Welcome to the bizzoffers.com website (hereinafter - the “Site”, “Website”).
This website is operated by IPL GROUP PTY LTD, registered address: Level 3 845 Pacific Highway, Chatswood NSW 2067, AUSTRALIA, ACN: 638 003 728 (hereinafter referred to as “We,” “Us,” “Our”, “Company”, “Bizzoffers”).
Each Affiliate Program offer (an "Offer") may be for any offering by Bizzoffers or a third party (each such third party a "Client") and may link to a specific web site for that particular Offer ("Program Web Site"). Furthermore, each Offer may have additional terms and conditions on pages within the Affiliate Program and are incorporated as part of this TOU. By submitting an application or participating in an Offer, you expressly consent to all the terms and conditions of this TOU.
your use of the site and affiliate program signifies that you agree to these tou and constitutes your binding acceptance of these tou, including any modifications that we make from time to time. we will inform you about any modifications that occur in the essential parts of the tou and will ask implied consent.
- means you, a natural person or legal entity, who registers on the Bizzoffers Website and who accepts this TOU and will promote Clients Websites and\or products within the Affiliate Program.
- Affiliate Program
- means the collaboration between Bizzoffers and the Affiliate, whereby the Affiliate will promote the Clients’ Websites and\or products.
- Affiliate Commission
- means a commission of the Affiliate, which the Affiliate receive due to advertising and promotion of Clients’ Products. Type (CPA or CPS), rate (percentage or flat rate) and other payment terms of Affiliate Commission are specified in the IO.
- means software, SaaS solutions and/or mobile applications, which are owned and/or proposed by the Clients and are the subject of Affiliate Program.
- Offer list
- means list of Offers, that are available to an Affiliate in his Affiliate account.
- means legal entities which own and propose Products for promotion through Affiliate Program of Bizzoffers.
- Insertion order
- (hereinafter – IO) means a document, which is integral part of this TOU, concluded between Affiliate and Bizzoffers and in which specified specific terms and conditions about Affiliate Program and\or Offers.
- Qualified action
- means actions that made by individual persons who (i) accesses the Offer by the Affiliate’s Link, (ii) is not a computer generated user, such as a robot, spider, computer script, or other automated, artificial, or fraudulent method to appear like an individual, real live person, (iii) is not using pre-populated fields, (iv) completes all of the information required for such action within the time period allowed by Clients and (v) is not later determined by Clients as a fraudulent, incomplete, unqualified, or a duplicate, and (vi) who bought or install the Clients’ Products by the Affiliate’s Link.
- means cost per qualified action.
- Revenue Share (Rev.Share)
- means that the partner receives a share of the profit he brings to the customer.
- Prolongation, Rebill, Recurring commission
- means receiving a percentage of the profit for the customer`s repeat purchase or continued subscription
- Hybrid deals
- means a combination of several traffic options
- To become an Affiliate of Bizzoffers Affiliate Program, you have to register your Affiliate Account by the application filling and specify your name, contact details and describe your traffic source.
- You must submit an Affiliate Program application from our website. You must accurately complete the application to become an Affiliate (and provide us with future updates) and not use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you about your acceptance or rejection to the Affiliate Program, generally within five (5) business days. We may accept or reject your application for reasons, that will be specified in email, which you will receive if your application will be declined.
- Affiliates should provide promotion and advertising services of the Client’s Products. All products which an Affiliate should advertise are presented on the Bizzoffers Website and/or in Offers. Also, Parties may conclude and sign IO, in which will be specified all Products, which should be promoted and advertised by the Affiliate and specific terms and conditions.
- Bizzoffers will provide you an access to Affiliate Program, where you find different Offers, provided by Clients.
- A detail list of products, which Affiliate should advertise and promote will be specified in Offer list and\or IO.
- Bizzoffers may provide necessary promotion materials (hereinafter – Materials) to the Affiliate.
- We will make available graphic and textual links to the Offer and/or other Materials to you via the Affiliate Program. You may display them on web sites owned or controlled by you, in emails sent by you and clearly identified as coming from you and in online advertisements, etc. (hereinafter – Media). The Links will serve to identify you as a member of our Affiliate Program and will establish a link from your Media to an Offer.
- The Company reserves the right to decline your Affiliate program application for any reason before you start use Affiliate Program. There are some of the most common reasons:
- the request is with a lack of details;
- selected promotional method is not allowed;
- high level of chargeback and refunds.
- In case you disagree with our decision, send us an email for the reconsideration to [email protected].
Affiliate commission and payment procedure
- For advertising and promotion of Clients’ Products the Affiliate receive the Affiliate Commission.
- Type (CPA or CPS), rate (percentage or flat rate) and other payment terms of Affiliate Commission are specified in the IO.
- Total amount of the Affiliate Commission shall be determined based on the Bizzoffers tracking tools. For avoidance of any doubts, Bizzoffers tracking statistics shall prevail for determination of the amount of Affiliate Commission. Bizzoffers usually uses Appsflyer or Tune for tracking all Qualified actions.
- Affiliate Commission paid by the Bizzoffers. This is mean, that Clients don’t have any direct financial relationships with Affiliates.
- Affiliate Commission shall be paid under invoices, which generated by the Bizzoffers and based on the Bizzoffers tracking statistics.
- The invoice will be paid after 2 weeks hold from the moment of an invoice generating.
- Usually, Bizzoffers pays Affiliate Commission in US dollars or in Euros.
- You have right to choose billing cycle. There are 3 types of billing cycle: weekly, bi-weekly, monthly. Type of billing cycle shall be specified in the IO and\or in your Affiliate account. The standard billing cycle is weekly. You can change billing cycle in your Affiliate account or by sending email to our representative.
- There are two available payment methods: by wire transfer or through payment service providers (PayPal, Payoneer, WMZ etc.). The specific payment method shall be specified in the IO and\or in your Affiliate Account.
- We will pay Affiliate Commission based on an invoice after two weeks hold period is over provided that your account is currently greater than $100. Accounts with a balance of less than $100 will roll over to the next week (if other terms are not specified in the Affiliate Account and\or IO), and will continue to roll over weekly (if other terms are not specified in the Affiliate account and\or IO) until $100 is reached. If a balance of the Affiliate is more than $100, an invoice will be generated automatically in the last working day of each week (if other terms are not specified in the Affiliate account and\or IO).
- Minimum amount for payout. The minimum amount for payout is $100. If the Affiliate Commission owed to the Affiliate is less than $100, such payment will be deferred to the next chosen billing cycle, until the Affiliate Commission is at least 100 USD. If the total amount of payout is more than $500, a payment may be made by wire transfer. In other case the payment will be made through payment service provider. More details should be specified in the IO. Bizzoffers has right to pay the Affiliate Commission directly to the Affiliate or through authorized persons based on a special authorization letter.
- All banks’ fees, payment services providers fees, taxes and other obligated payments that may appear due to this TOU should be covered by the Affiliate.
- You should specify payment details of your own bank or payment account and undertake to keep it current. If you don’t specify it or don’t keep current, we will not be able to pay the Affiliate Commission.
- We will pay Affiliate Commission based on invoices, which were generated not later than one year ago. Affiliate Commission which was not paid and were older than one year will be decommissioned without any consequences for the Bizzoffers.
- If Affiliate Commission are not paid during more than 6 (six) months due to uncurrent payment methods or payment details, and then an Affiliate changes current payment methods or payment details and ready to receive Affiliate Commission, Bizzoffers has the right to pay Affiliate Commission in several installments without any interests, if the total amount of Affiliate Commission is more than $3000. The amounts and terms of installments are defined by the Bizzoffers. You hereby release Bizzoffers from any claim for Affiliate Commission, if Clients didn’t receive funds from end user.
- All tracking of Links and determinations of Qualified Actions shall be made by Bizzoffers in its sole discretion and using the Bizzoffers’s tracking tools and measurements. In the event that Affiliate disputes in good faith any portion of an invoice, Affiliate must submit that dispute to Bizzoffers in writing and in sufficient detail within fifteen (15) calendar days of the date of the invoice. If Affiliate does not dispute the invoice as set forth herein, then Affiliate agrees that it irrevocably waives any claims based upon that invoice. In the event that Affiliate is not agreed with the number of Qualified Actions and total amount of an invoice, Bizzoffers and the Affiliate will discuss the case and make the best efforts to resolve this issue.
- Chargebacks and Refunds. Clients try to minimize the refund rates by helping end users to solve arising issues or dispute chargeback claims. Should the transaction be reversed due to dispute or credit card fraud, your account will be debited with the amount of commission earned on that particular sale. This is means, that chargebacks and refunds should be deducted from Affiliates Commission. All sales, that will be refunded and\or charged back by users will not be paid by the Bizzoffers, or will be deducted from future payments.
- If Affiliate has an outstanding balance due to Bizzoffers under this TOU or IO, Affiliate agrees that Bizzoffers may offset any such amounts due to Bizzoffers from amounts payable to Affiliate under this TOU.
- If your Qualified Actions are stood with our requirements, we warrant that there are no any reasons and grounds not to pay your Affiliate Commission, and your Affiliate Commission will be paid in any case.
- Each party (“Discloser”) acknowledges that during the performance of its obligations under this TOU, it may be required to disclose to the other party (“Recipient”) certain information that it regards as proprietary or confidential. As used in this TOU, the term "Confidential Information" means information regarding Discloser’s trade secrets, personnel, products, customers, financial data, marketing and pricing strategies, services, business plans, methods, computer systems architecture, network configurations, any information which is governed by any now-existing or future non-disclosure agreement between the parties, and any other information which is or should reasonably be understood by Recipient to be of a confidential or proprietary nature. Recipient agrees that it will not disclose any Confidential Information to anyone except an employee, agent or advisor (collectively, “Representatives”) who has a need to know same, and who is bound by confidentiality and non-use obligations at least as protective of Confidential Information as are those in this section, and that it will not use Confidential Information for any purpose not permitted under this TOU. Recipient will protect the Confidential Information in the same manner it protects its own confidential and proprietary information, but in no event shall such protection be less than a reasonable standard of care. The foregoing obligations shall not apply to the extent Confidential Information must be disclosed by Recipient to comply with any requirement of law or order of a court or administrative body (provided that Recipient agrees to notify Discloser of the issuance of such order as soon as practicable, to reasonably cooperate with Discloser (at Discloser’s expense) in its efforts to convince the court or administrative body to restrict disclosure), and to disclose only the portion of such information that it is legally required to disclose. Confidential Information does not include information that: (i) is known to or in the possession of Recipient prior to its disclosure of information to Recipient hereunder, as evidenced by the Recipient’s written records; (ii) is or becomes known or generally available to the public through no act or omission of Recipient or its Representatives in breach of this TOU; (iii) is made available free of any legal restriction to Recipient by a third party; or (iv) is independently developed by Recipient without use of or reference to Confidential Information.
- Except as otherwise provided in this TOU or with the consent of the Company, you agree that all information, including, without limitation, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Affiliate Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you. Affiliate shall not use any information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Affiliate Program, Company or assist another party to do the same.
- Affiliate agrees to:
- have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.
- ensure that all Materials posted on your Media or otherwise used in connection with the Affiliate Program (i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights of any third party, and (iii) do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities (such as gambling), contains profanity or otherwise contains materials that Bizzoffers informs you that it considers objectionable (collectively, “Objectionable Content”).
- not make any representations, warranties or other statements concerning Clients Products, or end client, or any of their respective products or services, except as expressly authorized herein.
- make sure that your Media does not copy or resemble the look and feel of the Offers, or create the impression that your Media is endorsed by an appropriate Client.
- comply with all (i) obligations, requirements and restrictions under this TOU, and (ii) laws, rules and regulations as they relate to your business, your Media or your use of the Links.
- comply with the terms, conditions, guidelines and policies of any third-party services used by Affiliate in connection with the Affiliate Program, including but not limited to, email providers, social networking services and ad networks.
- under Bizzoffers’s request provide with information and proofs (if necessary) with description how Affiliate promotes and advertises Clients’ Products.
- E-mail campaigns. If the running campaigns are associated with advertising via e-mails, the Affiliate shall comply with all applicable laws, acts and regulations in any jurisdiction involved, without limitation, Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003, CALIFORNIA BUSINESS AND PROFESSIONS CODE DIVISION 7, PART 3, CHAPTER 1 ARTICLE 1.8. Restrictions On Unsolicited Commercial E-mail Advertisers, Children’s Online Privacy Protection Act of 1998 (COPPA), California Consumer Privacy Act (CCPA) (if applicable), etc. If the Bizzoffers delivers its suppression list for each e-mail campaign (including amendments or supplements to the already delivered one), the Affiliate shall immediately comply with that and withhold all mailing to e-mail addresses in such suppression list. In case of any penalty, fine or any other monetary sanction imposed on the Bizzoffers in respect to e-mail campaign running by the Affiliate, the Affiliate shall compensate to the Bizzoffers all such punishments plus damages and loss of profits, if any, within 10 (ten) calendar days as from the date of notification about a fact of the mentioned.
- Affiliate agrees to:
- Bizzoffers grants the Affiliate a non-exclusive, non-transferable, revocable right to use (license) the Materials and Affiliate account solely in accordance with the terms of this TOU, for the sole purpose to advertise and promote the Client’s products.
- Affiliate may not alter, modify, manipulate or create derivative works of the Materials or any Bizzoffers and\or Clients’ graphics, creatives, copy or other materials owned by, or licensed to, Bizzoffers in any way. Affiliate is only entitled to use the Materials to the extent that you are a member in good standing of the Affiliate Program. Bizzoffers may revoke your license anytime by giving you a written notice. Except as expressly stated herein, nothing in this T&C is intended to grant you any rights to any of Clients’ trademarks, service marks, copyrights, patents or trade secrets. You agree that Bizzoffers may use any suggestion, comment or recommendation you choose to provide to Bizzoffers without compensation. All rights not expressly granted in this TOU are reserved by Bizzoffers.
- Termination. This TOU shall commence on the date of our approval of your Affiliate Program application and shall continue thereafter until terminated as provided herein. You may terminate your participation in the Affiliate Program at any time with 48 hours prior written notice and by removing all Links from your Media, deleting all copies of the Links. We may terminate your participation in one or more Offers or this TOU at any time and for any reason, which we deem appropriate with or without prior notice to you by disabling the Links or providing you with a written notice. Upon termination of your participation in one or more IO or this TOU for any reason, you will immediately cease all use of and delete all Links, Materials, plus all Bizzoffers intellectual property, and will cease representing yourself as Bizzoffers of Clients affiliate for such one or more Offers and IO. All rights to validly accrued payments, causes of action and any provisions, which by this TOU are intended to survive termination, shall survive any termination.
- Remedies. In addition to any other rights and remedies available to us under this TOU, Bizzoffers reserves the right to delete any actions submitted through your Links and withhold and freeze any unpaid Affiliate Commission or chargeback already paid Affiliate Commission if (i) Bizzoffers determines that you have violated this TOU, (ii) Bizzoffers receives any complaints about your participation in the Affiliate Program which we reasonably believes to violate this TOU and/or IO or (iii) any Qualified Action is later determined to have not met the requirements set forth in this TOU or the Affiliate Program. Such withholding or freezing of Affiliate Commission, or chargeback of already paid Affiliate Commission, shall be without regard as to whether or not such Affiliate Commission were earned as a result of such breach.
- Fraud. You are expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with referrals through the Links or the generation of Qualified Actions or exceed your permitted access to the Affiliate Program. Such acts include, but are in no way limited to, using automated means to increase the number of clicks through the Links or completion of any required information, using spyware, using stealware, cookie-stuffing and other deceptive acts or click-fraud. Bizzoffers shall make all determinations about fraudulent activity in its sole discretion.
Affiliate represents and warrants that none of its actions and no part of the Affiliate Program shall:
violate or facilitate violation any applicable law, statute, ordinance or regulation, including, but not limited to, Section 5 of the Federal Trade Commission Act and other statutes, regulations, or guidelines of the Federal Trade Commission (“FTC”) or other applicable agency relating to unfair or deceptive marketing practices, Unfair Commercial Practices Directive, any laws that protect and promote competition, in particular any applicable antitrust laws and other laws on the regulation of competition of any country and any jurisdiction;
infringe or facilitate infringement any Bizzoffers rights, the rights of the Clients, whose Websites and\or products are promoted within the Affiliate Program, as well as the rights of competitors of the Clients, whose Websites and\or products are promoted within the Affiliate Program.
For the purposes of clause 6.3.1. the following actions will be considered a violation but not limited to:
creation and use of phishing links using the name of any Bizzoffers and/or Clients Websites and/or products;
use the name of any Bizzoffers and/or Client’s products, links to Bizzoffers and/or Client’s websites and/or any information about Bizzoffers and/or Client’s products, websites and cooperation details for the purpose of advertising and promoting any own- or third-party products, websites, applications, etc., or provide such information to any third party without prior written consent of Bizoffers;
provide your resources, including but not limited to, websites, toperform or facilitate the performance of the above activities.
This list is not exhaustive and Bizzoffers shall make all determinations about violation of clause 6.3.1 in its sole discretion.
In the event of any failure or breach of Affiliate’s representations and warranties herein, Bizzoffers, without applying to it any type of sanctions, including but not limited to financial ones, shall have the right to:
immediately, unilaterally and without prior warning terminate this Agreement and the Affiliate`s participation in the Affiliate Program;
not to pay the Affiliate Commission to Affiliate until the failure or breach will be remedied by Affiliate;
- Modifications. In addition to any notice permitted to be given under this TOU, we may modify any of provisions of this TOU at any time by providing you with a notification by email or without notification if you didn’t specify current contact data. The changes will become effective ten (10) business days after such notice. If the modifications are unacceptable to you, you may terminate this TOU without penalty solely on the account of such termination within such ten (10) business day period. Your continued participation in this Affiliate Program ten (10) business days after a change notice has been posted will constitute your acceptance of such change. In addition, Bizzoffers may change, suspend or discontinue any aspect of an Offer or Link, or remove, alter, or modify any tags, text, graphic or banner ad in connection with a Link. Affiliate agrees to promptly implement any request from Bizzoffers to remove, alter or modify any Materials that is being used by Affiliate as part of the Affiliate Program.
- Indemnification. Affiliate hereby agrees to indemnify, defend and hold harmless Bizzoffers and end clients and their respective subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs) based on (i) any failure or breach of this TOU, including any representation, warranty, covenant, restriction, or obligation made by Affiliate herein, (ii) any misuse by Affiliate, or by a party under the reasonable control of Affiliate, or obtaining access through Affiliate of the Links, Offers, or Bizzoffers intellectual property, or (iii) any claim related to your Media, including but not limited to, the content contained on such Media.
- Limitation of Liability. The Affiliate Program and Links, and products and services provided in connection therewith, are provided to Affiliates on the “as is” basis. Except as expressly set forth herein, Bizzoffers expressly disclaims all warranties, express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and noninfringement, and any warranties arising out of course of dealing, usage, or trade. Bizzoffers does not warrant that the Affiliate Program or Links will meet Affiliate’s specific requirements or that the operation of the Affiliate Program or Links will be completely error-free or uninterrupted. Bizzoffers expressly disclaims any liability for any act or omission of Clients or their products.
- In no event Bizzoffers be liable for any unavailability or inoperability of the links, program web sites, technical malfunction, computer error, corruption or loss of information, or other injury, damage or disruption of any kind beyond the reasonable control of Bizzoffers. In no event Bizzoffers be liable for any indirect, incidental, consequential, personal injury / wrongful death, special or exemplary damages, including but not limited to, loss of profits or loss of business opportunity, even if such damages are foreseeable and whether or not Bizzoffers has been advised of the possibility thereof. Bizzoffers’s cumulative liability to Affiliate, from all causes of action and all theories of liability, will be limited to and will not exceed the amounts paid to Affiliate by Bizzoffers in commissions during the three (3) months immediately prior to such claim.
- This TOU contains the entire agreement between Bizzoffers and Affiliate with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Affiliate agrees that Bizzoffers shall not be subject to or bound by any Affiliate insertion order or online terms and conditions that amend, conflict with or supplement this TOU. Affiliate may not assign all or any part of this TOU without Bizzoffers’s prior written consent. Bizzoffers may assign this TOU at any time with notice to Affiliate. This TOU will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto. If any provision of this TOU is held to be void, invalid or inoperative, the remaining provisions of this TOU shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.
- Applicable law. This TOU have been entered into in, and shall be governed by and construed only in accordance with the law of Australia. Exclusive jurisdiction and venue shall be in the courts of Australia.
- If you have any questions related to this TOU, you can apply to us via e-mail: [email protected].