You fill out a form. All Rights Reserved. 2.1.3. Testimonials It is your responsibility to ensure each such link is correctly formatted. We will not pay referral fees if someone says they signed up through you but it was not tracked by our system. drafting bespoke terms in your affiliate agreement. You can review the most current version of the Terms at any time at:https://www.easyproject.com/about-us/affiliate-portal/terms-and-conditions. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. The team reviews airlines, hotels and credit cards to help even infrequent travels make the most of loyalty programs and earn freebies. 15.3. Download our free Cookies Policy template. 2.2. The referral fee is 20% of our revenue from customers that you refer. Don't forget to make sure your Terms and Conditions are user-friendly. Services prices and availability may vary from time to time. 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. Because not all sites collect the same amount or types of data. We may also provide graphical images that can be used within the links to promote Easy Project. Promotes illegal activities 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. You may not use the Program for any illegal or unauthorized purpose. 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. Affiliation agreement, 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. 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. 2.5. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties. You agree that all uses of the Licensed Materials will be on behalf of Merchant.com and the good will associated therewith will inure to the sole benefit of Merchant.com. Please ensure that you read them carefully before signing up. 9.2. We simply ask the same consideration of you. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MERCHANT, INC. (DBA MERCHANT.COM). 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. Nicole Olsen 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. 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. No content may be copied from this website without express written permission from AM Navigator LLC. if you want to enter into a marketing or a referral program where the affiliate receives payments from the merchant company running the scheme on certain conditions, if one party is expected to bring significant traffic and sales to the other partys website, authorise an affiliate on a non-exclusive basis to promote a merchants products, services or products and services, products, services or products and services, a limited license to the promotional content, option for merchants approval for any use of the promotional material. Our affiliates are very important to us. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event. 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. 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. Answer a few questions and your document is created automatically. Promotes sexually explicit materials Save yourself the hassle of creating your own affiliate program agreement. This document should ideally be used by a company looking to create a comprehensive agreement for new affiliates. A Privacy Policy lets consumers know what you're up to with their data, which allows them to make purchasing decisions they're happy about. The document is created before your eyes as you respond to the questions. 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. 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. 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. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation. 3.1. An affiliate agreement will set the basis for a productive and profitable relationship. As a member of Merchant.com's Affiliate Program, you will have access to Affiliate Account Manager. 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. 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. You may not modify these images in any way. Some collect only email addresses while others build up giant customer profiles that may be shared with multiple partners. The maintenance and the updating of your site will be your responsibility. 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. Protect your business when you enter into an agreement for a marketing or a referral program. We will do everything possible to contact the affiliate prior to the ban. 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. Download our fill-in-the-blanks-style template for just $11.95. If so, you'll need to know all about the particulars of Privacy Policies and privacy laws within your industry. 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. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder. Please note that throughout this Agreement, "we," "us," and "our" refer to Merchant.com, and "you," "your," and "yours" refer to the affiliate. 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. The Affiliate will then raise an invoice to Easy Software for the indicated amount. We are strong believers in straight-forward and honest communication. Customers can't abide by the terms if they don't understand them, so skip the legalese. 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. 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. The disclosure must set out what type of data Are you an online coach or considering becoming one? Use words that trigger the consumer to associate you with money, like "commission" and "compensation.". Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Merchant.com's Affiliate Program. 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. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age In these types of agreements, the affiliate most often does not get a say in the specific terms. Who is Geno Prussakov? The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. The third party is the ShareASale.com affiliate network. Nor should you say you "sometimes" use affiliate links. 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. Contains software downloads that potentially enable diversions of commission from other affiliates in our program. 2.1.4. 4.8 - 464 votes, Start by clicking on "Fill out the template". 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. 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 hereby agree to indemnify and hold harmless Merchant.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us. Answer a few questions to customise them to your needs & sign online in seconds. You may not use our name or graphics in any bulk email whatsoever unless we have given our advanced written consent. Generate a free End-User License Agreement (EULA). You must not, in the use of the Program, violate any laws in your jurisdiction (including but not limited to copyright laws). 2.3. 2.1.2. An affiliate marketing disclaimer discloses your use of affiliate links to your customers and to the FTC. 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. 9.1. We reserve the right to disqualify referral fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Use this affiliate agreement for any business in England, Wales or Scotland. If you share affiliate links, you need an affiliate disclaimer. This affiliate agreement is governed by the law of England, Wales or the law of Scotland. Responsibility for the security of any user names and passwords issued (including those of any Invitees) rests with you. Accrued referral fees are paid via bank transfer roughly once per month and only when your accrued referral fees total 500 or more. 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. Don't hide it in the sidebar or a jumble of graphics. Make sure you have a standard Privacy Policy in place that goes one step further and addresses third-party cookies and discloses affiliate practices. You also likely don't store or manage the data the same way. These Terms are a legal agreement between Easy Software Ltd. a company registered in England and Wales under company number 08960980 and having its registered office at Kemp House, 152-160, City Road, EC1V 2NX London, United Kingdom (Easy Software, we, us) and You (the Affiliate, you). The referral fee will be credited to your Affiliate account once the customer pays their subscription. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English Courts. Accordingly, all of our rules, policies, and operating procedures concerning pricing, customer orders, customer service, and services sales will apply to those customers. Please read the disclaimer. They don't just expect it - consumers make purchasing decisions based on privacy. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. 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. Keep your affiliate marketing tactics in line with the law by adding a disclaimer, Privacy Policy, and Terms and Conditions to your website. The Penny Hoarder does a good job of this. 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. Affiliate marketing agreement. Discover what your Privacy Policy should look like with GDPR in mind. Modifications may include, but are not limited to, changes in the payment procedures and Merchant.com's Affiliate Program rules. Get compliant today with PrivacyPolicies.com. 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). When the company receives clicks or purchases from the affiliate's individualized links, the affiliate then receives a set amount or a percentage of the sale or a set amount per click. 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. 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). 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. When should I use an affiliate agreement? So please bear with us as we take you through this legal formality. 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. 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. 8.4. In 2018, PwC surveyed a sample of 1,000 Americans between 18-64 to learn more about the awareness of voice technology. At the end, you receive it in Word and PDF formats. Continued use of the Program after any such changes shall constitute your consent to such changes. Notice by e-mail, to your address on our records, is considered sufficient notice to terminate this Agreement. Notice will be deemed received and properly served 24 hours after an e-mail is sent. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you. 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. Want to be totally transparent? Written notice can be in the form of mail, email or fax. FAQs That means the wild, wild west of affiliate programs is over and your business isn't protected unless you've put together three key legal agreements for your website that participates in affiliate marketing: These three agreements are in some cases required for participation in these lucrative programs, but they're always good business practice. Because price changes may affect services that you have listed on your site, you should not display services prices on your site.