PLANET VPN AFFILIATE PROGRAM TERMS OF SERVICE
Last updated September 21, 2023
This Terms of Service Contract (the “Contract”) forms a legally binding understanding between you or the entity you represent (the “Affiliate”, also referred to in this Contract as “you” or “your”) and FREE VPN PLANET S.R.L (“Planet VPN”, “Company”, “we”, “our”, or “us”). Before joining the “Program” (specified below) and accepting this Contract, the Affiliate must thoroughly review this Contract. BY CLICKING ON THE “I ACCEPT” BUTTON AND TAKING PART IN THE PROGRAM, YOU RECOGNIZE THAT YOU’VE GONE THROUGH THIS CONTRACT, COMPREHEND ITS CONTENTS, AND AGREE TO ABIDE BY ITS CONDITIONS. If you disagree with any part of this Contract: (i) don’t click the “I accept” button; (ii) exit “Company’s Platform” instantly; and (iii) you won’t be granted access to the Company’s Platform or be allowed to join the Program. We advise that for your records, print and retain a copy of this Contract.
By registering for the Planet VPN Affiliate Program (“Program”), you are agreeing to comply with the provided Terms of Service. Planet VPN retains the right to adjust and modify the Terms of Service occasionally without prior notice. Persisting in the Program post any modifications indicates your agreement to any such alterations. The most recent Terms of Service can always be found on this platform.
Non-adherence to any of the terms described below will result in the termination of your Membership and any outstanding affiliate commission payouts accumulated during any breach will be forfeited. Participation in the Affiliate Program is solely at your discretion and risk.
Membership Conditions
Participants must be a minimum of 18 years old to enter this Program. Only a single account is permitted. Owning multiple accounts is strictly forbidden. No individual or corporation can have more than one account. All content and activity on your platform is your responsibility. Engaging in the Affiliate Program for unlawful or unauthorized purposes (which includes infringement of copyright laws) is prohibited.
To initiate the registration procedure, you are required to submit a filled-out Program application on the Company’s Platform. This application should specify your platform and all anticipated facets of your Marketing Drive, including but not limited to, plans for email promotions, social media accounts or pages for promoting Company’s or a Joined Company’s services, and related details. Your application will be assessed by the Company, who will subsequently inform you of your application’s approval or rejection. The Company holds the right to reject your application for any reason, especially if they believe your platform or any part of your Marketing Drive is inappropriate for the Program.
1. Your Marketing Campaign. In line with this Contract’s conditions, we designate you as an independent referral source for select products and services offered by the Company. Accordingly, you commit to:
(a) Show, within your Marketing Campaign, the brands, trademarks, or promotions we provide, strictly adhering to the guidelines and using graphics we provide. All promotions must be linked to ensure a click directs to the specified URLs. Unauthorized displays of any link, trademark, or related advertisement are not permitted.
(b) Prominently showcase banner advertisements we supply on your platform. Regarding other promotions, display them in a manner that (i) grants them a top-tier position compared to third-party ads; (ii) doesn’t imply the Marketing Campaign is affiliated or maintained by the Company; (iii) prevents promotions from outranking any official Company listings; (iv) explicitly states, besides referrals, no official association exists between you and the Company.
(c) Notably, refrain from (i) using any of the Company’s trademarks, names, or logos as the primary identifier for your platform, blog, or social media; (ii) bidding on any keywords resembling the Company’s trademarks or names for “pay-per-click” campaigns; (iii) employing the Company’s URLs or domain names in “pay-per-click” campaigns or search placements; or (iv) labelling any promotion as “official” or similar.
(d) We retain the right to periodically review your platform and Marketing Campaign. We can also instruct you to halt the use of any promotion on your platform or Promotional Drive that doesn’t align with this section. Non-compliance may lead to termination of this Contract and forfeiture of any obligations to you.
2. Order Management. Planet VPN will oversee, authenticate, and finalize product orders from Customers who use links from the Promotions on your platform or in your Marketing Campaign to the Company’s Platform. The Company has the right to decline orders at its discretion, free from any obligation to compensate the Affiliate. The Company will monitor “Validated Sales” and provide aggregated anonymous sales summaries. The Company retains ownership of these reports, and you cannot share them without prior written consent. You must ensure the promotion link functions correctly; any tracking failures due to link issues are not the Company’s responsibility.
3. Validated Subscription Definition. A “Validated Subscription” transpires when a Customer: (a) utilizes the link from a Promotion to access Planet VPN’s Platform; (b) initiates the app download during the same visit using the designated system, successfully installs, and launches the app; and (c) proceeds to upgrade to a paid subscription within the app. Subscriptions activated within the 60-day cookie lifespan, even if the customer departs from and later returns to Planet VPN’s Platform, will be acknowledged if the action originated from the provided link. The Program is structured exclusively for promotional endeavors; personal use or unauthorized redistribution of the app is strictly forbidden. Participating in such behaviors may lead to the retention of referral bonuses or the discontinuation of this Contract.
4. Referral Payouts & Affiliate Compensation. The Company will compensate Affiliates as per the current payout schedule or as mutually agreed upon in a written format. Fees are paid for each “Validated Sale” active for thirty (30) days without refunds or chargebacks. For discounted sales, the duration is sixty (60) days. Monthly payouts, minus mandatory tax deductions, commence after sixty (60) days from the first “Validated Sale”. Payouts below $100.00 (USD) are held until they accumulate to this threshold or upon Contract termination.
5. Customer Relations and Pricing Dynamics. Customers procuring services from Planet VPN via this Program are considered clients of Planet VPN. Consequently, Planet VPN’s protocols, policies, and operational guidelines related to customer interactions and sales shall govern these customers. Planet VPN can revise its policies and procedures anytime. For instance, the pricing of Premium services under this Program is determined by Planet VPN’s own pricing strategies. While every effort is made to ensure accurate information, Planet VPN cannot vouch for constant service availability or pricing. The Affiliate understands that this Program doesn’t come with a dedicated privacy policy, allowing Planet VPN unrestricted use of information gathered from the Affiliate under this Agreement.
6. Promotional Codes. The Affiliate has permission to market promotional codes (“Discount Codes”) for service discounts. The Affiliate can only market services at discounted rates using Discount Codes explicitly crafted for them or promotional schemes revealed by Planet VPN. Unauthorized use or promotion of Discount Codes, including those from other participants or third parties, is prohibited. Transactions with unauthorized codes will not be deemed Valid Transactions and will not be compensated as such. Misuse of codes could lead to withheld commissions or Agreement termination at Planet VPN’s discretion.
7. Usage Rights. Planet VPN grants the Affiliate a revocable, non-exclusive privilege to utilize Planet VPN’s branding elements, logos, and ad-related graphics exclusively for ad display on Affiliate platforms in adherence to this Agreement. Affiliates shouldn’t alter provided assets. All intellectual property rights remain with Planet VPN. Affiliates must adhere to Planet VPN’s Brand Guidelines, which may be updated. Any discrepancies can lead to license termination.
8. Oversight of Affiliate’s Platform. The Affiliate remains solely accountable for its platform’s development, operation, and promotional campaign. This includes technical operations, content accuracy, ensuring no third-party rights are infringed, compliance with relevant laws including anti-spam and data privacy regulations, and maintaining the proper format for linking to the Planet VPN site.
9. Agreement Duration. This Agreement’s tenure begins upon the Affiliate’s acceptance and concludes when either party decides to terminate, with or without reason. Commissions are payable for Valid Transactions made within the Agreement’s active period, provided certain conditions are met.
10. Updates to the Agreement. Planet VPN retains the right to modify this Agreement. Regular reviews are recommended. Changes become effective immediately upon posting and continued partnership signifies acceptance of any modifications.
11. Partnership Nature. Both Planet VPN and the Affiliate function as individual entities, and this Agreement doesn’t establish any deeper form of partnership, employment, or representation. Affiliates shouldn’t make any claims contradicting this clause.
12. Data Privacy. Access to Planet VPN’s proprietary business information, termed “Confidential Data”, will be available to the Affiliate. The Affiliate’s involvement in Planet VPN’s program and this Agreement’s terms are also considered Confidential Data. Misuse of this data, especially sharing with competitors, is strictly prohibited and can result in legal action.
13. Termination. Planet VPN have the right to terminate the agreement without any explanation – for fraud, cookie staffing, spam or any damage the affiliate do to Planet VPN
LIABILITY RESTRICTIONS. PLANET VPN SHALL NOT BE HELD ACCOUNTABLE FOR ANY INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS, OR DATA) RESULTING FROM THIS AGREEMENT OR THE PROGRAM, EVEN IF PLANET VPN HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. MOREOVER, PLANET VPN’S CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND THE PROGRAM SHALL NOT SURPASS THE TOTAL REFERRAL FEES REMITTED TO AFFILIATE IN THE THREE-MONTH PERIOD DIRECTLY PRECEDING THE LIABILITY-INDUCING EVENT.
WARRANTY DISCLAIMERS. PLANET VPN OFFERS NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, REGARDING THE PROGRAM OR ANY SERVICES OFFERED THROUGH THE PROGRAM (THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF SUITABILITY, QUALITY, TITLE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES THAT ARISE FROM TRADE USAGE, DEALINGS, OR COURSE OF PERFORMANCE). TO FURTHER ELABORATE, PLANET VPN PROVIDES NO GUARANTEES THAT: (I) THE OPERATION OF PLANET VPN’S WEBSITE WILL ALWAYS BE SMOOTH OR ERROR-FREE, AND PLANET VPN IS NOT RESPONSIBLE FOR ANY DISRUPTIONS OR ERRORS; OR (II) AFFILIATE WILL EARN A SPECIFIED AMOUNT IN REFERRAL FEES OR THAT ANY CERTIFIED SALES WILL OCCUR.
DUE DILIGENCE. AFFILIATE ACKNOWLEDGES HAVING READ THIS AGREEMENT IN ITS ENTIRETY AND AGREEING TO ALL STIPULATED TERMS. AFFILIATE REALIZES THAT PLANET VPN MIGHT, AT ANY GIVEN TIME (EITHER DIRECTLY OR INDIRECTLY), SEEK CUSTOMER REFERRALS ON DIFFERENT TERMS THAN THOSE OUTLINED IN THIS AGREEMENT OR MANAGE SIMILAR WEBSITES THAT COMPETE WITH THE AFFILIATE’S SITE. AFFILIATE HAS THOROUGHLY ASSESSED THE ADVANTAGES OF PARTICIPATING IN THE PROGRAM AND DOES NOT RELY ON ANY ASSURANCE, PROMISE, OR STATEMENT APART FROM WHAT’S MENTIONED IN THIS AGREEMENT.
Conflict Resolution. Any disagreements or disputes stemming from this Agreement, including potential breaches, any transactions or activities under this Agreement, or the relationship between the parties, shall undergo confidential arbitration in Romania. However, in scenarios where intellectual property rights or confidentiality clauses are breached or threatened, PLANET VPN may pursue appropriate relief in any Romanian court (with Affiliate granting consent to the exclusive jurisdiction and venue in Romania). The arbitration will be guided by the prevailing rules of the American Arbitration Association. Any award determined by the arbitrator will be final and can be used as a judgment in a competent court. Apart from the stipulations in the “Warranty Disclaimers” and “Liability Restrictions” sections, the rights and remedies in this Agreement are additive. If PLANET VPN initiates legal action to enforce this Agreement and emerges victorious, it’s entitled to its legal expenses, court fees, and other associated costs. Written consent is necessary for all waivers. If any provision of this Agreement needs judicial interpretation, the interpreting court should not adhere strictly to one party based on who prepared the Agreement, since all parties contributed to its formulation. Affiliates cannot transfer this Agreement without obtaining PLANET VPN’s written approval, and any such attempts are null and void. PLANET VPN retains the right to transfer or delegate its responsibilities, fully or partially, without seeking the Affiliate’s approval. Failure to strictly enforce any provision doesn’t constitute a waiver of rights. This Agreement embodies the full understanding of the parties and supersedes all prior agreements and discussions.
Digital Transactions Consent. By endorsing this Agreement, Affiliate provides consent to engage in digital business transactions, both concerning this Agreement and future interactions with PLANET VPN.