If you require any more information or have any questions about our site's Affiliate ToS, please feel free to contact us by email at [email protected]
Explodely LLC 1317 Edgewater Dr Suite #4648 Orlando FL, 32804 United States
These Terms of Use govern the services provided to you ("Affliliate" or "you" ) by Explodely (as defined below).
By signing up for our services, or by downloading, installing or otherwise accessing or using the Services (as defined below), you agree that you have read, understand, and accept the terms and conditions described below (the “Terms of Use”). In addition to any other rights or remedies afforded Explodely under or otherwise in connection with this Agreement, you agree and acknowledge that you have read and agree to comply with the following policies which are hereby incorporated by reference into, and made a part of, this Agreement:
- Acceptable Use Policy
- Supplier Terms of Service
- Affiliate Terms of Service
- QuickPay Terms of Service
- Refund Policy
- Privacy Policy
- Cookie Policy
- AML Statement
- DMCA Policy
- Disclaimer
You must accept these Terms of Use if you wish to use these Services (as set forth below), else you may not use them. We will provide these Services to you only if you agree to the Terms of Use.
At times, we may update these Terms of Use. When that occurs, we will change the “Last Updated” date that is at the bottom of this page. Changes will become effective as soon as published. You must always review them and check whether anything has changed. Any new version of the Terms of Use will replace all older versions. If you continue to use our Services after we made changes, it means that you accept these updated Terms of Use. We will resolve disputes occurring under these Terms of Use based on what Terms were when the dispute arose.
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorised uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Should You decide to market, promote, or advertise ("Promote" or a "Promotion") any Explodely product that either You or a third party's Explodely client listed for sale on Explodely, regardless of whether the Product is listed via the Explodely Marketplace or third-party channels, including with the intention of gaining a share of the sale price of any Product sold thanks to said Promotion ("Commissions"), You understand, accept, agree, represent and authorise that:
As an Affiliate you must abide the [email protected]
To effectively Promote a Product, you must follow the trademark standards of the relevant Supplier. This includes trade names, logos, and service marks. The guidelines may be provided by Explodely. The term "Supplier" refers to any individual or business that registers one or multiple Products to be sold on the Explodely Marketplace.
Neither will you make any unlawful or unauthorised use of any intellectual property or other proprietary rights (IP Rights) owned by any company or individual, nor will you breach any copyright, patent, trademark, trade secret, privacy or publicity right.
You shall not tamper with or try to influence Explodely's Marketplace's rankings. Neither will you interfere or tamper with Commissions' tracking or the regular traffic flow to, via, or from the Explodely Services.
Sexually explicit materials, violence, Products from any online platform that host or promote unlawful content and materials are prohibited. The same goes for the promotion of alcoholic beverages, illicit substances (such as marijuana), or sex, race, nationality, religion, age, or sexual orientation discrimination.
You must not market any service or product to anyone aged thirteen years old (13) or under.
You must not damage anyone’s reputation.
Except as specifically authorised by this Agreement, you will not use any trademarks or other brand identifiers, nor any copyrighted content.
Usernames, domain names, and other identifiers, such as those on social networking sites, may not contain any variant or misspelling of third-party trademarks or other brand identifiers.
You shall not replicate any third-party site in any way, or somehow suggest that the Promotion is a third-party website.
Concerning any Promotions and/or any Product, You shall make all disclosures and disclaimers required to avoid misleading or deceptive statements in your communications and/or representations. There must be explicit disclosures and disclaimers, and they must conform with all applicable laws in Your country, as well as U.S. federal and state regulations, including the Federal Trade Commission's ("FTC") rules and standards for advertising, disclosure and consumer protection, such as the FTC's Endorsement Guidelines.
Explodely has the option, but not the obligation, to evaluate Your Promotions for suitability. Customer support, delivery pages, Product Promotion, or other things associated with Your Promotions' content may be changed at any time by Explodely without prior notice to you. You acknowledge and accept such future changes.
You agree to supply Explodely with accurate contact information, such as a valid email address so that Explodely can submit queries and get a non-automated response by the end of the next working day.
There are no guarantees that the information supplied by Suppliers will be accurate, complete, adequate, or up to date, and Explodely shall not be held responsible or liable for this. The same goes for any prizes, bonuses, or any other incentives the Suppliers may offer, or otherwise supplied by Suppliers through the Explodely Services. You are solely responsible for your use of the data provided by a Supplier. You recognise and accept that Explodely does not validate any claims, statements, incentives, or Promotions presented by Suppliers using the Explodely Marketplace or their JV/Affiliate page.
You'll abide by all rules, laws, and regulations that apply.
The Account will grant you access to the Affiliate Dashboard, where you can monitor the traffic and sales generated as well as the amount owed to the Affiliate.
Sales made by an Explodely affiliate will automatically divide the sales price between the affiliate and the vendor subtracting Explodely's discount. As soon as the sale is completed, monies are deposited to the Affiliate's and Supplier's accounts, respectively.
4.1 The minimum payment threshold is $250 and there is a 5 unique buyer Minimum Sale Requirement (MSR). Explodely collects a $20 handling fee for all payments issued.
4.2 Payments are made weekly via eCheck/Local Bank Transfer/ SEPA, Wire Transfer, Check, Crypto or Prepaid Debit Card. The method of payment chosen defines the speed at which it is received. Payments sent via Local Bank Transfer will be sent in the Affiliate’s local currency. Affiliates understand that payments sent in local currency (other than USD) may incur conversion fees and Explodely cannot guarantee any specific conversion rate and will not be responsible for any charges that occur.
4.3 Explodely is not responsible for any charges associated with the return of transfers. If a transfer is returned, the charge, if any, will be applied to your account.
4.4 A 20% reserve is generally retained for 189 days in order to cover possible refunds or chargebacks. You accept that we may adjust the deposit without prior notice to account for possible increases in customer refunds or chargebacks, as well as every other potential expenditure or fees, or for whatever reason that Explodely deems in its sole discretion is appropriate. You accept that you have no rights to any interest earned on any funds put into your account.
5.1 Each product sold via the Explodely Marketplace comes with a 60-day, no-hassle money-back guarantee, as per Explodely’s Money Back Guarantee & Refund Policy.
5.2 Explodely may choose to offer a refund after 60 days to avoid fraud or mitigate a chargeback.
5.3 To obtain a refund, customers must create a help desk ticket, send us an email, or call us at the following number: 1-800-111-2233.
5.4 Any Explodely account that has a positive balance but has not earned any money for 90 days is regarded as dormant. When an account remains inactive for more than 90 days without generating any income, a charge of $1 is applied per pay period. This charge will increase to $5 per pay period after not generating any revenue for 180 days and $50 per pay period after not generating any income for 365 days.
6.1 We reserve the right, without prejudice, to set off the entire or parts of the liability of the Affiliate to us under these Terms of Use against any sums, funds, or other money owed to the Affiliate under these Terms of Use, which include:
(i) Chargebacks and refunds liability;
(ii) infringement of our Acceptable Use Policy; or
(iii) using our Services in a fraudulent or unlawful manner.
6.2 The Affiliate acknowledges and accepts that we may execute our right of set-off under clause 9.1 at any time without prior notice to the Affiliate. We will do so regardless of whether the liability is liquidated or unliquidated, present or future, actual or contingent. It is possible that we will convert a liability to be set off at a market rate of exchange if it is expressed in different currencies. If the set-off does not fully repay us for our liability, the Affiliate must immediately pay us the difference.
6.3 It should be noted that Explodely is under no obligation to pay any earnings linked with activities or Products that it determines, in its sole judgment, as illegal or fraudulent under any applicable law or regulation, or if it violates Explodely’s Terms of Use.
It is your responsibility to protect and indemnify Explodely, its officers, employees, and directors, as well as users, from and against any liabilities, claims, and penalties (such reasonable legal expenses) emerging from:
(i) any information submitted or accessed by you or anyone using your account while using the Services;
(ii) your infringement of any representation or guarantee or violation of these Terms of Use, or any agreement or other document that you may agree to with a third party;
(iii) any breach by you or inability for you to comply with the applicable laws and regulations related to your use of the Services, whether or not specifically described in this document; and
(iv) any dispute arising out of or relating to the Product.
(v) When Explodely receives notice of a Claim for which it is eligible to indemnification from You, Explodely will give You written notice and the chance to take exclusive responsibility for the settlement or defence of the Claim, as well as sufficient support to defend and settle the Claim at Your own expense; as long as (i) when a settlement imposes a non-monetary obligation on Explodely, as well as an acknowledgement of guilt or wrongdoing on Explodely's part, Explodely's prior written approval would be required (ii) the inability to give prompt notice, support, or control, shall not exempt You from Your indemnification duties; and (iii) Explodely reserves the right to have its counsel present at and taking part in all negotiations or proceedings relevant to a Claim, at Explodely's expense, except if You fail or refuse to promptly retain legal counsel, in which case You will be responsible for all expenditures incurred by Explodely in connection with the use of such counsel.
(vi) Expenses incurred by Explodely in responding to non-claim matters, including DMCA complaints, may be recovered by deducting a reasonable amount from any money due to You by Explodely. The amount will be up to a total of ten thousand dollars ($10,000) per event. Should Explodely experience any loss related to Your breach of Explodely's E-mail/Text Message/Tele Marketing Policy as set out in Section 6 above, Explodely may first recover those losses in excess of any sum owing to you by Explodely subject to a total of twenty thousand dollars ($20,000) per event. You acknowledge that the foregoing remedies are not exhaustive and that Explodely reserves all indemnification rights. You hereby authorise Explodely to make any such deductions and relieve Explodely from any and all liabilities arising out of such deductions.
8.1 Explodely disclaims, as far as the law allows, any warranties, explicit, implied or statutory with relation to the services. Services are offered as-is without restriction and without warranties of any kind, including implied warranties of merchantability or any warranties of performance, fitness for a specific purpose, title and non-infringement. Moreover, Explodely makes no representation or warranties that the service is complete, accurate, up-to-date, reliable, error-free or virus-free or that there will be no interruption of service. The exclusion of implied warranties is not permitted in some jurisdictions; thus, this disclaimer may not be applicable to you.
8.2 Explodely, its service providers, partners, affiliates or any of their respective officers, directors, agents, or employees shall in no way be responsible for any incidental, special, indirect, incidental, punitive, consequential or exemplary damages, regardless of them being foreseeable or unforeseeable, arising out of, or related to, these Terms of Use. This is irrespective of whether either party was made aware of the possibility or probability of these kinds of damages arising or if claims are centred upon or solutions are looked for in contract or tort. Explodely's total (i.e., not per-claim) liability resulting from, in connection with, or linked to these Terms of Use will be capped at $50,000 to the fullest extent permissible by applicable law.
Where any provision of these Terms of Use is deemed by a court of competent jurisdiction to be unlawful or non-enforceable, the Parties shall still agree for the Court to attempt, as provided for in the provisions, to give effect to the intentions of the Parties and the other sections of those Terms of Use continue to be in effect and full force. Neither Explodely's acceptance of a breach of one of these Terms of Use's provisions nor its inability to act in response to a breach of one of these Terms of Use's provisions waives Explodely's right to act in response to future or similar breaches. Additionally, Explodely's omission or delay in exercising or enforcing any right or term of these Terms of Use shall not be construed as a waiver of such right or provision.
Under these Terms of Use, any Confidential Information given by one party to another is considered confidential. Confidential Information received by a party is not to be used, disclosed, or otherwise exploited by the party receiving it. In particular:
10.1 every Party must use the same adequate care in avoiding the publishing or distribution of the other Party's Confidential Information, as it provides to its own Confidential Information of similar kind, which it wishes not to publish or distribute.
10.2 Confidential Information supplied according to these Terms of Use shall be used solely for the purposes of these Terms of Use or the fulfilment of the receiving party's responsibilities hereunder. The receiving party guarantees that it will not utilise the disclosing party's confidential information other than in the process of completing its obligations under this agreement and that it will not utilise this confidential information for its own or any third party's benefit.
10.3 in the event that these Terms of Use are terminated or cancelled, the parties shall still commit not to divulge confidential information. There should be no obligation of either party to protect the other party's confidential information if:
(i) the receiving party legitimately receives information from another party with no confidentiality obligations, or
(ii) the receiving party independently discovers or produces the information without using confidential information, or
(iii) the information is made public by means other than a breach of duty by the receiving party; and
(iv) in addition, confidential information may be disclosed by a receiving party if the data is necessary in accordance with a government agency or law requirement, provided the receiving party gives the disclosing party sufficient notice before the disclosure is made.
11.1 Explodely must ensure that Buyer's security, integrity, and confidentiality as specified in our Privacy Policies at https://explodely.com/legal.html (or other URL that Explodely may sometimes provide) are adequate administrative, technical and physical protection.
11.2 All parties are responsible for adhering to Data Protection Legislation. If any information or data given by one party to the other party is personal data under Data Protection Legislation, the party designated the Data Processor shall:
(i) process both information and data solely in compliance with the Data Controller's instructions.
(ii) not transfer such information and data to a territory or country that is not within the European Economic Area if not in possession of the Data Controller's written consent with the exception of allowed derogations outlined in the GDPR.
(iii) take adequate operational and technical steps to protect such information and data from processing that is either unlawful or unauthorised. The same applies to accidental loss, destruction, or damage to such data and information.
(iv) to refrain from marketing to individuals covered by GDPR but have not given their consent to receive marketing communications.
11.3 Individuals covered by GDPR can ask you to remove, correct, or restrict the processing of personal data. Any data requests you receive from individuals covered by GDPR, or any data requests received by Explodely in relation to data you are processing, must be honoured within 30 days of receipt. You acknowledge that you are responsible for putting in place good systems and processes to meet this requirement.
11.4 By using any of Explodely's service(s), you, the Affiliate, give Explodely permission to capture and use the buyer's information to market other related or non-related products and services. Explodely agrees to strictly adhere to all pertinent laws when doing so. Explodely can choose any marketing method when promoting these products or services (via email, postal service, sms or any other method Explodely decides) and can do so as frequently or infrequently as it feels necessary. Whichever method chosen, Explodely agrees to follow all applicable laws and "Best Practices" when doing so.
12.1 These Terms of Use may be terminated by either party at any time by providing the other party with written notice of at least thirty (30) days.
12.2 If any party fails to comply with these Terms of Use, the other party may terminate these Terms of Use by giving the other party written notice if:
(i) the other violates its obligations under the Terms of Use, and such violation is not rectifiable;
(ii) the other violates its obligations under the Terms of Use, and such violation is not rectified within 14 days of receiving a violation's written notice;
(iii) one party's licence, consent, or authorisation is revoked or amended, preventing the other party from fulfilling their duties under these Terms of Use or receiving any benefits they are entitled to;
(iv) whenever the other party stops being in business or somehow suggests that they may wish to do so, or is not able to settle their debts (as per section 123 of the Insolvency Act 1986) or goes bankrupt or an order is made, or a resolution passed for the winding-up, administration, or dissolution of the other party (other than for the sake of a solvent amalgamation or reconstruction) or an administrative or other receiver, liquidator, manager, trustee, administrator, or similar officer is selected to handle all, or most of the other party's assets or the other party enters into or suggests any arrangement or composition with its creditors generally or any similar event happens in any relevant jurisdiction.
12.3 If you breach any of these Terms of Use, Explodely may terminate them promptly by written notice to you if:
(i) one of its payment method providers requires it to do so;
(ii) if the Affiliate engages in any criminal/fraudulent activity or fails to comply with relevant laws or Payment Scheme Rules;
(iii) if the Product's chargeback rate exceeds the highest limit imposed by the Card Schemes.
12.4 If these Terms of Use are terminated, neither party's accrued liabilities or rights will be affected.
13.1 The expiration or termination of these Terms of Use will not relieve any party of their responsibility to pay all monies due and payable.
13.2 If such Terms of Use are terminated or expire, Explodely shall, within thirty (30) days, destroy or return to you (i) complete Product’s access details; (ii) each documentation, manual, fee schedule, product literature, and any further written materials that you provided; or (iii) all of your property, including Confidential Information, while in its possession or control.
Explodely offers professional information, such as compliance or financial information, for informative reasons only and should not be considered as accounting or legal guidance. Prior to taking action on any facts, information, or opinions supplied about or via Explodely Services, you should obtain independent advice from someone who is knowledgeable or licensed in the relevant field. You acknowledge and agree that Explodely employees, agents, or representatives, are neither licensed nor authorised to offer guidance, and you agree not to use the information given by our employees, agents, or representatives, as such. In addition, you acknowledge and agree that by accessing information, opinions, or facts regarding or via the Explodely Services, You are not establishing a relationship with Explodely or its employees, agents, or representatives that would give You any client privileges that might be linked to professional certifications or licenses.
15.1 All parties agree that these Terms of Use comprise their entire agreement and replace any prior understandings, agreements, and arrangements between the parties regarding its subject matter, regardless of whether it is in writing or verbal.
15.2 All parties understand that they have not entered into these Terms of Use with regard to any representations or warranties not specifically provided for in these Terms of Use. They shall also have no remedies regarding these. None of the parties will be entitled to assert a negligent or an innocent misrepresentation claim based on any statement contained in these Terms of Use.
15.3 You may not, wholly or in part, without the prior written agreement of Explodely, subcontract, assign, or restrict any obligation or right under these Terms of Use. Explodely's consent shall not be delayed or withheld unfairly. Assignments made in breach of Section 20.3 are invalid.
15.4 No parties will be in violation of these Terms of Use. Furthermore, they will not be liable for delaying or failing to perform any of their duties under such Terms of Use if the failure or delay is the outcome of an event, cause, or circumstance that a party cannot reasonably control. A fair extension of time for the performance of such duties will be granted in these kinds of circumstances to the party that has been affected.
15.5 No delay, omissions, or acts in any exercise of any rights or remedy by any of the parties shall be considered a waiver, or any type of remedy or right, except if specifically agreed.
15.6 Unless given explicitly in these Terms of Use, the remedies and rights granted under these Terms of Use shall be added to and not be excluded from the law's rights or remedies.
15.7 Should any condition or part of these Terms of Use condition become illegal, invalid, or unenforceable, that condition or part of a condition shall be minimally amended to make it valid, enforceable, and legal. Any condition or portion thereof that cannot be modified is considered deleted. The enforceability and validity of the remaining conditions of these Terms of Use will not be affected by any change to or removal of a condition or part of a condition.
15.8 All parties are responsible for complying with all applicable laws, regulations, regulatory policies, industry codes, and guidelines, as well as for maintaining all necessary authorisations, approvals, authorities, and permits that may sometimes be required in order to undertake its obligations under or concerning these Terms of Use.
15.9 The parties are independent entities and are not partners, principals and agents, or employers and employees, nor are they in any other type of trust relationship with one another, such as a business partnership.
15.10 Every notice under or concerning these Terms of Use, except for notices sent in relation to legal proceedings or arbitration, shall be sent in written form or by email ([email protected]) to the address provided for the relevant party herein or to any address that a party may notify the other party of at any point. A notice shall be sent and considered received by first class post on the second Business Day after being sent or handed out in person.
15.11 Obtaining and maintaining all appropriate licenses and permissions necessary for running Your business is your own and exclusive responsibility.
EXPLODELY'S INTELLECTUAL PROPERTIES RIGHTS. Other than as expressly provided in Section 8(b) below, you shall not use Explodely's name, Explodely's trademarks, service marks, or any other Explodely intellectual property rights in any way that implies affiliation or association with, or endorsement by, Explodely without the explicit written authorisation of Explodely, which Explodely reserves the right to withhold. Furthermore, Explodely prohibits using images or copies of payment checks that Explodely issued for promotional purposes.
Should an email be sent or caused to be sent by You pertaining to the direct or indirect sale or Promotion of a Product and/or the way You utilise the Explodely Services, You agree, represent, acknowledge, and warrant that these Emails will comply with all relevant state and federal laws and regulations concerning the utilisation of electronic messages. This also includes the Children's Online Privacy Protection Act ("COPPA") and the Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM Act")(You can learn more about these laws at http://www.ftc.gov/spam/ and https://www.ftc.gov/tips-advice/business-center/privacy-and-security/children%27s-privacy).
You must not exploit known or unknown security flaws on any client or server, collect email addresses using automated software, send emails to addresses that were collected with the aid of automated software, or use viruses, spyware, or other ways of bypassing system security or compromising customer privacy.
Except with the previous written consent of Explodely, You are prohibited from sending or initiating any text message or from using or providing any telemarketing services in order to promote or sell Products, whether directly or indirectly. You represent and guarantee that, when you get the approval and send any text messages or utilise or provide telemarketing services relating to the direct or indirect advertising or sale of any product as well as Your use of Explodely services, all these calls or text messages shall comply fully with all relevant state and federal laws and regulations pertaining to using telemarketing services and sending electronic messages. This includes any regulations issued by the CAN-SPAM Act, the FTC, the Federal Communications Commission ("FCC"), the Telephone Consumer Protection Act ("TCPA") as well as state laws pertaining to text messages, anti-spam, and Do-Not-Call Registries (You can learn more about these laws at:
https://www.fcc.gov/sites/default/files/tcpa-rules.pdf https://www.fcc.gov/consumers/guides/stop-unwanted-robocalls-and-texts https://www.ftc.gov/tips-advice/business-center/privacy-and-security/children%27s-privacy
These Terms of Use shall be governed by and construed in accordance with US law and the parties irrevocably agree that the US courts shall have exclusive jurisdiction over any claim or matter arising under or in connection with these Terms of Use.
If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to it, you may send an email to legal@explodely.com.
This document was last updated on July 20, 2021
