As an Sketch5 Affiliate, You have the opportunity to earn money from commissions for Sketch5 accounts that You sell to other users.
This Agreement sets forth Your rights and obligations as an Sketch5 Affiliate. By clicking “I Agree” You indicate that You have read and understood this Agreement and You will be bound by its terms.
1. PARTIES. All references to “Sketch5” herein mean and refer to Sketch5 (M) sdh bhd, doing business as Sketch5, and Sketch5 (M) sdh bhd owner(s), affiliate entities, and employees, and assigns. All references to “You” and “Your” mean and refer to that Sketch5 Affiliate who has executed this Agreement by clicking “I Agree.” Sketch5 and You are each referred to herein as a “Party,” and collectively as the “Parties.”
2. INDEPENDENT CONTRACTOR. You are an independent JV of Sketch5. It is the express understanding and intention of the Parties that no relationship of master and servant or principal and agent shall exist between Sketch5 and You by virtue of this JV Agreement.
3. TERM AND TERMINATION. Your contract with Sketch5 begins when you agree to this agreement.
A. Sketch5 cancels Your account due to Your breach of any of the terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You forfeit all Commissions and Bonuses owed to You or that may in the future be owed to You.
B. Sketch5 or its successors or assigns, in its sole and absolute discretion, cancels Your JV Agreement. In the event that Sketch5 or its successors or assigns cancels Your JV Agreement, You will first receive thirty (30) days’ written notice, sent to the e-mail address you provided Sketch5 and that is associated with your Affiliate profile.
A. COMMISSIONS. After You agree to the terms of this Agreement, You will receive a unique Affiliate URL, which You will use to advertise Sketch5. When another person (a “Prospect”) clicks through that URL, a cookie (or similar tracking technology (hereinafter “Cookie”)) will be set in the Prospect’s browser. When the Prospect creates an Sketch5 account by using Your Affiliate Link, the Cookie on the Prospect’s browser, corresponding to Your unique URL, registers a “Sale,” and each such account is a “Sold Account.” In the event that a Prospect has multiple Affiliate Cookies, the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. You will be paid a commission for each Sold Account that generates a minimum payment of $97.00 to Sketch5 in a month. The Commission amount is 40% of all fees received by Sketch5 for a Sold Account.
Commissions are paid after a 45 day "cooling off" period (due to potential refunds or cancellations).
The "Ready For Payout Today" commission summary line must be $100.00 or more at the time the commission report is generated. You may choose from Paypal referred) or Bank.
B. TAXES. You are responsible for any and all tax liabilities, including without limitation income tax liabilities that arise from or in any way relate to any commissions or bonuses You receive from Sketch5.
C. MINIMUM COMMISSION PAYMENT. Your commission amount must equal or exceed One Hundred and 00/100 Dollars ($100.00) before You receive a payment from Sketch5. If your commissions for a given month are less than $100.00, Your commissions will be held until Your commissions equals or exceeds $100.00.
D. COMMISSION PAID FOLLOWING LEGITIMATE SALE. Commissions are paid only for transactions that actually occur between Sketch5 and a Sale. If the transaction does not actually occur, or if payment from a Sale is not actually received by Sketch5, You will not be paid a Commission on the transaction. If payment for a Sold Account later results in a refund or charge-back, and if a commission or bonus was paid to You for that Sold Account payment, then the commission or bonus will be deducted from Your future commissions. If Sketch5 determines, in its reasonable discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement, no Commission will be paid for such Sale. If any Commissions are paid for a Sale that was produced fraudulently or as a result of any violation of this Agreement, and the fraud or violation is discovered by Sketch5 after payment, such payment amounts shall be deducted from Your future commissions.
E. U.S. DOLLARS. PAYMENT PROCESSING FEES. All commissions are paid in US Dollars. Depending on what payment processor or payment method You instruct Us to use, processing fees may be deducted from Your Commissions payment.
5. MARKETING AND RECRUITING.
A. TRUTHFUL. Anything You communicate in marketing or advertising any Sketch5 service or opportunity must be true and accurate. Claims that relate to any Sketch5 service or opportunity that are untrue or fraudulent are strictly prohibited. You may not claim that any government, person, or entity endorses or supports Sketch5. You may not use the intellectual property of any other person or entity in advertising any Sketch5 service or opportunity.
B. INVENTORY LOADING/REBATES. You will not be paid any Commission for payments made on your own User Account(s). You are not permitted to open a Sketch5 account under the name of another person or entity, or under a fictitious name. You are not permitted to open a Sketch5 account under any name merely for the purpose of obtaining Commissions or any other compensation, including without limitation incentives or prizes which may be offered from time to time. You may not pay for another person’s account. You are not permitted to offer cash rebates or other monetary incentives to actual or potential Sales. Violation of this paragraph shall constitute a material breach of this Agreement, and You agree to repay to Sketch5 all Commissions earned as a result of any such violation.
C. INCOME CLAIMS. If Your recruiting efforts include claims related to the potential income a Sketch5 Affiliate can make, or if You make reference to income You have made, or if You make reference to any lifestyle opportunities You have because of Sketch5, the following guidelines must be adhered to:
1. Your statements must be completely true and accurate and supported by evidence;
2. If You use a hypothetical scenario, You must clearly label it as a hypothetical scenario.
6. SKETCH5S’ INTELLECTUAL PROPERTY. No logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information (collectively, the “Sketch5 Intellectual Property”) owned by Sketch5 may be used, copied, or reproduced by You except as set forth below. No Sketch5 Intellectual Property (or any mark confusingly similar to any Sketch5 Intellectual Property) is to be advertised for sale or registered as a domain name by You in any fashion.
- You must not use the “voice” of, or purport to speak on behalf of, Sketch5.
- Any time You use the word “Sketch5” it must be immediately followed by the letters “TM” in superscript caps.
- When used in prose, Sketch5TM must be used in the same font as the rest of the prose.
- When used other than in prose, Sketch5TM must be used in the font employed by Sketch5’ corporate marketing in Sketch5’ corporate logo.
- You may use only such other images, photographs, and trademarks as Sketch5 expressly authorizes in writing.
7. RELEASE/AUTHORIZATION TO USE PHOTOGRAPHS. You grant Sketch5 permission to use any and all photographs taken by Sketch5 or its agents or employees, or submitted by You to Sketch5 (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Sketch5 or any product or service sold and marketed by Sketch5. You agree that this authorization to use Photographs may be assigned by Sketch5 to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in Sketch5s’ sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against Sketch5 in exchange for this Release and Assignment. You hereby release and forever discharge Sketch5 from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
8. PROHIBITED ACTIVITY. Sketch5 has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Sketch5’s reputation; and the violation of the rights of Sketch5 or any third party.
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to Sketch5’s reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
9. INDEMNITY. You agree to protect, defend, indemnify and hold harmless Sketch5, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of the Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against Sketch5 for liability for payments for, damages caused by, or other liability relating to, You.
10. NO WARRANTY; NO LEADS. Sketch5 does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that Sketch5 will not at any time provide sales leads or referrals to You. Additionally, SKETCH5’S WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SKETCH5 MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY SKETCH5 WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. SKETCH5 MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY SKETCH5 WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY SKETCH5 WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY SKETCH5 WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY SKETCH5 WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT SHALL SKETCH5’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE COMMISSIONS PAID TO YOU FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST SKETCH5 OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
12. FORCE MAJEURE. Sketch5 will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Sketch5. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Sketch5 shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
14. ENTIRE AGREEMENT. This Agreement, along with Sketch5s standard Terms and Conditions represents the entire agreement between the Parties and supersede any other written or oral agreement between the Parties as pertaining to Your rights and responsibilities as a Sketch5 Affiliate.
15. NOTICE. Any notice required to be given to Sketch5 under or related to this Agreement shall be in writing, addressed as follows:
53 Bradford Street
Sketch5 will send notices to You at the e-mail address You provided to Sketch5. Any notices shall be deemed delivered to You when sent by Sketch5. You are solely responsible for addressing any technical failures related to Your e-mail address or server, and for reading any e-mail sent to You.