Affiliate User AgreementAgreement effective: January 15, 2014
Last Revised: January 15, 2014
iGlobal Surveys is owned and opperated by One A Day Giveaways, LLC (The “Company”) which owns and maintains www.iglobalsurveys.com (The “Website”). Participation in The Company's Affiliate/Refer-A-Friend Program (The “Program”) is subject to the terms and conditions set forth in this Affiliate User Agreement which is an agreement between The Company and The Affiliate (collectively known as The “Parties”). Please review this Affiliate User Agreement to make sure that you (The “Affiliate”) understand the terms and conditions of your use and membership on The Website. If you have questions about this Affiliate User Agreement, please review our Frequently Asked Questions (FAQs). For additional questions, feel free to Contact Us.
By agreeing to these terms and conditions, you as an Affiliate will have the opportunity to refer people (The “Referrals”) to join The Website to participate in survey opportunities and other reward opportunities. The Referrals are subject to a User Agreement. A person you refer through The Website using your correct Affiliate link known will be know as your Referral (collectively “Referrals”). For every survey your Referrals complete, you will earn a set Commission. The minimum Commision per survey complete will be determined on your Affiliate join page, but can negotiated if both The Affiliate and The Company agree.
Participation in The Company’s Affiliate/Refer-A-Friend Program is voluntary. If you (the “Affiliate”) do not agree with any of these Terms or Conditions, please do not use The Program. We, The Company, reserves the right to modify, change, add or remove portions of this Affiliate User Agreement at any time and at our sole discretion. Continued use on The Program, after changes or modifications to any terms, constitutes acceptance of the revised terms and conditions defined in this Affiliate User Agreement.
Use of Web Pages
The Company reserves the right to change, modify, or eliminate, and/or restrict or block access to, all or any part of The Website, without notice, at any time and from time-to-time. The Affiliate agrees that the The Company makes no guarantee to the availability or access to The Website and its service(s). The Affiliate may use The Website only when available.
In exchange for The Affiliate’s display of the Promotional Materials, and for The Affiliate’s compliance with and performance of the terms and conditions of this Agreement, The Company shall pay to The Affiliate a commission (“Commission”) per complete from Referrals which complete surveys through The Site. For The Affiliate to be paid per complete, The Referral must have joined The Website through a link on The Affiliate’s website or Promotional Materials that contains the right tracking information. The current payment per complete is stated in the logged in referral section of the Website. This payment is subject to change for future member joins by The Company at any time. Notification to The Affiliate of any change in commission amount will be given by Company at the email address on hand for the Affiliate. Commission will be based on completes made by a Referral for any new and recurring completes for the life of the registered Referral.
The Company shall keep accurate and up-to-date records of the data used to determine the total amount of Commissions owed to The Affiliate. The Affiliate shall be given reasonable access to these records upon request. Any discrepancy between the amount of Commissions owed according to these records, and the actual amount of Commissions paid to The Affiliate in any period(s) shall be rectified by The Company within 14 days of discovering such discrepancy.
The Website offers survey opportunities for The Referrals to answer questions and voice their opinions on a variety of topics. The Company does not guarantee that The Referrals will qualify to respond to surveys and earn rewards. The Company is not liable in any way if The Referral is unable to participate in The Website’s Rewards Program. The Company is not responsible to Affiliates for damages or losses that result from Referrals participating or inability to participate in The Website’s Rewards Program, or reliance on or use of information, services, or merchandise provided on or through The Website.
The Website’s Rewards Program includes entries into sweepstakes, instant win chances, and earning Commissions from their Referrals. The Affiliate may view their current point totals by logging into their account on The Website. Although The Company will make every effort to ensure The Affiliate’s account is credited correctly, it is The Affiliate’s responsibility to verify points have been credited properly. If The Affiliate feels their account balance is not correct, they should notify The Company about any discrepancies.
The Affiliate agrees that this is not a guaranteed source of income.
Reward (Point) Value
Points earned on The Website may only be redeemed or spent as The Website authorizes. Points are currently redeemable for a value of 100 points to one US dollar (100 points = $1.00). The Company reserves the right to modify or change this value at any time without notice. Points are not transferable nor are they considered to be property and therefore cannot be sold, transferred, or assigned to another Affiliate or individual under any circumstances.
Membership on The Website is specific to The Affiliate who registered and completed the signup information. Rewards or incentives are awarded to The Affiliate and are not transferable. Points are not considered to be property and therefore cannot be sold, bartered, transferred, or assigned to another member or individual under any circumstances. The Affiliate's account and points are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.
The Affiliate understands that The Company reserves the right to change the reward program at any time
The Affiliate agrees that The Website has reward redeeming limits. Reward redeeming limits will be displayed in the Redeem section of the membership area when logged in.
Points may be redeemed for various options at the sole discretion of The Company. The Affiliates must have earned the minimum number of points indicated, which varies according to the option. Payment is made to The Affiliate’s reward option when it is requested on The Site.
The Affiliate must have earned the minimum number of points indicated, which may vary. The Affiliate agrees to not use the same redemption accounts such as PayPal accounts as used by another Affiliate. If two Affiliate accounts use the same redemption accounts, the accounts will be considered duplicate accounts and will be considered for account termination.
If the redemption will put The Affiliate's total redemptions for the calendar year to $600 or more, The Company will require US residents to provide tax information, such as name and social security number, before the payment is processed. If a payment is requested, The Company will pay The Affiliate within 7 days of the first day of the next month (“Commission Payment Date”). The Affiliate agrees that once a redemption is made and The Company has paid the reward vendor, The Company is no longer liable for the funds.
Payment is made to The Affiliate’s redemption account when it is requested on The Site.
Checks are valid for 90 days after issue date. In the event that The Affiliate fails to deposit/cash a check issued by The Company within that time period, The Company may, at its sole discretion and upon an email notification to The Affiliate, void the issued check and restore the check amount to The Affiliate’s balance by way of points.
The Company can withhold posting any Commissions to The Affiliate’s account, for a period of 30 days from the date of any of the Referral completes. During the 30 days, The Company can detect any fraudulent completes. Any fraudulent completes will forfeit any and all Commissions for the Referral to The Affiliate. After the 30 days of a complete, The Affiliate can request to be paid for the referral.
In the event that The Affiliate materially breaches this Affiliate User Agreement and The Company terminates the Agreement, then any accrued and payable Commissions owed to The Affiliate shall be forfeited, and The Company shall not be obligated to pay such Commissions to The Affiliate.
The Affiliate agrees that The Company reserves the right to adjust The Affiliate's account reward balance with award reversals if The Affiliate fraudulently recruits Referrals that intentionally provide any information that is untrue, inaccurate, inconsistent, incomplete, or for items related to fraudulent activities. The Affiliate also agrees if there are problems due to accidental points awarded to The Affiliate those may be adjusted.
As long as The Affiliate is an active member of The Website and in good standing, The Affiliate’s points will not expire. Situations that may result in a revocation of points are actions that violate The Website’s Affiliate User Agreement. Active membership means The Affiliate has logged into The Website within the previous two years.
The Company shall make available to specific banner advertisements, button links, text links, and/or other graphic or textual material for display (“Promotional Material”) to The Affiliate for use on The Affiliate’s website. The Affiliate shall display the Promotional Materials on The Affiliate’s website prominently and as The Affiliate sees fit, provided that the manner of display shall be subject to the terms and conditions of this Affiliate User Agreement. The Affiliate shall also include a link from the Promotional Materials to The Company’s website, as specified by the Company.
Use of Promotional Materials
The Affiliate’s use and display of the Promotional Materials on The Affiliate’s site shall conform to the following terms, conditions and specifications:
- The Affiliate may not use any graphic, textual or other materials to promote The Company’s website, products or services other than the Promotional Materials, unless the Company agrees to such other materials in writing prior to their display.
- The Affiliate may only use the Promotional Materials for the purpose of promoting The Company’s website (and the products and services available thereon), and for linking to The Company’s website.
- The Affiliate will not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by The Company. If The Affiliate wishes to alter or otherwise modify the Promotional Materials, The Affiliate must obtain prior written consent from The Company for such alteration of modification.
- The Promotional Materials will be used to link only to The Company’s website, to the specific page and address as specified by The Company.
The Affiliate agrees they will not:
- Create more than one affiliate account;
- Defraud or attempt to defraud the Website through the Affiliate or also known as 'Refer-a-Friend' program;
- Provide referrals that are known to not be fraud (not real people);
- Make false or misleading claims about the Website or its affiliates for any reason (including without limitation false or misleading claims about incentives or language requirements made in an attempt to entice others to join the Site);
- Represent themselves as an agent of The Company or The Website or other Affiliates of The Company; nor
- Upload and/or post 'refer a friend' links to online classifieds sites (e.g. craigslist), or; otherwise transmit any unsolicited or unauthorized advertising (including the transmission of advertising materials purporting to be 'official' communications from the Website or its affiliates), "spamming", "pyramid schemes" or any other form of unlawful or unauthorized solicitation.
The Company may, at its sole discretion, immediately terminate this Agreement if and when it has determined that The Affiliate has violated any of this Agreement. The Company may retain data pertaining to: partial registrations, deactivated or unsubscribed member accounts and all associated website and survey activity for the purpose of protecting The Company and to prevent potentially fraudulent activity.
The Affiliate agrees that by joining The Website, they may receive newsletter emails that provide information on new features, contests, or general announcements. The Affiliate may opt out of receiving newsletters by clicking the unsubscribe button or link contained within the newsletter and following the instructions or prompts. The Affiliate may also opt out from newsletter emails in their account settings, if that option is provided.
The Company reserves the right to send The Affiliate messages from time to time, for which they may not be rewarded. Such messages may include, but are not limited to, system updates critical to their membership. Members cannot unsubscribe from these Administrative Messages while they are registered, unless they unsubscribe/opt out from The Website entirely.
The Company hereby grants to The Affiliate a nonexclusive, nontransferable license (“License”) to use the Promotional Materials as specified under the terms and conditions of this Affiliate User Agreement. The term of the License shall expire upon the expiration or termination of this Agreement.
Intellectual Property Rights
The Affiliate acknowledges that The Company’s content (including but not limited to text, sound, photographs, graphics, or other material contained in any The Company’s communication, advertisements, or messages, whether by the Company or the Company’s advertisers or partners), service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws; therefore, The Affiliate is only permitted to use content, service, or software as expressly authorized by The Company, its advertisers and partners, as the case may be.
The content of The Website is intended for the personal, noncommercial use of its Referrals and Affiliates, and The Affiliate agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content, including the Company’s intellectual property.
The Affiliate agrees not to forward any of the Company’s offers or promotions to others without first obtaining written permission from The Company; the Company’s offers are specific to The Affiliate’s membership unless otherwise stated.
Relationship of Parties
This Affiliate User Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between The Company and The Affiliate. The Affiliate shall provide services for The Company as an independent contractor. The Affiliate shall have no authority to bind The Company into any agreement, nor shall The Affiliate be considered to be an agent of The Company in any respect.
Affiliate’s Representations and Warranties
The Affiliate represents and warrants the following:
- The Affiliate has the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth in this Agreement.
- The Affiliate’s website does not contain any materials that are:
- Sexually explicit, obscene, or pornographic;
- Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
- Graphically violent, including any violent video game images; or
- Solicitous of any unlawful behavior
- The Affiliate has obtained any necessary clearances, licenses, or other permission for any intellectual property used on The Affiliate’s website. Nothing on The Affiliate’s website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor does The Affiliate have any reason to believe that any person or entity will bring or threaten such a claim in the future.
- The Affiliate will not use the Promotional Materials in any manner other than those set forth in this Agreement.
- The Affiliate will not make any claim to ownership of the Promotional Materials, or of the copyright, trademark, or other intellectual property therein.
- The Affiliate will not publish or otherwise distribute any advertising materials for The Affiliate’s website that reference The Company or The Company’s website unless The Company gives prior written consent to the distribution of such materials. The Affiliate will not use The Company’s name (or any name that is confusingly similar to The Company’s name) for any purpose on its website, in its promotional materials, or in any other context except to promote The Company’s website as specified in this Agreement. The Affiliate will not register any domain name that incorporates The Company’s name, or that is confusingly similar to The Company’s name.
- The Affiliate will not engage in the distribution of any unsolicited bulk emails (spam) in any way mentioning or referencing The Company or The Website.
- The Affiliate will not use bots or other automated technology to fraudulently complete surveys for the intent of completing surveys for payment. All joins and completes to the best knowledge of The Affiliate will be from legitimate members.
- The Affiliate will not contact anyone illegally or use any services that do so.
Solicitation of Referrals
The Company agrees not to solicit any of The Affiliate’s Referrals to become members of Panels outside of the Companies Panels.
The Affiliate shall indemnify The Company and hold harmless The Company from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of The Affiliate’s warranties set forth in this Agreement. The Affiliate shall also indemnify and hold harmless The Company for any damage, loss or other cost arising out of the use or misuse by The Affiliate of the Promotional Materials.
Any information that The Affiliate is exposed to by virtue of its relationship with The Company under this Agreement, which information is not available to the general public, shall be considered to be “Confidential Company Information.” The Affiliate may not disclose any Confidential Company Information to any person or entity, except where compelled by law, unless The Affiliate obtains prior written consent for such disclosure from The Company.
Term and Termination
This Agreement shall take effect immediately, and shall remain in full force and effect indefinitely, or until terminated pursuant. Either Party shall have the right to terminate this Agreement at any time and for any cause. The terminating Party must give written notice to the other Party at least 30 days prior to the intended date of termination.
If The Affiliate fails to cure any breach of any material provision of this Agreement within ten (10) days after written notice thereof from The Company, The Company shall be entitled to terminate this Agreement immediately by written notice. In addition, The Company shall be entitled to terminate this Agreement, upon thirty (30) days written notice, if the Affiliate is declared bankrupt, enters into composition or corporate reorganization proceedings or liquidation or can otherwise be assumed to have become insolvent.
If The Company terminates The Agreement, all of The Referrals will stay as members of The Website, until they willingly choose to unsubscribe from The Website or they are removed as Affiliates due to inactivity or fraudulent behavior. The Affiliate will no longer be allowed to refer other Referrals to The Website, but can still collect the Commissions for past Referrals.
The Company shall not be responsible for any taxes owed by the Affiliate arising out of The Affiliate’s relationship with The Company as set forth in this Agreement. The Company shall not withhold any taxes from the Commissions paid to The Affiliate.
The Company shall provide The Affiliate, free of charge, by phone or e-mail, technical support for The Company’s Affiliate/Refer-A-Friend Program. Such support shall be available to a commercially reasonable extent.
Disclaimer of Warranty
The Affiliate agree to use of The Website and it’s Referral Program is at their own risk. The Company’s services including the Referral Program, and all other services in connection with The Website are provided on a strictly "as is" and "as available" basis. The Company disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The Company makes no warranty with regard to any products, services or payments and/or The Company's agents that payments will meet The Affiliate’s requirements, or that payments will be timely, error-free, or uninterrupted. The Company shall not be liable or responsible for any guarantees, warranties, and representations, if any, offered by The Companies partners, advertisers, suppliers of services, or manufacturers of products/merchandise. No advice or information, whether oral or written, obtained by The Affilate from the Company or through any of its Website(s) shall constitute or create any warranty not expressly made herein.
Any employee of The Company, or an immediate family member of an employee of The Company, is not eligible to participate in The Website’s surveys or Referral Program.
No Vested Rights
Earning and accruing money does not entitle The Affiliate to any vested rights with respect to any rewards or other benefits as an Affiliate of The Website or The Company managing The Website.
Any services provided to The Affiliate by The Company are as independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this agreement. The Affiliate agrees that any incentives earned constitute the entirety of compensation arising out of this relationship.
Limitation of Liability
The Company shall not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether The Company was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement.
If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
Laws and Arbitration
This Agreement is governed by the laws of the State of Utah, except for it’s choice of law provisions, and the laws of the United States. The Parties consent to jurisdiction and venue in the courts of Utah County, State of Utah or the United States Federal District Court located in Salt Lake City, Utah. The Parties further agree not to disturb such choice of forum, and if not resident in Utah, waive the personal service of any and all process upon them, and consent such service of process may be made by certified or registered mail, return receipt requested, addressed to the Parties as set forth herein.
Any controversy or dispute arising out of or relating to these Terms and Conditions or the subject matter hereof which the Parties are unable to resolve within thirty (30) business days after written notice by one party to the other party of the existence of such controversy or dispute shall be submitted to binding arbitration. The matter shall be finally settled by arbitration conducted in accordance with the commercial arbitration rules and procedures of the American Arbitration Association. Any such arbitration shall be done on an individual basis and shall not be consolidated with any other party. The arbitration shall take place in Utah County, Utah. The decision by the arbitrators shall be binding and conclusive upon the Parties, their successors and assigns, and the Parties shall comply with such decision in good faith. The Parties hereby submit themselves to the jurisdiction of the state and federal courts within the State of Utah for the entry of judgment with respect to the decision of any arbitration hereunder. Judgment upon the award may be entered in any state or federal court within the State of Utah and/or any other court having competent jurisdiction.
The Affiliate and The Company agree that any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party.
This Agreement constitutes the complete and exclusive understanding between The Company and The Affiliate relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
If any provision(s) of this Agreement is held by the arbitrators to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of The Parties with the other provisions remaining in full force and effect.
The Companies’ failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Company in writing.
All Notices from The Affiliate to The Company should be be correctly addressed to: One a Day Giveaways and be sufficiently mailed and delivered or correctly emailed to: 6805 W Desert Ln Laveen, AZ 85339.
All Notices from The Company to The Affiliate may be sent via the email address provided by The Affiliate or by posting notices on The Site. The Affiliate agrees to check their email and The Site for updates and notices.
All questions regarding this Affiliate User Agreement and all legal notices should be sent to:
6805 W Desert Ln
Laveen, AZ 85339
or via email through our contact page
The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.
This Agreement constitutes the entire agreement between The Company and The Affiliate, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
Acceptance of Affiliate User Agreement
This Affiliate User Agreement is subject to change, at any time, without prior notice. These terms may be changed at any time without prior notice from The Company. Any changes to these Terms will be posted in the area or location on The Website that The Company deems appropriate. The Company strongly recommends that The Affiliate checks The Website frequently for any changes.