Affiliate Program Terms of Use

RESTRICTIONS AND PROHIBITIONS

• 1 Overview

  This Agreement (along with the Mandatory features of an affiliate piece of content which is an integral part hereof) contains the complete terms and conditions that apply to you becoming an affiliate ('Affiliate') in DevIT.Software Affiliate Program. Our Affiliate Program is meant to encourage you to promote our apps to bring us to new audiences and to make sure that you are rewarded for your activity. Please note that throughout this Agreement, 'we,' 'us,' and 'our' refer to DevIT.Software, or its affiliates and 'you', 'your', and 'yours' refer to you as the Affiliate.

  Our referral sources are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask for the same consideration from you. This Agreement protects our good name while giving you the opportunity to profit from your internet traffic. If you have any questions, please don't hesitate to let us know. We are strong believers in straightforward and honest communication. For the quickest results, please email us at [email protected].

• 2 Affiliate Obligations

  • 2.1. To begin the enrollment process, you will submit the request to the Mantle Affiliates service (https://affiliates.heymantle.com). We may reject your application at our sole discretion (or terminate if you are already in the Affiliate Program) and will do so if you or your website or other media resources:

  • 2.1.1. promote or display sexually explicit materials, violence, discrimination, and/or is otherwise used for illegal activities;

  • 2.1.2. promote or display violence;

  • 2.1.3. promote or display content that incites hatred against, promotes discrimination of, or disparages an individual or group on the basis of their race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, skin tone, or other characteristic that is associated with systemic discrimination or marginalization;

  • 2.1.4. incorporate any materials that infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law;

  • 2.1.5. include our application names or the name of our company or variations or misspellings thereof in any domain name that you use or control;

  • 2.1.6. promote or engage in fraud;

  • 2.1.7. promote or engage in spamming;

  • 2.1.8. promote or engage in cybersquatting and typosquatting;

  • 2.1.9. engage in distribution of toolbars, browser helper objects, shopping assistance applications, etc.;

  • 2.1.10. use software downloads that potentially enable diversions of commission from other members of our Affiliate Program;

  • 2.1.11. create or design your website or any other website that you operate or control explicitly or implicitly in a manner that resembles our website or design your website in a manner that leads customers to believe you are DevIT.Software or any of our other affiliated businesses;

  • 2.1.12. otherwise in any way promote or engage in unlawful, harmful, threatening, defamatory, libelous, obscene, harassing, or fraudulent conduct, or other conduct which may be racial, ethnically, or otherwise objectionable to us in our sole discretion.

  • 2.2. As a member of DevIT.Software Affiliate Program, you will have access to the Mantle Affiliates Account. Here you will be able to review our Program's details, download text and banner creative material, browse and get tracking codes for our deals. In order for us to accurately keep track of all app installations related to your affiliate account, you must use referral links provided in your Mantle Affiliates Account, or other Affiliate links we provide you with.

  • 2.3. The maintenance and updating of your website or other media resources is your responsibility.

  • 2.4. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site or other media resources. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third-party rights. You agree to indemnify and hold us harmless from any liability or costs for any claims arising out of your acts or alleged acts which allege copyright infringement by you.

  • 2.5. As a member of our Affiliate Program you must be compliant with the Federal Trade Commission (FTC) guidelines on testimonials and endorsements. All endorsements, reviews, testimonials on DevIT.Software products and services, as well as relationships between other types of content websites (forums, blogs, microblogs, and other Social Media channels) and DevIT.Software must be clearly disclosed in a written statement on your websites. FTC points out that 'when there exists a connection between the endorser and the seller of the advertised product,' it is imperative that such a connection is 'fully disclosed.' FTC would deem our relationship as an endorser-sponsor and believe that the end-user has the right to understand that an endorser-sponsor relationship exists. We share the underlying idea of this approach and require you to adhere to the FTC's rules. (We do not tolerate unfounded critical comparative reviews and any form of disparagement of our competitors’ products.)

• 3 DevIT.Software Rights and Obligations

  • 3.1. We may monitor your site or other media resources to determine if you are following the terms and conditions of this Agreement.

  • 3.2. We reserve the right to terminate your participation in the DevIT.Software Affiliate Program if you engage in any of the conduct set forth in Section 2 of this Agreement, otherwise violates the terms and conditions of this Agreement, or for no reason in our sole discretion. If we terminate this agreement for breach, DevIT.Software shall not be liable to you for any commissions commencing on the date of your breach, regardless of when this agreement is terminated.

  • 3.3. This Agreement will begin upon our acceptance of your application and will continue unless terminated hereunder.

• 4 Termination

  Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of an email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you. If we terminate for breach we may also pursue any and all legal and/or equitable remedies.

• 5 Modification

  We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, you will be notified by email. Modifications may include, but are not limited to DevIT.Software Affiliate Program rules that we may publish or send to you. If any modification is unacceptable to you, your only option is to terminate this Agreement. Your continued participation in DevIT.Software Affiliate Program following notification or the posting of our new Agreement on our site will indicate your agreement or rules to the changes.

• 6 Payment and Fees

  DevIT.Software uses a third party to handle all of the tracking and payment for the Affiliate Program. The third party is currently Mantle Affiliates service. From their site, you will be able to receive your reports that will describe our calculation of the commissions due to you.

  You agree to pay all fees at the payout prices according to your affiliate commissions in your Mantle Affiliates account.

  If your referral lead requests a refund of payments for our products or services within the 30-day money-back guarantee period while using the app, the affiliate commission for that transaction will not be counted.

• 7 Promotion Restrictions

  • 7.1. You are free to promote your own websites or media resources, but naturally any promotion that mentions DevIT.Software or our products could be perceived by the public or the press as a joint effort. For example, advertising commonly referred to as 'spamming' is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups, and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote DevIT.Software products so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. You may also post to newsgroups to promote DevIT.Software products so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself, your websites, or other media resources as independent from DevIT.Software. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the DevIT.Software Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.

  • 7.2. You are not submitting any leads as your own referrals as long as these are valid leads sincerely interested in DevIT.Software service and products without your participation.

  • 7.3. You are not submitting any leads that have already used our services or products.

  • 7.4. You do not indicate yourself as a referral lead.

  • 7.5. You can submit leads who have previously used our services or products, but at least 90 days must have passed since they stopped using our services or products.

  • 7.6. You shall not transmit any so-called 'interstitials,' 'ParasitewareTM,' 'Parasitic Marketing,' 'Shopping Assistance Application,' 'Toolbar Installations and/or Add-ons,' 'Shopping Wallets,' or 'deceptive pop-ups and/or pop-unders' to consumers from the time the consumer clicks a qualifying link until such time as the consumer has fully exited DevIT.Software site or any other DevIT.Software products pages (i.e., no page from our site or any DevIT.Software content or branding is visible on the end user's screen). As used herein 'ParasitewareTM' and 'Parasitic Marketing' shall mean an application that (a) through accidental or direct intent causes the overwriting of Affiliate and non-Affiliate commission tracking cookies through any other means than a customer-initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing pop-ups, commission tracking cookies to be put in place, or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Bing, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of DevIT.Software site in IFrames, hidden links, and automatic pop-ups that open DevIT.Software site; (d) targets text on websites, other than those websites 100 percent owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces, or blocks the visibility of Affiliate banners with any other banners, other than those that are on websites 100 percent owned by the owner of the application.

  • 7.7. If you are found to be cybersquatting or typosquatting on trademark-related domains you will be terminated and any commissions accrued to you, but unpaid, will be forfeited.

• 8 Grant of Licenses

  • 8.1. We grant to you a nonexclusive, nontransferable, revocable right to (i) access our site and other product pages through HTML links solely in accordance with the terms of this Agreement, and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the 'Licensed Materials') that we provide to you or authorize for such purpose.

  • 8.2. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of DevIT.Software Affiliate Program.

  • 8.3. You agree that all uses of the Licensed Materials will be on behalf of DevIT.Software and the goodwill associated therewith will inure to the sole benefit of DevIT.Software.

• 9 Disclaimer

  DEVIT.SOFTWARE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING DEVIT.SOFTWARE SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE AND OUR PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

• 10 Representations and Warranties

  You represent and warrant that:

  • 10.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.

  • 10.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.

• 11 Limitations of Liability

  WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL DEVIT.SOFTWARE CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

• 12 Indemnification

  You hereby agree to indemnify and hold harmless DevIT.Software and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as 'Losses') insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary rights of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site or your business.

• 13 Confidentiality

  All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement, which is marked 'Confidential,' will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

• 14 Governing Law and Jurisdiction

  This Agreement shall be governed by the laws of Ukraine. “DEVIT SOFTWARE” LLC and you both agree to submit to the nonexclusive jurisdiction of the courts of Ukraine which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in Ukraine, or in the EU country in which you reside.

• 15 Miscellaneous

  • 15.1. You agree that you are an independent contractor and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and DevIT.Software. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website or any other of your websites or otherwise, that reasonably would contradict anything in this Section.

  • 15.2. You may not assign your rights or obligations under this Agreement to any party, except with prior notice to us and our consent.

  • 15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Delaware without regard to the conflicts of laws and principles thereof.

  • 15.4. This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.

  • 15.5. The headings and titles contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

  • 15.6. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

  Mandatory features to follow

  For Youtube:

  • The video must be optimised according to Youtube SEO requirements, as keywords relevant to our product in the video description and hashtags with our product and time codes in the video description are a must.

  • Use relevant materials only provided by our team and do not change/update our brand identity.

  • Do not include affiliate links to third-party vendors.

  • Set a specific deadline date if the topic is time-sensitive (e.g. new macOS release, Black Friday offers, etc.)

  • Ensure that the video content aligns with the brand's values and messaging.

  • Include a clear call-to-action in the video, encouraging viewers to take a specific action.

  • Avoid making false or misleading claims about the product or service being promoted.

  • Ensure that the video meets all legal and ethical standards for advertising and marketing.

  • Use high-quality production values, including clear audio and video, to maximise the impact of the video.

  • Avoid using copyrighted materials without obtaining proper permission or licensing.

  • Use social media and other online platforms to promote the video and reach a wider audience.

  For content websites:

  • The article must contain at least one affiliate tracking link.

  • We require a partner to build high-quality backlinks on the article from authoritative websites and update them regularly - delete artificial, forced, or irrelevant backlinks.

  • The article must be indexed in Google search.

  • Use keywords for content creation relevant to the topic.

  • You are not allowed to promote other products in reviews dedicated to our product, including advertising promo materials of our competitors.

  • Long-tail keywords should be utilised with relevance to the article's topic.

  • The article should be at least 1,000 words in length to ensure comprehensive coverage of the topic.

  • The content should be unique, informative, and engaging, with a focus on providing value to the reader.

  • The article should be well-structured, with appropriate headings and subheadings, making it easy for readers to navigate and absorb the information.

  • All affiliate links should be disclosed according to FTC guidelines, maintaining transparency with an audience.

  • High-quality visuals, such as images or videos, should be included in the article to enhance the reader's experience.

  • The article should be updated regularly to ensure that the information remains accurate and relevant.