Affiliate Program Policy

Thank you for joining the Levamo Affiliate Program to promote our Services (the "Program")! This Affiliate Program Policy governs the participation of any participant in the Program ("Affiliate", "you", or "your") with Levamo LLC ("we," "us," "our," "Levamo," or "Rapyd Cloud").

Our Terms of Service, Service Level Agreement, Privacy Policy, Cookie Policy, Deprecation Policy, Beta Testing Policy, DMCA Copyright Policy, Trademark Notification Policy, and Acceptable Use Policy are incorporated into this Affiliate Program Policy whenever applicable. Together, they form a binding agreement between you and us. Any capitalized words used but not defined in this Affiliate Program Policy have meanings as provided in the Terms of Service.

1. ELIGIBILITY AND REGISTRATION

   1. To participate in the Program, you must create and maintain an Account in accordance with our Terms of Service.
   2. To participate in the Program, you must be eligible to receive affiliate payments via a payment provider or process that we have approved, which may change from time-to-time. At this time, commissions are paid via PayPal. Please refer to PayPal's policy to confirm that you are eligible to receive payments via PayPal. We are not responsible for any transaction fees charged by PayPal or any other payment provider.
   3. You are not eligible to participate in the Program if (a) you are located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, including, but not limited to, Iran, Syria, Cuba, North Korea, and the Crimea, Donetsk People's Republic (DNR), or Luhansk People's Republic (LNR) regions of Ukraine or (b) you are subject to economic or other sanctions by the United States, European Union, United Kingdom, United Nations, or any other government or international body.
   4. We may approve or deny in our sole discretion any application for participation in the Program for any lawful reason or no reason.

2. YOUR AFFILIATE WEBSITES

   1. You agree that you will only refer potential customers to us, and you agree to verify (a) that have provided valid contact information; (b) that are not bots, fake, illegitimate, or otherwise fraudulent; and (c) that meet the eligibility requirements set in our Terms of Service.
   2. You represent, warrant, and agree that any of your websites from which you promote our Services (collectively, the "Affiliate Websites") shall not violate our Terms of Service and Acceptable Use Policy.

3. YOUR RESPONSIBILITIES AND RESTRICTIONS

   1. You will comply with all applicable local, state, national, and international laws and regulations, including, but not limited to, United States trade sanctions and export-control laws, consumer protection, advertising, anti-bribery, export-control, and data privacy laws. You may not participate in the Program for or on behalf of any person or organization subject to embargoes, sanctions, or otherwise designate on any list of prohibited parties, including but not limited to lists maintained by the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury, and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, the United Kingdom, or other applicable government authority.
   2. You agree to cooperate with us, including the provision of information reasonably requested by us, to ensure our compliance with applicable laws in connection with your participation in the Program.
   3. You agree to promptly assist us in complying with any applicable laws, including data subject requests that we may receive from any individual that you referred to the us or our Services. You further agree to promptly assist us in complying with any duties to cooperate with supervisory authorities under applicable data protection laws.

4. YOUR PROMOTIONAL CONTENT

   1. Subject to the restrictions set forth in this Affiliate Program Policy, you are responsible for the content, communications, and materials, including the form and format thereof, that you use to promote us or our Services in connection with the Program ("Promotional Content").
   2. You shall include in your Promotional Content any and all disclosures by law that are applicable to your participation in the Program, including but not limited to a disclosure that You are a participant of the Program and has a marketing relationship with Levamo. You will not conceal your relationship with Levamo or obscure your participation in the Program in any way; nor you shall represent or imply that you are a Levamo partner, employee, or otherwise a representative of Levamo.
   3. You will not modify, change, customize, copy, or imitate any of our Levamo Content (as defined in our Terms of Service) that you use in or as part of your Promotional Content. Authorized versions of Levamo Content that may be used in your Promotional Content are available in your affiliate dashboard.
   4. You are fully responsible for and retain all rights and ownership in your Promotional Content. You acknowledge and agree that (a) we have no obligation to review, monitor, validate, correct, or update your Promotional Content in any way, and (b) we expressly disclaim any liability arising from your use and Promotional Content.
   5. You will promptly comply with our instructions to modify or remove Promotional Content.

5. YOUR REFERRALS

   1. Affiliate Links. To participate in the Program, you will make a referral by way of a hyperlink which is presented to a potential Levamo customer in a format that we have approved ("Affiliate Link"). You may present an Affiliate Link to a potential Levamo customer using one of the following referral mechanisms:
      1. By placing an Affiliate Link on your Affiliate Website or any other tool, application, platform, or document owned by you;
      2. By sharing an Affiliate Link via email or another messaging service with a potential Levamo customer from your professional network or one who has opted in to receiving marketing communications from you;
      3. By placing an Affiliate Link in the documentation of a code repository (e.g. Github repo) or in the description of a video hosted by a third-party video streaming platform (e.g. YouTube) where the repository or video in question is managed by you and where such placement complies with this Affiliate Program Policy and the terms and conditions of the third-party platform; or
   2. Referred Customers. A potential Levamo customer shall become a "Referred Customer" when they click on an Affiliate Link and register a Levamo Account ("Account"). (Any customer who creates a Levamo Account in connection with such customer's use of Beta Services shall not be a Referred Customer, and you will not be eligible for any Commissions in relation to such customer). We reserve the right in our sole discretion to deactivate and remove Referred Customers from the Program which have failed to maintain an active service plan or otherwise violate our Terms of Service.

6. COMMISSIONS

   1. You are eligible for one-time and/or recurring referral payments from us ("Commission") upon all of the following conditions being met:
      1. Your Referred Customer has never previously been a customer of Levamo;
      2. Your Referred Customer has made payment to Levamo for the Services (the "Fee");
      3. Your Account is active at the time the Referred Customer pays its Fees to Levamo; and
      4. Levamo has received all requested tax documents (e.g., Form W-9) from you.
   2. The amount of and methodology of calculating Commissions are determined, and subject to change by, Levamo in its sole discretion. Commission amounts and methodology, and updates thereto, are available in this knowledge base article.
   3. Commissions are calculated based on the actual Fees paid by the Referred Customer, exclusive of any taxes (such as value added tax, sales tax, goods and services tax, etc.), levies or duties owed by the Referred Customer. If the Referred Customer has received a discount, the Commission is calculated from the discounted Fee. One-time fees, overage fees, and add-on subscriptions shall not be considered in the calculation of Commissions. If any Fees are refunded to a Referred Customer for any reason, Levamo may set off such amounts from future Commissions.
   4. Commissions shall only be paid to one Affiliate for each Referred Customer. If there is a dispute as to which Affiliate should receive Commission, we shall determine in our sole discretion which Affiliate will receive the Commission, and our decision in this matter shall be final.
   5. When a potential Levamo customer clicks on an Affiliate Link, a tracking cookie will be stored by the web browser used by the potential Levamo customer. The tracking cookie will have a validity of thirty (30) days. During those 30 days, if the potential Levamo customer clicks on a different Affiliate Link while using the same web browser, a new cookie will be placed and will overwrite the original cookie. After 30 days have passed since the last cookie was set, it will expire, and a new cookie will be placed if the potential Levamo customer clicks on any Affiliate Link. Tracking cookies are stored by individual web browsers. If a potential Levamo customer clicks on different Affiliate Links using different web browsers, each web browser will store a tracking cookie associated with an Affiliate Link that was accessed within that web browser. At signup, the Referred Customer will be assigned to the Affiliate whose Affiliate Link is identified by the tracking cookie stored by the web browser used by the Referred Customer to sign up.
   6. We are not responsible for tracking cookies that have been either intentionally or unintentionally deleted. No Commission will be paid for tracking errors of any kind, including, without limitation, any tracking errors caused by an Affiliate's editing, masking, or tampering with an Affiliate Link.
   7. Commissions shall only be paid when the balance of all Commissions due is greater than or equal to $200.00.
   8. We are not responsible for lost, stolen, or misdirected Commission payments.
   9. You are solely responsible for all tax obligations due to all taxing authorities arising from or in connection with your participation in our Program. Levamo will not withhold any taxes of any kind from your Commissions.

7. AFFILIATE CODE OF CONDUCT

   You agree to abide by the highest standards of ethics and professionalism. Without limiting the generality of the foregoing, your and/or your Promotional Content shall not, in connection with the Program:

   1. Misrepresent any of our Services in any way, including its prices, plans, discounts, or functionality;
   2. Offer or provide any warranties, guarantees, incentives, rewards, or indemnities, except as set forth in our Terms of Service or approved in writing by us;
   3. Disparage us and our representatives, the Services, or the Program;
   4. Use any illegal or spam method of advertising;
   5. Compete or interfere with our direct advertising efforts. From time to time, we may opt to engage in direct online advertising. You shall not place advertisements targeting, advertising, or displaying our trademarks or service marks. This means, among other things, that you shall not bid (in regards to online advertising, including but not limited to Pay per Click or Pay per Impression campaigns) on any keywords or phrases containing Levamo trademarks, service marks, registered trademarks, or registered URLs, or on any variations, abbreviations, or misspellings of the same;
   6. Refer traffic to our Services through any pay to read, pay to click, banner exchanges, click exchanges, Pay per Click advertising, pop-up/under, press releases, or similar methods;
   7. Use iframes or any other techniques or technology to add your tracking cookie to a referral by any means other than an actual click-through;
   8. Use link cloaking, or masking techniques or technology, with the goal of promoting Levamo on websites and/or networks not explicitly mentioned in your Account;
   9. Display our Websites, domains, logos or trade names, or any variation, abbreviation, or misspelling thereof in any domain or subdomain name, social media profile, or as part of the name or description of any other online or offline presence. For the purpose of ensuring clarity, it is acceptable for "Levamo" or "Rapyd Cloud" to appear in the path portion of a URL of a page on an Affiliate Website. For example, "affiliate-website-domain[.]com[/]levamo-review" is acceptable (including "Levamo" in the path portion of the URL), but "levamo-review-site[.]com" is not acceptable (including "Levamo" or "Rapyd Cloud" in the domain);
   10. Promote non-existing Levamo discounts, or refer to any discount offered by us on an ongoing basis as coupon codes, deals, seasonal discounts, or exclusive discounts;
   11. Place links to the Services or refer to the Services in any way on coupon websites;
   12. Place an affiliate link directly on a third-party social network or content hosting platform. You are not prohibited from placing affiliate links on video streaming platforms and open-source code repositories;
   13. Promote the Services as part of any incentivized programs or any other third-party schemes where special incentives (e.g., rewards, discounts, cashback, etc.) are offered in order to attract and retain customers; or
   14. Self-refer or refer yourself in any fashion. This includes referral of any operation or website in which you have a controlling, proprietary, or equitable interest. Any referral where payment is made utilizing a form of payment controlled by or belonging to you shall be considered a violation of this Affiliate Program Policy.

8. MALICIOUS ACTIVITY

   1. You agree not to engage in, attempt to engage in, or encourage or assist others to engage in any Malicious Activity while participating in the Program. "Malicious Activity" means any of the following alone or in combination:
      1. use, display, mirror, or frame the Services or any individual element within the Services;
      2. access or tamper with non-public areas of the Program, Levamo, or its Services;
      3. test the vulnerability of any Levamo system or our Services or breach any security or authentication measures;
      4. circumvent any measure implemented by us or any third party to protect the Services;
      5. copy, modify, decompile, disassemble, reverse engineer, tamper with, or attempt to derive the source code of any part of the Services;
      6. interrupt, damage, destroy, or limit the functionality of the Services; or
      7. host, upload, or in any way transmit malware, viruses, or any other malicious code or activity.
   2. You agree to cooperate with us to promptly isolate, mitigate, and eliminate any Malicious Activity and take appropriate corrective action.

9. AUDIT AND INSPECTION

   1. We reserve the right to request from you information, documents, data, personnel, and other materials regarding your Affiliate Websites and Promotional Content. You are required to provide complete, accurate, truthful, and detailed information to Levamo upon request.

10. TERMINATION

    1. We may, in our sole discretion, terminate the Program and/or Affiliate Program Policy at any time without formal notice. You may terminate this Affiliate Program Policy at any time by providing us written notice to Levamo. The Termination clause in Terms of Service applies to this Affiliate Program Policy.
    2. Upon termination, (a) you will (i) immediately cease all use of Levamo Content, including our logos, marks, banners, images, content, trademarks, and software, (ii) remove and return or destroy all of your Promotional Content, and (b) we shall have no further obligations to you under this Affiliate Program Policy, including the payment of any pending or prior earned Commissions.

11. CONTACT INFORMATION

    1. The Services are owned and operated by Levamo LLC, with business address at 400 Executive Center Drive, Suite 208, West Palm Beach, FL 33401, USA. You may contact us by sending correspondence to the foregoing address or by emailing us at [email protected].