Updated on: 08/31/2018
By signing up to be an Affiliate in BeRush Affiliate Program you are agreeing to be bound by the following terms.
Please ensure that you read BeRush Affiliate Program Terms carefully before signing up.
- You may not use BeRush Affiliate Program for any illegal or unauthorized purpose. While using either BeRush
or SEMrush Services, you must not violate any laws in your area/state/country.
- Affiliates may not share their Commission, received through BeRush Affiliate Program, with End Users.
Commission cannot be split in any way between you, your employees and any other Third Party, including End
- You can not use and mention in any way: (i) SEMrush and BeRush brand name as a keyword in your advertising
campaigns across all search engines, including any misspellings in the brand name; (ii) Use SEMrush or
BeRush brand name in the domain name of Your website, including any misspellings of the brand name.
- You may not modify the trademarks, banners, the content or any of the images provided to you in any way,
without our prior written consent.
- Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally
attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually
“refreshing” of pages, for the sole purpose of creating Commissions. ANY ATTEMPTED FRAUD OR FRAUD OR ANY
HARMFUL ACTION WILL RESULT IN ACCOUNT CANCELATION AND VOIDED COMMISSIONS.
- You cannot SPAM. We will terminate Your Account on the first offense of spamming. Do not send emails to
lists or groups that you do not have permission to send them to. We cannot stress this enough, we will
terminate Your Account on the first offense.
- You will not receive Commissions for self-referrals and for Affiliates, who violate our BeRush Affiliate
Program Terms. You are also not allowed to refer the company you work for and receive Commissions for that.
AGREEMENT BETWEEN YOU AND US.
BeRush Affiliate Program Terms is a legal agreement between Semrush Inc., a Delaware corporation, with its
principal place of business at 8 Neshaminy Interplex, Suite 207, Trevose, PA 19053, USA (“SEMrush”, “BeRush”,
“we”, “us” or “our”) and you (“Affiliate”, “you”, “your” or “yours”). The purpose of this Agreement is to allow
linking between Your website, your marketing activity, etc. and semrush.com website. This Agreement is a legal
document so the language is necessarily “legalese”, but we have tried to make it as readable as possible.
“Affiliate” means any person or legal entity, which completed the signup process on www.berush.com and
became the participant of BeRush Affiliate Program. You can’t be an Affilate if you are individual, corporation,
trust, etc. who are in a position to influence SEMrush's decisions. It includes officers, directors,
stockholders and employees of SEMrush, and their immediate families.
“BeRush Affiliate Program” is a revenue-sharing program, which SEMrush has developed and operates, where
you, the Affiliate, use marketing methods to promote our services and drive traffic to semrush.com according to
the provisions of this Agreement.
“Commission” means the monetary compensation you receive, according to the Section 7 hereof, for
participating in BeRush Affiliate Program; the Commission consists of percent of your total sale amount. The
sale occurs when an End User visits semrush.com through a Reference Link and makes payment for SEMrush
“Commission Payment” refers to payments systems, through which you can receive your commission. You can
currently receive your commission through PayPal or Wire transfer. Minimum threshold for PayPal payments is $50,
whereas for a wire transfer, the minimum amount is $1000. Payments are processed twice a month: on the 10th and
25th days of each month. If the set day falls on a weekend or public holiday, we reserve a right to make the
payment on the first weekday following that weekend or on the first workday, following that public holiday.
“Reference Link” means a link that leads to semrush.com and contains your reference ID. You will receive
your reference ID only after becoming the participant of BeRush Affiliate Program.
“Cookie life period” means 10 years from the date of End User's first arrival on www.semrush.com through
Affiliate's Reference Link according to BeRush Affiliate Program Terms. You will receive Сomission during the
period of 10 years for as long as the End User maintains the Subscription on semrush.com or until terminated by
either party in accordance with these BeRush Affiliate Program Terms.
“End User” means the authorized actual user of SEMrush Service, who registers for a free/paid account on
“Net Revenuer” means the initial subscription fee, any renewal fees, and any upgrade or downgrade fees
that are actually paid to us by an End User for SEMrush Service on semrush.com. Net Revenue shall: (i) be
calculated net of any discounts, taxes payable (ii) be calculated including any subsequent refunds to End User.
“SEMrush Service” means the access to online marketing platform, applications and tools, that you view or
subscribe for, that are developed, maintained, operated by us, accessible via www.semrush.com.
“Third Party” means any individual or legal entity, other than the party to this Agreement.
“Your Account” means a specific account within the BeRush Service, where your personal information is
stored and where you can track your affiliate activity, including payment information.
“Your website” or “Affiliate website” means the World Wide Web site that you state during the
signup process, which is owned or operated by you.
We grant you, subject to the limitations set forth below, a non-transferable, non-exclusive right to: (i)
demonstrate and promote the SEMrush Service to your prospects and customers, and (ii) to provide End Users
access to use the SEMrush Service in accordance with this Agreement and the SEMrush Terms and Conditions,
provided that End Users agreed to the SEMrush Terms and Conditions. At our discretion, we will provide limited
support to all our Affiliates. You can reach us by sending an email to [email protected] You may place banners or
Reference Links within your newsletters, on Your website, or within other web related content.
- You must provide your full legal name, a valid email address, a valid domain name of the website you own or
operate and all other information requested in order to complete the signup process on berush.com. All
information you provide in your profile must be truthful. You are solely responsible for all the information
you provide in Your Account profile and on the website that you own or operate.
- As an Affiliate, you can only have 1 account. You can list multiple domains in one account, but only one
account is allowed.
- All Affiliates must submit w8/w9 forms on berush.com upon reaching the $50 threshold. Scanned or
electronically filled out and signed copies of these forms must be uploaded to Your Account on
www.berush.com. If forms are not properly filed or submitted on time, payments will be delayed.
- You will be solely responsible for the development, operation, and maintenance of Your website and for all
materials that appear on Your website. You should ensure that materials posted on Your website do not
violate or infringe upon the rights of any Third Party (including, for example, copyrights, trademarks,
privacy, or other personal or proprietary rights). You will be solely responsible for the accuracy,
truthfulness, and appropriateness of materials posted on Your website. We do not endorse or accept any
responsibility for any links, that lead from Your website to any other website apart from www.semrush.com
and for any content that can be found by following these links to Third Party websites.
- From time to time SEMrush may change Subscription prices, therefore these changes may affect both the
commission you will earn and the truthfulness of the information you will provide. We cannot guarantee the
availability of subscriptions at the prices that you list on Your website, if they are outdated.
BeRush respects the privacy of its users and will not disclose personal information to Third Parties without the
To be eligible to earn a Commission, the End User must purchase SEMrush Subscription within the stated
cookie life period of coming to semrush.com through the Reference Link from Your website, email, or
other communications. If a sale occurs after cookie life period expires and the End User has not
returned through the Reference Link and purchased the SEMrush Subscription, then no Commission shall
For avoidance of doubt commissions shall be paid only for purchases of brand new referrals, that occur
after the End User clicked on your particular reference link(s) containing your reference ID, directly
from the website. In other words, to be eligible for a commission, the End User you referred shall be a
new user for SEMrush, shall use your reference link to register and subsequently purchase an account and
shall purchase a plan directly from www.semrush.com: Pro, Guru and
Business subscriptions, both monthly
and annual. Commissions shall not be paid for any direct purchases from any of the SEMrush sales
representatives or SEMrush agents and resellers, or for purchases of any custom or discounted accounts.
Notwithstanding the above, if the End User, previously referred by the Affiliate, upgrades his/her
account to a custom or discounted SEMrush Subscription, the referring Affiliate receives a partial
commission of 20% from SEMrush Subscription price, up to a maximum amount of USD1900.
- Your Commission is equal to 40% (forty percent) of the total sale amount. Commission Payments are processed
twice a month: on the 10th and 25th days of each month: payments on the 10th day cover sales accrued between
the 16th and 31st days of the previous month, and payments on the 25th day cover sales accrued between the
1st and 15th days of the current month. Commission payments are made every time Your Account balance reaches
a minimum threshold of $50 (fifty USD). Payments are made with the following systems: PayPal and Wire
Transfer. Please note that a minimum amount for Wire Transfer is $1000 (one thousand USD). We also draw your
attention to the fact that the money credited to Your Account does not accrue interest. Commissions are only
earned on paid accounts. If the End User cancels or does not pay for SEMrush Subscription after the trial
period is over, asks for a refund or uses limited free registration, no Commissions will accrue. Commission
structure is subject to change at our discretion.
- Commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing
methods will be voided. Fraudulent activities will also result in immediate account cancelation.
- All statistics are collected and calculated by BeRush, and will be the only valid statistics used for
- Сhargeback fee will be deducted from your earned commission.
RECURRING COMISSIONS AND COOKIE DURATION
We will pay you Commission for as long as the End User maintains a Subscription on semrush.com and their cookie
life is valid, provided that you remain eligible to receive a Commission pursuant to BeRush Affiliate Program
Terms. If at any time the End User account is cancelled, suspended or refunded, you will become ineligible to
receive Commission on any future fees collected from that End User.
- This Agreement starts upon Your Account confirmation through the confirmation link in e-mail you receive
during the sign up process on www.berush.com. The Agreement ends when terminated by either party in
accordance with these BeRush Affiliate Program Terms. If you fail, or BeRush suspects that you have failed,
to comply with any of the provisions of this Agreement, BeRush, at its sole discretion, without notice to
you, may terminate this Agreement.
- Termination of this Agreement will result in the deactivation or deletion of Your Account or your access to
Your Account, and the forfeiture and relinquishment of all potential or to-be-paid Commissions in Your
Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or
The Affiliate is not permitted to use any of the content of any websites owned and/or operated by SEMrush without
written consent and the Affiliate shall not frame any pages or parts of any pages of the semrush.com, berush.com
or any other website nor will the Affiliate create the impression that the Affiliate website is semrush.com or
berush.com or any part of semrush.com or berush.com. The Affiliate agrees not to make any representations and/or
give any warranties and/or guarantees relating to SEMrush Services and/or their efficacy other than those given
by SEMrush and/or as otherwise approved by us in writing.
AFFILIATE INDEMNIFICATION OBLIGATIONS
- You shall defend, indemnify and hold BeRush harmless against all claims, suits, demands, damages,
liabilities, losses, penalties, interest, settlements and judgments, costs and expenses (including
attorneys' fees) incurred, claimed or sustained by Third Parties, directly or indirectly as a result of (i)
your breach of or non-compliance with this Agreement, (ii) your violation of any law, or an alleged
violation of law by BeRush, that is a direct or indirect result of your use of the network service, (iii)
your use of the network service, (iv) your participation in any program, (v) any content, goods or services
offered, sold or otherwise made available by you to any person, (vi) your acts or omissions in using,
displaying or distributing any internet links obtained from the network service or elsewhere, including but
not limited to your use of internet links via email distribution, (vii) any claim that BeRush is obligated
to pay tax obligations in connection with payment made to you pursuant to this Agreement, and (viii) any
violation or alleged violation by you of any rights of another, including breach of a person's or entity's
intellectual property rights (each (i)-(viii) individually is referred to hereinafter as a “Claim”).
- Should any Claim give rise to a duty of indemnification under this Section, BeRush shall promptly notify
you, and BeRush shall be entitled, at its own expense, and upon reasonable notice to you, to participate in
the defense of such Claim. Participation in the defense shall not waive or reduce any of your obligations to
indemnify or hold BeRush harmless. Affiliate shall not settle any Claim without BeRush prior written
consent. You also shall indemnify for any reasonable attorneys’ fees or other costs incurred by an
indemnified party in investigating or enforcing this Section. In the context of this Section only, the term
“BeRush” shall include officers, directors, employees, corporate affiliates, subsidiaries, agents, and
Each party represents and warrants to the other party as to itself that the person executing this Agreement is
authorized to do so on such party’s behalf. IF YOU ARE AN INDIVIDUAL, YOU REPRESENT AND WARRANT THAT YOU WERE AT
LEAST 18 YEARS OF AGE ON THE EFFECTIVE DATE OF THIS AGREEMENT.
You represent and warrant that: (i) you have all appropriate authority to operate, and to post any and all
content on, Your website(s); (ii) you have all appropriate rights to promote with any promotional method you may
choose to use; (iii) Your website(s) and your promotional methods do not and will not infringe a Third Party’s
or BeRush’s proprietary rights; and (iv) you shall remain solely responsible for any and all websites owned
and/or operated by you and all of your promotional methods. BeRush may or may not review all content on Your
website or used by you in your promotional methods.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BERUSH DISCLAIMS ALL WARRANTIES IMPLIED, INCLUDING,
BUT NOT LIMITED TO: (I) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY
RIGHTS, (II) THAT THERE ARE NO VIRUSES OR OTHER COMPONENTS, (III) THAT BERUSH SECURITY METHODS WILL BE
SUFFICIENT, (IV) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (V) AGAINST INTERFERENCE WITH ENJOYMENT OF
AFFILIATE THE PUBLISHER'S INFORMATION OR WEBSITE. ALL INFORMATION AND COMPUTER PROGRAMS PROVIDED TO YOU IN THE
COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. BERUSH IS, UNDER NO CIRCUMSTANCES, RESPONSIBLE FOR THE PRACTICES,
ACTS OR OMISSIONS OF ANY AFFILIATE, OR AFFILIATE WEBSITE(S), AND/OR THE CONTENT OF AFFILIATE WEBSITE OR THAT THE
AFFILIATE MAKES AVAILABLE THROUGH THE NETWORK SERVICE.
LIMITATION OF LIABILITIES
- ANY OBLIGATION OR LIABILITY OF BERUSH UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL OF YOUR COMMISSIONS
PAID TO YOU BY US UNDER THIS AGREEMENT DURING THE YEAR PRECEDING THE CLAIM. NO ACTION, SUIT OR PROCEEDING
SHALL BE BROUGHT AGAINST THE OTHER PARTY TO THIS AGREEMENT MORE THAN ONE YEAR AFTER THE TERMINATION OF THIS
AGREEMENT. YOU AGREE THAT BERUSH SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY (INCLUDING BUT NOT LIMITED
TO A CLAIM BY ANOTHER AFFILIATE OR ANY THIRD PARTY OF THE NETWORK SERVICE), FOR ANY CONSEQUENTIAL,
EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, LOST
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR CLAIM
- The Affiliate accepts that the operation of the BeRush Affiliate Program, Reference Links or the berush.com
may not be completely free of interruption, errors or omissions and BeRush is not liable for the
consequences of any interruptions or errors in the performance or content of the berush.com or Reference
No remedy or election shall be deemed exclusive but shall, wherever possible, be cumulative with all other
remedies at law or in equity.
- Export Restrictions. Exports, re-exports, and transfers of either BeRush or SEMrush products and
services, including technology, software, software source code, technical data, related technology, and the
direct products thereof, including the Website content and the Services (the “SEMrush Items”) are
subject to US export controls and sanctions, the most important of which are administered by the Commerce
Department’s Bureau of Industry and Security (“BIS”) under its Export Administration Regulations
(“EAR”), the Treasury Department’s Office of Foreign Assets Controls (“OFAC”) under its
Foreign Assets Control Regulations, and other applicable export control laws and regulations of non-U.S.
government agencies. You may not access, download, distribute, use, export, or re-export the SEMRush Items
in violation of United States export laws or regulations, or in violation of any other applicable laws or
regulations. You agree to comply with all export laws and restrictions and regulations of any United States
or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the
SEMRush items in violation of any such restrictions, laws or regulations, or without all necessary
approvals, including, without limitation, for the development, design, manufacture or production of nuclear,
chemical or biological weapons of mass destruction nor will you use the SEMrush Items for a military end-use
or a military end-user in China, Russia or any other country designated in EAR Supplement No. 1 to Part 740,
Country Group D1. The SEMrush Items may not be downloaded or otherwise provided or made available, either
directly or indirectly, (i) into Iran, Libya, North Korea, Sudan, Myanmar, Syria or any other country
subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or
residents of such countries other than nationals who are lawfully admitted permanent residents of countries
not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By
agreeing to this Agreement, you agree to the foregoing and represent and warrant that you are not located
in, under the control of, or a national or resident of any such country or on any such list and that you
will not share the SEMRush Items with anyone whose status is described in items (i) and (ii) above.
- Headings and References. Headings of Sections are for the convenience of reference only. Words
indicated in quotes and capitalized signify an abbreviation or defined term for indicated words or terms,
including those definitions contained in the opening paragraph.
- Relationships. You and BeRush are independent contractors, and nothing in these BeRush Affiliate
Program Terms will create any partnership, joint venture, agency, franchise, sales representatives, or
employment relationship between you and us. You will have no authority to make or accept any offers or
representations on our behalf. You will not make any statement, whether on Your website or otherwise, that
reasonably contradict anything in these BeRush Affiliate Program Terms.
- Choice of Law/Attorneys’ Fees. This Agreement is governed by the laws of the State of Pennsylvania
(USA), except for its conflict of law provisions. The exclusive forum for any actions related to this
Agreement shall be in the state courts, and, to the extent that federal courts have exclusive jurisdiction,
in Philadelphia, Pennsylvania, USA. The parties consent to such venue and jurisdiction and waive any right
to a trial by jury. The application of the United Nations Convention on the International Sale of Goods is
expressly excluded. A party that primarily prevails in an action brought under this Agreement is entitled to
recover from the other party its reasonable attorneys’ fees and costs.
- Place of control. Headings of Sections are for the convenience of reference only. Words indicated in
quotes and capitalized signify an abbreviation or defined term for indicated words or terms, including those
definitions contained in the opening paragraph.
- Headings and References. BeRush controls and operates its website from its offices in the USA and
access or use where it is illegal is prohibited.
- Third Party Disputes. In the event of a Third Party claim against either: (i) BeRush intellectual
property; or (ii) against BeRush right to offer any service or good on berush.com or semrush.com, or if, in
BeRush opinion, such a claim is likely, BeRush shall have the right, at its sole option and in its sole
discretion, to (a) secure the right at BeRush expense to continue using the intellectual property or good or
service; or (b) at BeRush expense replace or modify the same to make it non-infringing or without
- Tax Status and Obligations. BeRush is not obligated to and shall not provide you with tax and/or
legal advice. BeRush undertakes no duty to investigate or research your tax status and/or obligations, and
such research and investigation is solely your responsibility. You are obligated to independently assess and
comply with all relevant tax and legal requirements, and you are responsible for your own sales tax
collection and reporting obligations arising from Commission income. If BeRush provides you with
information, that information shall not be deemed tax or legal advice, and BeRush shall not be responsible
for the accuracy of such information.
- Severability. If any provision of these BeRush Affiliate Program Terms is held by any court of
competent jurisdiction to be illegal, null or void or against public policy, the remaining provisions of
BeRush Affiliate Program Terms shall remain in full force and effect. You and us shall in good faith attempt
to modify any invalidated provisions to carry out the stated intentions in BeRush Affiliate Program Terms.
- Waiver. The waiver of any breach of any provision under this Agreement by you or by us shall not be
deemed to be a waiver of any preceding or subsequent breach, nor shall any waiver constitute a continuing
- Marketing. You agree that BeRush may identify you as a BeRush Affiliate and may use your name and/or
logo solely for such purpose in its marketing materials. Any other uses of your name and/or logo not
otherwise described or contemplated herein shall require your prior written consent.
- Amendment. BeRush have the right to change, modify or amend (“Change”) these BeRush Affiliate Program
Terms, in whole or in part, by posting a revised BeRush Affiliate Program Terms on berush.com. Your
continued use of the BeRush Service after the date of such Сhange shall be deemed your acceptance of the
revised BeRush Affiliate Program Terms. The information about the previous versions of BeRush Affiliate
Program Terms you can find on berush.com
- Assignment and Acknowledgement. You confirm that you have read, acknowledge and agree to all the
terms and conditions of BeRush Affiliate Program Terms. You acknowledge that you have independently
evaluated the desirability of accepting BeRush Affiliate Program Terms and are not relying on any
representation, guarantee, or statement other than as set forth in BeRush Affiliate Program Terms. Neither
party may assign this Agreement without the prior express written permission of the other party.
- Notices. All notices, requests, claims, demands and other communications regarding these BeRush
Affiliate Program Terms are welcomed and should be addressed to: [email protected]
Tel.: +1 408 844 4633
Mail: [email protected]