Affiliate Partnership terms of use

Last updated: July 14, 2023

Affiliate Partnership Terms and Conditions

As a person cooperating with Podcastle.ai in the Partnership Program as defined below, you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting podcastle.ai as an Affiliate Partner. The terms and conditions contained in this Agreement apply to your participation in the Podcastle affiliate program. The terms “Affiliate,” “Partner” and “Affiliate Partnership Program” are used in this Agreement for convenience only and do not create any legal agency, partnership, affiliation or joint venture of any sort between Podcastle.ai and you, other than the legal relationship established below, and none of your actions may bind Podcastle.ai on any contractual or other matter. This Agreement is not assignable or transferable by either party without the prior written consent of the other party.Your participation in the Program is solely to legally advertise our website to receive a commission on qualifying actions by individuals referred by You to podcastle.ai through your own website or personal referrals.

By signing up for the podcastle.ai Affiliate Partnership Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.

Terms used but not defined in herein will have the meanings assigned to them in our Terms of Use.

Enrollment in the Partnership Program

You must submit a PartnerProgram application from our website. You must accurately complete the application to become a Partner(and provide us with future updates) and not use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you of your acceptance or rejection to the Partnership Program, generally within two (2) business days. We may accept or reject your application at our sole discretion for any reason.

Obligations of the Parties

Subject to our acceptance of you as an Affiliate Partner and your continued compliance with the terms and conditions of this Agreement, podcastle.ai agrees as follows:

We will make available to you via the Affiliate Partnership Program graphic and textual links to the Program Web Site and/or other creative materials (collectively, the “Links”), which you may display on web sites owned or controlled by you, in emails sent by you and clearly identified as coming from you and in online advertisements (collectively, “Media”). The Links will serve to identify you as a member of our Affiliate Partnership Program and will establish a link from your Media to the Program Web Site.

We will pay the Partner an aggregate commission of 20% for the whole amount comprised of all Qualified Actions per month or year, depending on the applicable plan You chose (the “Commission”). A “Qualified Action” means an individual person who (i) accesses the Program Web Site via the Link, where the Link is the last link to the Program Web Site, (ii) is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person, (iii) is not using pre-populated fields (iv) completes all of the information required for such action within the time period allowed by Podcastle, (v) Subscribes to one of Podcastle paid plans and makes a payment (vi) is not refunded as requested by the customer or due to a chargeback, (vii)Podcastle cookies are not deleted from the referred individual’s browser within 90 days after referral and (viii) is not later determined by Podcastle.ai, at its sole discretion, to be fraudulent, incomplete, unqualified or a duplicate.

Fraudulent leads are defined as any lead that is:

(i) generated by means of any device, program, or robot;

(ii) generated using stolen credit cards; or

(iii) manually created in bad faith by the Affiliate Partner or the person referred by the Partner with the direct intent to artificially inflate commissions payable to You.

From time to time Podcastle may introduce additional promotional offers and/or incentive bonuses. Promotional offers cannot be combined with other performance incentive bonuses. If multiple bonus or promotional offers coincide, Partners will receive the largest bonus out of all the bonus or promotional offers which they qualify.

Payment Process and Structure

Affiliate Partners are paid monthly after a threshold of minimum earnings in the amount of $50 is met. Therefore, the Afiliate Partner must reach at least $50 in affiliate partner commissions to receive the payment. All other Partners are subject to the pay terms of the platform from which they pull their partner links.

Podcastle will pay to the Affiliate Partner a Commission in the amount of 20% for each paid Conversion Amount, and this rate applies to both annual and monthly plans. Conversion means the completed action of subscribing by a third party to Podcastle’s paid service subscription plan by means of the Partner’s assistance or mediation. Conversion Amount means the amount the third party pays for the Podcastle’s plan subscribed. For the yearly plan Conversion the Commission shall be paid to the Partner in a lump sum for the Conversion Amount of the year, and for the monthly plan Conversion, the Commission shall be paid to the Partner for 12 months on the monthly basis. For the avoidance of doubt: Commissions for both plans are paid for the first year of subscription only.

Podcastle shall automatically generate an invoice on behalf of Partner for all Commissions payable under this Agreement and shall remit payment to Partner based upon that invoice. All tracking of Links and determinations of Qualified Actions and Commissions shall be made by Podcastle in its sole discretion. In the event that Affiliate Partner disputes in good faith any portion of an invoice, Affiliate Partner must submit that dispute to Podcastle in writing and in sufficient detail within thirty (30) days of the date on the invoice. If Affiliate Partner does not dispute the invoice as set forth herein, then Affiliate Partner agrees that it irrevocably waives any claims based upon that invoice. In the event that Affiliate Partner is also tracking Qualified Actions and Affiliate Partner claims a discrepancy, AffiliatePartner must provide Podcastle with Affiliate Partner’s reports within three (3) days after 30th day of the calendar month, and if Podcastle and Affiliate Partner’s reported statistics vary by more than 10% and Podcastle reasonably determines that Affiliate Partner has used generally accepted industry methods to track Qualified Actions, then Podcastle and Affiliate agree to make a good faith effort to arrive at a reconciliation. If the parties are unable to arrive at a reconciliation, then Podcastle numbers shall govern.

If Affiliate Partner has an outstanding balance due to Podcastle under this Agreement or any other agreement between the Affiliate Partner and Podcastle, whether or not related to the Partnership Program, Affiliate Partner agrees that Podcastle may offset any such amounts due to Podcastle from amounts payable to Partner under this Agreement.

The commision is calculated on Net Amount received from Qualified Action, which is Gross Amount received by Podcastle, less any taxes, fees, refunds, and chargebacks.

We may change the commission structure, payment threshold, volumes and payout mechanisms from time to time at our sole discretion. If there is a material change, we will notify you through an official email indicating when the change enters into force. If you do not agree to any such change, your sole remedy is to terminate your Partner account.

As Partner You agree to:

Have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.

Ensure that all materials posted on your Media or otherwise used in connection with the Affiliate Partnership Program:

(i) are not illegal,

(ii) do not infringe upon the intellectual property or personal rights of any third party and

(iii) do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities (such as gambling), contains profanity or otherwise contains materials that Podcastle informs you that it considers objectionable (collectively, “Objectionable Content”).

Not make any representations, warranties or other statements concerning Podcastle or Client or any of their respective products or services, except as expressly authorized herein.

Make sure that your Media does not copy or resemble the look and feel of the Program Web Site or create the impression that your Media is endorsed by Podcastle or Clients or a part of the Program Web Site, without prior written permission from us.

Comply with all (i) obligations, requirements and restrictions under this Agreement and (ii) laws, rules and regulations as they relate to your business, your Media or your use of the Links.

Comply with the terms, conditions, guidelines and policies of any third-party services used by Affiliate in connection with the Affiliate Partnership Program, including but not limited to, email providers, social networking services and ad networks.

Always prominently post and make available to end-users, including prior to the collection of any personally identifiable information, a privacy policy in compliance with all applicable laws that clearly and thoroughly discloses all information collection, use and sharing practices, including providing for the collection of such personally identifiable information in connection with the Affiliate Partnership Program and the provision of such personally identifiable information to Podcastle and third party subscribers for use as intended by Podcastle and third party subscribers.

Make sure to not place Podcastle ads on any online auction platform (i.e. eBay, Amazon, etc).

Give Podcastle the right to terminate Affiliate Partner’s Podcastle Affiliate Partnership account if there is inactivity during any 12-month period, which includes but is not limited to

(i) no impressions, clicks, leads, or sales generated,

(ii) not responding to emails from the Podcastle Affiliate Partnership Marketing Manager, or

(iii) having an incomplete account profile. If the account is terminated, any unpaid Commissions will be paid out, regardless of whether the threshold is met or not.

Give Podcastle the right to terminate Affiliate Partner’s Podcastle Partnership account and void all Commissions earned if Partner fails to provide legitimate and proper payment details (paypal email).

Should Partner choose to leave the Partnership Program, Partner shall notify Podcastle at: affiliate@podcastle.ai

The following additional program-specific terms shall apply to any promotional programs set forth below:

Advertising Campaigns. No Links can appear to be associated with or be positioned on chat rooms or bulletin boards unless otherwise agreed in advance by Podcastle in writing. Any pop-ups/unders used for the Partnership Program shall be clearly identified as Partner served in the title bar of the window and any client-side ad serving software used by Partner shall only have been installed on an end-user’s computer if the function of the software is clearly disclosed to end-users prior to installation, the installation is pursuant to an affirmatively accepted and plain-english end user license agreement and the software be easily removed according to generally accepted methods.

Partner Network Campaigns. For all Partners that maintain their own partnership networks, Partner agrees to place the Links in its partnership network (the “Network”) for access and use by those partners in Partnership’s Network (each a “Third Party Partner”). Partner agrees that it will expressly forbid any Third-Party Partner to modify the Links in any way. Partner agrees to maintain its Network according to the highest industry standards. Partner shall not permit any party to be a Third-Party Partner whose web site or business model involves content containing Objectionable Content. All Third-Party Partners must be in good standing with the Partner. Partner must require and confirm that all Third-Party Partners affirmatively accept, through verifiable means, this Agreement prior to obtaining access to the Links. Partner shall promptly terminate any Third-Party Partner who takes, or could reasonably be expected to take, any action that violates the terms and conditions of this Agreement. In the event that either party suspects any wrongdoing by a Third-Party Partner with respect to the Links, the Partner shall promptly disclose to Podcastle the identity and contact information for such Third-Party Partner. Partner shall promptly remove any Third-Party Partner from the Partnership Program and terminate their access to future Offers of Podcastle in the Network upon written notice from Podcastle. Unless Podcastle has been provided with all truthful and complete contact information for a Third-Party Partner and such Third-Party Partner has affirmatively accepted this Agreement as recorded by Podcastle, Partner shall remain liable for all acts or omissions of any Third-Party Partner.

Partner may not use any coupon code, promotion code, coupon, promotion or deal that is not expressly provided to them via the Podcastle Partnership Program portal(s) . Any installs and/or sales using such materials will be voided with Commissions revoked.

Termination

Your Partnership Program application and status in the Program may be suspended or terminated for any of the following reasons:

Inappropriate advertisements (false claims, misleading hyperlinks, etc.).

Spamming (mass email, mass newsgroup posting, etc.).

Advertising on sites containing or promoting illegal activities.

Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations or any applicable state laws.

Violation of intellectual property rights. Podcastle reserves the right to require license agreements from those who employ trademarks of Podcastle in order to protect our intellectual property rights.

Offering rebates, coupons, or other forms of promised kickbacks from Your Affiliate Partnership Commission as an incentive.

Self-referrals, fraudulent transactions, suspected Partner fraud.

In addition to the foregoing, Podcastle reserves the right to terminate any Partner account at any time, for any violations of this Agreement or no reason.

By Affiliate Partner’s request

Partner Links

You may use graphic and text links both on your website and within your email messages. You may also advertise the Podcastle site in online and offline classified ads, magazines, and newspapers.

You may use the graphics and text provided by us, or you may create your own as long as you have prior written permission from Podcastle.

Trademark Policy

You may not use the Podcastle trademark, logo, brand and any IP in any manner, including keyword bidding on search engines or any variation or misspellings thereof, in metatags or to direct traffic to any website other than our site. You may not use Podcastle and Podcastle.ai in any manner or any variation or misspellings in your domain name.

Pay Per Click (PPC) Policy

PPC bidding is NOT allowed without prior written permission.

Keyword Bidding Rules

You may not bid on any keyword or keyword string on any Pay per Click Search Engines (PPCSEs) where such keyword or keywords string is, or includes, one of our Trademarks (see the list of protected SEM bidding keywords below):

Podcastle, podcastle.ai, podcastle.ai

Additionally, we prohibit bidding on the following non-brand keywords:

Podcasting Software, Interview Recording, Audio Editing, Text-to-speech, Transcription, text-to-podcast, Podcast recording, noise cancellation

In order to bid on brand term-discount term concatenations (i.e. Podcastle coupon, Podcastle discount, Podcastle deal, and variations thereof), you must obtain written consent from Podcastle's affiliate marketing team at: affiliate@podcastle.ai.

Liability

Podcastle will not be liable for indirect or accidental damages (loss of revenue, commissions) due to Affiliate Partner tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).

We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Podcastle. We make no claim that the operation of the Partnership Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

Term of the Agreement

The term of this Agreement begins upon your acceptance in the Program and will end when your Partner account is terminated.

The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Partner account. Your continuing participation in the Program will constitute your acceptance of any change.

Confidentiality

Both parties, except as otherwise provided in this Agreement or with the consent of one of the Party’s, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning a Party or any of its Partners provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by a Party for any purpose other than the participation in the Partnership Program, except and solely to the extent that any such information is generally known or available to the public through a source other than the other Party. Partner shall not use any information obtained from the Partnership Program to develop, enhance or operate a service that competes with the Partnership Program, or assist another party to do the same.

Electronic Signatures Effective

The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Podcastle Partnership Program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Podcastle Partnership Program application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.

Contact Us

affiliate@podcastle.ai