By joining the Divi-Modules Affiliate Program you agree to the following Agreement:
Welcome to Divi-Modules Affiliate Program:
Please read this Agreement carefully before registering and signing up as an Affiliate of Divi-Modules (“Company”, “we”, “us” or “our”). By signing up for the Divi-Modules Affiliate Program, you (“Affiliate”, “you”, “your”) are agreeing to accept this Affiliate Agreement. If you sign up on behalf of a company, organisation, or other entity, this Agreement applies to you and the company, organisation, or other entity that you represent.
This Affiliate Agreement is subject to change at any time and at our sole discretion. We will send out a change notice prior to posting the new Agreement on our website. By continuing to participate in the Affiliate Program after those revisions become effective, you agree to be bound by the revised terms, regardless of whether or not you received notice of the same.
Referral Links & Tracking:
When you become a Divi-Modules Affiliate, you’ll be given a unique Affiliate ID and Referral URL which can be used to promote Divi-Modules and our products via Referral Links. You can share your Referral Links on your website, blog, social media, emails or however else you wish to refer us, as long as you follow the terms herein.
A referral won’t be awarded if:
- The customer deletes the cookie in their browser before the 90 days expiration. Because this will make tracking impossible.
- The customer uses a different browser to purchase than the one they originally used to visit the Divi-Modules website. Because the cookie does not exist in that browser.
- The customer purchases after 90 days. Because the cookie will have expired.
Divi-Modules will supply the Affiliate with a range of banner advertisements and/or other graphic or textual material for display and use by the Affiliate (the “Promotional Materials”). Links to these Promotional Materials include the Affiliate’s unique Referral URL and can be accessed from the Affiliate Area on the Divi-Modules website.
We hereby grant the Affiliate a limited, non-exclusive, non-transferable license to download and use such Promotional Materials for the sole and exclusive purpose of promoting our products within the context of the Affiliate Program. The Affiliate does not gain any trademark, copyright or any other rights to these materials and may not modify the Promotional Materials without our written consent.
In connection with any marketing efforts that you choose to make for our products, please ensure that you adhere to the following principles:
- The Affiliate will never imply that they are acting on behalf of Divi-Modules.
- The Affiliate will never represent themselves, Divi-Modules or their relationship with Divi-Modules in a false or misleading way.
- The Affiliate will not use our Referral Links and Promotional Materials, or promote Divi-Modules in a false or misleading way.
- The Affiliate will not send spam of any kind or engage in scams of any kind by mentioning or referencing Divi-Modules.
- The Affiliate will be solely responsible for their own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.
- As an affiliate marketer, you are responsible for complying with laws regarding privacy and disclosure.
Divi-Modules offers a 20% Affiliate Commission rate on all successful referrals. The Affiliate Commission qualifies for payout 30 days after the referred customer’s purchase date on Divi-Modules website. If, during the 30 day period the originating purchase is refunded, revoked, cancelled or removed in any way, we reserve the right to revoke the Affiliate Commission on that purchase.
If, the referred customer uses a discount code on their purchase, the Affiliate earns a percentage of the discounted price only. If, the purchased product is on sale at the time of purchase the Affiliate earns a percentage of the sale price.
The Divi Marketplace is not part of our Affiliate Program. Affiliate Commissions are only given to direct purchases on the Divi-Modules website. We do not track customer activity once they leave the Divi-Modules website, including if they buy the product from the Divi Marketplace.
Referrals cannot be generated on your own purchases. This means when you buy our products through your own affiliate links, you won’t receive a Affiliate Commission on that sale.
Affiliate Commissions will be processed at the beginning of each month for successful referrals that are older than 30 days and still in good standing (i.e. the purchase has not been refunded). This means you may not receive your first payment until 60 days after joining the Affiliate Program.
The minimum balance for a payout is 50 USD. No payments will be due or payable until an Affiliate has earned at least 50 USD.
Payments are only made through PayPal. Therefore, you must have a valid PayPal email address assigned to your Affiliate Account to receive any payment. You can change your PayPal email address assigned to your Affiliate Account in your Affiliate Area on the Divi-Modules website.
PayPal may charge you a transaction fee when you receive your Affiliate Commissions, the amount will depend on the country of your PayPal account. Divi-Modules is not responsible for any transaction fees incurred by the Affiliate in receiving your Affiliate Commissions.
Divi-Modules shall not be responsible for any taxes owed by the Affiliate arising out of the Affiliate’s relationship with us as set forth in this Agreement. Divi-Modules shall not withhold any taxes from the Affiliate Commissions paid to the Affiliate.
As an Affiliate you’ll have access to your Affiliate Area when you login to your Divi-Modules Account. The Affiliate Area is where you can generate Referral Links, track your referral performance, view earnings, download creatives, and more:
- URLs: Here you can view your Affiliate ID and generate Referral Links.
- Statistics: Here you can check your overall referral performance and earnings.
- Graphs: Here you can view graphs of your Unpaid Referral Earnings, Pending Referral Earnings, Rejected Referral Earnings and Paid Referral Earnings.
- Referrals: Here you can view a log of your referrals and their current status.
- Payouts: Here you can view a log of your referral payouts.
- Visits: Here you can view a log of all website traffic generated from your Referral Links.
- Creatives: Here you can access the product Promotional Materials.
- Settings: Here you can change your PayPal email address, and manage notifications.
News & Updates:
By becoming an Affiliate you agree to receive emails from Divi-Modules. These emails will be sent to Affiliates only, on an ad-hoc basis, and may include important information regarding the Affiliate Program. You will also be added to our mailing list to receive updates about our products, news and special offers to help you effectively promote Divi-Modules.
Affiliate Application Rejection:
We reserve the right to reject Affiliate applications for any reason, including but not limited to Affiliate applications from websites that engage in scams, spam or illegal business practices. We also reserve the right to choose whether we provide an explanation or reasons for the rejection.
Either party has the right to terminate the Agreement immediately, for any or no reason, with or without prior notice.
If Divi-Modules chooses to terminate the Agreement, any balance left in the Affiliate’s Account will be paid to the Affiliate within 60 days of termination.
However, if we suspect that you are engage in fraud of any kind, have violated this Agreement, the rights of another, or the law, your Affiliate Account will be terminated and all pending and future payments will be forfeited.
If you wish to terminate your Affiliate Account, you can do so at any time by delivering a written notice addressed to email@example.com, or simply stop using the Referral Links.
Any information that the Affiliate is exposed to by virtue of their relationship with the Company under this Agreement, which information is not available to the general public, shall be considered to be “Confidential Company Information.” The Affiliate may not disclose any Confidential Company Information to any person or entity, except where compelled by law, unless the Affiliate obtains prior written consent for such disclosure from the Company.
The Affiliate shall indemnify the Company and hold harmless and defend the Company from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of the Affiliate’s warranties set forth herein. The Affiliate shall also indemnify, defend and hold harmless the Company for any damage, loss or other cost arising out of the use or misuse by the Affiliate of the Promotional Materials.
Limitation of Liability:
IN NO EVENT SHALL DIVI-MODULES AND/OR ITS OWNERS, EMPLOYEES, PARTNERS, AGENTS OR AFFILIATES AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. DIVI-MODULES’ LIABILITY, TO YOU OR ANY THIRD-PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF $100.00. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN DIVI-MODULES AND YOU.
Choice of Law:
This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of laws rules. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in Melbourne, Victoria, Australia.
If any part of this Agreement is declared unenforceable or invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
For questions regarding this Affiliate Agreement, please contact us.