MondoTag Affiliate Agreement
Version 1.0 - Updated on November 7, 2016
Please read the terms of our Affiliate Agreement (“Agreement”) before you join our Affiliate Program (“Program or “Affiliate Program”) or begin marketing our products. This is a legal agreement between you (“Affiliate”) and MondoTag.com Inc. (“Company”).
As an Affiliate, we expect you to comply with all applicable rules and laws, especially those that apply to spam and advertising, and to conduct yourself with professionalism and integrity when dealing with customers and prospective customers.
Upon your acceptance into the Program you will be given your login credentials to our in-house Affiliate Center.
As used in this Agreement:
(i) “We”, “us” ‘our” or “Company” refers to MondoTag.com Inc, MondoPlayer and our website;
(ii) “You”, “Your” or “Affiliate” refers to refers to you as the applicant agreeing to the Affiliate Agreement and participating in the Program as an “Affiliate”;
(iii) “Customer” means an authorized Customer of MondoPlayer, who registers for a free or paid account;
(iii) “Our website” refers to our website located at www.MondoPlayer.com or www.MondoTag.com;
(iv) “Your website” refers to any websites that you state during the signup process that you own or operate and will link to our website;
(v) “Program” or “Affiliate Program” refers to our Affiliate Program;
(vi) “Product(s)” refers to a MondoPlayer account or any other products of MondoTag.com Inc.
To be eligible for the Program, you must be 18 years of age or older. You must submit a Program application containing all of the information requested and all the domains that will use your affiliate link. You must provide accurate and complete contact and payment information (and provide us with future updates) and you must accept these terms. After receiving your application, we will notify you of your acceptance or rejection into our Program. Please allow up to 48 hours for your application to be reviewed. We reserve the right to reject any application. We do not accept Coupon or Deal Sites or sub-affiliate networks.
EXCLUSION OF RESIDENT AFFILIATES IN SELECT STATES
Due to local state tax laws, we are not accepting affiliates residing in Arizona, Arkansas, Connecticut, Hawaii, Maine, Minnesota, Missouri, New Mexico, Nevada, Pennsylvania and Vermont. If at any time following your enrollment in the Program you become a resident of any of these states you will become ineligible to participate in the Program and your participation in the Program will automatically terminate, on the date you establish residency in the State. You must promptly notify us in writing of your residency in these states, which you may do by sending an email to us at firstname.lastname@example.org
You will be issued a special URLs or links once you are approved for the Affiliate Program which will be unique to you and will allow you to be paid for affiliate referrals.
Affiliate agrees and understands that if its marketing, websites, emails or any other communications associated with or for this Program are deemed inappropriate that Affiliate will be deemed, at our sole discretion, ineligible to participate in this Program and disqualified from receiving any recognition, commissions or other compensation or further communications from us.
Affiliate will be immediately removed from the Program – resulting in a forfeiture of all commissions – and will be in violation of this Agreement if its marketing for this Program or for its own sites:
- Infringes on our or anyone else’s intellectual property, publicity, privacy or other rights or contains unlawful material or links to a site that contains such material.
- Violates any law, rule or regulation of the government authority that has jurisdiction over you.
- Contains any content that is threatening, violent, harassing, defamatory, discriminatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
- Promotes illegal activities or get-rich-quick schemes that have no tangible business value.
- Contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- Contains software or uses technology that attempts to intercept, divert or redirect internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions and add-ons.
- Uses any “bot” or automated link generating, spamming, or social media spamming techniques to perpetuate their links automatically or anonymously. You should only participate in this Program by sending your link directly to your email list, your social media contacts, your blog, or through ads you have placed that comply with these Terms.
- Engages in fraudulent activity including but not limited to any action that intentionally attempts to create sales, leads or click throughs using robots, frames, iframes, scripts or manually “refreshing” of pages, for the sole purpose of creating commissions.
- Uses our videos, images, banners, likeness or brand name in or on your websites, thus creating market and consumer confusion. You may not use our banners, images or videos, unless specifically supplied to you, as if they are your own or on your own sites or any other sites.
- Defames, slanders or posts rude or inappropriate comments about us or any public figure or member of the expert community or any other Affiliate. Any rude communication with us can result in your removal from the Program and a forfeiture of all commissions.
- Uses any of our brands in the root of a URL link. For example, you cannot use “MondoPlayer” “Mondo Player” “MondoTag” or “Mondo Tag” or any of our brand names or any mispelling or alternative use/spelling of our brand names in your website domain before the dot like www.MondoPlayer.net or www.MondoPlayerreview.com . An example of a permitted use by an Affiliate is www.YourSite.com/MondoPlayer.
- Lists coupon codes or discounts that are not officially provided to Affiliate by us.
- For any other reason that is deemed by us to be contrary to this Agreement.
ANTI-SPAM AND UNSOLICITED EMAIL
We have no tolerance for spam. We will terminate your Affiliate account immediately if you are suspected of such activity and no further commissions will be owed to you.
Affiliate agrees not to send any unsolicited email to any party unless such email complies with all applicable anti-spam laws. Affiliate agrees not to to spam using “bots” or automated or anonymous social media posting. Affiliate agrees not to spam search engines, forums, blogs or social media with links. Affiliate agrees to abide by all applicable anti-spam laws, rules and regulations.
COMPLIANCE WITH DISCLOSURE GUIDELINES
All affiliates must comply with the applicable laws, rules, regulations and guidelines for disclosure of endorsements, testimonials, sponsorships and affiliate relationships. You must disclose that you are an affiliate and may receive a commission at the top of your blog post. Social media posts must clearly indicate your ability to receive a commission by using the hashtag #ad or the hashtag #sponsored at the beginning of the post. Further information is available in the Affiliate Center.
We reserve the right to withhold commission fees and terminate this Agreement with you should we determine, in our sole discretion, that Affiliate is not in compliance with the Disclosure Guidelines.
We’ve taken every effort to ensure we accurately represent our Program and it’s potential to help you earn commissions. However, there is no guarantee that you will get any results or earn any money whatsoever as an Affiliate, and we do not purport this as a “get rich scheme”. Nothing on our sites or in this Program is a promise or guarantee of earnings. Your level of success in attaining results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network, list and financial situation. Because these factors differ according to individuals, we can not guarantee your success, income level, or ability to earn revenue. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our sites or in our Program are simply our expectations or forecasts for future potential, and thus are not guarantees or promises for actual performance. These statements are simply our opinion. We make no guarantees that you will achieve any results from our ideas or Program and we offer no professional legal or financial advice.
The commission is a percentage of the fee(s) that the Customer has paid to us. Commissions are only earned if a Customer uses a properly coded Affiliate link and buys a paid account within the cookie life period or uses a properly coded coupon within the coupon life period. If the Customer does not buy a paid account you will not be eligible for any commission.
The Commission is a 15% recurring commission for the lifetime of the Customer’s paid account provided you remain eligible to receive a Commission pursuant to this Agreement. The Commission will be paid if the Customer buys a paid account using your link or coupon. If the Customer cancels their account or the account is suspended and later renewed using a different Affiliate’s link or a different Affiliate’s coupon, the commission will be paid to the Affiliate whose link or coupon was used.
Commission payments will be minus the amount of any refunds or chargebacks (including but not limited to credit card fraud) and sales attributed to spam. If a refund or chargeback occurs after a commission has been paid it will be deducted from the amount owed to the Affiliate. Word of mouth referrals will not result in an affiliate commission.
Affiliate commissions are paid in USD via Paypal between the 15th and 30th of each month. Since we have a 30 day money back guarantee, we only pay commissions that are older than 45 days. The minimum payout balance is $50. It is Affiliate’s responsibility to provide a valid email address for payment and to keep their payment information current. We will not resend payments returned due to incorrect payment email addresses. We reserve the right to change the dates of commission payouts.
Commissions may not be shared with Customers, your employees or any other Third Party.
Affiliate is responsible for using and maintaining their affiliate links. Only sales tracked through our system will count towards the Affiliates commissions. All sales and commission numbers are tallied by us and credit due to the Affiliate and all the final sales and commission numbers are at our sole discretion.
We make every reasonable effort to accurately track and pay commissions for all sales that come from Affiliates, but we are not responsible nor under any circumstances will be held liable for any technical difficulties, outside events, actions by other affiliates, or other uncontrollable events that may disrupt or interfere with our ability to track sales or pay commissions. Under no circumstances will we be held liable for any indirect, incidental special or consequential damages or any loss of revenue or profits that results from Affiliate’s participation in this Program.
Commission structure may be changed at our discretion. We will notify all Affiliates 30 days prior to a commission structure change. Commissions earned under the previous structure will be paid under the previous structure. Commissions earned under the new structure will be paid under the new structure.
We reserve the right to disqualify commissions earned through fraudulent, illegal or overly aggressive, questionable sales or marketing methods.
When a potential customer clicks on your referral link, a cookie is stored in their browser to track your referral. The cookie is stored for 60 days to give your referred Customers time to decide if they wish to buy a paid MondoPlayer account.
A commission will not be awarded if:
(i) the customer uses a different browser to purchase than the one they originally used to visit our site because the cookie does not exist in that browser;
(ii) the customer purchases after the cookie has expired.
As an incentive to get the Customer to purchase a paid MondoPlayer account, we provide Affiliates with a link so Customer can get a discount coupon. A unique coupon is generated for each Customer and is individually encoded to identify the affiliate who referred the Customer and the expiration date for the coupon.
Coupons are beneficial to affiliates because they are an incentive to the Customer to purchase at an additional discount. In cases where a Customer switches from one browser to another or one device to another and the Affiliate’s cookie does not exist on the browser or device, if the Customer uses that Affiliate’s coupon and makes a purchase the Affiliate gets credit for the referral.
If a Customer uses a coupon to purchase their paid MondoPlayer account the Affiliate whose link is associated with the coupon gets the Commission.
Coupons may only be advertised on the Affiliate’s website, in emails sent by Affiliate or in a video made by Affiliate. They must not be used on social media accounts or on third party websites except if they are contained in an Affiliate’s video which adheres to the Usage Guidelines.
When a coupon is advertised on the Affiliate’s site it my only be used as a jpeg or png image and not as a link. The page containing the coupon image must not have any html text or tags either visible or hidden using words including but not limited to “coupon”, “deal”, “discount”, “discount code”, “promo”, “promo code”, “promotional code”, “save”, “savings” or “% off” that indicate to search engines that this is a coupon.
A coupon may be used in a video but only as an image. There may be no spoken words, written description or written transcription, describing the coupon using the words set out above that can indicate to search engines that this is a coupon.
Failure to follow these guidelines will result in the immediate termination of your Affiliate account and no further commissions will be owed to you.
We will be solely responsible for processing every order placed by a Customer via affiliate links or coupons. Affiliates are not authorized to collect payments or sell any products from other websites as a “reseller” and no “resale” rights are granted in ANY way. We will be solely responsible for all customer service inquiries.
MARKETING ASSETS AND ACTIVITIES
We will provide you with marketing assets such as graphics, ads, testimonials and email copy in the Affiliate Center. You may only use testimonials provided to you by us and you agree not to use fake testimonials. All marketing assets provided to you shall remain the property of us. If you have questions about the permitted uses of these materials, please contact us at email@example.com
Your website must not in any way copy, resemble or mirror the look and feel of our website. You will not use any means to create the impression that your website is our website or any part of our website, including, without limitation, framing our website in any manner.
You may not promote us through a sub-Affiliate network.
Search Engine Marketing and Pay Per Click
If you use search engine marketing or pay per click, you must follow these guidelines”
- You may not bid on any of our branded terms such as “MondoPlayer” “Mondo Player” “MondoTag” or “Mondo Tag” or any variations or misspellings thereof for search or content based campaigns on Google, MSN, Yahoo, Facebook, Twitter or any other network.
- You may not use our brand names in sequence with any other keyword (i.e. MondoPlayer Coupons).
- You may not use our brand names in your ad title, ad copy, display name or as the display URL.
- You may not direct link to our website from any Per Per Click ad or use redirects that yield the same result. Affiliate links must be directed to an actual page of your website.
- You may not bid in any manner appearing higher than MondoPlayer or MondoTag or any variations thereof for any search term in position 1-5 in any auction style pay-per-click advertising program.
- You must not use any illegal, deceptive or misleading claims in ad copy. You must not use the phrase “official site”.
If you automate PPC campaigns it is your responsibility to exclude our brand names from your program and we suggest you add our brand names as negative keywords. If you engage in PPC brand bidding you will forfeit all commissions for a minimum of the past 30 days and you may be terminated as an Affiliate at our sole discretion.
Promotion of Facebook, Twitter and other social media platforms is permitted following these guidelines:
- You may promote offers to your own social media pages or groups you manage using your affiliate link. You must not use any illegal, deceptive or misleading claims or the phrase “official site”;
- You must not post your affiliate links on our Facebook, Twitter or other social media platform accounts or pages in an attempt to get sales;
- You must not run Facebook ads with our brand names or claiming to be an “official site”;
- You must not create a social media account that includes our brand name in the page name or username;
- You must not directly link from your post to any page on our site. Affiliate links must be directed to an actual page of your website.
RELATIONSHIP OF THE PARTIES
You and we 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 on our site or otherwise that reasonably would contradict this relationship. You are participating in this Program as a full independent entity and you are responsible for any federal, state local, and/or foreign income taxes and self employment taxes and any and all other federal, state and local licenses, fees or taxes or sales tax. Under no circumstances will we be held liable for any actions or results of the Affiliate.
We retain the right, title, ownership and interest in our intellectual property including any and all copyright, trademark or other proprietary rights therein. Nothing in this Agreement shall be construed to grant you any right, title or ownership in our intellectual property.
Any information that you are exposed to by virtue of your participation in the Program, which information is not available to the general public, shall be considered to be “Confidential Information”. You may not disclose any Confidential Information to any person or entity, except where compelled by law, unless you obtain our prior written consent for such disclosure. You shall not use any Confidential Information except to the extent necessary to fulfill the purposes of this Agreement.
You shall not disclose the terms of this Agreement to any third party other than to Affiliate’s employees and agents who have a need to have access to such information and agree in writing to comply with the provisions of this Agreement.
We may, in our sole discretion, change suspend or discontinue any aspect of the Program from time to time and Affiliate agrees that any and all such amendments will apply to Affiliate. The continuation of Affiliate status, promoting or marketing the Product or Affiliate’s acceptance of income, shall constitute acceptance of any and all amendments.
We may modify an offer or link or remove, alter or modify any tags, text graphic or banner ad in connection with a link. You agree to promptly implement any request from us to remove, alter or modify any link, graphic or banner ad that is being used by you as part of the Program.
TERM AND TERMINATION
The term of this Agreement will begin when you accept the Agreement and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause. Upon termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate’s web site, all links to our website and all other materials provided in connection with this Agreement. You are only eligible to earn commissions on sales occurring during the Term, and commissions earned through the date of termination will remain payable only if the paid MondoPlayer account(s) are not cancelled. We may withhold final payment for a reasonable time to ensure against cancellation.
LIMITATION OF LIABILITY
We will not be liable for any 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. Our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under this Agreement during the three months immediately prior to such claim.
Affiliate agrees to indemnify and hold harmless us and our respective subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners and agents against any and all losses, claims,damages, liabilities, costs and expenses (including but not limited to reasonable attorney fees) which Affiliate may be subject to or incur in connection with the Program.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including without limitation, warranties of fitness, merchantability, non-infringement or any implied warranties arising out of a course of performance, dealing or trade usage). In addition we make no representation that the operation of the Product Sites will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.
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 WEB SITE. 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.
GOVERNING LAW AND MISCELLANEOUS
This Agreement is governed by and construed in accordance with the laws of the Province of British Columbia, Canada without regard to any conflict of law rules. This Agreement contains the entire understanding between the parties and governs your use of the Program, superseding any prior written or oral agreements. This Agreement is binding on, and inures to the benefit of the parties legal representative, successors and valid assigns. You are responsible for the payment of all attorney’s fees and expenses incurred by us to enforce this Agreement. You may not assign all or any part of this Agreement without our prior written consent and any attempted assignment without our consent is void. We may freely assign this Agreement. If any provision of this Agreement is held to be void, invalid or inoperative, the remaining provisions of this Agreement shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. Neither course of dealing nor any delay in exercising any rights of this Agreement shall operate as a waiver of such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.