Affiliate Terms | Affilorama

Affilorama Affiliate Agreement

Thank you for your interest in the Affilorama Affiliate Program. We are very excited to have you on board, but first it's important that we outline the details of the Affilorama Affiliate Agreement. The purpose of this Agreement is not to bog you down with rules but to make sure that both you the Affiliate and our company have a clear understanding of what is permitted and acceptable. This way, we don't have to email you later on to tell you to stop doing something because you didn't realize it wasn't allowed. That wastes our time but it also wastes your time. The purpose of this Agreement is to set out how the Affilorama Affiliate Program works, what Affilorama's roles and responsibilities are and what they are not, how you the Affiliate will be paid commission by ClickBank through the ClickBank Affiliate Network, and what your roles and responsibilities as an Affiliate are.

This Agreement has been designed to protect both Affilorama and Affiliates of Affilorama. Please read carefully and if you have any questions, please email us at [email protected].

Main Points

Affiliates must not send unsolicited emails and must comply with CAN-SPAM.
Affiliates must not bid on terms or names that are our trademarked terms or names outlined in this Agreement including Affilorama, Affilo rama, and any misspellings or variations of our terms or names.
Affiliates must not publish or link to Affilorama from adult, gambling or offensive websites.
Affiliates must abide by Clickbank.com's terms of use, available at http://www.clickbank.com/terms.html
Affiliates must not register and/or use domains with the wording 'Affilorama' or any similar term contained within such domains.
Affiliates must not disparage or misrepresent Affilorama in anyway, in particular using words like "scam" or "rip-off".
Affiliates must not bid on or otherwise attempt to acquire any rights in any Affilorama copyrights, service-marks or trademarks.
Affiliates must not promote Affilorama on any sites with inappropriate content.
Affiliate must accept the terms of this Agreement by clicking "I ACCEPT" at the end of this agreement before creating an account that enables Affiliate to participate in the Affiliate Program.
Affiliate is deemed to have accepted the terms of this Agreement by creating an account that enables Affiliate to participate in the Affiliate Program.

Terms and Conditions

Affiliate agrees to comply with all US Federal CAN-SPAM Acts.

Affilorama has a zero tolerance policy towards spam and any Affiliate associated with spam. If Affilorama establishes, at Affilorama's absolute discretion, that Affiliate is involved with spam in any way including, without limitation, creating, sending or otherwise distributing spam, Affilorama may immediately terminate Affiliate's Affiliate Program account and Affiliate will forfeit all Commissions owed to Affiliate.

Affiliate is solely responsible for ensuring that Affiliate's Affiliate Link is set up correctly. Affilorama is not responsible for Affiliate's failure to receive any Commission due to the incorrect formatting or configuration of Affiliate's Affiliate Link.

Affiliate agrees to receive email or other electronic communications from Affilorama including, but not limited to, newsletters, site updates, promotion resources and other announcements and correspondence. Affiliate agrees that all agreements, notices, disclosures and other communications that Affilorama provide to Affiliate electronically satisfy any legal requirement that such communications be in writing. Affiliate agrees to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002.

Affilorama accepts no responsibility for the accurate receipt of any such emails and Affiliate is responsible for ensuring that Affiliate's email address is not blocked or impaired in any way, including by Affiliate ensuring 'white-listing' of Affiliate's email address.

If Affiliate unsubscribes from receiving emails from Affilorama, Affiliate acknowledges and understands that Affiliate may no longer receive information or updates from Affilorama.

Introduction
1. affiliate program: This Affilorama Affiliate Program Agreement (this "Agreement") is between you (an "Affiliate") and Affilorama Limited ("Affilorama"). Affiliate's participation in the Affiliate Program is conditional on Affiliate's acceptance of the terms and conditions contained in this Agreement. Affiliate is deemed to have accepted this Agreement by indicating Affiliate's acceptance of this Agreement by checking the 'I ACCEPT' checkbox at the end of this Agreement or by creating an account that enables Affiliate to participate in the Affiliate Program.
2. Who can be an Affiliate?: All Affiliate must be at least 18 years old or older.
3. What does an Affiliate do?: An Affiliate is a webmaster or internet marketer who takes on the role of promoting Affilorama and the Affilorama website.
4. How does the Affiliate Program work?: To participate in the Affiliate Program, Affiliate must create an Affiliate Link. An "Affiliate Link" is defined as web URL or hyperlink which contains, either within the link or via any redirect or link-cloaking software, the Affiliate's Clickbank ID with the intention of tracking referred traffic to Affilorama. When an Affiliate directs or sends a prospective buyer to the Affilorama website via a correctly formatted Affiliate Link and that visitor then purchases a product from Affilorama, the Affiliate will receive a commission from ClickBank on the sale of that product (the "Commission").
5. ClickBank Affiliate Network: Click Sales Inc. ("ClickBank") is responsible for the tracking of Affiliate Links, handling of payments and distribution of any Commission that is payable to Affiliate (together the "ClickBank Affiliate Network").
6. In relation to all aspects of the ClickBank Affiliate Network including, without limitation, the tracking of Affiliate Links and the payment of Commissions, Affiliate is entering a legal contract directly with ClickBank, and not with Affilorama. Affilorama will under no circumstance have any obligation to pay Affiliate any Commission owed to Affiliate, and will under no circumstance have any liability to the Affiliate arising out of any claim relating to the ClickBank Affiliate Network, including Affiliate's participation therein.
Clickbank Affiliate Network
1. Terms of Service: Affiliate and Affilorama must both abide by the ClickBank Terms of Use ("TOU") as are published by ClickBank from time to time at http://www.clickbank.com/terms.html
2. Commission: Commissions are paid to Affiliate by ClickBank via the ClickBank Affiliate Network. All payments and transactions are handled by ClickBank.
3. Calculation of Commission: Commissions paid in relation to the ClickBank Affiliate Network are based on product prices and the commissions' structure as outlined on the Affilorama website from time to time. Affilorama reserves the right to change the product prices and commissions' structure at its absolute discretion without prior notice to Affiliate. Affiliate will only receive a Commission for a sale tracked through Affiliate's Affiliate Link by ClickBank. Affiliate has no right to a Commission if a sale of a good or service occurs as a result of a customer arriving at or returning to the Affilorama website through an Affiliate Link that is not associated with Affiliate. Affilorama has no responsibility and no ability to redistribute a Commission to a different affiliate, including to Affiliate, after a sale has occurred.
4. Payment of Commission: Commissions are payable to Affiliate by ClickBank in accordance with ClickBank's TOU as may be varied by ClickBank from time to time, which may provide for payment by cheque on the 1st and the 16th of every month. Affilorama has no control, authority, or responsibility with respect to Commissions or in relation to any changes made by ClickBank to ClickBank's TOU, including ClickBank's payment or transaction procedures for Commissions.
5. Disputes: Any dispute in relation to the ClickBank Affiliate Network will be handled by ClickBank. Affilorama has and takes no responsibility for the acts or omissions of any Affiliate or any claim, action, or disputes brought by or against any Affiliate or any person in relation to the Affilorama website or any Affilorama product
Affilorama Responsibilities
1. General: Affilorama is responsible for handling all customer inquiries, fulfilling product orders, customer billing and collection of fees.
2. Privacy: Affilorama respects the privacy of customers and each customer's personal information. Therefore, in order to protect customer privacy, Affilorama reserves the right to withhold any information regarding a customer including, without limitation, that customers' contact details from Affiliate regardless of whether that customer arrived at Affilorama via Affiliate's Affiliate Link or not.
Affiliate Responsibilities
1. Provision of correct contact information: Affiliate is responsible for providing Affilorama with Affiliate's correct contact information at the time that Affiliate registers for the Affiliate Program and Affiliate must keep Affiliate's contact information up-to-date. Failure by Affiliate to provide Affilorama with correct contact information could result in the suspension of Affiliate's Affiliate Program account as Affilorama may be unable to contact Affiliate regarding important issues concerning the Affiliate Program and Affiliate's participation in the Affiliate Program. If Affiliate becomes aware that Affilorama has been provided incorrect contact information of Affiliate or if Affiliate's contact information becomes out-of-date, Affiliate must immediately contact Affilorama and provide Affilorama with correct contact information.
2. Username and password: Affiliate's login credentials (being Affiliate's username and password) are personal to Affiliate. Affiliate must always maintain the confidentiality of Affiliate's username and password and not disclose them to any third party. Affiliate agrees that Affiliate is solely responsible for any use of the Affilorama by any person using Affiliate's username and password and Affiliate agrees to indemnify Affilorama against any claims arising out of Affiliate's failure to maintain the confidentiality of Affiliate's username or password. Affiliate agrees to not impersonate any person or entity or falsely state or otherwise misrepresent Affiliate's affiliation with a person or entity. Affilorama will not be liable for any loss that Affiliate may incur as a result of someone else using Affiliate's password or account (whether with or without Affiliate's knowledge). Affiliate agrees to notify Affilorama immediately of any unauthorised use of Affiliate's account or any other breach of security.
3. Prohibited actions: The Affiliate agrees not to:
  - misrepresent Affilorama's products and services;
  - advertise or promote Affilorama products and services on any sites that:
    - promote sexually explicit material, violence, pirated materials, illegal activities, gambling or sites that promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    - contain extensive religious commentary or attempts to preach or solicit members for a particular church or faith; or
    - contain any violations of intellectual property rights or any other laws not otherwise listed here;
  - disparage Affilorama, the Affilorama website, or any Affilorama affiliated products including, without limitation, referring to Affilorama and using the words "scam", "rip-off", or any words with a similar or associated meaning in any advertisement or website copy; or
  - engage in any conduct that is likely to impair or cause damage to the operation of the Affilorama website whether by way of a virus, corrupted file or through use of any other software or program.
Spam
Affiliate agrees to comply with all US Federal CAN-SPAM Acts.

Affilorama has a zero tolerance policy towards spam and any Affiliate associated with spam. If Affilorama establishes, at Affilorama's absolute discretion, that Affiliate is involved with spam in any way including, without limitation, creating, sending or otherwise distributing spam, Affilorama may immediately terminate Affiliate's Affiliate Program account and Affiliate will forfeit all Commissions owed to Affiliate.
Affiliate Link
Affiliate is solely responsible for ensuring that Affiliate's Affiliate Link is set up correctly. Affilorama is not responsible for Affiliate's failure to receive any Commission due to the incorrect formatting or configuration of Affiliate's Affiliate Link.
Email
Affiliate agrees to receive email or other electronic communications from Affilorama including, but not limited to, newsletters, site updates, promotion resources and other announcements and correspondence. Affiliate agrees that all agreements, notices, disclosures and other communications that Affilorama provide to Affiliate electronically satisfy any legal requirement that such communications be in writing. Affiliate agrees to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002.

Affilorama accepts no responsibility for the accurate receipt of any such emails and Affiliate is responsible for ensuring that Affiliate's email address is not blocked or impaired in any way, including by Affiliate ensuring 'white-listing' of Affiliate's email address.

If Affiliate unsubscribes from receiving emails from Affilorama, Affiliate acknowledges and understands that Affiliate may no longer receive information or updates from Affilorama.
Affilorama Intellectual Property and Brand
1. Ownership of intellectual property: Affilorama reserves all rights in or to its trademarks, servicemarks, copyright and other intellectual property rights that may subsist in this website including text, illustrations, photographs, video, music, sounds, layout, designs, or source code, belonging to Affilorama or to Affilorama's licensors ("Affilorama Intellectual Property"). Affiliate must not use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any Affilorama Intellectual Property except as expressly provided in this Agreement or with the prior written consent of Affilorama.
2. Modification and display of Affilorama Intellectual Property: Affiliate is not permitted to make any changes to any items of Affilorama Intellectual Property including, without limitation, the Affilorama logo, and any Affilorama images and Affiliate must not display such items in any way which may be distasteful, or defame or misrepresent Affilorama, the Affiliate Program, or the Affilorama website.
3. Use of Affilorama Intellectual Property: Affiliate may use the particular Affilorama logos and images that Affilorama grants Affiliate access to within the "Affiliate Resource" section of the Affilorama website for purposes related to Affiliate's participation in the Affiliate Program only.
4. Brand name: Affiliate is not permitted to purchase, bid on, or otherwise attempt to acquire any 'Affilorama brand name keywords' with respect to Internet search engines or register or use domains that include the wording "Affilorama" or any similar wording. Affilorama brand name keywords or similar wording includes "Affilorama" and any misspelling or variation of "Affilorama" including, without limitation, "Affilo Rama", "Afilorama", "Affiliorama", "Afframa", etc.
5. Access to Affilorama data: Affiliate is not entitled to have access to Affilorama data that is not publicly available for review or other purposes. Access to Affilorama data may be granted to Affiliate by Affilorama at Affilorama's absolute discretion.
Guarantees, Liability and Disclaimers
1. Warranties: While Affilorama endeavours to ensure that the content of the Affilorama website is free from errors, Affilorama does not give any warranty or other assurance as to the content of material appearing on the Affilorama website, its accuracy, completeness, timeliness or fitness for any particular purpose. To the maximum extent permitted by law, Affilorama provides the Affilorama website and related information and services on an "as is" basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.
2. No guarantee regarding income: Affilorama makes no guarantee of any kind regarding the potential income that can be generated through Affiliate's participation in the Affiliate Program.
3. Limitation of Liability: To the extent legally permitted, in no event shall Affilorama or its affiliates, distributors, licensors, and agents, or any of its or their directors, employees, and agents be liable as a result of Affiliate's use of the Affilorama website or participation in the ClickBank Affiliate Network for direct, indirect, special, incidental, punitive or consequential damages, losses or expenses, including without limitation, loss resulting from business disruption, loss of data, lost profits, lost goodwill, or damage to systems or data, howsoever arising, including without limitation, though an action in contract, tort (including negligence) or otherwise, even if Affilorama or its affiliates, distributors, licensors, and agents, or any of its or their directors, employees, and agents have been advised of the possibility of such damages.
4. Consumer Guarantees Act: If you are using our services for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act 1993 or any comparable consumer protection legislation shall not apply to those services.
5. Availability: Affiliate's use of this website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, Affilorama and Affilorama's service providers do not make any warranty that this website or any associated services will be error free, without interruption or delay, or free from defects in design. Affilorama will not be liable to Affiliate should the Affilorama website or the services supplied through this website become unavailable, interrupted or delayed for any reason.
6. Malicious code: Although Affilorama endeavours to prevent the introduction of viruses or other malicious code (together, 'malicious code') to the Affilorama website, Affilorama does not guarantee or warrant that the Affilorama website, or any data available from it, does not contain malicious code. Affilorama will not be liable for any damages or harm attributable to malicious code. Affiliate is responsible for ensuring that the process that Affiliate employs for accessing this website does not expose Affiliate's computer system to the risk of interference or damage from malicious code.
7. Security: Although Affilorama endeavour to protect the security of Affiliate's contact information Affiliate acknowledges that there is a risk of unauthorised access to (or alteration of) Affiliate's transmissions or data or of the information contained on Affiliate's computer system or on the Affilorama website. Affilorama does not accept responsibility or liability of any nature for any losses that Affiliate may sustain as a result of such unauthorised access or alteration. All information transmitted to Affiliate or from Affiliate is transmitted at Affiliate's risk, and Affiliate assumes all responsibility and risks arising in relation to Affiliate's use of this website and the internet. Affilorama does not accept responsibility for any interference or damage to Affiliate's own computer system which may arise in connection with Affiliate's accessing of this website or any outbound hyperlink.
Indemnification
1. Affiliate's use of the Affilorama website and its content is voluntary. Affiliate shall indemnify Affilorama and its affiliates, distributors, licensors, and agents, and all of its and their directors, employees, and agents against, and hold them harmless from, any and all lawsuits, claims, expenses (including reasonable legal fees), settlements, damages, judgments and the like arising from Affiliate's use of the Affilorama website and content or Affiliate's failure to maintain the confidentiality or security of Affiliates password or access rights.
Term and Termination
1. Term: This Agreement is effective immediately upon Affiliate's acceptance of this Agreement and shall continue until terminated as described in this section 8.
2. Termination without notice: Affilorama and Affiliate both reserve the right to terminate this Agreement at any time without notice. In the event of termination of this Agreement by this clause 8.2 all outstanding Commissions due to Affiliate will be payable to the extent such Commissions may be due to Affiliate under ClickBank's TOU.
3. Termination for breach: In the event of termination of this Agreement by Affilorama due to breach of this Agreement by Affiliate, Affiliate shall not be entitled to be paid any outstanding Commission.
Miscellaneous
1. Waiver: Any waiver by Affilorama of a breach of or right under this Agreement will not constitute a waiver of any other or subsequent breach or right.
2. Independent Contractors: An affiliate is acting as an independent contractor when acting as an affiliate. No partnership, joint venture or any legal entity is created between Affilorama and the affiliate.
3. Changes: Affilorama reserves the right to amend this Agreement as needed from time to time. Affiliate is bound by any changes made to this Agreement and Affiliate's acceptance of any income through or due to the Affiliate Program will be regarded as acceptance by Affiliate of any changes to this Agreement. Affilorama will endeavor to inform Affiliate of any changes made to this Agreement via email.
4. Feedback and unsolicited submissions: If Affiliate provides Affilorama any feedback about the Affilorama website or the Affiliate Program, Affiliate grants Affilorama the right to use that feedback for the purpose of improving the Affilorama website or Affiliate Program (and for any other purpose Affilorama deems necessary or desirable) without being obliged to pay Affiliate any compensation in respect of Affilorama's use of that feedback. If Affiliate does send Affilorama unsolicited ideas such ideas will be deemed to be non-confidential and Affilorama will not be required to provide any acknowledgement of their source.
5. Top Affiliates: From time to time Affilorama may enter into special agreements with certain 'top' Affiliates. Such special arrangements may include, but not limited to, special discounted rates or bonus packages. The entry by Affilorama into a special arrangement with any Affiliate is at Affilorama's sole discretion and Affilorama reserves all right to determine whether any Affiliate will be offered the opportunity to enter into such a special arrangement.
6. Interpretation, Severability: Headings are inserted for convenience and shall not affect the construction of this Agreement. The singular includes the plural and vice versa. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. If any provision in this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions in this Agreement will remain in full force and effect.
7. Advertisements: Affilorama does not necessarily endorse or recommend any of the goods or services advertised on or through the Affilorama website. Affilorama does not necessarily endorse or recommend any affiliates using our services.
8. Third party websites: The Affilorama website provides links and pointers to Internet sites maintained by third parties. Such linked sites are not under Affilorama's control and Affilorama is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any material contained in a linked site. Affilorama will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.
9. Confidentiality: Affiliate shall keep confidential the terms of this Agreement and any information associated with the Affiliate Program subject to any disclosure required by law. This clause shall survive termination of this Agreement.
10. Governing law: This Agreement is governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this Agreement.
11. Entire Agreement: This Agreement is the complete and exclusive agreement between the Affilorama and Affiliate in relation to the Affiliate Program (but not in relation to the ClickBank Affiliate Network, for which Affiliate and ClickBank have obligations to each other independently of Affilorama) and supersedes all previous and contemporaneous agreements, proposals and communications with respect to this subject matter.
12. Other rights reserved: All rights not expressly granted in this Agreement are reserved by Affilorama.