Terms and Conditions
TASKSHIFT AFFILIATE AGREEMENT
This agreement (the “Agreement”) provides the terms and conditions of the relationship between TaskShift and You (“Affiliate”) in order to participate in the TaskShift Affiliate Program.
By submitting our Affiliate Program application, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it.
TaskShift.com is the sole owner and operator of the freelance platform known as TaskShift and has created a Program that enables you (“Affiliates”) to drive traffic and conversions to the site from your website(s) or virtual networks in exchange for agreed compensation.
Therefore, in consideration of the mutual promises herein, the Parties agrees as follows:
1. TASKSHIFT’S AFFILIATE AGREEMENT DEFINITIONS
i. “We”,“Our”,“Us”,“TaskShift” means TaskShift Ltd.
ii. “You”, “Your” and “Affiliate(s)” means the individual registered in the TaskShift Affiliate Program, to promote our services and drive conversions through its website or virtual networks using the customized affiliate link in exchange of agreed compensation from TaskShift.
iii. “Customer” means any person or party who buys services from TaskShift after connecting to the site from your customized Affiliate Link.
iv. “Affiliate Link” means your customized link through which a Customer is referred to TaskShift for the purpose of promoting our services. The personalized links are generated so as to track the leads who are directed from the particular Affiliate link.
v. “Referred User” means any new User who has registered an account on TaskShift directly through the Affiliate Link given by Us, and who fulfills the requirements set out in Section 4 hereof.
vi. “Commission” means the percentage amount you earn each time a transaction is completed through the unique link associated with your account.
vii. “TaskShift Offers” means digital services that are available for purchase through TaskShift.com.
viii. “Purchased Offers” means TaskShift services used by a Customer, provided that it meets the requirements outlined in Section 4 hereof.
ix. “Completed Transaction” means the services have been delivered and the payment has been received, hence the sale is completed.
X. “Canceled Purchase” means any refunded, canceled, or suspended purchase.
xi.“Fraudulent Traffic” means traffic generated at TaskShift through illegal means or in bad faith to defraud the system, irrespective of whether or not it actually causes harm to TaskShift. Fraud Traffic includes but is not limited to Spam, false advertising; click fraud, incentive fraud etc., deposits generated by stolen credit cards; collusion; manipulation of the services; creation of false accounts for the purpose of generating commission; unauthorized use of any third-party accounts, copyrights, trademarks, and intellectual property.
xii. “Terms of Service” means TaskShift’s terms of service applied to all users, as revised from time to time.
xiii. “Tracking System” means TaskShift’s exclusive tracking method that will allow You and Us to track and follow the Customers gained via the Affiliate activity.
xiv. “Prohibited Activity”means any activity that involves, facilitates, advocates, or promotes one or more of the following: (a) discrimination on the basis of one's race, ethnicity, gender, religion, sexual orientation, age, national origin, or disability; (b) libelous, defamatory, obscene, pornographic, or abusive activities; (c) defamation or other illegal activities; (d) disagreement with or a breach of a law, rule, regulation, or any intellectual property or other rights of any person, party, or business; (f) false or deceptive advertising.
2. TASKSHIFT AFFILIATE PROGRAM SIGN UP
In order to sign up for Our Affiliate Program, You must submit the TaskShift Affiliate Registration Form which is available at ___.
Submitting an Affiliate Application does not guarantee your inclusion in the TaskShift Affiliate Program. We evaluate each and every application and are the sole and exclusive decision-makers on Affiliate acceptance. We are not obligated to provide you any explanation for your rejection, but please be advised we may reject applicants for any reason, including but not limited to a website or social media page which violates our Acceptable Use Policy.
If your Affiliate Application is accepted, each of the terms and conditions in this Agreement applies to your participation.
3. AFFILIATE PROGRAM
Upon Your successful enrolment to Our Affiliate Program, you must ensure your account is properly set up, all data fields are filled in, including specific payout information.
We will provide you with a specific link or links in your personal dashboard, which correspond to a certain offer from our marketplace (the “Link”). The Link will be keyed to your identity and will send online users to the TaskShift marketplace.
You hereby agree to fully cooperate with us regarding the Link and that you will explicitly comply with all of the terms of this Agreement for the promotion of the Link at all times. We may modify the specific link or links and will notify you if we do so. You agree to only use links which are prior approved by us and to display the Link prominently on your website or social media page, as described in your Affiliate Application (the “Affiliate Site”).
Processing and fulfillment of orders will be our responsibility, including approval, cancellation, refunds, and disbursements. We retain the right, at our sole discretion, to reject orders that do not meet all of the standards set out in this Agreement and our Terms of Service.
We provide real time data regarding your account with us through your personal dashboard. You may log into your account with us to review reports related to your affiliation, such as clicks, impressions, conversions and completed orders.
5. COMMISSION SETTLEMENT
You will be paid a Commission under the Affiliate Program for each Purchase made by a Customer you recommend to TaskShift in line with the provisions of this Agreement. Each Customer and Purchase must fulfill the following requirements:
- Each affiliate must be registered through the submission and approval of the TaskShift Affiliate Registration Form.
- Each Affiliate must update an accurate account and billing information during the registration process.
- Each Customer referred by the Affiliate must be a new TaskShift visitor.
- No Commission shall be paid to the Affiliate for a Customer who had previously been observed by TaskShift’s system prior to the Affiliates’ referral.
- Each Customer must make a Purchase and complete the payment procedures for the Purchased Offers. In order to generate a Commission for each Completed transaction, each Customer must be an Active User of TaskShift, be current on all payments at the time the Commissions are generated, and have not been subject to a refund, credit, cancellation, suspension, or chargeback.
- Each Customer must register in a way that, in Our sole consideration, clearly demonstrates that the Customer was first referred to TaskShift directly by You in accordance with this Agreement.
- Each Customer is required to abide by our Terms of Service as well as any and all TaskShift policies and guidelines in effect at the time the Commissions are released.
- TaskShift reserves the right to withhold the opening Commissions for the new Affiliates, in order to assess the reliability of Customers and their cancellation rates
- TaskShift reserves the right to cancel Commission payments at any time and permanently, if it detects fraud or fraudulent traffic, inappropriate activity, or a breach of any of the provisions of this Agreement by the Affiliate or a Customer.
Commission Deduction/ Refusal
TaskShift maintains the right, in its sole discretion, to withhold, reverse, refuse, or reject Commissions indefinitely, and/or to deny or reject any Affiliate account, and/or to terminate this Agreement directly for:
- Any account or purchase on TaskShift that has not been approved for at least thirty (30) days.
- All orders that are adjudged fraudulent and all commissions earned for accounts that could be exposed to fraudulent traffic/activity, including but not limited to instances in which a single user is operating multiple accounts (whether they be TaskShift accounts or Affiliate accounts) or when recommended Customers’ accounts violate this Agreement.
- Accounts making any changes to our provided links
- Affiliates who, in our judgment, could be falsely enrolling Customers, billing double commissions, making deceptive claims, engaging in suspicious marketing tactics, or engaging signups with a very low possibility of renewal.
- Any direct traffic or referral from search engines to TaskShift, as well as the use of “TaskShift” as a key phrase for paid advertisements in search engines, including but not limited to Facebook, Google, Yahoo, Bing, etc.
- Any use of misleading websites or social media profiles.
Commission Accrual and Payments
- As consideration for any and all Completed Transactions by Your efforts, TaskShift will pay You a fee equal to the determined percentage or dollar amount in accordance with Our Commission Plan.
- Commission Fee will be payable within thirty (30) days after the end of the month in which they accrued, provided that the Affiliate sends an invoice within 10 days of the end of that month. If not, the payment will be released on the next monthly payment cycle.
- In line with TaskShift’s policy, costs for wire transfers or currency conversions may be deducted from Your Commission. Please be aware that Your Affiliate account balance is always calculated using its USD value, therefore, the foreign currency payment amount may vary depending on the current exchange rates at the time of disbursement.
- The Commission relative to Your Completed Transactions shall be payable to you only when they accrue to a minimum of $25.
The TaskShift Affiliate Program offers commissions to its Affiliate for each completed transaction, as mentioned in the Commission Plan, available at _____ (URL).
TaskShift reserves the right to modify the Commission Plan at any time, or to negotiate special commission rates with certain Affiliates based on their performance, or to lower future commission rates for certain Affiliates (with prior notice), in response to the Affiliate's weak performance or promotion of their own TaskShift offers.
Commission payments shall be made according to the existing information in Your Affiliate account. On account of any changes in Your payment details, You must notify us promptly by updating Your profile information. For such months, payment shall be made within 30 days after the end of the corresponding calendar month.
We encourage TaskShift Affiliates to try and settle conflicts amongst themselves. If for any reason this fails, You explicitly undertake to file any tracking or commission disputes as well as any other discrepancies within 10 days following the end of the month in which the transaction or event in question happened. TaskShift will not accept disputes that are submitted more than 10 days after the day the transaction took place, and the Affiliate will forever lose all rights to a potential claim.
7. OUR RESPONSIBILITIES
TaskShift is in charge of providing all necessary material to enable You to promote our services on your site or social media profiles through appropriate Links provided by Us. The processing of Purchased Offers made by a Customer through Your Affiliate Link will be entirely handled by TaskShift, including but not limited to payment processing, cancellations, refunds, and associated TaskShift services. We are also responsible for tracking the traffic generated through Your Affiliate Link, while providing real-time data to You. You may get reports on your affiliation, such as payout reports or number of Completed Transactions. Please be advised however, that not all listed Sales and/or Purchase have been fully reviewed for accuracy in the reports viewable by you in real-time and therefore may be subject to change prior to Commission disbursement.
8. YOUR RESPONSIBILITIES
You will be exclusively in charge of maintaining Your site as well as all content that is posted there. These obligations include, but are not limited to, the technical operations of Your website and all associated material; the content and descriptions of Your website and linking those descriptions to Our site; the accuracy and appropriateness of materials posted on Your site/social media accounts and making sure that materials posted on Your site/social media accounts do not violate or breach the rights of any third party.
We disown all accountability and warranties regarding such matters, and You agree to hold Us harmless from any and all claims, losses, liabilities, costs, or expenses of any kind that may result from any misuse, violation of another party's rights, or breach of any of your commitments stated in this Section 8.
You further affirm, warrant, and agree that You will not use TaskShift services or Our site to involve in any Prohibited Activity and that You will abide by all local, state, and federal laws, rules, and regulations that are pertinent to Your business operations.
We may monitor your account, as well as sell/or purchases coming through your account. If we determine you are not in compliance with any of the terms of this Agreement, we have the right to immediately terminate your participation in the Affiliate Program
9. PROMOTION VIA EMAILS
You are strictly not allowed to produce, publish, send, or distribute any mass electronic mail messages (also known as “SPAM”) under the TaskShift Affiliate program. Any email correspondence, including the time duration and numbers of emails to be sent, must be coordinated with TaskShift. We reserve the right to reject any and all electronic mailing suggestions in Our sole discretion. Moreover, You may only send emails including a TaskShift Affiliate link or information about TaskShift or its Affiliate Program to those who have already been approached and who have given their approval to receive emails containing such material.
You will not artificially generate clicks or impressions on Our site through Your site, whether by way of a robot or software program or otherwise. The Affiliate partnership may end if TaskShift, in its sole discretion, observes an excessive number of clicks in a short time span. If You violate this section in any way, any and all rights to commissions are forfeited and this will be regarded as a material breach of This Agreement.
10. LIMITED LICENSE TO TASKSHIFT AFFILIATE CONTENT
Subject to the terms of the Agreement and solely for the limited purposes of participation in the TaskShift Affiliate Program, we hereby grant you a limited, conditional, non-transferable, non-sub-licensable, non-exclusive, license to: (a) copy and post Affiliate Program Content solely on your site/ social media profiles; (b) and use only those of the TaskShift Content we make available to you as part of the Affiliate Program. You are not allowed to make any changes to the TaskShift Content in any way.
You will use our Site Content solely in accordance with the terms of the Agreement and within the scope of the license granted herein.
1.You may not use TaskShift Content for anything other than marketing TaskShift Offers or our Site. You acknowledge that you will not disparage TaskShift, any member of Our site, or any representative of TaskShift in any way through the use of the program content. The TaskShift Content and all of our other proprietary rights are completely reserved by us. The License will immediately terminate if at any time you do not comply with any obligation under the Affiliate Program Agreement or otherwise upon termination of this Agreement.
2.You hereby grant to Us a universal, non-terminable license to utilize Your names, titles, and logos in connection with the promotion and public awareness of Our rights under this Agreement. However, We shall not be obligated to publicize, advertise, market, or promote the Affiliate Trademarks. In the event that this Agreement expires or is terminated, this license will also end.
11. TERM, TERMINATION & SUSPENSION
The term of this Agreement shall begin when we accept you into the TaskShift Affiliate Program. It can be terminated by either Party at any time with or without cause.
You may only earn Commissions as long as you are an Affiliate in good standing during the term. If you terminate this Agreement with us, you will qualify to receive Commissions earned prior to the date of termination. We may delay Your final Commission payment for a certain time period in order to confirm that all Purchased Offers and Customer payments are real and authentic, as judged solely by TaskShift.
Any Affiliate who breaches either this Agreement or TaskShift’s Terms of Service forfeits any and all earned Commissions and is dismissed from the TaskShift Affiliate Program.
We expressly reserve the right to terminate this Agreement if You violate any of the terms set forth herein, including, but not limited to, infringing the Site’s or a third party's intellectual property rights, failing to comply with applicable laws or other legal obligations, and/or publishing unlawful material.
12. MODIFICATION & VARIATION
TaskShift reserves the right to revise any of the terms and conditions in this Agreement from time to time and at any time. You agree that We have the right to modify this Agreement or revise anything contained herein. Such amendments will take effect after they are announced on Our site. TaskShift retains the right, in its sole discretion, to notify You via e-mail and further reserves the right to withhold any update regarding any modifications made to this Agreement. If you don't agree to the update or replacement, you can choose to terminate this Agreement.
13. RELATIONSHIP OF THE PARTIES
Nothing contained within this Agreement shall be construed to form any partnership, joint venture, agency, franchise, or any kind of employment relationship. You and TaskShift are independent contractors and will remain so at all times. You will not be allowed to create or accept any offers or discounts on Our behalf. You will not make any statement, whether on Your site or elsewhere, that might be construed as contradicting anything in this section.
TaskShift makes no warranty, express or implied, including without limitation with respect to the services, security, reliability, timeliness, and performance of the site, and expressly disclaim the warranties or conditions of no infringement, satisfactory quality, merchantability and fitness for any particular purpose.
The Affiliate hereby acknowledges that We make no representations or warranties that the TaskShift Platform will be uninterrupted, error free, without delay or without compromise of the security systems and features therein. Therefore, You use Our site, The Affiliate Program, Links, and our services at your own accountability. TaskShift exclusively contains user generated content, and takes no accountability as to any of the information found on the site. All contents of TaskShift platform and the link, as well as the Affiliate Program and Our offers, are provided on an “as is” and “as available” basis without warranties of any kind.
TaskShift will not be obligated under this agreement to take any action or refrain from taking any action that it believes, in good faith, would cause it to be in violation of any laws of the territory or any other applicable jurisdiction.
15. LIMITATION OF LIABILITY
Except as provided in this section, TaskShift will not be liable for any special, indirect, consequential, incidental, or punitive damages arising out of this agreement or relating to the services, whether sounding in contract, tort, or other theory of recovery, including without limitation procurement of substitute services, loss of use, loss of access, loss of data, loss of profits, or business interruption, regardless of whether TaskShift has been advised of the possibility of such damages, and notwithstanding any failure of essential purpose of any limited remedy. Additionally, TaskShift, its subsidiaries, directors, employees, representatives, agents, or suppliers shall not be held responsible for any failures of any kind that may result due to downtime and/or the unavailability of the site or the affiliate program and/or any other third party downtime.
You (“The Affiliate) agree and shall indemnify Us and hold Us harmless on demand in respect of all direct, indirect, punitive, incidental, special, consequential damages or any other damages, all liabilities, costs, claims, demands and expenses (including legal costs) of any nature which We may suffer or incur as a direct or indirect result arising from:
- Non-fulfillment of any section by You under this Agreement
- Any suit, action, proceeding, claim or investigation against Us which arises from or which is based upon or pertaining to your acts or omissions or conduct of business
- Failure to comply with the terms of this Agreement by You
- Failure to comply with applicable law by You
- Defamation, libel, violation of privacy rights, unfair competition, or infringement of intellectual property rights or allegations thereof to the extent caused by You
- The use and promotion of materials on the Affiliate Site that infringe or violate the copyright or other intellectual property rights of any third-parties
You hereby agree to hold Confidential Information in strict confidence and in trust for the sole benefit of the TaskShift platform, both during the term of this Agreement and at all times thereafter, and shall not use such Confidential Information for any purpose, whether or not for consideration, business or personal, other than as may be practically necessary for the accomplishments of its duties pursuant to this Agreement, without Our prior written consent.
You shall not disclose any Confidential Information to any person, other than to such of its employees or consultants as may be essential for purposes of executing its duties hereunder, without Our prior written consent.
You must exercise at least the same level of caution as it takes to safeguard its own confidential information, but in no case less than reasonable caution. For the avoidance of doubt, your obligations under this Agreement include taking all steps necessary to ensure that You and Your affiliates who receive Confidential Information from or as a result of Provider, abide by all of the terms and conditions of this section.
Confidential Information does not include information that:
- Is/becomes publicly known through lawful means
- Was rightfully in provider’s possession or part of your general knowledge prior to the effective date of this Agreement
- Is disclosed to you without confidential restriction by a third party who rightfully possesses the information
If an official court order or subpoena compels you to reveal Confidential Information, you must immediately tell Us in writing of the requirement and cooperate to enable Us to pursue the proper protective order. Except as required to carry out the tasks contemplated herein, you will not use, copy, publish, distribute, or summarize any Confidential Information.
18. CHOICE OF LAW
This Agreement and any dispute or claim arising out of or in connection with it or its subject be matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of _________________.
This Agreement does not create an exclusive relationship between You and Us. You are free to work with similar Affiliate Program providers in any category. Likewise, this agreement imposes no restrictions on Us to work with any individual or company we may choose.
20. INDIVIDUAL ENDORSEMENT
Your Affiliate Program application submission signifies that You have read this agreement and accept its terms and conditions in its entirety. This Agreement constitutes the entire settlement between You and Us and supersedes all previous agreements, either oral or written, between the parties pertaining to this Agreement' subject matter. In entering into this Agreement, neither Party has relied upon any statement, representation, warranty or agreement of the other party except for those expressly contained in this Agreement.
Furthermore, You acknowledge that We may establish connections at any time (directly or indirectly) on terms that may vary from those set out in this agreement. We could approach companies who run websites that are either direct competitors of Your website or comparable to it to form TaskShift partnerships.