Chainstack Affiliate Terms

Last Updated: 24 June 2024

These Affiliate Terms constitute a binding agreement (the “Agreement”) between Chainstack Pte. Ltd. (“Chainstack”, “we”, “us”, “our”) and Affiliate (“Affiliate”, “you”) each, a “party”, or, collectively, “parties”). Affiliate accepts and agrees to be bound by the Agreement by signing an Acknowlegment Form for Chainstack Affiliate Terms.

1. DEFINITIONS
   1. “Affiliate” or “you” means any person or legal entity, which signs and completes the Chainstack Affiliate Terms and becomes a participant of the Chainstack Affiliate Program. Participation in the Chainstack Affiliate Program is prohibited to individuals and entities who possess a voting or political interest in Chainstack, including Chainstack officers, directors, stockholders, and employees of Chainstack, and their immediate families.
   2. “Commission” means the reward you receive, according to the Offering Page for participating in Chainstack Affiliate Program; The sale occurs when an End User visits the Chainstack Website through a Reference Link and makes a payment for Chainstack Services and/or Subscription and usage or otherwise as described herein.
   3. “Commission Payment” refers to a reward on the terms, agreed on the Offering Page.
   4. “Cookie life period” unless otherwise stated herein, means 1 (One) year from the date of End User’s first arrival on the Chainstack Website through Affiliate’s Reference Link according to this Agreement.
   5. “End User” means the authorized actual new user of the Chainstack Service, who registers for a paid account on the Chainstack Website.
   6. “Reference Link” means a link that leads to the Chainstack Website and is your official affiliate link. You will receive your affiliate link only after becoming the participant of Chainstack Affiliate Program.
   7. “Chainstack Affiliate Program” is a reward program, developed by Chainstack that allows you, the Affiliate, to use marketing methods to promote our services and drive traffic to the Chainstack Website, pursuant to the provisions of this Agreement.
   8. “Chainstack Service” means the blockchain managed service platform, applications, and tools, that the users view or subscribe for, that are developed, maintained, operated by us, accessible via Chainstack Website.
   9. “Chainstack Subscription” means the subscription for the Chainstack Service specified on the Chainstack Website.
   10. “Chainstack Website” means chainstack.com.
   11. “Third Party” means any individual or legal entity, other than the party to this Agreement.
   12. “Your Website” or “Affiliate Website” means any website that you state during the signup to Chainstack Affiliate Program, which is owned or operated by you.
2. AFFILIATE RIGHTS
   1. We grant you, subject to the limitations set forth below, a limited, non-exclusive, non-assignable, non-sublicensable, non-transferable, revocable right to: (i) demonstrate and promote the Chainstack Service to your prospects and customers, and (ii) to provide End Users access to use the Chainstack Service, in accordance with this Agreement and Chainstack terms and conditions, specified on the Chainstack Website, provided that End Users agreed to Chainstack terms and conditions, specified on the Chainstack Website.
   2. You may place banners or Reference Links within your newsletters, on Your Website, or within another web-related content.
   3. You can reach us by sending an email to [email protected].
3. AFFILIATE OBLIGATIONS
   1. You must provide yourtruthsful credentials including a valid email address and the payment instructions in order to complete the signup process on the Affiliate Program Website. You are solely responsible for all the information you provide in this Agreement and on Your Website.
   2. You will be solely responsible for the development, operation, and maintenance of Your Website and for all materials that appear on Your Website. You should ensure that materials posted on Your Website do not violate or infringe the rights of any Third Party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights). You will be solely responsible for the accuracy, truthfulness, and appropriateness of materials posted on Your Website. We do not endorse or accept any responsibility for any links that lead from Your Website to any other website apart from the Chainstack Website and for any content that can be found by following these links to Third-Party websites.
   3. Affiliate warrants and guarantees on behalf of itself and its affiliates, subsidiaries, agents and subcontractors: (i) that all personal data, contained in the End User (if any) or any other data or material, provided to Chainstack according to this Agreement, were collected in accordance with all applicable laws, including but not limited to, applicable data protection laws; (ii) that the Affiliate is fully allowed to transfer personal data to Chainstack and that the Affiliate received all necessary permissions so that Chainstack could store and process such personal data, use it in marketing purposes and for offering its services.
4. PROHIBITED USES
   1. You may not use the Chainstack Affiliate Program for any illegal or unauthorized purpose. While using the Chainstack Service and/or participating in the Chainstack Affiliate Program, you must not violate any laws in your area/state/country.
   2. You cannot promote Chainstack on any gambling websites, websites with adult/hate/violent/defamatory content or any other content that is considered offensive or inappropriate, and any websites that violate third-party rights and/or violate any applicable laws. Chainstack may or may not review all content on Your Website(s) or used by you in your promotional methods. Chainstack may require and you agree to provide us the information regarding traffic sources, promotional channels, and your promotional methods with regard to Chainstack Service. If your sources, channels, or methods with regard to Chainstack Service would be considered inappropriate or inconsistent with the terms of this Agreement, at Chainstack sole discretion, your agreement could be suspended, your use privileges could be revoked, and Commissions could be cancelled.
   3. You cannot use and/or mention in any way: (i) the Chainstack brand names as a keyword in your advertising campaigns across any search engines, including any misspellings in the brand name; (ii) the Chainstack brand names in the domain name of Your Website, including any misspellings of the brand name; (iii) brand names, trademarks, of other companies as a keyword in your advertising campaigns across any search engines, including any misspellings in the brand name, trademark.
   4. You may not modify the trademarks, banners, the content, or any of the images provided to you in any way, without our prior written consent.
   5. Fraud is a serious offense and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually “refreshing” of pages, for the sole purpose of creating Commissions. Any attempted fraud or fraud or any harmful action will result in account cancelation and voided commissions. Affiliate must provide all the documents requested by us within 30 (thirty) days in case we notice any potentially fraudulent activities associated with Your Account or coming through your Reference Links. Otherwise, Your Account will be blocked, and the Commissions will be cancelled.
   6. You cannot spam. We will terminate Your Account on the first offense of spamming. Do not send emails to lists or groups that you do not have permission to send them to. We have the right to terminate this agreement on the first offense referring to this section.
   7. You will not receive Commissions for self-referrals and for Affiliates, who violate our Chainstack Affiliate Terms. You are also not allowed to refer the company you work for and receive Commissions for that.
   8. You cannot demonstrate and promote the services provided by the direct competitors of Chainstack.
5. COMMISSION PAYMENT
   1. To be eligible to earn a Commission, the End User must purchase Chainstack Services and/or Subscription within the stated Cookie life period of coming to Chainstack Website through the Reference Link from Your Website, email, or other communications. If a sale occurs after Cookie life period expires and the End User has not returned through the Reference Link and purchased the Chainstack Services and/or Subscription, then no Commission shall occur.
   2. For avoidance of doubt, Commissions shall be paid only for purchases of brand-new referrals, that occur after the End User clicked on your specific reference Link(s), directly from the Chainstack Website. In other words, to be eligible for a Commission, the End User you referred shall be a new user for Chainstack, shall use your Reference Link to register and subsequently purchase an account and shall purchase Chainstack Services and/or Subscription directly from Chainstack Website. In case of purchase by the End User as described herein of any custom or discounted accounts, Affiliate receives a Comission as per terms set by the the Offering Page. We also draw your attention to the fact that the money credited to Your Account does not accrue interest. Commissions are only earned on paid accounts on the Chainstack Website. If the End User cancels or does not pay for Chainstack Subscription, asks for a refund, or uses limited free registration, no Commission will accrue.
   3. Commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods will be voided. Fraudulent activities will also result in immediate Agreement cancelation.
   4. All statistics are collected and calculated by Chainstack and will be the only valid statistics used for determining Commission.
   5. From time-to-time Chainstack may change Chainstack Subscription prices, therefore these changes may affect both the Commission you will earn and the truthfulness of the information you will provide. We cannot guarantee the availability of Chainstack Subscriptions at the prices that you list on Your Website if they are outdated.
6. RECURRING COMMISSIONS AND COOKIE DURATION
   1. Unless otherwise stated herein, when an End User that uses your reference link, purchases a valid and qualifying Services and/or Subscription with Chainstack, you will receive a Commission set in the Offering Page, only for the first 12 months, as long as the End User maintains the Chainstack paid Services and/or Subscription on the Chainstack Website or until terminated by either party in accordance with these Chainstack Affiliate Terms, provided that you remain eligible to receive a Commission pursuant to Chainstack Affiliate Terms. If at any time the End User account is cancelled, suspended, or refunded, you will become ineligible to receive Commission on any future fees collected from that End User.
7. TERMINATION AND MODIFICATIONS
   1. This Agreement starts on date of Acknowledgment Form Signature and continues until terminated by either party in accordance with these Chainstack Affiliate Terms.
   2. Either party may immediately terminate this Agreement at any time in its sole discretion with written notice to the other party.
   3. Notwithstanding the above, Chainstack reserves the right to terminate any User account for abusive or fraudulent activity, for failure to comply with this Agreement, or for any other reason in its sole discretion.
   4. Termination of this Agreement will result in the deactivation or deletion of Your Account, and the forfeiture and relinquishment of all potential or to-be-paid Commissions in Your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Upon termination of this Agreement, all rights of the Affiliate specified in this Agreement shall terminate immediately.
   5. Upon any termination of this Agreement for any reason, all provisions regarding indemnification, warranty, liability and limits thereon, and confidentiality and protection of proprietary rights and trade secrets, and any provisions which expressly or by their nature are required to survive such termination in order to achieve their purpose shall so survive until it shall no longer be necessary for them to survive in order to achieve their purpose.
   6. Chainstack may modify these Affiliate Terms at any time, solely at its own discretion with prospective effect. If Chainstack modifies these Affiliate Terms it will publish such modifications on the company’s website. The Affliate at any time can access the copy of current versions of Affiliate Terms on the Chainstack website. If the Affiliate does not wish to accept such modifications, then the Affiliate may terminate this Agreement, subject to the terms of this Section 7.
8. OWNERSHIP AND INTELLECTUAL PROPERTY; USE OF TRADEMARKS
   1. Affiliate acknowledges and agrees that all rights, title, and interest to, any and all intellectual property rights of all types or nature whatsoever, including, without limitation, patent, copyright, trademark, database rights as well as moral rights, know-how, and trade secrets (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world, in Chainstack platform (technology, hardware, software, etc.), any code or software (SDK, API, etc.) which may be provided to Affiliate or End User under this Agreement and any work products created and/or delivered herein and related documentation are and will remain solely and exclusively our property and/or the property of Chainstack, Chainstack licensors or Chainstack affiliates. Affiliate’s right to use Chainstack Website, participate in Chainstack Affiliate Program, and any part thereof is strictly limited to the provisions of this Agreement, and we reserve all rights not expressly granted herein.
   2. The Chainstack name and other marks, graphics, icons, names, and logos used or displayed on or through the Chainstack Website are marks (“Marks”) of us and our affiliates and subsidiaries or otherwise are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us and may be subject to such third parties’ terms and conditions. Affiliates and End Users may not use any metatags or any other “hidden text” utilizing any of the aforementioned marks without our and the respective owner’s prior written permission. Affiliate will accordingly change or remove such display of materials immediately upon request by us or the respective Mark owners or licensors. Affiliate acknowledges and agrees that Affiliate shall not contest the ownership of the Marks on Chainstack Website for any reason. Affiliate’s use or display of Marks will terminate effective upon the termination of this Agreement, or upon notification by us or the respective owner or licensor to discontinue such use or display.
   3. Affiliate hereby grants us a worldwide, non-exclusive, unlimited, and royalty-free license to use Affiliate’s brands, names, logos, trademarks, trade names, and service marks as used by Affiliate for informational and advertising purposes only.
   4. Chainstack hereby grants the Affiliate a worldwide, non-exclusive, unlimited, and royalty-free license to use Chainstack’s brands, names, logos, trademarks, trade names, and service marks as used by Chainstack for informational and advertising purposes only.
   5. Affiliates are under no obligation to give Chainstack any ideas, suggestions, comments, or other feedback related to the Chainstack Website, Chainstack Affiliate Program, or the business or operations of Chainstack. If any Affiliate shares ideas, suggestions, comments, or other feedback with Chainstack, Chainstack will own such idea, suggestion, comment, or feedback. Affiliate hereby assigns all of Affiliate’s right, title, and interest in such idea, suggestion, comment, or feedback to Chainstack and agrees that Chainstack will be free to use and implement same, without restriction or obligation of any kind, without, however, any obligation to do so.
9. INDEMNITY
   1. You agree to defend, indemnify and hold harmless Chainstack and its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to Affiliate Program Website and participation in Chainstack Affiliate Program; (b) your violation of any term of this Agreement or applicable law; or (c) your violation of any Third Party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Chainstack Website and participation in the Chainstack Affiliate Program.
10. AUTHORITY
    1. Each party represents and warrants to the other party as to itself that the person executing this Agreement is authorized to do so on such party’s behalf. If you are an individual, you represent and warrant that you were at least 18 years of age on the effective date of this agreement. If you are under 18, please do not attempt to participate in Chainstack Affiliate Program or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 18 without verification of parental consent, we will delete that information as quickly as possible.
11. NON-INFRINGEMENT WARRANTIES
    1. You represent and warrant that: (i) you have all appropriate authority to operate, and to post any and all content on Your Website(s); (ii) you have all appropriate rights to promote with any promotional method you may choose to use; (iii) Your Website(s) and your promotional methods do not and will not infringe a Third Party’s or Chainstack’s proprietary rights; and (iv) you shall remain solely responsible for any and all Your Website(s) and all of your promotional methods and/or campaigns and any consequences resulting therefrom.
12. DISCLAIMER OF WARRANTIES
    1. Except where prohibited by law, Chainstack Affiliate Program is provided “as-is” and “as available” and we expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that the Chainstack Affiliate Program or the Chainstack Website (a) will meet your requirements and/or expectations; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. We further make no warranties or representations regarding the accuracy or completeness of the content on any sites linked to on the Chainstack Website.
13. LIMITATION OF LIABILITIES
    1. In no event shall Chainstack, its officers, directors, employees, or agents, be liable to you or to any Third Party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising from or related to either this Agreement, or use of Chainstack Website or participation in Chainstack Affiliate Program. Our liability to you for any damages arising from or related to this Agreement, will at all times be limited to $50 (fifty USD). The existence of more than one claim will not enlarge this limit. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
    2. The Affiliate accepts that the operation of the Chainstack Affiliate Program, Reference Links, or Chainstack Website may not be completely free of interruption, errors, or omissions and Chainstack is not liable for the consequences of any interruptions or errors in the performance or content of the Chainstack Website or Reference Links.
    3. Chainstack does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by the Third Party through Chainstack Website, hyperlinked website or Reference Links or featured in any banner or other advertising, and Chainstack will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party providers of products or services.
    4. We make no representations that Chainstack Affiliate Program or Chainstack Website are appropriate or available for use in all locations. Those who access or use Chainstack Website or participate in Chainstack Affiliate Program from jurisdictions prohibiting such use, do so at their own volition and are responsible for compliance with local law.
    5. We reserve the right to use Third-Party service providers in the provisions of all or part of the Agreement including, but not limited to, hosting providers, payment processing services, information and communication services, analytics services, internet advertising platforms, advertising service providers, and platforms. Where any of the aforementioned services are provided by third parties, the Affiliate may be subject to such Third Party’s terms and conditions. We accept no responsibility for services provided by any Third Party.
14. MISCELLANEOUS
    1. Assignment. This Agreement, any part thereof or any rights or obligations under it may not be novated, assigned, outsourced or transferred by you without our advance written consent, but may be assigned by us without restriction or limitations. Any assignment or transfer in violation of the aforementioned provisions shall be deemed null and void.
    2. Force Majeure. We shall not be liable for failing or delaying performance of our obligations resulting from any condition beyond our reasonable control, including but not limited to, use of third parties’ equipment or services, communications failure, governmental action, war, acts of terrorism, earthquake, fire, flood or other acts of God, labour conditions, power failures, and Internet disturbances.
    3. Headings and References. Headings of Sections are for the convenience of reference only. Words indicated in quotes and capitalized signify an abbreviation or defined term for indicated words or terms, including those definitions contained in the opening paragraph.
    4. Choice of Law. This Agreement and all matters arising therefrom and any dispute arising between the parties in connection with this Agreement shall be governed and construed in accordance with the laws of the Republic of Singapore as applicable, shall have exclusive jurisdiction in any legal proceedings resulting or connected with this Agreement, and the Affiliate hereby irrevocably submits to such exclusive jurisdiction. However, this shall not prevent us from bringing any action in the court of any other jurisdiction for injunctive or similar relief.
    5. Tax Status and Obligations. Chainstack is not obligated to and shall not provide you with tax and/or legal advice. Chainstack undertakes no duty to investigate or research your tax status and/or obligations, and such research and investigation are solely your responsibility. You are obligated to independently assess and comply with all relevant tax and legal requirements, and you are solely responsible for your own sales tax collection, reporting, and any other obligation arising from Commission income. If Chainstack provides you with information, that information shall not be deemed tax or legal advice, and Chainstack shall not be responsible for the accuracy of such information.
    6. Entire Agreement. This Agreement shall constitute the entire agreement between you and Chainstack concerning your use of the Affiliate Program Website and participation in the Chainstack Affiliate Program. However, terms and conditions of some other Chainstack services and products may impose additional terms, which can be found in the terms and conditions for such services and products.
    7. Languages. This Agreement is in the English language, which prevails over any translations of it to other languages, made by us and provided to you for your convenience, as applicable. Chainstack Affiliate Program is designed in the English language and its translations into other languages may contain inaccuracies for which we shall not bear any responsibility; we suggest using the English version and resorting to versions in other languages only for references and at your own risk. You also agree to have all communications with us in English.
    8. No Waiver. No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy; and will not be construed as a waiver of any subsequent breach or default under the same or any other provision of this Agreement.
    9. Severability. All the provisions of this Agreement are distinct and severable. If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable, or illegal, this shall not impair the operation of this Agreement or affect the other provisions which are valid.
    10. Marketing. You agree that Chainstack may identify you as a Chainstack Affiliate and may use your name and/or logo solely for such purpose in its marketing materials.
    11. Electronic Notices. You agree to receive communications from us in an electronic form. Electronic notices will be delivered via Telegram or to the email address you have provided, and it may be subsequently changed by you by written notice to us. All communications in electronic format will be considered to be “in writing” and to have been received on the day that we send them. We reserve the right, but assume no obligation, to provide communications in paper format. All notices, requests, claims, demands, and other communications regarding these Chainstack Affiliate Terms are welcomed and should be addressed to [email protected].