EFFECTIVE: February 5, 2017
(MUST READ IN ENTIRETY AND AGREE TO PARTICIPATE IN PROGRAM)
1. ACCEPTANCE OF TERMS THROUGH USE
This Affiliate Ambassador Compliance Agreement will govern your participation on the Network as an Affiliate Ambassador, and are incorporated into and made a part of your Affiliate Network Policies and your Affiliate Ambassador Agreement. By clicking the “Accept” or similar acceptance box in any other language, you agree that the effective date of this Agreement is the date on which you click “Accept”. To print a copy of this Agreement, please use your browsers print command. PLEASE BE ADVISED THAT YOU SHOULD NOT CLICK AND ACCEPT THIS AGREEMENT ON BEHALF OF AN ENTITY UNLESS YOU HAVE BEEN AUTHORIZED TO BIND THAT ENTITY TO THE TERMS OF THIS AGREEMENT.
2. YOU MUST BE 18 OR OLDER TO AGREE TO THIS AGREEMENT AND USE THIS WEBSITE
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18 to access this site, he or she should email the Company with his or her explicit permission and acceptance of full legal responsibility. If you are not yet 18 or are accessing this site from any country where this material is prohibited, please exit now as you do not have proper authorization.
3. INDEPENDENT CONTRACTORS
All parties, including Affiliate Ambassadors, are independent contractors and not partners or joint ventures. As such, each Affiliate Ambassador is individually responsible for their business practices, including your adherence to the Federal Trade Commission’s regulations related to advertising. The parties agree that this is an independent contractor relationship. Any income derived as part of this independent contractor relationship will be paid by 1099 compensation.
It is the intent of the Company to treat customers fairly and to comply fully with all Federal Trade Commission’s regulations related to advertising. As such, we require that our Ambassadors comply with these regulations, including, but is not limited to, Federal Trade Commission 16 CFR Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising (“FTC Endorsement Guides”), which require, among other criteria, that material connections between advertisers and endorsers be disclosed. This means that directories, review/rating sites, blogs and other websites, email or collateral that purport to provide an endorsement or assessment of an advertiser must prominently disclose the fact financial or in- kind compensation is provided from the advertiser.
In order to participate as an Independent Contractor for the Company, you hereby agree that (i) you will at all times adhere to FTC Endorsement Guides; (ii) Your participating website(s) and communications in connection therewith will reflect your honest views, opinions and experiences; and (iii) You will disclose your affiliate relationship with the applicable Advertiser when discussing such Advertiser or its products (collectively, “Products”), directly or indirectly.
You further agree that all such disclosures will comply with the following four (4) Standards:
Disclosures must be included in every post that has an image, review, recommendation, comment or article that appears to promote a product for which you receive any form of compensation.
The disclosure must make it clear right away to the reader that you are compensated for your review, in the form of hashtag “#Advertisement” at the beginning of any text comment or caption, or overlaid on an image. You may include other information in your disclosure, such as whether you personally tested the product or that your review is honest, but you must disclose compensation first (at the beginning) and clearly. It should not be hidden in legalese.
The disclosure must be conspicuous and easy to see on your post (in other words, it should stand out). It has to stand out from other text on the page so that it is immediately evident to all visitors. The disclosure text must be as large or larger than the main text. The disclosure text must be colored (not black or gray) and contrast with both with its background and the main text. It must not be lighter than its background or the main text. It must begin with the word “Disclosure:”
4) Requiring No Action
Your disclosure must be immediately visible to anyone who visits your reviews or endorsements. The visitor should not be required to take any action to view it. Such actions include: Scrolling (Your disclosure must appear “above the fold,” meaning the visitor does not have to scroll down to see it) or clicking (Visitors should not have to click a link to view your disclosure.
You are advised to seek and obtain your own legal advice on how these rules apply to your website or other promotional activities for which you receive compensation.
The Company reserves the right to withhold commission fees or may suspend or terminate your participation in any Affiliate Ambassador Program associated with the Company should we determine, at our discretion, that you are not in compliance with the previously mentioned guide or other FTC regulations/guides we deem relevant.
You agree that your use of this site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this site in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this site for such disclosure.
The Company has taken reasonable measures to ensure proper compliance to the rules and guidelines mentioned above. You should not alter approved text or image creatives found within the Network. If you add a comment which includes an endorsement it must (1) be true, (2) be clearly disclosed to the viewer that you are being compensated if they buy from an Advertiser using your link.