Affiliate Program Terms and Conditions
Welcome to the Motherfigure Affiliate Program! Below is a legal agreement written in super annoying “legalese.” It can be a little confusing, so I’ll start with a brief “plain English” summary (but still read the entire legal version).
Plain English Terms and Conditions:
By agreeing to participate in the Affiliate Program, you agree to some terms and conditions. These conditions include not embarrassing yourself or me by posting lewd, violent, discriminatory, or illegal things on the internet. In other words, I assume anyone who wants to be affiliated with Motherfigure is not a jerk (as I’m sure you are not). If for some reason a jerk falls through the cracks and becomes an affiliate, I reserve the right to immediately dissolve our relationship. You also agree not to sue me (and I agree not to do anything that would make you want to sue me). You agree to fill out the proper tax forms; I agree your private information will remain confidential; and, we both agree not to plagiarize or steal from anyone (including from Motherfigure.com).
Oh, and if I modify any of the terms and conditions, I’ll send you an email.
The Legal Version:
Welcome to the Motherfigure Affiliate Program. If you have questions about the agreement, please email me (Meredith) directly at firstname.lastname@example.org.
PLEASE READ THE ENTIRE AGREEMENT.
This is a legal agreement between you and Motherfigure.com. Registering for the Affiliate Program constitutes your agreement with and understanding of the following terms and conditions. Please note that any uses of “I” refers to the owner of Motherfigure.com and any uses of “you” refers to the affiliate.
1. Affiliate Obligations
All applications will be approved on a case by case basis. However, if your application is approved, I reserve the right to revoke your affiliate status at any time. I may cancel your affiliate status if I determine that you have done any of the following:
1.1.1. Promote inappropriate sexual material
1.1.2. Promote violence
1.1.3. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
1.1.4. Promote illegal activities
1.1.5. Incorporate any materials which infringe on or assist others to infringe on any copyright, trademark, or other intellectual property rights
1.1.6. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable.
2. Motherfigure.com Rights and Obligations
2.1. I have the right to monitor your site or postings across the internet at any time to determine if you are following the terms and conditions of this Agreement. I reserve the right to cancel your participation in the Motherfigure Affiliate Program.
2.2. Motherfigure.com reserves the right to terminate this Agreement and your participation in the Motherfigure Affiliate Program immediately and without notice should you commit fraud or should you abuse this program in any way. If such fraud or abuse is detected, Motherfigure.com shall not be liable to you for any commissions for such fraudulent sales.
2.3. This Agreement will begin upon my acceptance of your Affiliate application, and will continue unless terminated hereunder.
Either you or I may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of email. In addition, this Agreement will terminate immediately upon any breach of this Agreement.
I may modify any of the terms and conditions in this Agreement at any time at my sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Motherfigure Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in the Motherfigure Affiliate Program following the posting of the change notice or new Agreement on the site will indicate your agreement to the changes.
All payments will be made in United States dollars through Paypal.com and therefore will abide by Paypal procedures and fees. Payments will be made 30 or 31 days after the last day of the month in which a commission was earned. No commissions will be paid out until the proper tax forms have been received by Motherfigure.com. If these forms are not received within 15 days of acceptance to the Affiliate Program, Motherfigure.com will not pay out any earned commissions and will terminate your membership.
6. Access to Affiliate Account Interface
You will create a password so that you may enter Motherfigure’s secure affiliate account area.
7. Promotion Restrictions
7.1. You are free to promote your own web sites, but naturally any promotion that mentions Motherfigure.com could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Motherfigure.com. For example, advertising commonly referred to as “spamming” is unacceptable. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Motherfigure.com so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Motherfigure.com so long as the group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Motherfigure.com.
8. Grant of Licenses
8.1. I grant to you a non-exclusive, non-transferable, revocable right to (i) access Motherfigure.com through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that are provided to you or authorized for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Motherfigure.com’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Motherfigure.com.
8.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
Motherfigure.com makes no express or implied representations or warranties regarding the Motherfigure.com website or the products or services provided therein. In addition, I make no representation that the operation of Motherfigure.com will be error free, and I will not be liable for the consequences of any interruptions or errors.
10. Representations and Warranties
You represent and warrant that:
10.1. 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;
10.2. You have the full right, power, and authority to enter into this Agreement bound by the terms and conditions of this Agreement, without the approval or consent of any other party.
11. Limitations of Liability
I WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS). FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL MOTHERFIGURE.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.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
13.1. 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 Motherfigure.com. You will have no authority to make or accept any offers or representations on Motherfigure.com’s behalf. You will not make any statement, whether on your site or any site, that reasonably would contradict anything in this Section.
13.2. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
13.3. This Agreement represents the entire agreement between us, and shall supersede all prior agreements and communications of the parties, oral or written.
13.4. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
13.5. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.