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EpicToon Affiliate Program Terms of Agreement
1) Terms of the Agreement: The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term.
2) Enrollment Process: To begin the enrollment process, Affiliate will submit an application via EpicToon.com. EpicToon.com will evaluate Affiliate's application and will notify Affiliate of Affiliate's acceptance or rejection. EpicToon.com may reject Affiliate's application if EpicToon.com determines that Affiliate's site is unsuitable for the Affiliate Program. Reasons for rejection can include, but are not limited to the Affiliate’s site is a non-English language site, the Affiliate's site promoting violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or the Affiliate's site promoting illegal activities and/or violating intellectual property rights.
3) Modification: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
4) Independent Investigation: You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your website. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.
5) SPAM: EpicToon.com has a zero tolerance policy for SPAM. Any Affiliate accused of SPAMMING will be immediately removed from our affiliate program. The only recourse you will have to maintain your affiliate relationship is proof of 'opt in' that will undermine the validity of the Spam complaint. Valid SPAM complaints will result in the immediate termination of your account and forfeiture of any commissions owed you.
6) Miscellaneous: This Agreement will be governed by the laws of the home state of EpicToon.com. Any action relating to this Agreement must be brought in the federal or state courts located in the home state of EpicToon.com, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
7) Linking: We will provide you with textual and graphical links (Link Materials) with which you may link your Web site to our Web site. These Link Materials are available in your affiliate login panel in the 'inventory' area. If you are an approved Affiliate, we grant you a non-exclusive limited license solely to reproduce and use these Link Materials, including our trademarks to the extent they are incorporated into these Link Materials, only while you are an Affiliate and only in accordance with the terms and conditions of this Agreement. You many include Link Materials in mailings to your opted-in lists (see section 6 regarding Spam) and in other advertisements at your discretion. You agree to display the Link Materials appropriately on your Web site and in advertisements, and to respect our trademarks, service marks, and other rights in the Link Materials. You will use only these Link Materials to link to EpicToon.com, and you will not alter the look or feel of these Link Materials or of our Web site in any way. You will use reasonable efforts to update to new versions of Link Materials as we make them available.
8) Tracking: EpicToon.com will be solely responsible for tracking sales using special software that communicates with the specially encoded URLs assigned to affiliates. EpicToon.com will endeavor to do its best to ensure accurate tracking of referrals made by affiliates. Affiliates will themselves be solely responsible for ensuring that these special URLs are formatted properly, a necessary prerequisite to accurate tracking of referral sales. Notwithstanding the above statement of responsibility by EpicToon.com to track sales, affiliates hereby acknowledge and accept that the tracking system employed by EpicToon.com is not 100% fail-safe and that there may on occasion be instances of referral sales made that are not credited to an affiliate for any of the following possible reasons:
Failure by the affiliate to use the proper format of the specially assigned URL in promotions, webpage links, banner ads, and so on. Deliberate or accidental actions by customers to circumvent an affiliate's special URL so that our software is unable to accurately track that sale.
Bugs, glitches or crashes of the tracking software that render it unable to accurately track sales for a period of time.
Acts of nature that cause irretrievable data loss on the computers and back-up disk media.
9) Limitation of Liability: We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement.
10) Relationships and Responsibilities: You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
The technical operation of your site and all related equipment.
The accuracy and appropriateness of materials posted on your site (including, among other things, all product-related materials)
Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
Ensuring that materials posted on your site are not libelous or otherwise illegal.
We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
11) Relationship of Parties: EpicToon.com and your company are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this agreement.
12) As a Publisher, You agree:
(a) You may not place Links to EpicToon.com in unsolicited email and other types of spam. You must place Links to EpicToon.com such that it is unlikely that the Links will mislead the Visitor. None of Your promotional activities may infringe EpicToon.com’s intellectual property rights (including but not limited to trademark rights).
(b) That sites of an offensively sexually explicit nature are not allowed.
(c) That child pornography is not allowed, and if noted, will be reported immediately to the appropriate local and federal authorities.
We may deem your promotional activities inappropriate and a material breach of this Agreement based upon the foregoing, and/or on reasonable Internet business standards as they may evolve. If you are in breach of this Section 12, we shall terminate your account without notice. EpicToon.com is, under no circumstances, responsible for the practices of any Publisher or such Publisher's Web site(s).
13) Termination from the EpicToon.com Program/Campaign.
After you have been approved by EpicToon.com, EpicToon.com may terminate you from the EpicToon.com Program or Campaign for any of the following material breaches:
(a) Operation of an illegal business through such Web site and/or subscription email list;
(b) engaging in any illegal activity of any type, including but not limited to displaying illegal content on Your Web Site and/or in Your subscription emails or offering any illegal good or service through Your Web Site and/or subscription emails;
(c) operation of a Web site or email Link to Web sites that contain or promote, any of the following content: illegal, cracking, hacking or warez, or Link to a Web site(s) that does so;
(d) Engaging in indiscriminate or unsolicited commercial advertising emails;
(e) Causing or enabling any Transactions to be made that are not in good faith;
(f) Breach of the licensing provisions of this Agreement;
(g) Breach of any other intellectual property right provision of this Agreement or other of common law intellectual property rights of Advertiser; and/or
(h) Diluting, blurring or tarnishing the value of the EpicToon.com trademark, trade name, and/or service mark.
(i) Using: (including but not limited to) cloaking / black-hating techniques / parasitic marketing systems / parasite-ware / adware / spyware / or any techniques that negatively impact EpicToon.com’s Natural Search Engine Optimization (SEO), Search Engine Marketing (SEM) (at our discretion), or paid listings, directory listings and any other such promotional avenues.
14) EpicToon.com Payout Rate.
EpicToon.com shall establish a Payout rate for a qualifying Transaction for each Campaign. Your Account will be credited with each Payout in accordance with the EpicToon.com Payout rate for each such Visitor action resulting directly from your referral links to EpicToon.com.
EpicToon.com may discontinue Campaigns or Programs, or decrease any Payout rate upon 7 days written notice with effect from the 8th day from such notice. EpicToon.com will send you a notice regarding each change in Payout rate(s) or Campaign or Program discontinuation.
15) Payment.
If on (or around) the 2nd and the 17th day of the month your Account exceeds the minimum balance of $50.00, as set by EpicToon.com, we will issue to you any positive balance in your Account. Payouts earned by Publishers will not be counted as having been earned by Publisher if the Payout subsequently becomes a Refund or Charge-back or until the Charge-back period has expired (if applicable).
EpicToon.com reserves the right to change payment terms giving 7 days notice via written email to your nominated email address.
Any questions (including disputes) regarding Payouts and/or payment should be directed to your affiliate manager.
16) Parasites.
EpicToon.com does not use or condone the use of parasitic marketing systems / parasite-ware / adware / spyware / or any other such parasitic actions that could impact upon a publishers affiliate program transaction. In accordance with section 13(i) publishers using these techniques shall be terminated from the program without prior notice. It is the publisher’s responsibility to inform EpicToon.com should they detect any such activity. EpicToon.com cannot be held responsible for such activity that is initiated or actioned by a third party.
It is the responsibility of EpicToon.com to follow processes (as deemed relative and necessary) within its means to ensure the elimination of such systems and / or actions.
17) EpicToon.com Paid Search Advertising Policy for Affiliates.
(a) Affiliates are not allowed to use EpicToon.com in the Display URL of a paid search ad bidding on “EpicToon”, or “EpicToon.com”.
In short, you are not allowed to use direct-to-merchant PPC when bidding on our trademarks. When bidding on our trademarks, you must send all traffic to your own site and then have the customer click through to our site from there.
Using direct-to-merchant PPC when bidding on products is allowed but we reserve the right to grant this privilege to select professional PPC affiliates. Please contact us regarding this.
Any affiliate who is caught bidding on our trademarks and sending the traffic directly to our site, as if the ad were placed by us, will be immediately terminated from the program and all commissions will be reversed. In order to maintain a level playing field for all affiliates, as well as to maintain our own ROI in our affiliate program, we have a Zero Tolerance Policy here and there are no second chances.
(b) Messaging used in paid search advertising must not include incorrect information or information that can be perceived as false advertising or dishonest advertising, including (but not exclusive to) the following phrases: instant delivery, immediate delivery, fully stocked, all servers stocked, stocked. Messaging must not dilute, blur or tarnish the value of the any EpicToon.com trademarks, trade names, and/or service marks.
(c) You may not bid for the following keywords: Any keywords related to the content described in section 13 (a, b, c, d & h) of this agreement.
EpicToon reserves the right to withhold commission for affiliates who violate Section 17 (a), (b) and (c) of this Terms of Agreement.
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