Similar to affiliate programs at other established companies, Affiliates who successfully onboard a user to join Cyan with a valid Affiliate link provided under this Affiliate Program, will start to earn a share of the platform fees based on revenues generated. Once referred to the site, if a user completes a Buy Now Pay Later ("BNPL") or Pawn plan, the Affiliate receives commissions ("Commissions") based on the total revenue generated by the user on the terms below and per the terms, the Affiliate will be required to sign up with a supported cryptocurrency wallet.
User A signs into Cyan through an Affiliate's link, and executes a BNPL plan on an NFT worth 30 ETH, with 10% interest and 1% platform fee. The downpayment amount is 8.325 ETH, of which 0.075 ETH is the platform fee. The current Affiliate Program revenue share percentage is 50%, so the Affiliate would earn 0.0375 ETH, which is immediately accumulated.
As User A makes payments on the above-executed plan through monthly repayments, the Affiliate will continue to collect the 0.0375 ETH on every successfully made payment. If User A defaults on their plan, the expected earnings will drop to zero and revenues would no longer accumulate from this plan.
This Affiliate Program Service Agreement (“Services Agreement”) sets forth the terms and conditions of your use of the Cyan Affiliate Program (“Affiliate Program”) and serves to supplement the Registration Agreement (“Agreement”) between you and Cyan. In this Agreement “you”, “your”, or “referrer” refer to you or any agent, contractor, employee, servant, or person authorized to act on your behalf. “We”, “us” and “our” refer to Cyan.
This Services Agreement explains our obligations to you and explains your obligations to us for the Affiliate Program offered by Cyan. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Cyan service(s) or products, this Services Agreement covers such service or actions.
Anyone located in or resident of any Restricted Jurisdiction is prohibited from:
- acting as a referral of the Platform;
- making any referrals as an affiliate to the Platform; and
- receiving any commission(s) otherwise due to a referral that is not located in or a resident of a Restricted Jurisdiction.
Anyone referred to the Platform by anyone located or resident in a Restricted Jurisdiction or by any other non-permitted referral will not receive any fee discount from Cyan.
The Cyan Affiliate Program allows you to provide a platform for advertising Cyan via your “website” or “publishing location” (such as an electronic newsletter or blog), thereby driving traffic to Cyan's website or website content, whereby you may earn a portion of the revenue generated (“Commission”) if a person that is not you or your Related Persons as defined below (“Visitor”) executes a Cyan product after being referred to the Cyan website from an internet hyperlink (“Link”) contained on your website or publishing location.
After being referred to the Cyan website from a Link contained on your website or publishing location, Visitors will be linked to the Affiliate's account. Should the Visitor click on another website or publishing location’s Link that is not controlled by you or Related Persons, or return to the Cyan website via another source-coded advertising Link, your Link will be overwritten and you will not receive a Commission for that Visitor’s account.
You are not eligible for a Commission on Buy Now Pay Later ("BNPL") or Pawn plans made by you or any Related Persons, your employees, agents, representatives, or contractors, as well as made from several accounts owned by the same person.
You are also not eligible for any Commission derived from any persons referred to Cyan’s platform relying on any materials, videos, content, deliverables, or work product owned by or licensed to Cyan (such as its research, blog, or social media materials) linked, published, used, exploited or posted on your web site or publishing location.
For purposes of this Services Agreement, “Related Persons” means:
- with respect to a natural person or individual:
- each other member of such individual’s Family (as defined below);
- any employee, agent, contractor, representative (including his/her Family) of such individual or such individual’s Family; or
- any person that is directly or indirectly controlled by, acting in concert, colluding with, under the influence, control, direction, or advice of such individual or one or more members of such individual’s Family.
For purposes of this Agreement, the “Family” of an individual includes (i) the individual, (ii) the individual’s spouse and former spouse (whether legally designated as spouse or otherwise), (iii) any other natural person who is related to the individual or the individual’s spouse within the second degree, and (iv) any other natural person who resides with such individual.
You acknowledge and agree that you shall not:
- Bid on terms in any search engine that mention Cyan, usecyan.com or any of its derivatives and misspellings, Cyan with keywords such as but not limited to “Cyan coupons”, “Cyan promos”, and “Cyan promotions”;
- Use any ® or ™ trademark or mark owned by or licensed to Cyan, ® or ™ trademark or mark owned by or licensed to Cyan with keywords or any misspellings in their domain names;
- Use usecyan.com as a display URL;
- Engage in activities that Cyan determines, in its sole discretion, to be harmful to its customers, employees, operations, or reputation; or
- Design or use your platform, website, or publishing location to market Cyan’s services or platform to any person whose enrolment with or use of Cyan’s platform would violate Cyan’s Terms of Service.
You also acknowledge and agree that your website or publishing location shall not:
- Contain false, inaccurate, or misleading information about Cyan products and services;
- In any way copy or resemble the look and feel of Cyan’s website or website content nor create the impression that Your website or publishing location is part of Cyan’s network of websites;
- Engage in sending an unsolicited commercial email (“spam”) or indiscriminate advertising;
- Violate any applicable law such as data transfer, data privacy, data security laws, or any securities laws such as offering or promoting Cyan’s products and services in any jurisdiction in which they would be illegal or publishing or causing to be published any material that may be construed as an offer, solicitation, or recommendation to buy or sell securities or other investment products, or as investment, legal, financial or accounting advice;
- Advocate, promote, or encourage violence or discrimination against any person, organization, or governmental entity;
- Contain Links to websites containing any of the aforementioned content;
- Cause any account linkage to be made that is not in good faith (such as using any device, program, robot iframes, or hidden frames, use cookie stuffing techniques that set the tracking cookie without the user actually clicking on the referral Link, etc.); or
- State or imply that any of the information, content, or data contained in your website or publishing location represents or reflects any views, advice, or opinions of Cyan.
You acknowledge and agree that Cyan may terminate Services if you, your website, or your publishing location violates, as determined by Cyan in its sole discretion, any of the aforementioned restrictions or additional restrictions. Cyan also reserves the right to seek recovery of any or all Commission paid or payable to you or your Related Person and you hereby agree to such liability and repayment of such Commission if you, your website, or your publishing location violates, as determined by Cyan in its sole discretion, any of the aforementioned restrictions or additional restrictions.
Commissions under this Service Agreement will be paid to you based on a percentage of fees paid by referred users. An increase in your account’s percentage will not lead to retroactive payments. Payments are made upon actioning a claim by the Affiliate through the Cyan platform. Cyan will track all Commissions earned and may, at its sole discretion, decide not to pay any Commission to you should we believe that any referral has been made in violation of its guidelines, in any breach of this Services Agreement or Cyan’s Terms of Service due to Visitor, user or customer fraud, or due to Visitor, user or customer contract cancellation. It is your sole and absolute duty to follow precisely this Agreement and its guidelines at all times. Cyan is under no obligation whatsoever to pay any Commission to anyone who does not strictly follow this Services Agreement and its guidelines, as modified from time to time.
As a referral, we provide you with the Links necessary to promote Cyan products and services, which you may display in any area of your website or publishing location as you wish. The Links will identify your site as a member of our Affiliate Program and will establish a Link from your website or publishing location to ours. You acknowledge and agree it is your sole responsibility to indicate your correct unique referral or referral ID in the promo materials you use on your website or publishing location. You may promote the products and services that Cyan offers in any manner you choose unless it misleads Visitors about Cyan services.
Cyan will not be responsible for lost sales or lost opportunity to earn Commission due to any cause (such as technical difficulties or over-capacity including system overload) preventing Cyan from accepting payments, executing plans, or providing any other product or service to the Visitor. Cyan is also responsible for tracking referral sales and Commissions and providing this information to the referrer via the Affiliate Program modal available within Cyan's platform.
Under no circumstances shall we be liable for any direct, indirect, incidental, punitive, special, or consequential damages for any reason whatsoever related to this agreement, your use or inability to use our website(s), or the materials and content of the web site(s) or any other websites linked to such website(s) or your provision of any personally identifiable information to the backend service provider or any third party. This limitation applies regardless of whether the alleged liability is based on contract, tort, warranty, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damages or such damages were reasonably foreseeable. Because certain jurisdictions do not permit the limitation or elimination of liability for consequential or incidental damages, our liability in such jurisdictions shall be limited to the greatest extent permitted by law. If any provision of this limitation of liability is found to be unenforceable, only such provision shall be removed and the remainder shall be enforced to the greatest extent permitted by law.
With respect to Cyan, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to defend, release, indemnify, and hold such parties harmless from all liabilities, claims, and expenses, including attorney’s fees and court costs, for third party claims relating to or arising under this Services Agreement, the service(s) provided by Cyan, or your use of the service(s) provided by Cyan, including, without limitation, an infringement by you, or by anyone else using such service(s) we provide to you, of any intellectual property or other proprietary rights of any person or entity, or from the violation of any of our operating rules or policies relating to the service(s) provided. When we may be involved in a suit involving a third party and which is related to our service(s) to you under this Agreement, we may seek written assurances from you in which you promise to defend, indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of this Agreement by you. The terms of this paragraph will survive any termination or cancellation of the Agreement.
You attest that you are of legal age to enter into this Services Agreement.
This Services Agreement, the referenced agreements, together with all modifications, constitute the complete and exclusive agreement between you and Cyan and supersede and govern all prior proposals, agreements, or other communications. This Services Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of Cyan.
Nothing contained in this Services Agreement shall be construed as creating any agency, partnership, employment of any type, or other forms of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance, or otherwise.
The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of this Services Agreement shall be unenforceable or invalid under any applicable law or be so held by an applicable court decision, such unenforceability or invalidity shall not render this Services Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Except as otherwise set forth herein, your rights under this Services Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Services Agreement, whether by attachment, levy, garnishment, or otherwise, renders this Services Agreement voidable.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labour strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Cyan, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Cyan may immediately terminate this Services Agreement.
The section headings appearing in this Services Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section. You agree Cyan can modify this Services Agreement anytime and you agree to be bound by any changes. All Rights Reserved.
Updated 7 months ago