AFFILIATE PROGRAM TERMS & CONDITIONS

REFERRAL PROGRAM TERMS:

The Planoly Referral Program allows registered Planoly users to earn referral credits by referring friends to Planoly. Referral Credits may be applied as credits towards future paid plans or extend a free month if on trial plan.

To participate, Planoly users must agree to these terms, which become part of the Planoly Policies. Capitalized terms that are not defined here will have the same meaning given to them in the Planoly Policies.

HOW TO EARN REFERRAL CREDITS

Planoly Users can earn Referral Credits towards future paid plans or an extended free month trial plan if: (i) a referred friend clicks on their referral link to create a valid Planoly account that complies with our Terms of Service; and (ii) the referred friend signs up for a paid plan.

REDEEMING REFERRAL CREDITS

The referring Planoly user will have the credit on their account to redeem that can be applied towards future monthly plans. They would have to manually redeem the credits monthly on their profile page. Redeemed Referral Credits will be applied to your account as credit that will be applied to future invoices. If a Planoly user is on the trial plan, they will receive a free month as a credit.

Referral Credits may not be earned by creating multiple Planoly Accounts. Referral Credits accrued in multiple Planoly accounts may not be combined into one Planoly account.

SHARING REFERRAL LINKS

Referrals should only be used for personal and non-commercial purposes, and only shared with personal connections that will appreciate receiving these invitations. Referrals are not allowed to spam or solicit recipients that are not believed to be personal friends.

SEVERABILITY

If any provisions in these terms are held to be invalid, void, or unenforceable, such provision or parts of provision will be struck and not affect the validity of and enforceability of the remaining provisions.

TERMINATION AND CHANGE

Planoly may suspend or terminate the Referral Program or a user’s ability to participate in the Referral Program at any time for any reason. Requirements and
incentives may also change at any time.

Referral Credits earned through fraudulent activities are null and void. We reserve the right to suspend accounts or remove referrals if we notice any abusive or fraudulent activities. We reserve the right to suspend, cancel, or modify referrals, as we deem fair and appropriate.

UPDATES TO THE TERMS

We can update these terms at any time without prior notice. All modifications to the terms will be posted on our website, which are effective upon posting. Continued participation in the Referral program after any modifications shall constitute consent to such modification. If the modified terms are not acceptable, the only recourse is to stop sending referral links and/or participating in the Referral Program.

 

AFFILIATE PROGRAM TERMS:

 

ACCEPTANCE OF TERMS

The Affiliate Program Terms and Conditions (herein referred to as “the Agreement”) constitute a legal agreement between the affiliate program participant (herein referred to as “the Affiliate”) and Planogram, Inc (herein referred to as “The Company”), legal owner of the domain name and website Planoly and mobile app Planoly (herein referred to as “the Website”). The Affiliate and/or the Company may also be referred to herein as a “Party” and collectively as the “Parties”. The Affiliate Program (herein referred to as “The Program”) allows the Affiliate to promote the Company’s services and receive commissions according to the terms and conditions listed below. The Affiliate acknowledges, agrees to, and is bound by these terms and conditions by signing up and participating in the Program.

The Parties entering this Agreement are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the Parties. The Affiliate has no authority to make or accept any offers or representations on the Company’s behalf. The Affiliate cannot make any statement, whether on the Affiliate’s website or otherwise, that would reasonably contradict anything in this
Agreement.

BECOMING AN AFFILIATE

In order to be able to participate as an Affiliate of The Program, applicants must register an account via the Planoly. Once an account and profile have been created, the account holder can activate the affiliate link (a unique affiliate URL), which is accessible by navigating to the “refer a friend” page located in the “my profile” menu of the Planoly (the Website).

The Program is made available to any individual, company or organization that qualifies as described within the Terms of Service. The Applicant’s affiliate privileges may be suspended or revoked if it is determined that the applicant is unsuitable for the Program for any reason. Examples of applicant unsuitability include but are not limited to any previous history of the applicant not complying with Planoly Affiliate Program Terms of Service, website or other activity that could be related to any unlawful, defamatory, obscene, harassing or otherwise objectionable activity (such as facilitating illegal activity, promoting violence, promoting or assisting others in copyright infringement, sending unsolicited email, or promoting activities that the Company feels may harm the Planoly brand by association with the Program.)

AFFILIATE ROLES AND RESPONSIBILITIES
  • The Affiliate is responsible for providing full and accurate information upon registration for the Program and keeping the profile information up-to-date. Failure to provide accurate information may result in any of the following: exclusion from the Program, suspension or termination of the affiliate account, forfeiture of any commissions.

  • The Company reserves the right to contact the Affiliate and request additional data regarding all the websites where the Affiliate promotes Planoly and the promotional practices used by the Affiliate, to which the Affiliate is required to provide truthful and detailed information. Failure to provide accurate and truthful information when requested by the Company may result in suspension or termination of the Affiliate account and forfeiture of any commissions.

  • The Affiliate should act in good faith in his/her Affiliate practices and refer customers in good standing.

    • If the Company detects a pattern in the practices used by the Affiliate that results in referring customers that are not in good standing, the Company reserves the right to suspend or terminate the Affiliate account and not pay commission payments due by the Company to the Affiliate.

  • The Affiliate should not take actions or make recommendations to its referrals that result in a potential revenue loss for the Company. If the Company detects a pattern in the practices used by the Affiliate that result in possible revenue losses, it reserves the right to suspend or terminate the Affiliate account and forfeit commissions.

  • The Affiliate should use only advertising materials approved by the Company. In utilizing the promotional material, the Affiliate agrees to cooperate fully with the Company in order to establish and maintain approved promotional material.

APPROPRIATE USE OF THE UNIQUE AFFILIATE LINK
  • Placed on Affiliate personal and/or Business websites
  • On social channels such as Facebook, LinkedIn, Twitter, Google+, Instagram, Pinterest, etc.
  • Blog posts and websites for reviewing products and services.
  • Other acceptable uses may apply. Consideration for additional uses must be submitted via email to support@Planoly.com, but are not valid until approved and ratified by Planoly.
INAPPROPRIATE USE OF THE UNIQUE AFFILIATE LINK
  • Using any illegal or spam method of advertising like unsolicited email, unauthorized placing of the link in forums, newsgroups, message boards, etc.
  • Bidding on keywords and phrases containing the “Planoly” trademark, or variations or misspellings of the trademarked term on pay per click or pay per impression campaigns on search engines (Google, Yahoo, MSN, Ask, Bing, or other) without prior approval by The Company. Affiliates are not allowed to use Planoly as a display URL in pay per click ads or to direct-link or redirect to Planoly.
  • Using traffic generated by pay to read, pay to click, banner exchanges, click exchanges, PPV advertising, pop-up/under, or similar methods. Providing cash back incentives, rewards or any other kind of incentives to obtain the sale without prior approval of the Company.
  • Using the Company’s advertising materials, trademark or name in a way that compromises the Company’s image.
  • Using iframes or any other techniques or technology that places your affiliate tracking cookie by any means other than an actual click-through.
  • Using link cloaking or masking techniques or technology with the goal to promote Planoly on websites and/or networks not explicitly mentioned in the affiliate profile and to hide that traffic source.
  • The Company has the sole right to decide if a promotional method used by the Affiliate is appropriate. In case the Company deems an advertising method used by the Affiliate to be inappropriate, the result could be a warning, suspension or termination of the Affiliate account, and the withholding of commissions.
  • The Affiliate is required in accordance with FTC (http://www.ftc.gov/) advertising regulations to disclose the affiliate relationship with the Company on their website.
  • Affiliate websites must NOT contain lewd, obscene, illegal or pornographic material, or any other material that is deemed to be objectionable. This includes, but is not limited to, bigotry, hatred, pornography, satanic materials, trademark and copyright materials, and all content of an adult nature. The designation of any materials as described above is left entirely to the discretion of the Company.
  • The Affiliate website(s) and/or domain name(s) must NOT contain keywords and phrases containing the “Planoly” trademark or any other variations or misspellings confusingly similar to the Company trademark, name or domain name. The Company reserves the right to suspend all affiliate accounts and withhold commissions in case of noncompliance.
HOW THE AFFILIATE LINK WORKS

When visitors to your website click the Affiliate link, a cookie is placed in the browser allowing the Company to automatically track the visitors you refer as they sign up for services. The users you refer don’t have to purchase instantly as the cookies last up to 30 days following the initial visit. The Company is not responsible and shall be held liable if the customer deletes or removes cookie data. Once a plan is purchased, your affiliate URL is transparently assigned to the profile and for each invoice the referred client successfully pays, the Affiliate will receive a commission.

WHAT QUALIFIES AS AN EARNED COMMISSION

The Affiliate will receive the appropriate commission based on the referred client’s purchase. Commissions are calculated as a percentage of the purchase price and commissions are applied after the invoice has been successfully paid (with a 7 day period to process the payment) as long as ALL of the following
hold true:

  • This is a first time customer who had clicked on an active affiliate link and the cookies are active at the time of the order
  • Referred does not cancel their subscription within 5 days of the purchase.
AFFILIATE COMMISSION PAYMENTS

Affiliate commission payments are accumulated throughout the month. This information can be viewed on your “refer a friend” page. Commissions are paid automatically on the 1st and 15th of each month* for affiliate balances of $50 or more. All commissions are paid in US dollars and there are two payout methods available: PayPal (PayPal transaction fees may apply), and manual check mailed to your address.

*Regular commission payments are made on the 1st and 15th of each month unless it falls on a weekend or a bank-recognized holiday, in which case commissions will be paid on the next business day.

What if my commission does not match the balance from the report?

In the event that a referred client cancels or terminates service after an invoice has been paid, any associated commissions would also be cancelled which may cause a discrepancy with the report.

The Company reserves the right to withhold any payouts of commissions for sales that are potentially fraudulent as determined by the Company in its sole
discretion.

The Company reserves the right to suspend payment of commissions at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms in this Agreement by the Affiliate or referred customer(s). The Company reserves the right to deduct from Affiliate’s current and future commissions any and all commissions paid out for sales corresponding to any fraudulent, questionable, or canceled purchases. When no subsequent commission is owed, the Company will bill the Affiliate for the balance of such refunded purchases upon cancellation of the service or termination of the referred customer account due to fraud or chargeback.

TERMINATION OF AFFILIATE RELATIONSHIP

The Affiliate can cancel the Affiliate relationship at any time by contacting the Company via email at support@planog.ram. The Affiliate relationship will be cancelled immediately upon receipt and processing of the Affiliate cancellation ticket and any commissions earned will be paid during the next monthly pay out date.

The Company can cancel the Affiliate relationship at any time using any of the following methods:

  • With a 7-day prior notice without explanation. Any commissions due at the time of the cancellation will be sent to the affiliate after any holding period and in accordance with a regular payout cycle.
  • Immediately with no prior notice if the affiliate does not comply with the Affiliate program terms. In such a case, the Company has to provide no prior warning and can withhold any commission payments.
  • Immediately with no prior notice and/or explanation if the affiliate has not generated any sales to the company for a period or 6 months or longer.

After the cancellation of an Affiliate account the Company will no longer track the sales associated with the affiliate and will not owe any commissions to the
affiliate for future sales or referred clients.

LIMITATION OF LIABILITY

BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU ACCEPT THE TERMS OF SERVICE IN THEIR ENTIRETY AND AGREE THAT Planoly WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN
CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF Planoly HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO THE AFFILIATE UNDER THIS AGREEMENT DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

AFFILIATE PROGRAM SUBJECT TO CHANGE

The Company reserves the right to change the above Terms of Service at any time. Such changes will become effective and binding after their posting on the Company’s website. The Affiliate agrees to regularly review the Affiliate program Terms of Service and be aware of the changes made. By continuing to participate in the Affiliate program after a revision has been posted, the Affiliate agrees to abide by them.