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These terms apply to participants in the Drummitup Referral Program.
These terms explain how Drummitup operates its Referral Program and the various ways that you are permitted to take part in this Program. Please read these terms carefully before joining the Referral Program. By joining or taking part in the Program, you indicate that you accept these terms and that you agree to abide by them. You will be required to confirm your participation when registering to join the Program at Drummitup Referral Program Page.
The Referral Program allows any individual earn referral commission from referring customers to drummitup.com ("our website"). Referral commission will be generated when a new customer, referred by an affiliate, purchases a subcription plan[Memberships, Thread Pins, User Pins] to use our services (i.e. a Subscription"). This referral commission becomes valid when the invoice is marked as paid and approved by the backend.
By joining the Referral Program, you confirm that:
We may, at our sole discretion, review your website following your acceptance of these terms, to ensure your compliance with these terms.
We may, at our sole discretion, choose to reject any application for any reason (and are under no obligation to disclose such reasons).
We have the right to suspend or close any account with us and block your use of our site, if (in our opinion) you have failed to comply with any part of these terms. You understand that your account is individual to you, and that we may suspend or close your account if you attempt to transfer or use your account to/for another person.
You are responsible for ensuring that all persons who use your account with us are aware of these terms, and that they comply with them.
You are responsible for all use of your security details and your account. You must treat your username, password and any other security detail as confidential, and not disclose it to any other person. You must also prevent unauthorized access to your account.
By using our site, you consent to such processing and you confirm that all data provided by you is accurate and not misleading.
By providing us with your contact details, you agree that we can use these to contact you such as to notify you of activity on our site or on your referral account.
Nothing in these terms shall constitute, or be deemed to create, a partnership between you and us; nor, except as expressly provided, shall it designate, or be deemed to designate, either you or us as the agent of the other for any purpose.
Subject to any express provisions to the contrary in these terms, you shall have no right or authority to enter into any contract, make any representation, give any warranty, incur any liability, assume any obligation, whether express or implied, of any kind on our behalf or bind us in any way.
We shall provide you with materials for linking to our site in your referral dashboard. These materials will include the HTML code for the link and a selection of graphic files (e.g. banners) to which the HTML code should be applied.
The HTML code, as it appears in your referral dashboard, must be copied exactly and not altered in any way. Failure to comply with this condition may result in your receiving no credit for sales of subscriptions that are generated through your website.
Under no circumstances may any of the graphic files provided by us be modified in any way without our prior written authorization. You may not use graphic files of your own to link to our site.
All graphic files that we may provide for use as links may be displayed throughout your website as you deem appropriate subject to these Terms. We reserve the right to request the alteration or removal of a link from your website.
You are required to assume full responsibility to maintain all links to our website from your website.
When a customer follows your referral link to our site, we place a tracking cookie on that customer's computer or mobile device which will be used to identify that customer as a referral from you, provided that customer creates an account on our site within 90 days (after which the cookie expires). If the customer uses another computer or mobile device to create an account or deletes the tracking cookie before creating the account, then we shall have no liability to pay commission in respect of any such subscription(s) purchased by that customer.
As an affiliate, you are free to display pricing and other information relating to our subscriptions. It is your responsibility to keep such information up-to-date through your own efforts. Although we may inform you prior to any pricing alterations, we have no obligation to do so.
We reserve the right to alter pricing at any time in accordance with our own policies.
We undertake to use our best and reasonable endeavors to process and fulfill all orders for subscriptions placed by referred customers generated by you.
We reserve the right to reject any orders that do not comply with our community guidelines .
It shall be our full responsibility to ensure that all orders are completed and that the provision of services is undertaken in accordance with our customer terms and conditions. We shall be responsible for order entry, payment processing, cancellations and all subsequent customer service. You shall have no further involvement with the customer or the completion of the transactions, and all customers will be made aware of the same.
If your email ID or one of your user's email ID is already registered in our database, any sale via your referral link will neither be tracked nor commissioned.
You may not use the following methods to sell or promote subscriptions:
Email SPAM: sending unsolicited marketing email. However, you may send emails to people you know or who have given you permission to send them marketing emails for products and services similar to Drummitup.com;
Comment SPAM: posting referral links on blogs, message boards and forums in cases where the discussion or content is not related to the services we offer. However, you may advertise your referral link on websites which are discussing VPN/proxy services or in a forum signature. You should never use automated bots to post comments containing your referral link;
Black Hat techniques: using “Black hat” SEO marketing on your website, such as keyword stuffing, invisible text or doorway pages;
Incentives: offering incentives to users, such as cash back or other rewards, except where facilitated by features on our site;
Using the brand name: No referral is allowed to use the brand name in their own domain extensions in any way, shape or form (.co.uk, .us, .org, .fr, .com, etc.)
Full report of all sales of subscriptions generated through your referral links will be available on your referral dashboard. We reserve the right to alter the form and content of such reports without notice.
Our referral commission rates are displayed on our site and we may change these rates and our prices at any time without any notice.
In accordance with these terms, we shall pay you referral commissions on all sales of subscriptions generated by you, except for subscriptions paid for via Linkshare, Apple iTunes Store and Google Playstore.
We shall send payment to you using the payment method you have selected in your referral dashboard. If no payment method is selected, we shall not be under any obligation to make payments to you. Our only liability is to send payment using the details provided by you and we shall have no liability for lost payments as a result of details being incorrectly entered by you.
Payments will be sent after receiving a manual request from you which can be made from the referral dashboard, subject to your balance being above the minimum payment threshold. Please note that the threshold for payment via Paypal is $50. Kindly note that payments not claimed within one year or accounts with incomplete payment details after a billing cycle will be nullified.
Our default payment currency is US Dollars and our default payment cycle starts from the first and ends on the last day of a month. Commissions would be paid after the billing cycle, between the 15th and 20th of the next month.
Before making any payments, we reserve the right to review your account to ensure compliance with these terms. We shall have no obligation to make payments to affiliates who are in breach of these terms. Where it is not clear to us how you are referring customers to our service, we will require you to provide to us such information before we make a payment to you.
In the event of any chargeback(s), refunds or cancellations by customers referred by you, your commission shall be cancelled. If we have already paid the relevant commission to you, we shall deduct that amount from our next payment to you. Refunds will be made to customers in accordance with our Refund Policy or at our sole discretion.
Where the rate of chargeback(s), refunds or cancellations on your account is unusually high or we suspect your referral account is being used for fraudulent activity, we reserve the right to place restrictions on the your account, including but not limited to, suspending your account and retaining all sums within the account as well as commencing a full investigation. You give us your authorization to inform the appropriate authorities or third parties of any fraud or suspected fraud and only once we are satisfied that the matter is resolved shall we remove any restrictions on your account.
Unless otherwise expressly indicated, we are the sole and exclusive owners of all intellectual property rights ("IP Rights") on our site, including but not limited to, all code, text, sound, video, graphics, photographs and other images that form a part of the site.
We shall be the sole and exclusive owners of all IP Rights which may exist in all future updates, additions and alterations to our site.
By accepting these terms you agree that you shall indemnify us in full against all liability, loss, damages, costs and expenses (including legal expenses) awarded against or incurred or paid by us as a result of, or in connection with: breach of any warranty given by you in relation to your website; any claim that your website infringes the patent, copyright, trade mark or other intellectual property rights of any other person, except to the extent that the claim arises from compliance with any terms stipulated by us; and any act or omission by you or your employees, agents or sub-contractors in performing your obligations under these terms.
We shall not be liable to you for any indirect or consequential loss that you may suffer even if such loss is reasonably foreseeable or if we have been advised of the possibility of such loss being incurred.
This agreement will come into force when your application to join the Referral Program is approved by us, and shall continue to be binding unless and until either you or us notifies the other in writing that it wishes to terminate this agreement, in which case this agreement will be terminated immediately.
For the purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
Notwithstanding the other provisions of this clause, we may immediately terminate this agreement without notice if we determine, at our sole discretion: that you or any of your referred customers are engaged in fraud or are suspected of being engaged in fraud; that we have doubts in respect of your true identity and that you are unable to provide us with appropriate identification to effectively verify your identity; we have detected that you are located in one of the blocked countries (including if you have used a VPN to bypass our geographic location block on these countries); that any of your activities pose a risk to the integrity of the Program; and/or that you are involved in spreading negative sentiments/views about us.
You acknowledge that your personal information (meaning any information about you from which you can be personally identified, such as your name, address, telephone number or email address) may be used by us for the following purposes: to set up and maintain your account with us; and for the provision of the services to which this Program relates; to comply with relevant regulations regarding your registration with us, including verifying the information which you provide to us; to monitor activities in order to detect fraudulent or otherwise unlawful, criminal or improper activities (including money laundering) and breaches of these terms; and to investigate and/or prevent any such activities; to report any such activities to any relevant authorities or other online service providers; to keep you informed of future events, offers and promotions in relation to your account; and to provide you with important information about your account; for any other purpose which is necessary for the performance of our contractual obligations to you, or for enforcing your compliance with your contractual obligations to us.
You hereby consent to the use of your personal information as set out above by us, including the disclosure by us to relevant third parties for such purposes, including but without limiting to: identify and/or age verification agencies, and/or credit checking agencies; relevant authorities, other online service providers, banks, credit card companies, electronic payment providers or other financial institutions, and you hereby agree to cooperate fully with us in respect of any such investigation of activities which it or any such third party may carry out.
Communications: The terms are in English, and any contract and other communication between you and us shall be in English. The law requires that some of the information or communications we send to you is in writing. You accept that communication with us will be mainly electronic, through our site or by e-mail, and that this constitutes written communication.
When contacting you we will use the telephone, e-mail or postal address you provide to us when registering or any replacement to those details that you have entered into your account on our site.
Any official communication or notice from you to us should be sent to our postal and e-mail addresses.
Entire agreement: These terms and the material referred to in the terms: (i) set out the entire agreement between you and us regarding our site and the Program; (ii) supersede all previous or existing representations, agreements or communications between you and us regarding our site or the Program. We will not be bound by any obligation, condition or other provision that is different from or in addition to those set out in these terms unless authorized by one of our directors and specifically stated to be a variation of these terms.
Invalid terms: If any part of these terms is found to be invalid or unenforceable, the remainder of the terms shall not be affected.Transfer of rights and obligations: The contract between you and us (as set out in these terms) is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose off your contract with us, or any of your rights or obligations arising under it, without our prior written approval. We may transfer, assign, charge, sub-contract or otherwise dispose off of our contract with you, or any of our rights or obligations arising under it, at any time.
Delays in enforcement: If we fail to insist upon strict performance of any of your obligations, or if we fail to exercise any of our rights or remedies, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
Laws and disputes: These terms, the formation of the contract between us, use of our site, use of our services, and any dispute or claim arising out of any of them (including non-contractual disputes or claims), are governed by the laws of Hong Kong. All disputes between us shall be decided only by the courts within the Hong Kong, except that we may enforce any judgment anywhere in the world where you may have assets or be located.
Drummitup shall not be liable under any circumstances for any special, consequential, incidental or punitive damages arising out of or in any way connected with this Agreement and/or any services and products that the you may choose to purchase or use, including but not limited to: damages for lost profits, loss of service use, loss of data, loss of privacy, damages to third parties. This limited liability clause shall apply even if Drummitup has been notified of the possibility of any claims. In no event shall Drummitup's maximum liability exceed the total amount paid by you for the service or the product.
While Drummitup may change its Terms & Conditions over time, the latest iteration of these Terms & Conditions will always be available at Community Guidelines Page. The right to revise Terms & Conditions, as and when necessary, will be at the sole discretion of the Drummitup management. However, Drummitup will notify you of any material changes to Terms & Conditions through an update or email. If a user continues to use Drummitup after the Terms & Conditions have been modified, it will be treated as an agreement by the user to the revised Drummitup Terms & Conditions.