Effective Date: 28/08/2024
This Agreement sets forth the terms and conditions of the Expin Affiliate Program (the "Program") and governs the relationship between Expin FZ LLC ("Expin," "we," "us," or "our") and you, the Affiliate ("Affiliate," "you," or "your"). By applying to or participating in the Program, you agree to be bound by these Terms of Service (the "Agreement").
2.1. "Affiliate" means an individual or entity approved by Expin to promote Merchant products or services through the Program.
2.2. "Merchant" means any corporate entity whose Experiences can be Booked via the Mobile Application or Web Interface, as defined in Expin's Merchant Terms of Use.
2.3. "Advertiser" means a Merchant who has an active affiliate campaign on Expin and uses Affiliates to market its products/services.
2.4. "Commission" means the payment made to an Affiliate for valid transactions (sales, leads, clicks) as defined by the Program Terms.
2.5. "Program Terms" means specific terms set by each Merchant, including commission rates, payment conditions, and promotional guidelines.
2.6. "Tracking Code" means a unique code or software provided by Expin to track affiliate-driven activities such as clicks, sales, and leads.
2.7. "User Data" means information collected from users who interact with Affiliate links, subject to data privacy regulations.
2.8. "Experience" means services provided by the Merchant as described within the experience details during the time of experience creation, as outlined in Expin's Merchant Terms of Use.
2.9. "Booking" means the act of reserving a Merchant's Experience via the Mobile Application by the Influencer.
3.1. Eligibility: Only individuals or entities legally permitted to enter into contracts and conduct business are eligible to apply. Affiliates must comply with all local and international laws.
3.2. Application Process: Affiliates must complete an application providing accurate and complete information. Acceptance is at Expin's sole discretion and may require verification.
3.3. Non-Exclusivity: This Agreement is non-exclusive. Affiliates may participate in other affiliate programs, and Expin may work with other affiliates.
4.1. Compliance: Affiliates must adhere to all applicable laws, including data protection regulations, advertising standards, and Expin's guidelines.
4.2. Content Guidelines: Affiliates are responsible for ensuring that all content used in promoting Merchants complies with the Merchant's Program Terms and does not violate intellectual property rights.
4.3. Disclosure: Affiliates must clearly disclose their affiliate relationship in all promotional content, adhering to regulations such as the FTC's endorsement guidelines.
4.4. Prohibited Activities: Affiliates must not engage in activities like fraudulent clicks, cookie stuffing, misleading advertising, or any form of spam. Violations will result in immediate termination.
4.5. Data Security: Affiliates must implement and maintain industry-standard security measures to protect User Data collected through their promotional activities.
4.6. Reporting and Record-Keeping: Affiliates shall maintain accurate records of their promotional activities for a period of at least two years and shall provide such records to Expin upon request.
4.7. Shopify Integration: Affiliates who use Shopify integration must maintain this integration throughout their participation in the Program. Removal or disabling of the Shopify integration without prior written consent from Expin may result in suspension of service.
5.1. Program Terms: Merchants have the right to set specific terms for their affiliate programs, including commission rates, promotional guidelines, and restrictions on promotional methods.
5.2. Approval and Rejection: Merchants reserve the right to approve or reject Affiliate applications to their program and can remove Affiliates at their discretion.
5.3. Content Use: Merchants may provide specific content (logos, banners, text) for Affiliates to use. Affiliates must use only approved content and adhere to the Merchant's branding guidelines.
5.4. Audit Rights: Expin reserves the right to review and monitor Affiliate activities to ensure compliance with Program Terms and applicable laws. Affiliates shall cooperate fully with any such review or audit.
5.5. Validation and Approval: Merchants have the right to validate and approve or deny transactions generated by Affiliates, such as sales or leads, within a specified validation period.
6.1. Commission Structure: Affiliates will earn commissions based on valid transactions (sales, leads, clicks) as outlined in each Merchant's Program Terms.
6.2. Payment Schedule: Payments are made bi-monthly via Bank Transfer every first Thursday and third Thursday of the month, subject to reaching a minimum payout threshold of 367 AED (equivalent to 100 USD).
6.3. Validation Period: Merchants have 14 days to validate transactions. Approved transactions will be eligible for commission payments; denied transactions will not.
6.4. Payment Processing: Payments will be processed by Expin based on the validated transactions and in accordance with the agreed payment schedule.
6.5. Currency and Taxes: All payments will be made in AED. The minimum payout threshold will be calculated in AED, based on the equivalent value of 100 USD at the prevailing exchange rate on the date of payment. Affiliates are responsible for any taxes applicable to their earnings under local laws.
6.6. Disputes Over Payment: Any disputes regarding payments must be submitted in writing within 14 days of the payment date. Failure to do so will result in the forfeiture of any claims.
6.7.1. Base Commission Rate: The base commission rate for affiliates is 15% of the qualifying transaction value.
6.7.2. Base Discount Value: Users referred by affiliates will receive a base discount of 15% on their first purchase.
6.7.3. Returning User Discount Structure: For returning users, the discount percentage will be reduced by 5% from the second use onwards. For example:
6.7.4. Commission Calculation: Affiliate commissions will be calculated based on the final transaction value after the applicable user discount has been applied.
6.7.5. Discount Code Tracking: Expin will track the usage of discount codes to ensure proper application of the discount structure and accurate commission calculations.
6.7.6. Modifications: Expin reserves the right to modify the base commission rate, base discount value, and returning user discount structure with 30 days' notice to affiliates.
7.1. Platform Access: Expin provides Affiliates with access to the platform to view performance metrics, manage promotions, and access resources provided by Merchants.
7.2. Support: Expin offers support to Affiliates for technical issues related to tracking codes, payments, and other platform functionalities.
7.3. Right to Amend Terms: Expin reserves the right to modify these terms or the platform's features at any time. Affiliates will be notified of significant changes.
7.4. Monitoring and Compliance: Expin monitors affiliate activities for compliance with these Terms of Service and reserves the right to suspend or terminate Affiliates found in violation.
7.5. Data Handling: Expin will handle all User Data in accordance with applicable data protection laws and its privacy policy.
8.1. Data Collection: Affiliates must collect and process User Data in compliance with applicable data protection laws and Expin's privacy policy.
8.2. Data Use: User Data collected through affiliate activities may only be used for the purpose of tracking and reporting performance to Expin and Merchants.
8.3. Security Measures: Affiliates must implement security measures to protect User Data from unauthorized access, disclosure, or misuse. Any data breach must be reported to Expin immediately.
8.4. GDPR Compliance: Affiliates must ensure that all data processing activities are compliant with the General Data Protection Regulation (GDPR) and other relevant data protection laws. Expin acts as a data processor on behalf of the Advertiser, who is the data controller.
9.1. License to Use: Affiliates are granted a non-exclusive, revocable license to use Expin's and Merchant's intellectual property (e.g., trademarks, logos) strictly for promotional purposes under the affiliate program.
9.2. Restrictions: Affiliates must not modify, adapt, or create derivative works from any intellectual property provided by Expin or Merchants without express permission.
9.3. Termination of License: Upon termination of this agreement, Affiliates must cease all use of Expin's and Merchant's intellectual property and delete or return any materials containing such property.
10.1. Confidential Information: Affiliates agree to keep confidential any non-public information disclosed by Expin or Merchants in the course of the Program, including but not limited to business plans, financial information, and technical data.
10.2. Non-Disclosure: Affiliates shall not disclose such confidential information to any third party without the prior written consent of Expin or the relevant Merchant.
10.3. Survival: The obligations of confidentiality shall survive the termination of this Agreement for a period of five years.
11.1. Termination by Either Party: Either party may terminate this agreement with 30 days' written notice.
11.2. Immediate Termination: Expin may terminate this Agreement immediately and without notice if the Affiliate breaches any material term of this Agreement or engages in fraudulent or illegal activities.
11.3. Effect of Termination: Upon termination, Affiliates will lose access to the platform, and any pending commissions may be forfeited. Affiliates must cease using any intellectual property or content provided by Expin or Merchants.
11.4. Suspension: Expin reserves the right to suspend an Affiliate's account for investigation if suspicious activities are detected. Affiliates will be notified of the suspension and any corrective actions required.
11.5. Shopify Integration Removal: If an Affiliate removes or disables the Shopify integration without prior written consent from Expin, we reserve the right to suspend service immediately. In such cases, no refunds will be provided for any prepaid fees or commissions.
12.1. Limitation of Liability: Expin's liability to Affiliates is limited to the amount of commissions paid in the 12 months preceding the claim, or $1,000, whichever is lower.
12.2. Indemnification by Affiliate: Affiliates agree to indemnify and hold harmless Expin and Merchants from any claims, damages, or losses arising from their breach of these terms, illegal activities, or misuse of the platform.
12.3. Indemnification by Expin: Expin agrees to indemnify Affiliates for any claims arising from its own breach of these terms or violations of applicable laws.
12.4. Non-Circumvention: Affiliates agree not to circumvent Expin's relationships with its Merchants or engage in any activities that would undermine Expin's business.
13.1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (DIFC).
13.2. Dispute Resolution: Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of the Dubai International Financial Centre (DIFC).
13.3. Mediation: Before resorting to formal dispute resolution, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of not less than 30 days following written notification of such dispute.
14.1. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.
14.2. Amendments: Expin reserves the right to amend these Terms of Service at any time. Affiliates will be notified of significant changes via email or through the platform. Affiliates' continued use of the platform following any changes constitutes acceptance of the new terms.
14.3. Assignment: Affiliates may not assign or transfer their rights under this agreement without Expin's written consent. Any attempted assignment without such consent will be null and void.
14.4. Force Majeure: Neither party will be liable for any failure to perform its obligations under this agreement if such failure results from circumstances beyond its reasonable control.
14.5. Severability: If any provision of these terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
14.6. Waiver: No waiver of any breach or default under this agreement shall be deemed a waiver of any preceding or subsequent breach or default.
14.7. Notices: Any notices required or permitted under this agreement must be in writing and delivered via email to the contact information provided by each party.
14.8. Independent Contractors: The relationship between Expin, Affiliates, and Merchants is that of independent contractors. No joint venture, partnership, or employment relationship is created by these terms.
For any questions or support needs regarding these Terms of Service, please contact Expin at:
Expin FZ LLC In5 Tech, Dubai Media City Dubai – UAE
Email: info@expin.com
By participating in the Expin Affiliate Program, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
