FatCoupon Terms & Conditions
Preamble
The following terms and conditions govern the contractual and legal relationship between FatCoupon Technology Limited., located at 18615 Willamette Dr. Fl 3rd, West Linn, OR 97068 (hereinafter referred to as "FatCoupon"), and the user of FatCoupon's services (the "publisher"). FatCoupon offers an automated service that converts product links on the publisher's website into affiliate links within an Internet-based affiliate network (hereinafter referred to as the "service"). This service allows publishers to earn commissions on completed transactions between end customers and merchants who advertise their products via an affiliate network or their own affiliate program. Participants in the service include FatCoupon, the publisher, and the merchant whose products are advertised.
FatCoupon provides its services to the publisher solely based on these terms and conditions. Any terms and conditions of the publisher shall not become part of the contract unless expressly agreed to in writing by FatCoupon.
1. Subject Matter of the Contract
1.1 FatCoupon's service automatically converts product links on the publisher's website into affiliate links, allowing the publisher to earn commissions on completed transactions.
1.2 Participation in FatCoupon's service is free of charge for all publishers, with revenue share negotiated in advance or determined by FatCoupon.
2. Sign Up
2.1 To use the service, the publisher must create a profile (hereinafter referred to as "account") through the registration process on the FatCoupon website.
2.2 Registration involves completing an online form with accurate information. The publisher is responsible for the accuracy of the information provided.
2.3 Each publisher is permitted one account unless otherwise authorized by FatCoupon.
2.4 By completing the registration process, the publisher offers to enter into a contract for using the FatCoupon service. FatCoupon accepts this offer by activating the publisher's account and sending a confirmation email, thereby concluding the contract.
2.5 Subsequently, the publisher must implement the JavaScript code on their website or utilize an alternative implementation method provided by FatCoupon to access the service.
2.6 The publisher agrees to keep access data (username and password) confidential and promptly notify FatCoupon if unauthorized access is suspected.
2.7 Individuals registering confirm they are at least 18 years old or have the authority to bind the proposed publisher.
3. Rights and Obligations of FatCoupon
3.1 FatCoupon provides the service described in detail in Section 1.
3.2 FatCoupon reserves the right to modify the service and make technical changes to further enhance functionality, provided it is reasonable for the publisher.
3.3 FatCoupon reserves the right to suspend or discontinue the service indefinitely or entirely.
4. Rights and Obligations of Publishers
4.1 The publisher warrants ownership of necessary rights for marketing and monetization of their website for using FatCoupon's service.
4.2 The publisher agrees to comply with applicable laws and third-party rights in their advertising activities and website content.
5. Payment
5.1 Publishers receive performance-related remuneration.
5.2 Remuneration calculation and amounts are determined by the relevant merchant and affiliate network and displayed to the publisher by FatCoupon.
5.3 Remuneration is payable for completed transactions confirmed and approved by the merchant and affiliate network, subject to no misuse by the publisher.
5.4 FatCoupon retains a portion of the publisher's remuneration as commission.
5.5 Payments are processed to the publisher's specified bank or PayPal account upon reaching the minimum payment threshold.
5.6 Payment processing fees and currency exchange costs are borne by the publisher.
5.7 Outstanding balances below the minimum payment threshold are carried over to subsequent months.
6. Accessibility
FatCoupon endeavors to provide uninterrupted service, subject to technical and legal constraints.
7. Liability
7.1 FatCoupon's liability for slight negligence is limited to foreseeable, contract-typical, direct damages, subject to statutory rights and guarantees.
7.2 FatCoupon makes reasonable efforts to maintain a virus-free service but does not guarantee virus-free usage.
7.3 FatCoupon is not liable for interruptions beyond its control, including server or software failures.
7.4 FatCoupon disclaims warranties regarding service interruptions, tracking errors, or security breaches.
8. Validity
8.1 The contract is indefinite and may be terminated by either party at any time.
8.2 Upon termination by the publisher, outstanding remuneration is paid according to Section 5.
9. Misuse
9.1 Any misuse of the service, including fraudulent transactions, is prohibited.
9.2 Misuse results in immediate suspension of the publisher's account and may incur contractual penalties.
10. Exemption
Publishers indemnify FatCoupon against third-party claims arising from the publisher's use of the service.
11. Data Privacy
11.1 FatCoupon collects and processes publisher data as necessary for service provision.
11.2 Publisher information may be disclosed for marketing purposes within operational relationships.
11.3 Publishers may revoke consent to data use and request deletion of personal data.
11.4 Upon contract termination, FatCoupon deletes stored publisher data.
12. Final Clauses
12.1 This contract and amendments must be in writing.
12.2 The jurisdiction for merchant publishers is FatCoupon's registered office.
12.3 FatCoupon may change these terms and conditions with notice to the publisher.
12.4 Severability applies; invalid provisions do not affect remaining clauses.