIO HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Demio and sole remedy available to you in any case in any way arising out of or relating to the Agreement, websites or the Service shall be limited to monetary damages that in the aggregate may not exceed $500.00
You hereby agree to fully indemnify and hold Banzai, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to a breach of these Affiliate Terms or any activity by you, related to or arising from one or more Promotions.
In addition, you hereby agree to be bound to act in compliance with all applicable federal, state and local laws and regulations, including without limitation, the CAN-SPAM Act of 2003 (“CAN-SPAM”) and the Children's Online Privacy and Protection Act of 1998 (“COPPA”). You shall protect, defend, indemnify and hold harmless us and any of our parent and related entities from and against any claims, actions, liabilities, losses, damages, costs or expenses, including without limitation, attorneys' fees and costs of litigation, even if such claims are groundless, fraudulent or false, incurred by us arising out of any content or activity by you or on your website or resulting from or in connection with your violation of any of the terms or prohibitions contained in this Agreement or any law, rule or regulation, including without limitation, claims for violations of third party intellectual property rights, and rights of privacy, including but not limited to CAN-SPAM and COPPA.
Modification of These Terms
We may modify any of the terms specified in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our website, and may do so without providing notice to you. Modifications may include, for example, changes in the amounts or applicability of available Commissions, payment procedures, and other general affiliate program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR WEBSITE OR SENDING YOU THE CHANGE NOTICE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE, REGARDLESS OF WHETHER OR NOT YOU RECEIVED NOTICE OF THE SAME.
Choice of Law
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON AND THE OBLIGATIONS, RIGHTS AND REMEDIES OF THE PARTIES HEREUNDER SHALL BE DETERMINED IN ACCORDANCE WITH SUCH LAWS. Any dispute arising hereunder, or related to the terms hereof, will be brought exclusively in the state or federal courts located in the State of WASHINGTON.
If you have any questions about any specific terms, please contact firstname.lastname@example.org