Affiliate Program Terms
By clicking on Register or Sign Up when you sign up for an Affiliate Account, using the Affiliate Platform or participating in any Affiliate Program activities, you agree to be bound by the applicable sections of the following Affiliate Program Agreement (the “Agreement”). The Agreement is between you, as Affiliate, Encore Rewards (“Encore”). Affiliate and Encore is each a “Party”, and together called “Parties”. You can review the current version of the Agreement at any time at https://www.encorerewards.app/affiliateprogramterms.html. Encore reserves the right to update and change the Agreement by posting updates and changes to the before mentioned URL. If a significant change is made, we will provide reasonable notice by email, posting a notice on the Affiliate Dashboard in the app. You are advised to check the Agreement from time to time for any updates or changes that may impact you.
You must read, agree with and accept all of the terms and conditions contained in this Agreement, including Encore’s Privacy Policy and Encore’s Brand Guidelines as well as the Encore T&C, before you may become an Affiliate. For the avoidance of doubt, Encore’s Privacy Policy and Encore’s Acceptable Use Policy form part of this Agreement and are incorporated by reference.
1. Definitions
Unless defined elsewhere in the Agreement, capitalized terms set out in the Agreement are defined as follows:
“Member” means any individual that download and use the Encore app.
“Member Data” means information (including personal information) relating to a Member, including, but not limited to, order information, payment information, and account information.
“Merchant” means an individual, a venue or business that uses the Encore app to promote or sell their products or services.
“Merchant Data” means information (including personal information) relating to a Merchant, including but not limited to business, financial and product information and any Member Data. Where Affiliate uses the Encore API, Merchant Data may be delivered in the form of an API response.
“Merchant Profile” means the Merchant’s presence in the app hosted by Encore, including their details. For clarity, a Merchant may have more than one Merchant Profile.
“Affiliate” or “You” means an individual or entity that has agreed to the terms of this Agreement and participates in the Encore Affiliate Program and who promotes Encore to sign up members, Affiliates or Merchants.
2. Affiliate’s responsibilities
2.1. Costs and methods
Affiliate will bear all costs and expenses related to Affiliate’s marketing or promotion of Encore. Affiliates cannot send email marketing materials about Encore without Encore’s permission or if not mentioned in this agreement. If Encore gives its permission, the messages must comply with this section and all applicable laws. Affiliate cannot engage in any illegal or aggressive marketing techniques on behalf of Encore. Affiliate must not make any false or misleading statements about Encore or represent anything that could cause harm to the credibility of Encore. In all of Affiliate’s marketing activities, Affiliate must comply with all applicable laws. Do not email a Merchant without their prior consent.
2.2. Compliance with Laws
In addition to, and without limiting the provisions of this Agreement, Affiliate will perform its obligations under this Agreement in accordance with the highest applicable industry standards and in compliance with all applicable laws, rules and regulations, including obtaining any licenses required in order for Affiliate to operate and to offer the products or services associated with Affiliate’s participation in the Affiliate Program in the region(s) where Affiliate is operating.
2.3. Affiliate Duty to Inform
Affiliate has to keep Encore informed about any potential claims, demands or liabilities relating to Encore of which the Affiliate is aware.
2.4. Affiliate Duty to Disclose
If Affiliate is acting as Merchant’s agent, then Affiliate must disclose any Fees that Affiliate will earn under the Affiliate Program that relate to the Merchant.
2.5. Other Affiliate Terms
Affiliate must be at least 18 years old, provide certain information and agree that email will be our primary method of communication; make certain acknowledgments if signing up on behalf of an employer or a company agree that this Agreement may be changed by Encore at any time; and acknowledge and agree to Encore’s privacy policy.
2.6. POACHING
As Encore Pro Affiliate you are not allowed to promote or try to recruit Encore Rewards Affiliates to other businesses, specifically, but not limited to, similar online networking/affiliate marketing businesses.
2.7. MULTIPLE ACCOUNTS
It is company policy that only one account per person is allowed. If an applicant submits multiple registrations, only the first completed Agreement received by Encore Rewards will be accepted. According to the Affiliate Agreement, an Affiliate is only entitled to have one position in the Encore Rewards Bonus structure. Attempts to the contrary will be filtered out and blocked by Encore Rewards.
If for any reason that it has been found that an Affiliate has signed up with more than one account, all accounts in question will be suspended immediately without question. If for any reason multiple account registrations have been brought to the attention of Encore Rewards management, all accounts will be subject to suspension and possible termination. Every account must have a unique KYC attached, a unique valid email address and proper verification details unique to the account holder. If for any reason, Affiliates try to circumvent the regulation of one Account only, Encore Rewards will immediately terminate all accounts and/or memberships except for the first account registered.
2.8. TRAINING / MENTORING REQUIREMENT
A Sponsor must maintain an ongoing professional leadership association with Affiliates in his or her organization and must fulfill the obligation of performing a bona fide supervisory or sales function in the sale or delivery of products and services.
2.9. INCOME CLAIMS
Affiliates must truthfully and fairly describe the Encore Rewards Compensation Plan. No past, potential or actual income claims may be made to prospective Affiliates, nor may Affiliates use their own incomes as indications of the success assured to others. Remuneration may not be used as marketing materials. Affiliates may not guarantee commissions or estimate expenses to prospects. This would be considered enticement and is in breach of our Terms.
2.10. TRANSFER OF SPONSORSHIP LINES
The company does not permit the transfer of sponsors. Encore Rewards is a business of creating relationships. Once an Affiliate is sponsored, the company believes in maximum protection of that relationship.
2.11. CROSS SPONSORING
Affiliates may not sponsor, or attempt to sponsor, any non-personally sponsored Affiliates in any other E-Commerce Marketing Company. In addition, no Affiliate may participate in any action that causes another Affiliate to be sponsored through someone else into another network marketing company.
2.12. DOUBLE SPONSORING
Double sponsoring is not allowed. Double sponsoring happens when a natural person (or legal entity) intends to register as a new Affiliate with Encore Rewards although they are already a registered Affiliate, or over the previous 6 months has already been registered as an Affiliate in another line of sponsorship. Using the name of someone’s spouse, other family member, corporate structure, the name of a company or association or using different identification documents or resorting to any other misleading practice to circumvent the “no double sponsoring” rule are also not allowed. Similarly, no Affiliate is allowed to entice or encourage any other Affiliate to change sponsors and register under him using any of the above unethical methods. Naturally, a change of sponsors may take place if it has already been approved by Encore Rewards.
2.13. CROSS RECRUITING WITHIN ENCORE REWARDS NETWORK.
An Affiliate may not recruit, or attempt to sponsor, any non-personally sponsored Affiliate, that is active or inactive, in Encore Rewards for less than six (6) months. Cross Recruiting another Affiliate will have a mandatory suspension of thirty (30) days, and all commissions and/or bonuses will be forfeited during the suspension. The suspension will precede an investigation, which may result in termination of the Affiliate. In case of termination all balances on the account terminated will be forfeited and any pending pay-out requests will be revoked. Encore Rewards has a Zero Tolerance Policy, both for Cross Recruiting and Cross Sponsoring.
2.14. SUSPENSION
Encore Rewards has the right, in its sole discretion, to suspend or cancel, at any time and for any or no reason, an Affiliate’s account and/or access to the Encore Rewards website and/or Encore Rewards back-office. In such an event, all balances and all privileges will be subject to suspension. Affiliates may be suspended for violating the terms of his or her Agreement, which include these Terms and Conditions, the Compensation Plan and the Policies and Procedures, or any other documents produced by Encore Rewards.
2.15. TERMINATION
Affiliates may be immediately terminated for violating the terms of his or her Agreement, which includes these Terms and Conditions, the Policies and Procedures, and the Compensation Plan and any other documents produced by Company upon written notice. Company may terminate a violating Affiliate without placing the Affiliate on suspension, at Encore Rewards' sole discretion. When the decision is made to terminate an Affiliate, the Company will inform the Affiliate in writing at the email address in the Affiliate’s back-office profile that the termination has occurred. Encore Rewards can at any point decide to terminate an Affiliate’s Account without giving any reason for the termination. The termination will take effect immediately.
2.16. REAPPLICATION
The acceptance of any reapplication of a terminated Affiliate or the application of any family member of a terminated Affiliate shall be at the sole discretion of Encore Rewards and can be denied without any given reason.
3. Fees and Payments
Fees payable to the Affiliate will be calculated by Encore upon receipt of payment for each month that the Merchant is live on the Encore app.
Encore distributes Fees owing to its Affiliates once per calendar month (each such period, a “Payment Period”). Where the Fees owing to Affiliate are greater than USD $100 at the end of any Payment Period, the Fees will be paid to Affiliate. If the Fees owing to Affiliate are less than USD $100 at the end of any Payment Period, Encore will be entitled to withhold payment of Fees until the end of the next Payment Period in which the balance of unpaid Fees owing to Affiliate from any previous Payment Period and Fees owing to Affiliate under the current Payment Period are USD $100 or more.
Affiliates are responsible for all applicable taxes that arise from or as a result of any activities under this Agreement.
3.1. Additional Payment Information
Encore has the right to set off or withhold payments to Affiliates in certain circumstances. Encore has the right to alter the Fees, the Fee structure or the payment terms with reasonable notice to the Affiliates.
All payments are subject to fraud and risk analysis considerations and anti-money laundering procedures and may be withheld by Encore during the period of investigation. Encore may also withhold payment if Affiliate fails to provide Encore with information that is required to make payment.
Encore reserves the right to modify the Fees or the payment terms at any time upon reasonable advance notice to Affiliate. In the event of any disputes over Fees, Encore‘s determination will be final and binding.
3.2 KYC and Identity
Affiliate must declare with official and valid photo identification who they are in order to be eligible to receive payments from Encore.
4. Termination
Either Encore or Affiliate can end this agreement at any time by providing notice to another Party. If there is fraud or any other unacceptable behavior by Affiliate, or if Affiliate violates the Acceptable Use Policy, Encore can suspend Affiliate’s privileges or end the agreement without notice. Encore can change or eliminate all or any portion of the Affiliate Program at any time, upon reasonable notice.
If the Agreement ends, Affiliate must stop using and return to Encore all Encore creative material and Encore’s trademarks and logos and Affiliate will no longer be permitted to access the Encore Affiliate tools or receive Fees/commissions from Encore, unless otherwise determined by Encore in its sole discretion.
5. Intellectual Property Rights
Affiliates may promote Encore using the creative materials provided by Encore. The creative materials of Encore belong to Encore, cannot be changed and must be used only to promote the Encore Services and Encore brand.
5.2. Encore Trademarks
Encore owns the Encore Trademarks entirely and Affiliate agrees to use them only in accordance with the Agreement.
5.3. Restrictions on Affiliate’s Use of the Encore Trademarks
Notwithstanding Section 5.2, Affiliates will not:
Use the Encore Trademarks or variations or misspellings thereof in Affiliate’s business name, logo, branding, advertising, social media or domain name (including without limitation top-level domains, sub-domains and page URLs), products or services (including without limitation, in the name or design of any Application or Theme), unless granted express written permission by Encore in advance of each use; or
Purchase or register search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses or domain names that use the Encore Trademarks or any variations or misspellings thereof that may be deceptively or confusingly similar to the Encore Trademarks.
5.4. Proprietary Rights of Encore
All of the information, property and intellectual property you have access to as a result of your participation in the Affiliate Program belongs entirely to Encore.
6. Confidentiality
Both Encore and Affiliate agree to use Confidential Information only to perform the obligations of the Agreement. Confidential Information must be protected and respected. Merchant Data and Customer Data is Encore’s Confidential Information.
6.1 “Confidential Information” will include, but will not be limited to, any and all information associated with a Party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. For the avoidance of doubt, as between Encore and Partner/Merchant/Affiliate/Member, Merchant Data and Customer Data is the Confidential Information of Encore.
Each Party agrees to use the other Party’s/ies’ Confidential Information solely as necessary for performing its obligations under this Agreement and in accordance with any other obligations in this Agreement including this Section 6. Each Party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such Party’s obligations under this Agreement, who each will treat such Confidential Information as provided in this Agreement, and who are each subject to obligations of confidentiality to such Party that are at least as stringent as those contained in this Agreement; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the Parties and the subject matter contained in this Agreement, provided that, if legally permitted, the receiving Party will give the disclosing Party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information will not include any information that the receiving Party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving Party, at the time of disclosure of such information; (B) is independently developed by the receiving Party without use of or reference to the other Party’s/ies’ Confidential Information, and without breaching any provisions of this Agreement; or (C) is thereafter rightly obtained by the receiving Party from a source other than the disclosing Party without breaching any provision of this Agreement.
7. Disclaimer of warranty
Encore makes no warranties about the Encore Affiliate Program, the Service, the Encore Affiliate tools, the Encore Trademarks, Ads, or the Encore Creative.
8. Limitation of Liability and Indemnification
Encore, and the Encore Related Entities, will have no liability with respect to the Encore Affiliate Program, the Service, the Encore API, the Encore Trademarks, the Encore Creative or Encore’s obligations under this Agreement or otherwise for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for losses of profits, goodwill, use, data or other intangible losses resulting in any way from the Service, the Encore Affiliate tools, the Encore Trademarks, the Encore Creative, or Affiliate’s participation or inability to participate in the Encore Affiliate Program, even if Encore has been advised of the possibility of such damages.
In any event, Encore’s, and the Encore Related Entities’, liability to Affiliate under this Agreement for any reason will be limited to the Fees paid to Affiliate by Encore during the three (3) month period immediately preceding the event giving rise to the claim for damages. This limitation applies to all causes of action in the aggregate, including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts. The relationship between a Merchant and the Affiliate is strictly between the Merchant and the Affiliate, and neither Encore or the Encore Related Entities are obligated to intervene in any dispute arising between the Merchant and the Affiliate. Under no circumstances will Encore, or the Encore Related Entities, be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from or relate to the Affiliate’s relationship with any Merchant. These limitations will apply even if Encore or the Encore Related Entities have been advised of the possibility of such damages. The foregoing limitations will apply to the fullest extent permitted by applicable law.
8.2. Affiliate Indemnification
Affiliate will cover all costs associated with a claim made against, or liabilities incurred by, Encore if it is caused by Affiliate’s breach of this Agreement (including the Acceptable Use Policy), Affiliate’s gross negligence or willful misconduct, promises made by Affiliate to third parties about Encore, Affiliate’s use of the Encore API, Affiliate’s products or services, Affiliate’s infringement or violation of the intellectual property or other rights of a third party, Affiliate’s violation of applicable law, or Affiliate’s relationship with a Merchant.
9.
9.1. Force Majeure
If the performance of any part of this Agreement by either Party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action (including, but not limited to, any law, regulation or embargo prohibiting the performance contemplated under this Agreement or the failure or refusal of a government agency to issue a license required for any performance pursuant to this Agreement), labor disputes, act of God or any cause beyond the reasonable control of that Party, the Party will be excused from such performance to the extent that it is prevented, hindered or delayed by such cause. Notwithstanding anything in this Agreement to the contrary, the Party prevented from performing under this Agreement by a force majeure event will nevertheless use its best efforts to recommence its performance under this Agreement as soon as reasonably practicable and to mitigate any damages resulting from its non-performance under this Agreement.
9.2. Independent Contractors
Both Encore and Affiliate are independent contractors in respect of each other. There is no relationship of agents, representatives or otherwise between you and Encore, except when Encore is dealing with Merchant payments, credits and refunds on your behalf, or unless we say we are expressly doing something on your behalf in this Agreement.
9.3. Non-Exclusivity
Both Encore and Affiliate are non-exclusive to each other and each can enter into similar arrangements with others, as long as that Party does not use the other Party’s confidential information.
9.4. Notice
Notice is considered to be sent on the day it is emailed or hand delivered, 2 days after it is given to a courier, or 5 days after it is placed in the mail.
9.5. No Waiver
The failure of any Party to insist upon or enforce strict performance by another Party of any provision of this Agreement or to exercise any right under this Agreement will not be construed as a waiver or relinquishment to any extent of such Party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect. Each waiver will be set forth in a written instrument signed by the waiving Party.
9.6. Entire Agreement
This Agreement and the documents it links to and references are the entire agreement governing the relationship between Encore and Affiliate under the Affiliate Program, and it replaces any previous agreements.
9.7. Assignment
Affiliate cannot assign away or transfer this agreement to another party without Encore’s consent.
9.8. Applicable Laws
This agreement is covered by the laws of Dubai, UAE. If anything were to go wrong, Dubai, Small Claims Court, DIFC is where the issue would be litigated.
10. Referral Guidelines
The Federal Trade Commission in the United States (“FTC”) has guidelines for governing endorsements and testimonials. These rules are aimed at increasing transparency between endorsers and consumers. As a member of the Affiliate Program with Encore, Affiliate receives compensation for the Referred Merchant referrals made to Encore. This may establish a “material connection” according to FTC rules or equivalent disclosure guidelines for your country, which creates an obligation for Affiliate to provide disclosure to consumers.
Full compliance with these guidelines or equivalent disclosure guidelines for your country requires, among other things, that Affiliate clearly and conspicuously disclose that Affiliate is being compensated for referring Referred Merchants to Encore, and that the Affiliate will not engage in misleading or deceptive advertising.
11. Revenue Sharing Plans for Affiliates
11.1. The Compensation Plan is a revenue sharing plan applicable to Affiliates that introduce Encore to a Merchant, a new member or Affiliate. The Affiliate is entitled to a percentage of certain revenue received from such Merchants or Affiliates, to be determined by Encore in its sole discretion, with Encore being entitled to the remaining percentage. In order to continue receiving revenue share for the Merchants, Affiliates and Members referred, Affiliate must carry out at least one Revenue Generating Activity in each consecutive 3-month period. A description of the current revenue share percentages applicable to Affiliates, amounts eligible to be included in the Affiliate’s revenue share, and a description of current Revenue Generating Activities is available on request.
Encore reserves the right to revise the revenue share applicable to the Compensation Plan, and any ongoing obligations to receive revenue share (including required Revenue Generating Activities) from time to time, at its sole discretion, upon reasonable prior notice to Affiliate. Such notice will be provided by email, posting a notice on the Encore website, or in the Encore Rewards app on the Affiliate Dashboard.
Encore reserves the right to demand and receive information from Referral Affiliates about any Referred Merchant or Premium Member, including but not limited to information with respect to traffic sources and methods used to acquire the Merchant, Affiliate or Member, and assess the legitimacy and qualification of such Merchant, Affiliate or Member for the purposes of determining whether a Fee is payable for such Merchant, Affiliate or Member. Encore will not be responsible to pay any Fees for a Merchant, Affiliate or Member owned in whole or in part by a Referral Affiliate or Referral Affiliate’s employer (whether full-time, part-time, term or any other employment type relationship).
12. Responsibilities
Affiliates will use their best efforts to promote and market Encore, and identify for Encore prospective Referred Merchants and Premium Members.
13. Unauthorized and Prohibited Activities
1. An Affiliate will not:
1.1. promote or advertise Encore or Encore Related Entities on coupon, deal, or discount sites or on GTP/Get Paid to Click or other incentivized sites, or display any offer code on a public-facing page or through the use of a “click to display” offer code;
1.2. use its Affiliate Link directly in any pay-per-click advertising;
1.3. purchase search engine or other pay-per-click keywords (such as Google Ads), trademarks or domain names that use the Encore Trademarks or the names or trademarks of any Encore Related Entities or any variations or misspellings thereof that may be deceptively or confusingly similar to the Encore Trademarks or the names or trademarks of any Encore Related Entity;
1.4. create or participate in any third-party networks or sub-affiliate networks without the express written permission of Encore;
1.5. use or encourage any means of delivering fraudulent traffic, including but not limited to use of bots or toolbar traffic, cookie stuffing, or use of false or misleading links;
1.6. use direct linking to any page on any Encore website, without prior written permission from Encore; or
1,7. mask its referral sites or use deceptive redirecting links.
2. A Referred Merchant can be the Affiliate themselves and for which that Affiliate seeks compensation pursuant to this Agreement.
Last updated 20th July, 2021.
Changes to these Affiliate Program Terms
We may update our Affiliate Program Terms from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting updates on this page.
These Affiliate Program terms are effective as of 2020-07-01
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at team@encorerewards.app.