Affiliate Terms & Conditions
Last Updated: June 7, 2024
The following Affiliate Terms & Conditions (“Terms and Conditions”) shall govern your (“Affiliate”) advertising and marketing activities undertaken to promote the products and services of Emailable, LLC (“Company”) to prospective customers (“End Users”) of the Company (the “Affiliate Program”). Affiliate and Company are each a (“Party”) and, collectively, are the (“Parties”) hereto. As an authorized affiliate of Emailable, LLC, you agree to abide by the Terms and Conditions contained in this agreement. Please read the entire Terms & Conditions carefully before registering and promoting Emailable, LLC as an Affiliate. Your participation in the Affiliate Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to Emailable, LLC by your own website or personal referrals. By signing up for the Emailable, LLC Affiliate Program, you indicate your acceptance of this agreement and its Terms and Conditions.
1. Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program application.
If an existing Affiliate meets the requirements to upgrade to a higher commission tier, they must manually reapply to the higher tier or be invited by Emailable, LLC.
2. Commissions
Affiliates will be paid up to 30% commission for each successful referral.
Commission Tiers:
- 20% Commission - 0-38 successful referrals
- 25% Commission - 39-99 successful referrals
- 30% Commission - 100+ successful referrals
A successful referral is defined as a referral that becomes a paying customer of Emailable, LLC. Affiliates must request to be paid within thirty (30) days of a successful referral, where a completed referral will become a new customer.
You cannot refer yourself and will not receive a commission on your own accounts. There is a limit of one commission per referral. If someone clicks the link on your site and creates multiple accounts, you will only receive a commission on the first account created. Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not have commissions paid out to the Affiliate.
3. Payment
Before commencing any services hereunder, and to be eligible to receive any commission payment(s) hereunder, the Affiliate must comply with the following requirements: (i) agree to any Rewardful platform terms; (ii) agree to these Terms and Conditions; (iii) accurately complete all requested information during Company’s Affiliate account online sign-up process at https://affiliates.emailable.com/signup, and (iv) submit all necessary tax documents to Company. Commission payment(s) will be based on gross sales attributable to the referred End User (“Gross Sales”), upon the End User clicking on the Affiliate link and completing registration as an End User of the Company.
The Affiliate will be eligible to receive commission payment(s) for 24 months or so as long as neither party has terminated these terms and conditions for each successful referral. Upon termination of the Affiliate’s account by either Party, the Affiliate is no longer eligible to receive commission payments.
When moving to a higher commission tier, the commission you receive for previous successful referrals will not increase. For example, if Referral (A) signed up during the 20% commission tier, and you move into the 25% tier, you will receive 20% commission on any additional spend from Referral (A). You will only be paid 25% commission on any new successful referral after being accepted into the Program.
Affiliates will be paid on a net 30-day basis, however, no payment will be issued for any amount less than $100. Payments are not automated and must be requested. All payments will be in U.S. Dollars and are exclusive of any taxes to which the Affiliate may be subject. The Affiliate is responsible for payment of all taxes applicable to any payments made hereunder. All amounts payable by the Company to the Affiliate are subject to be offset by any amounts owed by the Affiliate to the Company. Affiliate will have seven (7) days to dispute the accuracy of any payment; such dispute must be provided to the Company in writing. The final determination of Gross Sales generated by the Affiliate will be at the sole discretion of the Company.
4. Termination
Your Affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the Affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Violation of intellectual property rights. The Company reserves the right to require license agreements from those who employ trademarks of Emailable, LLC in order to protect our intellectual property rights.
- Offering rebates, coupons, or other forms of promised kickbacks from your affiliate commission as an incentive. Adding bonuses or bundling other products with Emailable, LLC, however, is acceptable.
- Self-referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, the Company reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
5. Affiliate Links
You may use graphics and text links, both on your website and within your email messages. You may also advertise the Company’s site in online and offline classified ads, magazines, and newspapers. You may use the graphics and text provided by us, or you may create your own graphics and texts as long as they are deemed appropriate according to the conditions and not in violation of any conditions set forth herein.
6. Coupon and Deal Sites
The Company occasionally offers coupons to select Affiliates and our newsletter subscribers. If you are not pre-approved / assigned a branded coupon, then you are not allowed to promote the coupon. Below are the terms that apply for 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 anything besides currently authorized deals to the specific Affiliate. Affiliates may not bid on the Company’s coupons, 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 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.
7. Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior written permission.
8. Limited Liability
Emailable, LLC will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s). The Company does not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Emailable, LLC. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
9. Term of the Agreement
The term of this agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated. The Terms and Conditions of this agreement may be modified by the Company at any time. If any modification to the Terms and Conditions of this agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any changes.
10. Indemnification
Affiliate shall indemnify and hold harmless the Company and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by the Company to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
11. Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of New York. Any dispute arising under or related in any way to this agreement shall be adjudicated exclusively in the state courts located in New York. In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
12. Electronic Signatures Effective
This agreement is an electronic contract that sets out the legally binding terms of your participation in the Company’s Affiliate Program. You indicate your acceptance of this agreement and all of the Terms and Conditions contained or referenced in this agreement by completing the Company’s Affiliate Program application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. Affiliate acknowledges that they have read these Terms and Conditions, understands them and agrees to be bound by and to honor the these Terms and Conditions. Please print a copy of these Terms and Conditions for your records.