Effective Date: April 3, 2025
These Terms and Conditions of Service (“Agreement”) govern your use of the 37x.com website and associated services. By accessing or using the Platform (as defined below), you (“User” or “You”) agree to be bound by this Agreement established with 37x.com (referred to as "37x.com", "We", "Us", or "Our").
PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM.
In this Agreement, unless the context otherwise requires:
2.1. 37x.com provides the Platform allowing Users to create User Stores to promote Merchant Products available through various Affiliate Networks.
2.2. 37x.com manages the primary technical and commercial relationships with the Affiliate Networks on behalf of its Users. This includes integrating with network APIs, processing product feeds (where applicable), and managing the tracking links used to attribute sales.
2.3. 37x.com strives to secure competitive commission rates but does not guarantee specific rates or the availability of any particular Merchant Product or Affiliate Network. Acceptance into affiliate programs and product availability are determined by the respective merchants and Affiliate Networks, who may reject User Stores or 37x.com IDs at their discretion.
2.4. The Platform may include optional AI features for generating AI-Generated Content (see Clause 8).
2.5. The Platform operates on a Revenue Share model as detailed in Clause 6.
3.1. To use the Platform, You must register for an account, providing accurate and complete information, and keep this information updated.
3.2. You are responsible for maintaining the confidentiality of your account login credentials and for all activities occurring under your account. You must notify 37x.com immediately of any unauthorized use by contacting help@37x.com.
3.3. You shall use the Platform and your User Store solely for lawful purposes and in accordance with this Agreement and all applicable laws and regulations (including Data Protection Legislation and advertising standards like those set by the Advertising Standards Authority (ASA) in the UK).
3.4. You are solely responsible for all User Content on your User Store, including its accuracy, legality, and compliance with disclosure requirements (e.g., clearly indicating affiliate relationships where required).
3.5. You agree not to use the Platform for prohibited activities, including but not limited to: distributing illegal or infringing content, malware, spam, engaging in fraudulent activities, hate speech, harassment, or activities that abuse or disrupt the Platform or its users.
3.6. You acknowledge that 37x.com acts as a platform provider and intermediary with Affiliate Networks; 37x.com is not the seller of Merchant Products and has no responsibility for product quality, shipping, returns, or customer service related to Merchant Products.
4.1. License to User: Subject to your compliance with this Agreement, 37x.com grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term to access and use the Platform solely for creating and operating your User Store as intended by the service.
4.2. License from User: You grant 37x.com a worldwide, non-exclusive, royalty-free license during the Term to access, use, reproduce, display, and distribute your User Content solely as necessary to provide the Platform services, operate and promote the Platform, facilitate affiliate tracking, and fulfil its obligations under this Agreement.
5.1. 37x.com IP: As between the parties, 37x.com retains all right, title, and interest in and to the Platform, its underlying technology, any content provided by 37x.com, and all related Intellectual Property Rights. Nothing in this Agreement transfers any ownership rights to You.
5.2. User IP: As between the parties, You retain all right, title, and interest in and to your User Content (subject to the license granted in Clause 4.2). You represent and warrant that you own or have the necessary rights to grant the license in Clause 4.2 and that your User Content does not infringe any third-party Intellectual Property Rights.
6.1. 37x.com operates on a Revenue Share model. We retain a percentage (the Revenue Share) of the Commission Revenue generated through your User Store, as specified in your account settings or dashboard.
6.2. 37x.com will track sales attributed to your User Store via the tracking mechanisms provided by the Affiliate Networks. Attribution is typically based on the policies of the specific Affiliate Network (e.g., last-click). 37x.com is not responsible for tracking discrepancies caused by Affiliate Networks or user actions (e.g., cookie blocking).
6.3. Payouts to You will be calculated based on the Net Revenue (Commission Revenue received by 37x.com minus the 37x.com Revenue Share).
6.4. Payouts are contingent upon 37x.com receiving the corresponding Commission Revenue from the Affiliate Networks. Payment timelines from Affiliate Networks vary and can take 90 days or longer.
6.5. 37x.com will endeavour to process payouts to You within approximately 30 days of receiving the corresponding funds from the Affiliate Network, subject to any minimum payout thresholds specified in your account. The target timeframe for You receiving funds is within 120 days of the qualifying sale, but this is dependent on the Affiliate Networks' payment schedules and is not guaranteed.
6.6. Payouts will be made via the payment method specified in your account. You are responsible for providing accurate payment information and for any fees associated with your chosen payment method or currency conversions.
6.7. You are solely responsible for any taxes applicable to the payments you receive from 37x.com.
7.1. Each party (the "Receiving Party") agrees to protect the Confidential Information of the other party (the "Disclosing Party") using the same degree of care it uses for its own confidential information (but no less than reasonable care).
7.2. The Receiving Party shall not use the Disclosing Party's Confidential Information except as necessary to perform its obligations or exercise its rights under this Agreement.
7.3. The Receiving Party shall not disclose Confidential Information to any third party without the Disclosing Party's prior written consent, except to its employees, agents, or contractors who have a need to know and are bound by confidentiality obligations substantially similar to those herein.
7.4. These obligations do not apply to information that becomes public knowledge without breach of this Agreement, was known prior to disclosure, is independently developed, or is required to be disclosed by law (provided notice is given to the Disclosing Party where legally permitted).
7.5. Upon termination of this Agreement, each party shall return or destroy the other's Confidential Information upon request.
The 37x.com Platform includes various features to enable the creation and operation of User Stores. Key features include:
9.1. Each party shall comply with its respective obligations under Data Protection Legislation.
9.2. Our processing of personal data is governed by our Privacy Policy, available at https://www.37x.com/privacy-policy.
9.3. You are responsible for ensuring that your use of the Platform and your User Store (including any collection of visitor data) complies with Data Protection Legislation, including providing necessary notices and obtaining consents where required.
10.1. This Agreement commences on the date You accept it (e.g., by registering an account) and continues until terminated by either party ("Term").
10.2. You may terminate this Agreement at any time by closing your account through the Platform interface or by contacting help@37x.com.
10.3. 37x.com may terminate this Agreement or suspend your account at any time, with or without cause, by providing notice to You (email sufficient). Reasons for termination may include, but are not limited to, breach of this Agreement, inactivity, or discontinuation of the service.
10.4. Upon termination:(i) Your license to use the Platform ceases immediately.(ii) Your User Store will be deactivated.(iii) Any outstanding Net Revenue due to You (subject to minimum thresholds and receipt of funds from Affiliate Networks) will be paid out in the next scheduled payment cycle.(iv) Clauses that by their nature should survive termination (including, but not limited to, Confidentiality, Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law) shall survive.(v) Each party shall return or destroy the other's Confidential Information upon request.
11.1. Each party represents and warrants that it has the full right, power, and authority to enter into and perform its obligations under this Agreement.
11.2. You represent and warrant that your User Content and operation of your User Store do not and will not infringe any third-party rights (including Intellectual Property Rights and privacy rights) or violate any applicable laws or regulations.
11.3. Disclaimer of Warranties: EXCEPT AS EXPRESSLY STATED HEREIN, THE PLATFORM AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 37X.COM DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 37X.COM DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 37X.COM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT (INCLUDING AI-GENERATED CONTENT OR MERCHANT PRODUCT INFORMATION) OR THE RESULTS OF USING THE PLATFORM (INCLUDING ANY EARNINGS). 37X.COM IS NOT RESPONSIBLE FOR THE ACTIONS, POLICIES, OR PERFORMANCE OF ANY THIRD-PARTY AFFILIATE NETWORK OR MERCHANT.
12.1. SUBJECT TO CLAUSE 12.3, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY UNDER OR IN CONNECTION WITH THIS AGREEMENT (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE) FOR ANY:(a) LOSS OF PROFITS;(b) LOSS OF SALES OR BUSINESS;(c) LOSS OF AGREEMENTS OR CONTRACTS;(d) LOSS OF ANTICIPATED SAVINGS;(e) LOSS OF USE OR CORRUPTION OF SOFTWARE, DATA OR INFORMATION;(f) LOSS OF OR DAMAGE TO GOODWILL; OR(g) SPECIAL, INDIRECT, OR CONSEQUENTIAL LOSS.12.2. SUBJECT TO CLAUSES 12.1 AND 12.3, 37X.COM'S TOTAL AGGREGATE LIABILITY TO THE USER UNDER OR IN CONNECTION WITH THIS AGREEMENT (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE) SHALL BE LIMITED TO THE TOTAL AMOUNT OF REVENUE SHARE PAID BY THE USER (OR RETAINED BY 37X.COM FROM COMMISSION REVENUE GENERATED BY THE USER STORE) DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.12.3. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE EITHER PARTY'S LIABILITY FOR:(a) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE;(b) FRAUD OR FRAUDULENT MISREPRESENTATION; OR(c) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
13.1. You agree to indemnify, defend, and hold harmless 37x.com, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:(a) Your breach of this Agreement (including any representations or warranties);(b) Your User Content, including any claim that it infringes third-party rights;(c) Your use of the Platform in violation of applicable laws or regulations;(d) Your operation of the User Store, including any claims related to advertising or disclosures;(e) Your use and publication of AI-Generated Content.
14.1. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
14.2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
15.1. Entire Agreement: This Agreement (including the Privacy Policy) constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior agreements, understandings, or arrangements. Each party acknowledges that it has not relied on any statement, promise, representation, assurance, or warranty made or given by or on behalf of the other party which is not set out in this Agreement.
15.2. Modifications: 37x.com reserves the right to modify this Agreement at any time. We will provide notice of significant changes (e.g., via email or a notice on the Platform). Your continued use of the Platform after changes become effective constitutes your acceptance of the revised Agreement.
15.3. Waiver: No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
15.4. Severability: If any provision of this Agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision shall not affect the validity and enforceability of the rest of this Agreement.
15.5. Assignment: You may not assign, transfer, or sublicense any of your rights or obligations under this Agreement without the prior written consent of 37x.com. 37x.com may freely assign or transfer its rights and obligations under this Agreement without restriction.
15.6. No Partnership/Agency: Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute any party the agent of another party, or authorize any party to make or enter into any commitments for or on behalf of any other party.
15.7. Third Party Rights: Except as expressly provided otherwise, this Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
15.8. Notices: Notices to 37x.com should be sent to help@37x.com. Notices to You will be sent to the email address associated with your account. Email notice is deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.
15.9. Force Majeure: Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control (a "Force Majeure Event").
For questions regarding these Terms and Conditions, please contact us at help@37x.com.