Go To Hear Affiliate Program Terms and Conditions
Go To Hear Affiliate Program Agreement
At Go To Hear we value our affiliates, and we do our utmost to treat each one with fairness and respect and ask you to treat us with the same consideration. The following affiliate agreement has been written with fairness in mind as well as to protect our company’s name.
Go To Hear (‘’we’’, ‘’us’’ or ‘’our’’) provides a digital membership site and services to a community of registered users (‘’users’’ or ‘’you’’).
Acceptance of Terms
- This is a legal agreement between you and Go To Hear.
- Please read the agreement in entirety.
By signing up to the Go to Hear affiliate algorithm you are agreeing to accept our terms and conditions in full and will be legally responsible to comply with and be bound by every term and condition listed. Please print a copy and keep for your records. We reserve the right to update or add to our terms and conditions at a later date.
If you have any questions, please don’t hesitate to contact us.
Modification of Terms
Go To Hear reserves the right to modify or replace the Terms at any time. If the alterations constitute a material change to the Terms Go To Hear will notify you by posting an announcement on the Go To Hear site.
As a condition of the Go To Hear Affiliate algorithm program you are required to open an account, create a password and username, and provide registration information.
The registration information you provide must be accurate, complete, and current at all times. Failure to comply with this condition constitutes a breach of the Terms, which may result in immediate termination as an affiliate.
- You are prohibited from using a username that is the name of another person/entity/ that is not lawfully available for use.
- You are prohibited from using a name or trademark subject to any rights of another person or entity without appropriate authorisation.
- You are responsible for maintaining the confidentiality of your password.
You are solely responsible for all activities resulting from the use of your password that are conducted through your Go To Hear affiliate account.
We reserve the right to cancel your affiliate status if we determine that you/your site is unsuitable for our Go To Hear affiliate program – for example if it:
- promotes violence
- promotes sexually explicit materials
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- promotes illegal activities
- incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law.
- is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion
- contains software downloads that potentially enable diversions of commission from other affiliates in our program
- you may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are gotohear.com
You must have express permission to use any person’s copyrighted material, whether it be writtencontent, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third-party rights.
Go To Hear Rights and Obligations
Go To Hear has the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our website are appropriate. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Go To Hear Affiliate Program.
Go To Hear reserves the right to terminate this Agreement and your participation in the Go To Hear Affiliate Program immediately and without notice to you should you commit fraud in your use of the Go To Hear Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Go To Hear shall not be liable to you for any commissions for such fraudulent sales.
This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
Either you or Go To Hear may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of an email.
In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
Go To Hear may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email.
Modifications may include, but are not limited to changes in the payment procedures and Go To Hear Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Go To Hear Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
Payments are likely to be made in our Go To Hear crypto tokens at an equivalent value to the $ payment.
Prohibited forms of advertising include:
- creating or transmitting unwanted ‘spam’ to any person or any URL;
- the use of unsolicited commercial email (UCE),
- postings to non-commercial newsgroups
- cross-posting to multiple newsgroups at once.
- advertising in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address.
- use of negative words such as ‘scam’ in any promotional campaign. If we find your advertisement, we will remove your affiliate account from our system.
- You may use mailings to customers to promote Go To Hear so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings.
- You may post to newsgroups to promote Go To Hear so long as the newsgroup specifically welcomes commercial messages.
At all times, you must clearly represent yourself and your websites as independent from gotohear.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Go To Hear Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
We reserve the right to expel any trademark violator from our affiliate program without prior notice.
Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited gotohear.com.
Grant of Licenses
You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Go To Hear Affiliate Program.
Go To Hear grant to you a non-exclusive, non-transferable, revocable right to
- access our site through HTML links solely in accordance with the terms of this Agreement
- (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose.
You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Go To Hear Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Go To Hear and the goodwill associated therewith is to the sole benefit of Go To Hear.
You agree not to use Go To Hear’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays us in a negative light. We reserve our rights in the proprietary materials covered by this license. We retain all right, title, and interest our rights and no right, title, or interest is transferred to you.
ERRORS AND OMISSIONS EXCEPTED. GO TO HEAR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING GO TO HEAR AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF GO TO HEAR, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
Representations and Warranties
You represent and warrant that:
- This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
- You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
- You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL GO TO HEAR CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless Go To Hear and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including legal fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on:
- any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party
- any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein
- any claim related to your site, including, without limitation, content therein not attributable to us.
You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Go To Hear. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
You may not amend or waive any provision of this Agreement unless in writing and signed by both parties