You are free to promote your own web sites, but naturally any promotion that mentions Merchant.com could be perceived by the public or the press as a joint effort. You will receive it in Word and PDF formats. An Affiliate Agreement is a document through which two parties, the company and the affiliate, form a relationship whereby the affiliate receives funds for certain qualified actions. Your Terms and Conditions agreement will outline your relationship to your users and your users' relationship to the content on your site. The referral fee will be credited to your Affiliate account once the customer pays their subscription. However, the creators have added a "Links to Other Sites" section that covers both the affiliate program and any third party links it shares: This clause is optional and could be well-used by blogs that don't collect data beyond Cookies via AdSense and other third parties. You must be 18 years of age or older to join this Program. Testimonials We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control (a Force Majeure Event). Just provide us with the details, and well either set up an exploratory call or give you our free quote right away. Members that make a Affiliate agreement sometimes need additional documents. Creating a Terms and Conditions is as much about holding your business accountable as it is about informing your customers. A converted lead is a lead that is sent from the affiliate directly to the merchant that results in a sale or a specific action. Merchant.com reserves the right to terminate this Agreement and your participation in the Merchant.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the Merchant.com Affiliate Program or should you abuse this program in any way. Merchant.com Affiliate Manager. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation. Generate a free End-User License Agreement (EULA). The Gear Junkies Privacy Policy includes all the standard information but has a clause dedicated specifically to its affiliate programs. YOU MAY PRINT THIS PAGE FOR YOUR RECORDS. 3.1. Finally, the site also includes a brief section on third-party links and advertisers: Here the Terms and Conditions state that just because a link is provided on The Penny Hoarder doesn't mean it represents The Penny Hoarder. This document should ideally be used by a company looking to create a comprehensive agreement for new affiliates. Promotes sexually explicit materials PrivacyPolicies.com Legal writer. by Nicole Olsen MERCHANT.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING MERCHANT.COM SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF MERCHANT.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. In fact, Google AdSense Terms & Conditions requires participating websites to have a Privacy Policy because it protects not only your website but the integrity and legality of the AdSense program (and Google's bottom line). Once you have signed up for the Program you will be provided with a URL link that must be used to identify you when placing a link from your site, email or other communications to the Easy Project website. You will be able to modify it. Keep your affiliate marketing tactics in line with the law by adding a disclaimer, Privacy Policy, and Terms and Conditions to your website. We may cancel your application if we determine that your site is unsuitable for our Program, including if it: 2.1.1. Each account is for use by either a single legal entity (e.g. More and more affiliate programs also demand FTC compliance in their own Terms of Use because your compliance reflects their own - and no one wants to get fined or even shut down for violated marketing standards. Download our free Terms and Conditions template. It will lay out the basic terms of business, including the commission on subsequent sales, the placement and maintenance of links, and allows the parties to ensure that the affiliate will conduct themselves responsibly and fairly in the course of driving traffic to the merchants website. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Merchant.com or any other affiliated business. Any violation of these Terms may result in, among other things, termination or suspension of your rights to be an Affiliate and forfeiture of any outstanding affiliate referral fee payments earned during the violation. Putting together a Privacy Policy is simple and it should be one of the first pages to launch on your website. All notices given by you to us must be given to Easy Software Ltd. atinfo@easyproject.com. Speaking Engagements Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. In 2018, PwC surveyed a sample of 1,000 Americans between 18-64 to learn more about the awareness of voice technology. Referral fees are only earned if a customer makes a payment in full. It's easy to cancel at any time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular service. Continued use of the Program after any such changes shall constitute your consent to such changes. The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. For quickest results please email us at [emailprotected] You can also reach us via phone, toll-free: 1-888-588-8866. More and more customers expect to know what data you collect and how your site uses it. 3.2. We may reject your application at our sole discretion. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. Parasiteware and Parasitic Marketing shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Merchant site in IFrames, hidden links and automatic pop ups that open Merchant.coms site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application. A converted lead can be any user who either: who registers and pays for any of the merchants products, services or both. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with. Gal Meets Glam is a fashion and lifestyle blog that participates in both affiliate programs and advertising schemes. Your documents are stored securely online so you can access them from any device when you need to. We will not pay referral fees if someone says they signed up through you but it was not tracked by our system. Use this affiliate agreement for any business in England, Wales or Scotland. This applies both to content and to advertising that appears on the site. In such event, you will be notified by email. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Rating: This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Merchant.com's Affiliate Program. At the end, you receive it in Word and PDF formats. If we fail, at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled hereunder, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. To begin the enrollment process, you will complete and submit the online application at the ShareASale.com server. 8.3. More importantly, your visitors have a right to know how their data is used - and you have an obligation to tell them, particularly if you're generating revenue from their patronage. However, adding a clause like this to a Privacy Policy in addition to a separate disclaimer is a great way to make sure users have multiple chances to see the information: There's also a clause for advertising that mentions the use of third party cookies (such as those from Google AdWords): This is a great example of how you can use your Privacy Policy to help comply with affiliate marketing requirements. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written. Affiliate Agreements in the United States are subject to both Federal laws and specific state laws, which cover general contract principles like formation and mutual understanding. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. Use words that trigger the consumer to associate you with money, like "commission" and "compensation.". Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age For the sale of a subscription to be eligible to earn a referral fee, the customer must click-through a link from your site, email, or other communications to the Easy Project website and sign up within 90 days of the initial click-through. Running an affiliate marketing business means you need to comply with marketing standards set out by the FTC. Accrued referral fees are paid via bank transfer roughly once per month and only when your accrued referral fees total 500 or more. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MERCHANT, INC. (DBA MERCHANT.COM). That's because it's an essential part of any website that generates content. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing. The maintenance and the updating of your site will be your responsibility. What's included in an affiliate agreement. FAQs You may use mailings to customers to promote Merchant.com so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. Although Danielle sells her own cookbooks, she also participates in affiliate programs by linking directly to the products she uses at home or products she's marketing as part of a brand partnership. Merchant.com reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you. in an editable form (1 text of a generic agreement, and 20 platform-specific ones covering Admitad, Affiliate Future, Avangate, AvantLink, Awin, CJ, ClickBank, CommissionFactory, Impact, LinkConnector, PaidOnResults, Partnerize, Pepperjam, Refersion, Rakuten Affiliate Network, RevenueWire, ShareASale, ShareResults, Tradedoubler, TradeTracker, and Webgains). The agreement is a contract between the two parties. Protect your business when you enter into an agreement for a marketing or a referral program. Place the disclaimer in an obvious spot. Affiliate Agreements are very common nowadays, as many individuals who choose to work online can make significant income from affiliate relationships, depending on the reach of their websites or social media. Affiliation agreement, 15.2. A Terms and Conditions page for affiliate marketing isn't legally required, but it's very highly recommended. We will do everything possible to contact the affiliate prior to the ban. 15.3. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance. No content may be copied from this website without express written permission from AM Navigator LLC. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party. It is designed to be straightforward and comprehensive so that both parties know where they stand and needless disputes can be avoided. You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. Online Affiliate Agreement, Affiliate Program Agreement, Program Agreement for Affiliates, Affiliate Agreement for Online Partners, Affiliate Partner Agreement, Intellectual Property and New Technologies, Agreement for Offering Online Seminars Due to COVID-19/Coronavirus, Intellectual Property Cease and Desist Letter. 8.4. 9.2. drafting bespoke terms in your affiliate agreement. Upon Program termination, Easy Software will pay any legitimate outstanding earnings. You may not use our name or graphics in any bulk email whatsoever unless we have given our advanced written consent. The agreement is slanted towards the company - as most often, the company must ensure that all of their needs are covered. Get compliant today with PrivacyPolicies.com. You also likely don't store or manage the data the same way. We promise. For our systems to track the referral, the visitor must have cookies enabled. The team reviews airlines, hotels and credit cards to help even infrequent travels make the most of loyalty programs and earn freebies. If so, you'll need to know all about the particulars of Privacy Policies and privacy laws within your industry. We are strong believers in straight-forward and honest communication. Affiliate Agreements, as mentioned above, are not bargained for, and therefore filling out this template just one time and posting it on the company website will be sufficient. Here you will be able to review our Programs details and previously-published affiliate newsletters, download HTML code (that provides for links to web pages within the Merchant.com web site) and banner creatives, browse and get tracking codes for our coupons and deals. You can modify it and reuse it. 15.4. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder. You might be interested in: Find trusted documents for hundreds of purposes. In this article, we'll discuss the elements of a Privacy Policy and why it's required. You will have no authority to make or accept any offers or representations on our behalf. Easy Software, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Easy Software service, for any reason at any time. (d) any liability which cannot be excluded or limited under applicable law. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. At the end of the day, you'll set yourself apart from the cowboys and develop a stronger relationship with customers, which is what running a business is all about. Save yourself the hassle of creating your own affiliate program agreement. Want to be totally transparent? Here's a quick example of how you can customize your T&Cs for your unique brand: If you accept content from users in any format from articles to message boards, you'll want to outline the relationship in your Terms and Conditions. Your document is ready! Create as many legal documents as you want, ask legal questions, and get advice from On Call Lawyers. You may not modify these images in any way. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Merchant.com Affiliate Program. Accordingly, all of our rules, policies, and operating procedures concerning pricing, customer orders, customer service, and services sales will apply to those customers. Arbitration under this agreement shall be conducted under the rules then prevailing of the England and Wales Arbitration Association. 2.3. 2.1.7. Other names for the document: A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of public or private telecommunications networks; (e) the acts, decrees, legislation, regulations or restrictions of any government. Download our free Cookies Policy template. As a member of Merchant.com's Affiliate Program, you will have access to Affiliate Account Manager. Against All Grain's disclaimer is placed at the bottom of her home page underneath a list of logos of companies she has been featured by. Don't hide it in the sidebar or a jumble of graphics. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. Generate a free Return Policy or a free Refund Policy. Nothing in this legal notice shall exclude or limit the Company's liability for: (a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or, (c) misrepresentation as to a fundamental matter; or. Easy Software reserves the right to refuse service to anyone for any reason at any time. This legal notice shall be governed by and construed in accordance with English law. Not only will you ensure you remain on the right side of the FTC's watch dogs, but your honesty and transparency will earn you points with customers. If they fail to sign up within those 90 days and later return without following your link, you will not earn a referral fee. a company or a partnership) or an individual user. 8.2. Kindly review the networks payment terms and conditions. To govern this, The Penny Hoarder added this User Contributions clause to its Terms of Use: The Penny Hoarder's User Contributions clause allows the site to use user contributions as it sees fit while also ensuring they remain the property of the users. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. Add the affiliate disclaimer close to the links themselves as a reminder to people clicking them that you'll be compensated for the clicks or purchases. No sales pitches. All Rights Reserved. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other. We may terminate the Agreement if any meaningful spam complaints naming us or our services result from your marketing activities. Many users on big social media platforms contract with companies to promote products or services. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights. Answer a few questions to customise your document in minutes, Save progress and finish on any device; download & print anytime, Securely sign online and invite others to sign. 2.1.2. Even if you create a single page for the legal terms, add the disclaimer to every post including and especially the posts that contain affiliate links. Generate a free Privacy Policy for your website or mobile app. 2.1.8. Notice will be deemed received and properly served 24 hours after an e-mail is sent. It is your responsibility to ensure each such link is correctly formatted. The Affiliate will then raise an invoice to Easy Software for the indicated amount. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you. You are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all applicable copyright, trademark, and other laws. We reserve the right to change the images at any time without notice. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party; 11.3. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as merchant.com, merchant, www.merchant, www.merchant.com, and/or any misspellings or similar alterations of these be it separately or in combination with other keywords and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Merchants Affiliate Program. Don't forget to make sure your Terms and Conditions are user-friendly. Promotes illegal activities Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. We do our best to treat you with the fairness and respect you deserve. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. 2.1. Generate a free Disclaimer or a free Disclosure. Our affiliates are very important to us. Remaining compliant with the FTC means creating a disclaimer that follows the three C's: The language of the disclaimer can't be ambiguous. Affiliate shall not transmit any so-called interstitials, Parasiteware, Parasitic Marketing, Shopping Assistance Application, Toolbar Installations and/or Add-ons, Shopping Wallets or deceptive pop-ups and/or pop-unders to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Merchants site (i.e., no page from our site or any Merchant.coms content or branding is visible on the end-users screen). We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. If your use of material provided under this Program results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

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affiliate marketing terms and conditions template