These terms and conditions constitute a legally binding contract. Please read these terms and conditions carefully before participating in Smartproxy Affiliate Program.
Effective Date: February 7th, 2023
These Terms and Conditions (hereinafter - “Terms”) govern your (the “Affiliate Partner”) participation in the Smartproxy (hereinafter – “Smartproxy”, “we”, “our” or “us”) Affiliate Marketing Program (hereinafter - “Affiliate Program”).
By registering and joining our Affiliate Program, you confirm that you have read the Terms, that you accept them and agree to be legally bound by them. If you register to Affiliate Program on behalf of an organization, you agree to the Terms on behalf of that organization and warrant that you have the authorization and / or authority to agree to these Terms on such organization‘s behalf. You are advised to carefully read the Terms before registering to join the Affiliate Program. Smartproxy reserves the right to amend the Terms at any time. In case Smartproxy makes any material changes to the Terms, we will post their updated version on our website.
Smartproxy Affiliate Program is administered by our payment processing providers www.partnerize.com and www.impact.com (hereinafter - “Partnerize” and “Impact”). In order to join our Affiliate Program, you must create a Partnerize or Impact account, which you can do by filling out the forms provided in this link. After successfully registering with Partnerize or Impact through the provided links, you will be enrolled to our Affiliate Program and will be able to start earning commission fees for subscriptions to Smartproxy‘s services (hereinafter - “Subscription”) and customer’s wallet top ups brought by you. We retain the right to, at our sole discretion, review your application to the Affiliate Program, reject it, as well as terminate your existing Affiliate Program registration.
Joining our Affiliate Program enables you to earn commission fees for Subscriptions and Customers’ wallet top ups, subject to these Terms. After registering to our Affiliate Program, you will be provided with an affiliate link (hereinafter – “affiliate link”) to share at websites owned or controlled by you, in emails sent by you and in online advertisements. A user, entering Smartproxy website using your affiliate link will receive a browser cookie for a duration of 60 days. You will be eligible for commission fees for users subscribing to Smartproxy services while the user‘s cookie is still valid. If a user is not using cookies, the user deletes the cookie, the cookie expires, cannot be tracked or identified for any reason, you may not be eligible for a commission fee for any subscriptions made by such user.
We will not pay you a commission fee for any user entering Smartproxy website using your affiliate link, but paying for Smartproxy services via bitcoin or any other type of cryptocurrency. By joining our Affiliate Program you confirm your agreement with this commission fee limitation. All commission fees and their payouts are being managed and administered either by Partnerize or Impact and are subject to Partnerize’s and/or Impact’s rules on payouts. You can find more details on your rights as well as the conditions regarding payouts made by Partnerize or Impact by clicking on Partnerize’s or Impact’s website.
Under these Terms, you are:
Under these Terms, you are not allowed to:
Smartproxy will remunerate the Affiliate Partners for subscription to Smartproxy’s services and Customer’s wallet top-ups, however, the remuneration for each referred Customer shall not exceed $2500. Commission fees are not assigned and paid for transactions that were refunded, returned, or rejected. By joining our Affiliate Program, you confirm your agreement with these remuneration limitations.
These Terms apply for as long as the Affiliate participates in the Affiliate Program. Smartproxy may terminate Affiliate Partner’s participation in an Affiliate Program at any time without cause and without liability upon intimation to the Affiliate Partner.
Unless these Terms provide otherwise, information related to the Affiliate Program conditions, all business and financial information, pricing and sales information related to us or any of our affiliates is to be considered 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.
By registering for and joining the Affiliate Program, you are granted a non-exclusive, non-transferable, at all times revocable right to use the affiliate links and to access our website in accordance with these Terms and for the single purpose of your participation in the Affiliate Program. Nothing in these Terms is intended to grant you any rights to any of Smartproxy‘s trademarks, trade secrets, copyrights, patents or other intellectual property.
EXCEPT IF THESE TERMS PROVIDE OTHERWISE, THE AFFILIATE PROGRAM IS PROVIDED “AS IS”. NEITHER SMARTPROXY, NOR ANY OF ITS EMPLOYEES, OFFICERS, EXECUTIVES, LICENSORS, AGENTS, SHAREHOLDERS, SUBSIDIARIES OR AFFILIATES MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE AFFILIATE PROGRAM, WHICH IS USED ONLY AT YOUR SOLE RISK< TO THE FULLEST EXTENT PERMISSIBLE BY LAW. YOU PARTICIPATE IN THE AFFILIATE PROGRAM WITH THE KNOWLEDGE OF THIS WARRANTY LIMITATION. SMARTPROXY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE AFFILIATE PROGRAM, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SMARTPROXY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY IN RELATION TO YOUR PARTICIPATION IN THE AFFILIATE PROGRAM EITHER AUTHORIZED OR NOT.
BY REGISTERING AND PARTICIPATING IN THE AFFILIATE PROGRAM, YOU EXPRESSLY AGREE THAT NEITHER SMARTPROXY, NOR ITS EMPLOYEES, OFFICERS, EXECUTIVES, LICENSORS, AGENTS, SHAREHOLDERS, SUBSIDIARIES OR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES (EITHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), RESULTING FROM YOUR USE OF THE AFFILIATE PROGRAM OR ANY OTHER CLAIM RELATED IN ANY WAY TO THE AFFILIATE PROGRAM. REGARDLESS, THE TOTAL LIABILITY OF SMARTPROXY TO YOU SHALL NOT, IN ANY EVENT, EXCEED THE AMOUNT PAID TO YOU UNDER THESE TERMS.
All disputes and claims shall be resolved by negotiations. If negotiations fail to resolve the dispute or claim for 30 (thirty) days, such dispute or claim shall be finally resolved through the judicial procedure at the competent court of law.
These Terms shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
A. Injunctive relief. The Affiliate Partner agrees that Smartproxy shall be entitled to injunctive and other equitable relief in the event of, or to prevent, a breach of any provision or these Terms. Resort to such equitable relief, however, shall not be construed to be a waiver of any other rights or remedies that Smartproxy may otherwise have under law.
B. Non-solicitation. During the Term and one (1) year thereafter, Affiliate Partner shall not directly engage with a Smartproxy employee outside the scope of Affiliate Program or induce a Smartproxy employee to terminate their employment.
C. No-assignment. Except to its affiliates and/or within group companies, neither Smartproxy, nor Affilia partner shall assign any part of representative rights or obligations under these Terms without the prior written consent of the other Party, which consent shall not be unreasonably withheld. Subject to the foregoing restrictions, this Agreement will be fully binding upon, inure to the benefit of and be enforceable by the Parties and their respective successors and assigns.
D. Modifications. From time to time, Smartproxy may modify these Terms. Unless otherwise specified by Smartproxy changes become effective for Affiliate Partner after the updated version of these Terms goes into effect.
E. Relationship between Smartproxy and Affiliate Partner. Both Smartproxy and Affiliate Partner are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the Smartproxy and Affiliate Partner.
If you have any more questions regarding our Affiliate Program or the Terms, do not hesitate to contact us at [email protected]
These Terms of Service were last updated on February 7th, 2023