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Affiliate program terms of use

The following terms (the “Terms of Use​”), entered into by and between yourself (“​You​”,​ “Yourself​​’”, or the “​Affiliate​”) and Heatbit inc.(“​Heatbit​”), govern Affiliate’s participation in a marketing program that allows the Affiliate to earn commissions on sales of Heatbit products initiated via links and discount codes the Affiliate has placed (within the terms of the “Heatbit Affiliate Program​”).

The Affiliate acknowledges the acceptance of the Terms of Use by having filled application to the Heatbit affiliate program and/or having clicked the “​Sign-up​” button, thereby assenting to these Terms of Use between Heatbit and Affiliate (also referred to as “​Agreement​”).

1. Definitions
The following terms, when used in this Agreement, shall have the meanings described below:
a. “​Affiliate Interface​” means the login-protected website that provides the Affiliate with reporting on activity and commissions, account and service management, and access to the Terms of Use, as it may be updated from time to time.
b. "​Artificial Traffic​" is a collective term for invalid Clicks and Transactions, which may originate (for example and without limitation) from automatic openings, spiders, robots, requests in email or chat rooms, script generators and Clicks which are not generated by a browser, Clicks which are not preceded by an active act of a Visitor who wants to reach a certain website.
c. "​Click​" means a click by a Visitor on a link the Affiliate has placed connecting to a Linked Website.
d. “​Link​” means a link as provided by Heatbit to the Affiliate, redirecting towards a Linked Website and placed by the Affiliate on a website he owns or a third-party website.
e. "​Linked Website​" (​www.heatbit.com​) means a website, featuring Heatbit products and administered by Heatbit, which is connected to a Link.
f. "​Transaction​" means a Visitor who has connected to a Linked Website through a Link and who has purchased a Heatbit product featured on the Linked Website.
g. "​Traffic​" is a collective term for valid Clicks and Transactions.
h. “​Referral Coupon Code​” refers to a coupon code granted to a Heatbit customer or affiliate. This Referral Coupon Code is meant to give such customers referred relations, a right to a discount on the acquisition of a Heatbit product.
i. "​Visitor​" means any person who connects to a Linked Website via a Link.

2. The Service
a. Upon sign-up, the Affiliate shall be allowed to place Links and share coupon codes, and becomes authorized to receive commission payments, subject to the request by him of being paid and to the satisfaction of his obligations for being paid described hereafter, for sales of Heatbit products to Visitors who purchase through the Links, on the Linked Website.
b. Heatbit reserves the right in its sole discretion to modify, amend or change these Terms of Use at any time without any notification to the Affiliates. It is Affiliates’ responsibility to check these terms of use from time to time. Any change in these Terms of Use become effective at publication and shall be deemed approved and accepted by the Affiliate.

3. General obligations of the Affiliate
a. Affiliate is solely responsible to ensure that the websites used to place Links conforms at all times to all applicable laws, rules and regulations, including but not limited to any copyright laws.
b. If You are an individual, You represent and warrant that you are at least 18 years of age. If You have not reached the age of 18, You are not allowed to enter the Heatbit Affiliate Program.
c. You represent and warrant that the information furnished to Heatbit about Yourself is true, accurate, up to date and complete and you agree to update such information on the Affiliate Interface as necessary to maintain its truth and accuracy. You must notify Heatbit immediately of any changes in the information by updating the information on the Affiliate’s Interface.
d. You represent and warrant that either the rights to all information and content on the website you place Links in belong to You, or that the owner of the website has given to You permission to such publication. You also represent and warrant that the information on the Affiliate's website do not infringe any rights of third parties, including intellectual property rights, and that such information and productions are, and shall not be, offensive or prohibited.
e. Affiliate must not in any way generate or contribute to generating Artificial Traffic to Linked Websites.
f. Affiliate must not interfere or disrupt any other person from using the Linked Website, including but not limited to by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature, or in any other manner encourage or facilitate violations of these Terms of Use.
g. Affiliate must notify Heatbit immediately of any known or suspected improper or wrongful use of the Links of the Affiliate to the Linked Websites and/or to the Heatbit Affiliate Program or of Heatbit's service in any way whatsoever.
h. Affiliate will not engage in typo-squatting or own a typo domain in conjunction with “Heatbit” (e.g., the Affiliate’s domain names must not include or use “Heatbit or misspellings of "Heatbit"). Misspellings of domain names include those with missing or extra characters and wrong character sequences.
i. Affiliate must not own or place Links in a domain which includes the trademark of Heatbit.
j. Affiliate must not operate or utilize a website, or email a Link to such a website which contains or promotes any of the following types of content: illegal, violent, libelous, defamatory, obscene, abusive, hacking, bigoted, anti-brand messaging or that offer illegal goods or services.
k. Affiliate must not use or place Links on copycat sites, sites under construction, doorway pages, sites or pages with automatic redirect.
l. Any content or images used from Heatbit websites must be expressly allowed for use by Affiliate partners in the Heatbit Affiliate Program.
m. Affiliate must not place Links in spam or unsolicited commercial emails. The Affiliate warrants the following: (i) each addressee on an e-mail list has opted-in to receive e-mails from the Affiliate; (ii) upon request the Affiliate will provide verified opt-in status for recipients of mailing lists used to promote Heatbit products; (iii) each e-mail sent by the Affiliate must contain instructions to unsubscribe from receiving future emails. Affiliate's e-mail address must be included in all Affiliate e-mails. The Affiliate must not use the Heatbit brand name or misspellings in the “From” address line.
n. If Affiliate places the Links into a visual, such visual shall (i) comply with the Heatbit’s brand universe, (ii) not contain any illicit or degrading content and (ii) comply with any instructions provided by Heatbit to the Affiliate in writing or verbally from time to time.
o. Affiliate must not use adware/malware to place Links in.
p. Affiliate must not (i) bid for search engine traffic using the Heatbit brand keywords “Heatbit”, “Heatbit heater“, “Heatbit miner”, or similar terms, or any misspellings of them, and (ii) place Links on search engine advertising platforms such as AdWords or Bing Ads. Affiliates must endeavor to ensure that websites on which he placed Links in remain below Heatbit’s own paid search ads at all times on such search engine advertising platforms.
q. Affiliate is not allowed to place Links on couponing or cashback sites.
r. Affiliate must not purchase Heatbit products through any Links in the objective of getting a discount / retro-commission. For instance, and subject to the Affiliate providing the proof of the contrary, any bulk purchase made through an Affiliate Link will be deemed by Heatbit as made in this objective, given that the Heatbit Affiliate Program is not meant for resellers.
s. When placing the Links into a content (banners, emails or any other advertising formats), the Affiliate must ensure that this content is not misleading, aggressive or unfair. In particular, Affiliate shall ensure that information on the Heatbit products, their prices or any applicable discounts, strictly complies with the latest information provided by Heatbit. Affiliate warrants Heatbit against any claim from any third party regarding such content.
t. Affiliate must use the Links and Coupons only in the form in which they are provided by Heatbit and, in particular, must not use URL reducers when placing the Links.
u. Affiliate agrees not to make, publish, or communicate to any person or in any public forum any negative, defamatory or disparaging remarks, comments or statements about Heatbit, its services or products, or any of its employees, directors, officers, stockholders or advisors. This obligation shall survive the termination of this Agreement, and any breach of the foregoing may result in potential legal action to recover losses, damages, costs and expenses, including for any special, indirect, incidental, consequential, or punitive damages (such as loss of profit or revenue), whether based in whole or in part in contract, in tort or any other theory of liability.
Affiliate agrees that irreparable damage would occur in the event this provision was not performed in accordance with the terms hereof and that Heatbit shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity.
Affiliate agrees to pay any costs and expenses of Heatbit, including fees, disbursements and charges of counsel, of enforcing its rights under this provision in the event of any failure by Affiliate to honor its obligations hereunder.
Affiliate acknowledges that the agreements contained in this provision are an integral part of the transactions contemplated hereby and that, without these agreements, Heatbit would not enter into this Agreement and that any amounts payable pursuant to this provision do not constitute a penalty.

v. The Affiliate shall not deviate from any of his obligations as defined by this Agreement, without having obtained the prior written permission from Heatbit.

4. Obligations of the Affiliate related to receiving the Affiliate benefits
In order to receive the commission benefits for the accomplished Transaction, the Affiliate shall:
a. have reached the “Affiliate minimum payment” threshold of USD 50 and a minimum of 2 orders generated since the creation of the Affiliate account;
b. click on a button, in view of materializing its option to be receive the benefit within eight (8) days, at least once in every twelve (12) months. Consequently Affiliate hereby acknowledges and understands its primary obligation to exercise the option to be paid in order to receive the benefit, in accordance with the foregoing, otherwise, t​he portion of the sum of commissions on Transactions generated before the past twelve (12) months for which the Affiliate would not have exercised his option for receiving the benefit within 8 days will be brought down to zero;
c. click on box "acceptance of terms and conditions", referring to these Terms of Use

5. Obligations of Heatbit​
a. Heatbit undertakes to provide benefits to the Affiliate in accordance with these Terms of Use.
b. Benefits are provided to the affiliates in the form of Heatbit.com store credits, BTC, USDC or USDT. These can be used for purchasing Heabit products. Benefits in BTC, USDC or USDT are subject to 90 days holding period and anti-fraud check(s) performed by Heatbit. In certain cases the holding period may be extended beyond 90 days at Heatbit sole discretion.
c. Heatbit records the Transactions, and the Affiliate acknowledges and accepts that the statistics compiled by Heatbit on this basis are binding and shall serve as official and definitive data between the parties.

6. Remuneration
a. Subject always to the obligations of the Affiliate under articles 3 being satisfied, ​​for each Transaction, the Affiliate will earn a 5% commission of the final sales price (after applied discounts, and excluding VAT, GST and similar sales taxes and delivery costs excluded) as actually paid by the Visitor, provided that the payment is requested and the conditions provided for hereafter are satisfied.
b. A Transaction is considered valid when a Visitor concludes a payment according to Heatbit’s payment instructions. In case the Visitor cancels his order or requests a refund for any legitimate reason, after Heatbit paid the Affiliate for its commissions owed in connection with such orders, the amounts paid to the Affiliate on the basis of these orders will be deducted from the next payments owed to the Affiliate.
c. The commission rate may be changed by Heatbit with 10 days notice with effect from the 11th day (or at a later date if so specified by Heatbit).
d. Subject always to the obligations of the Affiliate under articles 3 and 4 being satisfied, payment of remuneration will be made to the Affiliate if, prior to the payment date, the sum of the commission on Transactions generated for the past twelve (12) months exceeds the “Affiliate minimum payment” threshold of USD 50 and a minimum of 2 orders has been generated since the creation of the Affiliate account. The portion of the sum of commissions on Transactions generated before the past twelve (12) months for which the Affiliate would not have exercised his option for being paid within 8 days will be brought down to zero. Heatbit reserves the right to delete an Affiliate account which would not have generated Transactions for the past twelve (12) months.
e. For the avoidance of doubt, it is clarified that no payment will be made for (i)
Transactions carried out further to Artificial Traffic and/or more generally (ii)
Transactions carried out in violation of any provision of these Terms of Use and in particular of article 3
f. The Affiliate is solely responsible for the payment of all taxes for payments made to her/him within the Heatbit Affiliate Program.

7. Limits on Heatbit's Liability
Heatbit shall not be liable for any costs and damages incurred by the Affiliate in relation to Heatbit Affiliate Program:
a. In the event that Heatbit is liable for any of the aforementioned costs or damages, in no event shall Heatbit’s cumulative liability exceed the payments made to the Affiliate pursuant to these Terms of Use. Heatbit shall not in any circumstances be liable for indirect or consequential damages and costs incurred by the Affiliate for any reason whatsoever.
b. Heatbit will not be liable in case of failure of the Linked Websites, interruptions in the accessibility to the Linked Websites, infringements on data or loss of data on the information handling system, defects in the security system or viruses or other harmful software components in the Linked Websites or for any damage caused by viruses or components to the Affiliate’s software and/or the Affiliate's website. Heatbit shall not be liable for any error in the implementation of the Links the Affiliate places on websites or for the specified function of the Links.
c. Affiliate is solely responsible for the use of its login IDs and passwords created for its participation to the Heatbit Affiliate Program.

8. Term and Termination
a. These Terms of Use shall be effective upon Affiliate’s sign-up as a Heatbit Affiliate and shall remain in effect until terminated, subject to the provision of article 12 (a).
d. The Affiliate can terminate this Agreement at any time by stopping using their Links and sending an e-mail to Heatbit at affiliate@heatbit.com.
e. Heatbit can terminate this Agreement with an Affiliate or with all Affiliates at any time, subject to prior notice sent by e-mail with reasonable notice (at least fifteen (15) days).
f. The Affiliate must cease to use the Heatbit Affiliate Program immediately upon the termination of this Agreement and delete all Links that he has placed on websites.
g. If Affiliate’s participation in the Heatbit Affiliate Program is terminated by either party, Heatbit will pay any outstanding amount due to Affiliate on the next following payment date (except for the payments which are not owed to the Affiliate on the basis of article 6 of these Terms of Use) and subject to holding period.
h. Heatbit is entitled to terminate the Agreement and/or suspend the Affiliate from the Heatbit Affiliate Program at its sole discretion.

9. Indemnity
a. The Affiliate (and any third party for whom the Affiliate operates a website that links to the Linked Website) shall indemnify, defend and hold Heatbit and each of their officers, directors, members, employees, affiliated entities, subcontractors and agents harmless against any claims, losses, damages, expenses (including reasonable attorneys’ fees) arising out of a breach by an Affiliate of these Terms of Use, an actual or alleged infringement of a person’s intellectual property rights by the Affiliate, of the contents of the Affiliate's website, of any incorrect information given to Heatbit by the Affiliate (in particular, information given under article 4 of these Terms of Use), of the Affiliate's improper, negligent or unauthorized use of Heatbit’s Affiliate Interface and technical problems or loss of data caused by the Affiliate on Heatbit’s website, or of any promotion related to Heatbit products that the Affiliate administers on his/her website or any other platform.
b. The Affiliate shall cooperate as fully required by Heatbit, as applicable, in the defence of any such claim.
c. Heatbit reserves the right to assume the exclusive defence and control of any matter subject to indemnification by You, and You will not settle any claim without the prior written consent of Heatbit (which shall not be unreasonably withheld).

10.Assignment of the Agreement
a. The Affiliate may not assign or transfer his rights or obligations under these Terms of Use in whole or in part to any third party without the prior written consent of Heatbit.
b. The Affiliate acknowledges and agrees that Heatbit may assign its rights and obligations under these Terms of Use and share or transfer information provided by the Affiliate during sign-up or Affiliate sales statistics to a third party.

11.Intellectual Property Rights
The Affiliate acknowledges and agrees that Heatbit owns all copyrights, trademarks, know-how or any other intellectual property rights connected to the Heatbit Affiliate Program, including but not limited to the content of Heatbit’s website, or software necessary for the Affiliate’s participation in the Heatbit Affiliate Program. The Affiliate does not acquire any intellectual property rights, licenses or any rights whatsoever under these Terms of Use other than to use links to Linked Websites in accordance with these Terms of Use.

The Affiliate hereby grants Heatbit a royalty-free, perpetual, irrevocable, fully transferable and sublicensable, and worldwide license to use, copy, reproduce, adapt, transmit, publicly display, distribute, translate and create compilations and derivative works from, in whole or in part, any and all materials you might provide on or through any media platform(s) about Heatbit, our products or the Heatbit Affiliate Program, in any manner or format whatsoever, and your name, statements, performance, photograph or another likeness.

a. Any provision of these Terms of Use that contemplates performance or observance subsequent to termination or expiration of these Terms of Use, including but not limited to articles 7 and 9 of this Agreement, shall survive termination or expiration of this Agreement and continue in full force and effect.
b. The sole relationship between Heatbit and the Affiliate shall be that of independent contractors and nothing in these Terms of Use shall constitute or be interpreted as constituting or creating a subordination relationship or a joint undertaking. In particular, neither of the parties shall be able to purport, based on these Terms of Use, that it is an agent, a representative or an employee of the other party, or that it may bind the other party, in any manner whatsoever.
c. Would any provision of these Terms of Use or part thereof to any extent be or become invalid or unenforceable, such provision shall then be deemed separable from the remaining provisions of these Terms of Use and shall not affect or impair the validity or enforceability of the remaining provisions of these Terms of Use. No waiver by Heatbit of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Heatbit to assert a right or enforce provision under these Terms of Use shall not constitute a waiver of such right or provision. The parties shall use all reasonable efforts to replace such invalid or unenforceable provision of this Agreement with a valid and enforceable provision that shall achieve, to the greatest extent possible, the economic, business and other purposes of such invalid or unenforceable provision.

13.Applicable Law and competent jurisdictions
a. This Agreement shall be governed by the laws of state of Delaware, United States.