Terms and Conditions
These Terms and Conditions (the “Terms”) apply to participants in the UTunnel VPN Affiliate Program (the "Program").
These Terms explain how UTunnel VPN operates its Affiliate Program and the various ways that you are permitted to take part in this Program. Please read these Terms carefully before joining the Affiliate Program. By joining or taking part in the Program, you indicate that you accept these Terms and that you agree to abide by them. You will be required to confirm your participation when registering to join the Program at https://utunnel.tapfiliate.com/signup
1. What is UTunnel VPN, what are its Terms and Conditions and what is the Affiliate Program?
UTunnel VPN and the Affiliate Program are both operated by Secubytes LLC (“we”, “us”, or “our”).
If you have any questions regarding the Terms, you can contact us by email at firstname.lastname@example.org.
The purpose of the Program is to permit you to advertise our services on your website, in email or any other form of electronic marketing, and to receive a commission on services purchased by your referred individuals. Referral commission will be generated when a new customer, referred by an affiliate, purchases a subscription plan to use our services (i.e., a "Subscription"). This referral commission becomes valid when the invoice is marked as paid and approved.
2. Enrolment in the Affiliate Program
By joining our Affiliate Program, you confirm that:
- You are legally capable of entering into binding contracts.
- You will provide accurate and complete Registration Data and that you shall inform us of any changes in your Registration Data.
- If you are acting for an organization (such as a company or a partnership), you are authorized to enter into these Terms for and on behalf of that organization (in which case, references in these Terms to "you" are to that organization, and not you personally).
- You are not located in the following countries: Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo, Cuba, Democratic Republic of the Congo, Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Ghana, Guinea, Guinea-Bissau, Iran, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Myanmar, Namibia, Niger, Nigeria, North Korea, Republic of the Côte d'Ivoire, Russia, Rwanda, Senegal, Seychelles, Sierra Leone, Somalia, Sudan, Swaziland, Syria, Sγo Tomι and Prνncipe, Tanzania, The Gambia, Togo, Tunisia, Uganda, Ukraine, Vietnam, Zambia, Zimbabwe or any other country where international transactions are prohibited/restricted in accordance with international sanctions. This is because sending payments to these countries could cause legal trouble for Secubytes LLC.
- By accessing and using our site and the services on our site, and taking part in the Program, you are complying with all applicable laws and regulations in the country in which you are located.
- Your use is not unlawful, harmful, threatening or otherwise objectionable e.g porn sites.
- Your use does not facilitate or promote illegal file sharing, copyright infringement or computer hacking.
- Your use does not facilitate or promote any criminal activity or breach of civil law.
- You may not use your affiliate link to order subscriptions for yourself.
We may, at our sole discretion, review your website following your acceptance of these Terms, to ensure your compliance with these Terms.
We may, at our sole discretion, choose to reject any application for any reason (and are under no obligation to disclose such reasons).
We have the right to suspend or close any account with us and block your use of our site, if (in our opinion) you have failed to comply with any part of our Terms. You understand that your account is individual to you and that we may suspend or close your account if you attempt to transfer or use your account to/for another person.
You are responsible for all use of your security details and your account. You must treat your username, password, and any other security detail as confidential, and not disclose it to any other person. You must also prevent unauthorized access to your account.
By using our site, you consent to such processing and you confirm that all data provided by you is accurate and not misleading.
By providing us with your contact details, you agree that we can use these to contact you, such as to notify you of the activities on our site or on your affiliate account.
After we review your affiliate application, we will notify you of your acceptance or rejection into the Affiliate Program, generally within two (2) business days.
3. Our relationship with you
You understand that your relationship with UTunnel VPN is that of an independent contractor, and nothing in the present Agreement creates a partnership, joint venture, agency, franchise, sales representative, shareholder, or employer/employee relationship between you and Secubytes LLC.
Subject to any express provisions to the contrary in these Terms, you shall have no right or authority to enter into any contract, make any representation, give any warranty, incur any liability, assume any obligation, whether express or implied, of any kind on our behalf or bind us in any way.
4. Website Links and Cookies
We shall provide you with materials for linking to our site in your affiliate dashboard. These materials will include the HTML code for the link and a selection of graphic files (e.g. banners) to which the HTML code should be applied. The link will serve to identify you as a member of our Affiliate Program and will establish a link from your Media to our website.
The HTML code, as it appears in your affiliate dashboard, must be copied exactly and not altered in any way. Failure to comply with this condition may result in your receiving no credit for sales of subscriptions that are generated through your website.
You are solely responsible for the placement, content, and style of each link that you place on your site or use in promoting our services, and for ensuring that affiliate links include the appropriate formatting necessary for us to properly allocate referrals of customers from your site. Any affiliate link placed must be done in such a way that it is not misleading to any visitor and done with the intention of delivering valid sales or clicks to our site.
Under no circumstances may any of the graphic files provided by us be modified in any way without our prior written authorization. You may not use graphic files of your own to link to our site.
All graphic files that we may provide for use as links may be displayed throughout your website as you deem appropriate subject to these Terms. You agree to promptly implement any request from us to remove, alter or modify any link, graphic or banner ad from your website that is being used as part of the Affiliate Program.
You are required to assume full responsibility to maintain all links to our website from your website.
When a customer follows your affiliate link to our site, we place a tracking cookie on that customer's computer or mobile device which will be used to identify that customer as a referral from you, provided that customer creates an account on our site within 30 days (after which the cookie expires). If the customer uses another computer or mobile device to create an account or deletes the tracking cookie before creating the account, then we shall have no liability to pay commission in respect of any such subscription(s) purchased by that customer.
5. Display of Pricing and other Information
As an affiliate, you are free to display pricing and other information relating to our subscriptions. It is your responsibility to keep such information up-to-date through your own efforts. Although we may inform you prior to any pricing alterations, we have no obligation to do so.
We reserve the right to alter the pricing at any time in accordance with our own policies.
We undertake to use our best and reasonable endeavors to process and fulfill all orders for subscriptions placed by referred customers you had generated. But there are slim chances that some references are lost due to technical errors. We are not responsible for such errors but will make all efforts to correct them and make sure that we fix our system for improvement.
We reserve the right to reject any orders that do not comply with our Terms.
It shall be our full responsibility to ensure that all orders are completed and that the provision of services is undertaken in accordance with our customer terms and conditions. We shall be responsible for order entry, payment processing, cancellations, and all subsequent customer service. You shall have no further involvement with the customer or the completion of the transactions, and all customers will be made aware of the same. You should not use your contact information to represent our products, services or support.
If a referred customer’s email ID is already registered in our user database, any sale via your Affiliate link will neither be tracked nor commissioned.
7. Promotion of Affiliate links
You may not use the following methods to sell or promote subscriptions:
Email Spam: sending unsolicited marketing emails and bulk emails without the permission of its recipients. However, you may send emails to people you know or who have given you permission to send them marketing emails for products and services similar to UTunnel VPN;
Comment Spam: posting referral links on blogs, message boards, and forums where the discussion or content is not related to the services we offer. However, you may advertise your referral link on websites that are discussing VPN/proxy services or in a forum signature. You should never use automated bots to post comments containing your affiliate link;
Black Hat techniques: using “Black hat” SEO marketing on your website, such as keyword stuffing, invisible text or doorway pages;
Pop-up or pop-under advertising: without specific approval, you may not send traffic to UTunnel VPN’s website by serving pop-up or pop-under impressions. In general, visitors must arrive at UTunnel VPN’s website via a manual click action undertaken directly by a user;
Incentives: offering incentives to users, such as cash back or other rewards, except were facilitated by features on our site;
Use the brand name: No affiliate is allowed to use our brand name in their own domain extensions in any way, shape or form (.co.uk, .us, .org, .fr, .com, etc.)
Use banned keywords: No affiliate shall bid on any online advertising systems (such as Google Adwords) for the following keywords and any variation or misspelling:
UTunnel VPN Software
UTunnel VPN App
If any affiliate is found using these keywords or any other misspellings or variations, then the commission of that affiliate will be suspended.
You must not use an Affiliate link or ID to buy user account(s) for yourself or misuse it in any similar way. In case of any such situation, we have the right to take strict action against you, which may result in your Affiliate account suspension.
All links need to have the attribute of "no-follow" or "sponsored"
As per Google’s new policy, you are bound to use rel="sponsored" or rel=”nofollow” tag within your hyperlink attribute for our affiliate link.
8. Sales reporting and payment of referral fees
The full report of all sales of subscriptions generated through your affiliate links will be available on your affiliate dashboard. We reserve the right to alter the form and content of such reports without notice.
Our affiliate commission rates are displayed on our website and we may change these rates and our prices at any time without any notice.
In accordance with these Terms, we shall pay you referral commissions on all sales of subscriptions generated by you, except for subscriptions paid via Apple iTunes Store and Google Play store.
We shall send payment to you using the payment method you have specified in your affiliate dashboard. If no payment method is specified, we shall not be under any obligation to make payments to you. Our only liability is to send the payment using the details provided by you and we shall have no liability for lost payments as a result of details being incorrectly/not entered by you.
Our default payment currency is US Dollars and our default payment cycle starts from the first and ends on the last day of a month. Commissions would be paid after the billing cycle, between the 15th and 25th of the next month, subject to your balance being above the minimum payment threshold of $100 (USD).
Before making any payments, we reserve the right to review your account to ensure compliance with these Terms. We shall have no obligation to make payments to affiliates who are in breach of these Terms. Where it is not clear to us how you are referring customers to our service, we will require you to provide us the required information before we make a payment to you.
In the event of any chargeback(s), refunds or cancelations by customers referred by you, your commission shall be canceled. If we have already paid the relevant commission to you, we shall deduct that amount from our next payment to you. Refunds will be made to customers in accordance with our Refund Policy or at our sole discretion.
Where the rate of chargeback(s), refunds or cancelations on your account is unusually high or we suspect your affiliate account is being used for fraudulent activity, we reserve the right to place restrictions on your account, including but not limited to, suspending your account and retaining all sums within the account as well as commencing a full investigation. You give us your authorization to inform the appropriate authorities or third parties of any fraud or suspected fraud and only once we are satisfied that the matter is resolved shall we remove any restrictions on your account.
9. Intellectual Property
Unless otherwise expressly indicated, we are the sole and exclusive owner of all intellectual property rights ("IP Rights") on our site, including but not limited to, all code, text, sound, video, graphics, photographs and other images that form a part of the site.
We shall be the sole and exclusive owner of all IP Rights which may exist in all future updates, additions, and alterations to our site.
By admitting you into the Affiliate Program, we grant you a non-exclusive, non-transferrable, royalty-free license to use our trademarks, “UTunnel VPN” and “Secubytes” (our "Trademarks").
You may use our Trademarks only to the extent required to establish links and perform your obligations as an Affiliate under these Terms (e.g. to illustrate an article or a link). Examples of prohibited activity include placing affiliate links on a website that uses one or more of our trademarks as a part of its domain name or on a website that could give the impression that it's operated by us. If you use any videos produced by us, you may not edit such videos or any links embedded within them.
In the event that you wish to use our trademarks for any purposes outside of these Terms, you must not do so without our prior written consent, the granting of which shall be at our sole discretion.
By accepting these Terms you hereby agree that:
Our trademarks shall remain the property of Secubytes LLC unless and until we assign those marks to a third party; nothing in these Terms shall be deemed to confer any ownership rights in our trademarks on you, and you shall not contest the validity of our trademarks.
By accepting these Terms you agree that you shall indemnify us in full against all liability, loss, damages, costs, and expenses (including legal expenses) awarded against or incurred or paid by us as a result of, or in connection with: breach of any warranty given by you in relation to your website; any claim that your website infringes the patent, copyright, trademark or other intellectual property rights of any other person, except to the extent that the claim arises from compliance with any Terms stipulated by us; and any act or omission by you or your employees, agents or sub-contractors in performing your obligations under these Terms.
We shall not be liable to you for any indirect or consequential loss that you may suffer/incur even if such loss is reasonably foreseeable or if we have been advised of the possibility of such loss being incurred.
11. Term and termination
This agreement will come into force when your application to join the Affiliate Program is approved by us and shall continue to be binding unless and until either you or us notifies the other in writing that it wishes to terminate this agreement, in which case this agreement will be terminated immediately.
For the purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
Notwithstanding the other provisions of this clause, we may immediately terminate this agreement without notice if we determine, at our sole discretion: that you or any of your referred customers are engaged in fraud or are suspected of being engaged in fraud; that we have doubts in respect of your true identity and that you are unable to provide us with appropriate identification to effectively verify your identity; we have detected that you are located in one of the blocked countries (including if you have used a VPN to bypass our geographic location block on these countries); that any of your activities pose a risk to the integrity of the Program; and/or that you are involved in spreading negative sentiments/views about us.
12. Use of Information
You acknowledge that your personal information (meaning any information about you from which you can be personally identified, such as your name, address, telephone number or email address) may be used by us for the following purposes: to set up and maintain your account with us; and for the provision of the services to which this Program relates; to comply with relevant regulations regarding your registration with us, including verifying the information which you have provided us; to monitor activities in order to detect fraudulent or otherwise unlawful, criminal or improper activities (including money laundering) and breaches of these Terms; and to investigate and/or prevent any such activities; to report any such activities to any relevant authorities or other online service providers; to keep you informed of future events, offers and promotions in relation to your account; and to provide you with important information about your account; for any other purpose which is necessary for the performance of our contractual obligations to you, or for enforcing your compliance with your contractual obligations to us.
You hereby consent to the use of your personal information as set out above by us, including the disclosure by us to relevant third parties for such purposes, including but without limiting to: identify and/or age verification agencies, and/or credit checking agencies; relevant authorities, other online service providers, banks, credit card companies, electronic payment providers or other financial institutions, and you hereby agree to cooperate fully with us in respect of any such investigation of activities which it or any such third party may carry out. We will at our discretion do all that is possible to secure your data on our systems.
Communications: The Terms are in English, and any contract and other communication between you and us shall be in English. The law requires that some of the information or communications we send to you is in writing. You accept that communication with us will be mainly electronic, through our site or by e-mail, and that this constitutes written communication.
When contacting you, we will use the telephone, e-mail or postal address you provide us when registering or any replacement to those details that you have entered into your account on our site.
Any official communication or notice from you to us should be sent to our postal and e-mail addresses.
Entire agreement: These Terms and the material referred to in the Terms: (i) set out the entire agreement between you and us regarding our site and the Program; (ii) supersede all previous or existing representations, agreements or communications between you and us regarding our site or the Program. We will not be bound by any obligation, condition or other provision that is different from or in addition to those set out in these Terms.
Invalid terms: If any part of these Terms is found to be invalid or unenforceable, the remainder of the Terms shall not be affected.Transfer of rights and obligations: The contract between you and us (as set out in these Terms) is binding on you and us and our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of your contract with us, or any of your rights or obligations arising under it, without our prior written approval. We may transfer, assign, charge, sub-contract or otherwise dispose of our contract with you, or any of our rights or obligations arising under it, at any time.
Delays in enforcement: If we fail to insist upon strict performance of any of your obligations, or if we fail to exercise any of our rights or remedies, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
Laws and disputes: These Terms, the formation of the contract between us, use of our site, use of our services, and any dispute or claim arising out of any of them (including non-contractual disputes or claims), are governed by the laws of the United States. All disputes between us shall be decided only by the courts within the United States, except that we may enforce any judgment anywhere in the world where you may have assets or be located.
We or our directors, partners, employees or agents shall not be liable under any circumstances for any special, consequential, incidental or punitive damages arising out of or in any way connected with this Agreement and/or any services and products that you may choose to purchase or use, including but not limited to: damages for lost profits, loss of service use, loss of data, loss of privacy, damages to third parties. This limited liability clause shall apply even if we have been notified of the possibility of any claims. In no event shall our maximum liability exceed the total commissions paid or payable to you under this agreement during the one-month period immediately preceding the event giving rise to such liability.
While we may change our Terms and Conditions over time, the latest iteration of these Terms and Conditions will always be available at https://utunnel.tapfiliate.com/programs/utunnel-affiliate-program/tos. The right to revise Terms and Conditions, as and when necessary, will be at the sole discretion of the Secubytes LLC management. However, we will notify you of any material changes to the Terms and Conditions through an update or email. Your continued participation in the Affiliate Program after our notification of the change in the Terms will be treated as a binding acceptance of the change.