This Agreement ("Agreement") contains the complete terms and conditions between Wealthnestor LLC, doing business as Sparky Media ("Company," "we," "us," or "our"), located at 1309 Coffeen Avenue, Suite 3000, Sheridan, WY 82801, United States, and you ("Publisher," "you," or "your") regarding your participation in the Sparky Media publisher network (the "Network") and your use of the website located at sparky-media.com (the "Site").
By registering for an account, accessing the Site, or participating in the Network, you accept and agree to be bound by this Agreement. If you do not agree to these terms, do not access or use the Site or the Network.
Eligibility. You must be at least 18 years old and have the legal authority to enter into this Agreement. By registering, you represent and warrant that all information you provide is truthful, accurate, and complete.
Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
Approval. All publisher applications are subject to review and approval at our sole discretion. We reserve the right to reject any application or terminate any account without providing a reason.
As a participant in the Network, you agree to the following:
Commission. The Company will pay Publisher commissions based on qualifying actions as defined by the applicable offer terms. Commission rates and structures may vary by offer and are subject to change with notice.
Payment Schedule. Payments are made on a schedule agreed upon between the Company and the Publisher (weekly, bi-weekly, or monthly), provided the Publisher's account balance meets the minimum payout threshold. Payment methods include wire transfer, PayPal, or other methods as made available.
Adjustments. The Company reserves the right to withhold, adjust, or reverse payments in cases of suspected fraud, chargebacks, non-compliance with these terms, or invalid leads as determined at the Company's sole discretion.
Taxes. Publisher is responsible for all applicable taxes. The Company may request tax documentation (e.g., W-9 or W-8BEN) before processing payments.
The following activities are strictly prohibited and may result in immediate account termination and forfeiture of unpaid commissions:
Decisions made by the Company in relation to prohibited activities are final and not subject to appeal.
All intellectual property rights in the Site, the Network, and any materials provided by the Company (including tracking technology, creative assets, and brand elements) are and remain the sole property of the Company. You are granted a limited, non-exclusive, non-transferable, revocable license to use materials provided to you solely for the purpose of promoting approved offers. This license terminates immediately upon termination of this Agreement.
You may not copy, modify, distribute, or create derivative works of any Company materials without prior written consent.
You agree to keep confidential all non-public information relating to the Company, the Network, commission rates, payout terms, and any other proprietary or business information disclosed to you during the course of this Agreement. This obligation survives termination of the Agreement.
This Agreement is effective upon your acceptance and remains in effect until terminated by either party. Either party may terminate this Agreement at any time, for any reason, with or without notice.
Upon termination, your access to the Network will be immediately revoked. Any commissions earned on valid, qualifying actions prior to termination will be paid in accordance with the payment terms, except where termination is due to fraud or violation of these terms, in which case all unpaid commissions are forfeited.
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Site or Network; (b) your breach of this Agreement; (c) your violation of any applicable law or regulation; or (d) your marketing activities and the content of your website(s) or materials.
The Site and the Network are provided on an "as-is" and "as-available" basis. The Company makes no warranties, express or implied, regarding the Site, the Network, or the accuracy of any data or reports, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company does not guarantee uninterrupted or error-free service, nor does it guarantee any specific level of earnings or performance.
To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunity arising out of or related to this Agreement or the use of the Site or Network, even if the Company has been advised of the possibility of such damages. The Company's total aggregate liability under this Agreement shall not exceed the total commissions paid to you in the six (6) months preceding the event giving rise to liability.
Any dispute arising out of or relating to this Agreement shall first be attempted to be resolved through informal negotiation. If the dispute cannot be resolved informally within thirty (30) days, it shall be resolved through binding arbitration conducted in Sheridan, Wyoming, in accordance with the rules of the American Arbitration Association. Each party shall bear its own costs. Judgment on any arbitration award may be entered in any court of competent jurisdiction.
You agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action.
The Company reserves the right to modify this Agreement at any time. Updated terms will be posted on the Site with a revised date. Your continued use of the Site or participation in the Network after any changes constitutes acceptance of the modified terms. It is your responsibility to review these terms periodically.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions.
Entire Agreement. This Agreement constitutes the entire agreement between you and the Company regarding the subject matter herein and supersedes all prior agreements and understandings.
Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Waiver. The failure of the Company to exercise any right under this Agreement shall not constitute a waiver of that right.
Assignment. You may not assign or transfer this Agreement without the Company's prior written consent. The Company may assign this Agreement without restriction.
For questions about these terms, please contact us:
Wealthnestor LLC d/b/a Sparky Media
1309 Coffeen Avenue, Suite 3000
Sheridan, WY 82801
United States
legal@sparky-media.com