September 22, 2018
1.1 THIS IS A LEGAL AFFILIATE AGREEMENT FOR TERMS AND CONDITIONS BETWEEN YOU AND LAMBDATEST.COM MADE BY LAMBDATEST.COM. BY ACCEPTING TO THE AFFILIATE TERMS AND CONDITIONS YOU AGREE TO THE COMPLETE AGREEMENT, FAILING WHICH WILL LEAD TO THE IMMEDIATE TERMINATION OF THE AGREEMENT.
1.2 The following is a list of terms and conditions that an affiliate agrees to while signing up for an affiliate program with LambdaTest. Please note that ‘We’, ‘Us’, ‘Our’ and other related capitalized terms refer to LambdaTest and ‘You’, ‘Your’ and related capitalized terms refer to the Affiliate who will promote LambdaTest and bring potential customers to the Our website.
Note:We have complete right to change or modify this agreement’s terms and conditions AT ANY TIME without any prior notice.
2. Background: Who are We?
We are a SaaS-based company offering a cross-browser testing tool that helps everyone who is involved in design, development, and testing of a website or a web application in the cloud. We provide an infrastructure of more than 2000 combinations of browsers, browser versions, operating systems, and mobile and desktop devices where anyone can test their website or web application for cross-browser compatibility.
For purpose of this agreement, the definitions are as follows:
3.1 “Affiliate” means an individual or business that uses its platform to promote LambdaTest.
3.2 “Affiliate Data” means the information of the Affiliate (including personal information).
3.3 “Affiliate Site” means the website which an Affiliate will use to promote LambdaTest by placing a banner, ad, image, text or any other form.
3.4 “Affiliate Application” means the application form submitted by You while registering for the Affiliate Program with Us.
3.5 “Commission” or “Rewards” means the undisputed and approved amount that We will provide You after every successful conversion on Our Website from Your link.
3.6 “Affiliate Link” or “Affiliate URL” means the link that will be shared with You over email once You complete Affiliate Application and agree to be a part of LambdaTest Affiliate Program.
4. Joining the Program
4.1 To get started with LambdaTest Affiliate Program, You should enroll in the program by submitting the Affiliate form. The affiliate form is available on Our website. You must provide full, and accurate information while filling up the Affiliate Agreement form.
4.2 Once You fill the form, an email with all the details for Affiliate Program will be sent to Your entered email address. The email will consist of the ‘Affiliate Link’ and your login details. We are using an Affiliate tracking tool for tracking all the commission, rewards, and conversions. So, You’ll have to go through the tool to take part in Our Affiliate Program.
4.3 You need to sign up using the entered email address and You’ll be redirected to a dashboard. The dashboard will contain all the information that You’ll require in order to run an affiliate program with Us. The rewards and commissions will be mentioned there.
4.4 LambdaTest has the complete authority to reject or accept any affiliate application. If We find that Your site is inappropriate to Our users or We are driving inappropriate traffic from Your site, We can terminate Your participation in the Affiliate Program.
4.5 Irrelevant or unsuitable sites may include, but will not be limited to sites containing information or activities related to illegal, abusive, offensive, or infringing content or that uses images or content that promotes racism, or in any way harmful, disrespectful, promotes violence, harassing, threatening, unlawful, ethically objectionable, or promotes discrimination on basis of sex, caste, nationality, religion, disability.
4.6 Rejection of any Affiliate’s application by LambdaTest doesn't imply that You cannot apply to the program again. In case You want to know why Your application has been rejected by Us, You can write to Us email@example.com
5. Code of Conduct
We want Our Affiliate Program to be fair and transparent. To maintain the highest level of professionalism, the following behavior is prohibited while doing affiliate promotion for us and will lead to immediate account suspension and/or termination.
5.1 Self-referrals: You can not refer LambdaTest to Yourself or cannot create your different personal accounts to refer LambdaTest.
5.2 Use of unauthorized media elements: You may only use elements authorized by LambdaTest for any promotional purpose. This especially (but not limited to) applies to logos, Brand-name, and tagline.
5.3 Misrepresentation of LambdaTest brand name: You may not misrepresent the LambdaTest. This includes, but is not limited to, misleading customers on basis of pricing, tool’s features, providing non-existent discount coupons, or any other false information.
5.4 Usage of sites mentioning LambdaTest’s coupons: You may not add your affiliate links to sites providing LambdaTest coupons.
5.5 Recent past customers: You will not be paid any commission or rewards for customers that have been Our subscriber in the previous 3 months for any of Our plans.
6.1 You will be paid commissions or rewards for the approved paid customers that come to Our Website from Your Affiliate Link. The freemium users will be shown as pending under Your and Our dashboards. YOU’LL NOT BE PAID FOR ANY FREEMIUM UNLESS HE BECOMES A PAID CUSTOMER WITH US.
6.2 Any fake referrals, invalid cards, coupons, and other invalid means of payment which are unapproved by our payment gateway will not be considered as a valid payment and You will not be paid for those.
6.3 The commission that You’ll be getting will be based on Recurring Revenue. If the customer opts for an annual plan with Us, You’ll keep getting a part of the payment that we receive annually on an annual basis. If the customer opts for a monthly plan, You’ll keep getting your commission on a monthly basis.
6.4 If any time the customer referred from Your link, ends the paid subscription with us, You’ll no longer get the commission for that customer. However, this will not affect the other customers coming to Our site from Your Referral Link.
6.5 The payout will be done on the first date of every next month. You’ll be given the commission of the entire month from the 1st date of the month to the last date of that month on the 1st date of the next month. In order to receive the amount, Your account must be active for at least 32 days.
6.6 You’ll get the commission for only successful payments, failed payments on any part will not be entertained by Us.
6.7 The payment mode will be purely transparent and You’ll be paid using Your PayPal account.
6.8 For yearly plans, you'll get a flat 25% recurring commission on any yealy plan that the user subscribes as along as the user pays us.
6.9 For monthly plans, you'll get flat 50% commission on the first transaction and after that, from second transaction onwards you'll get 25% recurring commission every month as long as the user pays us.
7.1 Either You or We may terminate this affiliate agreement AT ANY TIME, with or without cause but by giving the other party a written notice. This written notice can be in the form of an email, chat or support ticket. In addition to this, We have complete right to terminate this agreement immediately if You breach any of the clause or terms or conditions of this agreement.
7.2 If the Affiliate terminates the agreement, no further payout will be done for the affiliate by Us.
7.3 If We terminate the agreement, any withstanding commission will be sent to You on the 1st date of the next month.
7.4 Even the commission is recurring but the moment any party terminates the agreement, any further recurring commission will be stopped and You’ll be paid only for the past standing payouts.
8. Relationship between the agreeing parties.
Both the parties are agreeing on the agreement independently. This agreement does not ensure any sort of partnership, agency, recruitment, representation, or joint venture relationship between the parties. We do not give any authority to You to act on Our behalf.
9. Confidential Information and Data Privacy.
9.1 “Confidential Information” means any information disclosed by either Party to the other Party pursuant to these Terms that is marked “Confidential,” “Proprietary,” or in some similar manner. Both parties shall treat as confidential all Confidential Information of the other Party and shall not use such Confidential Information except to exercise its rights or perform its obligations under these Terms and shall not disclose such Confidential Information to any third party. This paragraph will not apply to any Confidential Information that is generally known and available, or in the public domain through no fault of the receiver. The Parties agree that any breach or threatened breach of the provisions set forth in this clause shall cause irreparable harm to the non-breaching party and shall entitle the non-breaching party to injunctive and equitable relief in addition to any other remedies it may have.
9.2 You acknowledge and agree that (i) We, at our sole discretion, have the right to audit You for Your compliance under these Terms and You shall extend full cooperation during such audits; (ii) any information about Us, our customers or our employees, including but not limited to personal data, disclosed by Us to You shall be utilized by You solely for provision of services to Us under these Terms.
10. Contacting Us:
We may change Our Terms and Conditions from time to time and at Our sole discretion. However, Your rights will not be reduced without Your explicit consent. If you have any questions about this agreement or Your dealings with Us, you can contact Us at firstname.lastname@example.org or via postal mail at LambdaTest, Inc. Suite 200, 1390 Market Street, San Francisco CA 94102.