The following is an agreement between the relevant Sharkscope company referred to below, ("CJM Solutions, LLC", "Sharkscope", "us" or "we"), and you ("you"), which contains the terms and conditions that apply to all members of the Sharkscope affiliate programme ("Agreement").
We will register your Customers and track their transactions. We reserve the right to refuse Customers (or to close their accounts) if necessary to comply with our general Terms and Conditions of Use (https://www.sharkscope.com/#Terms-And-Conditions.html ) and any future requirements we may periodically establish. "Customer " means your visitors who joins our customer database (by way of registering at our website) after arriving at the applicable site(s) via one of your click-through URLs, which will be provided to you by us via the Sharkscope Affiliate Self Service Portal. By opening an account with us, they will become our Customers and, accordingly, all of our rules, policies, and operating procedures will apply to them.
We will track your Customers' onto our site and any subsequent registrations and payments made by them. This is achieved using the click-through URLs that we provide affiliates with and the use of client-side cookies. However, it is not possible to guarantee that all potential Customers' can be tracked with 100 per cent accuracy, for example if potential Customers' may choose to prohibit cookies. In these cases we are not responsible for any loss of commission to affiliates that may result.
We may modify any of the terms and conditions contained in this Agreement or replace it at any time and in our sole discretion by posting a change notice or a new agreement on our site and by sending an email to the address provided to us. We will endeavor to keep such changes to a mininum and we aim to provide at least 30 days notice prior to applying such changes. Modifications may include, for example, changes in the scope of available Referral Commissions and Partner programme rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in our affiliate programme following our posting of a change notice or new agreement on our site will constitute binding acceptance of the modification or of the new agreement.
We may modify any of the terms and conditions contained in this Agreement or replace it at any time and in our sole discretion by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available Referral Commissions and Partner programme rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in our affiliate programme following our posting of a change notice or new agreement on our site will constitute binding acceptance of the modification or of the new agreement.
To become a member of our affiliate programme you will need to accept these terms and conditions by ticking the box indicating your acceptance and completing and submitting an online application form. The application form will form an integral part of this Agreement. We will in our sole discretion determine whether or not to accept your application and our decision is final and not subject to any right of appeal. We will notify you by email as to whether or not your application has been successful.
The laws of California, US will govern this Agreement, without reference to rules governing choice of law. Any action relating to this Agreement must be brought in California, US and you irrevocably consent to the jurisdiction of its courts.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against you and us and our respective successors and assigns.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. No modifications, additions, deletions or interlineations of this Agreement are permitted or will be recognised by us. None of our employees or agents has any authority to make or to agree to any alterations or modifications to this Agreement or its terms.
Our rights and remedies hereunder shall not be mutually exclusive, that is to say that the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, we may seek enforcement or compliance by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, its being the intention of this provision to make clear that our rights shall be enforceable in equity as well as at law or otherwise.
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
By agreeing to participate in this Partner programme, you are agreeing to create and maintain unique links from your site to the websites which are owned, operated or branded by the CJM Solutions LLC (“Sharkscope Websites”). You may link to us with any of our banners, e-mails, articles or with a text link.
All Sharkscope affiliates are required to refer a minimum of 5 active Customers within a three month period of joining the program. Should a affiliate not reach this requirement the affiliate account may be closed.
Furthermore, we reserve the right to close an affiliate account if the affiliate has not referred any new customer within a 12 month period, regardless of the number of existing customers they may have referred in the past.
Decisions to close an affiliate account due to the Minumum Referral Requirements will be made at the sole discretion of Sharkscope, affiliates will be given 30 days notice of any such decision.
We will terminate this Agreement immediately without recourse for you if there is any form of spamming or if you advertise our services in any other way. You shall not make any claims or representations, or give any warranties, in connection with us and you shall have no authority to, and shall not, bind us to any obligations.
You shall also refrain from registering (or applying to register) any domain name similar to any domain name used by or registered in the name of any member of CJM Solutions LLC (including Sharkscope Websites), or any other name that could be understood to designate CJM Solutions LLC.
You may not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service and which are identical or similar to any CJM Solutions, LLC trade marks or otherwise include the word "Sharkscope" or variations thereof, or include metatag keywords on the Affiliate Site which are identical or similar to any of the Sharkscope group’s trade marks.
By this Agreement, we grant you the non-exclusive, non-assignable, right to direct Customers to any of our sites in accordance with the terms and conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we obviously intend to contract with and obtain the assistance of others at any time to perform services of the same or similar nature as yours. You shall have no claim to Referral Commission or other compensation on business secured by or through persons or entities other than you.
You will only use our approved advertising creative (banners, html mailers, editorial columns, images and logos) and will not alter their appearance nor refer to us in any promotional materials other than those that are available from the Sharkscope Affiliate Self-service portal. The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorised and permitted representation of our sites. In particular, please do not create a direct link to the promotional materials on any Sharkscope Website.
You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes us damage. We reserve the right to retain all amounts otherwise due to you under this Agreement if we have reasonable cause to believe of such traffic.
We reserve the right to withhold affiliate payments and/or suspend or close accounts where affiliate customers are found to be abusing any Sharkscope offers or promotions whether with or without your knowledge. Such situations to include but not be limited to different customers betting both sides of an event or market so as to limit risk and claim bonuses.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for ensuring that materials posted on your site are not libellous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) arising directly or indirectly out of the development, operation, maintenance, and contents of your site.
The Sharkscope affiliate programme is intended for your direct participation. You shall not open affiliate accounts on behalf of other participants. Opening a affiliate account for a third party, brokering a affiliate account or the transfer of a affiliate account is not accepted. Affiliates wishing to transfer an account to another beneficial account owner must request permission to do so by Contacting Us. Approval is solely at our discretion.
No affiliation can be made between your site and any Sharkscope Website.
We hereby grant to you a non-exclusive, non-transferable licence, during the term of this Agreement, to use our trade name, trade marks, service marks, logos and any other designations, which we may from time to time approve ("Marks") solely in connection with the display of the promotional materials on your site. This licence cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the Marks is limited to and arises only out of this licence. You shall not assert the invalidity, unenforceability, or contest the ownership of the Marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our rights in the Marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. You must notify us immediately if you become aware of the misuse of the Marks by any third party.
During the term of this Agreement, you may be entrusted with confidential information relating to our business, operations, or underlying technology and/or the Affiliate programme (including, for example, Referral Commissions earned by you under the Affiliate programme). You agree to avoid disclosure or unauthorised use of any such confidential information to third persons or outside parties unless you have our prior written consent and that you will use the confidential information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to confidential information shall survive the termination of this Agreement.
Sharkscope Affiliates will be asked to provide personal information that we use for the purposes of registration and communications. We do not sell this information to 3rd parties under any circumstances. Affiliates may request their data be deleted or amended at any time by contacting support@sharkscope.com.
European Union / Swiss Users / UK Users and Data Privacy Framework. Information you provide may be transferred or accessed by entities around the world as described in this Privacy Notice. Sharkscope participates in and has certified its compliance with both the EU-U.S. and the UK Extension to the EU-U.S. and Swiss-U.S. Data Privacy Framework Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland, and the United Kingdom to the United States, respectively. Sharkscope is committed to subjecting all personal data received from European Union (EU) member countries, Switzerland, and the United Kingdom, in reliance on the Data Privacy Framework Frameworks, to the Framework’s applicable Principles. If there is any conflict between the terms in this Privacy Notice and the Data Privacy Framework Frameworks, the Data Privacy Framework Frameworks shall govern. To learn more about the Data Privacy Framework program, and to view our certification, please visit U.S. Department of Commerce’s Data Privacy Framework List at https://www.dataprivacyframework.gov/. Sharkscope complies with the Data Privacy Framework Principles for all onward transfers of personal data from the EU, Switzerland and the UK, including the onward transfer liability provisions set forth above in the section entitled “Disclosure”. With respect to personal data received or transferred pursuant to the Data Privacy Framework Frameworks, Sharkscope is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Sharkscope may be required to disclose personal data in response to lawful requests by public authorities, including as necessary to meet national security or law enforcement requirements.
Subject to clause 6, you will earn Referral Commission based on the net profit of your referred Customers. Net profit is defined as:
- all gross monies received by us in respect to all settled Sharkscope purchases, excluding Reseller Packages, made by Customers after deducting; (i) fraud; (ii) transactions which are reversed by instruction from the card-holder's bank (Charge-Backs); and (iii) voids.
We retain the right to change the Referral Commission percentage and method of calculation of Referral Commission as we wish in accordance with clause 1.4.
Affiliates are eligible for payment on the balance of their earnings. Negative commission balances will be deducted from available commissions.
Your Sharkscope affiliate account must have a minimum of 1 active referred Customer before you will be eligible for Referral Commission payment. Subject to clause 5.5 and clause 6, you are entitled to request payouts via the Self Service Portal or via support@sharkscope.com as and when there are monies available, providing you have fulfilled the above Customer requirement at the end of the preceding month and there are suffient funds. We will not accept requests to take a fraction of the available commission earned, only the full amount, subject to clause 5.5. You agree that a self-billing procedure is in place between you and Sharkscope in respect of payment of Referral Commissions. Under the self-billing procedure, if you wish to request payment of any Referral Commission you must make the payment request via your account on the Sharkscope affiliate system (Self-Service Portal), which you agree to accept. Payment will be made in accordance with and subject to the terms set out below. You agree not to raise any VAT invoice in respect of your affiliate services. You agree to notify us if you make any changes to the ownership of your business or your VAT registration. This self-billing procedure will remain in place for the term of this Agreement. Payout requests for any calendar month’s Referral Commissions may be made anytime from the start of the second (business) day (EST) of the following calendar month.
All Referral Commission Payments will be due and paid in the United States Dollars (USD)
United States Dollars 100 USD
Referral Commission payments may be requested and money withdrawn via your choice of any of the following payment methods:
(i) Paypal,
(ii) Skrill,
(iii) Re-seller Credit.
Please be aware that although Sharkscope will not deduct any charges for arranging, the payment provider may choose to levy a charge on such transactions.
An active referred Customer is defined as a visitor to your site(s) who has clicked through to a Sharkscope Website via your click-thru link, has registered as a customer, purchased one or more Sharkscope products (excluding Reseller Credit packages).
Commissions are earned in accordance with the following sliding scale subject to Qualifying Sales in clause 5.7:
| Monthly Sales Threshold | Commission Rate % |
|---|---|
| 1 | 15.0 |
| 6 | 20.0 |
| 20 | 25.0 |
The monthly sales threshold refers to the minimum number of sales registered in a calendar month.
Only the sales types defined in this section will qualify for Commission under section 5.6
In scope are the following subscription Plans: "Bronze", "Silver", "Gold", "Platinum", "Diamond", "Sharkscope HandTracker (Stand Alone)" (prices are subject to occasional change and are published on the Sharkscope subscription page: https://www.sharkscope.com/#Pricing.html.)
Not in scope are the following: "Commercial Silver", "Commercial Gold", "Commercial Platinum", "Gift Options", "Purchase Reseller Packages".
Qualifying sales are subject to change and changes will be published in accordance with clause 1.4.
Tax Responsibilities Affiliates are classified as independent contractors and are responsible for all taxes, fees, and levies applicable to earnings under this program. For U.S. residents, if earnings exceed $600 per year, SharkScope may require submission of Form W-9 and issue Form 1099-NEC as per IRS regulations.
For non-U.S. affiliates, a valid Form W-8BEN must be provided to claim treaty benefits and avoid potential 30% U.S. tax withholding.
California Affiliates: Affiliates residing in California acknowledge that state tax withholding may apply under California law.
Affiliates are responsible for compliance with all tax reporting requirements in their respective jurisdictions.
The term of this Agreement will begin when you are approved as a affiliate and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement will be terminated immediately. Termination is at will, with or without reason, by either party. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
Upon termination you must remove all of our banners/icons from your site and disable all links from your site to all Sharkscope Websites. All rights and licenses given to you in this Agreement shall immediately terminate. You will return to us any confidential information, and all copies of it in your possession, custody and control and will cease all uses of our Marks.
We may terminate this Agreement if we determine (in our sole discretion) that your site is unsuitable. Unsuitable sites include, but are not limited to, those that: are aimed at children, display pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities or violate intellectual property rights or breach any relevant advertising regulations or codes of practice.
You shall not open more than one affiliate account without our prior written consent nor will you earn commission on your own or related person's Sharkscope account. The programme is intended for professional website publishers.
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the affiliate programme, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the affiliate programme will not exceed the total Referral Commissions paid or payable to you under this Agreement. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Our obligations under this Agreement do not constitute personal obligations of our directors, employees or shareholders. Any liability arising under this Agreement shall be satisfied solely from the Referral Commission generated and is limited to direct damages.
You acknowledge that you have read this Agreement and agree to all its Terms and Conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate or contract with websites that are similar to or compete with your website. You have independently evaluated the desirability of participating in this Affiliate programme and are not relying on any representation, guarantee, or statement other than as set out in this Agreement.
You shall incorporate and prominently and continually display the most up-to-date links provided by us on all pages of your website in a manner and location agreed by us and you shall not alter the form, location or operation of the links without our prior written consent. You are eligible for Referral Commissions based upon your continued promotion of Subscriptions at Sharkscope. We reserve the right to reduce Referral Commission percentages if you reduce your efforts to recruit new Customers. Your reduced or suspended promotion of our sites will be deemed to represent your termination of this Agreement.
We and you are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between 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 site or otherwise, that would contradict anything in this Agreement.
You shall defend, indemnify, and hold us, our directors, employees and representatives harmless from and against any and all liabilities, losses, damages and costs, including legal fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation or term contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorised use of our banners and links or this Affiliate programme.
We make no express or implied warranties or representations with respect to the Affiliate programme, about ourselves or the Referral Commission payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality or non-infringement), and do not express nor imply any warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our sites will be uninterrupted or error-free and will not be liable for the consequences if there are any. In the event of a discrepancy between the reports offered in the Sharkscope Affiliate system and the Sharkscope database, the database shall be deemed accurate.