A. All websites, newsletters, companies, or individuals need official approval from Simcard Geek before they can become an Affiliate (“Affiliate”). Only websites that have been reviewed and approved are permitted to use the program. Simcard Geek reserves the right to withhold or refuse approval on any website, newsletter, company, or individual for any reason, whatsoever. Websites used to promote Simcard Geek must meet the criteria listed below:
1. Be content-based, not simply a list of links or advertisements.
2. Be written in English.
3. The content of the website cannot contain any adult content nor link from, or to, any adult materials including but not limited to:
i. Explicit, vulgar or obscene language.
ii. Posting or referencing of sexually explicit images or other offensive content.
iii. Promotion of adult services, such as phone sex or escort services.
4. You cannot place our advertisements into a framed environment, unless approved by Simcard Geek in writing.
5. Your website cannot be ‘point, lottery, or rewards’ based encouraging users to click on our banners or generate revenue for users to win points, get rewards, discounts or other incentives unless expressly approved in writing from Simcard Geek.
6. You cannot send Unsolicited Commercial Email (i.e., SPAM) to promote our affiliate scheme.
7. You may not fraudulently add leads, sales or clicks or inflate leads, sales or clicks by fraudulent traffic generation (as determined solely by Simcard Geek), such as pre-population of forms or mechanisms not approved by Simcard Geek, you will forfeit your entire commission for all programs and your account will be terminated. Simcard Geek reserves sole judgment in determining fraud, and you agree to this clause.
B. It is the OBLIGATION of the Affiliate to prove to Simcard Geek that they are NOT committing fraud. Simcard Geek will hold your payment in ‘Pending Status’ until you have satisfactorily provided evidence that you are not defrauding the system. We flag accounts that: i. Have click-through rates that are much higher than industry averages and where solid justification is not evident ii. Use fake redirects, automated software, and/or fraud to generate clicks or leads from our programs iii. Use fraudulent credit cards, billing addresses or shipping addresses.
C. Simcard Geek reserves the right to terminate any Affiliate’s contract for any reason whatsoever. Termination notice will be provided via e-mail and will be effective immediately. Simcard Geek reserve the right to revoke any commissions arising from referrals that we deem to breach our terms and conditions.
D. You guarantee that all content, products, and services on your website are legal to distribute and that you own or have the legal right to use any and all copyrighted material.
E. Affiliate irrevocably covenants, promises and agrees to indemnify Simcard Geek and to hold Simcard Geek harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, arising from any and all claims and lawsuits for copyright, slander, libel, and trademark violation as well as all other claims resulting from member’s web pages.
F. Simcard Geek reserves the right to change any conditions of these terms at any time. Change notices are sent to Affiliates by email, and Affiliates are responsible for complying with any changes to the terms within 14 calendar days from the date of change. Failure of the Affiliate to terminate the agreement within those 14 calendar days will constitute acceptance of the changes to this contract.
G. Simcard Geek gives no warranty, express or implied, for any and all services and products provided, including, but not limited to, warranty of merchantability and warranty of fitness for a particular purpose. This statement expressly includes any reimbursement for losses of income due to disruption of service.
H. You agree to settle any dispute under this agreement under the laws of Japan. Any litigation arising under this Agreement will be brought in the courts of Japan.
I. You also agree that Simcard Geek is not liable for your actions, and you will bear all costs (legal or otherwise) that Simcard Geek incurs if Simcard Geek is sued.
J. If any provision of this agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected thereby.
K. You must be 18 years or older to sign up as a Simcard Geek affiliate.
L. You may not bid on any search keywords containing or relating to Simcard Geek terms, this includes but is not limited to: Simcard Geek, simcardgeek.com, www.simcardgeek.com, SimcardGeek. Failure to comply with this rule will result in a forfeit of your earnings and a ban from the program.
M. Commission payments will be made once per month, providing you have a balance of at least JPY ¥5,000. If your balance hasn’t reached the minimum payout amount, it will be rolled over to the following month.
Consumers who click through to our site through a qualifying link shall experience our site exactly as presented. Without limiting the foregoing, Affiliate shall not “frame” users’ access of Merchant’s site in any manner, including without limitation, with advertisements, branding or other material. Additionally, Affiliate shall not transmit any so-called “interstitials,” “Parasite Ware,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations/Add ons,” “Shopping Wallets” or “deceptive pop ups/unders” to Consumers. “Parasite Ware” and “Parasitic Marketing” shall mean an application that:
i. Through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer-initiated click on a Qualifying Link on a web page or email;
ii. Intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines include, but not limited to; Google, Bing, Yahoo and similar search or directory engines);
iii. Set commission tracking cookies through loading of our site in IFrames, hidden links and automatic pop ups that open the site.
iv. Targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing;
v. Removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.