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Publisher Network Terms of Use Agreement

Please read these terms and conditions carefully to ensure that you understand them, as these terms form a legally binding contract between you and Fintel Connect (the “Agreement”).

By registering for the Fintel Connect Publisher Network, you are deemed by us to have understood and accepted these terms. Additionally, by accessing and utilizing any of Fintel Connect’s marketing tools (the “Marketing Tools”) or accepting any reward, bonus or commission, whether contained in this Agreement or elsewhere on the Fintel Connect website, you have agreed to be bound by all of terms and conditions set out in this Agreement.

In these terms, Fintel Connect is referred to as “we”, “us”, “our”, “Fintel Connect” or “FC”; any company that has contracted with Fintel Connect to promote their website or product is referred to as the “Merchant”; and a Publisher is referred to as “you” or “Publisher”.

Fintel Connect may modify any and/or all of the terms and conditions set forth in this Agreement by posting the modified Terms of Use on its website at: https://www.fintelconnect.com (the “Fintel Connect Website”) and by notifying the Publishers of the modifications by email notice.

IF YOU DO NOT AGREE WITH ANY MODIFICATIONS TO THE TERMS, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF NEW TERMS AND CONDITIONS WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGES.

  1. DEFINITIONS

    1. “Publisher ID” – the Publisher identification supplied by Fintel Connect for use in the Publisher Program;
    2. “Publisher Website” – the website(s) controlled and/or operated by the Publisher, together with any Publisher co-branded website(s);
    3. “Network Website” – the Fintel Connect Website;
    4. “Applicant” – an individual or entity who applies to become a Publisher;
    5. “Confidential Information” – i) information marked as “confidential” by the disclosing party; or ii) information which a reasonable person would identify as “confidential” by the nature of its content;
    6. “Creatives” – Marketing material used to generate transactions;
    7. “Drive by Installation” – a program that is downloaded or installed without the Consumer requesting such download or installation;
    8. “Merchant Insolvency Event” – A Merchant Insolvency Event occurs when: a) Merchant ceases to carry on its business or any material part thereof; or b) Merchant suspends or discontinues its business, liquidates or sells all its assets or a substantial part thereof in connection with an insolvency related event, makes an assignment for the benefit of its creditors, becomes, or admits in writing that it is unable to pay its debts as they mature or becomes insolvent; or c) any bankruptcy, reorganization, moratorium, insolvency or similar proceedings for the relief of financially distressed debtors are instituted by or against Merchant; or d) a receiver, liquidator or other third party is appointed over Merchant’s assets or business; or e) winding-up, dissolution or liquidation (judicial or non-judicial) proceedings are initiated by Merchant;
    9. “Merchant Material” – Merchant’s Creatives, trade name, website name and other related material;
    10. “Merchant Program” – A Merchant’s affiliate program and online marketing system, offered through Fintel Connect;
    11. “Merchant Website” – The website(s) controlled and/or operated by any Merchant that is referenced in the Publisher Program;
    12. “Link(s)” – any interface screens, banner ads, widgets, product feeds or hypertext links linking one webpage to another webpage;
    13. “ParasiteWare” and “Parasitic Marketing” – an application that (a) through accidental or direct intent causes the overwriting of publisher and non publisher commission tracking cookies through any other means than a customer initiated click on a Qualifying Link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot, Bing and similar search or directory engines); (c) set commission tracking cookies through loading of Merchant site in IFrames, hidden links and automatic pop ups that open the Merchant site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Publisher banners with any other banners, other than those that are on web sites 100% owned by the owner of the application;
    14. “Visitors” – Any user of the Publisher Website whom the Publisher directs or attempts to direct to any Merchant Website.
  2. ENROLLMENT

    1. To begin the enrollment process to become a Publisher in the Fintel Connect Publisher Network, you must read this Agreement and then submit an application on the Network Website.
    2. Fintel Connect will evaluate your application and then notify you as to whether or not your application is accepted. Fintel Connect reserves the right to accept or reject your application for any reason.
    3. Fintel Connect will reject your application if we determine, in our sole discretion, that your website is unsuitable for any reason, including, but not limited to, websites that are under construction, improperly aimed at children, promote violence, promote discrimination in any form including discrimination based on religion, race, sex, nationality, disability, sexual orientation or age, promote illegal activities or violate intellectual property rights.
    4. Once you are accepted into the Fintel Connect Publisher Network, you must then apply to individual Merchant Programs in order to be accepted as a Publisher. Acceptance into the Fintel Connect Publisher Network does not mean that you become a Publisher of any Merchant Programs.
    5. By checking the box below, you are agreeing to accept the terms laid out in this Agreement. If you are applying to participate in the Fintel Connect Publisher Network on behalf of a company or another entity, you warrant that you have the authority to bind that company to the terms of this Agreement. You warrant that you are over the age of 18. If you are not willing to be bound by this Agreement, you should not apply to join the Fintel Connect Publisher Network.
  3. OBLIGATIONS OF THE PUBLISHER

    1. The Publisher must provide true and complete information to Fintel Connect when applying and/or registering for the Fintel Connect Publisher Program and must promptly update any information if and when it changes.
    2. The Publisher must display Fintel Connect Creatives as a Link to direct Visitors from the Publisher’s Platform to Merchant Website(s) using distinct URLs supplied by Fintel Connect exclusively for linking. For the purposes of this subclause, Publisher Platform includes, but is not limited to, Publisher Website, social media profile(s), newsletter, telephone, mobile and television.
    3. Publisher must cooperate fully with Fintel Connect in order to establish and maintain the Links between the Publisher Website and the Fintel Connect Website and the Merchant Website. The graphics and/or text associated with the Links to the Fintel Connect Website and the Merchant Website will be updated periodically and it is the Publisher’s responsibility to update the Publisher Website accordingly.
    4. Publisher may not modify, impair, disable or otherwise interfere with any tracking codes and/or other technology required by Fintel Connect in order to ensure proper tracking.
    5. The Merchant’s Creatives shall be displayed prominently on the Publisher Website, and if the Publisher displays or makes accessible to Visitors any descriptive information regarding any vendors whose Creatives are displayed on the Publisher Website, the Publisher shall, subject to Fintel Connect’s written approval of the content thereof, include similar descriptive information regarding the Merchant’s Website(s).
    6. To the extent that database or copyright licenses are required to use the data and/or information appearing on the Publisher Website(s), the Publisher must, at all times, have in place all licenses required to use such data and/or information.
    7. The Publisher must not take any action that could reasonably confuse any Visitor as to the Publisher’s relationship with the Merchant and/or Fintel Connect.
    8. Publisher agrees to provide necessary individual and/or business information for Merchant tax purposes, whether Merchant is located in the same or a different country than Publisher.
  4. GRANT OF RIGHTS

    1. Fintel Connect and Merchant(s) grant to the Publisher the non-exclusive, non-transferable, non-assignable (except as provided below) rights, during the term of this Agreement to use the Fintel Connect Creatives and the Merchant Material on the Publisher Website for the purposes outlined in this Agreement.
    2. Fintel Connect and Merchant(s) authorize the Publisher to advertise and promote their respective products and/or promotional material provided that the copyrights of promotions may not be modified or misrepresented by the Publisher.
    3. Fintel Connect and Merchant(s) additionally authorize Publisher to refer, in Publisher’s advertising and promotions, to the fact that Fintel Connect and Merchant Websites are accessible through the Publisher Website provided that any such statement does not:
      1. Include any trademarks, service marks, design marks, symbols and/or other indication of origin of Fintel Connect or Merchant, other than Fintel Connect or Merchant Website name(s) in a non-distinctive typeface (specifically not the typeface used in the logo design of any Fintel Connect or Merchant mark);
      2. State, suggest, or imply, by the wording or prominence of such statement or otherwise, that Fintel Connect or Merchant sponsors, authorizes and/or is the source of origin of the Publisher Website;
      3. Disparage Fintel Connect or Merchant, its products, services or other Publishers.
    4. Any use of the Fintel Connect or Merchant Materials shall inure to the benefit of Fintel Connect and/or Merchant and shall not create any rights, title or interest in them for Publisher.
    5. Fintel Connect and Merchant own, and shall continue to own exclusively, all right, title and interest in and to their respective Materials and all names, trademarks, service marks, design marks, symbols and/or indicia of origin therein throughout the world and in perpetuity, subject only to the permissions granted in this Agreement.
    6. Publisher grants Fintel Connect the right to monitor the Publisher Website in order to ensure the Publisher’s compliance with the terms in this Agreement.
    7. Fintel Connect shall have the right to demand changes to the Publisher Website, if Fintel Connect determines that Publisher is not in compliance with the terms of this Agreement or Merchant Terms and Conditions and reserves the right to terminate this Agreement should any Publisher fail to comply with said Agreement(s).
    8. Fintel Connect shall have the right to remove Links after termination of this Agreement and/or to modify or replace any expired promotional Links with alternate Links.
    9. Publisher grants Fintel Connect the right to utilize any trademarks, service marks, trade names and/or copyrighted material that the Publisher provides to Fintel Connect through the Publisher Program. Fintel Connect will, however, seek permission from Publisher before publishing Publisher’s name or logo on the Fintel Connect Website or on other Marketing Materials.
  5. INTELLECTUAL PROPERTY, SPAM, TRACKING CODES AND COOKIES

    1. Publishers must not “spam” and/or use unsolicited email tactics. If Fintel Connect reasonably believes that a Publisher is knowingly sending spam and/or unsolicited email, Fintel Connect, may, in its sole discretion, immediately terminate such Publisher’s participation in the Fintel Connect Publisher Network.
    2. Each Publisher is responsible for the quality and origin of the traffic that it provides to the Merchant’s Website. The Publisher will always remain responsible for the quality and origin of that traffic. If a Publisher knowingly sends traffic of a questionable quality and/or origin to a Merchant, Fintel Connect may, in its sole discretion, immediately terminate such Publisher’s participation in the Fintel Connect Publisher Network.
    3. Publisher may not transmit any so-called “interstitials,” “ParasiteWare,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations/Add-ons,” “Shopping Wallets” or “Deceptive Pop- ups/unders” to Consumers from the time the Consumer clicks on a Qualifying Link until such time as the Consumer has fully exited a Merchant’s site (i.e. no page from Merchant’s site or any Merchant content or branding is visible on the Consumer’s screen. Any violation of this subclause may result in Fintel Connect, at its sole discretion, terminating Publisher’s participation in the Fintel Connect Publisher Network.
    4. Publisher may not initiate or cause in any way a “Drive by Installation” on a Visitor’s computer. Any violation of this subclause may result in Fintel Connect, at its sole discretion, terminating Publisher’s participation in the Fintel Connect Publisher Network.
    5. Publisher may not automatically set tracking cookies on the Visitor’s computer in any way (i.e. only direct clicks on a Qualifying Link by a site visitor may be used as a way to initiate the creation or overwriting of a tracking cookie). Any violation of this subclause may result in Fintel Connect, at its sole discretion, terminating Publisher’s participation in the Fintel Connect Publisher Network.
    6. Publisher may not use pop-ups/unders to set or overwrite a commission tracking cookie, deceive the Visitor or redirect the Visitor from a Merchant Website at any time or for any purpose. Pop-ups/unders must be free of any kind of link. Any violation of this subclause may result in Fintel Connect, at its sole discretion, terminating Publisher’s participation in the Fintel Connect Publisher Network.
    7. If a Publisher accidentally or unknowingly directs traffic of a questionable quality and/or origin to a Merchant’s Website, Fintel Connect may issue a written warning to Publisher, notifying the Publisher of the questionable traffic. If, after one (1) written warning the Publisher still directs traffic of a questionable quality and/or origin to a Merchant’s Website, Fintel Connect may, in its sole discretion, immediately terminate such Publisher’s participation in the Fintel Connect Publisher Network.
    8. If any Merchant incurs expenses as a result of a Publisher’s spamming activity, these expenses will be deducted from the Publisher account with proper documentation of such expenses from Merchant to Fintel Connect. Should a Publisher not have sufficient funds in its Publisher account to pay for such expenses, Fintel Connect reserves the right to invoice the Publisher to cover such expenses and, if necessary, to file a claim for any such unpaid expenses.
    9. Publishers are not permitted to copy any other Publisher’s website. Fintel Connect reserves the right to suspend and/or terminate a Publisher’s participation in the Fintel Connect Publisher Network if they are found to have copied another Publisher’s website.
    10. Fintel Connect is not responsible if Merchant or Publisher modifies Fintel Connect supplied tracking codes. Merchant and Publisher are solely responsible for ensuring that Fintel Connect tracking codes are not tampered with, altered or impaired in any way.
    11. Publishers will comply with all applicable legislation and/or regulations relating to the use of cookies and will use all necessary notification procedures regarding the use of cookies to all Visitors.
    12. Fintel Connect is not responsible for:
      1. Publishers who modify the tracking code provided by the Fintel Connect system. Any modification to the tracking code may result in a Publisher’s traffic not being tracked correctly and subsequently errors in the calculation of commissions;
      2. Publishers who do not comply with relevant privacy and/or electronic communications acts or directives in their country of operation. Failure to comply with any such act could result in penalties to Publisher and Fintel Connect specifically disclaims any liability for any such penalty.

  6. CONFIDENTIAL INFORMATION AND RECEIPT OF INFORMATION

    1. Fintel Connect shall treat all information submitted by Publisher as confidential, except as otherwise provided within this Agreement.
    2. Publisher shall keep all information disclosed to it by Fintel Connect relating to Fintel Connect’s business as confidential unless one of the exceptions stated in clause 6.3 applies.
    3. The confidentiality obligations of either party shall not apply to the following information:
      1. Any information which comes into the recipient party’s possession (from someone other than the disclosing party) with no obligation of confidentiality attached;
      2. Any information which is disclosed with the prior approval of the disclosing party; or
      3. Information which is either in the public domain or comes into the public domain through no act or omission of the party receiving the confidential information.
    4. Publisher expressly understands that by signing up to the Fintel Connect Publisher Network, Publisher agrees to receive material from Fintel Connect via email, telephone, instant messenger platforms, Facebook, LinkedIn, Twitter or other social media platforms, regular post and/or Fintel Connect’s internal communication systems. Messages may include system maintenance information, promotional offers and/or Merchant news.
    5. Publisher may opt out of receiving marketing communications from Fintel Connect; however, neither Fintel Connect nor Merchant will be held responsible for any damage that may occur due to Publisher opting out of receiving Fintel Connect communications.
    6. Publisher agrees that by joining a Merchant Program, Fintel Connect will send to that Merchant reports which may identify the Publisher and may include data regarding the Publisher and the Publisher’s Links and how traffic was sent to the Merchant’s e-commerce platform, including, but not limited to, referring URL, IP address and Publisher custom information in the tracking pixel.
    7. If Fintel Connect receives notification from a Merchant that a Publisher’s information is incorrect or otherwise requires adjustment, Fintel Connect reserves the right to make any changes to Publisher’s account or report. Publisher expressly consents to allowing Fintel Connect to make any such adjustment, even if such an adjustment modifies the amount of compensation received by Publisher.
    8. Publisher acknowledges that Fintel Connect relies on data provided by Merchants in order to perform its services. Fintel Connect is not obligated to confirm and does not warrant or guarantee the accuracy, truth or completeness of any data provided by Merchants.
    9. In the case of a perceived Merchant tracking error, Publisher agrees to promptly report any such error to Fintel Connect or Merchant, in writing, within ten (10) business days. Publisher agrees to then make all reasonable efforts to resolve any such dispute with Merchant. Publisher agrees that Fintel Connect shall have no obligations and incur no liability with respect to any such dispute.
    10. Merchant is responsible, in its sole discretion, for approving any and all transactions in the Merchant Program and reserves the right to decline a transaction if it deems said transaction unsuitable.
  7. TERM AND TERMINATION

    1. This Agreement shall take effect from when the Publisher accepts the terms of the Agreement and shall continue until terminated in accordance with the provisions of this clause 7.
    2. Publisher may terminate this Agreement, with or without cause, immediately on written notice provided to Fintel Connect and sent by email.
    3. Fintel Connect may terminate this Agreement, with or without cause, immediately on written notice provided to the Publisher and sent by email.
    4. If a Publisher does not generate any registrations for Merchants for greater than a twelve (12) month period, Fintel Connect may terminate this Agreement with or without notice to Publisher.
    5. Fintel Connect may suspend or terminate a Publisher’s participation in the Fintel Connect Publisher Network in order to investigate any activities of the Publisher that may be in breach of this Agreement. Payment to a Publisher during a period of suspension will also be suspended.
    6. Upon termination:
      1. Publisher must remove the Fintel Connect and/or Merchant Creatives from the Publisher Website and disable any Links to the Merchant Website or the Fintel Connect Website;
      2. All rights and licenses given to Publisher pursuant to this Agreement shall immediately terminate;
      3. Publisher will be entitled only to unpaid fees, if any, earned by Publisher prior to the date of termination. Publisher will not be entitled to any fees earned after the date of termination;
      4. If Publisher has violated any of the terms in this Agreement, Fintel Connect reserves the right to withhold any fees owed;
      5. Publisher must return any Confidential Information to Fintel Connect and cease to use any trademarks, trade names, service marks and/or logos of Merchants; and
      6. Both parties will be released of any and all obligations to each other occurring on or after the date of such termination, except with respect to those obligations which, by their nature, are designed to survive termination. Termination will not relieve Publisher of liability for any breach of this Agreement.
    7. In the event of a Merchant Insolvency Event, if Merchant has not remunerated Fintel Connect for its services, Fintel Connect reserves the right to retain any funds received from Merchant to compensate for Fintel Connect services, prior to any distribution of Publisher payments, if any.
  8. PAYMENT OF COMMISSIONS

    1. Commissions are issued monthly by the 15th calendar day of the month.
    2. Commissions generated across all Merchant Programs in the Fintel Connect Publisher Network are consolidated and paid once the minimum monthly threshold of the Publisher’s chosen payment method is reached. This minimum monthly threshold is the following:
      • Wire transfer: CAN $500 / USD $500
      • Cheque: CAN $75 / USD $60
      • PayPal: CAD $25 / USD $20
    3. Publishers must select their payment method during the registration process. Updating said payment information can be done by logging in to their Publisher account and updating the “Payment Details” section from the “Account” menu.
    4. The account information displayed in the Fintel Connect Publisher Network is final and no other tracking or commission reporting will be used to determine the commission owed to Publishers.
    5. Merchant is responsible to ensure that all commissions are paid to Publishers. Fintel Connect will pay commissions to Publishers if and when it has received funds from the Merchant. Any unpaid balance will be rolled over until the next month until such time as the Merchant sends the balance of funds to Fintel Connect.
    6. Fintel Connect is not responsible for any Merchant defaulting on their payment obligations. Publisher payment is solely the responsibility of Merchant.
    7. Publisher will only begin to accrue commissions in his/her account once Merchant approves the transactions and commissions earned by Publisher.
    8. Any exchange rates are based on the prevailing Bank of Canada rate on the date that Publisher requests payment.
    9. Fintel Connect reserves the right to withhold any fees that have been generated as a result of fraudulent or dishonest practices undertaken by the Publisher.
  9. LIMITATION OF LIABILITY

    1. Except as expressly provided herein, Fintel Connect does not warrant that the Fintel Connect Website or the Fintel Connect Publisher Network will perform in the manner expected or without interruption, error or defect, or that any revenue to Publisher will result from the activities contemplated in this Agreement. Except as expressly set forth in this Agreement, Fintel Connect makes no warranty of any kind, express or implied, including warranties of fitness for a particular purpose or merchantability.
    2. Publisher acknowledges that Fintel Connect does not advocate or endorse the purchase or the use of any services offered by Merchant through Merchant Websites or through Merchants’ software, nor does it guarantee the quality, fitness, or results of any such service or Merchants’ compliance with any laws and/or regulations.
    3. Fintel Connect will not be liable to Publisher (nor to any other person or third party) for incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including, but not limited to, lost revenue or profits, loss of business, or loss of data, arising out of this Agreement, regardless of whether Fintel Connect was advised or had other reason to know of the possibility thereof.
    4. It is Publisher’s sole responsibility to declare any taxes (including GST) from Publisher’s profits according to their home country’s regulations. 
    5. It is solely the responsibility of Merchant to pay Publishers and Fintel Connect is not responsible for the actions or inactions of Merchants with regard to payment. Any dispute regarding commission payments is solely between Merchant and Publisher, and Fintel Connect remains an uninterested third party to any such dispute.
  10. INDEMNITY

    1. Publisher agrees to release, indemnify, and hold Fintel Connect, its contractors, agents, servants, employees, shareholders, officers, directors, legal representatives and third party beneficiaries harmless from all liabilities, damages, claims of third parties and expenses (including attorney’s fees) relating to or arising under this Agreement and in connection with:
      1. Publisher’s use of the Fintel Connect Publisher Network, including, but not limited to, Publisher, or someone under the control of Publisher’s misuse of any intellectual property or breach of other proprietary right of any third party;
      2. The breach or non-compliance of Publisher of any laws and/or regulations; or
      3. Any fraud, misrepresentation or other dishonest behavior by Publisher.
  11. MISCELLANEOUS

    1. Assignment: Publisher may not assign this Agreement or any of the rights contained herein or delegate any of its duties under this Agreement, without the express written consent of Fintel Connect. Any purported assignment or delegation without such required consent shall be null and void.
    2. Notice: Any notice, request or other communication hereunder in connection with this Agreement must be e-mailed to the other party. Notice to Fintel Connect should be mailed through the Fintel Connect Website, while notice to Publisher must be through the email address the Publisher supplies upon registration.
    3. Relationship of Parties: Fintel Connect and Publisher are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Publisher agrees not to make any statement that could reasonably cause any confusion as to the relationship between Publisher and Fintel Connect.
    4. Severability: Each party agrees that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
    5. Governing Law: This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein. Publisher irrevocably consents to the jurisdiction of the courts of British Columbia, district of Vancouver.