Mailjet Corporate Affiliate Program - Terms of Service - Email Marketing - SMTP services - Mailjet

Mailjet Corporate Affiliate Program
Terms of Service

By signing up to be an Affiliate in the Mailjet Affiliate Program (“Affiliate Program”) you acknowledge that you have read and understand this agreement, and you agree to be bound by the following terms and conditions (“Terms of Service”).

Mailjet reserves the right to update and change these Terms of Service from time to time without notice. Commission amounts may change at any time during the Affiliate Program, upon prior notice (including by email and/or reflecting such changes on the Affiliate Program Site). Any new features that enhance the current Affiliate Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Affiliate Program after any such changes shall constitute your express acceptance and consent.

Violation of any of the terms below will result in suspension or termination of your Account and/or forfeiture of any outstanding Affiliate commission payments earned during the period of the violation.

1.Account Terms

You must be registered to do business or be a valid corporation.
You must identify your website(s), and it must remain fully functional.
You must provide your company name, representative full name, a valid email address, and any other information requested in order to complete the signup process.
Your account login may only be used by one person; a single login shared by multiple people or companies is not permitted.
You are solely responsible for maintaining the security of your account and password. Mailjet will not be liable for any loss or damage from your failure to comply with this obligation.
You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account). You may not use the Affiliate Program for any illegal or unauthorized purpose.
You may not use the Affiliate Program to earn any fees on your own Mailjet accounts.

2.Special links and graphics / License / IP

Once you have been enrolled in the Affiliate Program, you will be sent an Affiliate Referral Link. We will grant to you a non-exclusive, limited permission to use our trademarks, service marks, logos, trade names and other branding features as designated by us and as available on the Affiliate Platform in where you are to respect our guidelines, link styles, and graphical artwork to use in linking to Mailjet. Any goodwill accruing to our trademark from use hereunder shall inure to our sole benefit as the sole trademark owner.

In this respect and solely for the purposes authorized by this Affiliate Program, you are permitted to place links, banners, or other graphics we provide with your Affiliate Referral Link on your site, in your emails, or in other communications.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats (“Special Links”) to be used in all links on your site to the Affiliate Platform. You must ensure that each of your links properly utilizes such Special Links. You will earn referral fees only with respect to sign­ups on a Mailjet Affiliate Platform occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to these Terms of Service. Special Links must direct to the home page of Mailjet. Deep links or links to other pages other than our home page will not earn any referral fee accrual.

We reserve the right to immediately suspend or terminate your participation in the Affiliate Program if we believe you have engaged in any of the following:

  • Unsolicited mass email solicitations, IRC postings or any other form of spamming, or otherwise that violate Mailjet’s anti­-spam policies or the pertinent laws in effect;
  • Provide inaccurate or incomplete information to Mailjet concerning your identity, address or other required information;
  • Attempt to cheat, defraud or mislead us in any way;
  • Misrepresent to the public the terms and conditions of our or your websites;
  • Engage in popup advertisement network activities;
  • IFrames may not be used unless given express permission by Mailjet; sales made through hidden IFrames or Cookie stuffing methods will not earn any credit.

You are free to bid on PPC networks for keywords related to our emailing services with the intent to direct traffic to Mailjet. You are not authorized however in using our brand name or trademark in bidding.
You acknowledge that you obtain no intellectual property rights or licenses by these Terms of Service except for those licenses expressly granted herein.

3. Referral fees / Commissions and payment

For a sign-up to be eligible to earn a referral fee, your customer (the “Customer”) must click­ through one of your Special Links. The Customer must sign up for our product within a maximum period of thirty (30) days after the first session. The first session will activate a cookie linking the Customer’s visit to you as Affiliate for a 30 days period. If the Customer leaves the site, comes back later on its own within this 30 days period, and registers effectively as a Customer, you will earn a referral fee on any future purchases by this Customer. If the Customer clicks on 2 or more different Affiliate Program links, only the first link will be stored in the cookie.

The referral fee that may be earned is detailed as follows:

  • Mailjet shall pay a one-time new Affiliate payment of $120 for every new paying Customer generated by your Special Links.
  • Mailjet reserves the right not to pay a referral fee for any new Customer that subsequently downgrades a plan, deletes an account or demands a refund.

Commissions are only paid on business generated through properly formatted Special Links that were automatically tracked by our systems. We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods, all as determined in our sole discretion.

Commissions are paid by wire transfer. You are required to provide us with your bank account information to receive commissions.

4. Identifying yourself as a Mailjet Affiliate

You may not issue any press releases with respect to your participation in the Affiliate Program without our written consent; such action may result in your termination from the Affiliate Program. In addition, you may not in any manner misrepresent or embellish our relationship (i.e. represent that you develop our products, that you are part of Mailjet, or express or imply any relationship or affiliation between us except as expressly permitted by these Terms of Service) including by expressing or implying that we support, sponsor, endorse, or contribute money to any cause.

You may not purchase products through your Affiliate referral links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or terminate your participation in the Affiliate Program.

5. Customers

Customers who buy products through this Affiliate Program will be deemed to be our Customers. Accordingly, all of our rules, policies, and operating procedures concerning Customer orders, Customer service, and product sales will apply. We may change our policies and operating procedures at anytime. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your own site, you should not display the product prices. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product or solution.

6. Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. You will be solely responsible for including but not limited to the following:

  • The technical operation of your site and all related equipment.
  • Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site).
  • The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product­‐related materials and any information you include within or associate with Special Links).
  • Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights).
  • Ensuring that materials posted on your site are not libelous or otherwise illegal.
  • Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

7. Compliance with Laws

As a condition to your participation in the Affiliate Program, you agree that while you are an Affiliate Program participant you will comply with all laws, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements, whether they are now in effect or later come into effect during the time you are an Affiliate Program participant. You also agree that as a condition of your participation in the Affiliate Program you will comply with all applicable laws that govern marketing email, including without limitation to the anti­‐spam and data protection laws in effect.

8. Term

The term will begin upon our acceptance of your Affiliate Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to any Affiliate Platform, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Affiliate Program. Mailjet reserves the right to end the Affiliate Program at any time. Upon program termination, Mailjet will pay any outstanding earnings accrued above $120/€120/£120 not in violation of these Terms of Service.

9. Termination

Mailjet, in its sole discretion, has the right to suspend or terminate your participation in the Affiliate Program, or any other Mailjet service, for any reason at any time. Such termination will result in deactivation of your Affiliate Referral Link and/or your access to your Account, and the forfeiture and relinquishment of all potential or to­‐be­‐paid commissions in your Account in violation of these Terms of Service.

10. Relationship of Parties

You are an independent contractor, and nothing in these Terms of Service will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in these Terms of Service.

11. Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with these Terms of Service or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total referral fees for the previous 12 month period paid or payable to you under these Terms of Service.

12. Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or any products sold through the Affiliate Program (including, without limitation, warranties of fitness, merchantability, non­‐infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Affiliate Platform will be uninterrupted or error­‐free, and we will not be liable for the consequences of any interruptions or errors.

13. Independent Investigation

You acknowledge that you have read and agree with all these Terms of Service. You understand that we may at any time (directly or indirectly) solicit Customer referrals on terms that may differ from those contained herein or operate web sites that are similar to or compete with your website. You have independently evaluated the desirability of participating in the Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in these Terms of Service.

14. Arbitration

Any dispute relating in any way to these Terms of Service (including any actual or alleged breach hereof), any transactions or activities under these Terms of Service or your relationship with us shall be submitted to confidential arbitration in Paris, France. Arbitration under this agreement shall be conducted under the rules then prevailing under the Commercial jurisdiction of Paris, France. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

15. Miscellaneous

This Agreement will be governed by the laws of France, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent.

The failure of Mailjet to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Mailjet and govern your use of the Service, superseding any prior agreements between you and Mailjet (including, but not limited to, any prior versions of the Terms of Service).