AFFILIATE AGREEMENT
Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration from you. We have written the following affiliate agreement with you in mind, as well as to protect your company’s good name. Please bear with us as we take you through this legal formality.
If you have any questions, please do not hesitate to let us know. We are strong believers in straightforward and honest communication. For the quickest results, please email us at businessdevelopment@stratpro.marketing
SUMMARY
Do not apply if your website promotes sexually explicit materials, violence, discrimination, and/or illegal activities.
We do not work with distributors of downloadable software, toolbars, browser helper objects, shopping assistance applications, etc.
You must comply with NTC’s Guidelines.
Fraud will be policed and penalized.
Spamming is prohibited.
Paid search campaigns containing our name and trademarks are prohibited.
Cybersquatting and typosquatting are prohibited.
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
BY SUBMITTING THE ONLINE APPLICATION, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
Overview
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in PLDT STRATPRO Affiliate Program. The purpose of this Agreement is to allow HTML linking between your website and the PLDT STRATPRO WEBSITE. Please note that throughout this Agreement, “we,” “us,” and “our” refer to PLDT STRATPRO MARKETING and “you,” “your,” and “yours” refer to the affiliate.
Affiliate Obligations
• To begin the enrollment process, you will complete and submit the online application at the link we will provide. The fact that we manually approve applications does not imply that we may not reevaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
• Promotes sexually explicit materials.
• Promotes violence.
• Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Promotes illegal activities.
• Incorporates any materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights to violate the law.
• Includes “PLDT” , “PLDT STRATPRO” or variations or misspellings thereof in our domain name.
• Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable to us in our sole discretion.
• Contains software downloads that potential enable diversions of commission from other affiliates in our program.
• You may not create or design your website or any other website that you operate, explicitly or implied in a manner that resembles our website nor design your website in a manner that leads customers to believe you are Managergram.com or any other affiliated business.
2.2 As a member of PLDT STRATPRO’s Affiliate Program, you will have access to an Affiliate Account Manager. Here you will be able to review our Program’s details and previously-published affiliate newsletters, download HTML (that provides for links to web pages within the PLDT STRATPRO website), banner creatives and Social cards.
2.3 PLDT STRATPRO reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4 The maintenance and the updating of your site/page/posts will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5 It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a warning, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third-party rights.
2.6 We strongly advise affiliates to stay compliant with the NTC (National Telecommunications Commissions) guidelines on testimonials , postings and endorsements. All endorsements, reviews, testimonials on PLDT Stratpro’s products and services, as well as relationships between other types of content websites (forums, blogs, microblogs, and other Social Media channels) and PLDT STRATPRO Website must be clearly disclosed in a separate policy on the affiliate sites. We also reserve the right to terminate our relationship with any noncompliant affiliates.
PLDT STRATPRO Rights and Obligations
• We have the right to monitor your site/page/posts at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made or to make sure that your links to our website are appropriate and to notify you further of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the PLDT STRATPRO Affiliate Program.
• PLDT STRATPRO reserves the right to terminate this Agreement and your participation in the PLDT STRATPRO Affiliate Program immediately and without notice to you should commit fraud in your use of the PLDT STRATPRO Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, PLDT STRATPRO shall not be liable to you for any commissions for such fraudulent sales.
• This Agreement will begin upon our acceptance of your Affiliate application and will continue unless terminated hereunder.
Termination
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of an email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
Modification
We may modify any of the Terms of Services in this Agreement at any time at our sole discretion. In such an event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and PLDT STRATPRO Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in PLDT STRATPRO Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
Payment
PLDT STRATPRO commission payment will be made in the PHP currency via GCASH, PAYMAYA, ONLINE BANKING (whichever is preferred).
Disclaimer
PLDT STRATPRO MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING PLDTSTRATPRO.COM SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THERIN, ANY IMPLIED WARRANTIES OF PLDTSTRATPRO.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
Representations and Warranties
You present and warrant that:
11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL PLDTSTRATPRO.COM’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
Indemnification
You hereby agree to indemnify and hold harmless pldtstratpro.com and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorney’s fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
Confidentiality
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement, which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not sure or disclose such proprietary information of the other party without express written permission of the disclosing party.
Miscellaneous
• You agree that 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 PldtStratpro.com. 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
• Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
• This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of the Philippines without regard to the conflicts of laws and principles thereof.
• You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
• This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.
• The headings and titles contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.