TO BECOME A ENERGIZE MERCHANT SERVICE’S REFERRAL PARTNER, ALL APPLICANTS MUST AGREE TO THE FOLLOWING TERMS & CONDITIONS, WHICH SHALL CONSTITUTE A LEGAL AGREEMENT (THE “AGREEMENT”) BETWEEN YOU (“AFFILIATE/REFERRAL PARTNER”) AND THE ENERGIZE MERCHANT SERVICE’S GROUP* (“E.M.S.”).
BY CLICKING “REGISTER WITH ENERGIZE MERCHANT SERVICES”, THE AFFILIATE IS AGREEING THAT THEY HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS WITHIN THIS AGREEMENT AND AGREE TO BE LEGALLY RESPONSIBLE FOR ALL TERMS AND CONDITIONS.
In order to become an Affiliate through our program, you first need to complete the application through our Affiliate Program page. You must not use a fake alias with the aim of masking your true identity, and we expect you to fill in the form with true and accurate information.
After receiving your application, we will review it and notify you with the results of our check within a few days. We reserve the right to reject any application. However, in case you feel that our decision is unjust, you are free to contact us at any time at the following email address firstname.lastname@example.org, and we will be happy to review your application a second time.
2. Social Media Advertising
You are permitted to run advertising campaigns on Social Media (Facebook, Instagram, Twitter, etc.), provided that you follow our general guidelines:
- You are allowed to promote Energized Merchant Services and our products on your own Facebook page.
- Creating a social media account that includes Energized Merchant Services and its trademarked material in the page’s name is not allowed.
Any violation of these terms would result in the immediate termination of our collaboration.
Termination of our collaboration would take place in the following cases:
- The Affiliate engages in forbidden promotional activities, as described in sections 1
- The Affiliate is not active for 12 consecutive months. Which means, the Affiliate does not provide any conversion in the consecutive 12 months since their last registered conversion.
Compensation will be paid by Energized Merchant Services on a Per Lead, or Per Valid Registration or Per Order basis. Affiliates will be paid based on monthly referral activities, and according to our stated Payment Scale. The amount of the commission may vary according to which offer or which product you are promoting.
Lead: A “Lead” means any contact entered into our internal CRM system, that is interested in opening a new account or switching from their current processor to Energized Merchant Services. The contact information provided must be genuine and valid as deemed by Energized Merchant Services. Any Lead in Energized Merchant Service’s CRM which originated from the Affiliate will be automatically attributed to the Affiliate’s account.
Valid Registration: A “Valid Registration” means any valid registration, where the Lead completes applicable web registration with valid details. This includes their bank account details so they can receive payments.
Per Order: An “Order” means any successfully paid order of any of Energized Merchant Services hardware products as specified in the campaign the Affiliate is assigned to by Energized Merchant Services. Sales which are made through refer-a-friend or Energized Merchant Services Consultant program are not eligible for commission. We inform you that this is the current compensation scheme.
The currency of Energized Merchant Services Affiliate Program is in British Pound (£)
Energized Merchant Services reserves the right to remove (scrub) fraudulent, invalid or undesirable Leads, Valid Registrations or Orders and not compensate the Affiliate for these said Leads, Valid Registrations or Orders.
5. Method of Payment
Energized Merchant Services, in its sole discretion, shall make payments to an Affiliate by any method. In order to receive payment, the Affiliate must complete the Affiliate Program Contact Form.
In order to receive the payout from Energized Merchant Services, the Affiliate should send an invoice to the following email email@example.com. The Affiliate should include all the relevant information. Remember that our company title is “Energized Merchant Services.”
Additionally, if the distance between the date of your generated orders and the date in which you send us an invoice is longer than 6 months, we regret to inform you that your payouts cannot be processed. Furthermore, we inform you that we will not process payment requests referring to conversions that didn’t take place within the same current calendar year.
Only after successfully reaching the minimum payout order can you acquire the final payment prior to the termination of the Affiliate partnership.
6. Invoicing and VAT
Your successful referrals are treated as a service from you to us. Therefore, VAT may be chargeable on this service. If VAT is chargeable, it will be payable out of the commissions we pay you. If VAT needs to be paid by us, we will pay the commission to you net of VAT. If VAT needs to be paid by you, we will pay the full commission to you but you need to pay VAT. In order for you to issue an invoice to us for the referral service, you agree that we may issue the invoice to ourselves on your behalf ("self billing"). For this purpose, you agree that you will provide us with any information we reasonably request from you, including but not limited to your tax status, tax numbers, residence and place of business. You must immediately inform us of any change in the information you provided us.
7. Revision of Commission Rates
Energized Merchant Services reserves the right to change any commission rate structure at any time. Energized Merchant Services may provide such notice via the email address associated with an Affiliate’s account information.
8. Cookie Length
Energized Merchant Services tracks referrals by the use of browser cookies. The life span of the cookie is thirty (30) days, which means that if a user returns clicks on your ad, doesn’t convert but then returns to our website within 30 days and places an order, that referral will still be attributed to your Affiliate’s account.
9. Duplicate Referrals
Once a referral is recorded as a Lead in our CRM system, the lead belongs to the referring affiliate for one (1) month. If the same referral is referred by a second affiliate during this one (1) month, this is not considered a valid Lead, and will not show up in any referral statistics.
We reserve the right to disapprove the commissions that on the Affiliate platform are recorded as duplicates. Therefore, it might happen that the sales amount on your side differs from the payout that we are delivering to you. However, you’re very welcome to send us an email at calvin@ energizedmerchantservices.com in case you need explanations or proof of duplicate sales.
We do not permit SPAM of any kind. This includes, but is not limited to:
- Sending unsolicited emails.
- Posting to any inappropriate newsgroups that do not allow business content.
- Using the “Energized Merchant Services” name in any unsolicited communications. 11. Limited License
Energized Merchant Services grants Affiliate a limited, non-exclusive, non-transferable license, during the term of the Affiliate’s participation in Energized Merchant Services Affiliate Program, to use text and images owned by Energized Merchant Services (including any trademarks owned or licensed by Energized Merchant Services) for the sole purpose of marketing, advertising and promoting Energized Merchant Services. Affiliate may not alter or modify any link or banner provided by Energized Merchant Services, or any of Energized Merchant Services images in any way without Energized Merchant Services express written permission.
Energized Merchant Services reserves all of its rights in its trade names, trademarks, and all other intellectual property. The license herein granted to Affiliate shall automatically and immediately cease upon the termination of Affiliate’s participation in the Energized Merchant Services Affiliate Program. Any continued use of our IP beyond the relationship will be a breach of our IP rights and we will seek recourse against you.
Except for the rights expressly granted herein, this Agreement does not transfer any intellectual property or technology of Energized Merchant Services to Affiliate; and all rights, title and interest in such intellectual property and technology, whether developed, licensed or owned by Energized Merchant Services shall remain with Energized Merchant Services. Affiliate agrees that it will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets of Energized Merchant Services.
11. Relationship of the Parties
Each party shall be deemed as independent contractors with respect to the subject matter of this agreement, and nothing contained in this agreement shall be deemed or construed in any manner as creating any partnership, joint venture, employment, agency, fiduciary, or other similar relationship. Affiliate will be responsible for all owed taxes on the compensation paid by Energized Merchant Services. Affiliates are referred to as an Affiliate in this agreement only to identify their rights and obligations hereunder and such Affiliates are not and shall not be an affiliate of Energized Merchant Services for any other purpose. Neither party has the authority to bind the other.
12. Limitation on Liability
Energized Merchant Services shall not be liable to an Affiliate or to any other third party for any consequential, indirect, special, incidental, reliance, or exemplary damages arising out of or relating to this Agreement or the Energized Merchant Services services, whether foreseeable or unforeseeable, and whether based on breach of any express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort, or other cause of action (including, but not limited to, damages for loss of data, goodwill, profits or interruption in use or availability of data), even if such party has been advised of the possibility of such damages. Further, Energized Merchant Services aggregate liability to any Affiliate arising with respect to this agreement and under the Affiliate Program will not exceed the total compensation paid or payable by Energized Merchant Services to such Affiliate under this agreement.
The Affiliate shall indemnify and hold Energized Merchant Services harmless from any and all losses, claims, damages, liabilities and expenses, including attorney's fees and costs arising out of (i) the manner that the Affiliate finds Leads and (ii) Affiliate’s failure to comply with applicable law.
14. Term and Termination
Energized Merchant Services may terminate this Agreement:
- Upon ten (10) days prior written notice if the Affiliate fails to refer any Leads to Energized Merchant Services for a period of ninety (90) days or more;
- If Affiliate fails to generate at least ten (10) Valid Registrations during any continuous twelve (12) month period;
- If, at their sole discretion, Energized Merchant Services chooses to end partnership with the Affiliate based on a business decision;
- If, in Energized Merchant Services sole discretion, Affiliate is deemed to be in violation of any provision of this Agreement;
- Upon the insolvency or dissolution of Affiliate; or
- Upon the change in control of Affiliate, via the acquisition of the Affiliate by another entity.
- If this Agreement is terminated by Energized Merchant Services pursuant to this Section 16, or if Affiliate breaches this Agreement, Energized Merchant Services shall have no further obligations for payment of any compensation to Affiliate under this Agreement.
15. Compliance With Applicable Law
The Affiliate shall fully comply with all laws, statutes and federal and/or state regulations in the performance of any activities under this Agreement.
The Affiliate shall not have the right to assign this Agreement without the prior written consent of Energized Merchant Services. Energized Merchant Services has the right to assign any right, duty, obligation, or interest in this Agreement whatsoever to any party without the written consent of any Affiliate. Nothing in this Agreement is intended to confer any rights or remedies on any entity that is not a party to this Agreement.
17. Modification and Amendment
Except as otherwise provided herein, Energized Merchant Services may modify any of the Terms and Conditions in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, but are not limited to, changes in the scope of available commission fees, residual fees, payment procedures, and Affiliate Program rules. If any modification is unacceptable to an Affiliate, the Affiliate’s only recourse is to terminate this Agreement. An Affiliate’s continued participation in the Affiliate Program following our posting of a change notice, or a new agreement on our site, will constitute binding acceptance of the change. Affiliate may not amend or waive any provision of this agreement unless such amendment or waiver is in writing and signed by Energized Merchant Services.
18. Independent Investigation
Affiliates acknowledge that they have read this Agreement and agree to all of its Terms and Conditions. The Affiliate understands that Energized Merchant Services may at any time (directly or indirectly) solicit customer referrals from other parties on terms that may differ from those contained in this Agreement. Affiliate has independently evaluated the desirability of participating in the Affiliate Program and is not relying on any representation, guarantee, or statement other than as set forth in this agreement.
19. Electronic Communications
The Affiliate agrees that all agreements, notices, disclosures and other communications that Energized Merchant Services provides to Affiliate electronically satisfy any legal requirement that such communications be in writing.
20. Governing Law
This Agreement shall be governed and interpreted in accordance with the laws of the country of incorporation of the counterpart entity to this agreement within the Energized Merchant Services group*, without regard to the conflicts of laws and principles thereof. The Affiliate consents to the exclusive jurisdiction in the state and/or federal courts located in Energized Merchant Services country entity, in any dispute involving this Agreement.
* Energized Merchant Services group refers to: Energized Merchant Services (when registering on behalf of a UK entity or as a UK resident)
*Already a referral partner and have a business? To refer click Here to enter their details.