PC-DOCTOR SERVICE CENTER
AFFILIATE MARKETING PROGRAM TERMS AND CONDITIONS
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT (this “AGREEMENT”) BEFORE PARTICIPATING IN THE AFFILIATE MARKETING PROGRAM (THE “PROGRAM”) OFFERED BY PC-DOCTOR, INC. (PC-DOCTOR) FOR THE PROMOTION OF OUR SERVICE CENTER PRODUCT. THIS AGREEMENT GOVERNS THE PROGRAM. BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO COMPLY WITH AND BE BOUND BY THIS AGREEMENT.
1. Eligibility. To become an Affiliate, you must complete and submit the Affiliate Program application. PC-Doctor reserves the right to accept or reject any application at its sole discretion. Acceptance into the Program is based on various factors, including but not limited to, your marketing channels, promotional methods, and target audience. Additional factors that may be considered during the application review include the nature of your audience, historical marketing performance, and alignment with PC-Doctor's brand values and objectives. We reserve the right to review your application and verify your compliance with our requirements.
2. Ownership. PC-Doctor Service Center, including its structure, organization and code (“Software”) and any accompanying written materials are owned by PC-Doctor. Your possession, installation, use/marketing of the Software does not transfer to you any rights to that product except as expressly set forth in Agreement. In order to operate the Software or certain functionality of the Software, certain Licensor supplied hardware may be required (“Hardware”). To the extent that you have received any Hardware from Licensor to be used in conjunction with the Software, the terms and conditions of this Agreement apply to all such Hardware.
All rights, title, and interest in the Software and Hardware, including any updates, enhancements, or modifications, remain solely with PC-Doctor.
3. Grant of License after Approval. Once your application is approved, PC-Doctor grants to you, the Affiliate, a limited, non-exclusive, non-transferable license to use our trademarks, logos, and marketing materials solely for the purpose of promoting PC-Doctor Service Center in accordance with this Agreement.
4. Affiliate Responsibilities
4.1 Promotion of PC-Doctor Service Center. As an Affiliate, you are responsible for promoting PC-Doctor Service Center using approved marketing materials provided by PC-Doctor. You may use your own content, provided it adheres to our guidelines and does not misrepresent the product or brand.
Affiliates are encouraged to use a combination of social media platforms, websites, email marketing, and other promotional methods to drive qualified traffic to the Service Center landing pages. All content must align with the brand guidelines provided by PC-Doctor.
4.2 Compliance. Affiliates must comply with all applicable laws, regulations, and guidelines, including but not limited to, the Federal Trade Commission (FTC) guidelines on endorsements and testimonials.
4.3 Prohibited Marketing Activities. Affiliates are prohibited from engaging in activities that are deemed inappropriate, including but not limited to:
- Spamming (unsolicited emails)
- False or misleading advertising
- Engaging in fraudulent activities
- Using inappropriate or offensive content in promotional materials
4.4 Restrictions on Use and Transfer. THE TERMS AND CONDITIONS OF THIS AGREEMENT DETERMINES YOUR RIGHTS ON THE USE OF THE SOFTWARE AND HARDWARE. ALL RIGHTS NOT EXPRESSLY SET FORTH HEREUNDER ARE RESERVED BY PC-DOCTOR.
You may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software or Hardware. You may not modify, translate, or create derivative works based upon the Software or Hardware in whole or in part, except as expressly provided in this Agreement.
You may not copy the Software.
You may not sell, lease, lend, redistribute, sublicense or exchange the Software or Hardware, directly or indirectly. You may not rent or lease the Software or Hardware or otherwise transfer or assign the right to use the Software or Hardware.
You agree not to permit any third party to use the Software or Hardware in any form and shall use all reasonable efforts to ensure that no improper or unauthorized use of the Software or Hardware is made. You may not permit third parties to benefit from the use or functionality of the Software or Hardware via a timesharing or other agreement except to the extent such use is specified in this Agreement or product packaging for the Software.
You may not ship, transfer or re-export, directly or indirectly the Software, Hardware or any direct product thereof into any country prohibited by the United States Export Administration Act and the regulations there under. Furthermore, you may not use the Software or Hardware for any purpose prohibited by the Act.
4.5 Confidentiality. Affiliates agree to keep all confidential information, including but not limited to, commission rates, sales data, and marketing strategies, confidential and not to disclose it to any third party without prior written consent from PC-Doctor.
5. Commission Structure
5.1. Commission Rate. Affiliates will earn a commission on qualified sales generated through their affiliate links. The commission rate(s) will be specified in the Affiliate Program dashboard and may be subject to change at our discretion.
5.2. Payment Terms. Commissions will be paid on the second Tuesday of each month, following a 45-day period to account for our 30-day product return policy. Payments will be made via Refersion by Pantastic’s payment platform, Unified Payments, in US dollars.
6. Termination
6.1. Termination by Affiliate. You may terminate your participation in the Program at any time by providing written notice to PC-Doctor.
6.2. Termination by PC-Doctor. We reserve the right to terminate your participation in the Program at any time, with or without cause, by providing written notice. Upon termination, you must immediately cease all use of our marketing materials and remove all affiliate links from your channels.
6.3. Effect of Termination. Upon termination, you will forfeit any unpaid commissions if the termination is due to a breach of this Agreement.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL PC-DOCTOR, PC-DOCTOR'S SUPPLIERS, OR PC-DOCTOR'S LICENSEES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE PROGRAM, OR THE USE OR INABILITY TO USE THE SOFTWARE, HARDWARE, OR ANY DIAGNOSTIC TOOLS PROVIDED IN CONNECTION WITH THE SOFTWARE, EVEN IF PC-DOCTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Applicable law/venue. This Agreement is governed by the laws of the State of California, without reference to conflict of laws principles. Any suit arising out of or related to this agreement will be brought solely in the courts of Washoe county, Nevada, and the parties hereby expressly consent to the personal jurisdiction thereof and hereby waive all objections to venue therein.
9. Miscellaneous. This Agreement constitutes the entire understanding between you and PC-Doctor regarding the Program and supersedes all prior agreements, discussions, or representations. PC-Doctor reserves the right to modify these Terms and Conditions at any time. Affiliates will be notified of any changes via email or through the Affiliate Program dashboard. Continued participation in the Program after such modifications shall constitute acceptance of the new terms.
10. Questions. If you have any questions concerning this agreement or wish to contact licensor for any reason, please reach us via email at
[email protected].
