Mixo Affiliate Program Terms & Conditions
This Terms and Conditions document outlines the agreement between Mixo (“we” or “us”) and you (“Affiliate” or “you”) regarding the Mixo Affiliate Program. By applying to the Program, you agree to be legally bound by these terms and conditions.
Program Rules and Regulations
In order to be an Affiliate in good standing, you must comply with the terms and conditions of this agreement and all applicable laws, regulations and rules, including without limitation, CAN-SPAM, FTC, and any other applicable international, federal, state and local laws and regulations. You must also use best efforts to comply with the standards set by Mixo.
We periodically update these terms. We might also choose to replace these terms in their entirety if, for example, the Affiliate Program changes, ends, or becomes part of an existing program, including our partner programs. If we update or replace the terms we or the Affiliate Tool will let you know via electronic means, which may include an in-app notification or by email. If you don’t agree to the update or replacement, you can choose to terminate as we describe below.
Affiliate commissions are paid on a monthly basis. Payments are subject to the following conditions / terms:
- Payment has passed the first 30 days after the sale was made (see Refunded purchases for more details)
- Minimum payout threshold of $50 USD. That is, the affiliate's payout must reach the minimum balance of $50 USD for the payout to proceed. In the case of not meeting the payment threshold, the accumulated amount will be rolled over to next month’s total.
- Payment processing can take up to 30 days from the request date.
- Payments will generally be paid out monthly (first week of the month) via PayPal (paid from a Mixo account or FuzzyLogic Labs Pty Ltd).
Affiliate Self-Purchasing Prohibition
An affiliate may not be both the referrer and the customer in any single Mixo transaction. If such self-referring transactions are detected, they will be disqualified and will not be eligible for affiliate payouts. This includes purchasing a Mixo plan for oneself through one's own affiliate link or any action of similar nature. Any commissions accrued from such transactions will be withheld and removed from the affiliate's earnings balance. Affiliates found to be repeatedly engaging in self-referring transactions may face termination of their participation in the Mixo affiliate program.
Maximum Commission Period
Commissions will only be paid on sales that are made when the customer clicks through your referral link, lead form, or equivalent. Maximum commission period is 12 months. Therefore, a commission will not be paid on sales that are made more than 12 months after the customer has clicked through your link.
Referrals older than 30 days and in good standing (i.e. the purchase has not been refunded) will be included with each commission payout (if the commission balance totals $50.00 or over). If a purchase is refunded, a commission won’t be paid out for that referral. We reserve the right to reject affiliate commissions for any reason. Commission rejections may occur for the following reasons:
- The sale that the referral was based on was refunded
- The method by which the referral was generated was in violation of our promotional policies (see below) or violated the spirit of the Affiliate Agreement.
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.
Responsibilities of Affiliates
As an Affiliate, you are solely responsible for:
- Ensuring your website is compliant with any applicable laws and regulations;
- The development, operation and maintenance of your website;
- The accuracy and appropriateness of materials posted on your website;
- Ensuring your website is free from viruses, worms, Trojan horses, and other harmful or disruptive components;
- Ensuring your website complies with all applicable laws, including without limitation, those regarding email marketing, all applicable local, state, national and international laws;
- Fulfilling any and all applicable tax reporting requirements;
- Ensuring any and all customer information is kept secure in accordance with all applicable laws and regulations.
Termination of Agreement
Mixo reserves the right to terminate this agreement at any time and for any reason. Upon termination, you must immediately cease use of any and all materials provided by Mixo and remove any links to Mixo from your website. Mixo reserves the right to withhold any and all payments owed to you until it is satisfied that your website is no longer in violation of this agreement.
We may cancel your account if we determine that you / your site is unsuitable for our Program, including if it:
- Promotes sexually explicit materials
- Promotes violence
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promotes scams or fraud
- Promotes illegal activities
- Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
- Includes "Merchant" or variations or misspellings thereof in its domain name
- Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
- Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
- You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Merchant.com or any other affiliated business.
Linking to Mixo
You may link to Mixo in accordance with the terms and conditions outlined in this agreement. You may not modify any Mixo logos or other proprietary graphic or trademark as part of the link without express written permission. You may not frame or utilize framing techniques to enclose any Mixo trademark, logo or other proprietary information. You may not use any meta tags or any other “hidden text” utilizing a Mixo name, trademark, or product name without express written permission.
We reserve the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.
Pay-Per-Click (PPC) campaigns
You agree to the following terms when promoting affiliate links in Pay-Per-Click (PPC) campaigns:
- Direct Linking - Affiliate agrees to direct their Pay-Per-Click (PPC) campaigns to their own landing pages and not to any Mixo pages in order to ensure that Mixo and Affiliate are not competing for the same link traffic.
- Competitive Brand Bidding - Affiliate agrees not to bid on competitors’ trademarked terms in their PPC campaigns.
- Domain Registration - Affiliate agrees not to register domains that contain the Mixo brand or any typos of the Mixo brand.
- Ad Copy and Landing Page Copy - Affiliate agrees not to use false advertising or claims that are misleading in their ads or landing pages.
Risk Management Policy
Mixo reserves the right to withhold, delay, or annul any affiliate commission that is deemed high risk, fraudulent, or suspicious at our sole discretion. This is incorporated as a safeguarding measure intending to protect us from potential chargeback events or instances wherein the referring party is marked as fraudulent. Any decision imposed under this policy is final and binding, without an available recourse for contestation or appeal.
We make no express or implied warranties or representations with respect to the Mixo Affiliate Program or any products or services sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our website or any Mixo products or services will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Limitation of Liability
Under no circumstances shall we be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), resulting from any aspect of your use of the Mixo Affiliate Program, including without limitation, any damages that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance.
You agree to indemnify and hold us harmless from and against any and all claims, damages, losses, liabilities, costs, and expenses (including attorney’s fees) arising out of your breach of this agreement and/or your use of the Mixo Affiliate Program.
Mixo reserves the right, at its sole discretion, to modify, add, or remove any terms or conditions of this Affiliate Agreement without giving prior notice to you. Any amendments or modifications made shall apply to all Affiliates upon announcement. Continued participation in the Affiliates program following any modification constitutes your agreement to the modifications. Thus, Affiliates are urged to frequently review the Affiliate Agreement listed on our website.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
This Agreement will be governed by and interpreted in accordance with the laws of Australia, and you irrevocably submit to the non-exclusive jurisdiction of the state and federal courts located in Australia for the resolution of any disputes. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of this Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. Our rights under this Agreement shall survive any termination of this Agreement.