These terms of service ("TOS", "terms", "conditions", "disclaimers", "contract", or "agreement") are entered into between TrendSpider LLC (a wholly owned subsidiary of Niche Theory Holdings LLC), doing business as TrendSpider.com, (“TrendSpider”, “we”, “us”, or “our”) and the entity joining the TrendSpider affiliate program (“Affiliate”, “you”, or “your”).
This Affiliate Agreement contains the complete terms and conditions between TrendSpider LLC ("We", "us", "TrendSpider"), the Affiliate ("you", "Affiliate") regarding your participation in TrendSpider's Commission Referral Program (the "Affiliate Program").
By using the Platform and Services described in this document and marketed at TrendSpider.com, or subscribing to the services on the TrendSpider.com website, you are attesting that you have read, understand, and agree to these Terms, Conditions and Disclaimers and that you agree that your relationship with us is goverened by the terms spelled out in the TOS. If you do not agree with these TOS, then you must immediately cease use of TrendSpider.com and any TrendSpider services or Platforms.
To participate as an affiliate, you are required to complete an affiliate application located at TrendSpider.FirstPromoter.com. The application will be evaluated, and we will notify you of your acceptance in a timely manor. At our discretion, for any reason, we may accept or reject your website from our program. If you are a US resident, we will request that you provide us with your Social Security Number or Tax ID number for tax reporting purposes before we issue payment on any commissions.
You agree to provide TrendSpider with accurate information when setting up your account, during our relationship, and when corresponding with us. On occasion, we may need to communicate with you by e-mail or telephone about the Services. You agree to maintain a working e-mail address that is monitored daily and to promptly inform us of any changes to your e-mail address or phone number. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on communications that are misdirected because of your failure to provide us with updated contact information.
Commissions will be paid to affiliates based on successful referrals. A successful referral, or sale, is defined as: non-fraudulent, active for a period of thirty (30) days, not cancelled TrendSpider Pro Trader or Elite Trader account, who has paid for services in full and has been directed to TrendSpider through your affiliate tracking link. Due to the high frequency of credit card fraud, affiliate commission fraud, and cancellation rates, TrendSpider reserves the right to hold commissions for up to 60 days for verification on a case-by-case basis. TrendSpider also reserves the right to claw-black or cancel any commission in the event that TrendSpider is unable to collect funds for services from the end user, or in the event that the order is found to be fraudulent, or in the event that the customer cancels and is refunded, or if TrendSpider learns that the commission was earned improperly through any means. There is one pay period per each every month. Pay periods are 30 days long. Commissions are paid once they have matured for 30 days after they were awarded, or when the hold on the commission is released (no more than 60 days from the time the hold was placed.) This time frame allows us to evaluate every order and assert its validity. In the event we are unable to verify the order during this time frame, we may, at our sole discretion, cancel your commission and cancel the order. Cancelled commissions cannot be reinstated. Any commission cancellations will be documented to the Affiliate on request to show sufficient reason for cancellation. Commission rates are posted on www.TrendSpider.com/affiliates.php and will be updated there. If you have received a custom commission from TrendSpider in exchange for a referral commitment, then TrendSpider will modify your account settings to reflect this.
The term of this agreement will begin upon acceptance of TrendSpider's acceptance of Your Affiliate Program application, and will end when terminated by either involved party as indicated in this provision. You and TrendSpider reserve the right at any time to cancel this relationship, with or without cause, by giving 30 days notice of termination. Once terminated, you will not be eligible to receive commissions for any future referrals. TrendSpider may modify this agreement at any time upon 14 days notice.
TrendSpider may terminate the Affiliate Program agreement between us upon the occurrence of a material breach, if this breach has not been cured by the Affiliate within three (3) days of Affiliate's receipt of notice of the breach. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action.
TrendSpider reserves all right, title and interest in, and to, the TrendSpider Technology, including the Platform, brand, image, logo, and creative assets of all kinds. This reservation of rights includes, but is not limited to, any derivative uses, improvements or enhancements to the Platform, and also includes any trademark or copyright interest in the Platform.
We each warrant to the other that: (i) we have the power, authority and legal right to enter into these TOS; and (ii) we have the power, authority and legal right to perform our obligations under these TOS and all incorporated provisions.
You agree not to use the Platform in any way or for any purpose that would violate or have the effect of violating, any applicable laws, rules or regulations or any third-party rights, including, without limitation, any law or regulations governing public securities, markets and trading.
We make no implied warranties or representations with respect to the affiliate program or any services sold via TrendSpider. neither parties will be liable for any consequences of any interruptions of errors.
THE AFFILIATE PROGRAM AND PLATFORM ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT, TRENDSPIDER HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, ACHIEVEMENT OF PARTICULAR RESULTS, OR WARRANTIES OF MERCHANTABILITY AND TITLE. NO WARRANTIES ARE CREATED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. TRENDSPIDER DOES NOT WARRANT THAT THE SERVICE WILL BE SUITABLE FOR YOUR NEEDS, UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. TRENDSPIDER CANNOT AND DOES NOT GUARANTEE THAT THE SERVICE WILL WORK ON ALL WEBSITES, AS SOME WEBSITES MAY NOT BE COMPATIBLE WITH THE TRENDSPIDER SERVICE. TRENDSPIDER IS NOT RESPONSIBLE FOR ISSUES RELATED TO BROWSER COMPATIBILITY. TRENDSPIDER IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO, OR FROM, YOU VIA THE SERVICE PROVIDED BY US. TRENDSPIDER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY TRENDSPIDER. NO WARRANTIES MADE BY THESE THIRD PARTY ENTITIES TO TRENDSPIDER SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES.
No waiver of rights under these TOS, or any TrendSpider policy, or agreement between you and TrendSpider, shall constitute a subsequent waiver of this or any other right under these TOS.
These TOS may be assigned by TrendSpider. They may not be assigned by you without TrendSpider’s prior written consent. These TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.
In the event that any portion or provision of these TOS become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, the parties agree that the provision will be deemed modified to the least extent necessary to make it enforceable, and all other provisions of this Agreement will remain unaffected.
These TOS does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
TrendSpider will not be liable for incidental, special, indirect, or consequential damages, or any loss of revenue, profit, or data arising in connection with this agreement. The total loss of either parties will not exceed the total commissions paid or payable to you under this agreement in the precedin months (1 months) IN NO EVENT WILL TRENDSPIDER’S LIABILITY HEREUNDER EXCEED THE AGGREGATE COMMISSIONS PAID BY TRENDSPIDER TO YOU FOR THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM TRENDSPIDER SHALL BE INTERPRETED TO INCLUDE TRENDSPIDER’S EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, AFFILIATES, AND THIRD PARTIES PROVIDING SERVICES TO YOU THROUGH TRENDSPIDER.
You agree to indemnify and hold harmless TrendSpider LLC and its subsidiaries, affiliates, directors, officers, employees against any and all claims, losses, demands, damages, expenses, settlements of any kind for any reason without limitation that may arise out of your use of the TrendSpider affiliate program or TrendSpider service.
Choice of Law, Jurisdiction and Venue. The parties agree that all disputes shall be brought before U.S. District Court for Northern Illinois located in Chicago, Cook County, Illinois (District Court). If the District Court may not consider the dispute, all disputes shall be brought before the appropriate Illinois court, located in Cook County, Illinois. The parties agree that these courts shall have exclusive jurisdiction over all disputes and other matters relating to the interpretation and enforcement of these TOS or any other document entered into by the parties. Further, the parties agree that venue shall be proper in the appropriate court set out above, and agree that they shall not contest notice from that court. State law issues concerning construction, interpretation and performance of these TOS shall be governed by the substantive law of the State of Illinois, excluding its choice of law rules. The United Nations Convention on Contracts for International Sale of Goods shall not apply.
Notices will be sent to you at the address you provide to us. It is your obligation to ensure that we have the most current address for you in our records. Please refer to our website, www.TrendSpider.com, for contact information for most issues, including technical support and billing. Notices regarding these TOS and other TrendSpider policies should be directed via postal mail ONLY to the following address:TrendSpider LLC
Neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event more than ten days from the beginning of the event.