(Effective from 01/11/2022)
BY SIGNING UP WITH THE SCRAPER API (“www.scraperapi.com”, “ScraperAPI”, “Scraper API”, “we”, “us” and “our”) AFFILIATE PROGRAM (“Affiliate Program”), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (“Agreement”). YOU HEREBY AGREE THAT YOU HAVE READ AND UNDERSTOOD ALL THE CLAUSES OF THIS AGREEMENT AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS HEREIN.
YOU (“You”, “Affiliate”, or “Affiliates”) AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU, AND THIS AGREEMENT IS ENFORCEABLE AGAINST YOU.
This is a legal agreement between you (either an individual or a legal entity), and Scraper API and its authorized service provider(s), distributor(s), promoter(s), and reseller(s). This Agreement outlines the rules and regulations for the Affiliate Program of Scraper API.
Scraper API Affiliate Policy found online at https://www.scraperapi.com/affiliate-terms/ is incorporated herein by reference. Scraper API reserves the right to approve or reject any Affiliate Program application at its sole and absolute discretion. For the rejection of the application, you will never ask for any legal recourse against Scraper API or any Scraper API authorized representative.
TERMS AND CONDITIONS OF THE ACCOUNT
COMPLIANCE WITH LAWS
As a condition to your participation in the Affiliate Program, you agree that while you are an Affiliate, you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, or other requirements (collectively, “Laws”) of any governmental authority that has jurisdiction over you, whether those Laws are now in effect or later come into effect during the time you are an Affiliate or participating in the Affiliate Program, including, without limitation, during the application process. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Affiliate Program, you will comply with all applicable federal, state or other Laws that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
COMMISSIONS AND PAYMENT
Affiliates must follow the brand voice, mission, vision, and values of Scraper API (as portrayed on the website).
Approved Affiliates will be solely responsible for the development, operation, and maintenance of their site in connection with the Affiliate Program and for all materials that appear on such site. By way of example, but not limitation, you will be solely responsible for:
Your Affiliate application and status in the Affiliate Program may be suspended or terminated for any of the following reasons:
Scraper API, in its sole and absolute discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Affiliate Program or any other Scraper API service for any reason at any time. Such termination will result in the deactivation or deletion of your Affiliate account and/or denial of access to your account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your account earned or suspected to be earned through fraudulent or illegal sales or marketing methods, or overly aggressive, questionable sales or marketing methods, as determined by Scraper API in its sole and absolute discretion. Scraper API reserves the right to refuse service to anyone for any reason at any time.
In addition to the foregoing, Scraper API reserves the right to terminate any Affiliate account at any time without disclosing the reason.
IDENTIFYING YOURSELF AS A SCRAPER API AFFILIATE
You may not issue any press release with respect to this Agreement or your participation in the Affiliate Program; such action may result in your termination from the Affiliate Program. In addition, you may not in any manner misrepresent or embellish the relationship between you and Scraper API, including, without limitation, expressing or implying that you develop the service Scraper API provides, expressing or implying you are part of Scraper API in any way, or expressing or imply any relationship or affiliation between you and Scraper API except as expressly permitted by this Agreement (including, without limitation, by expressing or implying that Scraper API supports, sponsors, endorses, or contributes money to any charity or other cause).
USES of PROMOTIONAL LINKS and MATERIALS
After signing up for the Affiliate Program and approved, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics provided with your Affiliate Code on your site, in your emails, or in other communications. Subject to the terms of this Agreement, Affiliates may use the graphics and text links provided both on their website and within email messages or social media.
Affiliates may use the graphics and text provided by or on behalf of Scraper API, or may create their own as long as they are in line with the terms of this Agreement, the Brand, and are not otherwise deemed inappropriate by Scraper API in its sole and absolute discretion.
Customers who get service through this Affiliate Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for services sold under this Affiliate Program in accordance with our own pricing policies. Package prices and availability may vary from time to time.
RELATIONSHIP OF PARTIES
You are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Scraper API. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement, including, without limitation, the relationship between you and Scraper API.
Scraper API uses third-party affiliate tracking software/marketplace and will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Affiliate Program and/or to our website(s) and/or to the affiliate tracking software/marketplace’s website(s).
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under the terms of this Agreement.
TERM OF THE AGREEMENT
The term of this Agreement will be effective immediately upon your acceptance in the Affiliate Program and will end when your Affiliate account is terminated.
The Agreement may be modified by Scraper API at any time. Your continuing participation in the Affiliate Program will constitute your acceptance of any change.
ELECTRONIC SIGNATURES EFFECTIVE
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Scraper API Affiliate Program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Scraper API Affiliate Program application process. This action creates an electronic signature and binds you under a legal agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach thereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of Scraper API to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between you and Scraper API, superseding any prior agreements between you and Scraper API (including, but not limited to, any prior versions of this Agreement or any other Terms and Conditions).
Scraper API reserves the legal right to update and change the terms and conditions of this Agreement from time to time without any prior notice. Any new features that augment or enhance the current Affiliate Program, including the release of new tools and resources or other Products, shall be subject to this Agreement. Continued use of the Affiliate Program after any such changes shall constitute your consent to such changes.