MENTRA.GG – AFFILIATE MARKETING PROGRAM POLICY
EFFECTIVE DATE: August 30, 2024
DATE OF LATEST UPDATE: August 30, 2024
INTRODUCTION
MSS Mentra Services & Solutions Ltd, a limited liability company organized pursuant to the laws of the Republic of Cyprus, owns, manages and operates the website www.mentra.gg and its corresponding web and mobile applications (collectively referred to as the “Platform”).
The Platform is intended to facilitate the sale, transfer and purchase of digital products, such as intellectual property, software and digital currencies.
The Platform serves as an online marketplace for digital products. Sellers may offer for sale and sell digital products on the Platform, provided the digital products offered for sale comply with the Platform’s Terms of Service, and are not prohibited. Buyers may purchase any such digital products offered for sale on the Platform by placing an Order and paying the corresponding fee.
MSS Mentra Services & Solutions Ltd is seeking to expand its activities and increase the number of users registered on the Platform. In furtherance of these objectives, MSS Mentra Services & Solutions Ltd established an Affiliate Marketing Program, whereby registered users on the Platform may refer users to the Platform, in exchange for a commission. The present Affiliate Marketing Program Policy sets forth the terms upon which Users may promote and market the Platform, secure sales for the Platform, receive a commission and the handling thereof. All matters relating to the Platform’s Affiliate Marketing Program shall be handled in accordance with the present Affiliate Marketing Program Policy.
1. DEFINITIONS
The following capitalized terms, when used in this Affiliate Marketing Program Policy shall have the meanings set forth below, unless the context requires otherwise:
“Affiliate” shall refer to a User of the Platform, who has received approval to serve as an affiliate in connection with the Affiliate Marketing Program.
“Affiliate Marketing Program” shall refer to the affiliate marketing program established by the Company, whereby Affiliates market and promote the Platform to secure business and sales.
“Affiliate Marketing Program Policy” or “Policy” shall refer to the latest version of the present Affiliate Marketing Program Policy, as may be amended or updated by the Company from time to time.
“Buyers” shall refer to Users of the Platform engaging in the purchase of any one (1) or more Products on the Platform.
“Commission” shall refer to the commission payable by the Company to the Affiliate for securing and obtaining the Referred Users’ business.
“Company” shall refer to MSS Mentra Services & Solutions Ltd, a Cyprus company, whose registered address is located at Georgiou Karaiskaki 11-13, Carisa Salonica, Office 102, 7560 Pervolia, Larnaca, Republic of Cyprus. For reference purposes, the Company owns, manages and operates the Platform.
“Order” shall refer to an order for one (1) or more Products placed and paid by a Buyer via the Platform.
“Products” shall refer to all digital products listed as available for purchase and/or purchased on the Platform. Products may include, without limitation, intellectual property, digital currencies, digital items and software.
“Referred Users” shall refer to Users of the Platform, who were successfully referred by an Affiliate pursuant to the Affiliate Marketing Program.
“Sellers” shall refer to Users approved by the Company to sell Products on the Platform, and who hold a valid merchant account on the Platform.
“Terms of Service” shall refer to the latest version of the Platform’s Terms of Service, as may be amended or updated by the Company from time to time. The Terms of Service are published and accessible on the Platform.
“Users” shall refer to all users of the Platform, including both Buyers and Sellers, without distinction and “User” shall refer to an individual user of the Platform.
2. APPLICATION OF THE AFFILIATE MARKETING PROGRAM POLICY
The present Affiliate Marketing Program Policy is intended to be read in conjunction with the Platform’s Terms of Service. The Terms of Service provide an overview of the Buyers and the Sellers’ obligations, permitted and prohibited Products, the Company’s limited liability, disclaimers, and other provisions relating to the usage of the Platform. The Terms of Service shall remain applicable to Affiliates and the Affiliate Marketing Program.
For reference purposes, both the Terms of Service and this Policy are published and available for review on the Platform.
In case of any discrepancy or contradiction between the present Affiliate Marketing Program Policy and the Terms of Service, the present Affiliate Marketing Program Policy shall prevail with respect to Affiliates, the Affiliate Marketing Program and all related matters.
ELIGIBILITY
To be eligible to serve as an Affiliate for the Platform, the User shall be required to fulfill the following conditions:
The User has created a User account on the Platform, and has provided its name and contact information as part of its User account.
The User has the necessary power and authority to enter into and perform all obligations assigned to Affiliates pursuant to this Affiliate Marketing Program Policy.
The User is not bound by any agreement, order, or judgment which would be breached by the performance the obligations assigned to Affiliates pursuant to this Affiliate Marketing Program Policy.
The User has read and understood the Terms of Service and the Affiliate Marketing Program Policy, and agrees to abide by their terms.
The User has not previously entered into any agreement, similar arrangement or commitment (whether recorded in writing or verbally) with any person, institution, business, corporation or company that would impair the Platform’s growth and expansion and/or affect the Company’s interests or reputation.
Any User who engages in the Affiliate Marketing Program shall be referred to and construed as an Affiliate. Unless otherwise specified, a User shall not require the Company’s prior approval to serve as an Affiliate.
4. AFFILIATE MARKETING PROGRAM
The Affiliate Marketing Program shall consist of an Affiliate system, whereby Affiliates can create a link to refer and invite individuals to the Platform. The link shall be used by all Referred Users introduced to the Platform by the Affiliate when registering to the Platform and purchasing thereon.
The link created by the Affiliate shall constitute a tracking mechanism provided to the Affiliate, which the Affiliate lawfully created from the Company in accordance with the terms of this Affiliate Marketing Program Policy. Such link allows for the identification of the Affiliate in connection with such Referred Users. The Company shall be entitled to use the link to determine which Affiliate successfully referred the Referred Users for purposes of calculating the appropriate Commission payable to the Affiliate.
5. AFFILIATE’S OBLIGATIONS
The Affiliate shall be responsible for securing Referred Users to the Platform in exchange for the Commission set forth in the present Policy. The Affiliate shall be expected to promote the Platform and the Company to secure Referred Users. The Affiliate shall refer the Referred Users directly to the Platform. The Affiliate shall record, and track Referred Users through the Affiliate Marketing Program, using the appropriate links.
The Affiliate shall not engage in any conduct that may be detrimental for the Company, the Company’s reputation or the Platform’s operations.
The Affiliate shall accurately represent the nature and extent of the Platform to Referred Users and potential Referred Users and may not make any false or misleading claims regarding the Affiliate’s role. The Affiliate must notify Referred Users that the Affiliate is representing the Platform as an authorized affiliate.
Any representations and commitments made on behalf of the Company by the Affiliate to Referred Users shall not be binding unless approved in advance by the Company.
6. COMMISSIONS
6.1 Commissions Amounts and Duration
For purposes of this Policy, a Referred User shall be deemed successfully referred by the Affiliate if the Referred User uses the referral link provided by the Affiliate, which the Affiliate lawfully obtained from the Company in accordance with the terms of this Policy and allows for the identification of the Affiliate in connection with such Referred User.
6.1.1 Commission for Pro/Business Packages
The Affiliate shall be entitled to receive one hundred percent (100%) of all packages purchased by Referred Users during a three (3) month period. For interpretation purposes, packages shall refer to Pro/Business Packages.
6.1.2 Commission from Revenue
In the event that the Referred Users do not purchase a package, the Affiliate shall be entitled to a percentage of all revenue generated by such Referred Users. The percentage shall range between one percent (1%) to five percent (5%), at the Company’s discretion and determination. For interpretation purposes, the revenue shall consist of the gross revenue generated by the Company from its business activities as paid by the Referred Users referred by the Affiliate. The Commission generated from revenue shall be payable to the Affiliate during a three (3) month period.
6.2 Payment of Commissions
Provided the conditions set forth in this Affiliate Marketing Program Policy are met and the Affiliate is entitled to the Commission, the Commission shall be paid to the Affiliate for at most a three (3) month term. The Commission shall be paid by the Company to the Affiliate’s account balance on a monthly basis, on the first day of the month for a three (3) month term. The Affiliate may then request a payout of the Commission, by way of PayPal, bank transfer or cryptocurrency.
The Commissions can be combined together. As such, the Affiliate may be entitled to both a percentage of the revenue and the pro/business package purchased by Referred Users. The Company shall not deduct any fees or service charges from the Commission paid to the Affiliate.
6.3 Refund Requests and Chargebacks
The following circumstances shall not give rise to the payment of the Commission to the Affiliate:
(a) The Referred User initiates a free trial (only for such free trial), promotion (only for such promotional period), cancellation, dispute and/or refund request.
(b) The Referred User engages in conduct that contravenes any federal, state, local, or analogous laws or regulations or breaches the Terms of Service entered into by and between the Referred User and the Company.
(c) The Affiliate shall not be entitled to the Commission for any Referred User if the link used by the Referred User does not explicitly refer to the Affiliate.
If a Referred User submits a refund request or a chargeback with respect to the purchases made on or in connection with the Platform, and the Commission for such Referred User was paid to the Affiliate, the Company shall promptly remove the Commission from the Affiliate’s account. Accordingly, the Company shall be permitted to withdraw the Commission paid to the Affiliate under the following circumstances:
(a) A refund issued to the Referred User by the Company;
(b) A dispute or chargeback initiated by the Referred User in connection with fees paid on the Platform;
(c) The cancellation of an Order of any kind by the Referred User, with the Company's approval; or
(d) In accordance with a money-back guarantee issued by the Company.
Should it be determined that a restitution is necessary, the Company shall benefit from the right to adjust the subsequent payment of Commissions due to the Affiliate to compensate the Company for the amount subject to the restitution, or recover previously paid amounts to the Affiliate relating to such restitution. In the event of a chargeback following the payout of the Commission to the Affiliate by the Company, the Referred User's account shall display a negative balance, which shall be paid to the Company.
The decision to withdraw the Commission paid to the Affiliate shall be made at the sole discretion of the Company in accordance with applicable laws and regulations. The Affiliate shall cooperate fully with the Company in this process by providing all information requested. Accordingly, the Affiliate may be subject to an obligation to reimburse, return or otherwise remit payments as requested by the Company.
7. TAXES
The Affiliate shall be solely responsible for and will make proper and timely payment of any income or other taxes imposed on payments received hereunder, such as the Affiliate’s income taxes and self-employment tax, in accordance with applicable tax laws and regulations.
In the event that any law or regulation requires the Company to withhold taxes from the payments made to the Affiliate, the Company shall withhold such taxes as required by law and remit them to the appropriate tax authorities. The Affiliate shall not be entitled to claim any additional payment or compensation in connection with such withholding, as it will be considered fully compliant with the law and the terms of this Affiliate Marketing Program Policy.
8. PROHIBITED CONDUCT AND REMEDIES
The Affiliate understands that to participate in the Affiliate Marketing Program, the Affiliate’s conduct must be professional, truthful and compliant with the terms of this Policy. It shall be strictly prohibited for an Affiliate to create one (1) or more User accounts, either directly or indirectly, to artificially generate traffic for the Platform, or sales for the Platform.
The Affiliate may not create a new User Account after three (3) months to unlawfully obtain additional Commissions, which the Affiliate would not be entitled to. The Affiliate shall not independently create or use referral mechanisms for existing Referred Users. Fraudulent or unauthorized activities such as falsifying referrals and/or links are strictly prohibited.
Furthermore, the Affiliate is strictly prohibited from soliciting or otherwise requesting that Referred Users make referrals on the Affiliate’s behalf, in an effort to circumvent the terms of the present Affiliate Marketing Program Policy. Any such action by the Affiliate shall constitute a material breach. Further, the Affiliate may not circumvent this obligation by soliciting existing Users and/or Referred Users previously referred by the Affiliate to obtain additional Commissions.
Any breach by the Affiliate may give rise to the immediate termination of the Affiliate’s User Account and the Affiliate shall no longer be permitted to serve as an affiliate for the Platform. In addition, the Company reserves the right to impose the obligation to pay damages and repay all Commissions paid by the Company. Alternatively, the Company may suspend or remove credits held by the Affiliate in case of a breach by the Affiliate or for any reason deemed appropriate by the Company at its discretion.
9. UPDATES TO THIS AFFILIATE MARKETING PROGRAM POLICY
The Company may update this Affiliate Marketing Program Policy, without notice, to comply with applicable and evolving laws and regulations. Further, the Company may also update this Affiliate Marketing Program Policy, at any time, at its discretion, to reflect changes made to the Platform, its operations, and business.
The updated Affiliate Marketing Program Policy shall be published on the Platform, and shall specify the date of the latest update.
10. CUSTOMER SUPPORT
For any additional information, questions or comments, please contact the Company by email ([email protected]).