2022.12.15 updated

2022.12.30 effective date

CoolBitX offers this Affiliate Program (the “Affiliate Program”) through which an approved third party (the “Affiliate”) may provide marketing services via the links as provided by CoolBitX (the “Links”), which will be placed by the Affiliate on his/her website, that can redirect towards the CoolBitX’s website or such other website as designated by CoolBitX (the “Site”). The Affiliate hereby agrees that the following terms and conditions shall apply to the Affiliate’s participation in the Affiliate Program (“Affiliates T&C”).

By having (i) filled the cryptocurrency pay-out address (limited to “USDT TRC-20” only), and (ii) signing up and agreeing to the Affiliates T&C online, the Affiliate acknowledges and agrees that: (a) he/she fully understands the Affiliates T&C; and (b) he/she agrees to be bound by all of the Affiliates T&C with immediate effect.

The Affiliates T&C shall be a binding agreement between the Affiliate and CoolBitX, and CoolBitX reserves the right to update the Affiliates T&C at any time. The Affiliates T&C may be amended, changed, or updated by CoolBitX at any time and CoolBitX will notify the Affiliate of the subsequent versions of the Affiliates T&C via online or email notification(s).

Please note that after the effective date of any such amendments, changes, or updates, if the Affiliate shall be deemed to have accepted any such subsequent amendments, changes, or updates, by continuing to participate in the Affiliate Program.

Capitalized terms that are not defined in this Affiliates T&C shall have the same meaning as in the Terms and Conditions (https://www.coolwallet.io/termsandconditions/).

1. Rewards to the affiliates

1.1 – The Affiliate shall be allowed to place the Links on his/her website, which will enable redirection towards the Site.

1.2 – If a user clicks on the Link, and then concludes the purchase/payment procedures of the CoolWallet products (“Products”) on the Site (the “Transaction”), the Affiliate shall be entitled to receive commission payments (the “Reward”) for such Transaction. Payment of Rewards received by Affiliate shall be made by CoolBitX only for completed and valid Transactions. If a user cancels his/her order or requests a refund for any reason after CoolBitX paid the Rewards to the Affiliate, the amounts paid to the Affiliate on the basis of such cancelled Transaction(s) will be deducted from the next Reward owed to the Affiliate. For clarification, Products are limited to the CoolWallet card series, including CoolWallet S, CoolWallet Pro, and other co-branded cards, but not include (i) any merchandise such as charge set and/or private seed storage/recovery device, and/or (ii) any products consigned for sales on the Site. For the avoidance of doubt, CoolBitX reserve the right of final decision on the eligibility of each Transaction.

1.3 – The Rewards shall be an agreed-upon percentage of the Product’s final sales price after applied discounts, shipping costs excluded; provided that CoolBitX reserves the right, at its sole discretion and without advance written consent from the Affiliate, to modify the foregoing percentage at any time and the modification to the percentage shall be effective from the fifth day after such modification is communicated online or via email.

1.4 – An Affiliate shall be entitled to claim the Rewards if, and only if the accumulated and unpaid Reward balance exceeds US$200. The Rewards shall be paid in cryptocurrency designated by CoolBitX within a maximum of 60-day period from the date the Affiliate fulfilled the conditions as set forth in Clause 1.6. The amount owed to the Affiliate will be calculated on the basis of the conversion rate (average of the opening and closing price) between fiat currency and cryptocurrencies as set out by CoinMarketCap (https://coinmarketcap.com/) from the previous day of the payout. Conditions to payout of Rewards shall include without limitation actual receipt of funds from the purchase of the Transaction.

1.5 – No Rewards will be paid for (a) invalid Transactions or Transaction carried out by automated methods, robots, or any other activities conducted by machine other than natural person, and/ or (b) Transactions carried out in violation of any provision of these Affiliates T&C, and/or (c) Transactions of more than 10 Products in one order or other Transaction(s) that are deemed by CoolBitX as irregular, false or high-risk at CoolBitX’s sole discretion.

1.6 – When the conditions set forth in Clause 1.4 have been met, CoolBitX will send out an email notice with a “payout notification” to the Affiliate. The Affiliate is required to fill out, sign, and return the payout notification, along with the required documentation (if any), to the designated email address in order to claim its Rewards. For the avoidance of doubt, CoolBitX will only pay out the Rewards by USDT (TRC-20); provided that CoolBitX reserves the right to change the paying currency, at its own discretion and at any time, by updating this Affiliates T&C and in such event, the Affiliate shall promptly update the pay-out address to be entitled to receive any Rewards. For tax purposes, entity-Affiliate is required to provide an invoice to CoolBitX when claiming its Rewards.

1.7 – CoolBitX will send out a follow-up confirmation email after receiving the signed notification and the required documentation. Then the sixty-day (60) pay-out process will start from the date of the confirmation email sent. The Affiliate acknowledges that it shall be solely responsible for any and all taxes relating to the Rewards payment. Furthermore, the Affiliate acknowledges and agrees that CoolBitX reserves the right to withhold its Reward pay-out and reserves the right to terminate this contractual relationship in the event that the Affiliate does not cooperate with the above Clauses 1.6 and 1.7 pay-out protocol.

2. Obligation of the Affiliates

2.1 – The Affiliate must be a major and must be of full legal capacity under the laws applicable to the Affiliate to participate in the Affiliate Program.

2.2 – The Affiliate agrees that the position, statement, location, prominence and nature of the Links shall comply with any requirements specified by CoolBitX.

2.3 – Without prior consent of CoolBitX, the Affiliate shall not use www.coolwallet.io or any similar name as the domain name or URL in any paid search engine marketing campaign, and shall not engage in typo-squatting, or own a typo domain.

2.4 – The Affiliate shall not permit his/her website to contain any illegal materials such as libellous, defamatory, obscene, abusive, violent information, or provide the Link to any third party’s website containing the same.

2.5 – The Affiliate shall not interfere or in any way disrupt users from accessing the Site, so as to make the Links as the only option to access the Site.

2.6 – The Affiliate shall not promote the Products via spam or unsolicited commercial email. The Affiliate guarantees that: (a) all recipients of the emails from the Affiliate have agreed to receive the emails; (b) the Affiliate shall verify the opt-in statuses for all recipients, and the Affiliate shall provide the list of all recipients of promotion materials upon request of CoolBitX; (c) e-mail(s) sent by the Affiliate will contain clear instructions for the recipients to unsubscribe the email(s) from the Affiliate.

2.7 – The Affiliate must not use the CoolBitX’s brand name, name or typos in the “From” address line, and all email from the Affiliate correspondence must contain the Affiliate’s email addresses.

2.8 –The Affiliate shall not bid for search engine traffic using the terms “CoolBitX”, “CoolWallet S”, “CoolWallet” or similar keywords, or any misspellings of them. The Affiliate also agrees not to include the above-mentioned keywords in the display URL for purchased keywords. Misspellings include those with missing characters, extra characters, wrong character sequences, and where the wrong key is pressed.

2.9 – The Affiliate shall not place Links on Search Engine Advertising platforms such as Adwords or Bing. Affiliates must endeavour to ensure that websites on which he placed Links in remain below CoolBitX’s own paid search ads at all times on Search Engine Advertising platforms.

2.10 – Affiliate is not allowed to place Links on couponing or cash back sites. Affiliate must not purchase CoolBitX products through any Links in order to try getting a discount / retro-commission.

2.11 – The Affiliate shall not use, build, or repurpose any website that has a similar look and feel with the official website, or mislead any third person into thinking the Affiliate is representing CoolBitX or is an official partner of CoolBitX.

2.12 – Whenever a link is placed on any visual image or webpage, the Affiliate must follow the instructions of CoolBitX and ensure that such image or webpage (i) comply with the CoolBitX’s brand image and brand guidelines, as may be revised from time to time; (ii) not contain any content that is illegal, offensive, pornographic, violent, tortious, fraudulent, deceptive, or otherwise objectionable; and (iii) comply with all existing and/or new written or oral requirements of CoolBitX.

2.13 – For compliance purposes, applicants from the following sanctioned countries will be denied from participating in the Affiliate Program: Sudan, Syria, North Korea, Cuba, Iran, and Venezuela.

3. Limitation of Liability

3.1 – The Affiliate shall maintain adequate security and control of all accounts, passwords, API keys or any other codes that the Affiliate use to access to or associate with the Affiliate Program. The Affiliate acknowledge and agree that, the Affiliate shall be solely responsible for any activities or actions associated with Affiliate’s participation in the Affiliate Program, whether or not the Affiliate has authorized such activities or actions.

3.2 – The Affiliate acknowledges and agrees that, to the maximum extent permitted by applicable law, even if CoolBitX has been advised of the possibility of such damage or loss, CoolBitX shall only be liable for the direct damages caused by gross negligence or intentional misconduct of CoolBitX while providing the services associated with the Affiliate Program. The Affiliate also acknowledges and agrees that, in no event shall CoolBitX be liable for any damage or loss that is not reasonably foreseeable.

3.3 – The Affiliate acknowledges and agrees that, to the maximum extent permitted by applicable law and to the extent CoolBitX is held liable under the aforementioned clause 3.2, the maximum liability of CoolBitX shall not exceed the accumulated Rewards paid to the Affiliate by CoolBitX.

4. Term and termination

4.1 – The Affiliates T&C shall be in effect from the date of the approval email sent by CoolBitX to the Affiliate and shall remain effective until termination by either party with a thirty (30)-day prior written notice to the other Party.

4.2 – The Affiliate must cease using any intellectual property relating to the Affiliate Program upon the termination of this agreement and delete all the Links that Affiliate has placed on its websites.

4.3 – If the Affiliate acts illegally, and/or has in any way breach any of the provision under the Affiliates T&C, CoolBitX is entitled to terminate this Agreement and/or suspend the Affiliate from the Affiliate Program, with immediate effect by online or email notice from CoolBitX.

5. Ownership; Grant; Restrictions On Grant

5.1 – The Affiliate shall comply with CoolBitX trademark, copyright and other intellectual property criteria and requirements.

5.2 – The Affiliate acknowledges and agrees that CoolBitX retains ownership of all right, title and interest to the Affiliate Programs, the Products and the Site. Except for the right to place the Links to the Site according to the Affiliates T&C, the Affiliate does not acquire any right, title, interest, and license or any rights under this Affiliates T&C.

6. Indemnification

The Affiliate agree to defend, indemnify, and hold CoolBitX, its subsidiaries and affiliates, and their officers, directors, employees, agents, representatives and attorneys harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) the Affiliate’s violation of the Affiliates T&C; and/or (b) the Affiliate’s violation of any third-party right, including without limitation any intellectual property, confidential information or other proprietary right.

7. Assignments

Neither Party may assign or otherwise transfer all or any part of its rights under the Affiliates T&C without the prior written consent of the other Party.

8. Governing Law and Jurisdictions

8.1 – This Affiliate Program shall be governed by and will be construed according to the laws of Taiwan (R.O.C.). The Parties agree that the Taiwan Taipei District Court shall be the court of first instance with jurisdiction for any dispute or controversy arising from or in connection with the Affiliates T&C.

8.2 – If there are any issues arising under the Affiliate Program that are not mentioned in the Affiliates T&C, such issues shall be governed by and will be construed in accordance with the Terms and Condition and the laws Taiwan (R.O.C.)

9. Contacting CoolBitX

If you have any questions about this Affiliate Program, please contact CoolBitX through affiliates@tapfiliate.coolbitx.com.