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 end users. 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 Agreement carefully before registering and promoting Emailable, LLC as an Affiliate.Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to Emailale, 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.
Affiliates shall be paid a 15% commission for each successful referral, where a successful referral is defined as a referral that becomes a paying customer of Emailable, LLC.Commissions will be paid within thirty (30) days of a completed referral, where a completed referral will be the engagement of a new customer.You cannot refer yourself, and you will not receive a commission on your own accounts. There is also a limit of one commission per referral. If someone clicks the link on your site and creates multiple accounts, then you will receive a commission on the first account created only.Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
Prior to commencing any services hereunder, and to be eligible to receive any commission payment(s) hereunder, 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 sign-up online 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, upon the End User clicking on the Affiliate link and completing registration as an End User of Company. Affiliate will be eligible to receive commission payment(s) throughout the duration of the End User’s relationship with Company, so long as neither Party has terminated these Terms and Conditions. Upon termination of Affiliate’s account by either Party, Affiliate is no longer eligible to receive commission payments.
Affiliate will be paid on a net 30 day basis, however no payment will be issued for any amount less than $100. All payments will be in U.S. Dollars and are exclusive of any taxes to which Affiliate may be subject. Affiliate is responsible for payment of all taxes applicable to any payments made hereunder. All amounts payable by Company to Affiliate are subject to be offset by any amounts owed by Affiliate to Company. Affiliate will have seven (7) days to dispute the accuracy of any payment; such dispute must be provided to the Company in writing. Final determination of Gross Sales generated by Affiliate will be at the sole discretion of the Company.
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. Emailable, LLC 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 kick-backs 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, Emailable, LLC 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 Emailable, LLC 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 as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.
6. Coupon and Deal Sites
Emailable, LLC occasionally offers coupons to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re 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 that anything besides currently authorized deals to the specific affiliate.Affiliates may not bid on Emailable, LLC Coupons, Emailable, LLC 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.User 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).We do 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 us 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.
Affiliate shall indemnify and hold harmless Emailable, LLC and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Emailable, LLC 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
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Emailable, LLC 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 Emailable, LLC 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 above Terms and Conditions. Please print a copy of these Terms and Conditions for your records.