Terms and Conditions

1. Introduction

Welcome to RocksAffiliates. These Terms and Conditions govern your use of our affiliate marketing platform and services offered through our website, including any content, functionality, and services offered on or through RocksAffiliates (the "Platform").

By registering as an affiliate or using our Platform in any way, you accept these Terms and agree to comply with them. If you do not agree with these Terms, you must not use our Platform.

2. Definitions

In these Terms, the following definitions apply:

• "Affiliate" means any person or entity that registers with our Platform to promote products or services.
• "Commission" means the amount payable to an Affiliate based on the qualifying actions generated through the Affiliate's marketing efforts.
• "Merchant" means a provider of products or services that can be promoted through our Platform.
• "Tracking Link" means the unique URL provided to the Affiliate for tracking purposes.
• "We," "us," or "our" refers to RocksAffiliates, the company operating this Platform.

3. Affiliate Registration

To become an Affiliate, you must:

• Be at least 18 years of age or the legal age of majority in your jurisdiction, whichever is greater
• Complete our registration form with accurate information
• Have a valid email address and payment information
• Comply with our verification processes if required

We reserve the right to refuse any application for an Affiliate account at our sole discretion. We may also terminate your account if we determine that you have provided false or misleading information during the registration process.

3.1 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security.

4. Affiliate Obligations

As an Affiliate, you agree to:

• Comply with all applicable laws, regulations, and industry best practices in your marketing activities
• Only use approved marketing materials or materials that comply with our branding guidelines
• Not engage in any deceptive, misleading, or unethical marketing practices
• Not engage in spamming or any form of unsolicited marketing communications
• Not make any false or misleading claims about the products or services you promote
• Not attempt to artificially inflate your commission through fraudulent means, including self-clicks, automated clicks, or other deceptive practices
• Not engage in any activity that could damage our reputation or the reputation of our Merchants

4.1 Prohibited Marketing Methods

The following marketing methods are strictly prohibited:

• Bidding on branded keywords of our Merchants without explicit permission
• Cookie stuffing or any attempt to force cookies on users without their knowledge
• Using typosquatting domains or misleading URLs
• Incentivized traffic without proper disclosure
• Marketing on sites that contain illegal content, adult content, violence, discrimination, or any content deemed inappropriate
• Using any method that violates third-party terms of service (e.g., social media platform rules)

5. Commission and Payments

Commissions are calculated based on the qualifying actions generated through your Tracking Links, as defined in our Commission Structure, which may vary by Merchant or promotion.

5.1 Commission Rates

Commission rates are set forth in the Platform and may be updated from time to time. We will make reasonable efforts to notify you of any material changes to commission rates.

5.2 Qualifying Actions

Only valid, verified actions qualify for commission. We reserve the right to determine whether an action qualifies for commission based on our tracking system and verification processes.

5.3 Payment Terms

Payments are made according to the following terms:

• Payments are processed on a monthly basis for commissions earned in the previous month
• A minimum payment threshold of $50 applies unless otherwise specified
• Payments are made via the payment method selected in your account settings
• Payment processing may take up to 15 business days
• Any applicable fees for payment processing may be deducted from your commission

5.4 Commission Disputes

If you believe there is a discrepancy in your commission calculation, you must notify us within 30 days of the commission being posted to your account. After this period, all commissions are deemed accepted and accurate.

6. Tracking and Reporting

We will provide tracking and reporting tools to help you monitor your performance. While we make every effort to ensure the accuracy of our tracking system, we cannot guarantee 100% accuracy due to technical limitations, including but not limited to cookie deletion, browser settings, and ad blockers.

You agree that our tracking and reporting system shall be the sole determinant of qualifying actions and commissions unless proven otherwise with substantial evidence.

7. Intellectual Property

All content on the Platform, including but not limited to text, graphics, logos, images, and software, is the property of RocksAffiliates or our licensors and is protected by copyright and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable license to use our marketing materials solely for the purpose of promoting products or services through our Platform. This license terminates automatically if your Affiliate account is terminated for any reason.

You may not modify, reproduce, distribute, or create derivative works based on our content without our explicit permission.

8. Privacy and Data Protection

Our Privacy Policy, available at Privacy Policy, forms part of these Terms. By using our Platform, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

As an Affiliate, you may receive personal data of users who interact with your marketing materials. You agree to:

• Comply with all applicable data protection laws
• Only use personal data for the purposes explicitly permitted by us
• Implement appropriate security measures to protect personal data
• Delete or return all personal data when requested by us or when no longer needed
• Notify us immediately of any data breach affecting personal data you have received through our Platform

9. Term and Termination

These Terms shall remain in effect until terminated by either party.

9.1 Termination by You

You may terminate your Affiliate account at any time by providing written notice to us. Any pending commissions will be paid according to our payment schedule, provided they meet our minimum payment threshold.

9.2 Termination by Us

We may terminate your Affiliate account at any time, with or without cause, by providing written notice to you. We may also suspend or terminate your account immediately without notice if:

• You breach any provision of these Terms
• You engage in fraudulent activity
• You damage our reputation or the reputation of our Merchants
• We are required to do so by law or by our Merchants

9.3 Effect of Termination

Upon termination:

• You must cease all marketing activities related to our Platform
• You must remove all Tracking Links and marketing materials from your websites and other marketing channels
• Any pending commissions may be forfeited if termination is due to a breach of these Terms
• Sections of these Terms that by their nature should survive termination shall survive, including but not limited to provisions related to intellectual property, liability, and dispute resolution

10. Modifications to the Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our Platform and/or by sending you an email notification. Your continued use of the Platform after such modifications constitutes your acceptance of the modified Terms.

11. Limitation of Liability

To the maximum extent permitted by law, RocksAffiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with these Terms or your use of the Platform.

Our total liability for any claims arising from or related to these Terms shall not exceed the amount of commissions paid to you in the six months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless RocksAffiliates and our officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your marketing activities
• Your violation of any rights of a third party
• Your violation of any applicable laws or regulations

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of laws principles.

Any dispute arising out of or relating to these Terms shall be resolved through:

1. Informal negotiation: The parties shall attempt to resolve the dispute through good-faith negotiation.
2. Mediation: If negotiation fails, the parties shall seek the assistance of a mediator.
3. Arbitration: If mediation fails, the dispute shall be resolved through binding arbitration in accordance with the rules of [Arbitration Association] in [Your Jurisdiction].

14. Miscellaneous

14.1 Entire Agreement

These Terms constitute the entire agreement between you and RocksAffiliates regarding your use of the Platform, superseding any prior agreements or communications.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights and obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

14.5 Contact Information

For questions about these Terms or the Platform, please contact us at:

Email: support@rocksaffiliates.com
Address: 26 Edward St, North Sydney NSW 2060, Australie