Affiliate Program Operating Agreement
This Affiliate Program Operating Agreement (the "Agreement") is made and entered into by and between the Company ("the Company" or "we"), and you, ("you" or "Affiliate") the party submitting an application to become an affiliate. The terms and conditions contained in this Agreement apply to your participation with the Affiliate Program. Each Affiliate Program offer (an "Offer") may be for any offering by the Company or a third party (each such third party a "Client") and may link to a specific web site for that particular Offer ("Program Web Site"). Furthermore, each Offer may have additional terms and conditions on pages within the Affiliate Program and are incorporated as part of this Agreement. By submitting an application or participating in an Offer, you expressly consent to all the terms and conditions of this Agreement.
Enrollment in the Affiliate Program
You must submit an Affiliate Program application from our website. You must accurately complete the application to become an affiliate (and provide us with future updates) and not use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you of your acceptance or rejection to the Affiliate Program, generally within two (2) business days. We may accept or reject your application at our sole discretion for any reason.
Obligations of the Parties
Subject to our acceptance of you as an affiliate and your continued compliance with the terms and conditions of this Agreement, the Company agrees as follows:
- We will make available to you via the Affiliate Program graphic and textual links to the Program Web Site and/or other creative materials (collectively, the "Links") which you may display on web sites owned or controlled by you, in emails sent by you and clearly identified as coming from you and in online advertisements (collectively, "Media").
- We will pay Affiliate for each Qualified Action (the "Commission").
- We will pay you any Commissions earned monthly, provided that your account meets the minimum threshold.
Affiliate Obligations
- Have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.
- Ensure that all materials posted on your Media are not illegal, do not infringe upon intellectual property rights, and do not contain objectionable content.
- Comply with all laws, rules and regulations as they relate to your business and your use of the Links.
- Not use any automated means, spyware, cookie-stuffing or other fraudulent methods.
Confidentiality
You agree that all information, including the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information shall remain strictly confidential.
Termination
This Agreement shall commence on the date of our approval of your Affiliate Program application and shall continue thereafter until terminated. You may terminate your participation at any time by removing all Links from your Media. We may terminate your participation at any time for any reason.
Fraud
You are expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with referrals through the Links or the generation of Commissions.
Limitation of Liability
The Company shall not be liable for any indirect, incidental, consequential, special or exemplary damages. The Company does not guarantee that Affiliate will earn any specific amount of Commissions.
By submitting an application to the Affiliate Program, you affirm and acknowledge that you have read this Agreement in its entirety and agree to be bound by all of its terms and conditions.