Company will provide Affiliate with Marketing Materials:
1. Marketing Materials. ((the “Marketing Materials”) Company shall make available marketing materials to Affiliate which will include tracking links, banners and/or other graphic material upon request for display and use on the Affiliate website.
Emails to newsletter subscribers to Affiliate’s subscribers or client base is also an acceptable way to promote the products. However, if you use spam (including email and newsgroup spamming), or offer the products on any spam oriented website, your affiliate account will be immediately terminated.
2. Use of Marketing Materials. Affiliates shall only use advertising content and information supplied by Company. The affiliate will adhere to the following terms:
a. Affiliate shall not create other graphic materials or publish and promote the Company’s website/ products with their own materials except for the Marketing Materials provided. Affiliates may not alter, modify or change the promotional content and/ or information in any way unless prior written approval is given
b. Affiliate may only use the Marketing Materials for the purpose of promoting Company’s website / products, and for linking to Company’s website.
c. Affiliate will not modify the Marketing Materials in any way as they are prepared by Company. Only with written permission can the Affiliate modify Marketing Materials.
d. The Marketing Materials will be used to link only to Company’s website/ products. Affiliate must also ensure that no information about Company products and services on Affiliate’s Website is incorrect or out of date.
e. Affiliates must only use discount messaging sent to them by Company.
f. Bidding on the Company brand, brand misspellings as keywords or search terms for the purposes of PPC advertising on search engines is forbidden.
g. Using the Company brand or brand misspellings in the written copy of adverts for PPC marketing on search engines is forbidden.
h. Affiliates may only promote codes that are provided through the Company affiliate program, either through the interface or directly from the Company Affiliate Manager.
i. Affiliates may not promote voucher codes that are exclusive to a different affiliate. The Company reserves the right to withhold payment of commission on all sales where an exclusive voucher code to another partner has been used.
3. Intellectual Property.
a. Nothing contained in this Agreement will grant either Party any right, title to or interest in the Intellectual Property Rights of the other Party. For the avoidance of doubt, nothing in this Agreement shall constitute any license, assignment, transfer or any other right to any Intellectual Property Rights.
b. Affiliate agrees not to use the Company link, content or information, or otherwise act, in a manner that disparages Company, its products or services, or portrays Company or its products or services in a false light. Affiliate will comply with Company’s requests as to the use of the Company link or its other Intellectual Property Rights and will not knowingly or negligently take any action that diminishes the value thereof.
c. Company reserve all intellectual property rights. Company may revoke your license at any time by giving you written or email notice.
d. All Intellectual Property is, shall be and shall remain the exclusive property of Company.
4. Application Process.
a. To begin the application, you will submit the complete Program application form.
b. As part of the registration process, you will select a username and password combination that you will use to access your Affiliate account. You shall provide us with accurate, complete and updated registration information.
c. Affiliate will submit the complete affiliate application form, which is reviewed within 72 hours of receipt.
d. Company reserves the right to refuse any registration in its sole and absolute discretion.
Unsuitable applicants include, for example, sites that promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, promote illegal activities or violate intellectual property rights or from websites who we deem not to be a good fit for our brand.
e. By completing and accepting the Affiliate Application the Affiliate accepts, and agrees to abide by, all the terms and conditions of the Agreement.
5. Tracking Links:
The Company provides the Affiliate with a unique tracking link, which uses a 30-day cookie. The Affiliate will be credited for any sale that occurs on a return visit within the 30 days. The Affiliate will be solely responsible for ensuring that these special tracking links are formatted properly, a necessary prerequisite to tracking such sales. Statements of product sales activity will be available by Affiliate logging into the affiliate account where sales reports are located.
a. The Company agrees to pay the Affiliate the Commission. In exchange for Affiliate’s display of the Marketing Materials, Company shall pay to Affiliate a commission (the “Commission”) in the amount of a percentage of product sold to a user that accesses Company’s website through a link on Affiliate’s website. The Commission is calculated at the end of each month.
The Standard commission level is as follows:
Product Customer Price Affiliate Commission (10% of Sale)
1 Month Subscription $12 $1.20
3 Month Prepaid $36 $3.60
6 Month Prepaid $72 $7.20
12 Month Prepaid $144 $14.00
b. Company uses ShareASale tracking software which keeps accurate and up-to-date records of the sales data used to determine the total amount of Commissions owed to Affiliate.
c. Commission payments are made within 30 days of the end of the previous calendar month for the preceding months' earnings. The monthly Affiliate commission payment will be paid using checks.
d. A previously approved commission from your Affiliate account may be removed due the fact that a customer requested a refund, the sale turned out to be fraudulent, a chargeback or the customer’s credit card was declined.
e. If on any Commission Payment Date, the amount of total Commissions accrued and payable to Affiliate is less than $25 USD, then such accrued and payable balance shall be held over to the following month, and paid together with the Commissions due for that month.
f. In the event that Affiliate materially breaches this Agreement and Company terminates this Agreement within 30 days of such breach, then any accrued and payable Commissions owing to Affiliate shall be forfeited, and Company shall not be obligated to pay such Commissions to Affiliate.
g. The Affiliate agrees to return all Commissions received based on fraudulent or falsified transactions and indemnify the Company for all costs and losses incurred in relation to such transactions (including, but without limitation, legal fees and costs).
7. Product Prices:
The price charged for every product sold under this program will be determined by the Company according to the Company’s pricing policies and will from time to time change.
8. Agreement Modification:
The Company may make changes to these terms and conditions of this agreement, at any time and in its sole discretion, by posting a new agreement on our website..
a. This Agreement shall take effect immediately, and shall remain in full force and effect indefinitely, or until terminated pursuant to this Section 9.
b. Either Party shall have the right to terminate this Agreement at any time and for any cause. The terminating Party must give written notice to the other Party at least 30 days prior to the intended date of termination.
10. Taxes and VAT. Company shall not be responsible for any taxes owed by Affiliate arising out of Affiliate’s relationship with Company as set forth in this Agreement. Affiliate is responsible for all tax and VAT. Company shall not withhold any taxes from the Commissions paid to Affiliate.
11. Limitation of Liability. Company shall not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether Company was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement.