The purpose of the VibePay affiliate programme is to reward streaming affiliates for any new customers that they refer to VibePay via a donation through StreamLabs or Stream Elements by properly advertising the VibePay app through legitimate methods.
By clicking on the ‘join”’ icon you agree to abide by the terms and conditions detailed in this Agreement.
VibePay streaming affiliate Programme Terms and Conditions
“this Agreement” shall mean the contents of the contract between VibePay and the streaming affiliate in respect of the Programme.
“VibePay” shall mean VibePay of (Company No. 05306504), whose registered office is at First Floor, Old Street Works, 201 City Road, London, EC1V 1JN, United Kingdom
‘the Site’ shall mean VibePay.com website or app
‘the Programme’ shall mean the Streaming Affiliate Programme as set out on the Site and that is governed by this Agreement.
‘the Link’ shall mean the unique VibeMe link provided by VibePay app to link the streaming affiliate’s website to donate.
‘the streaming affiliate’ shall mean the party who agrees to take part in the Programme.
2. The Programme
2.1) The Programme shall be the streaming affiliate programme as set out on the Site.
2.2) VibePay is entitled to vary, amend or cancel the Programme without giving notice to the streaming affiliate. VibePay may make any such change by publishing any revised terms on the Site.
2.3) The Programme is expressly a consumer to consumer relationship and both VibePay and the streaming affiliate enter into it in a consumer capacity and not as a business.
2.4) The Programme does not entitle the streaming affiliate to represent themselves as an agent, partner or any other form of associate of VibePay other than as a streaming affiliate as expressly provided for in this Agreement.
3. Suitability for the VibePay streaming affiliate Program
3.1) VibePay Reserves the right to terminate this Agreement and the streaming affiliate’s status at any time for any reason whatsoever at its sole discretion.
3.2) In particular if VibePay Seems that the streaming affiliate’s website is inappropriate for the Programme then this Agreement shall be terminated. The streaming affiliate’s website may be deemed inappropriate if in the view of VibePay it contains, promotes or contains links to sites that are:
3.3) discriminatory, sexually explicit or violent material, or
3.3) promote, depict or contain links to material that promote or depict discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age, or
3.4) contains unlawful material, this shall include but not be limited to materials that may possibly violate another’s intellectual property rights, or
3.5) contains information regarding, promotes or links to a site that provides information or promotes illegal activity, or
3.6) for any other reason that is deemed by VibePay (at its sole discretion) to be unsuitable.
3.7) Upon Clicking on the ‘join now button’ you are automatically accepted on the Programme. VibePay Reserves the right to withdraw streaming affiliate status at anytime after you have been accepted onto the Programme for any reason that VibePay Deems relevant. Acceptance into the Programme does not mean that VibePay has specifically approved the streaming affiliate or its website.
4. Legitimate methods of advertising
4.1) In order to receive commissions for referring customers to VibePay via streaming donations, the streaming affiliate must engage in proper advertising. Streaming affiliates found to be engaging in improper advertising shall have their agreement terminated and their streaming affiliate status revoked. VibePay shall be the sole and absolute arbiter of what constitutes proper advertising.
4.2) A non-exhaustive list of examples of improper advertising shall include but not be limited to:
4.2.1) the forwarding of any urls direct to VibePay.com (this includes misspells of the above trademark domain); and
4.2.2) forcing cookies through iframes;
4.2.3) advertising through third party networks; with the exception arising from Clause 4.3 below;
4.2.4) brand bidding (including misspells) for PPC advertising,
4.2.5) including your VibePay Streaming VibeMe link within Unsolicited Commercial Email (UCE) or SPAM,
4.2.6) including any of VibePay Url in search adverts.
4.3) streaming affiliates are permitted to promote VibePay through various social media communities, as a limited exception to Clause 4.2.3 above. However, streaming affiliates are not permitted to create groups or specific web pages in social communities whereby they purport or hold themselves out to be representatives of VibePay.
4.4) VibePay Reserves the right to conclude that you have engaged in an improper method of advertising according to our standards, at our sole discretion. We may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief and is without any duty on VibePay to prove that our opinion or suspicion is well-founded; and even if our opinion is proven not to be well-founded or if other hosting/domain name companies have not deemed it to be an improper method of advertising.
4.5) Any streaming affiliate found to be adopting improper methods of advertising for the purpose of the Programme shall be deemed to have been in breach of this Agreement and shall have their streaming affiliate status revoked. Such a streaming affiliate will therefore immediately cease in being a streaming affiliate of VibePay.
4.6) Any sales that have been generated through improper advertising will not qualify for commission or credit from VibePay.
4.7) Any streaming affiliate found to be utilising these or any other improper methods of advertising may be required to pay back any such commission that has been paid by VibePay to them. If VibePay elects not to enforce this right it shall not be deemed to be a waiver of any other rights that it may have under this Agreement.
5. The Procedure
5.1) Subject to the terms of this Section, we will provide to you all Links, and any related banners, graphics, or text advertisements necessary to promote and offer the VibePay Services to your site’s visitors and/or its members. The VibePay Link may contain any picture, text, logo, graphic, that maybe be attributed with VibePay.
5.2) VibePay Reserves the right to change the content and or display of the Link from time to time in our sole discretion. The link will connect your site with the area on our site (the landing page) where your referral may apply for VibePay products directly with us. The presence of the VibePay Link on your site will serve to identify you as a member of our streaming affiliate Programme.
6. The Payment of Commission
6.1) Once a customer has arrived at our website having followed the Link, their actions on our website will be tracked for 30 days using a cookie. You will earn commission on their first stream donation during the 30 day period. VibePay Will not be responsible for commissions missed due to the cookie being deleted or blocked or in any other way failing to track the customer from the Link.
6.2) streaming affiliates will only earn commission fees only with respect to activity on our site occurring directly through the Link that will appear on their website.
6.3) VibePay is under no obligation whatsoever to pay any commission to any streaming affiliate who does not strictly follow this Agreement as published from time to time.
6.4) VibePay Reserves the right to take legal action against any streaming affiliate that commits fraud, or conspiracy to defraud and to recover any commissions paid to an streaming affiliate which was earned as a result of such fraud. For the purposes of this agreement fraud shall include but not be limited to wittingly violating the terms of this Agreement.
6.5) VibePay will only make a payment to the streaming affiliate when the level of commission due at the end of a given calendar month is above the commission balance threshold.
6.6) the commission balance threshold for the purpose of this agreement is £25.
6.7) VibePay Reserves the sole right to change the commission balance threshold at any time it sees fit without the prior the consent of its streaming affiliates. In the event of a commission balance threshold change VibePay Shall notify all its streaming affiliates of the change before hand. If any modification to the commission balance threshold or the Agreement as a whole is not acceptable to an streaming affiliate, the streaming affiliate shall be entitled to terminate this Agreement. If a streaming affiliate terminates this Agreement for any reason whatsoever then it shall not be entitled to any commission payments earned after it has terminated this Agreement.
6.7) The streaming affiliate’s continuing participation in the Programme constitutes its acceptance of any change to the commission balance threshold or to any other part of this Agreement.
6.8) streaming affiliates that exceed the commission balance threshold will automatically receive notification to send their VibeMe link for payment. Streaming affiliates that do not exceed the commission balance threshold can apply their balance as credit and use it for the renewal of their VibePay Accounts or use this credit to purchase new VibePay Products or services.
6.9) streaming affiliates that do not reach the £25 commission balance threshold in one calendar month will not lose their accrued commission, instead this commission can be used as a credit. Their accrued credit for that particular calendar month will be carried over and applied to the next calendar month, this process shall continue until the client reaches the commission balance threshold when they will be entitled to receive a payment from VibePay.
6.10) VibePay will only pay out commissions on sales that are 60 days old.
Commissions for sales over 60 days old will be paid once the £25 threshold is reached.
6.11) Payments will be set out to streaming affiliates via VibePay app. It is the sole responsibility of an streaming affiliate to make sure that their contact details are up to date and accurate on the VibePay System in order to facilitate the payment reaching them.
6.12) In the event that a streaming affiliate has not received their payment after 28 days, VibePay will resend the streaming affiliate’s payment via VibePay app.
6.13) All missing payments must be followed up within six months of the date of their issue. All missing payments that have not been brought to the attention of VibePay within six months shall be deemed to have been forfeited by the streaming affiliate.
6.14) streaming affiliates will only be paid Commissions for the first stream donation made by their referral customer only. Commissions will not be not paid on orders made by existing VibePay users.VibePay will not pay commission for own donations. The VibePay system will simply not recognise this as an streaming affiliate sale. Web agencies or resellers purchasing domains or products through their account for other people are encouraged to contact VibePay directly for information on how they can become eligible for commission.
6.15) The rates of commission payable to the streaming affiliate from time to time shall be published on the Site and this shall be included in this Agreement as Schedule 1 to it. Schedule 1 may be amended or varied by VibePay at any time without reference to the streaming affiliate. Any revised rates of commission payment shall take effect from the day that the amended Schedule 1 is published on the site.
7. VibePay’s Obligations
VibePay agrees to undertake the following obligations:
7.1) provide all information necessary to allow the streaming affiliate to make necessary the Link from the VibePay.com to the streaming affiliate’s site,
7.2) processing all orders for VibePay Products or services placed by a referral following the Link,
7.3) tracking the number and amount of relevant sales generated through the Link,
7.4) providing information to you regarding commission payments,
7.5) credit card authorisations, payment processing, cancellations, returns, and all other related customer service for VibePay for the purpose of our business, and
7.6) establishing the commission balance threshold, payment frequency and payouts of earned commissions as contained in Section 6 of this Agreement.
8. The streaming affiliate’s Obligations
The streaming affiliate agrees to be solely responsible for the following and shall keep VibePay Fully indemnified in respect of:
8.1) the content of the streaming affiliate’s site or any site that they may be connected to,
8.2) any misrepresentation of VibePay or its products or services,
8.3) making of any false claims, representations or warranties in connection with VibePay,
8.3) ensuring that your site and your products and services that you offer from your site comply with all applicable copyright, trademark, any intellectual property right, Data Protection, anti-spam or any other applicable law,
8.4) obtaining permission to use another party’s copyrighted or any other proprietary material,
8.5) the development, operation and maintenance of the streaming affiliate’s site and for all materials that appear on it. For the purposes of this Agreement this shall include but not be limited to, the technical operation of your site and all related equipment; the accuracy and propriety of materials posted on your site; and ensuring that materials posted on your Site do not violate or infringe upon the rights of any third party and are not libellous or otherwise unlawful or illegal. VibePay hereby disclaim all liability for all such matters,
8.6) streaming affiliates also agree to indemnify and hold harmless VibePay, its parent company, sister companies, subsidiaries and streaming affiliates, and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses, and costs insofar as such arise out of or are based on, or in any way connected with this Agreement.
8.7) complying with all applicable EU- and national laws and regulations in force from time to time this shall include, but not be limited to, the EU-directive 2002/58/EC, and
8.8) the payment of all tax and national insurance payable on any payments made to you by VibePay.
9. Right to Name as a Reference Customer
9.1) streaming affiliates shall not create, publish, distribute, or permit any written or graphical material that makes reference to VibePay other than those mentioned in this Agreement or otherwise provided by VibePay, without the prior written consent of VibePay. VibePay Reserves the right to refuse any request for consent under this Agreement.
10. The License
10.1) VibePay Grants to the streaming affiliate a non-exclusive, non-transferable, revocable right to access the VibePay.com site through the Link solely in accordance with the terms of this Agreement. This license shall be used solely in connection with the Link, and it will extend to the use of our logos, trade names, trademarks and similar identifying material relating to VibePay and which VibePays hall provide to the streaming affiliate, for the sole purpose of establishing the Link to VibePay.com so customers can purchase VibePay products and services.
10.2) streaming affiliates cannot modify or change the Link or any other materials provided by VibePay in any way.
10.3) Other than establishing the Link, the streaming affiliate shall not make any use of any of the licensed materials noted in the aforementioned paragraph provided by VibePay without first obtaining the prior written consent of VibePay. streaming affiliates shall not use the Licensed Materials in any manner that is inappropriate or that is in any way detrimental to the VibePay brand or any other brands.
10.4) VibePay Reserves all of its rights in the materials provided and all of its other proprietary rights. VibePay shall be entitled to revoke this license to use the Link or the materials at any time and at its sole discretion.
10.5) The licenses described in this Section shall expire upon the termination of this Agreement.
10.6) Any inappropriate use of the Link, text, banners or other advertisements not expressly approved of in writing or provided by VibePay may be cause for immediate termination of this Agreement.
11. Terms of the agreement
11.1) The terms of this Agreement will begin upon your signup with the Programme and will end when your streaming affiliate account is terminated.
11.2) Upon the termination of this Agreement any commission that has not yet reached the commission threshold shall be turned into credit which can only be used to purchase products or services from VibePay. streaming affiliates that have reached the £25 commission threshold will be paid via VibePay app the termination of the Agreement subject always to the terms of this Agreement as shall be published from time to time.
112.1) VibePay reserves the right to modify or otherwise change the terms of this Agreement at any time as it sees fit. VibePay shall make such modifications by way of publishing revised terms on the Site. streaming affiliates only remedy in the event of revised terms of this Agreement being published shall be to terminate this Agreement. A streaming affiliate shall be deemed to have accepted of any modification to this Agreement as published from time to time.
13. Limitation of Liability
13.1) VibePay shall not be liable to the streaming affiliate or to any other person, for indirect, incidental, or special damages, lost profits, loss of goodwill, lost savings, or any other form of consequential damages, regardless of the form of action, even if VibePay has been advised of the possibility of such damages, whether resulting from breach of its obligations under this Agreement or otherwise.
13.2) VibePay’s entire liability in respect of any liability arising under this agreement will not exceed the total commission fees paid or payable to the streaming affiliate under this Agreement.
13.3) VibePay Makes no warranties, either express or implied, concerning the performance or functionality of the VibePay services, or the Programme as a whole. This includes but is not limited to the Link or any other streaming affiliate advertisements and hereby expressly disclaims all implied warranties, including warranties of merchantability or fitness for a particular use or purpose.
13.4) VibePay shall under no circumstances be liable to the streaming affiliate or to any other person or entity for any loss, injury, or damage, of whatever kind, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission, or storage of any messages or information arising out of or in connection with the Programme or VibePay.
14. Governing Law
14.1) This Agreement is governed by, and is construed in accordance with the laws of England and Wales.
14.2) The Courts of England and Wales shall have jurisdiction to hear any disputes arising from this Agreement.
14.3) VibePay shall not be liable for the legality of VibePay service in countries other than the United Kingdom.
14.4) streaming affiliates are solely responsible for the legality of the use of the service if the streaming affiliate in question is registered to VibePay service from a country other than the United Kingdom or if the streaming affiliate’s website is on a server in a country other than the United Kingdom.
15.1) By clicking on the ‘join now’ icon the streaming affiliate acknowledges that they have read the terms and conditions of this Agreement, understand them and agree to be bound by them.