Affiliate Terms of Service
This agreement (“Agreement) is made between Igan Mich Publishing LLC (“IMP”), and the Affiliate, (and collectively, the “Affiliates”) for participation in IMP affiliate program. If Affiliate does not want to participate in the affiliate program, please disregard the following agreement and do not activate the affiliate program.
Promotional Materials
IMP shall make available to affiliates certain banner advertisements, button links, text links, and/or other graphic or textual material for display and use on the affiliate website (the “promotional materials”). Affiliate shall display the promotional materials on Affiliate’s website prominently and as Affiliate sees fit, provided that the manner of display shall be subject to the terms and conditions of this Agreement. Affiliates shall also include a link from the promotional materials to the IMP website, as specified by IMP.
Use of Promotional Materials
License
IMP hereby grants to Affiliate a nonexclusive, non-transferable license (the “License”) to use the 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.
Intellectual Property
IMP retains all rights, ownership, and interest in the promotional materials and in any copyright, trademark, or other intellectual property in the materials. 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.
Relationship of Parties
This agreement shall not be construed to create any employment relationship, agency relationship, or partnership between IMP and Affiliate. The affiliate shall provide services for IMP as an independent contractor. Affiliate shall have no authority to bind IMP into any agreement, nor shall Affiliate be considered to be an agent of IMP in any respect.
Commissions
Affiliate’s Representations and Warranties
The affiliate represents and warrants the following:
- Affiliate has the legal authority to enter into this agreement and to be bound by the promises, covenants, and other duties set forth in it. By registering with the affiliate program, the affiliate agrees to be bound by these terms and conditions and confirms that you are at least 18 years of age and are lawfully fit and able to accept these terms and conditions.
- If Affiliate is participating in the affiliate program on behalf of any legal entity or corporation, you further represent and warrant that you are rightfully authorized to accept these Terms and Conditions and enter into an agreement on such entity’s behalf.
- IMP reserves the right, in its sole discretion, at any time to refuse anyone’s participation in the affiliate program and change any of the Terms and Conditions. You agree that your participation in the affiliate program after the date when the updated Terms and Conditions come into effect establishes an agreement based on the amended Terms and Conditions and will apply to your participation in the affiliate program from that point forward.
- The affiliate’s website does not contain any materials that are:
- Sexually explicit, obscene, or pornographic;
- Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
- Graphically violent, including any violent video game images; or
- Solicitous of any unlawful behavior
- Affiliate has obtained any necessary clearances, licenses, or other permission for any intellectual property used on Affiliate’s website. Nothing on Affiliate’s website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor does Affiliate have any reason to believe that any person or entity will bring or threaten such a claim in the future.
- Affiliates will not use the promotional materials in any manner other than those set forth in Section 2 above.
- Affiliates will not make any claim to ownership of the promotional materials or of the copyright, trademark, or other intellectual property therein.
- Affiliate will not publish or otherwise distribute any advertising materials for Affiliate’s website that reference IMP or IMP’s website unless IMP gives prior written consent to the distribution of such materials. Affiliate will not use the IMP name (or any name that is confusingly similar to the IMP name) for any purpose on its website, in its promotional materials, or in any other context except to promote the IMP website as specified in this Agreement. Affiliates will not register any domain name that incorporates the IMP name or that is confusingly similar to BuddyBoss.com’s name.
- Affiliates will not engage in the distribution of any unsolicited bulk emails (spam) in any way mentioning or referencing IMP or the IMP website.
- Affiliates will not attempt to inflate referral commissions artificially. If IMP suspects artificial manipulation of referrals, it will result in the immediate termination of this agreement, and the affiliate will forfeit all outstanding commissions.
Coupon and Deal Sites
IMP reserves the right to offer coupons to select affiliates and to our newsletter subscribers. If you’re not pre-approved or assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply to any affiliate who is considering the promotion of our products in relation to a deal or coupon:
- Affiliates may not use misleading text on affiliate links, buttons, or images to imply that anything besides currently authorized deals with the specific affiliate.
- Affiliates may not bid on IMP coupons, IMP 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 saving by clicking on a clearly marked link, button, or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
- Users 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 the 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.
Indemnification
Affiliate shall indemnify IMP and hold harmless IMP from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of Affiliate’s warranties set forth in Section 7 above. Affiliate shall also indemnify and hold harmless IMP for any damage, loss, or other cost arising out of the use or misuse by Affiliate of the Promotional Materials.
Confidentiality
Any information that Affiliate is exposed to by virtue of its relationship with IMP 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 person or entity, except where compelled by law, unless Affiliate obtains prior written consent for such disclosure from IMP.
Term
This Agreement shall take effect immediately and shall remain in full force and effect indefinitely, or until terminated pursuant to this Section.
Either party shall have the right to terminate this agreement at any time and for any cause. The terminating party must give written notice to the other party at least 30 days prior to the intended date of termination.
Taxes
IMP shall not be responsible for any taxes owed by the affiliate arising out of the affiliate’s relationship with IganMichConsulting.com as set forth in this agreement. IganMichConsulting.com shall not withhold any taxes from the commissions paid to affiliates.