Terms and Conditions

Please Read These Terms Carefully Before Using this Service

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE AND THE PROGRAM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS. IF YOU DISAGREE WITH THESE TERMS AND CONDITIONS OR ANY PART THEREOF, THEN YOU MUST NOT USE THIS WEBSITE OR THE PROGRAM.

By using this website MrAff.biz (the “Website”), You are agreeing to abide by these Terms and Conditions. Also, please read these Terms and Conditions (the "Terms") carefully before submitting your application to participate in the Affiliate Program (the “Program”) of Digital Pioneers Ltd. (the “Company”).

  1. Introduction

By using the Website and entering into the Program You are governed by the following Terms as applicable to the Program and the Website. These Terms apply to all Affiliates (as defined herein below), visitors, users and others who access and/or use this Website. If You transact on and/or use the Website, You shall be subject to these Terms. By using the Website, You agree that these Terms which constitutes Your binding obligations.

  1. Definitions

“Affiliate” and/or “You”, “Your” mean the business, individual or entity, applicant/ the end user accessing the Website, its contents, submitting the application and participating in the Program, offered through the Website.

“Commission” means fee for each Qualified Transaction by a Referred Customer that You refer to Company or its clients under and/or in accordance with this Terms.

“Affiliate Website” means the Affiliate's Internet site which displays Company services and/or promotions.

“Qualified Transaction” means a purchase of Services by a Referred Customer which meets the Commission Qualifications set forth in these Terms.

“Referred Customer” means each new and unique customer referred by Affiliate through a Link provided by or approved by Us, which meets the Commission Qualifications set forth in these Terms.

"Registration Form" means any and all order forms, registration forms, or other signup or acceptance form (whether online, paper, fax, or otherwise) including any information therein submitted by You.

"Services" – services provided by the different companies and which are promoted by the Affiliates in accordance with material provided to the Affiliate by the Company.

"We", “Our”, “Us” and/or “Ourselves” mean Company.

Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

  1. Eligibility

By participating in Program You (the Affiliate) represents and warrants that:

  1. all registration information submitted to Company is truthful and accurate.
  2. Affiliate will maintain the accuracy of such information.
  3. Affiliate has full legal capacity to enter into legally binding relations under the Terms.
  4. using this Website and participating in Program under the Terms do not and will not conflict with any applicable legislation, provisions, regulations, licenses, permits or registration applicable to the Affiliate.
  5. using this Website and participating in the Program does not and will not cause any violation and/or non-fulfillment of any agreement or other instrument to which the Affiliate is a party, or the effect of which extends to the Affiliate.

Affiliate acknowledges and agrees that Affiliate’s account is subject to termination or suspension and Affiliate’s cooperation with Company may be terminated without warning or notice, subject to Company’s sole and exclusive discretion, if Company believes that Affiliate does not comply with the representations and warranties set forth in these Terms.

  1. Enrollment in the Program

Affiliate must submit a completed Registration Form to begin the enrollment process. The Registration Form can be found at: http://mraff.biz/?apply-modal . Company may reject Affiliate’s application for any reason, in Company’s sole discretion, including if We determine that Affiliate’s promotional techniques and/or Affiliate Website are unsafe and/or illegal and/or unsuitable for the Program. Unsuitable promotional techniques and/or Affiliate Websites include, without limitation, those that contain illegal, offensive, infringing content or content that Company otherwise deems offensive.

Please consider that participating in Program is possible only if You complete the Registration Form. You will receive a password and account (“Affiliate Account”) designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password and/or Your Affiliate Account. You agree to (i) immediately notify Us of any unauthorized use of Your password and/or Affiliate Account and/or any other breach of security, and (ii) ensure that You exit from Your Affiliate Account at the end of each session. We shall not be liable for any loss and/or damage arising from Your failure to comply with this provisions.

  1. Links

Provided that Affiliate qualifies and elects to participate as an Affiliate in the Program, Company will make available to You a variety of graphic and/or textual links (each of these links sometimes being referred to herein as "Links" or, individually, as a "Link"), which are subject to the terms and conditions hereof. Links will be made available to You (generated) in Affiliate`s Account upon Your registration into the Program. Company will use such Links to identify Affiliate as a member of the Program. The Links may connect to any area of Service Websites.

Affiliate warrants to cooperate fully with Company in order to establish and maintain such Links.

Affiliate agrees that to display on Affiliate Website only those graphic or textual images (indicating a Link) provided by Company or text messages expressly approved in advanced by Company. All Affiliate Websites shall display such graphic and/or textual images prominently in relevant sections of their website. Any information with respect to Company that is going to be displayed on Affiliate Website must be provided by Company and expressly approved by Company prior to any display by Affiliate. Affiliate warrant not to modify the Links in any manner, and acknowledges that Company will not be responsible for any damages, claims, expenses or errors which are as a result of modifications by the Affiliate.

  1. Additional Warranties and Placements

In the course of fulfilling Affiliate’s obligations under the Terms, Affiliate hereby commits to comply with any laws and regulations applicable to Affiliate actions, marketing and advertising, including any anti spam laws and regulation.

Affiliate warrants that it will not directly or indirectly: (a) use, post or promote the any of Company’s content and Service or any recommendations in association with any material or content which is, or which may reasonably be considered illegal, unlawful or infringing under any applicable laws (including, without limitation, content which infringes a third party copyright (i.e. illegal streaming website), pornographic, obscene, promotional of illicit drugs and drug paraphernalia, weapon or ammunition-related (unless legal in the location offered), violent, libelous, defamatory, indecent, seditious, offensive, invasive to privacy, abusive, threatening, harmful, vulgar, possibly capable of inciting racial hatred, discriminatory (racially, ethnically or otherwise), in breach of confidence or any other right of any third party, or lacking in necessary authorizations, approvals, consents or licenses; (b) engage in any action or practice that disparages or devalues Company (or its affiliates), the Service, Company’s Content, or the reliability, reputation or goodwill of any of them; (c) fulfill its responsibility under the Program in breach of any anti spam laws or regulations.

Without derogating from any rights to which the Company is entitled to under any laws and regulations, breach by Affiliate of any of the provisions hereinabove, will entitle the Company to immediately terminate the Affiliate Account without notice and to withhold indefinitely any Commissions owned to the Affiliate. 

  1. Commission Determination

Affiliate’s Commission will be agreed upon by the Company and the Affiliate in a separate Commission Exhibit (the “Commission Exhibit”), which will be deemed an inseparable part of the Terms and will be subject to the terms herein.

Under the Program, Affiliate will be paid a Commission for each Qualified Transaction by a Referred Customer referred by Affiliate under and/or in accordance with the Provisions of this Terms and Conditions under the commercial terms agreed between the Company and the Affiliate in a separate Commission Exhibit. Each Referred Customer and each Qualified Transaction must meet the following criteria (the "Commission Qualifications"):

  1. A Referred Customer should be deemed so if such Referred Customer has submitted a relevant customer registration form and provided valid and unique account and billing information.
  2. The Referred Customer must make a Qualified Transaction, and provide a valid payment for the purchased Services. 
  3. For the Affiliate to be entitled to a Commission, each Referred Customer must be an active, qualified customer and must be up-to-date in all payments at the time the Commissions are processed and must not be subject to a refund, credit, cancellation, suspension or chargeback.
  4. The Referred Customer must complete the sign up process in a manner, which is under Company’s sole discretion, definitively establishes that the Referred Customer was referred directly from Affiliate to the Service Websites under the Terms.
  5. The Referred Customer must remain in compliance with Terms and Conditions of the relevant Service Website, Privacy Policy and other policies that are active at the time the Commissions are processed.
  6. Affiliate will not be entitled to Commission corresponding to any cancelled service purchase by a Referred Customer and Company will be entitled to withhold or deduct from Affiliate's current or future Commissions any such Commission paid to the Affiliate and which corresponds to a cancelled transactions.
  7. Transaction by Referred Customers which are deemed by Company, under Company’s sole discretion, to be a result of fraud, questionable, or other improper activity or in breach of any of the provisions in this Terms and Conditions by the Affiliate and/or by a Referred Customer will not qualify the Affiliate for any Commission and the Company will be entitled to suspend payment of Commissions at any time and indefinitely.

To remove all doubt, subject to Company’s sole discretion, Company will be entitled to withhold indefinitely any Commission owned to the Affiliate or deny or reject any Commission if: (i) Company deems Affiliate’s action to be in breach of any applicable law or regulation which apply to Affiliate marketing efforts; or (ii) the breach by Affiliate of the Terms and Conditions; or (iii) the result of fraudulent activity by the Affiliate.

  1. Altering Our Links in any way.

Company reserves the right to immediately cancel or withhold for later review any Commission based on the foregoing or that otherwise fails to meet the Commission Qualifications. It is the responsibility of the Affiliate to monitor the payment, denial and withholding of Commissions. Company is not obligated to actively notify Affiliates of the status of Commissions. If the Affiliate has a question about a Commission that has been cancelled or withheld, that Affiliate has 30 days from the day the payment was due to contact Company to discuss or reclaim the Commission. Any changes to decisions about cancelled or withheld Commissions are strictly at Company's discretion.

Any attempt by the Affiliate to manipulate and/or falsify Referred Customers and/or Qualifying Transactions or Commissions to intentionally defraud Company or which are in violation of any of the provisions of the Terms or applicable laws and regulations, constitutes immediate grounds for Company to terminate Your participation in this Program and will result in forfeiture of any Commissions due to You.

  1. Commission Accrual and Payments

Commissions will accrue and only become payable once You (i) provide all relevant information and/or documentation necessary for valid Commission to be issued; (ii) reach a Commission level of $100 (the "Commission Threshold") based on the “Balance” status of Affiliate`s Account. Company reserves the right to change the Commission Threshold at any time.

You are responsible for the payment of all taxes related to the Commissions, which You receive under the Terms.

You are responsible for informing Company about changes to postal and/or e-mail addresses, as well as any changes to your name, contact information, tax identification number, or other personal information that will impact Company's ability to issue a valid Commission payment.

  1. Intellectual Property Rights. Limited License for the Term of this Terms and Conditions

Company shall exclusively own all right, title and interest, including all Intellectual Property Rights, in and to the Website, the Program, the Links, list of clients, list of suppliers and any data and content disclosed to the Affiliate under the Terms. For the purposes of the Terms “Intellectual Property Rights” means copyright rights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, authors’ rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof.

Company hereby grants to Affiliate a limited, non-exclusive, non-transferable, revocable license to use and display the Links and to access the Service Websites through the Links solely in accordance with the provisions of the Terms and Conditions, and for the duration of the Terms and Conditions. Upon termination of Affiliate participation in the Program, the Affiliate shall cease making use of any data or information provided to the Affiliate under the Terms.

The provision of this section shall survive any termination of the Terms. 

  1. Relationship

Company and the Affiliate are independent contractors and nothing in the Terms shall be construed to create any partnership, joint venture, agency, franchise, sales representative, or employment relationship. You have no authority to make or accept any offers or representations on behalf of Company. You may not make any statement, whether on Your Affiliate Website or otherwise, that contradicts anything contained in this section.

  1. Term

The Terms and Conditions shall remain in effect for as long as You continue to participate in the Program, or maintain Links to Service Website on Your Affiliate Website (“Term”). Either Affiliate or Company may terminate the Terms at any time, with or without cause, by giving the other party notice of such termination. No Commissions shall accrue or be earned by You after the Term. Affiliate is only eligible to earn Commissions on Qualified Transactions occurring during the Term, and fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. Company may withhold Affiliate’s final payment for a reasonable time to ensure that the correct amount is paid.

Upon termination of the Terms and Conditions, (a) all licenses hereunder shall terminate and (b) Affiliate shall immediately remove all Links from Affiliate Website and cease using Company name, logos, trademarks, service marks, and/or proprietary technology.

  1. Limitations of Liability; Disclaimer

COMPANY SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS TERMS AND CONDITIONS (HOWEVER ARISING, AND REGARDLESS OF THE THEORY OF RECOVERY). COMPANY’S TOTAL LIABILITY TO THE AFFILIATE ARISING OUT OF OR IN CONNECTION WITH THIS TERMS AND CONDITIONS IS LIMITED TO THE GREATER OF FIVE HUNDRED DOLLARS ($500) OR THE AMOUNTS PAID BY COMPANY TO AFFILIATE DURING THE TWO (2) MONTHS IMMEDIATELY BEFORE THE FIRST REOCCURRENCE OF EVENTS GIVING RISE TO SUCH LIABILITY UNDER THE TERMS AND CONDITIONS.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE WEBSITE, THE PROGRAM OR THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE HELD LIABLE AND SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE WEBSITE, THE PROGRAM OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

  1. Indemnification

You agree to indemnify, defend and hold harmless the Company from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against Company that arise out of or may be payable by virtue of any breach, non compliance, or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to the Terms and Conditions.

  1. Confidentiality. Publicity

We are committed to protecting Your confidentiality. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by You to Us which is not publicly known.

Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than You without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

We may publicly refer to You, orally or in writing, We may publish Your name and/or logo on our Service Website, in press releases, and in promotional materials without Your prior consent.

  1. Force Majeure 

Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party. 

  1. Jurisdictional Issues

These Terms shall be governed by and construed in accordance with the Laws of the place where the company holds its principal place of business, both as to interpretation and performance, or in any other place at the determination of the company. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

  1. Notification of Changes

We expressly reserve the right to change these Terms and Conditions from time to time without notice to You. You acknowledge and agree that it is Your responsibility to review this Website and the Terms and Conditions from time to time and to familiarize yourself with any modifications. Your continued use of the Website after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.