1. Introduction

This User Agreement ("Agreement") is a legal contract between you ("User", "Merchant", or "you") and Affilitrak ("we", "us", or "our") regarding your use of the Affilitrak application ("App") on the Shopify platform.

2. Acceptance of Terms

By installing, accessing, or using Affilitrak, you agree to be bound by this Agreement. If you do not agree to these terms, do not install or use the App.

3. Service Description

Affilitrak is a Shopify application that:

• Tracks affiliate referrals and sales
• Manages affiliate relationships and commissions
• Processes affiliate payments
• Provides analytics and reporting tools

4. Merchant Obligations

You agree to:

• Provide accurate information when setting up affiliate relationships
• Honor valid affiliate commissions for qualifying sales
• Maintain sufficient funds to pay affiliate commissions
• Not manipulate tracking data or commission calculations
• Comply with all applicable laws and regulations regarding affiliate marketing

5. Data Collection and Privacy

We collect and process:

• Store information necessary for app functionality
• Order and transaction data for affiliate tracking
• Affiliate information and payment details
• Customer tracking data via cookies for attribution

All data collection complies with:

• Shopify's API Terms of Service
• GDPR and other applicable privacy laws
• Our Privacy Policy

6. Cookies and Tracking

The App uses cookies and tracking mechanisms to:

• Attribute sales to affiliates
• Track customer journeys
• Calculate commissions

You are responsible for:

• Informing your customers about tracking
• Obtaining necessary consent for tracking
• Maintaining appropriate privacy policies

7. Payments and Fees

• App subscription fees are billed through Shopify
• Affiliate commission payments are your responsibility
• We do not handle or store actual payment information
• All payment processing is done through secure third-party providers

8. Affiliate Relationships

You acknowledge that:

• You are responsible for managing affiliate relationships
• We provide tools but do not mediate affiliate disputes
• You must establish clear terms with your affiliates
• Commission rates and terms are set by you

9. Service Availability

• We strive for 99.9% uptime but do not guarantee uninterrupted service
• We may perform maintenance with reasonable notice
• We are not liable for Shopify platform downtime

10. Modifications

We reserve the right to:

• Modify this Agreement with notice
• Update the App's features and functionality
• Change pricing with advance notice

11. Termination

We may suspend or terminate service if you:

• Violate this Agreement
• Misuse the App
• Fail to pay applicable fees
• Violate Shopify's Terms of Service

12. Limitation of Liability

• The App is provided "as is" without warranties
• We are not liable for lost profits or data
• Our maximum liability is limited to fees paid
• We are not responsible for affiliate payment disputes

13. Indemnification

You agree to indemnify us against claims arising from:

• Your use of the App
• Your affiliate relationships
• Violations of this Agreement
• Your store's content or products

14. Governing Law

This Agreement is governed by applicable law, without regard to conflicts of law principles.

15. Contact

For questions about this Agreement, contact:

16. Updates

This Agreement was last updated in April 2024. We will notify users of material changes to these terms.

By using Affilitrak, you acknowledge that you have read, understood, and agree to be bound by this Agreement.