In these Terms, the following words have the meanings attributed to them:
“LinkServe” and/or “LS” means LinkServe Solutions BPO Inc., with registered office at 2F #33 Ambida Bldg. P. Burgos St., Brgy.9, Batangas City, 4200 Philippines In these terms the words “we”; “us” and “our” may also be used and refer to us, LinkServe Solutions BPO Inc.
“Affiliate”; “you”; “your” means you, as a LinkServe affiliate.
“Affiliate Program” means our Program for the promotion of our company by individuals who register with us as Affiliates.
“Unique code” means a code that an Affiliate has placed on or in the Affiliate's website(s), newsletter(s), or social media postings, for the purpose of getting third parties to apply for the company.
“Successful applicant” means a person who used your code and successfully passed the hiring process.
“E-wallet” means a software-based system that securely stores users' payment information and passwords for numerous payment methods and websites.
“Affiliate Account” means the account you set up when you register as an Affiliate.
“Confidential Information” means all documents, information and materials and any other proprietary information which we provide to you, and which ought reasonably to be considered as confidential information.
“Intellectual Property Rights” means all intellectual property rights (including without limitation patents, utility models, trade and service marks, trade names, domain names, right in designs, copyrights, moral rights, topography rights, rights in databases, trade secrets, and know-how) whether or not registered or registrable and also includes applications for registration of any of these rights, and all rights and forms of protection of a similar nature or having equivalent or similar effect anywhere in the world.
“Terms” means these Affiliate Terms and Conditions.
“Website” means our website found at linkservesolutions.com.
Setting Up an Affiliate Account and Earning Commission
To set up an Affiliate Account please fill in the online sign-up form on our Website. We will then provide you with a unique code to post on your website and social media platforms and to pass on to others. Each applicant who used this code will be registered on your Affiliate Account using a cookie that is set on the user's computer, and for each successful applicant made through that code, you will earn a commission at the rate set out on our Website. All personal information that you have provided us is protected under the Republic Act No. 10173 or the Data Privacy Act of 2012 (DPA)
We pay our Affiliates through their e-wallet or bank account, so you will need to have an e-wallet or bank account set up in order to receive payments. Please ensure that the details such as the account number, listed on your account are correct so that we can make payments to you when they are due. If the account number is incorrect then payments will not reach you so it is your responsibility to update your e-wallet or bank account if you change it.
All Affiliate payments are paid grossly. It is your responsibility to declare and pay any tax or insurance due on these payments and you indemnify LinkServe against any claims, losses, damages, or any other liabilities which arise as a result of you not declaring and paying those sums.
Relationship Between Affiliates and LinkServe
Neither you nor we are the agent or partner of the other. You agree that you will not at any time promote yourself as an agent or employee of LinkServe.
You also agree that you have no authority to enter into any contract on behalf of LinkServe or to bind LinkServe in any way, and you will not make any representation or indication that you are acting on behalf of, or are in any way capable of binding, LinkServe.
Your Obligations as a LinkServe Affiliate
You agree that you will:
Follow our reasonable instructions and requests in relation to your relationship with us as our Affiliate;
Always promote LinkServe and our products in the best light and as we would choose to do so ourselves, and not make or publish any statement which is disparaging or negative;
Notify us of all inquiries about LinkServe or our products promptly;
Bear all costs and expenses incurred in connection with your activities as a LinkServe Affiliate.
You also agree that you will not:
Make any statement, representation, or warranty, whether vocally or in writing, about LinkServe or our services other than those statements and representations contained in materials provided by us to you or set out on our Website;
Register any domain name, email address, or company name that is identical or similar to the registered trademarks 'LinkServe' or 'LS' or a translation of these trademarks into any other language;
Create, or direct or permit anyone else to create, a website for the sole purpose of advertising or promoting the LinkServe
® or LS ®; Create or maintain, or direct or permit anyone else to create or maintain, any website or social media account or page using 'LinkServe' or 'CMS' or any translation of these trademarks, and which site, account or page could reasonably be considered by anyone visiting it to be owned or maintained by us;
Promote your Affiliate code using SPAM/unsolicited emails
Promote your Affiliate code in a way that may cause offense to others, including competitors;
Make statements about LinkServe/LS products or LinkServe Solutions BPO Inc. that are not true. Up-to-date information about our products can be found at linkservesolutions.com, or by emailing us at firstname.lastname@example.org
'LinkServe' is our registered trademark and when writing the name 'LinkServe' you agree that you will follow the following guidelines:
Where possible it is always best to refer to the LinkServe as the LinkServe Solutions BPO Inc.;
Use the Registered Trademark Symbol so that it is written: LinkServe
® at least once in each separate written or broadcast communication; Where possible write
LinkServe Solutions BPO Inc. in bold to distinguish it from surrounding text. Bear all costs and expenses incurred in connection with your activities as a LinkServe Affiliate.
Termination and Closure of Inactive Accounts
We do not place any obligation on our Affiliates to meet quotas or guarantee sales. However, if any Affiliate Account is inactive for a period of one (1) year then we will close that account, meaning any application processed using the unique code associated with that account will no longer be registered to that account and no commission will be payable in respect of any sales coming through that code.
You can choose to end your membership of our Affiliate Program at any time, for any reason, by notifying us that you wish to do so. We will then close your account, meaning any applications using your unique code will no longer be registered to your account. Any commission which has not already been paid to you at the date that your account is closed will be paid through to you within two (2) months of your account being closed.
Moreover, we may terminate your program registration in our sole discretion including if we determine that you posted on any or if your site is unsuitable. Unsuitable sites include those that:
Promote or contain sexually explicit materials;
Promote violence or contain violent materials;
Promote or contain libelous or defamatory materials;
Promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age;
promote or undertake illegal activities;
We can terminate your membership of our Affiliate Program at any time, for any reason, by giving you thirty (30) days written notice. At the end of this thirty (30) day period, we will close your account, meaning any applications processed using your unique code will no longer be registered to your account. Any commission which has not already been paid to you at the date that your account is closed will be paid through to you on our next payment date.
We can also terminate your membership of the Affiliate Program with immediate effect if you breach any of these Terms and do not remedy that breach (if capable of remedy) within fourteen (14) days of notice from us. If you do not correct the relevant breach within this time period we will close your account, meaning any applications using your unique code will no longer be registered to your account. Once your account has been closed no further commission will be payable, including any commission which has accrued to your account but not yet been paid to you.
In addition to the termination provisions above, either you or we will be entitled to terminate your membership immediately by notifying the other in writing if the other is declared bankrupt, enters into insolvency or administration proceedings.
The rights to terminate set out above do not prejudice any other right or remedy available to you or us.
If your membership of our Affiliate Program is terminated for any reason you will be entitled to receive any unpaid commission registered on your Affiliate Account, unless payment is excluded for any reason set out in the above paragraphs. You will not be entitled to, or have any claim against LinkServe for, compensation of any sort.
Unless these Terms state otherwise, on termination of your Affiliate Account neither you nor we will have any further obligation to the other under these Terms.
Privacy and Data Protection
You agree not to disclose any Confidential Information, directly or indirectly, to any third party without our written authorization to do so, and you will exercise a reasonable level of care in protecting our Confidential Information from unauthorized use and disclosure. In particular, you agree that you will keep your account login details confidential and will not share them with any other person. You will also keep all marketing and other materials in relation to LinkServe confidential and will not use them for any purpose other than in connection with the promotion of LinkServe.
These confidentiality provisions do not apply to information that is (a) publicly available, (b) obtained by you from third parties without restrictions on how you use that information, (c) independently developed by you without using our Confidential Information, or (d) required to be disclosed by order of a court or other governmental or regulatory body.
Disclosure of our Confidential Information has the potential to cause damage to our business beyond anything that is capable of being valued by money damages. You, therefore, agree that we will be entitled to injunctive relief and any other remedies available to us in order to enforce these confidentiality provisions.
Intellectual Property Rights
All rights, including Intellectual Property Rights, in and to LinkServe, the services offered on our Website, the content in our Website, and all other information and materials which relate to LinkServe and our services are owned by LinkServe.
As an Affiliate, LinkServe grants you a non-exclusive, non-transferable, non-assignable, worldwide license for the duration of your membership of our Affiliate Program, to use our Intellectual Property Rights for the purposes of promoting our products in accordance with these Terms. However, your participation in our Affiliate Program does not transfer to you any rights in respect of our brand, our trade names or trademarks, or of the goodwill associated with them.
You agree that you will not use any trademarks or trade names that resemble our own marks or names (or both) and which would cause or be likely to cause any confusion or deception to third parties. You also agree that you will not do anything or authorize anyone else to do anything which would or might invalidate, or be inconsistent with, our Intellectual Property Rights.
If any infringement of any of our Intellectual Property Rights comes to your attention, whether actual or threatened, you agree to let us know as soon as you are reasonably able to. You also agree to notify us of any claim by anyone that our products infringe the rights of any other person, and you will, at our request and expense, do anything which may be reasonably required to assist us in relation to any such claim or generally to assist us in maintaining the validity and enforceability of our Intellectual Property Rights
You indemnify, defend and hold harmless LinkServe and its directors, officers, employees, distributors, and agents from and against any and all claims, expenses, wages, lawsuits, or other liabilities (including without limitation, reasonable legal fees, and court costs) for injury to any person, or for loss or damage to personal property, which arises out of any misrepresentation by you regarding LinkServe or our products, or any other of your activities as a LinkServe Affiliate.
Limitation of Liabilities
We make no warranties or representations (whether express or implied) with respect to the Affiliate Program or your potential to earn income as an Affiliate, or that our Website will be available or error-free at any time.
We will not be liable for any special, indirect, incidental, or consequential damages (including loss of profits) arising from or relating to your membership of our Affiliate Program, including without limitation damages claimed as a result of our Website or our products being unavailable or not performing for any period of time.
LinkServe's liability for all claims of any kind arising out of or related to these Terms (including for negligence), whether based on contract, tort, or on other legal or equitable grounds, is limited to money damages not exceeding the amount of commission due to you and unpaid at such time and which relates directly to the particular claim.
Nothing in these Terms excludes or limits our liability for death or personal injury resulting from our negligence, for fraud or fraudulent misrepresentation, or for anything else it would be unlawful to exclude or limit.
If you wish to give us notice in accordance with any of these Terms, please do so by delivering the notice to us in person, or by sending it to 2F #33 Ambida Bldg. P. Burgos St., Brgy.9, Batangas City, 4200 Philippines, or by email to email@example.com. Any notices from us to you will be sent to the contact email address you have provided in your Affiliate Account details. Notices will be considered to have been given at the time of actual delivery in person, or three (3) business days after posting or one (1) business day after transmission by email.
Changes to These Terms
We may make changes to any of these Terms at any time by posting new or updated Terms on linkservesolutions.com. We will also email any new or updated Terms to you using the contact email address you have provided in your registration details. Changes to these Terms may include, without limitation, changes in the way we award commission, fee schedules, payment procedures, and Affiliate Program rules. If any changes we make are unacceptable to you, you will need to terminate your membership in our Affiliate Program. If you continue to use your unique Affiliate code after we have notified you of new or updated Terms then you will be deemed to have accepted those Terms.
These Terms constitute the entire agreement between you and us with respect to the LinkServe Affiliate Program and supersede all other communications between us in relation to your involvement in our Affiliate Program.
Neither you nor we will incur any liability to the other for any loss or damage resulting from a delay or failure to perform any of these Terms (or any part of them) if the delay or failure is caused (whether in whole or in part) by events, occurrences, or causes beyond the control of that party, including without limitation acts of God, strikes, lockouts, riots, acts of war, earthquakes, fire, and explosions.
These Terms are personal to you as our Affiliate and you may not assign or otherwise transfer any of your rights or obligations to anyone else.
If we agree to waive any of, or any part of, these Terms then that waiver must be in writing to be effective. Any waiver by us of any of, or any part of, these Terms will not be considered a waiver of any subsequent breach of the same or any other provision of these Terms and failure, neglect, or delay by you or us to enforce these Terms (or any of them) or any rights or remedies at any time will not be deemed to be a waiver of the rights under these Terms.
These Terms are governed by and shall be construed in accordance with, the laws of the Philippines, whose courts shall have exclusive jurisdiction.
Thank you for being a LinkServe/LS Affiliate!