Affiliate Program Terms & Conditions

PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SOLID TOP SDN BHD, INC (“Company”).
BY SUBMITTING THE ONLINE APPLICATION, AND BY REFERRING VISITORS, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

Overview

This Agreement contains the complete terms and conditions governing your relationship with the Company and, if applicable, your participation in the Solid Top Sdn Bhd Affiliate Program (the “Program”). The purpose of this Agreement is to allow HTML linking between your web site and the Solid Top Sdn Bhd web site for the purpose of referring potential customers to Solid Top Sdn Bhd. Please note that throughout this Agreement, “we,” “us,” and “our” refer to Solid Top Sdn Bhd, and “you,” “your,” and “yours” refer to the Affiliate.

You must be approved by the Company before your participation in Solid Top’s Affiliate Program. Solid Top Sdn Bhd reserves the right to withhold or refuse approval for any reason or for no reason. Once you have been approved, your continued right to participate is conditioned upon the ongoing compliance with the terms and conditions of this Agreement. Failure of the Affiliate to observe the terms and conditions of this Agreement, the privacy policy or acceptable use policy posted on Company’s Site will disqualify Affiliate from participating in the Program. Publisher shall promptly notify Company in the event of a material change in its business practices or strategy. Approval may be withdrawn by Company, at any time for any reason.

2. Affiliate Obligations

2.1. To begin the enrollment process, you will complete and submit the online application at the Solid Top Sdn Bhd website. We will evaluate your application at our convenience, which is at a minimum 72 hours after submission. We may reject your application at our sole discretion.

We will reject your application or cancel an existing affiliate account if we determine that you are deemed to promote our site on aspects that are unsuitable for our Program, including if it:

  • 2.1.1. Promotes sexually explicit materials.
  • 2.1.2. Promotes violence.
  • 2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • 2.1.4. Promotes illegal activities.
  • 2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law.
  • 2.1.6. Includes “Solid Top” or variations or misspellings thereof in its domain name.
  • 2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
  • 2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
  • 2.1.9. Promotes get-rich-quick schemes that have no tangible business value.

You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Solid Top or any other affiliated business.

2.2. All affiliates that send advertisements via email must have the consent of the recipient to send such email and shall maintain records evidencing such consent including, without limitation: (a) Consumer opt-in date; (b) Registration source; (c) First name; (d) Last name; (e) Email address; (f) Privacy Policy of Source Site; (g) Any other information collected; and (h) affiliate will supply such records to Company within one (1) business day of a request.

  • Unless otherwise approved in writing by Company, affiliates may not offer incentives to users as a means to enhance the performance of any program; incentives include but are not limited to awarding them cash, points, prizes, contest entries, etc.;
  • Affiliates may not bid on any variations of Solid Top Sdn Bhd brand terms in any keyword based pay-per-click search engines, including, without limitation, Google and Bing.
  • Affiliate websites must be fully functional at all levels;
  • Spawning process pop-ups are prohibited; and
  • Spawning such other criteria as Company may from time to time determine, in its sole discretion.g process pop-ups are prohibited; and

All affiliates shall maintain and post in a conspicuous manner on all its websites involved in the Programs, a privacy policy that clearly and adequately describes how consumer information is collected and used. The privacy policy must fully and accurately disclose your use of third-party technology, use of cookies, and options for discontinuing use of such cookies. Company reserves the right to review your privacy policy as necessary. Failure to have a privacy policy may result in termination from the Program.

2.3. As a member of Solid Top Sdn Bhd’s Affiliate Program, you will have access to Affiliate Control Panel. Here you will be able to review our Program’s details and currently active campaigns and record tracking of introducing others to our program.

2.4. Solid Top Sdn Bhd reserves the right, at any time, to review your placement and reject the use of links and require that you change the placement or use to comply with the guidelines provided to you.

2.5. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date, for compliance with these terms of use, for compliance with applicable law, and/or to notify you of any changes that we feel should enhance your performance.

2.6. It is entirely your responsibility to comply with all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.

2.7. It is your obligation to review the Terms of Service for the Affiliate Program regularly. You must stay aware of any changes to the Solid Top Sdn Bhd Affiliate Terms of Service, although Solid Top Sdn Bhd will use its reasonable efforts to notify you of any changes.

3. Solid Top Sdn Bhd Rights and Obligations

3.1. We have the right to monitor your account at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your account that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Program.

3.2. Company actively monitors traffic for fraud. If fraud is detected, your account will be made inactive pending further investigation. Fraud traffic includes but is not limited to, click-through or conversion rates that are much higher than industry averages and where solid justification for such higher click-through or conversion rates is not evident to the reasonable satisfaction of Company; fraudulent leads as determined and reported by Company’s clients; use of fake redirects, automated software, and/or other fraudulent mechanisms to generate payable actions from the Programs.

If you fraudulently add leads or clicks, or inflates leads or clicks by fraudulent traffic generation, as determined solely by Company, you will forfeit your entire commission for all Programs and your account will be terminated. In addition, in the event that you have already received payment for fraudulent activities, Company reserves the right to seek credit or remedy from future earnings or to demand re-imbursement from you.

Solid Top Sdn Bhd reserves the right to terminate this Agreement and your participation in the Solid Top Sdn Bhd Affiliate Program immediately and without notice to you should you commit fraud in your use of the Solid Top Sdn Bhd Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Solid Top Sdn Bhd shall not be liable to you for any commissions for such fraudulent sales.

4. Term and Termination

This Agreement will begin upon our acceptance of your affiliate application, and will continue unless terminated hereunder. Either you or we may end this Agreement on three (3) business days’ written advance notice to the other party, with or without cause Termination notice may be provided via email and will be effective immediately, including that you must immediately cease all advertising activities. All moneys then due will be paid during the next billing cycle, subject to any final accounting.

5. Modification

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email, (which may be provided by email to the email address provided in the course of your registration with the Company). Modifications may include, but are not limited to, changes in the payment procedures and the Solid Top Sdn Bhd Affiliate Program rules. If any modification is unacceptable to you, you may terminate this Agreement. Your continued participation in the Program following the email of the change notice and the new Agreement on our site will indicate your agreement to the changes.

6. Commissions & Payment

6.1. Solid Top Sdn Bhd’s Affiliate Program is a PPS (pay-per-sale) affiliate program. We pay affiliates a minimum of RM100 to a maximum of RM300 for recurring commission on referred customers.

6.2. Affiliates are paid about every 30 days by a company check, approximately 15 days after the prior period, provided that Company may, in its discretion, withhold payments until such time as its clients have paid Company for the Program. In addition to any other remedies that may be available to Company, in the event of any breaches by you of this Agreement, you shall forfeit your rights to any amounts owed by Company to you. All payments are made in Ringgit Malaysia (MYR) only.

6.3. Company shall compile, calculate and electronically deliver data required to determine your billing and compensation. Any questions or disputes regarding the data or payout provided by Company needs to be submitted in writing within five (5) business days of receipt, otherwise the information will be deemed accurate and accepted as such by you.

6.4. Solid Top Sdn Bhd will only pay Affiliates for commissions that are earned and tracked through their termination as an Affiliate. Any Affiliate that is removed from the program because of non-compliant behavior will not receive commissions from any referred customers.

7. Access to Affiliate Control Panel

We will create, and email you a password so that you may enter your secure affiliate account interface.

You may not share your password with any other person. You are responsible for any actions taken through the use of your password. Solid Top Sdn Bhd reserves absolute right to access your account at any given time to monitor any sales or introduction to our products made for internal survey and improvement purposes.

8. Disclaimer

SOLID TOP SDN BHD MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING SOLID TOP SDN BHD SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF SOLID TOP SDN BHD ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

9. Representations and Warranties

You represent and warrant that:

9.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;

9.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;

9.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

10. Limitations of Liability

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL COMPANY’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

11. Indemnification

You hereby agree to indemnify and hold harmless Solid Top Sdn Bhd and their subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that your infringed on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site.

You will immediately notify Company of any current, impending, or potential legal action against it by a third party for matters relating to email, email complaints and email deployment.

Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the indemnifying party hereunder.

12. Miscellaneous

12.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Solid Top Sdn Bhd. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or any other of site or otherwise, that reasonably would contradict anything in this section.

12.2. Neither party may assign its rights or obligations under this Agreement to any party, except, that the assignment to a third party who obtains all or substantially all of the business or assets of a party shall be permitted subject to the reasonable consent of the other party (i.e. the non-assigning party).

12.3. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

12.4. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.

12.5. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.

12.6. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

I AGREE
I DISAGREE