PrivacyPolicies.com 2002 - 2022 All rights reserved, Sold and fulfilled by FastSpring - an authorized reseller. 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. Testimonials Integrate a free Cookie Consent banner notice for ePrivacy Directive + GDPR. We do our best to treat you with the fairness and respect you deserve. Even if you're only making a few cents a month through affiliate marketing, failing to put up a Privacy Policy may be a breach of contract with your advertising network. 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. 15.4. Satisfying AdSense means you'll need to meet two minimum requirements in your Privacy Policy: A Privacy Policy for affiliate marketing should include information about: It's worth noting that while you can draw inspiration from similar sites while drafting your Privacy Policy, each site's Privacy Policy will be different. We've put together a guide to the three legal agreements you'll want (and need) if you want to be an affiliate marketer. All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on your involvement in this Agreement and shall be the responsibility of, and payable by you. Download our free Terms and Conditions template. We may give notice to you at the e-mail address you provided to us when registering. We may change our policies and operating procedures at any time. 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. The Instant Download archive also includes 20 platform-specific agreements, covering all major affiliate networks. These Terms and any document expressly referred to in it represents the entire agreement between us in relation to the use of the Program and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing. An affiliate agreement is a marketing or referral program where the affiliate receives payments from the merchant company running the scheme if web users visit a website, register with a website, make a purchase with a website, or take some other action (eg Amazon affiliate program). The Company and any of the Company's officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Program. You will have no authority to make or accept any offers or representations on our behalf. 9.1. YOU MAY PRINT THIS PAGE FOR YOUR RECORDS. It also says the contributions must comply with the Content Standards set out in another part of the Terms of Use. 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. 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. Continued use of the Program after any such changes shall constitute your consent to such changes. Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. You need an affiliate marketing disclaimer for three reasons: It doesn't matter if your website makes $0.00 or $100k. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion. The disclosure must set out what type of data Are you an online coach or considering becoming one? 2.1. 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. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. 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. Don't forget to make sure your Terms and Conditions are user-friendly. Just solid content. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior. So please bear with us as we take you through this legal formality. (PrivacyPolicies.com Legal writer). All Rights Reserved. The affiliate simply signs up for the program that the company is offering and there is no bargaining over the agreement. The commission fee is a fee paid by the merchant to the affiliate for each successful lead (ie a converted lead). This applies both to content and to advertising that appears on the site. Each account is for use by either a single legal entity (e.g. 15.7. Less scrupulous companies collect and then sell customer data on to other companies. 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. Something went wrong. The document is created before your eyes as you respond to the questions. We will determine the prices to be charged for services sold under this Program in accordance with our own pricing policies. Creating a Terms and Conditions is as much about holding your business accountable as it is about informing your customers. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English Courts. 8.1. The disclaimer is also found on blog posts that include affiliate links. Bright Market (dba FastSpring), 801 Garden St., Santa Barbara, CA 93101, is the authorized reseller of our products and services on PrivacyPolicies.com, Last updated on 01 July 2022 3.3. Affiliate program agreement template, Easy Software reserves the right to end the Program at any time. 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. The referral fee will be credited to your Affiliate account once the customer pays their subscription. We may reject your application at our sole discretion. 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). You could end up getting kicked off of your preferred network before you've even started to enjoy success in affiliate marketing. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York without regard to the conflicts of laws and principles thereof. It's a simple statement saying that you make money when a visitor clicks or makes a purchase from a link shared on your website. sincerely interested in Merchants service). To begin the enrollment process, you will complete and submit the online application at the ShareASale.com server. Promotes sexually explicit materials In 2018, PwC surveyed a sample of 1,000 Americans between 18-64 to learn more about the awareness of voice technology. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. In these types of agreements, the affiliate most often does not get a say in the specific terms. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Merchant.com. 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. Download our free Privacy Policy template. As a member of Merchant.com's Affiliate Program, you will have access to Affiliate Account Manager. 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. 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. Merchant.com Affiliate Manager. WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If you don't have Terms and Conditions, you put yourself and your site at risk of misunderstandings and create uncertainty between yourself and your customers. Services prices and availability may vary from time to time. Remaining compliant with the FTC means creating a disclaimer that follows the three C's: The language of the disclaimer can't be ambiguous. 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. 9.2. Select one of our generators to create the required legal agreements for your business: Integrate a free Cookies Notice and Cookie Consent banner to comply with the EU ePrivacy Directive and the new GDPR law regarding cookies. 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. It is designed to be straightforward and comprehensive so that both parties know where they stand and needless disputes can be avoided. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Nicole Olsen Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into these Terms (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms. Your document is ready! Comply with ePrivacy Directive and GDPR by having a Cookies Policy. You must have a valid bank account to receive referral fees, as we do not offer payment via cheque/check, credit card, cash or other method. We will do everything possible to contact the affiliate prior to the ban.
We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular service. The Affiliate will then raise an invoice to Easy Software for the indicated amount. You will have no authority to make or accept any offers or representations on our behalf. Rating:
There will also be general contract provisions included, which cover the state location for any disputes, as well as other general terms. Reviewing and marketing credit cards is a tricky business and The Points Guy has to be careful in the way it portrays credit products, particularly because he can earn a hefty commission for referring people to certain cards. The agreement is a contract between the two parties. Online affiliate agreements can take one of two forms: affiliate agreements whereby the affiliate receives funds for user clicks through to the company's website or affiliate agreements whereby the affiliate receives funds for user purchases for the company's goods or services. Easy Software is not responsible for any representations made by the Affiliate that contradict our rules, policies or operating procedures. Please read the disclaimer. We promise. You will create a password so that you may enter ShareASales secure affiliate account interface. We will only pay referral fees on links that are automatically tracked and reported by our systems. You fill out a form. Easy Software will not be responsible if you use another party's copyrighted or trademarked material in violation of the law. 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 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. Accordingly, all of our rules, policies, and operating procedures concerning pricing, customer orders, customer service, and services sales will apply to those customers. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age 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. 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. This legal notice shall be governed by and construed in accordance with English law. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms; 11.2. 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. This section also ties together the Terms and Conditions with its Privacy Policy to ensure all bases are covered. Creating transparent legal agreements helps you get customer loyalty and sets you apart from the cowboys who continue to flout the law. 2.1.8.
As noted above, if you're an AdSense participant, you need to have a Privacy Policy: It doesn't need to be a long, complicated document. 2.1.2. This affiliate agreement outlines that a commission is only payable for a converted lead. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.
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. 8.3. Each party reserves all of its respective rights in the proprietary materials covered by this license. FAQs 2.4. 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. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement. The purpose of this Agreement is to allow HTML linking between your web site and the Merchant.com web site. You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign up process for an Affiliate account (account). 2.1.9. Answer a few questions to customise them to your needs & sign online in seconds. Any amendments, modifications, enhancements or changes to the Program including the release of new features and resources made available by us from time to time shall be subject to these Terms. We will not pay referral fees if someone says they signed up through you but it was not tracked by our system. 15.1. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. 2.1.3. You should know that certain forms of advertising are always prohibited by Merchant.com. Members that make a Affiliate agreement sometimes need additional documents. 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. Generate a free Disclaimer or a free Disclosure. This clause can't take the place of an affiliate disclaimer. Download our fill-in-the-blanks-style template for just $11.95. 2.1.7. (d) any liability which cannot be excluded or limited under applicable law. Although it's at the bottom of the page, the lgoo list of recognizable media outlets draws the reader's eye, so the disclaimer is considered conspicuous enough. Many users on big social media platforms contract with companies to promote products or services.
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. Customer payments refunded or payments charged-back due to credit card fraud do not qualify for referral fees. Answer a few simple questions to make your Affiliate agreement in minutes, We use cookies to provide the best experience. Gal Meets Glam is a fashion and lifestyle blog that participates in both affiliate programs and advertising schemes. 8.2. We reserve the right to check and change commissions on the basis of orders actually paid, the notification e-mail is not understood as a confirmed commission - this is only a notification, and every payment will be verified based on real transactions. Merchant.com uses a third party to handle all of the tracking and payment. All notices given by you to us must be given to Easy Software Ltd. atinfo@easyproject.com. Get compliant today with PrivacyPolicies.com. 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. 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. We have written the following affiliate agreement with you in mind, as well as to protect our company's good name. 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. 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. For quickest results please email us at [emailprotected] You can also reach us via phone, toll-free: 1-888-588-8866. You must be 18 years of age or older to join this Program. 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. You might be interested in: Find trusted documents for hundreds of purposes. 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. Please check your entries and try again. We are excited to help your affiliate program by providing a sample Terms of Service template below. Modifications may include, but are not limited to, changes in the payment procedures and Merchant.com's Affiliate Program rules. Place the disclaimer in an obvious spot. Generate a free Privacy Policy for your website or mobile app. Legal information, legal templates and legal policies are not legal advice. Should you be interested, for a nominal price you may also download the full Agreement (detailed and nearly two times longer than the sample). You may not use our name or graphics in any bulk email whatsoever unless we have given our advanced written consent. Arbitration under this agreement shall be conducted under the rules then prevailing of the England and Wales Arbitration Association. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder. We may delay crediting of referral fees subject to risk analysis considerations and Anti-Money Laundering procedures. 2.2. 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. 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. 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. Your continued participation in Merchant.com's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes. 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. As used herein a. In this article, we'll discuss the elements of a Privacy Policy and why it's required. Download our free GDPR Privacy Policy template. 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. 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. All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party. Your Privacy Policy needs to disclose your unique privacy practices. Customers can't abide by the terms if they don't understand them, so skip the legalese. We reserve the right to change the images at any time without notice. Nor should you say you "sometimes" use affiliate links. The team reviews airlines, hotels and credit cards to help even infrequent travels make the most of loyalty programs and earn freebies. An affiliate marketing disclaimer discloses your use of affiliate links to your customers and to the FTC. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. No sales pitches. Generate a free End-User License Agreement (EULA). Some leads may not result in a sale or purchase, in which case the merchant may not want to pay for a non-converted lead. When should I use an affiliate agreement? FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL MERCHANT.COM'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT. We may cancel your application if we determine that your site is unsuitable for our Program, including if it: 2.1.1. 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. Download our free Cookies Policy template. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Merchant.com Affiliate Program. The Penny Hoarder does a good job of this.