Introduction
This Agreement governs your use of the Network (referred to as “Services” or the “3DPaying.com Publisher / Affiliate Network”) provided by 3DPaying.com. The use of any of the Services is conditioned on your acceptance of this Agreement. By using any of the Services and by selecting the terms and conditions box on the registration form, you (The Publisher) accept and agree to be bound by all the terms and conditions of this Agreement, wherein it relates to both the Services offered by 3DPaying.com and Network Advertisers (referred to as “Advertisers”).
1. Services Offered
a. 3DPaying.com will grant you access to the 3DPaying.com Publisher / Affiliate Network and the Services for which you have been registered via the 3DPaying.com registration form, all of which are subject to the terms and conditions of this Agreement.
b. As part of the services offered by 3DPaying.com, you consent to the request, collection, processing and storage of personal information including your name, address, phone number, email address, banking information, tax information, and IP address. Such information is used for identifying and validating logins, personalizing services, creating reports and analytics, announcing program and network updates, announcing new program opportunities from advertisers in our network, ensuring compliant behavior, communications from our employees, making payments, and staying compliant with applicable laws and advertiser agreements. We may retain this information, even if you close your account or become deactivated for legal and compliance purposes. If you have questions or requests regarding this information, please contact us.
c. You consent that any information provided to 3DPaying.com either through registration, the platform, or any form of communication to employees or contractors who work for 3DPaying.com, can also be provided to other 3rd party services, in which 3DPaying.com has either a partnership or other working relationship to, either for payment purposes, compliance reasons, or advertiser requests, and such actions will not require the prior written consent from the Publisher.
2. Publisher Agreement
a. The Publisher shall not make any representations, warranties or other statements concerning the Advertisers, the Advertiser’s site, or the Advertiser’s products beyond what is reasonable and accurate.
b. The Publisher understands that the Advertiser owns and shall retain all rights to its names, logos, trademarks, service marks, and copyrights.
c. These rights give Advertisers the ability to restrict Publisher’s use of their names, logos, trademarks, service marks and copyrights. This agreement gives the Publisher limited, non-exclusive rights to advertiser links and/or other promotional materials provided through the Network.
3. Use of Links and Promotional Materials
a. The Publisher will only use links to areas within the Advertiser’s site using special URLs obtained through the Network. The Publisher may use as many links, as much Network content, or marketing materials as required.
b. Use of links and marketing content is non-transferable. The Publisher may not allow links or Network content to be used with other traffic sources that are not disclosed or URLs outside of the Publisher’s account. The Publisher may not alter the links in any way, aside from any alteration that is conducted through the publisher platform, such as shortened URLs, subID tracking, and custom campaigns.
c. 3DPaying.com may terminate Advertiser links at any time. If such an action occurs, the Publisher must remove the terminated links and corresponding promotional materials from any traffic source on which they appear.
4. Promotional Methods and Link Placement
a. 3DPaying.com marketing materials and/or links cannot be placed near any of the following content (nor appear on websites which contain or link to such content): Any pornography, nudity, or any other sexual or adult material. Any content that violates or infringes in any way upon the statutory, common law, or proprietary rights of others, including but not limited to, copyrights, trademark rights, patents, or any other third party intellectual property, contract, privacy, or publicity rights. Any gambling hate propaganda, or material that encourages or promotes illegal activity or violence. Any material that promotes or utilizes software or services designed to deliver unsolicited e–mail. Any misrepresentations or material that is threatening, abusive, harassing, defamatory, obscene, profane, indecent, or otherwise objectionable, offensive, or harmful. Any material that violates any local, state, or national law or regulation. Any other material that 3DPaying.com, in its sole discretion, determines to be inappropriate.
b. Links and/or content from 3DPaying.com must be placed in locations that can be freely accessed by 3DPaying.com without having to login or supply a password. If your content is to appear in emails sent to a mailing list, arrangements must be made with 3DPaying.com so that lists are seeded with one or more 3DPaying.com email addresses. All traffic sources where 3DPaying.com links are placed must be accessible and viewable to 3DPaying.com and its advertisers at all times.
c. Links cannot be placed in misleading formats or used in fraudulent methods, including but not limited to any program or device that would otherwise manipulate traffic or the accuracy of advertiser campaigns.
d. In the event that advertiser links are desired to be used in a format that is not viewable through the Internet, such as through newspapers, television ads, or other media, prior approval from 3DPaying.com is required.
e. Publishers may not place Links to an Advertiser’s Website or Website content in third party newsgroups, message boards, comments sections, unsolicited email or other types of spam, link farms, counters, chat rooms, or guest books.
f. No publisher can place links to or promote an Advertiser’s Website or their own Affiliate Website on websites that use classified ads, such as Craigslist.
g. Transactions generated from the same IP address or individual may be considered as fraudulent transactions and will not receive compensation.
h. Content provided through the 3DPaying.com network cannot be swapped with advertising links found through other networks for the same or similar products or services. Publishers are granted licensing rights to use the content provided through the 3DPaying.com network only in conjunction with the advertising links provided through the network. Failure to comply can result in the immediate termination of the Publisher’s account with 3DPaying.com.
i. Publishers that participate in search engine marketing may not link directly to the advertiser’s website using affiliate links, unless the advertiser’s individual terms and conditions specifically state that direct linking is allowed.
j. Unless exempted by special request and documented in writing, publishers are not permitted to utilize popups, pop-unders, interstitials, or any other advertising unit which automatically opens a new browser window without an affirmative and informed click from the user, nor any ad unit that interrupts or covers normal site content.
k. Traffic submitted to 3DPaying.com campaign must be provided transparently, and the referring URL must be an accurate, complete and unmasked URL from the referring traffic source. Traffic that does not meet this requirement may be considered fraudulent.
l. When buying media placements using keyword bidding, such as PPC bidding on search engines, bidding on the trademarked terms belonging to any Advertiser is not permitted. In addition, some Advertisers may list other keyword terms which you must also not use. The accidental appearance of your advertisements for banned terms such as these is not an accepted excuse for this violation. The use of negative keywords to ensure compliance is recommended.
5. Payment Processing – Standard Payment
a. 3DPaying.com pays Publishers every month on NET 60 terms. This means that commissions earned during the month of March (1st – 31st) are processed 60 days later, on May 31st. Payments will be issued on the 1st-7th of the following month (June 1-7, in our example) or during the NET 60 grace period.
b. The NET 60 grace period is the period which payments are processed and sent to publishers, within 10 business days after the closing payment date. This allows for events where the payment date falls on a weekend, holiday, or other scenarios that may result in slightly delayed payments.
c. The publisher understands that, in order to continue to be maintained on a NET 60 payment process, the publisher must continue to have reported sales until payment date. This amount is based on a 60-day average that must be equal to or greater than the total number of sales produced in the prior month. If the publisher’s 60-day sale average falls below this criteria, 3DPaying.com reserves the right to hold payments until payment is received from the advertiser.
d. In the event that payments are reversed from the advertiser for whatever reason, the publisher understands that the existing balance will be credited back to 3DPaying.com, even if those sales are not related to the exact advertiser reversing the sales. For example, if 3DPaying.com has already paid the publisher on “ABC” sales, and if advertiser “XYZ” must reverse the sales, 3DPaying.com will credit back to 3DPaying.com from the publisher’s existing balance of all sales. 3DPaying.com also holds the right to credit back from any other account the Publisher has with 3DPaying.com if so required. A credit is defined as a reversal of ACH payment, a stop payment on a check, wire reversal, and/or charge backs applied to the entire 3DPaying.com Publisher Account.
e. It is the Publisher’s responsibility to maintain accurate payment information, which can be updated and regularly managed through the “Account” section of 3DPaying.com. Failure to maintain accurate payment information may result in delay of payment.
f. All payments made to publishers require the accumulation of a minimum balance (called a threshold) of earned and confirmed commissions prior to payment. At the end of each month, a publisher’s account has either reached the minimum balance or the balance is carried over to the following month. A processing fee is applied to each monthly payment as shown below.
PayPal
- Monthly threshold (USD) $50
- Processing Fee: $1 / payment
- Provider transaction fees apply
g. Reporting of sales or leads in the client interface (https://hub.3dpaying.com) will show transactions for the publisher’s account. However, final approval for these transactions are pending final verification from auditing processes, any possible chargebacks due to any advertiser mistakes or possible fraudulent transactions, and final payment from the advertiser. Payments to publishers are considered 100% approved only when payment is issued to the publisher.
h. Publishers understand that any chargebacks of sales, regardless of the reason, can be debited from the balance on any account owned by the publisher, even if the current balance is not comprised of commissions from the same advertiser(s) that issue the chargebacks.
i. NET 60 payment terms apply to all publisher accounts; however, any special agreements with publishers based on volume thresholds or other criteria will override the standard NET 60 payment terms, if already agreed upon by the publisher and 3DPaying.com.
j. If Advertisers withhold, reduce or fail to issue payment for transactions in the Publisher’s account, 3DPaying.com may also withhold payment on the Publisher account until those Advertiser payments are made. If such withholdings are the result of a compliance inquiry, some or all of the Publisher’s payment may be withheld while an investigation is conducted by the Advertiser and 3DPaying.com.
k. In the event of a payment error, where 3DPaying.com overpays a publisher of the network, communication will be provided to the publisher and the publisher understands and will abide to providing a return of any excessive payments, regardless of the reason behind the error, the amount, or other reasons for error, to 3DPaying.com, within 30 days’ notice from 3DPaying.com.
6. Privacy Policy Requirement
a. A Privacy Policy must be created and made available for consumers and other visitors for each applicable Publisher traffic source, such as a website. It must be accurate and conspicuous. You are solely responsible for creating the privacy policy and it should comply with all regulations and laws which are applicable to you. The policy must disclose whether and how any user information is captured, and also how it is used. Some laws may additionally require you to disclose the purpose of your data collection, the duration you intend to keep it, and other requirements detailed in those regulations. You are expected to maintain and update your privacy policy to remain compliant.
7. Support Services
a. 3DPaying.com will provide all Publishers with support services, such as, but not limited to: Online support through the 3DPaying.com Support Center, phone support, and general email support services during regular business hours, except holidays.
b. It is our goal to reply to all communications within 2 business days of receipt, however, there may be times in which such communications may take longer. If our reply exceeds the 2-business day goal, it is the publisher’s responsibility to contact the support team at [email protected].
c. The support team provided to the publishers of the 3DPaying.com Publisher / Affiliate Network will do their best to answer any and all inquiries to the best of their knowledge, but the 3DPaying.com owners, shareholders, and chairpersons do not guarantee that all information provided by customer service is 100% accurate and may at times be subject to change, adjustment, or additional inquiries. In the event that the support team has misinformed the publisher due to incorrect information provided to the support team by the advertiser and/or a mistake on their part, the support team will do their best to clarify any and all mistakes within a reasonable amount of time.
8. Maintaining Content
a. The Publisher is responsible for making sure that all information promoting any of the products provided by 3DPaying.com is accurate. Regardless of the method a Publisher uses to receive or display 3DPaying.com content, Publishers are required to regularly review and update such content to ensure accuracy and compliance.
b. 3DPaying.com will periodically monitor Publisher traffic sources and traffic reports to assure accuracy in the use of all content provided through the various content formats. Publishers who are contacted by 3DPaying.com for content usage adjustments must abide by all requests within 48 hours of notification or risk having their links expired for the advertiser to which the issue pertains. 3DPaying.com reserves the right to adjust this grace period without notice.
9. Approved Traffic Sources
a. A Traffic Source is any location which carries 3DPaying.com content or used to generate impressions of the same. Before they can carry any 3DPaying.com content, all traffic sources must first be added to the Publisher’s account at which point they will be reviewed and either approved or declined by 3DPaying.com. 3DPaying.com marketing materials and/or links may not be placed onto any traffic source that has not been approved for that advertiser. If a Publisher has more than one traffic source, each source must separately apply to an advertiser for permission to gain its own unique tracking links and content for that advertiser. Publishers may not use advertiser content which has been authorized for one traffic source on any other.
b. If 3DPaying.com determines that a traffic source was submitted with inaccurate information (such as submitting a website that does not belong to the Publisher), 3DPaying.com reserves the right to terminate the account, reduce or remove any balance, and/or reverse payments.
c. Publishers are expected to know and follow all laws and regulations that apply to the operation of their business and the use of our materials and services. Publishers must adhere to all applicable legislation and regulations governing the use of their traffic sources (such as email marketing), both for the jurisdictions in which you operate as well as the jurisdictions of those individuals (or “Data Subjects”) you expose to 3DPaying.com advertising materials and content. Examples of such applicable laws may include the CAN SPAM Act of 2003 or the General Data Protection Regulation from the EU.
d. For a Publisher to receive credit for qualifying conversions (such as leads and sales) that are generated from their site, the consumer must personally visit our links on their own device, voluntarily clicking on any links, completing their own forms, agreeing to any applicable terms, and making their own purchases. Publishers can do none of these things on behalf of the consumer; if otherwise, the conversion and commissions will be considered invalid.
e. The use of unapproved traffic sources may result in account termination and the reversal of any account balance.
10. Approval Process for Specific Advertisers
a. Once a Publisher is approved for the 3DPaying.com network, they are granted access to a variety of tools and services, and the opportunity to apply for a number of advertiser affiliate programs. Approval for 3DPaying.com does not guarantee approval for the advertiser programs offered. Within the client interface, Publishers must select and apply for each individual program, and abide by the terms and conditions for selected advertisers. An email regarding the Application status will be sent to the Publisher within several business days.
b. The terms and conditions provided by advertisers for their individual programs represented in the Network are in addition to the terms and conditions of the 3DPaying.com Publisher / Affiliate Network (this agreement), and a violation of either the advertiser’s terms and conditions or the 3DPaying.com Publisher / Affiliate Network terms and conditions can result in the termination of the publisher’s account and the removal of any pending payments.
11. Downtime
a. 3DPaying.com will provide services to allow for 100% uptime for both link activity and content delivery. 3DPaying.com cannot be held liable for any link downtime due to hardware or software related issues, or if the landing pages or links provided by the advertisers are down. The 3DPaying.com technical staff will, however, work diligently to resolve any issues if any downtime occurs and will coordinate such efforts, if need be, with the advertiser.
b. Though 3DPaying.com regularly monitors all links for programs on a scheduled basis, it is strongly recommended that publishers occasionally checks their links once live on their website. Once a link is live on the publisher’s website, it is the publisher’s responsibility to inform the 3DPaying.com support team at [email protected] within 24 hours of any link problems.
12. Link Tracking Software
a. In the event that the publisher chooses to use a 3rd party tool to check links or otherwise verify links that have been provided by 3DPaying.com, it is the publisher’s responsibility to notify the 3DPaying.com support team at [email protected] in the event that such checking may alter reporting results.
b. Failure to report the usage of such tracking that may alter the reporting for 3DPaying.com may result in the termination of the account based on the auditing procedures that are done, which in part focus on publisher accounts that generate many reported click-thrus with no validation of sales.
13. Chargebacks
a. In the event that the advertiser or 3DPaying.com has reported duplicates or other inaccuracies in the reporting of sales or leads, these may be reversed in the Publisher’s account. Chargebacks can occur at any time and can be applied at any time to the Publisher’s account, with or without notice. Publishers with questions about such adjustments can contact [email protected] to request additional details.
b. In the event that such chargebacks occur for sales that have already been paid in full to the publisher, 3DPaying.com reserves the right to reverse the credit on future sales or pending payments to the publisher.
c. In the event that it is determined that such chargebacks are due in part to fraudulent activity or a violation of the terms and conditions of either the advertiser’s program or the 3DPaying.com Affiliate Network, future payments and/or credits to the Publisher’s account will be reversed and the account will be immediately deactivated.
14. Compliance Investigations and Review
a. All accounts are regularly monitored for fraudulent transactions and suspicious activity. In the event that your account is flagged for review, any estimated balance on the account may be withheld while the investigation process is underway. Suspicious activity may include any apparent violation of the advertiser’s affiliate program, a request by the advertiser to review the traffic sent to them, the use of unapproved traffic sources, failure to provide traffic transparency, the use of invalid or nonexistent websites, providing false information in your publisher application, or the possible violation of any of these terms.
b. If the publisher’s promotional methods were in violation of these terms, 3DPaying.com may reduce or completely remove or reverse any transactions or pending payments and the publisher’s account may be deactivated.
c. In the event your account is deactivated, any future applications or accounts you open with 3DPaying.com may also be declined and deactivated and any estimated balances or payments on those accounts may be reversed.
d. In the event you are deactivated from a specific advertiser program from another affiliate network, or removed from that network entirely, such removals by the advertiser are applicable on the 3DPaying.com network as well. Application to such programs will be declined. Approvals for such programs will be rescinded. Failure to disclose such a removal or the continued promotion of such a program using 3DPaying.com promotional materials or links after a program removal constitutes a violation of these terms and may result in account termination and the reversal of any existing or future estimated balances.
15. Capturing User Information
a. Publishers are not allowed to alter the sub-tracking code or otherwise use software, or any means designed to capture personal identifiable information of online visitors that would then be viewable to 3DPaying.com.
b. Publishers are not allowed to request that visitors to their site complete any form that may be hosted on the publisher’s website or a third-party service, through which the user’s information will be redirected or otherwise used to generate a lead or sale for the advertiser program.
c. All leads and sales for advertiser programs must be completed on the advertiser website or through the link that is provided from 3DPaying.com. Any alternations to misdirect or otherwise pass information to the application process of the advertiser form will result in the immediate termination of the publisher account, and all credits will be reversed.
16. Termination
a. The Network retains the right to terminate the Publisher’s account at any time, and for any reason that the Network sees fit. Publishers are not bound to network usage and can close their account with 48 hours’ notice to 3DPaying.com for standard link usage. The right to terminate the policy does not apply to any special agreements, such as Insertion Orders, Bonus Offers, or any other written agreement between the Publisher and 3DPaying.com, which may include special pricing and/or placements, such said agreements have specific terms that apply during the time of that agreement.
b. Any payments that are due to the publisher will be paid thereafter until all payments owed to the publisher are made in full and it is determined that no fraudulent activity or chargebacks occurred per the transactions generated by the publisher’s account.
c. Publishers understand that once an account is closed, all advertising links will be expired, all advertiser relationships will be closed, and previous historical information such as sales and click-thru data may not be available.
d. If the publisher wishes to re-open their account, they must contact [email protected] to make the request.
17. Liability
a. Each party shall indemnify, defend, and hold harmless the other party, and all its associations, from any and all liability, claims, losses, damages, injuries, or expenses brought by a third party arising out of a breach, real or alleged, of any of its representations or obligations herein. No party shall be held liable for the other party for any direct, indirect, special, exemplary, consequential or incidental damages, even if informed of the possibility of such damages.
18. Advertiser-Specific Terms and Conditions
a. Publishers are to adhere to all Advertiser-specific terms and conditions that are detailed by an individual program’s Advertiser and described within that program’s Agreement & Terms tab on 3DPaying.com.
19. E-Mail Communications from 3DPaying.com
a. 3DPaying.com newsletters generally pertain to new affiliate advertising opportunities, increased payouts, and important product changes. The email address that we will be sending updates and compliance issues from is [email protected]. Please add it to your address book so that it is not blocked by Spam filters. These notices can also be viewed once you log into your account.
b. 3DPaying.com may at times offer promotional cash bonuses for new or existing clients. These offers are only available for limited periods of time for those who choose to take advantage of the promotion during the time that the offer is being presented. Once the client meets the requirement of the promotional offer, the promotional bonus will be applied to the client’s check within 30 days. Promotional offers are only applied to valid sales or leads, and they cannot be combined with other promotional offers or transferred to other clients. 3DPaying.com reserves the right to cancel any promotion that is being published to new or existing clients who have not locked in the promotion to their 3DPaying.com account.
c. You can manage your email preferences by logging into PublisherPro and visiting your Account settings.
d. Please note that as a condition of your ongoing affiliation with approved advertisers, 3DPaying.com is required to send you program update notices related to the promotion of those programs, including updates to ad creative, payouts and more. So long as you remain approved for the program, these notices will be sent to you. In the event that you no longer wish to receive such emails, you will need to request the deactivation and removal of the program from your account by emailing [email protected] with your request.
20. Referral Program
a. 3DPaying referral program earnings estimates and payments are subject to the same quality and compliance review processes as other payments made to publishers in this agreement. They may be adjusted for accounting corrections, advertiser chargebacks, voided partially or completely or otherwise corrected to match what has actually been approved and paid by Advertisers. In the event of an overpayment, 3DPaying reserves the right to request a refund or repayment of the overpayment and the Publisher agrees to comply. You hereby agree to repay the overage back to 3DPaying in the event of an adjustment.
b. To earn a share of revenue from referred publishers, the publishers you refer must: (a) use your referral link when they join 3DPaying; (b) not already be registered to the 3DPaying platform; (c) use only registered and approved traffic sources and promotional methods; (d) adhere to these same terms and conditions, in their entirety.
c. Membership in this program is subject to maintaining a good standing and an approved Publisher account. It is terminated and subject to reversals when the Publisher account is terminated or reversed. In its sole discretion, 3DPaying may terminate Publisher’s membership in the 3DPaying referral program at any time, with or without notice.
d. 3DPaying.com holds the right to adjust the program, such as, but not limited to – revenue tier levels, earning payment % thresholds, etc. In addition, reserves the right to discontinue the 3DPaying referral program at any time with 30 days’ notice to all publishers. Any earned revenue, prior to the announcement, will be paid to the publisher if the publisher is abiding by all terms and conditions.
e. For reasons of security and privacy for all parties, 3DPaying shares limited information about the details and performance of referred publisher accounts and will only disclose information that, in its sole discretion, deems relevant for describing the success and estimated earnings of those who were referred. 3DPaying reserves the right to modify the amount and nature of the shared information at any time without prior notice.
21. Change in the Terms and Conditions
a. 3DPaying.com reserves the right to change any of the terms and conditions policies of the 3DPaying.com Publisher / Affiliate Network at any time and without notice to the publisher. It is up to the publisher to regularly review the Terms and Conditions that are set forth in this agreement to make sure that the publisher is abiding by all the said terms and conditions.
22. Promotional Advertisements
a. Any and all promotional offers provided in the Network, by 3DPaying.com, whether contests, additional payouts, tier levels, reward programs, limited time offers, online and offline promotions, referral programs, email offers, bonuses, convention related materials, etc., unless they are signed IO’s, from both the Publisher and 3DPaying.com, Publishers understand and abide that 3DPaying.com has the right to modify these terms and payout conditions. It is understood that 3DPaying.com cannot be held liable for any incorrect advertising, or non-specific promotions, or payouts of any kind. In addition, 3DPaying.com will do its best to make sure all payouts are accurate in the system for all advertiser programs or any program offered exclusively by 3DPaying.com, but in the event there is a miscalculation, incorrect payout, regardless if a promotional, or standard payout, and regardless for the reason, whether due to automations, human error, or outside sources, 3DPaying.com will not honor any payout discrepancies and it is up to the publisher to confirm with the affiliate manager any payout listed or otherwise advertised for any program prior to any media launch, or otherwise use of the advertising link.
23. Verbal and Written Communications
a. The 3DPaying.com Terms and Conditions supersede any communications provided by any employees or contractors that work for or on behalf of 3DPaying.com.