Leads may also be included in the agreement, for example, if the affiliate refers e-mail addresses to the company they may be able to receive compensation. The Company may need to interrupt your access to the Affiliate Program to perform maintenance or emergency services on a scheduled or unscheduled basis. The arbitration shall be conducted in the following county: ________. This includes a restriction on using the Company IP in any domain or website name, in any keywords or advertising, in any metatags or code, or in any way that is likely to cause consumer confusion. Affiliate Agreement Contract Template. Affiliate agreement template should also include an outline of the initial and ongoing responsibilities of the affiliate and the business. If you have any questions or remarks, feel free to post them below. Exactly How to Make Profitable Facebook Ads Basic Affiliate Agreement Template. You agree not to undertake any of the following actions: a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on any of our websites or services; b) Violate the security of any of our websites or services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network. A web affiliate agreement is a legal document under which a website operator will (directly or indirectly) pay commission or a fee to another person, in respect of users referred by that other person. Nothing contained within this Agreement shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. E) SEVERABILITY: If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and subparts will be enforced to the maximum extent possible. In this Agreement “you,” “your” or “Affiliate” shall refer to any individual or entity who accepts this Agreement. Webmaster will make available to Affiliate a few banner advertisements, button links, text links and other graphic or textual material for display on the Affiliate website. We require all of our Affiliates to comply with all applicable statutes, regulations, and guidelines set by the federal government, through the Federal Trade Commission, as well as state and local governments as mandated. Payouts are also subject to the following restriction: a) Payouts are only available when a threshold of the following amount is met: $________ (________). You may only earn payouts as long as you are an Affiliate in good standing during the term. This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Merchant.com's Affiliate Program. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Affiliate Program is your sole responsibility and that the Company is not liable for any such damage or loss. For example, if payouts are made every 15 days, an entire 15 day period must finish for the payout of that period to be available in the following period. The maximum liability of the Company arising from or relating to this Agreement is limited to one hundred ($100) US Dollars. You agree that your access may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime. In less than 10 minutes, your attorney-prepared and peer-reviewed agreement can be in the hands of your clients. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine. Please be advised however, that not all listed qualifying clicks and/or purchases have been fully reviewed for accuracy in the reports viewable by you in real-time and therefore may be subject to change prior to payout. Congratulations on your new affiliate program! You hereby provide us a non-exclusive license to use your name, trademarks and servicemarks if applicable and other business intellectual property to advertise our Affiliate Program. Affiliate Agreement TemplateProtect your website, business, and products with our attorney-drafted affiliate agreement. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. A typical affiliate contract would involve a website operator placing links on his or her website to an ecommerce website, and receiving commission on sales. You agree that your participation in the Affiliate Program is at your own risk. You are free to work with similar affiliate program providers in any category. This agreement governs participation in the Brian Tracy Affiliate Partnership Program only. This Agreement sets forth the terms and conditions of Affiliate’s participation in Namecheap’s Affiliate Program (“Affiliate Program") and is in addition to any other agreement that Affiliate may have entered into with Namecheap by virtue of being a customer. 2. You are strictly prohibited from using the Affiliate Program for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails. Affiliate Program Agreement This agreement is a binding, legal contract between you, the Affiliate and our business, R&D Enterprises Group, LLC, hereinafter referred to as the Company. Subject to the limitations listed below, we hereby grant you a non-exclusive, non-transferable, revocable license to access our websites in conjunction with the Affiliate Program and use the Company IP solely and exclusively in conjunction with identifying our company and brand on the Affiliate Site to send customers to the Affiliate links we provide. Your use of this document does not create an attorney-client relationship with the Clinic or any of its lawyers or students. Use our Affiliate Agreement to establish a partnership in which one party earns commission through promotions. This Agreement constitutes the entire understanding between the Parties with respect to the Affiliate Program. In such condition, the remainder of this Agreement shall continue in full force. You must ensure, as noted above, that the Affiliate Site does not infringe upon the intellectual property rights of any third party or otherwise violate any legal rights. The Parties, in agreement with this subpart of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims. The fee paid to the affiliate is commonly a percentage (%) of the total sale or a flat fee per transaction. It is basically the introduction to your agreement. The Company also makes no warranties as to the reliability or accuracy of any information. 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 takes some other action (eg Amazon affiliate program). Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this subpart, be litigated. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply. Examples affiliate agreement template pointers. If your Affiliate Application is rejected, you may not reapply. This Agreement covers your responsibilities as an … a) To the extent any part or subpart of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent. Please ensure you read and understand the entirety of this document, as well as have a lawyer's assistance if you desire, because each of the terms of this Agreement are important to our working relationship. Similarly, is the business itself responsible to provide the affiliates … This Agreement does not create an exclusive relationship between you and us. f) Website: The primary website we've noted above will be referred to as Website. The Company has developed an affiliate marketing program (the "Program") for the websites located at www.erasemybackpain.com, www.backtolifesystem.com, www.backpainstretch.com, www.healthybacksystem.com, … This Agreement is the entire agreement between us for the Affiliate Program and supersedes all other proposals and agreements, whether electronic, oral or written, between us. The agreement is ready for immediate download after ordering.An affiliate agreement is a binding agreement between a website or blog owner and their affiliates. This price winning Affiliate Agreement template gives you everything you need to comply with the law, protect yourself from lawsuits and protect your online business legally, so you can have peace of mind at the end of the day knowing your hard work and creation is protected! If we update or replace the terms of this Agreement, we will let you know via electronic means, which may include an email. a) You further agree not to use the Affiliate Program: I) To harass, abuse, or threaten others or otherwise violate any person's legal rights; II) To violate any intellectual property rights of the Company or any third party; III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another; V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme; VI) To publish or distribute any obscene or defamatory material; VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group; VIII) To unlawfully gather information about others. Us, we, our, ours and other first-person pronouns will also refer to the Company, as well as all employees or legal agents of the Company. Cease and Desist Copyright Infringement Letter, Cease and Desist Trademark Infringement Letter, Release of Liability Form (Waiver of Liability), When a visitor purchases goods on the company’s website, When a visitor clicks on the link to the company’s website (called “pay per click” or “PPC”), Percentage of users that are likely to click on the link to the company’s website. All information, software and services provided on the site are for informational purposes and self-help only and are not intended to be a substitute for a lawyer or professional legal advice. This will likely be where the company is organized or incorporated. Therefore, it’s important to run the numbers and make a deal that is beneficial and sustainable for both parties. You'll also be referred to throughout this Agreement with second-person pronouns such as You, Your, or Yours. If you fail to follow the terms of this Agreement or any other legal terms we have posted anywhere on our website or websites, you forfeit all rights, including the right to any unclaimed payout. This Agreement covers your responsibilities as an affiliate and our responsibilities to you. Paid Order " means an order for which the Owner has received and processed payment, less the cost of returns and charge backs the Owner incurs on any of the Affiliate's referred customer orders. It’s easy AND affordable to do so with this Affiliate Agreement Template. Legal Templates cannot and does not provide legal advice or legal representation. You may be obligated to pay monetary damages or legal fees and costs. Headings shall not affect the meaning of any provisions of this Agreement. We evaluate each and every application and are the sole and exclusive decision-makers on Affiliate acceptance. Quickly Customize. We will determine whether payout is permissible in our sole and exclusive discretion. Disputes filed after thirty days of payout will not be addressed. We also require that you implement adequate organizational and technical measures to ensure an appropriate level of security for the data that you process. … We explicitly reserve the right to change payout information in our sole and exclusive discretion. d) Are not clicks sent by a bot or other automated web program. You may not modify the Company IP in any way and you are only permitted to use the Company IP if you are an Affiliate in good standing with us. d) Affiliate Program: The program we've set up for our affiliates as described in this Agreement. 1. Generally, affiliates will promote goods and/or services owned by the website owner.LEARN MORE A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language. H) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances. Instantly Download Website Affiliate Agreement Template, Sample & Example in Microsoft Word (DOC), Google Docs, Apple (MAC) Pages Format. Chinese New Year Ox 2021. If your Affiliate Application is accepted, each of the terms and conditions in this Agreement applies to your participation. You agree to only use links which are prior approved by us and to display the Link prominently on your website or social media page, as described in your Affiliate Application (collectively, the "Affiliate Site"). Once you are accepted into the Program, you will be able to participate in the Program subject to the terms and conditions of this Agreement. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes. Please be advised that your unauthorized use of any Company IP shall constitute unlawful infringement and we reserve all of our rights, including the right to pursue an infringement suit against you in federal court. Waiver of any part or subpart of this Agreement will not constitute a waiver of any other part or subpart. We recommend that you seek independent legal counsel to advise you of our obligations to disclose in this manner. NOTICE: On September 24, 2020, we revised Section 3A of the Affiliate Agreement to clarify our policy about distributing Affiliate Links to third parties. You hereby agree to fully cooperate with us regarding the Link and that you will explicitly comply with all of the terms of this Agreement for the promotion of the Link at all times. Accounting information may include the routing and account number of a bank where you wish to post a direct deposit or may include an email address for an online method of payment. This Agreement specifically incorporates by reference any Terms of Conditions, Privacy Policies, End-User License Agreements, or other legal documents which we may have on our website. The Company does not accept responsibility for the security of your account or content. The document is written according to your responses - clauses are added or removed, paragraphs are customised, words are changed, etc. Or can I use something I create? This agreement imposes no restrictions on us to work with any individual or company we may choose. You agree that your use of the Affiliate Program is at your sole and exclusive risk and that any services provided by us are on an "As Is" basis. Further, you hereby agree to comply with any requests which we may make to you regarding compliance with the General Data Protection Regulation or requests which you may receive from data subjects. NOW, THEREFORE, recognizing the importance of an agreement between the parties on acceptable standards and procedures for the accounting and auditing of accounts of the You shall operate and maintain the Affiliate Site in accordance with all applicable laws, rules and regulations. And how often will I get paid? $455.00. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The parties referred to in this Agreement shall be defined as follows: a) Company, Us, We: As we describe above, we'll be referred to as the Company. What is the commission percentage/referral fee? If you terminate this Agreement with us, you will qualify to receive payouts earned prior to the date of termination. In order to sign up for our Affiliate Program, you will first be asked to submit an Affiliate Application to join. An affiliate agreement forms a legally-binding relationship between two parties (typically, two businesses), where one party (the “affiliate”) receives compensation for promoting the other (the “company”) to visitors of the affiliate’s website or app. Payouts will be available the month or period after they accrue. b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as "Parties" or individually as "Party.". For any questions or concerns, please email us at the following address: ________. THE AGREEMENT: This Affiliate Agreement (hereinafter called the "Agreement") is provided by the following organization, hereinafter referred to as "Company": _____. An affiliate agreement forms a legally-binding relationship between two parties (typically, two businesses), where one party (the “affiliate”) receives compensation for promoting the other (the “company”) to visitors of the affiliate’s website or app. The Affiliate Application may be found at the following website: ________. This affiliate marketing agreement is between Lark Wellness LLC (the "Company"), and you, the individual or entity signing up to become an affiliate (the "Affiliate").. If you don't agree to the update or replacement, you can choose to terminate this Agreement as described below. G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under this Agreement are for convenience and organization, only. The arbitrator shall be bound by applicable and governing Federal law as well as the law of Alabama. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors. Each Party shall pay their own costs and fees. 15) AFFILIATE OBLIGATIONS & FTC COMPLIANCE. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement. Contractor of the Company must be `` Qualified clicks. and technical measures to ensure that affiliates not... 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