Updated February 8, 2024

1. Overview

  1. Tieriun ("Company"), operates the website www.tieriun.com. As part of its website, Tieriun offers the Affiliate Program (the "Program"), through which approved publishers, who provide marketing services through their own media or third-party websites, subscription services, promotional services, and/or syndicated services, are granted a limited, non-exclusive right to: (i) advertise and promote Tieriun's products and services and the Tieriun website in a manner that complies with this Agreement (defined below); (ii) publish or circulate an approved graphical or textual Internet hyperlink (the “Link”), which points to the Tieriun website and (iii) direct visitors to the website (to a specific URL) designated by Tieriun (the "destination site").

  2. Publishers are offered the opportunity to earn a commission for referring visitors to the Tieriun website who complete the required Transaction under the Program on Tieriun's destination site. The commission rate will be established within the Program Term and may be changed by Tieriun from time to time with seven (7) days' written notice, effective on the eighth day (or a later date specified by Tieriun). Payment of commissions earned by the publisher for valid Tieriun transactions will be made by Tieriun.

    1. Valid Tieriun transactions are defined as successful purchase transactions of qualifying products that are made in the Tieriun cart (shopping cart).

      1. The publisher is eligible to receive commissions only on the initial purchase of services; any additional or subsequent purchases, including the addition of accounts or upgrades by the customer, are not eligible. Renewals of existing services are not eligible for commissions;
      2. New customer transactions will be tracked separately from returning customer transactions and will be paid according to the commission amounts listed in the Program Terms;
      3. Services must remain open and paid for a period of 45 days to be eligible for commissions;
      4. Publishers are not eligible for commissions on Movo™ services, domain names, add-ons, service upgrades or downgrades, or pay-as-you-go services.

2. Approval

  1. Participation in the Program is subject to validation by Tieriun. Prospective publishers must first activate the affiliate account in the Control Center™ to become an approved publisher eligible to post links to the Tieriun website and earn commissions. Once the account is activated, Tieriun will have the option to reject the application for any reason or no reason.
  2. If approved, the publisher will have already accepted this Agreement by clicking the "Activate Affiliate Account" button, thereby accepting the Special Terms and Conditions of the Program (also referred to as this “Agreement”). This Agreement will apply only to approved publishers who accept the Special Terms and Conditions of the Program, and only publishers who accept this Agreement may participate in the Program.
  3. Other than the payment of commissions, the publisher shall not be entitled to any additional compensation, commissions, or business derived from or through a destination site.
  4. Participation in the Program does not constitute an employment relationship, commercial agent, or agency relationship between the publisher and Tieriun, nor does it create any partnership, joint venture, franchise, or sales representative relationship between the parties.

3. Advertising Requirements and Exclusions

  1. You agree to use only the Tieriun-approved banners and ad text found within the Program. You will not alter or revise Tieriun's creatives, content, or links without prior approval. Publishers must obtain express written authorization from Tieriun regarding the use of any custom creative or the use of any Tieriun intellectual property.
  2. You agree to use only coupon codes that are specifically provided to you through the Program. Any and all commissions earned on sales that violate the foregoing coupon code policy will be reversed. Tieriun does not pay commissions on purchases made by the customer with the following coupon codes: a coupon code not provided through the Program, an internal Tieriun coupon code or private discount code, a coupon code provided in Tieriun customer emails, and any coupon that states on its landing page that it is "not compatible with the affiliate program."
  3. You agree to assume all responsibility and risk associated with all content that you submit, transmit, email, upload, link to, display, disseminate, facilitate access to, or otherwise make available in connection with your participation in the Program. This includes any reliance on the accuracy, completeness, truthfulness, suitability, legality, or usefulness of such content. You warrant and represent that you own all legal rights or have obtained all necessary permissions to use all content you make available or use in connection with your participation in the Program.
  4. You agree that the use of "cookie stuffing" techniques that set the Tieriun tracking cookie without the user clicking on the affiliate link (e.g., a 1x1 pixel iframe) is strictly prohibited.
  5. You agree not to refer visitors or complete Transactions through illegal or fraudulent means, including but not limited to: (i) domain speculation; (ii) email, forum, blog, or social media SPAM; (iii) forced iframes; (iv) through CPC ads that use or exploit in any way the Tieriun brand; or (v) through any other means that Tieriun determines, in its sole discretion, to be questionable.
  6. You agree that your website will not copy or in any way resemble the look and feel of the Tieriun website, nor will it create the impression that your site is part of Tieriun's sites. You shall not use Tieriun's trademarks, or any variations or misspellings thereof, in your URL, company name, trade name, or site name. You shall not frame or permit the framing of any page of the Tieriun network.
  7. You may not use any Tieriun mark, or any variation thereof, in any manner not expressly authorized by this Agreement. In particular, you may not use any Tieriun mark, or any variation thereof, directly or indirectly in (a) "metatags", (b) in hidden text, page titles, or source code, (c) in your domain or subdomain, and/or (d) in any other manner. You may not design your site in such a way that it diverts internet traffic from the Tieriun website. You agree not to use, advertise, or otherwise promote any Tieriun mark in the title or description associated with pay-per-click search engines or paid search engine advertising. Unless you have explicit written approval from Tieriun, you may not bid on any Tieriun mark (including the trademark+) on any pay-per-click search engine. If Tieriun determines, in its sole discretion, that you have violated any of the foregoing prohibitions, Tieriun may pursue any and all available remedies, including, but not limited to, the immediate termination of this Agreement and/or the commencement of an action by Tieriun against you seeking, among other things, injunctive relief and/or recovery of actual, statutory, and/or punitive damages. Furthermore, you acknowledge and agree that you will not be entitled to receive commissions on any sales you generate or help to generate at any time you are in violation of this Agreement or other Tieriun policies.
  8. Publishers must comply with all Federal Trade Commission regulations related to advertising, including but not limited to the Federal Trade Commission 16 C.F.R. § 255, which, in part, requires that material connections between advertisers and endorsers be disclosed. Essentially, directories, blogs, and other websites, emails, or other collateral that purport to provide an endorsement or evaluation of Tieriun must prominently disclose the fact that financial or in-kind compensation is provided by the advertiser. If you would like more information, please visit the FTC website (https://www.ftc.gov/business-guidance/resources/ftcs-endorsement-guides-what-people-are-asking). Please note that the FTC guides and this summary of such information do not constitute legal advice. You should obtain legal advice on how the FTC guides apply to you.
  9. Furthermore, you agree to comply with all policies specified in the Affiliate Program Terms.

4. Term and Termination

  1. The term of this Agreement shall be continuous, unless and until either party properly terminates this Agreement and the relationship, in accordance with the following: (i) Tieriun shall provide the publisher with seven (7) days' prior written notice via electronic communication, except as provided in Section 4(B) below; or (ii) the publisher shall use the automated system within the Control Center™ to expire the affiliation and the publisher must comply with Sections 4(D)(v) and 4(D)(vi) below.
  2. Tieriun may terminate this Agreement immediately in the event that the publisher breaches this Agreement.
  3. Upon the termination of this Agreement, Tieriun and the publisher shall be released from all obligations and liabilities to the other party occurring or arising after the date of such termination or the transactions contemplated herein, except with respect to those obligations which by their nature are designed to survive termination or as provided herein, provided that such termination shall not relieve the publisher from any liability arising from any breach of this Agreement which occurred prior to termination.
  4. Upon the termination of this Agreement, (i) Tieriun's acceptance of additional referrals obtained through the publisher shall not constitute a continuation or renewal of this Agreement or a waiver of such termination, (ii) the publisher shall be entitled only to those unpaid commissions, if valid, earned on or before the date of termination, (iii) the publisher shall in no event be entitled to commissions with respect to any number of valid referrals delivered after the date of termination, (iv) all rights and licenses of the publisher hereunder shall immediately terminate, (v) the publisher shall cease using any trade names, trademarks, service marks, logos, and other designations of Tieriun or the Program, and (vi) the publisher shall remove all Tieriun links.

5. Additional Terms

  1. The provisions of this Agreement are severable. If any provision of this Agreement, or its application to any person or circumstance is held invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect the other provisions of this Agreement which can be given effect.
  2. No delay or failure by Tieriun in exercising any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right.
  3. Tieriun's rights and remedies are not mutually exclusive; that is, the exercise of one or more of the provisions hereof shall not preclude the exercise of any other provision hereof.
  4. This Agreement shall be deemed a mutual agreement and shall not be construed or interpreted for or against either party on the basis of the preparation of the Agreement.
  5. By clicking the “Activate Affiliate Account” button, you execute, agree to, enter into, and become a party to this Agreement, effective as of the date of your acceptance of this Agreement.
  6. Tieriun reserves the right to modify the terms and conditions of this Agreement in its sole discretion upon seven (7) days' prior written notice via electronic communication effective on the eighth day (or a later date specified by Tieriun) to the publisher. If any modification is unacceptable to the publisher, the publisher's only recourse is to terminate this Agreement by expiring the relationship and/or rejecting the new offered Program Term. The publisher's continued participation in the Program by accepting the new offered Program Term with new terms and conditions for this Agreement constitutes the publisher's binding acceptance of the change.
  7. This Agreement shall be governed by the laws of the State of Florida, U.S.A., except for its conflict of laws provisions. The exclusive forum for any action relating to this Agreement shall be the state courts of Miami-Dade County, Florida, and, to the extent the federal courts have exclusive jurisdiction, in Miami-Dade County, Florida. The publisher consents to such venue and jurisdiction.
  8. Official notices to Tieriun must be sent to:

    Tieriun, LLC
    4300 Biscayne Blvd
    Suite 203
    Miami, FL 33137

    9. BY ACTIVATING THE AFFILIATE PROGRAM, YOU REPRESENT THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT TO THE SAME EXTENT AS IF YOU HAD PERSONALLY SIGNED THIS AGREEMENT.