ERITOSAKURU EXCLUSIVE PARTNER
TERMS & CONDITIONS
Eritosakuru, a brand of MIK Consultivo Ltd, extends an invitation for you to become an independent Eritosakuru Exclusive Partner (“Affiliate”), wherein you can earn additional income by referring accounts to Eritosakuru. These terms and conditions, governed by UK law, outline your rights and responsibilities as an Affiliate. By clicking “I Accept the Terms and Conditions” and submitting your application, you acknowledge your acceptance of these terms and agree to abide by them.
SECTION 1 – PARTIES
All references to “Eritosakuru” herein mean and refer to Eritosakuru, a brand of MIK Consultivo Ltd. All references to “You” and “Your” mean and refer to the person or entity who has executed this Agreement. Eritosakuru and You are each referred to herein as a “Party,” and collectively as the “Parties.
SECTION 2 – APPLICATION
You agree to provide all information requested by Eritosakuru in connection with Your Affiliate application, and You affirm that all information that You provide is truthful and accurate. You understand and agree that Eritosakuru retains sole and exclusive discretion to determine whether You qualify for participation in the Eritosakuru Affiliate program. Not everyone who applies for the Eritosakuru Affiliate program will qualify to participate.
SECTION 3 – CONSENT TO BE CONTACTED
You expressly consent to be contacted at the email address and the phone number You provide in Your application about Your application and the Affiliate program, including through automated dialing systems, texts and artificial or pre-recorded messages. This consent is a material condition of this Agreement and may not be revoked except in writing by both Parties.
SECTION 4 – COMPENSATION
If Your application to become an Affiliate is approved by Eritosakuru, You will receive a unique Affiliate ID/Partner Key. The Affiliate ID/Partner Key will be incorporated within each URL which you will use to advertise Eritosakuru. You will have the opportunity to receive a commission for each sale (“Sale”) that is registered using Your Affiliate ID/Partner Key.
In the event that a potential new user (“Prospect”) has multiple Affiliate cookies (“Cookies”), the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. There are some products sold that do not have trial periods.
Provided that the Sold Account (as defined below) remains in good status within thirty (30) days from the Sale, You will be paid a commission for each Sold Account that generates a payment to Eritosakuru in a month (“Commission”). Except as otherwise provided herein, Commission payments will be paid on the 15th of each month following Eritosakuru’s receipt of payment for a Sold Account, subject to the other terms of this Agreement. In the event the 15th of each month falls on a holiday, Commission payments will be paid on the business day preceding the holiday. All Commission payments are based on the amount of fees received by Eritosakuru, less sales taxes.
The amount of Commissions are as follows:
Paid Partner Subscription across all tiers: 15% (applicable to all Eritosakuru Customers) for a period of two (2) years from the date your Prospect becomes a Eritosakuru customer.
Second Tier Paid Partner Subscription across all tiers: 7% (applicable to all approved Affiliates) for a period of two (2) years from the date your Prospect becomes a Eritosakuru customer.
All Commissions are paid in GBP or otherwise in currencies offered by the payment provider. Some payment methods may incur processing fees that may be deducted from Your Commissions payment. Your Commission must equal or exceed Nine Hundred Fifty and 00/100 Pounds (£950.00) before You receive a payment from Eritosakuru. If Your Commissions in a 120-day period do not exceed £950.00, Your Commissions will not be paid and will be forfeited.
Once a Commission of £950 or more is earned, You will need to register with Eritosakuru's third-party payment provider to receive payment of Commissions. This means You are authorizing third-party companies to contact You. You will be deemed to have permanently waived all rights to Commissions that were earned more than 120 days before submitting a completed W-8 or W-9 tax form or any ancillary supporting documentation that is requested to confirm the information on your tax form. If You are in a country that has entered into a Tax Treaty with the UK, You may be eligible to receive payments from Eritosakuru without deduction of UK tax. It is your responsibility to notify Eritosakuru of your eligibility under such a Tax Treaty. You will be solely responsible for any tax liabilities arising from any payments received from Eritosakuru.
SECTION 5 – TERM AND TERMINATION
The term of this Agreement shall commence upon Your acceptance into the Eritosakuru Exclusive Partner program and shall continue thereafter until terminated by either Party as provided herein. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party written notice of termination. Eritosakuru may also terminate this Agreement immediately without notice if You breach any of the terms or conditions of this Agreement.
SECTION 6 – ADDITIONAL REPRESENTATIONS AND WARRANTIES
You represent and warrant that You will comply with all laws and regulations applicable to Your activities under this Agreement, including but not limited to all applicable data protection laws. You further agree to notify Eritosakuru promptly if You become the subject of any investigation or lawsuit related to Your conduct as an Affiliate.
SECTION 7 – MODIFICATION/AMENDMENTS
Eritosakuru reserves the right to modify, amend or change these Terms and Conditions, and any other policies or guidelines governing the Exclusive Partner program, at any time, without notice, at its sole discretion. Modifications may include, but are not limited to, changes in the scope of available Commissions, payment procedures, and Exclusive Partner Program rules. All such modifications shall take effect immediately upon notice, which may be given by means including but not limited to, posting on the Eritosakuru website, or by electronic mail. Your continued participation in the Exclusive Partner program following such notification will constitute Your binding acceptance of the modification.
SECTION 8 – ENTIRE AGREEMENT
This Agreement, along with the MIK Consultivo Ltd's Terms and Conditions, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements or communications.
Appendix A
The Affiliate Agreement and Advertising Rules encompass supplementary terms that are applicable to all affiliate activities. These supplementary terms apply:
General Compliance Guidelines:
Affiliates must ensure that all advertisements they publish or distribute adhere strictly to relevant laws and regulations in the UK. This includes but is not limited to laws prohibiting deceptive and misleading advertising and marketing, as well as legislation governing email marketing (such as the UK's Privacy and Electronic Communications Regulations), and testimonials (including guidelines set forth by the Advertising Standards Authority). Affiliates must also abide by all guidelines issued by regulatory bodies such as the Advertising Standards Authority (ASA) and the Competition and Markets Authority (CMA). It is the sole responsibility of the Affiliate to ensure compliance with these laws.
Affiliates are strictly forbidden from making claims about MIK Consultivo's products and services that contradict or exceed the scope of marketing materials provided by MIK Consultivo on its website, www.mikconsult.com. Additionally, Affiliates are prohibited from using telemarketing, fax, or text messaging to distribute advertisements to any device.
Affiliates must not offer monetary incentives, such as rewards points, cash, or prizes, to Prospects in exchange for responding to advertisements. However, Affiliates may provide Prospects with valuable information and materials, such as financial templates, e-books providing relevant valuable information, and commercial property insights, at reduced or no cost. It is crucial that Affiliates accurately describe and deliver such information and materials to Prospects.
MIK Consultivo reserves the exclusive right to determine whether an Affiliate's advertising and conduct comply with all applicable laws in the UK.
Disclosure Requirement:
Whenever Affiliate promotes any MIK Consultivo service or product on a website, they must prominently display a disclaimer, such as the following example:
Disclosure: I am an independent MIK Consultivo Affiliate, and not an employee. I receive referral payments from MIK Consultivo. The opinions expressed here are solely my own and do not represent official statements of MIK Consultivo.
Non-Disparagement Policy:
Affiliate is prohibited from making negative comments or disparaging remarks about the products or services of MIK Consultivo or any other individual or entity, including but not limited to competitors of MIK Consultivo. Affiliate must refrain from engaging in any unlawful or deceptive practices related to search engine optimization, including but not limited to using techniques that generate paid search results using MIK Consultivo's trademarks or brand names, or those of its competitors or any other third party. Affiliate is also prohibited from directly linking to MIK Consultivo's sales page from any paid advertising.
Social Media Guidelines:
If Affiliate advertises on Instagram or YouTube, each post must adhere to the following requirements:
- Each post must include #MIKConsultivo.
- #ad must be prominently displayed in a clear and conspicuous location before the text of the description and before the "More" button in all instances.
- Each Instagram post must utilize Instagram’s "Paid Partnership" tool.
- Each YouTube post must feature the terms "Ad," "Advertisement," "Promotion," or "Paid Partnership" within the video itself, in a font size that is easily readable to viewers, and must persistently appear throughout the video in the top right-hand corner.
If Affiliate is promoting on other written social media platforms such as Facebook or Twitter, they must adhere to the aforementioned disclosure requirements relevant to each platform. Additionally, Affiliate must comply with all rules set forth by each social media platform they utilize.
Income and Business Opportunity Claims:
Affiliates are strictly forbidden from making any claims that suggest the use of MIK Consultivo will guarantee financial success. If Affiliate's recruitment efforts involve discussing income earned from using MIK Consultivo or as an Affiliate, they must adhere to the following guidelines:
(a) Affiliate's statements must be completely truthful, accurate, and supported by evidence of Affiliate's personal experience.
(b) Affiliate's statements must be accompanied by the following disclaimer, prominently displayed in clear and conspicuous font: "These were my results. Your results may vary depending on factors such as your education, effort, and market conditions. There is no guarantee you will achieve any specific level of earnings."
Affiliate is also explicitly prohibited from making any express or implied claims that MIK Consultivo offers a business opportunity, franchise opportunity, a "business-in-a-box," or an assisted marketing plan.
MIK Consultivo's Trademarks:
Affiliates are prohibited from using, copying, or reproducing any logo, tagline, trademark, trade name, or trade dress owned by MIK Consultivo (referred to as the "MIK Consultivo Trademarks") except as outlined below. Affiliate must not register any MIK Consultivo intellectual property or any mark that closely resembles MIK Consultivo intellectual property as a trademark or domain name in any country.
General Restrictions:
You affirm and guarantee your compliance with the following terms:
- You will solely utilize the Links provided for each banner, text link, or other affiliate link from the affiliate interface without any form of manipulation or alteration.
- "Self-referring" is prohibited, meaning only transactions made by individuals using your Link will result in Affiliate Fees.
- Referral manipulation to switch from other affiliates is not permitted. We will only consider switching a referral if the customer specifically requests it through support.
- Engaging in fraudulent, abusive, or harmful behaviors towards the MIK Consultivo website or its Affiliate Program is strictly prohibited.
- We reserve the right to periodically review your placement and approve the use of your Links, and may request changes to ensure compliance with provided guidelines.
- Your website must not replicate or imitate the appearance of the MIK Consultivo Marketing Site in any manner, nor create any impression that your website is a part of or affiliated with ours.
- Practices such as cookie stuffing, pop-ups, or inclusion of false or misleading links on your website are prohibited. Attempting to disguise the referring URL information is also not allowed.
- If a new customer signs up without an affiliate, they have the duration of their trial period to contact MIK Consultivo support to be manually assigned to an affiliate. Once assigned, they cannot be switched to another affiliate.
- Maintenance and updating of your website(s) are your responsibility. We may monitor your website(s) to ensure they are up-to-date and may notify you of any comments related to the Program.
- It is your responsibility to adhere to all applicable intellectual property and other laws regarding your website. You must obtain explicit permission to use any copyrighted material belonging to individuals, businesses, or entities. MIK Consultivo will not be held responsible for any infringement of third-party rights.
- Sending unsolicited bulk emails (spam) is prohibited. You may not create advertisements that appear on sites or apps containing or referencing sensitive categories such as adult content, violence, alcohol, drugs, or offensive content.
- You may only use images, text, or content provided by MIK Consultivo as authorized under this Agreement, and may not modify such materials in any way. All rights to these materials are reserved by MIK Consultivo, and licenses or rights granted may be revoked at any time for any reason.
- You acknowledge MIK Consultivo's ownership of Licensed Materials and agree not to challenge this ownership. Your use of Licensed Materials must be in accordance with this Agreement, and you agree that any goodwill associated with such use shall benefit MIK Consultivo. If required, you agree to assist in recording this Agreement with relevant government authorities. You acknowledge that this Agreement does not grant you any ownership rights to the Licensed Materials.
Terms of this Agreement:
You are prohibited from providing discounts, coupons, free trials, promo codes, or any other promotional offer unless explicitly authorized in writing by MIK Consultivo. MIK Consultivo reserves the right to offer access to such promotions on a case-by-case basis, and you agree to adhere to all terms and restrictions established by MIK Consultivo for such offers.
Unless expressly permitted in writing by MIK Consultivo, you are not allowed to promote through a sub-affiliate network. All advertising and affiliates must agree to the terms outlined in this Agreement unless otherwise specified in writing by MIK Consultivo.
PPC Restrictions:
Without prior written consent from MIK Consultivo, you agree to adhere to the following restrictions:
- You are prohibited from bidding on any of our Restricted Terms (defined below), including variations or misspellings thereof, for search or content-based campaigns on platforms such as Google, Bing, MSN, Yahoo, Facebook, or any other network.
- "Restricted Terms" include the following: MIK Consultivo, MIKConsultivo.com, www.mikconsultivo.com, MIK Consultivo coupon, MIK Consultivo discount code, MIK Consultivo discount, MIK Consultivo promo code, MIK Consultivo sale, MIK Consultivo promo, MIK Consultivo sales, MIK Consultivo deals, Eritosakuru, Eritosakuru.com, www.eritosakuru.com, Eritosakuru coupon, Eritosakuru discount code, Eritosakuru discount, Eritosakuru promo code, Eritosakuru sale, Eritosakuru promo, Eritosakuru sales, Eritosakuru deals, MIK Consult, MIKConsult.com, www.mikconsult.com, MIK Consult coupon, MIK Consult discount code, MIK Consult discount, MIK Consult promo code, MIK Consult sale, MIK Consult promo, MIK Consult sales, MIK Consult deals,
- Our Restricted Terms, including variations or misspellings as mentioned above, cannot be used in conjunction with any other keyword.
- Our Restricted Terms may not be utilized in your ad title, ad copy, display name, or as the display URL.
- You are prohibited from incorporating any of our trademarked terms into the domain or sub-domain of your website.
- Direct linking to the MIK Consultivo site from any PPC ad or using redirects with the same outcome is not permitted. Customers must be directed to an actual page on your website.
- Bidding in any manner that appears higher than us for any search term in positions 1-5 in any auction-style PPC advertising program is not allowed.
- If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your marketing activities. We strongly advise adding our trademarked terms as negative keywords.
- We maintain a strict no-tolerance policy regarding PPC trademark bidding. We will not engage in discussions regarding the timing of violations. Consequences include forfeiture of all Affiliate Fees for a minimum of the past 30 days, resetting your Affiliate Fee balance to $0 without prior notice, and termination of your participation in the Program at our discretion.
General Advertising Restrictions:
You affirm and assure that Your Website(s), social media posts, and all advertising materials will not:
- Violate our or any other party's intellectual property, publicity, privacy, or other rights.
- Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, offensive, or includes nudity, pornography, or sexually explicit materials.
- Include any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines intended to damage, disrupt, intercept, or appropriate any system, data, or personal information.
- Incorporate software or utilize technology that seeks to intercept, divert, or redirect Internet traffic to or from any other website, or enables the diversion of affiliate payments from another website. This encompasses toolbars, browser plug-ins, extensions, and add-ons.
Subject to the stipulations below, approved Affiliates are granted a limited, revocable, non-transferable, and non-assignable license to use the term "MIK Consultivo" and "Eritosakuru" for online advertising purposes. Whenever Affiliate references "MIK Consultivo," and/or "Eritosakuru" it must be done accurately and without misleading representations. Affiliate is prohibited from incorporating "MIK Consultivo" and/or "Eritosakuru" or any similar variation(s) into any URL, domain, or website name without prior written consent from MIK Consultivo.
MIK Consultivo maintains complete ownership of all intellectual property rights associated with MIK Consultivo, including any unregistered trademarks or proprietary materials. Affiliate is obligated not to support or provide services to any business or individual that violates MIK Consultivo's intellectual property rights.
Complaint Notification:
Affiliate is required to promptly inform MIK Consultivo of any complaints received regarding advertisements, within twenty-four (24) hours of receiving such complaints. Notifications should be sent to affiliate.eritosakuru@mikconsult.com.
Independent Contractor:
Affiliates operate as independent contractors of MIK Consultivo. The Parties explicitly understand and intend that no employer-employee or principal-agent relationship shall arise between MIK Consultivo and You under this Agreement. You do not possess the authority to act on behalf of or legally bind MIK Consultivo in any capacity, nor do you participate in MIK Consultivo's profits or losses. The sole compensation available to You is outlined in this Agreement. You bear sole responsibility and liability for all of your actions or omissions.
No Warranty, No Leads:
MIK Consultivo does not provide any assurances, guarantees, or warranties regarding your business success, income, or sales. You acknowledge and understand that MIK Consultivo will not provide any sales leads or referrals to you. Furthermore, you recognize and agree that this arrangement does not constitute a business opportunity, franchise opportunity, "business-in-a-box," or an assisted marketing plan. You are solely responsible for acquiring and financing any materials and resources necessary to operate as an Affiliate, as determined by your own discretion.
Limitation of Liability:
Except where otherwise inapplicable or prohibited by law, MIK Consultivo, along with its officers, directors, shareholders, employees, independent contractors, telecommunications providers, and/or agents, shall not be held liable for any indirect, special, incidental, exemplary, consequential, punitive, or any other damages, fees, costs, or claims arising from or related to this Agreement, the Privacy Policy, the services or products, or your or a third party's use or attempted use of the website or any software, service, or product, irrespective of whether MIK Consultivo has been notified of the possibility of such damages, fees, costs, or claims. This includes, without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services or products, or any other indirect, special, incidental, punitive, consequential, or other damages. This applies regardless of the manner in which damages are allegedly caused and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), warranty, or otherwise. In no event shall MIK Consultivo bear any liability whatsoever.
DISPUTE RESOLUTION DISCLAIMER:
MIK Consultivo categorically rejects any involvement or liability in resolving disputes arising from this Agreement or your association with us. We expressly disclaim any obligation to participate in mandatory binding arbitration, class action waivers, or any legal proceedings related to such disputes. Any disagreements must be resolved solely between the parties involved, and MIK Consultivo shall not be held accountable for any claims, arbitration proceedings, or legal actions stemming from such disputes. It is strongly advised to seek independent legal counsel for dispute resolution.
Indemnification:
You undertake to safeguard, defend, indemnify, and hold harmless MIK Consultivo, its officers, directors, employees, owners, and parent company(-ies), and assigns from any and all claims, demands, and causes of action arising from your actions, conduct, or omissions in relation to your application and/or execution of this Agreement, including but not limited to any breaches of this Agreement. Your indemnification obligation extends to any third-party claims against MIK Consultivo for liability, damages, or other liabilities attributable to you. This provision explicitly remains effective even after the termination of this Agreement.
Severability:
If any provision of this Agreement conflicts with or violates any applicable law, rule, or regulation, that provision shall be deemed modified to the extent necessary for compliance with the law, rule, or regulation. The Agreement and the Terms of Service, as modified, shall remain fully enforceable.
Modification/Amendments:
MIK Consultivo reserves the right to modify this Agreement and its standard Terms and Conditions at any time, with or without prior notice to you. Any amendments or modifications to this Agreement or the Terms and Conditions will be binding on you upon receipt via email or posting in the affiliate section of the MIK Consultivo website. No amendment to this Agreement or the Terms and Conditions shall be valid unless prepared or authorized by MIK Consultivo. Your continued acceptance of Commission payments signifies your acceptance of any modifications or amendments to this Agreement and the Terms and Conditions.