These Terms of Service (these “Terms”) are part of the agreement (“Agreement”) between Customix and the business entity agreeing to them (“you” or “Affiliate”) and govern your use of the Services.  

The Agreement is effective as of the date you register for an online account with Customix or the date you enter an Order Form with Customix incorporating these Terms (the “Effective Date”).  If you are accepting the Agreement on Affiliate’s behalf, you represent and warrant that (i) you have full legal authority to bind Affiliate to the Agreement; (ii) you have read and understand the Agreement; and (iii) you agree, on Affiliate’s behalf, to the Agreement.  

This Agreement is between Affiliate and Customix. It only applies to your relationship with Customix, which is independent of your relationship with any other merchant, affiliate, or customer. 

DEFINITIONS

The following capitalized terms have the following meanings in the Agreement:

1. Affiliate means an individual or business registered on the Services as an Affiliate of Customix, which is compensated by Customix for qualified commission.

2. Affiliate Sales Revenue means the total amount of proceeds received from the sale of products or services by Customix attributed to Customix's Affiliates by and through the Services, excluding any shipping and handling charges and/or processing fees, any discounts, and applicable taxes.

3. Anonymized Data means information, including information derived from Affiliate Data, that is irrevocably anonymized to remove any Affiliate-identifying or individual-identifying information.  For clarity, Anonymized Data can never include any information that is reasonably associable with any individual or household.

4. Authorized User means any individual who uses the Services on Affiliate’s behalf or through Affiliate’s Account, whether with, without, or in excess of the authorization granted by Affiliate.

5. Affiliate Data means data processed through the Services by Affiliate, such as sales data and information, pricing, shipping costs, and other similar information, data from Third Party Platforms (as applicable), and data from Affiliate’s Visitors and Authorized Users. Affiliate Data shall not include Anonymized Data or any information provided to Secomapp by a visitor to any Secomapp website, which is independently subject to these Terms of Service and the Privacy Policy.

6. Services means all services belonging to Customix, analytics, information, applications, websites, and other products and services.

THE SERVICES

1. Account Terms: In order to access most features of the Services, you must register for a Customix account (“Account”) by providing the information Customix may require. You may only register on behalf of a corporation, the sole proprietorship of an individual 18 years or older, or another entity authorized to do business pursuant to applicable law. Customix may reject an application for an Account for any reason, in its sole discretion.
2. Use of the Services: During the Term, and provided that the Agreement has not been terminated, you may access the Services for the purpose of using the Services pursuant to and subject to the terms of the Agreement.
3. Documentation: The Documentation may be reproduced solely as necessary to support the use of the Services by you or your Authorized Users.
4. Access Rights: Customix may suspend or terminate any Account if Customix determines, in its sole discretion, that the goods or services offered via an outside store or the materials uploaded or posted to an outside store violate the AUP or these Terms. Customix will make reasonable efforts to promptly notify Authorized Users of the suspension.
5. Affiliate Access: From time to time, Customix may communicate with Affiliates participating in the Customix partnership program. Such communication with the Affiliates participating in a particular Customix partnership program is subject to these Terms of Service, as accepted by such Affiliate and as modified from time to time as set forth herein, and the Privacy Policy.

PAYMENT PROCESS

1. Currency: For Fees purposes, any Affiliate Sales Revenue paid in a currency other than U.S. Dollars is automatically converted to the applicable value in U.S. Dollars. The Services will continue to display Affiliate Sales Revenue in the transaction currency for all other purposes, such as calculating Affiliate commission amounts.
2. Commission Calculation

• Monthly Recurring Revenue: Affiliate commissions are calculated based on the monthly or yearly subscription payments made by merchants (referred clients) who continue using the app after the free trial period. The subscription price will first be adjusted to exclude the Shopify fee (typically 20% of the subscription price).
• Adjustments for Plan Changes: Commissions will be adjusted based on changes in the customer’s app package (such as upgrades or downgrades). The adjusted commission reflects the customer’s new plan rate after deducting the Shopify fee.
• Annual Subscriptions (Yearly Plans): For customers on annual subscriptions, the total commission will be divided into 12 equal parts, and one part will be paid each month throughout the subscription period.
• Refunds: If a referred customer requests a refund, a negative commission will be applied to reflect the adjustment. Any overpaid commission may be deducted from future earnings.

3. Payment Schedule

• Balance Updates: Affiliates can log in on the 8th of each month to review their updated balance.
• Payment Date: Payments are issued on the 12th of each month (for Affiliates who have confirmed a payment method), provided that the minimum balance requirement has been met.

4. Payment Approved Methods

• PayPal: Affiliates will receive an email prompting them to provide or confirm their PayPal account details. Please ensure that your PayPal account is up to date within your Customix profile. If any changes to your PayPal account are needed, you may update this information directly on your Partner Dashboard.

Note: Customix only processes payments to the registered PayPal account provided by the Affiliate. It is your responsibility to keep this information updated to ensure timely and accurate payments. Customix is not responsible for delays due to outdated information.

5. Payment Process

• Commission Review: Commissions are reviewed and calculated by Customix on the 8th of each month for the previous month’s referrals and customer payments.
• Minimum Balance Requirement: The minimum balance for payout is $100. If your balance does not reach this threshold, the amount will roll over to the next pay period.
• Initial Payment Confirmation Request: Upon reaching the payout threshold of $100, Affiliates will receive an email from Customix confirming their preferred payment method. The email (e.g., “Congratulations on Your First Customix Partner Payout”) will outline the current balance and request confirmation of the PayPal email address on file. Affiliates need to confirm their payment details only once, unless they update them in the future.
• Follow-up Reminder (If No Response): If no response is received within a month, Customix will send a reminder email to confirm the payment method.
• Payment Confirmation: Upon processing the payment, Customix will send a confirmation email to Affiliates on the 12th of the month, including payment details and any applicable fees or adjustments for that period.

6. Commission Adjustments and Refunds

• Plan Upgrades/Downgrades: If a customer changes their subscription plan, your commission will be adjusted to reflect the updated rate.
• Customer Refunds: If a referred customer receives a refund, your commission for that period will be recalculated, and any overpaid amounts may be deducted from future earnings.

7. Tracking and Reporting

• Cookie Duration: The tracking cookie from the referral link lasts for 30 days. After 30 days, any activity from that link may no longer be recorded.
• Affiliate Dashboard: Affiliates can track referral activity, payouts, and commission adjustments in real-time via their Customix Partner Dashboard.

8. Payment of Fees

Customix will not be required to refund any Fees except in the event of Customix’s fraud, gross negligence, or willful misconduct.

9. TTaxes

All processing fees and taxes are exclusive. Affiliates receive the amount of commission earned from Customix based on their referrals.

AFFILIATE DATA & PRIVACY

1. Use of Affiliate Data

• License Grant: Affiliate grants Customix a non-exclusive right and license to use, copy, reproduce, modify, adapt, publish, and display the Affiliate Data solely to provide the Services. Notwithstanding the foregoing, Customixmay use Anonymized Data for any purpose.

Right to Use: The affiliate represents and warrants that:

• The Affiliate has all necessary rights, consents, and approvals to grant Customix the access and use rights to Affiliate Data granted herein.
• All Affiliate Data was collected by Affiliate in accordance with Affiliate’s privacy policy, applicable third-party Platform policies, and all applicable laws.
• No Affiliate Data violates the privacy or intellectual property rights of any third party.

2. Data Security

Customix has implemented and maintains industry-standard measures, procedures, and policies designed to safeguard the confidentiality, integrity, and security of the Services and Affiliate Data. The Affiliate recognizes and agrees that hosting and transmitting data online inherently involves the risk of unauthorized disclosure or exposure that no Customixmeasures can fully eliminate. The Affiliate agrees that, in accessing and using the Services, the Affiliate assumes such risks. All vulnerabilities must be reported to [admin@customix.io]().

3. Customix is not responsible or liable for the accuracy of data uploaded to the Services by Affiliate, such as Affiliate Data and any other data uploaded by Authorized Users. In addition, except for calculations and payments made solely through Customix, Customix is not responsible or liable for any Affiliate payment calculation errors made in reliance on data generated or APIs made available by the Services.

AFFILIATE’S RESPONSIBILITIES AND RESTRICTIONS

1. Acceptable Use

Affiliate and its Authorized Users may not:

• Use the Services or Affiliate Data for service bureau or time-sharing purposes, or in any other way allow third parties to exploit the Services without using an Account.
• Provide Account passwords or other access information to any third party.
• Share non-public Services features or content with any third party.
• Use the Services or Affiliate Data to copy or build a product using similar ideas, features, functions, or graphics (whether competitive with Customix or not).
• Violate the AUP.
• Use the Services to send or store infringing, obscene, threatening, libelous, defamatory, or otherwise unlawful or tortious material, including material that is harmful to children or violates third-party privacy rights.

2. Unauthorized Access

Affiliate is responsible for all actions taken by its Accounts and must take reasonable steps to prevent unauthorized access to the Services. Affiliate must notify Customix immediately of any known or suspected unauthorized use of the Services, including any security breach affecting its Services access credentials.

3. Compliance with Laws

In its use of the Services, Affiliates are responsible for compliance with data privacy regulations (e.g., GDPR, CCPA) if applicable.

IP AND FEEDBACK

1. IP Rights to the Services

Customix retains all rights, titles, and interests in and to the Services, including but not limited to all software, system software, and applications used to provide the Services, as well as any source code, updates, improvements, enhancements, modifications, or derivative works thereof, and all inventions, content, graphics, media, user interfaces, logos, and trademarks contained in, displayed, performed, or reproduced through the Services. The Agreement does not grant Affiliate any intellectual property rights in or to the Services or any of its components. Affiliate understands and agrees that the Services and its components are protected by copyright and other applicable laws.

2. Feedback

“Feedback” refers to any suggestion or idea for improving or otherwise modifying any of Customix’s products or services. Customix owns all Feedback. Customix may use or incorporate Feedback without compensating or crediting Affiliate.

CONFIDENTIAL INFORMATION

1. Definitions

As used in this Section, “Discloser” means a party to the Agreement disclosing Confidential Information to the other party to the Agreement (the “Recipient”).

“Confidential Information” means Affiliate Data; any information the Discloser marks “confidential” or that would otherwise reasonably be understood to be confidential in the context of its disclosure; Documentation; any Order Form; and any communications between Customix and Affiliate in relation to the Services.

Confidential Information excludes information:

• Known to the Recipient without obligation of confidentiality to the Discloser at the time of disclosure.
• Independently developed by the Recipient without use of or reference to the Discloser’s Confidential Information.
• Known publicly, before or after disclosure, other than as a result of the Recipient’s improper action or inaction.
• Approved for release in writing by the Discloser.
• Aggregate Data.

2. Nondisclosure

Recipient may only use Discloser’s Confidential Information in furtherance of its obligations and rights hereunder (the “Purpose”). Recipient may not disclose Confidential Information to any other third party without Discloser’s prior written consent. Recipient must protect Discloser’s Confidential Information with the same degree of care Recipient uses to protect its own confidential information of similar nature and importance, but in no event less than reasonable care. Recipient must promptly notify Discloser of any known or reasonably suspected misuse or misappropriation of Discloser’s Confidential Information. 

3. Permitted Disclosure

Notwithstanding the foregoing, Recipient may disclose Discloser’s Confidential Information as required by applicable law or by proper legal or governmental authority, provided that it has given Discloser prompt notice of such legal process (if permitted) and reasonably cooperated with Discloser in any effort to seek a protective order or otherwise contest the compelled disclosure.

4. Injunction

Recipient agrees that any breach of its obligations under this Section would cause Discloser irreparable injury, for which monetary damages cannot provide adequate compensation, and that in addition to any other remedy, Discloser will be entitled to injunctive relief against such breach or threatened breach.

5. Termination

The obligations of Section (2) above (Nondisclosure) will terminate five (5) years after the date of disclosure.

REPRESENTATIONS & WARRANTIES

a. From Customix

Customix represents and warrants that:

    i. It has and will maintain the full power and authority to grant the rights granted in the Agreement without the further consent of any third party; and

    ii. To the best of Customix’s knowledge, the Services do not and will not infringe the intellectual property rights of any third party.

b. Infringement Remedy

Solely with respect to Section (a)(ii) and without regard to Customix’s knowledge of infringement:

    i. Any alleged or actual infringement caused by the use of the Services in combination with hardware or software not provided by Customix does not constitute a breach.

    ii. In the event of a breach, Customix will, at its own option and expense, promptly take any of these actions:

        (a) Secure for Affiliate the right to continue using the Services;

        (b) Replace or modify the Services to make them non-infringing; or

        (c) Terminate the infringing features of the Services and refund to Affiliate any prepaid fees for such features, in proportion to the portion of the Term left after such termination.

    iii. Along with Affiliate’s right to terminate for breach, the preceding sentence states Customix’s sole obligation and liability, and Affiliate’s sole remedy, for breach of this Section (a)(iii) and for potential or actual intellectual property infringement by the Services.

c. From Affiliate

Affiliate represents and warrants that:

    i. It is a corporation, the sole proprietorship of an individual 18 years or older, or another entity authorized to do business pursuant to applicable law.

    ii. It is in full compliance with all laws and regulations applicable to its business

d. Warranty Disclaimers

EXCEPT AS PROVIDED IN THIS SECTION (A) ABOVE, AFFILIATE ACCEPTS THE SERVICES “AS IS” AND AS AVAILABLE, WITH NO USAGE COMMITMENT OR ANY OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

INDEMNIFICATION

The obligation to indemnify will not apply if the infringement arises as a result of the Affiliate’s or its users’ unauthorized use and/or alteration of the Services. Affiliate agrees to indemnify and hold harmless Customix from and against any damages relating to or arising out of the Affiliate’s use of the Services in violation of this Agreement.

LIMITATION OF LIABILITY

1. Dollar Cap

EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT WILL NOT EXCEED THE GREATER OF (A) $1,000.

Both parties agree to address any issues arising upon receipt of notice from the other party. If, after 12 months from the date of receipt, the notified party does not agree to resolve the issue, it shall be resolved in accordance with the current laws of Vietnam.

Disputes are resolved in a spirit of voluntary negotiation. If no consensus is reached, the dispute will be resolved by commercial arbitration in accordance with the provisions of the Law on Commercial Arbitration 2010 of Vietnam.

2. EExclusion of Consequential Damages

IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE AGREEMENT.

3. Clarifications & Disclaimers

The limits in this Section apply:

i. To liability for negligence.

ii. Regardless of the form of action, whether in contract, tort, strict product liability, or otherwise.

iii. Regardless of the foreseeability of the damages or any advance notice of their possibility.

iv. Even if these remedies fail of their essential purpose.

If applicable law limits the application of the provisions of this Section, liability will be limited to the maximum extent permissible.

TERM AND TERMINATION

1. Term

For Affiliates, the term of the Agreement (the “Term”) commences upon the acceptance by the Affiliate of this Agreement and will remain in place until terminated as set forth in clause (c) below.

2. Termination

Either party may terminate the Agreement:

    i. For cause if the other party fails to cure any material breach of the Agreement (including any failure to pay Fees) within thirty (30) days after written notice of such breach.

    ii. If the other party ceases operation without a successor.

    iii. If the other party seeks protection under any bankruptcy, receivership, or comparable proceeding, or if any such proceeding is instituted against such party (and not dismissed within sixty (60) days thereafter).

Nothing in this Section limits Customix’s ability to immediately suspend the Agreement upon any breach of Section “Affiliate’s Responsibilities and Restrictions” of the Agreement. 

3. Effects of Termination

Upon termination of the Agreement:

• Customix will discontinue Affiliate’s access to the Services.
• Affiliate will cease all use of the Services.
• Affiliate will promptly delete, destroy, or return all copies of the Documentation in its possession or control.

PUBLICITY.  Affiliate will permit Customix to use Affiliate’s name, trademarks, and service marks to identify Affiliate as a Customix affiliate on the Website and in sales and marketing materials and activities, unless Affiliate objects to such use by providing written notice to Customix.

GENERAL

1. Modifications

    i. The Services: Customix may make commercially reasonable changes to the Services from time to time. Customixwill inform Affiliate if it makes a material change to the Services that has a material, adverse impact on Affiliate’s use of the Services.

    ii. These Terms: Customix may change these Terms from time to time and will post any such changes to the URL where these Terms are available, updating the “Last Updated” date at the top of these Terms. Any material changes will only take effect as of (a) the Affiliate’s next Term or (b) the “Last Updated” date above. Affiliate’s continued use of the Services after such changes take effect will constitute its acceptance of the changes.

    iii. URL Terms: Customix may change the URL Terms from time to time and will notify Affiliate by prominently posting at the beginning of such URL Terms if any such change is material. Material changes to the URL Terms will become effective 30 days after notice is given, except that changes required by applicable law may become effective immediately.

2. Force Majeure

The delay or failure to pay fees will be excused if caused by unexpected events, such as acts of war, terrorism, hurricanes, earthquakes, other acts of God or nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, or other causes beyond the performing party’s reasonable control.

3. Severability

To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of the Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of the Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of the Agreement will continue in full force and effect.

4. No Waiver

Neither party waives any rights under the Agreement except by an express written waiver from an authorized representative. No waiver of a breach of the Agreement will constitute a waiver of any other breach.

5. Conflicts

In the event of a conflict between these Terms and any Customix policy posted online (such as the Privacy Policy), these Terms will control except to the extent any such policy specifically states that it controls these Terms. In the event of a conflict between the Affiliate Terms and any other part of the Agreement, the Affiliate Terms will control.

6. Interpretation

A reference to “writing” or “written” includes e-mail. The section headings in the Agreement are intended solely for convenience of reference and have no effect on the construction or interpretation of the Agreement.

7. Entire Agreement

The Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications.

Updated on: 15/09/2025