Terms and Conditions of the GetResponse Affiliate Program

Thank you for applying to join GetResponse Affiliate Program (the “Program”)! To be eligible to join and participate, you must review and accept these Terms and Conditions of the GetResponse Affiliate Program (“Terms”).

Please review these Terms carefully. By applying to the Program through the PartnerStack Platform you confirm that you understand and agree to be bound by and comply with the Terms, as updated from time to time under Section 17.

The Terms are a binding contract between you (“you”, “your”, “Affiliate”) and GetResponse Services Inc., the company incorporated under the laws of the State of Delaware, 1011 Centre Road, Suite 322, Wilmington, New Castle, 19805 DE, USA (“GetResponse”, “our”, “we”, “us”).

1. Enrollment

  1. The Program is facilitated on the PartnerStack Platform. To enroll in the Program, you have to (i) create your account on the PartnerStack Platform, (ii) complete the registration process and accept these Terms and (iii) provide valid payment details in the affiliate platform. After we verify your promotional methods and payment account (e.g., PayPal), you may be granted access to the Program.
  2. Once you create your account on the PartnerStack platform (“Affiliate Account”), you will be able to manage and control your activity within the Program. You acknowledge that the creation of an Affiliate Account is not a subject of these Terms and may be regulated by a separate agreement between you and PartnerStack. You acknowledge that GetResponse is not an agent or representative of PartnerStack and is not party to any agreement you have with PartnerStack, nor in any way responsible for the performance of PartnerStack.
  3. During the term of your partnership, you shall perform obligations hereunder with due diligence and under these Terms.
  4. We reserve the right to re-evaluate your registration at any time and reserve the right to terminate our contractual relationship under these Terms and your participation in the Program at any time with or without notice.

2. Referred Customers

  1. To be eligible for the Commission, the Referred Customer must:
    1. be referred by you to us or any of the Affiliated Companies under these Terms;
    2. not be a direct customer of any service offered by us or any of Affiliated Companies;
    3. not have been a direct customer of any service offered by us nor any of Affiliated Companies during twelve (12) months before being referred by you;
    4. not have contacted or been contacted by us nor by any of Affiliated Companies in connection with any service offered by us or by any of Affiliated Companies within three (3) months before being referred by you;
    5. not be affiliated or otherwise related with you, including but not limited to, as an employee, employer, consultant, contractor, board member, manager, agent, or your representative, or as an entity that controls, is controlled by, or is under common control with you, unless we are informed of such relationship and expressly grant Referred Customer status to the prospective customer by email. For the avoidance of doubts, in any case, the Referred Customer shouldn’t be a family member of the Affiliate;
    6. not be a Referred Customer of a different Affiliate and/or Partner participating in this Program or other partner program offered by us and/or any of the Affiliated Companies.
  2. We will not accept purchases made by you nor Accounts created by you, your corporation, employer or the like, or any other entity which controls, is controlled by or is under common control you, unless we are informed of such relationship and expressly grant Referred Customer status to the prospective customer by email. This shall also mean that purchases made not under your name but with the use of your payment medium (e. g. PayPal, credit card, check, bank account) will not entitle you to the Commission.

3. Commission

  1. You will receive a commission (the “Commission”) for the complete purchase of the regular version of the GetResponse service for SMB customers available on getresponse.com (the “Service” or “Services”) and offered by GetResponse or any entity of GetResponse capital group including but not limited to GetResponse S.A. and GetResponse Inc. (“Affiliated Companies”). The purchase must be made within the Program by an entity that, under a relationship with you, purchases the Service (the “Referred Customer”) via an affiliate link generated by an Affiliate Account (an “Affiliate Link”) and pays remuneration in connection to GetResponse or to any of GetResponse Affiliates.
  2. You will receive a residual Commission calculated as a percentage of the amount paid to GetResponse or any of Affiliated Companies for the Service by the Referred Customer. The default Commission rate is 40% (“Bronze” status);
  3. The Commission will be paid as long as the Referred Customer continues to pay the Service fee to us but for no longer than 12 months for each Referred Customer.
  4. You can gain a higher Commission rate if you attain:
    1. not less than 50 sales within the given calendar year – the Commission rate for all further sales in the given calendar year and the next calendar year shall be 50% (“Silver” status);
    2. not less than 100 sales within the given calendar year – the Commission rate for all further sales in the given calendar year and the next calendar year shall be 60% (“Gold” status).
  5. The higher provision set out in section 3.4 above shall apply to new sales initiated after the date of receiving the entitlement to the higher Commission rate. All sales prior to that date will be paid at the previous Commission rate.
  6. We will review your annual sales results in January of the following year. We reserve the right to increase or decrease your Commission rate based on your sales results made in the prior calendar year, as set out in section 3.4 above.
  7. Payment of the Commission will be processed through the PartnerStack platform. A summary of purchases of the Service and a statement of the Commission is available in your Affiliate Account.
  8. We will transfer your Commission for payment through the PartnerStack Platform in the currency paid by the Referred Customer. Where the Referred Customer has paid for the Service in a currency other than the currency you have selected for settlement purposes in your Affiliate Account, PartnerStack may convert and credit the relevant Commission in that currency using its own currency converter. We have no control over the conversion rate used by PartnerStack and we are not responsible for any such conversion.
  9. You will not receive the Commission for transactions that are cancelled by Referred Customer, returned, charged back, or refunded.
  10. We reserve the right to verify your right to the Commission within 60 days from the date we receive a Service fee from the Referred Customer to account for any refunds. The Commission will typically be approved in your Affiliate Account by the 7th of every month for the Commission earned over 31 days prior, with funds available for withdrawal by the 15th of each month following the month in which we confirm your right to the Commission in your PartnerStack Affiliate Account. For example, if the Referred Customer pays the Service fee to GetResponse or to any of the Affiliated Companies on February 10th, we will have 60 days, starting from that date, to verify your right to the Commission (no later than April 10th). If we complete the verification process on April 10th, we will approve the Commission in your Affiliate Account until May 7th. The Commission payment will be made available to you through the PartnerStack platform by May 15th.
  11. We may, in duly justified cases, require additional time to process payments, and we shall not be liable for any such delay in payment. We shall also be not liable for any delays in payment of the Commission by PartnerStack Platform from the moment we have duly transferred funds to PartnerStack for payment of your Commission.
  12. Commissions are only earned if a Referred Customer makes a payment in full.
  13. The sale of the Services that form the basis for the calculation of the Commission is tracked through the use of cookies. Sometimes, tracking traffic from your website to the GetResponse website will not work because the Referred Customer is using cookie-blocking software. Please be informed that such sales will not be eligible for the Commission. We undertake to pay the Commission only for sales that can be tracked back to you using the technology that is in use by GetResponse. More about our Cookie Policy can be found HERE.
  14. The Commission is not due for purchases made during the term of Affiliate’s employment contract (or any other contract being the basis of employment), if any, and within 3 months after its expiration or termination, concluded with GetResponse or any other entity which controls, is controlled by or is under common control with GetResponse, or during the term when Affiliate is an officer, director or representative, if relevant, of GetResponse or any other entity which controls, is controlled by or is under common control with GetResponse and within 3 months after this term.
  15. GetResponse reserves the right to change Service prices or to grant discounts for the Service to chosen customers. Commissions reflect a percentage, not a particular amount, therefore, the Commission on the sale of the same Service may be different every month.
  16. GetResponse reserves the right to change the Commission rates at any time. Any Commissions accrued after such a change will be at the new rate.

4. Refunds and Chargebacks

  1. Any Customer’s refunds, reversals or credit card chargebacks owed by GetResponse to the Referred Customer will result in the appropriate Commission amount being deducted from your payment amount (“Deducted Commission”). If the Commission from that sale has already been paid to you, the amount will be deducted from future payments of the Commissions. If the Commission owed to you in the next period is not sufficient to satisfy the Deducted Commission, we may invoice you for the payment of the remaining debt immediately, and you are obligated to pay it within the payment date provided in the invoice.
  2. The above does not limit us from claiming damages under other provisions of these Terms or the applicable law.
  3. We reserve the right to exclude you from the Program and terminate our legal relationship under these Terms with immediate effect in the event of not receiving the remaining debt within the payment date provided in the invoice as referred to in clause 1 above.
  4. Any fraudulent activity that can be traced directly to your actions will cause immediate termination and forfeiture of any Commission earned.
  5. If the Referred Customer’s account is terminated due to practices or actions that we consider abusive, prohibited or that violate applicable terms of our Service (“Terms of Service”) in other ways, we reserve the right, at our sole discretion, to withhold or forfeit the Commissions earned (regardless of whether paid or outstanding) for referring the terminated customer. If the number of terminated customer accounts referred by you is abnormal or we may reasonably suspect that it is a part of fraudulent activity, we shall have the right, at our sole discretion, to forfeit not only Commissions earned for referring terminated Referred Customers, but all Commissions earned (regardless of whether paid or outstanding) by you during the term of our cooperation under these Terms and to terminate our contractual relationship with an immediate effect. As regards settlement rules sections 4.1 and 4.2 above shall apply accordingly, i.e. we are entitled in particular to deduct relevant amounts of forfeited Commissions from future payments due to you and if the Commission owed in the next settlement period is not sufficient, we may invoice you for payment of remaining debt.
  6. We reserve the right to charge you of the cost of the chargeback procedure and deduct such a cost from the future payments of the Commission, respectively.

5. Restricted Activities

  1. You will not take or encourage any action, the purpose or effect of which would be to circumvent, breach, diminish or interfere with the value or benefit of contractual relationships between us or our Affiliated Companies and any of their customers. You agree not to directly or indirectly contact, solicit, or persuade any customers or employees of us or our Affiliated Companies to purchase products, services or work for any person or entity that operates in industries that compete directly or indirectly with GetResponse or GetResponse Affiliates.
  2. Without limiting the generality of the foregoing, you will not:
    1. undertake any activities that may be illegal or harmful to our or our Affiliated Companies’ reputation or GetResponse Services, including, but not limited to, conduct inconsistent with the public interest, deceptive, misleading, unethical, or immoral nor
    2. undertake any activities that may be insulting, obscene, threatening, abusive, harassing, defamatory, libelous, slanderous, deceptive, privacy infringing or other improper language, while contacting our employees or representatives; undertaking any other activity that interferes with, is, or may be harmful to our employees, officers, representatives, our business, reputation, goodwill or the ability of other customers to effectively use our Service.
  3. To see what practices, we regard as particularly abusive or illegal, please click HERE.
  4. The Affiliate shall not (i) associate any content made available within Affiliate marketing materials and Affiliate’s website, (ii) offer to provide any goods or services, or (iii) engage in business practices described HERE.
  5. If you take any action described in this Section, or any other action that we reasonably determine to be detrimental to us, our Affiliates or their services, we may withhold (temporarily or permanently) payment of Commissions or/and terminate this Agreement effective immediately.
  6. Please be informed that as the Affiliate you shall comply with any prevailing codes of practices, procedures and all applicable laws, regulations, rules and industry guidance issued by government agencies, self-regulatory bodies and trade associations covering anti-money laundering, data protection, deposit-taking, e-money, payment services and promotional activity that relate to the referral of potential customers of GetResponse Services.

6. Promotion and Marketing

  1. To the extent you wish to promote or market the Services, you do it at your own cost and expense, unless we expressly grant you with certain benefits in writing. You will act at your own risk and in compliance with these terms and other our policies, including Terms of Service. You may only hire or cooperate with sales representatives or other personnel to promote Services and perform other activities under these Terms upon our prior consent. You are solely responsible for all acts and omissions of any such representatives or other personnel.
  2. You shall ensure that any promotions related to our products accurately represent factual information. We may review such publicly available materials for factual accuracy after their publication. If we identify any inaccuracies, we may request revisions, which you shall make within a reasonable timeframe. Our review and any requested revisions shall be limited to factual accuracy and shall not modify your representations, warranties, covenants, or other obligations under the Program.
  3. At all times you must comply with the following social media guidelines: (i) use your own name or business name on the social media account, (ii) do not present yourself as an employee, representative or agent of GetResponse or Affiliated Companies, (iii) do not post discriminatory, insulting or offensive content or comments, (iv) respect the privacy of other users of the social media channel, (v) respect copyrights and all other intellectual property rights of GetResponse and third parties.
  4. You may not use mass telemarketing to promote the Services, including automatic calling devices. You may not use pre-recorded or artificial voice messages or send fax, email, or text messages to anyone with whom you do not have an established business relationship, or who has not given prior express consent to send such messages. It is your responsibility to comply with all applicable laws and regulations applicable to personal data protection, privacy or unsolicited commercial communications.
  5. You may not promote GetResponse nor Affiliated Companies in a way that requires a prospective customer to act (such as sign up for a GetResponse Service or Free Trial) in order to receive a reward, gift, or other compensation as a result of such action.
  6. You may not promote the Services via paid advertising services like Facebook Ads, Twitter Ads or LinkedIn Ads nor Google AdWords or through other search engine service providers without our prior written or email consent in each instance. This includes, but is not limited to the use of direct linking, i.e. using your affiliate link or any redirect to your affiliate link in the destination URL of your ads, in conjunction with one or all of the following elements:
    1. Branded Keywords: using in the affiliate’s ads or keyword bidding on GetResponse ™, Get Response, GetResponse ™ email marketing, or any combination of our trademark. This includes negative keywords, misspellings or abbreviations, such as “GR” or combinations such as “GR Email Marketing”.
    2. Non-Branded Keywords: the affiliate’s ads may not be linked directly to any GetResponse landing page or website resources.  All advertising must be directed to the affiliate’s landing page and then linked back to GetResponse.
  7. You may not contact the media about GetResponse, Affiliated Companies or their services, act as a spokesperson for GetResponse or Affiliated Companies or make statements for the media relating to GetResponse, any Affiliated Companies’ or their services.
  8. You shall not make any false statement or misrepresentation about GetResponse, or Affiliated Companies or their respective services, business, customer relationships or rights.

7. Reservation of Rights

  1. We reserve the right to take the following actions at any time, in our sole discretion and without liability:
    1. we can add services or functionality to GetResponse Services or cease the provision of services or functionality included in the Services or change the Service or any part of it;
    2. we can modify, add or delete any documents, information, graphics, marketing materials, design, and any content appearing on or in connection with this Program or our website.
  2. At no time and under no circumstances shall these Terms prohibit or limit our or our Affiliated Companies’ right to promote, market and/or sell GetResponse Services on a direct or indirect basis, via any sales channel or otherwise, including but not limited to through websites, the GetResponse Agency Program, the GetResponse Affiliate Program or any other referral program or method, or to appoint other partners to any referral program.
  3. We reserve any rights not expressly and explicitly granted under these Terms.
  4. We reserve, at our sole discretion, the right to refuse to anyone participation in the Program at any time.

8. Intellectual Property

  1. The trademarks, names, service marks, logos, brand names, domain names, slogans and trade names of “GetResponse”, features and add-ons of the Services, as well as other names and designations used by us in connection with GetResponse Services, or business (“Intellectual Property”) are proprietary works, trade names and trademarks of GetResponse or Affiliated Companies. You acknowledge our or our Affiliates’ exclusive ownership of the Intellectual Property and acquire no right, title or interest in or to the Intellectual Property hereunder, except as otherwise expressly provided by this Agreement.
  2. Subject to the conditions provided herein, we may, at our sole discretion, grant you, during the term of this Agreement, a non-exclusive, non-transferable, limited, revocable license to use the marketing programs, materials and tools provided by us in connection with these Terms solely for the purpose of these Terms. Use of such marketing programs, materials and tools is subject to the terms of these Terms and any advertising or marketing use guidelines we may from time to time establish.
  3. You will cooperate with us to allow review of use of the Intellectual Property, marketing programs, materials and tools is compliant with these Terms. If we, at our sole discretion, determines that your use thereof is not compliant with these Terms, you will promptly modify or discontinue use of such Intellectual Property, marketing programs, materials or tools as directed by us.
  4. If you set up a domain name that includes any of the Intellectual Property, upon request, you will transfer the domain name to us or any of our Affiliated Companies free of charge.
  5. You hereby grant to us a worldwide, non-exclusive license to use your business name and logo in connection with this Agreement, as well as for marketing purposes of GetResponse or Affiliated Companies.
  6. Nothing in this Agreement transfers or assigns to you any right or title in or to the Intellectual Property, marketing materials, the Services, or any other technology, products, services or intellectual property of GetResponse or Affiliated Companies. You irrevocably, without any limitation whatsoever, hereby transfers to GetResponse any and all right, title or interest in or to any suggestions, enhancement or change requests or other feedback regarding the Services, provided by you to GetResponse or Affiliated Companies, which fall within the protection of copyright or other intellectual property right law.
  7. You will immediately inform us upon notification or otherwise obtaining knowledge of any actual or alleged infringement of the Intellectual Property by any third party, as well as of any claim raised in connection with the Intellectual Property, in order to enable us or our Affiliates to undertake any necessary actions to protect our rights. You shall fully co-operate with us and/or our Affiliates in maintaining and defending the ownership and validity of the Intellectual Property against infringement and claims of infringement, including but not limited to, in any legal proceedings regarding the Intellectual Property.

9. Confidential Information

  1. Confidential Information shall mean all information and material disclosed by GetResponse to the Affiliate, (i) whether orally or in writing, (ii) irrespective of whether received directly from us, our Affiliates, via our suppliers, or from third parties acting on behalf of GetResponse or on behalf of our Affiliates, that is designated as confidential, and (iii) GetResponse’s and Affiliated Companies’ lists of customers or Referred Customers, whether or not otherwise designated as confidential, and (iv) terms and conditions of Application. The Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to GetResponse or Affiliated Companies or (ii) was known to the Partner prior to its disclosure by GetResponse without breach of any obligation owed to GetResponse or Affiliated Companies. You shall: (i) protect the confidentiality of the Confidential Information by using the same degree of care that you use with your own confidential information, but in no event less than reasonable care, (ii) not use the Confidential Information for any other purpose than to perform this Agreement, (iii) not disclose Confidential Information to any third party, and (iv) limit access to Confidential Information to your employees, contractors and agents, who need to know such information. You may disclose the Confidential Information if required to do so under any federal, state, or local law, subpoena or legal process.
  2. You acknowledge that immediate, extensive, and irreparable damage may result if the provisions of this section are not specifically enforced. Therefore, in addition to, and not in limitation of, any other remedy available to GetResponse for breach of such provisions, we may seek to enforce this Section in judicial proceedings by seeking a decree of specific performance by a court of competent jurisdiction and seek appropriate injunctive relief as may be applied for and granted in connection with such enforcement.

10. Compliance with the laws

  1. You shall fully and unconditionally comply with laws and regulations applicable to your business activity, including, but not limited to trade law, taxation, and social security matters. You are solely responsible for obtaining all legal and other required approvals and registrations necessary to conduct your own business activities. You are solely responsible for all costs associated with obtaining such approvals and registrations and agree to provide any necessary proof and documentation of running a legitimate business activity upon our request.
  2. You shall be responsible for payment of all applicable taxes and social security contributions related to your business activity in accordance with applicable laws, including but not limited to the laws of your country of residence. these Terms, including marketing and promotion of the Services, complies and shall comply with all applicable laws. You shall immediately notify us about any actions, claims, or litigation that are relating to these Terms and/or the use of the Services.
  3. Accepting these Terms, you agree to conform to any sanctioning authority relating to economic or trade sanctions, export or trade controls and similar applicable laws, regulations, rules or requirements (“International Sanctions”) in force in your country of residence, especially, you represent and warrant that you are not located in a country that is subject to any government embargo, or that has been designated as a “terrorist-supporting” country, and you will not directly or indirectly use, sell, supply, export or transfer our Services in any way whatsoever to, on behalf of, or for the benefit of a person or entity located in countries or regions subject to International Sanctions (e. g. Russia) or trade embargoes, or to any person or entity that is otherwise targeted by International Sanctions, or to any person or entity that is directly or indirectly involved in acts of terrorism. You represent that you are not designated, targeted, or subject to International Sanctions in a way that may cause GeResponse or any of the Affiliate Companies to violate International Sanctions, you are not owned or controlled by, and not acting for, or on behalf of, a natural or legal person designated, targeted, or subject to an International Sanctions, in particular, you and such person are not enlisted on any sanctioned entities lists. You shall immediately inform GetResponse in writing if you or any of your beneficiaries is entered on any sanctioned entities lists, as described above.
  4. In case of a breach of any applicable laws or regulations by you or any of your employees, contractors, representatives or affiliates, you shall hold us and any of our Affiliated Companies harmless concerning any damages, fines, or claims of third parties whatsoever incurred in connection therewith. Any violation of applicable laws and regulations constitutes a material breach of these Terms and entitles us to immediately terminate our contractual relationship. Upon request, you shall certify your compliance with applicable laws. We reserve the right to suspend payment of Commissions until you provide an adequate invoice or other documents regarding your business activity and compliance with applicable laws.

11. Data protection

Joining the Affiliate Program means that we need to process your personal data and other personal data provided in your Account. More information about processing personal data can be found in our Privacy Policy, available HERE.

12. FTC Disclosure Requirements

  1. Where it is not expressly clear that your Affiliate Link is a paid advertisement, paid advertising, or otherwise promotional in nature, and/or that you are receiving compensation from us in connection with the Program, you must include a disclosure statement within any and all pages, blog posts, social media posts, or any other content where you include your Affiliate Link or otherwise advertise our Services in connection with the Program. This “material connection disclosure” statement should be clear, prominent and concise, stating that we are compensating you for your participation in the Program. Also, any statements you make about us must reflect your honest opinions, beliefs, or experiences and must not be false, misleading, or unsupported. You must follow these guidelines in making your material connection disclosures:
    1. disclosures must be made as close as possible to the claims;
    2. a plain language disclosure such as “I get commissions for purchases made through links in this post” would be sufficient. A disclosure of “affiliate link” by itself is not sufficient because consumers might not understand that “affiliate link” means that a commission payment will occur for purchases made through the link;
    3. use #Ad where there isn’t sufficient room to explain more about the affiliate connection;
    4. disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure (e.g., disclosure should be visible before the jump);
    5. pop-up disclosures are prohibited;
    6. these standards apply to all advertising and messaging that uses your Affiliate Link.
  2. For more information about FTC disclosure requirements, see the FTC’s “Dot Com Disclosures” Guidelines available HERE, the FTC’s Endorsement Guidelines available HERE and FTC’s Native Advertising Guidelines available HERE.

13. Limitation of liability

  1. Disclaimer of Warranties. WE, OUR AFFILIATED COMPANIES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE GETRESPONSE SERVICES AND THE CONTENT OF THE PROGRAM FOR ANY PURPOSE. THE GETRESPONSE SERVICES MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE GETRESPONSE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND. WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SERVICES, THESE TERMS AND THE SUBJECT MATTER HEREOF, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
  2. No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE NOR OUR AFFILIATED COMPANIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE GETRESPONSE SERVICES, THESE TERMS OR THE SUBJECT MATTER HEREOF, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES.
  3. Limitation of Liability. IF, NOTWITHSTANDING THE OTHER CLAUSES OF THESE TERMS, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE GETRESPONSE SERVICES, THESE TERMS OR THE SUBJECT MATTER HEREOF, WE BOTH AGREE THAT OUR AND OUR AFFILIATED COMPANIES AGGREGATE LIABILITY WILL BE LIMITED TO THE AGGREGATE AMOUNT PAID BY US IN ONE 30 DAYS PERIOD IMMEDIATELY PRECEDING THE DATE OF NOTIFICATION OF AN EVENT GIVING RISE TO SUCH LIABILITY.
  4. Neither party shall be responsible for any delay or failure in the performance of their obligations under these Terms due to Force Majeure or other occurrences that are beyond reasonable control of the party in default or failing to fulfill obligations. By Force Majeure the Parties understand as an exceptional occurrence, caused by an external factor which cannot be foreseen, and which could not be prevented. Force Majeure occurrences include in particular: war, natural disasters, strikes, breakdowns, DDoS attacks or other disruptions in telecommunication networks or data communication infrastructure, emergency government action and administrative measures, activities of entities that affect the provision of the Service or GetResponse websites, and whose activity is independent of the Parties. GetResponse shall not be liable for any claim, loss or damage if, for any reason whatsoever, its website fails or is non-operational.
  5. We shall not be responsible if a referred sale goes unregistered for any reason.

14. Indemnification

You shall indemnify, defend and hold us and our Affiliated Companies harmless from any damage, loss, claim, expense or other liability (including reasonable attorney’s fees and costs) arising out of or relating to any of the following:

  • material breach by you or any of your employees, contractors, representatives or affiliates of any agreement, undertaking, duty, covenant, representation or warranty pursuant to these Terms;
  • any claim relating to your (or your employee’s, contractor’s, representative’s or affiliate’s) promotion or marketing of the Services ;
  • any act or omission of your or any of your employees, contractors, representatives or affiliates,
  • any infringement, misappropriation or violation of any intellectual property or other rights of any third party by you or any of your employees, contractors, representatives or affiliates.

15. Violation of the Agreement

  1. We expect participants in the Program to run their businesses honestly, ethically, and with integrity, and accordingly, we reserve the right to terminate our legal relationship under these Terms upon notice in the event we reasonably determine that you have engaged in conduct that materially and adversely impacts or constitutes a threat to GetResponse, any of Affiliated Copanies, or their respective services, business, customer relationships or rights.
  2. During the term our cooperation under these Terms and for twelve (12) months thereafter, you shall not disparage GetResponse, Affiliated Companies, their services, other affiliates participating in the Program, or GetResponse’s or GetResponse Affiliates’ customers. “Disparage” means hurting the reputation, discrediting or presenting GetResponse, GetResponse Affiliates, their services, other partners, GetResponse or GetResponse Affiliates’ customers in a negative light.
  3. To the extent we or any our Affiliated Coampanies suffer or incur any loss, damage, lost profits or related costs or expenses in connection with any breach of this Section, we shall be entitled to deduct the amount thereof, including reasonable attorney’s fees, from any Commissions due to you. We may also demand repayment of all compensation, financial, or other benefits which you directly or indirectly received or may receive as a result of, arising out of, or in connection with your violation of these Terms. Such remedy will be additional to and will not constitute a limitation of any damages, injunctive relief, or other rights and remedies to which we or our Affiliated Companies are or may be entitled to at law or in equity.

16. Term and termination

  1. Either you or we may terminate our contractual relationship under these Terms immediately upon delivery of a notification through PartnerStack platform.
  2. Without limiting any of our rights elsewhere in these Terms we may terminate our partnership under these Terms immediately and without notice and forfeit all outstanding Commissions if:
    1. you breach material provisions of these Terms;
    2. we have justified belief that you send unsolicited emails or engage in any other communication to a recipient that has requested discontinuance of such communication;
    3. you become a subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors;
    4. you violate these Terms, or applicable local, state, federal, or foreign laws or regulations, in particular by fraud activities;
    5. you engage in any fraudulent activities, including, but not limited to, excessive chargebacks, phishing, or spamming;
    6. we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect GetResponse, Affiliated Companies, or GetResponse’s or Affiliated Companies’ prospects, customers or services;
    7. promote the Service or the Program via Google AdWords or other search engine provider without prior written consent of GetResponse or any of Affiliated Companies;
    8. you fail to meet the obligations declared on your own to the Referred Customer;
    9. you fail to generate any sales or generate losses unless otherwise stipulated in these Terms.
  3. Notwithstanding the foregoing, in the event of termination for cause by us, our obligation to pay and your right to receive any Commissions will terminate upon the effective date of such termination, regardless of whether you would have otherwise been eligible to receive Commissions prior to the date of termination. We reserve the right to terminate the Service due to an abnormal amount of rejected commissions.
  4. Upon termination or expiration of these Terms, you will immediately discontinue all use of the Intellectual Property.

17. General

  1. You agree that you are an independent contractor, and nothing in these Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us. 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 websites or otherwise, that reasonably would contradict anything in this section.
  2. You have no authority to represent GetResponse or any of Affiliated Companies in any manner, to enter into transactions or agreements, make any commitments, create or assume any obligations on behalf of GetResponse or any of Affiliated Companies for any purpose whatsoever, without our prior express written authorization.
  3. You operate your business at your own risk and under your management, and at your own determined time and place. You shall not be subject to any instructions or regulations regarding the exercise and management of your business activity based on these Terms, place and time of work, or personal conduct at work, that go beyond the scope of instructions and regulations included in Terms. All financial and other obligations associated with your business activity are your sole responsibility.
  4. You are fully responsible for any third-party claims including but not limited to damages, liabilities, fines or material breach in relation to your activity under these Terms.
  5. You may not assign your rights and obligations under these Terms, delegate your responsibilities, or transfer your interest or any part thereof to any third party, without our prior written approval.
  6. All provisions of these Terms that by their nature extend beyond the termination of an Agreement shall survive its termination.
  7. All questions concerning the construction, validity, enforcement, and interpretation of this Agreement shall be governed by the internal laws of the State of Delaware, without giving effect to any choice of law or conflict of law provision or rule that would cause the application of the laws of any jurisdictions other than the State of Delaware. Each party hereby irrevocably submits to the exclusive personal jurisdiction of the state and federal courts sitting in Delaware, for the adjudication of any dispute hereunder or in connection herewith, and hereby irrevocably waives any objection, and agrees not to assert in any suit, action, or proceeding any claim that it is not personally subject to the jurisdiction of any such court, that such suit, action or proceeding is brought in an inconvenient forum or that the venue of such suit, action or proceeding is improper.
  8. We will periodically update these Terms by posting a revised version to this website. We encourage you to periodically review this page for the latest information.

The Terms in this version are valid from March 17, 2025.