Terms of Service

1. Acceptance of Terms

Welcome to Buzzmate! These Terms of Service ("Terms") constitute a legally binding agreement between you and Nexium LLC ("Company," "we," "us," or "our") regarding your use of the Buzzmate platform, website, and services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service. These Terms apply to all visitors, users, affiliates, merchants, and others who access or use the Service.

2. Description of Service

Buzzmate is an affiliate marketing platform that connects merchants with affiliates to promote products and services. Our Service includes:

• Affiliate program management tools
• Commission tracking and payment processing
• Marketing materials and promotional resources
• Analytics and reporting features
• Affiliate marketplace and network
• Educational resources and support

3. User Accounts and Eligibility

3.1 Account Creation

To use our Service, you must create an account by providing accurate, complete, and current information. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

3.2 Eligibility Requirements

You must be at least 18 years old to use our Service. By using the Service, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into these Terms
• You will comply with all applicable laws and regulations
• All information you provide is accurate and truthful

3.3 Account Responsibility

You are responsible for maintaining the confidentiality of your account and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4. Affiliate Program Terms

4.1 Affiliate Approval

We reserve the right to approve or reject any affiliate application at our sole discretion. Factors we consider include:

• Quality and relevance of your website or platform
• Alignment with our brand values and standards
• Compliance with our promotional guidelines
• Geographic location and target audience

4.2 Commission Structure

Commission rates and structures are determined by individual merchant partners and may vary by:

• Product category or service type
• Sale volume and performance tiers
• Customer acquisition type (new vs. returning)
• Promotional periods and special campaigns

4.3 Payment Terms

Payments are processed monthly for transactions that meet the following criteria:

• Minimum payout threshold of $50 has been reached
• Transactions have passed the applicable return/refund period
• Valid tax documentation has been provided (if required)
• Account is in good standing with no policy violations

4.4 Tracking and Attribution

We use cookies and tracking technology to attribute sales to affiliates. Our standard attribution window is 30 days from the initial click, though this may vary by merchant. Affiliates will only receive commissions for sales that can be properly tracked and attributed.

5. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Fraudulent Activities: Click fraud, cookie stuffing, or any deceptive practices
• Trademark Violations: Bidding on branded keywords without permission
• Spam: Unsolicited email marketing or spam tactics
• Misleading Content: False claims about products or services
• Self-Referrals: Generating commissions through your own purchases
• Inappropriate Content: Adult, violent, or offensive material
• Legal Violations: Any activities that violate applicable laws
• Brand Misrepresentation: Impersonating our company or partners

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Service and its original content, features, and functionality are owned by Nexium LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to use our marketing materials and promotional content solely for the purpose of promoting merchant partners through our affiliate program, subject to these Terms.

6.3 User Content

By submitting content to our Service, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such content for the purposes of operating and improving our Service.

7. Compliance and Legal Requirements

7.1 FTC Compliance

All affiliates must comply with Federal Trade Commission (FTC) guidelines requiring clear and conspicuous disclosure of material connections. You must:

• Clearly disclose your affiliate relationship
• Use terms like "affiliate link," "paid promotion," or similar
• Place disclosures prominently and clearly
• Ensure disclosures are easily understood by your audience

7.2 Data Protection

You must comply with all applicable data protection laws, including GDPR, CCPA, and other privacy regulations. This includes:

• Obtaining proper consent for data collection
• Implementing appropriate privacy policies
• Protecting user data and privacy
• Respecting user rights and preferences

7.3 International Compliance

If you operate internationally, you must comply with all applicable local laws and regulations in your jurisdiction and any jurisdictions where you promote products or services.

8. Termination

8.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your dashboard.

8.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including:

• Breach of these Terms
• Fraudulent or deceptive activities
• Violation of applicable laws
• Prolonged inactivity
• Risk to our platform or users

8.3 Effect of Termination

Upon termination, your right to use the Service will cease immediately. Outstanding commissions for validated transactions will be paid according to our standard payment schedule, minus any applicable fees or chargebacks.

9. Disclaimers and Limitation of Liability

9.1 Service Disclaimer

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NEXIUM LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

9.3 Indemnification

You agree to defend, indemnify, and hold harmless Nexium LLC and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from your use of the Service or violation of these Terms.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, conducted in San Francisco, California.

11. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect.

By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised terms.

12. Contact Information

If you have any questions about these Terms of Service, please contact us: