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Affiliate Sign-up Agreement
As an authorized affiliate (“Affiliate”) of Awesemo.com LLC (the “Company,” together with the Affiliate, the “Parties”), you agree to abide by the terms and conditions contained in this agreement (“Agreement”). Please read the entire Agreement carefully before registering and promoting the Company as an Affiliate.
The Affiliate’s participation in the Program requires that it legally advertise the Company’s website. In return the Affiliate will receive a commission based on the Awesemo.com memberships and products purchased by individuals referred by the Affiliate’s website or personal referrals.
By signing up for the Awesemo.com Affiliate Program (“Program”), the Affiliate indicates its acceptance of this Agreement and its terms and conditions.
Now therefore, in consideration of the mutual promises, covenants, warranties and other good and valuable consideration set forth herein, the Parties agree as follows:
1. Approval or Rejection of the Application
The Company reserves the right to approve or reject ANY Affiliate Program Application in its sole and absolute discretion. The Affiliate will have no legal recourse against the Company for the rejection of an Affiliate Program Application.
Commissions will amount to twenty percent (20%) of the first two transactions generated by New Users referred by an Affiliate. A “New User” is a person who creates a legitimate user account with the Company who has not previously registered a user account with the Company.
The commission percentage is subject to change by the Company at any time. Should there be any change in commission percentage, the Company will notify the Affiliate at the email address on file and via the Affiliate Dashboard.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
Commissions will be paid twice a year on January 31 and July 31. If the amount payable to Affiliate is less than Twenty-Five Dollars ($25), the Company will roll over the amount payable to the following period. Payments will be made by an online payment platform such as Paypal.
If the amount payable to Affiliate exceeds $600 or otherwise requires the filing of an IRS form 1099 by the Company, the Affiliate will be required to complete the IRS Form W-9 and furnish to the Company before any commission payment will be made.
An Affiliate cannot refer itself. An Affiliate will not receive a commission on its own accounts.
In the event that Affiliate materially breaches this Agreement and the Company terminates this Agreement within 30 days of such breach, then any accrued and payable Commissions owing to Affiliate shall be forfeited, and the Company shall not be obligated to pay such Commissions to Affiliate.
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
Spamming (mass email, mass newsgroup posting, etc.).
Advertising on sites containing or promoting illegal activities.
Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
Violation of intellectual property rights. The Company reserves the right to require license agreements from those who employ trademarks of the Company in order to protect its intellectual property rights.
Offering rebates, coupons, or other forms of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with Awesemo.com, however, is acceptable.
Self referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, the Company reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or for no reason.
4. Affiliate Links
The Affiliate may use graphic and text links both on its website and within its email messages. The Affiliate may also advertise the Company’s site in online and offline classified ads, magazines, and newspapers.
The Affiliate may use the graphics and text provided by the Company, or the Affiliate may create its own as long as they are deemed appropriate according to these terms and conditions and not in violation of paragraph 3.
For purposes of this Agreement, the Company grants to Affiliate a nonexclusive, nontransferable, limited license (the “License”) to use the promotional materials, graphics and links (collectively, “Promotional Materials”) as specified under the terms and conditions of this Agreement. The term of the License shall expire upon the expiration or termination of this Agreement.
5. Intellectual Property. The Company retains all right, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials and the underlying intellectual property, including, without limitation, the Company’s website and all products and services available thereon. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials granted under the License, as set forth in paragraph 4.
6. Coupon and Deal Sites
The Company occasionally offers coupons to select affiliates and to its newsletter subscribers. If the Affiliate is not pre-approved / assigned a branded coupon, then the Affiliate is not allowed to promote the coupon. Below are the terms that apply for any Affiliate who is considering the promotion of the Company’s products in relation to a deal or coupon:
Affiliates may not use misleading text on affiliate links, buttons or images to promote anything besides currently authorized deals to the specific affiliate.
Affiliates may not bid on Awesemo.com Coupons, Awesemo.com Discounts or other phrases implying coupons are available.
Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. The Affiliate’s link must send the visitor to the merchant site.
User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
7. Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior written permission.
The Company will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
The Company does not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by the Company. The Company makes no claim that the operation of the Program and/or its website(s) will be error-free. The Company will not be liable for any interruptions or errors.
9. Term of the Agreement
The term of this Agreement begins upon the Affiliate’s acceptance in the Program and will end when the Affiliate account is terminated.
The terms and conditions of this agreement may be modified by the Company at any time. If any modification to the terms and conditions of this Agreement are unacceptable to the Affiliate, the Affiliate can choose to terminate its Affiliate account. An Affiliate’s continuing participation in the Program will constitute acceptance of any change.
10. Relationship of Parties.
This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between the Company and Affiliate. Affiliate shall provide services for the Company as an independent contractor. Affiliate shall have no authority to bind the Company into any agreement, nor shall Affiliate be considered to be an agent of the Company in any respect.
Affiliate shall indemnify and hold harmless the Company and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by the Company to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
Any information that Affiliate is exposed to by virtue of its relationship with the Company under this Agreement, which information is not available to the general public, shall be considered to be “Confidential Company Information.” Affiliate may not disclose any Confidential Company Information to any third party unless Affiliate obtains prior written consent for such disclosure from the Company.
13. Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state or federal courts located in the State of Illinois.
In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
The Company shall not be responsible for any taxes owed by Affiliate arising from Affiliate’s relationship with the Company as set forth in this Agreement. The Company shall not withhold taxes from any Commissions paid to Affiliate.
15. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.
16. Severability. If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
17. Headings. The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
18. Entire Agreement. This Agreement constitutes the entire agreement between the Company and Affiliate, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
19. Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Awesemo.com affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Company’s application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
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