ShoutCheap.com (“Website”) is owned, managed and operated by liste2myradio (“Company” or “We” or “Us” or “Our). By signing up for ShoutCheap.com Affiliate Program (“Program”), you acknowledge that you have read, understood and agree to the terms contained in this Affiliates Agreement (“Agreement”).
This Agreement shall be read in conjunction with, and in addition to, our Terms of Service Agreement and in case of any conflict between the two, the provisions contained herein shall prevail to the extent they govern your relationship with the Website.
Modifications to the Agreement
We reserve the right to change this Agreement at any time and from time to time without any notice to anyone. All such modifications shall come into effect as and when posted on this page. Your continued use of the Program after such changes constitutes your implied consent to such changes. We advise you to remain updated on the latest Agreement by visiting this page frequently.
Consequence of Violation of this Agreement
Your use of this Program is solely at your own sole risk. Any violation of any of the provisions contained hereunder shall empower us to terminate your Affiliate Account, besides forfeiture of any outstanding referral fee earned during the violation period, in addition to claiming refund of referral fee already paid.
You must satisfy the following eligibility conditions before joining this Program:
1. You must be at least eighteen (18) years of age at the time of signing up;
2. You must provide your full name, a valid email address, and any other information requested in order to complete the sign up process;
3. You must not share your login details with anyone and your account may be used by only one person. You assume full responsibility and liability for all activities under your account;
4. You must not use the Program for any illegal or unauthorized purpose or in a manner that violates any applicable law(s);
5. You must have a valid PayPal account in order to receive referral fees / commissions.
6. You must send us an invoice requesting the payout.
7. You must have the ability or resources to create an invoice.
Upon joining the Program, you will be assigned a unique Affiliate Code, which can be used to place links, banners, or other graphics provided by the Company:
(i) on your website;
(ii) in your emails; or
(iii) in other communications.
A The Company shall set a special Affiliate cookie on your computer system, which will expire after thirty (30) days, for tracking and reporting your affiliate activity. We shall not be liable for:
(a) failure of your computer system to accept the Affiliate cookie due to any reason whatsoever, including without limitation, a firewall or anti-virus program blocking the cookie; or
(b) deletion of Affiliate cookie from your computer system for any reason whatsoever.
We disclaim any liability on account of any loss of fees as a result of non-acceptance or deletion of the Affiliate cookie.
Further, the special links must point to the landing page on the Website. Therefore, any deep links or links to other pages of the Website will not earn any credit.
The special links shall not be used in any manner, which results in loss – financial, goodwill or otherwise – to the Company, including without limitation, misleading or false representations, spam and other means of unethical advertising.
Referral Fees / Commission
1. You will earn an affiliate referral fee of twenty percent (5%) for completed sales, through your special link(s), of Shoutcast or Icecast packages offered by the Website.
2. The referral fees / commission becomes due at the end of each month provided that the commission owed is more than US $50. However, there shall be a Commission Delay of twenty one (21) days to enable us to verify the genuineness of the referral fee earned by you. Once approved, the referral fee shall be paid to your PayPal account within thirty (30) days of the approved payout. However, we reserve the right to question any amount that appears suspicious to us. We further reserve the right to change the referral fee at any time in our sole discretion. However, all such changes shall be notified to the affiliates fifteen (15) days prior to any change. For more on referral fee / commission, please visit our Affiliates page on the Website.
3. You shall have the option to move your approved payout, within thirty (30) days of such approval, to your credit balance to be used for your own orders on the Website or the service payments made to the Company.
4. We pay referral fees / commission only through PayPal. Requests for payment through any other mode shall not be entertained. However, all such payouts shall be preceded by the receipt of an invoice with exact amount requested for payout.
5. Any and all applicable taxes on the payouts you receive shall be borne by you.
6. You shall be eligible to earn referral fee or commission only if the customer clicks-through the special link from your website, email, or other communications to our landing page and order any of the aforementioned packages Further, in the event the customer leaves the Website, comes back later on their own, and then order a package, you will not be eligible to earn referral fee.
7. In case the customer’s purchase was refunded, we reserve the right to withhold any referral commission payments resulting from such refunded purchases.
8. If, at any time, the commissions owed to you become less than the total deductions due to refunds as mentioned above, the difference shall be immediately payable to the Company.
9. All the commissions are paid strictly on the basis of links that are automatically tracked and reported by our systems. We shall not pay any commission merely on assertion from the affiliate unless that assertion is verified by our tracking and reporting system.
10. We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or dubious marketing methods.
11. We disclaim any liability on account of payment of referral commission to an affiliate if the details we hold for that affiliate are not accurate. It shall be the affiliate’s responsibility to ensure that we are notified of any change in their details including, without limitation, email or postal address.
General Rules & Regulations
1. Customers you bring in through this Program shall be deemed to be the customers of the Company and accordingly, all our applicable rules, policies, and operating procedures concerning the sale of packages and provision of services shall apply to such customers.
2. Except as provided and permitted herein, you agree not to issue any press release or any public declaration on any online or offline medium whatsoever with respect to this Agreement or your participation in this Program or your association with the Website as an affiliate. Such action gives us the right to terminate your account from the Program.
3. You may not purchase the products through your own affiliate links for any use whatsoever. Such purchases give us the right to withhold the referral fees and / or terminate your account from the Program.
4. You agree that while you are a Program participant, you will comply with all the laws, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that you will comply with all the applicable laws that govern marketing email.
5. We grant you a non-exclusive, non-transferable, non-sub-licensable, revocable license to use our logos and text for which we communicate our express permission, solely for the purpose of identifying your website as a Program participant. You agree that you will not engage, participate or otherwise become involved in any activity or action that diminishes and / or tarnishes the reputation of the Company or the Website.
6. You shall be solely responsible for the development, operation, maintenance, legal compliance of your website and for all content, including the display of special links that appears on your website.
7. The information provided by us may be proprietary in nature. You acknowledge that you are not a competitor of the Company, and agree not to share this information with any of our competitors. Any violation of this provision gives us the right to terminate your account from the Program.
8. You shall be an independent contractor for the Company, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and the Company.
You agree to indemnify, defend and hold us harmless from all claims, damages, and expenses including, without limitation, legal fees, relating to the development, operation, maintenance, and contents of your website as well as any goods or services provided or made available by you. These obligations will survive any termination of this Agreement.
Term & Termination
This Agreement commences upon our acceptance of your application and shall end as and when terminated by either party in accordance with the provision(s) contained herein.
Either you or the Company may terminate this Agreement at any time, with or without any cause. You may terminate this Agreement by managing your account and opting to cancel this Agreement. The Company may terminate this Agreement by giving you written or email notice of termination. Your claim for referral fees / commission holds good only for the transactions made during the term of this Agreement. We reserve the right to withhold your full and final payment in order to ensure that the correct amount is paid.
In addition to the violation of any provision contained herein, we also reserve the right to unilaterally end the status of your website as an affiliate if we determine, at our sole discretion, at any time after acceptance, that your website is not suitable for the Program.
Limitation of Liability
We will not be liable for any indirect, special or consequential damages (or loss of revenue, profits or data) arising in connection with this Agreement or our Affiliate Program, even if We have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and our Affiliate Program will not exceed the total Affiliate Referral Fees paid or payable to you under this Agreement.
1. We make no express or implied warranties or representations with respect to the Program or any products and/or services sold through the Program including, without limitation, warranties of fitness, merchantability, non infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage.
2. We make no representation that the operation of the Website will be uninterrupted or error-free, and therefore, we shall not be liable for the consequences of any interruptions or errors.
This Agreement shall be governed by the laws applicable in United States Of America, without giving effect to provisions relating to the conflict of laws. You undertake and warrant not to initiate any class action, for any reason, against the Company; and to claim your damages only in accordance with the provisions contained herein.
Our failure to enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is declared void, such provision shall be deemed severable from this Agreement and does not affect the validity and enforceability of the remaining provisions.