Affiliate Terms & Conditions
THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT APPLY TO AFFILIATE’S (“YOUR”) PARTICIPATION IN THE DATHAPPY AFFILIATION PROGRAM (THE “PROGRAM” OR “AFFILIATION PROGRAM”). CAREFULLY READ THESE TERMS AND CONDITIONS, WHICH REPRESENT A LEGALLY BINDING AGREEMENT BETWEEN DATHAPPY AND AFFILIATE (“YOU”). YOU MUST AGREE AND ACCEPT THE TERMS OF THIS AGREEMENT IN ORDER TO BECOME A DATHAPPY AFFILIATE.
BY CLICKING “I AGREE” BOX ON THE APPLICATION, YOU AGREE TO SIGN UP TO BE AN AFFILIATE IN THE AFFILIATION PROGRAM AND CERTIFY THAT (A) YOU HAVE READ THIS AGREEMENT AND UNDERSTAND ALL OF ITS CONTENT; AND (B) YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT.
Joining the Program
2.1 To begin the enrollment process, You shall submit a complete Affiliate Application. Once you complete an application to become an Affiliate, we will review your application within 10 business days and notify you whether you have been accepted to participate in the Affiliate Program, or not. Before we accept an application, we may want to review your application with you, so we may reach out to you for more information.
2.2 If you are accepted to participate in the Affiliate Program, then upon notification of acceptance, the terms and conditions of this Agreement shall apply in full force and effect, until terminated, pursuant to the terms set forth below.
2.3 Dathappy shall not be required to provide any explanation for its rejection of any prospective Affiliates.
3.1 To permit accurate tracking, reporting, and Referral Fee accrual, Dathappy will provide you with a specific referral code upon acceptance to the Affiliate Program. You must ensure that you provide this referral code to the prospective Affiliate Lead(s).
4.1 We will pay you Commission for each new Customer who signs a contract with us after using a referral code made available by you, provided that you remain eligible to receive Commission pursuant to the terms of this Agreement. You will receive a Commission payment for 10% of the total contract value defined in the contract with the Customer. You will receive Commission for the initial purchase only. You will not be entitled to receive Commission on any additional purchases made by that same Customer.
4.2 You will only be eligible for a Commission payment for any Customer Transactions that derived from Affiliate Code that we make available to you. An Affiliate Lead will be considered valid and accepted if, in our reasonable determination: (i) it is a new potential customer of ours, and (ii) is not, at the time of submission or sixty (60) days prior, one of our pre-existing customers, or involved in our active sales process. Notwithstanding the foregoing, we may choose not to accept an Affiliate Lead in our reasonable discretion. If an Affiliate Lead does not sign a contract with Dathappy within 120 days of their first email contact with us, you will not be eligible for a Commission payment, even if the Affiliate Lead decides to purchase after the time period has expired. An Affiliate Lead is not considered valid if it’s the first email contact with us is after this Agreement has expired or terminated. Once we have received the Affiliate Lead information, we may elect to engage with the prospect directly, regardless of whether or not the Affiliate Lead is valid. If an Affiliate Lead is not valid then we may choose to maintain it in our database and we may choose to engage with such Affiliate Lead.
4.3 In order to receive payment under this Agreement, you must have: (i) agreed to the terms of this Agreement; (ii) completed all information necessary to receive your Affiliate Code in accordance with our directions, (iii) have a valid bank account and you provided the account details to us (iv) completed any and all required tax documentation in order for Dathappy to process any payments that may be owed to you.
4.4 We will pay the full Commission amount due to you within thirty (30) days after the Customer initiated the first payment to us (sometimes we allow the Customers to pay instalments). The commission will be paid in Singapore Dollar, using the exchange rate that is applicable on the day of the transfer. The payment method will be determined by us. You are responsible for payment of all taxes applicable to the Commission.
5.5 Commission Amounts. Affiliate will earn a fixed 10% of the total contract value signed by the Customer. We reserve the right to alter or change the Commission percentage in the future but we will always inform Affiliates regarding the change in writing.
5.1 You may engage other entities as sub-affiliates for the purpose of referring customers or visitors of such sub-affiliates' websites to Dathappy.
5.2 You shall immediately inform Dathappy of any Sub Affiliate in case Dathappy requests such information.
5.3 You assume full and sole responsibility for the activities conducted by your Sub Affiliates. You shall require to be subject to the same restrictions placed on Affiliates. You shall regularly monitor the activities of your Sub Affiliates and shall verify they are in compliance with such provisions.
5.4 You shall be responsible for the payment of any fees, rewards and any other compensation to your Sub Affiliates. As Sub Affiliates are not registered Affiliates, Dathappy is not required to pay any amount or Referral Fees to the Sub Affiliate, even if such Sub Affiliate generates traffic or transactions to Dathappy.
5.5 If Dathappy requests you to cease engaging a Sub Affiliate as such, you shall immediately do so. Dathappy shall not be required to provide any explanation to such request.
6.1 Dathappy may disclose to you certain information as a result of your participation in the Program, which information we consider to be confidential (herein referred to as “Confidential Information”). For purposes of this Agreement, the term “Confidential Information” shall include, but not be limited to ((i) any modifications to the terms and provisions of the Program made specifically for you and not generally available to other affiliates of the Program; (ii) price guidelines, future service releases, trade secrets, know-how, inventions, processes, programs, schematics, data, pricing and discount schedules, customer lists, financial information and sales and marketing plans relating to Dathappy or Dathappy’s services. Confidential Information shall also include any information that Dathappy designates as confidential during the term of this Agreement. Confidential Information shall not include information which is: (a) previously known to the other party without obligation of confidence or without breach of this Agreement; (b) which is publicly disclosed (other than by you) either prior or subsequent to the your receipt of such information; (c) required to be disclosed by the other party by law or by the order of a court or similar judicial or administrative body.
7.1 You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) your participation in the Affiliate Program, (b) our use of the prospect data you provided us, (c) your noncompliance with or breach of this Agreement.
8.1 WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE DATHAPPY SERVICES, DATHAPPY CONTENT, THE AFFILIATE PROGRAM. TO THE EXTENT PERMITTED BY LAW, THE DATHAPPY SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE DATHAPPY SERVICES INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
8.2 IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO THE TOTAL COMMISSION AMOUNTS YOU HAVE ACTUALLY EARNED FOR THE RELATED CUSTOMER TRANSACTIONS IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.
8.3 TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
9.1 Dathappy may modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion by providing you fourteen (14) days prior notice of such modification. Notice of any change by e-mail, to your address as provided to Dathappy, or the posting on our Site of a change notice or a new agreement, is considered sufficient notice to you of a modification to the terms and conditions of this Agreement. Modifications may include but are not limited to, changes in the scope of available Affiliate Fees, payment procedures and schedules, and Affiliation Program rules.
9. 2 Notwithstanding the foregoing Section 9.1, the Affiliate Fees may be altered, modified or changed by Dathappy, from time to time, in its sole and absolute discretion, provided that Dathappy will notify you of such change of the Affiliate Fees. Affiliate Fees earned prior to such change will be paid according to the conditions in effect prior to such changes. Affiliate Fees earned after such change is in effect will be paid according to the new conditions of the amended Affiliate Fees Plan’s effective date at which the payment has been made.
10.1 Either party may terminate Affiliation Term as for its own participation in the Program at any time, with or without cause, by giving the other party a ten (10) days prior written notice of termination.
10.2 Effects of Termination. Termination of this Agreement shall not affect our obligation to pay you a Commission, so long as the related payment by the Customer Transaction is recognized by us within thirty (30) days after the date of such termination. We will not pay you fees on Customer Transactions recognized by us after thirty (30) days after the date of such termination set out above. Upon termination or expiration, an Affiliate Code is not considered valid, and we may choose to maintain it in our database and engage with such a prospect.
11.1 If any dispute arises in connection with the performance of this Agreement and cannot be amicably resolved, such dispute shall be solely and finally governed by and be construed according to the laws of Singapore, without regard to the conflict of laws provisions thereto. Any dispute arising under or in relation to this Agreement shall be exclusively resolved in the competent courts of Singapore.
11.2 Relationship of the Parties. Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.
11.3 YOU HAVE READ THIS AGREEMENT CAREFULLY AND UNDERSTAND IT, HAVE HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL AND ACCEPT THE OBLIGATIONS, WHICH IT IMPOSES UPON YOU WITHOUT RESERVATION. YOU HAVE ALSO TAKEN INTO ACCOUNT THE LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER PROVISIONS OF THIS AGREEMENT PRIOR TO ACCEPTING THIS AGREEMENT. NO PROMISES OR REPRESENTATIONS HAVE BEEN MADE TO YOU TO INDUCE YOU TO ACCEPT THIS AGREEMENT. YOU AGREE TO THE TERMS OF THIS AGREEMENT VOLUNTARILY AND FREELY.