Affiliate Marketing Terms and Conditions
PROGRAM AGREEMENT FOR AKARI LANTERNS (akarilanterns.com)
Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company's good name. So please bear with us as we take you through this legal formality.
If you have any questions, please don't hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results please email us at: firstname.lastname@example.org or affiliates@AkariLanterns.com.
AkariLanterns.com Affiliate Program Manager
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND: Decor54 LLC, AKARI LANTERNS, INC. (DBA AKARILANTERNS.COM)
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
- Overview and Summary
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in AkariLanterns.com's Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the AkariLanterns.com web site. Please note that throughout this agreement, "we," "us," and "our" refer to AkariLanterns.com, and "you," "your," and "yours" refer to you, the affiliate.
Commission paid to approved affiliates: 8% per sale after discounts and before shipping costs.
Sales are only for USA and Canada. (Europe may be added in the future.)
Affiliates are paid on a monthly basis via Direct Deposit / Auto-Deposit
- Affiliate Obligations
To join our Affiliate Program, you must complete and submit an online application at SHAREASALE.COM. Admission to our Affiliate Program is subject to approval and we may re-evaluate and reject your application at any time. We have the right to reject your application at our sole discretion. Akari Lanterns also reserves the right to cancel your application/membership at any time if we determine that your site is unsuitable or inappropriate according to the criteria in this agreement.
2.1 WE DON’T ALLOW ANY OF THE FOLLOWING:
2.1.1. Promotes or is related to: gambling, adult, obscene or pornographic materials or content, harassment, defamation, libel and hate speech or other offensive speech or content, or for any unlawful purpose, including without limitation, fraud, money laundering, child pornography, promoting violence, terrorist-related activities, activities in violation of U.S. export or import laws, any executive orders, or any rules, regulations or orders issued by Office of Foreign Asset Controls ("OFAC"), infringement on rights of others, trafficking in illegal drugs, or any products or services that are prohibited under applicable law, or which Decor54 LLC and Akari Lanterns determines to be controversial or disruptive to the operations of Akari Lanterns or any other User or third party.
2.1.2. Utilize this affiliate program to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization.
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes "Akari Lanterns" or variations or misspellings thereof in its domain name. Affiliates are permitted to use www.site.com/Akari-Lanterns and variations in their domain name.
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Utilizes the services to send unsolicited bulk and/or commercial messages over the Internet (known as "spam" or "spamming").
2.1.9. Utilize this affiliate program to export encryption software to points outside the United States in violation of applicable export control laws.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are AkariLanterns.com or any other affiliated business.
2.1.10. Use of any BitTorrent tracking technology for downloads
2.1.11. The use of Botnets, or any act resulting in web browser vulnerabilities, worms or Trojan horses.
2.1.12. Utilize this affiliate program to subvert, or assist others in subverting, the security or integrity of any Akari Lanterns website, systems, facilities or equipment
2.1.13. Utilize this affiliate program to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous re-mailers or Internet nicknames).
2.1.14. Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or Spam.
2.1.15. Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or Spam.
2.1.16. Attempt to attack, disrupt, or abuse the support- and contact-related mechanisms of Akarilanterns.com, including, but not limited to, telephone lines, e-mail addresses, fax lines, bulletin boards or contact/signup forms.
2.1.17. Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons
2.2 MAINTENANCE AND MANAGEMENT
2.2. As a member of AkariLanterns.com's Affiliate Program, you will have access to the ShareASale Affiliate Account Manager. Here you will be able to review our Program’s details and previously-published affiliate newsletters, download HTML code (that provides for links to web pages within the AkariLanterns.com web site) and banners, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
2.3. AkariLanterns.com reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.
- AkariLanterns.com Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the AkariLanterns.com Affiliate Program.
3.2. AkariLanterns.com reserves the right to terminate this Agreement and your participation in the AkariLanterns.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the AkariLanterns.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, AkariLanterns.com shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
Either you or we 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 mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our 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 AkariLanterns.com's Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in AkariLanterns.com's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
AkariLanterns.com uses a third party to handle all of the tracking and payment. The third party is the ShareASale.com affiliate network. Kindly review the network’s payment terms and conditions. Payments will be made on a monthly basis and funds will be sent via ShareASale auto-deposit.
- Access to Affiliate Account Interface
You will create a password so that you may enter ShareASale’s secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you.
- Promotion Restrictions
8.1. You are free to promote your own web sites, but naturally any promotion that mentions AkariLanterns.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 AkariLanterns.com. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. 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 AkariLanterns.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 AkariLanterns.com so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from AkariLanterns.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the AkariLanterns.com Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as AkariLanterns.com, AkariLanterns, www.AkariLanterns, www.AkariLanterns.com, AkariLamps, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Akari Lanterns’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior. Please read the full Akari Lanterns PPC Policy for additional permissions and restrictions in PPC marketing campaigns.
8.3. Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in Akari Lanterns’s service).
8.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Akari Lantern’s site (i.e., no page from our site or any AkariLanterns.com’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, Bing, Yahoo, and similar search or directory engines); (c) set commission tracking cookies through loading of Akari Lanterns site in IFrames, hidden links and automatic pop ups that open AkariLanterns.com’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
8.5 Contests and Promotions:
- As an affiliate, you will be entitled to participate in and promote on your site special promotions from Akari Lanterns, and, in connection therewith, such promotions shall be available to your users.
- You agree to only use the coupons and promotions provided directly from the Akari Lanterns affiliate newsletter or provided directly from the Akari Lanterns Affiliate Manager.
- You agree not to publish or make public in your advertising of Akari Lanterns, any coupons or promotions which Akari Lanterns may offer in other channels including communications o previous customers, offline offers including television, radio, and print advertising, and non-affiliate related online advertisements.
- You agree to monitor and remove unauthorized coupons or promotions on any public communication outlets under your control including but not limited to message boards, weblog comments, and social networking forums.
- Misuse of custom coupon codes and promotions, using another publisher's custom coupon code, or the posting and publication of unauthorized coupons, discounts, and promotions may lead to immediate removal from the Akari Lanterns affiliate program.
8.6 Email Marketing:
You agree to abide by the CAN-SPAM Act of 2003, which includes the following:
- Don't use false or misleading header information.
- Don't use deceptive subject lines.
- Identify the message as an ad.
- Tell recipients where you're located.
- Tell recipients how to opt-out of receiving future email from you.
- Honor opt-out requests promptly.
- Monitor what others are doing on your behalf.
Akari Lanterns publishers must indicate clearly that they are a third party company advertising on behalf of Akari Lanterns. Publishers must clearly post publisher name, address, and contact information including physical address, phone, and email in all communication with the general public that includes Akari Lanterns in the email. Reference the FTC's CAN-SPAM Act Guide for more information.
Any publisher caught "spamming" via email, messenger, forum, or via other online communication agrees that they will forfeit all payable commissions and be subject to immediate removal from the program.
8.7 Social Media, Blogging, and Content Marketing:
- Social Media Marketing is defined as a promotional technique using social medium to disseminate advertisements on networks and websites with social interaction.
- Social Media Networks include Facebook, Youtube, Twitter, Flickr, Pinterest, and other websites that allow interaction between a marketer and the general public.
- You agree to not present yourself or your communications via Social Media Networks as official Akari Lanterns sponsored advertisements, promotions, or communication.
- You agree not to "spam" Social Media Networks with offers, coupons, or other deals offered by Akari Lanterns.
- Blog Marketing is the use of web blogs to promote, advertise, or discuss products and services.
- When Blog Marketing, you agree to disclose the placement of Akari Lanterns affiliate links in web blogs as advertising.
- You agree to disclose receipt of free product samples, gifts, coupons, and discounts provided by Akari Lanterns for use in Blog Marketing.
- Abuse of the Akari Lanterns Social Media and Blog Marketing guidelines may lead to immediate removal from the affiliate program.
8.7.1 Public Relations and Press:
You shall not create, publish, distribute, or permit any written material that makes reference to Akari Lanterns or the Affiliate Program without first submitting such material to Akari Lanterns and receiving its written consent.
8.8 Mobile Marketing:
- Mobile Marketing is defined as a promotional technique using SMS, MMS, and other types of communication via mobile phones, smart phones, and other wireless communication devices.
- You agree not to present yourself or any mobile promotion as an official Akari Lanterns communication in any Mobile Marketing message.
- You agree not to "spam" offers, coupons, or deals from Akari Lanterns in Mobile Marketing campaigns.
- You agree to monitor and remove users from Mobile Marketing text lists when they choose to opt-out of Mobile Marketing communications.
8.9 Policies and Pricing:
- Users who buy Akari Lanterns products through the Affiliate Program are customers of Akari Lanterns. Accordingly, all of Akari Lanterns policies (including prices and pricing policies), and operating procedures concerning customer orders, customer service, and product sales shall apply. Akari Lanterns may change its policies and operating procedures at any time. Akari Lanterns reserves the right to change prices of products at any time and from time to time.
- You understand and agree that Akari Lanterns shall be the sole owner of any and all data and information Akari Lanterns (or its representatives) obtains or gathers from, or in connection with, end users visiting or transacting business on the Akari Lanterns site or otherwise transacting business with Akari Lanterns, including without limitation, all transaction, usage and preference data.
- Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of AkariLanterns.com's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of AkariLanterns.com and the good will associated therewith will inure to the sole benefit of AkariLanterns.com.
9.2. 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.
AKARILANTERNS.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING AKARILANTERNS.COM SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF AKARILANTERNS.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
- Representations and Warranties
You represent and warrant that:
11.1. 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;
11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
- Limitations of Liability
WE 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), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL AKARILANTERNS.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.
You hereby agree to indemnify and hold harmless AkariLanterns.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
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.
15.1. 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 AkariLanterns.com. 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York without regard to the conflicts of laws and principles thereof.
15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
15.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
15.6. 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.
15.7. 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.