General

By submitting an application to the All Class Info Referral Program, (“Program”) you agree to be bound by the following terms and conditions (“Terms”). These Terms are a legal agreement (“Agreement”) between Arquero Co, the parent company of All Class Info ("Company", “we”, “us”) and You (“Referral Partner”, “you”).

The term Referral Partner does not imply any formal association with Company. By this Agreement, the Referral Partner is granted a non-exclusive, revocable right to market and advertise the All Class Info Service (“Service”).

We will reward Referral Partner for expanding our customer base and acquiring for us new customers through Referrals Partner’s own marketing efforts. We will pay to Referral Partner commissions on sales of the Service to customers who were referred to us directly by Referral Partner pursuant to the terms and conditions of this document(“Commission”).

Participation in Program  

1. To enroll in the Program, the Referral Partner must fill out the online application form. Referral Partner agrees that any information provided to Company will always be accurate, correct and up to date and that the account will not be used for any illegal or unauthorized purposes. Providing false information in the application form will result in immediate termination from the Program and forfeiture of all outstanding Commissions.

2. Company reserves, at its sole discretion, the right to refuse to anyone participation in the Program at any time. Company also reserves the right to refuse Affiliates from certain countries that have a track record of originating credit card fraud.

3. Upon application approval, Company assigns the Referral Partner referral links which redirect to the Company website. Referral links contain a unique Referral ID assigned to the Referral Partner. This information is saved on the computer of the visitor, who enters the Company website through the referral link, in the form of a cookie.

4. The sale of the Service that forms the basis for Commission calculation is tracked through the use of cookies or the assignment of a unique promo code. In some cases, it will not be possible to track traffic from the Referral Partner's website to the Company website, because the visitor is using cookie-blocking software. Therefore, it’s necessary to enable cookies on dedicated browser. Company is only responsible for paying Commissions on sales that can be tracked back to the Referral Partner using the technology in use by Company. 

Obligations of Company  

Company agrees:

1. to pay Commissions on sales of the Service referred directly by the Referral Partner in accordance with the provisions of these Terms;

2. to grant the Referral Partner access to a Referral Partner account – login and password protected area within the Referral Partner Panel where the Referral Partner can look up their referral partner URLs, information about referred sales and commissions;

at its sole discretion and choice, to grant the Referral Partner access to materials containing Company Services, logos, and/or other promotion materials (“marketing materials”), however, this shall not create any obligation to deliver such materials to the Referral Partner.

Referral Partner Obligations

1. The Referral Partner agrees:

• to receive commercial information about Company, the Program and the Service;

• that participation in the Program is at their sole risk;

• that promotional materials provided by Company, including but not limited to the marketing materials, are the property of Company and may be used by the Referral Partner for promotion of the Service under the Program only according to the instructions of Company; the instructions are available on the Referral Partner Panel;

• to be responsible for all taxes and other similar levies applicable to the Commissions pursuant to any law or regulation; in particular the Referral Partner shall report Commissions to their tax authorities as required by applicable law;

• to provide Company, with current, full and accurate details personal data and adequate payment details or necessary and required documents within three (3) days from the initial request, should Company be responsible for provision of such documents or details under any regulation or tax law.

• for avoidance of doubts, in any case customer referred by the Referral Partner shouldn’t be a family member of Referral Partner.

2. The Referral Partner should strictly adhere to all applicable laws, regulations and good industry practice, as well as these Terms, in conducting their business, in particular in marketing and advertising the Service and the Program. 

3. The Referral Partner shall market and advertise the Program and the Service diligently and in goodwill, and shall develop, operate and maintain their website and referral links, at their sole expense and risk. In particular, the Referral Partner shall be solely responsible for all materials that appear on their website. Company shall have the right to approve or decline the graphics, logos, banners and other materials used by the Referral Partner in relation to the referral link to the Company website and to make suggestions related to those issues to the Referral Partner. The Referral Partner agrees to comply to the requests made by Company, in particular the Referral Partner is obliged to make changes to their website and other marketing materials used to promote the Service.

4. Pay Per Click Advertising: The Referral Partner is prohibited from advertising Company or any of its products or services in any search engine (including but not limited to: Google AdWords ™, Yahoo!, or Bing ™) This includes, but is not limited to the use of direct linking, i.e. using your referral link or any redirect to your referral link in the destination URL of your ads, in conjunction with one or all of the following elements:

a. Branded Keywords: using in the Referral Partner's ads or keyword bidding on All Class Info, Arquero, or any combination of our trademark. This includes negative keywords, misspellings or abbreviations, such as “ACI”
b. Non-Branded Keywords: the Referral Partner’s ads may not be linked directly to any Company landing page or website resources. All advertising must be directed to the Referral Partner’s landing page and then linked back to Company.

5. The Referral Partner understand they are responsible at all times as referral partners of Company for any activities related to their account in relation to violations of Pay Per Click Advertising and know that abuse of this policy can result in deactivation of their Referral Partner account.

6. Paid Advertising: The Referral Partner is prohibited from advertising Company or any of its products or services in any paid advertising service (including but not limited to: Facebook Ads, Twitter Ads, LinkedIn Ads). This includes, but is not limited to the use of direct linking, i.e. using your referral link or any redirect to your referral link in the destination URL of your ads, in conjunction with one or all of the following elements:

1. Incentivized Traffic & Cashback: The Referral Partner is prohibited from promoting Company in a way that requires a prospect or potential customer to perform an action in order to receive a reward, gift, or other compensation as result of their action (from the Referral Partner). Referral Partner are prohibited from promoting Company (and its products and service) with an incentive of “cash back” to prospects or customers in return for purchasing any Services.

2. Incorrect Information: The Referral Partner is prohibited from advertising wrong information in regards but not limited to:

• Product Information: As a Referral Partner, you are responsible for keeping pricing and product details up to date on your website and through your promotional methods at all times.

• Discounts: As a Referral Partner, you shall not promote, whether directly or indirectly, any discount denomination that is not active or given to you explicitly by Company.

7. The Referral Partner understands that they are responsible at all times as Referral Partners of Company for any activities related to their account in relation to violations of Paid Advertising and know that abuse of this policy can result in deactivation of their Referral Partner account and therefore no Commission payment.

8. The Referral Partner shall not send unsolicited email and shall not send email nor any other communication to a recipient if the recipient has not expressed their prior consent thereto. Sending unsolicited email messages (SPAM) can result in deactivation of their Referral Partner account.

9. The Referral Partner shall not attempt to register any trademarks, service marks, logos, brand names, trade names, domain names, email addresses and/or slogans similar confusingly similar to the ones to which Company is entitled, especially with the use of the word All Class Info or Arquero. Should the Referral Partner obtain any right, title or interest in the aforementioned trademarks (or intellectual property confusingly similar to them), the Referral Partner is obliged upon first demand of Company to transfer all title, right and interest of said intellectual property to Arquero. The Referral Partner shall be responsible for any costs associated with enforcing the trademark (or other intellectual property) and/or getting the domain transferred to Company.

10. The Referral Partner's actions cannot mislead as to the scope of the services and support offers by the Referral Partner.

Referral Partner Commissions

1. The Referral Partner will receive a Commission for each complete purchase of the Service made in the Agreement term by the customer referred by the Referral Partner. This means that the Referral Partner will receive the Commission upon accepted payment if the customer was referred through the Referral Partner's referral link and/or assigned unique promo code and the customer’s software allowed Company to save such a referral cookie. The Referral Partner is not entitled to the Commission for the purchases of the Service through their own referral link – this means that the Referral Partner will not receive the Commission for the purchase of the Service made by the Referral Partner himself/herself/themselves, their corporation, employer or the like or any other entity which controls, is controlled by or is under common control with, the Referral Partner. This includes also any purchases made not under Referral Partner’s name but with the use of Referral Partner’s payment medium (e.g. credit card, check, bank account, PayPal account).

2. The above applies to all the Commission for purchases made during the term of Referral Partner’s participation in the Program and within 90 days after its expiration or termination, concluded with Company or any other entity which controls, is controlled by or is under common control with Company, or during the term when Referral Partner is an officer, director or representative, if relevant, of Company or any other entity which controls, is controlled by or is under common control with Company and within 90 days after this term.

3. If a customer referred by the Referral Partner purchases the Service (All Class Info Standard Plan or Pro Plan), the Affiliate will receive a residual Commission calculated as a percentage of the amount paid to Company for the Service by the referred customer. In such case the Commission rate is 30%.

4. Where the customer referred by the Referral Partner has paid for the Service in other currency than the one used for settlement purposes with the Referral Partner, we will convert and credit the associated Commission in the relevant currency from the time of payment.

5. A summary of purchases of the Service and statement of referral Commission is available to the Referral Partner by logging into their Referral Partner account.

6. Company reserves the right to grant discount for the Service to chosen customers. Commissions reflect a percentage, not a particular amount, therefore it is possible that the Commission on the sale of the same Service may be different every month.

7. Commissions are calculated on the last day of each month and are paid out only when the accrued Commissions exceed either USD 50 or GBP 50 (depending on the Referral Partner's country of residence). If on the last day of the month the balance owing in the account is less than the aforesaid limit, the Commission will be accumulated in the account. The Commission are credited to your Referral Partner account once the customer pays for the Service. Commissions are only earned if a customer makes a payment in full.

8. Accrued Commissions are paid in the form of PayPal account or via other payment method if agreed individually with Company.

9. Based on internal risk analysis, Company reserves the right to withhold first time payments and any other payments originating from an account where there is suspected fraud activity – for a period of up to 3 months and in cases the Referral Partner violates any of the provisions of these Terms – all Commissions accrued and not paid out for as long as the Referral Partner is in breach. Company reserves also the right to disqualify Commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

10. To ensure proper Commission payment, the Referral Partner is solely responsible for providing and maintaining accurate contact details including address, as well as payment information associated with the Referral Partner's account. If you are a US taxpayer, you should include without limitation a valid tax identification number and Form W-9. If you are a non-US taxpayer, you should provide Company without limitation with either a signed certification that you do not have US Activities, or a completed Form W-8 or other form, which may require a valid US tax identification number, as required by the US tax authorities. No Commission payment shall be made unless the Referral Partner provides Company with accurate and complete contact and tax details.

11. The Referral Partner acknowledges and agrees that all the sums of Commissions payable under the Program are calculated jointly for the purpose of fulfillment of tax obligations.

12. Company reserves the right to change the Commission rate and Service prices at any time. Any Commissions accrued after such a change will be at the new rate.

Refunds/Chargebacks/Fraud

1. Any customer refunds, reversals or credit card chargebacks owed by Company to the referred customer will result in the appropriate Commission amount being deducted from the Referral Partner’s account balance (“Deducted Commission”). If the Commission from that sale has already been paid to the Referral Partner, the amount will be deducted from future payments of the Commissions. If the Commission owed to the Referral Partner in the next month is not sufficient to satisfy the Deducted Commission, Company may invoice the Referral Partner for the payment of the remaining debt immediately and the Referral Partner is obligated to pay it within 14 days of receiving the invoice.

2. Company reserves the right to terminate the Agreement with immediate effect in the event of not receiving the remaining debt within the 14 days of the due date on the invoice.

3. Any fraudulent activity that can be traced directly to the Referral Partner's actions will cause immediate termination and forfeiture of any Commission earned.

4. If an account of customer referred by Referral Partner is terminated due to practices or actions that Company considers to be abusive, prohibited or that violate Company Terms of Service in other ways, Company reserves the right, at its sole discretion, to withhold or forfeit one or all Commissions earned (regardless of whether paid or outstanding) for referring the terminated customer. If the number of terminated customer accounts referred by Referral Partner is abnormal or Company may reasonably suspect that it is a part of fraudulent activity, Company shall have the right, at its sole discretion, to forfeit not only Commissions earned for referring terminated customers, but all Commissions earned (regardless of whether paid or outstanding) by Referral Partner during the term of Agreement. As regards settlement rules section 1 and 2 above shall apply accordingly, i.e. Company is entitled in particular to deduct relevant amounts of forfeited Commissions from future payments due to Referral Partner and if the Commission owed in the next month is not sufficient, Company may invoice the Referral Partner for payment of remaining debt.

Limitation of liability

1. Referral Partner agrees to indemnify and hold Company, its employees, directors, officers, co-operators and representatives harmless from any and all claims, losses (either direct or indirect), damages, expenses, including but not limited to attorney fees basing or arising from your failure (or any individual using your username details) to comply with your obligations under these Terms or violation of any law, or violation of the rights of any third party. We will notify you as soon as reasonably practical of any such claim, demand or cause of action for which we will require indemnification from you.

2. To the maximum extent permitted by law, Company, its employees, directors, officers or representatives shall not be liable for any direct, indirect, punitive, special or consequential damage or loss, howsoever caused and irrespective of the nature of the cause of action, demand or claim by the Referral Partner. Company's entire liability, regardless of the form and cause of action, in any event is limited to the aggregate amount paid by Company to the Referral Partner in one month immediately preceding the date the Referral Partner notifies Company of such a claim, or in the aggregate, in respect of all claims under or related to the Program. The Referral Partner hereby releases Company, its officers, directors, employees and representatives from any and all obligations, liabilities and claims in excess of the aforementioned limitation.

3. Neither party shall be responsible for any delay or failure in performance of their obligations under these Terms of Service due to Force Majeure or other occurrences that are beyond reasonable control of the party in default or failing to fulfill obligations. By Force Majeure the Parties understand as an exceptional occurrence, caused by an external factor which cannot be foreseen, and which could not be prevented. Force Majeure occurrences include in particular: natural disasters, war, strikes, breakdowns, DDoS attacks or other disruptions in telecommunication networks or data communication infrastructure, emergency government action and administrative measures, activities of entities that affect the provision of the Service or Company websites, and whose activity is independent of the Parties. Company shall not be liable for any claim, loss or damage if, for any reason whatsoever, its website fails or is non-operational.

4. Company shall not be responsible if a referred sale goes unregistered for any reason.

5. Company shall not be responsible for any intermediary charges, transaction fees and other costs or expenses accrued by the Referral Partner in connection with the Program.

6. If you provide to us incorrect details (name, address etc.) and as a result we will have to undertake additional actions of any kind regarding payment, in particular void a check and issue and send you another one, you will be obliged reimburse us the costs and expenses, including additional fees and penalties imposed by a relevant bank, resulting from such actions. We reserve the right to refuse to undertake additional actions regarding payment, in particular to refuse for example to issue another check, or using another PayPal account, if you submit a relevant request after 12 months as of making payment, or if you failed to inform us about problems with payment within the above period, or if we have reasonable grounds to suspect a fraudulent activity.

Term and Termination

1. This Agreement shall be effective as and from the date of execution until and unless cancelled by either party.

2. Company has right to terminate this Agreement effective immediately upon delivery of such a notification to the Referral Partner either to his/her/their email address or upon posting a relevant information in the Referral Partner account.

3. The Referral Partner has the right to terminate this Agreement with immediate effect upon written notification delivered to Company email contact@allclass.info.

4. Company reserves the right to terminate the Agreement with the Referral Partner immediately and without notice and forfeit all outstanding Commissions if the Referral Partner violates any provision of these Terms, in particular if the Referral Partner:

   1. undertook any activity considered abusive practice,

   2. sent unsolicited email or engage in any other communication to a recipient if the recipient has requested discontinuance of such communication,

   3. promoted the Service or the Program via Google AdWords or other search engine provider without prior written consent of Company,

   4. misrepresented Company, the Program or the Service in any way,

   5. fails to meet the obligations declared in their own to customer referred by the Referral Partner,

   6. registered or used a domain, email address or trademark with any trademark (service mark) owned by Company or confusingly similar to Company's trademark or domain; used or permitted or accepted the use by a third party of any name, or trademark, or service mark belonging to Company, or any marketing material provided on the Referral Partner Panel, Company website, themselves or by any third party in a manner that would lead a reasonable person to believe that the name or trademark or service mark or content is a property of the Referral Partner or such a third party,

   7. provided false, invalid, inaccurate information in the registration process and/or not updating or supplementing it when necessary,

   8. artificially inflated (or attempted to inflate) the Commissions.

5. Company has the right to terminate the Agreement with immediate effect and shut down the Referral Partner account if the Referral Partner account is not used for nine months and the Referral Partner does not generate any Commissions.

6. Save as otherwise stated in these Terms, if the Agreement is terminated by either Party, the Referral Partner shall be entitled only to Commissions accrued as of effective termination date on condition that the Referral Partner submits a relevant request within 30 days from the termination date. After the expiry of such period it is deemed that the Referral Partner waived their right to the Commission accrued.

Final provisions

1. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

2. Company reserves the right to modify, add or delete any documents, information, graphics, marketing materials or other content appearing on or in connection with the Program or Company website, including these Terms, at any time without prior notice. The changed Terms shall be posted on the Referral Partner account and become effective immediately with respect to any continued or new Program participants, unless the Referral Partner terminates these Terms within the next 10 (ten) days. We encourage you to periodically review this page for the latest information on our Referral Partner Program Terms.

3. The Referral Partner shall address any inquiries or complaints regarding Company's performance of this Agreement to the Company email contact@allclass.info. In the same time, the Referral Partner shall provide always true and accurate information about their personal data and contact details.

4. As the Referral Partner you shall comply with any prevailing codes of practices, procedures and all applicable laws, regulations, rules and industry guidance issued by government agencies, self-regulatory bodies and trade associations covering anti-money laundering, data protection, deposit-taking, e-money, payment services and promotional activity that relate to the referral of potential customers of Company services.

5. This Agreement does not restrict any of your rights under the Terms of Service or applicable provisions of the law. The Company Privacy Policy and Terms of Service are each hereby incorporated into and constitute an integral part of this Agreement.