Terms and Conditions of the BestEssays Affiliate Program
BestEssays Affiliate Program is a program for BestEssays's Customers. It is an award system for the Company's Customers who have solicited new Customers to place Orders with the Company due to their active engagement, provided that all terms and conditions of this Agreement have been followed.
As used in this Agreement, the following words and phrases shall have the following meanings:
a. Affiliate Program - is the arrangement between the Company and its Affiliates providing for an award system whenever a new Order is placed with the Company on account of the Affiliate.
b. Agreement - refers to this terms and conditions which governs the arrangement between the Company and its Affiliate.
c. Company - means the entity that owns the Bestessays.com providing for the award system to Affiliates.
d. Affiliate - refers to the participant of the Affiliate Program of the Company.
e. Customer - refers to the person who places an Order with the Company to obtain the Product according to his or her requirements and pays for that service.
f. Order - means an electronic request of a paid service from the Customer for a particular Product.
g. Product - is a document in an electronic format that is the final result of processing the Order.
h. Commission or Award - is the compensation given to Affiliates for their active efforts in obtaining other Customers who would place Orders with the Company.
i. Affiliate Account - means electronic record of all Orders assigned to the Affiliate, communication, payment details, and other matters required by the Company.
2. Qualified Participants of the Affiliate Program
Each existing Customer of Bestessays.com is qualified to participate in the Affiliate Program.
Having joined or availed of the Affiliate Program, a participant, hereinafter referred to as "Affiliate", agrees to faithfully abide by and comply with all the Terms and Conditions of this Agreement.
3. Conditions for Participation
The Affiliate shall use promo-materials provided by Bestessays.com in the corresponding Affiliate Account. Each of the provided promo-materials contains a unique Affiliate's Identifier (ID) that enables tracking Orders and paying Commissions.
Links to Bestessays.com's pages - Affiliate is encouraged to use links provided in the corresponding Affiliate panel to engage other Customers for Bestessays.com.
Advertising texts - Affiliate is encouraged to put advertising texts next to links and codes for greater effect and exposure.
Function of adding email - addresses to Bestessays.com's email database - Affiliate is encouraged to add any number of email addresses to the Company's email database. This will enable the Company to determine any duplication of email addresses and assign to Affiliate only those which were not previously included in its database. Affiliate may be able to check all email addresses assigned to him\her in the Affiliate panel.
Function of sending instant messages - Affiliate shall be able to send an advertising message to any email address directly from the Affiliate panel.
Individual Code - the usage of this code shall enable a new customer to get a twenty five percent (25%) discount on the first Order. Affiliate is encouraged to put this code in the network for distribution to third parties.
Commission rate shall be stated in the Affiliate panel. The Affiliate's statistics on the number of placed Orders as well as information on the amount of Commission can be found in the corresponding panel of the Affiliate's Account.
Affiliate shall be awarded for each Order assigned, provided the following conditions are satisfied: 1) There is a first Order made. A first Order is an Order received and paid by a Customer who has not previously availed of the services of Bestessays.com. Commissions shall not be credited for repeated Orders; 2) There had been no refunds. Even when a first Order is placed by a Customer who has not previously availed of the services of Bestessays.com, Commissions will not be awarded if the Order results in a refund; 3) The Order is not a duplicated Order from a Customer already listed in the Company's database; 4) The Order is not a fraudulent Order which means an Order that is fictitiously made by any electronic means. This includes, but not limited to Orders placed by a computer generated user, such as a robot, spider, computer script or other automated, artificial method to appear like an individual, real live person; or those using pre-populated fields; 5) The Order is made by a new Customer.
Should the Affiliate attempt to substitute data, duplicate Order and\or cheat on the Company; the Affiliate shall be excluded from the Affiliate program without being awarded Commissions.
6. Status of Commissions
Commissions shall be paid when an Order from a new Customer has been verified by the Company.
Pending commissions - Commission shall be in the "pending" status until the Company checks all Affiliate's "first Orders". A status "pending" shall mean that the Order has not been verified yet. It shall take at least one (1) week to verify the Order.
Approved commissions - These refer to Affiliate's Commissions to be paid for approved first Orders. This amount will be awarded to the Affiliate once a month.
Declined commissions - The Company shall check each order and decline all fraudulent Orders and those which do not meet the terms and conditions of this Agreement. If the commission has been placed in "decline" status, Affiliate shall not be awarded for that Order.
Reasons of Decline:
- Refunded Order
- The Customer is already listed in the Company's database.
- Affiliate was found to have committed any form of dishonesty with the Company. In such a case, this Agreement shall automatically be cancelled, and the Affiliate shall be banned from the Affiliate program and shall not be awarded Commissions for any Orders, unless the Company decides otherwise.
7. Commission Payout
Affiliate may select one of two (2) programs in Admin panel in the Payments section to get Commissions:
a. Store Credit Program - by selecting this program all Affiliate's approved commissions shall be transferred to the corresponding Affiliate's Account as Store Credit once a month. Store Credit Amount shall not exceed Affiliate's amount of Orders at Bestessays.com. If the amount of Store Credits exceed Affiliate's Order amount, the Affiliate's Commission shall automatically be transferred to the Cash Program.
b. Cash Program - by selecting this program Affiliate shall be credited for all approved commissions to the corresponding Affiliate's payment account once a month under the following conditions:
- Minimum amount for payment of Commission shall be $100.
- Affiliate shall provide valid payment information on the corresponding Affiliate's Admin panel. Bestessays.com or the Company shall not be responsible for payments that are made using the invalid data or wrong information provided by the Affiliate.
- Affiliate payments of Commission shall be made in U.S. dollars.
- If the fields for payment are not completely and correctly filled out, payment shall not be made until the necessary and correct information for payment is received by the Company.
- The Company reserves the right to charge back to the Affiliate any previously paid Commissions that are later determined to have not met the requirements of a valid and qualified Order as specified in this Agreement.
If the Affiliate has an outstanding balance due to Bestessays.com under this Agreement or any other agreement between the Affiliate and Bestessays.com, whether or not related to the Affiliate Program, Affiliate agrees that Bestessays.com may offset any such amounts due to Bestessays.com from amounts payable to Affiliate under this Agreement
8. Changes of a Payment Program
To change the payment program, the Affiliate must send a request to email@example.com or send a message with a subject "request to change the program" via contact form on the corresponding Admin panel.
Notwithstanding the other causes for termination as specified in this Agreement, an Affiliate's participation in the Affiliate Program may be terminated by the Company for any reason which it may deem appropriate with or without prior notice to the Affiliate and without being liable to the Affiliate for any damages whatsoever.
10. Miscellaneous Provisions
Entire Agreement - This Agreement contains the entire stipulations between the Affiliate and the Company, and no statements, promises, or inducements made by either party or agent of either party that are inconsistent herein shall be valid or binding, unless expressly authorized under this Agreement. This Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the Affiliate and the Company.
Severability - It is understood and agreed by the Affiliate that if any part, term, or provision of this Agreement is held by the courts to be illegal or in conflict with any law of the state where made, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the Affiliate shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid.
Law Governing - It is mutually understood and agreed that this Agreement shall be governed by the laws of the place where the Company holds its principal place of business, both as to interpretation and performance, or in any other place at the determination of the Company.
Place of Suit - Any action or other judicial proceeding for the enforcement of this Agreement or any of its provisions shall be instituted in the courts of competent jurisdiction in the place where the Company holds its principal place of business or in any other place at the determination of the Company.
Attorney's Fees - If suit is brought by the Company for the breach of any provision of this Agreement or in any manner connected to or arising out of the Agreement, the Affiliate agrees to pay all the costs in connection with suit, including reasonable attorney's fees, whether or not the suit proceeds to judgment.
11. Transitory Provision
The Company reserves the right to modify, amend, revise or otherwise change any and all provisions of this Agreement. The Affiliate expressly agrees to be bound by any subsequent modification, amendment, revision or changes as contemplated herein, by the continued use by the Affiliate of Bestessays.com's website. It shall be the obligation of the Affiliate to review this Agreement for changes from time to time. Realizing that the nature of the Affiliate Program is merely a privilege given by the Company, the Affiliate recognizes the Company's right to terminate the Affiliate's status for any reason at its sole and absolute discretion, including but not limited to the reasons set forth herein.