Affiliate Terms & Conditions
The terms contained herein apply to your participation as an Affiliate with thecouponmaster.com (“TCM”) Affiliate Program and to the establishment of links from your affiliate web site to our Web Site, “thecouponmaster.com”. The TCM affiliate program is administered through The Coupon Master.
THIS IS A LEGALLY BINDING AGREEMENT. BY APPLYING FOR AFFILIATE STATUS YOU ARE CONFIRMING YOU ACCEPT THESE TERMS & CONDITIONS
The parties agree as follows:
(1) The Affiliate has carefully read the terms and provisions to this Agreement, and understood it all.
To begin the enrollment process, you must submit a complete TCM Affiliate Program application via our site. TCM reserves the right not to accept an applicant into the Affiliate Program based on site content. Sites that do not qualify for TCM Affiliate Program include site which
- promote sexually explicit materials
- promote violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- promotes illegal activities
- violate intellectual property rights
- promotes the use of bulk e-mail or “Spam”
- promotes the use of multi-level marketing (MLM)
Employees of The Coupon Master, their subsidiaries and affiliates and the immediate family members of such employees are not eligible to participate in the Affiliate Program.
If TCM rejects Affiliate application, Affiliate is welcome to reapply to the Affiliate Program after said Affiliate has updated the Affiliate Site to remove content that has been determined to be unsuitable for TCM
(3) Affiliate Identification
All Affiliates will be required to display a graphic, provided by TCM, indicating their affiliate relationship to The Coupon Master.
We will make available to you a variety of graphic and textual links (“Links or “Link”), which, subject to the terms and conditions of this agreement, you may display as often and in as many areas on your site as you desire.
Links may not placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms or guest books. Any Link placed must be done in such a way as it is not misleading to any Visitor and done with the intention of delivering valid sales.
(4) Order Processing
TCM will be responsible for processing every order placed by a customer who follows a special Link from your site. This includes order entry, payment processing, shipping, cancellations, returns and related customer service
(5) Tracking of Sales
TCM will track the volume of sales generated by your site. TCM will provide information to Affiliate Program members regarding sales statistics. Data will be available thru your Affiliate Account with TCM and will include Impressions, Transactions, Sales Amount, Click Through Rate, Commission Rate, Visits, Conversion, Sales Average, and Commission. You will also have the ability to view Sales Reports, Payment Reports and Click Through Reports
(6) Commission Determination
Only the TCM services that are: (I) sold by TCM; (ii) purchased by users linking to TCM from your site pursuant to the link; (iii) shipped by TCM to a U.S. shipping address and billed to a U.S. address; and (iv) for which TMC has received full payment will qualify for a commission. No commissions will be paid for services that are refunded, canceled or returned
(7) Commission Payments
Payments will be made to Affiliate approximately ten (10) days after the end of each calendar month in which accumulated earned commissions equal fifteen dollars ($15.00) or more. Amounts less than fifteen dollars ($15.00) will be held until the end of the calendar month in which the fee due exceeds fifteen dollars ($15.00) Money credited to your Account does not accrue interest.
(8) Limited License
You, the Affiliate, are granted a non-exclusive, limited, revocable right to TCM provided banners and text links. All images, technology and content provided for your use is and shall remain the sole property of TCM, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications and trade names related to the foregoing shall remain the TCM’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, text links, the content or any of the images provided to You in any way. You agree not to use the Licensed Materials in any manner that is disparaging to TCM. You are only entitled to use the Licensed Material to the extent that you are an Affiliate in good standing. We may revoke your license at any time, at our sole discretion, by giving you written notice.
You will make no public announcement or press release regarding the relationship entered hereunder without the prior written approval of TCM
(10) Policies and Pricing
Customers who use TCM through the this Program will be customer of TCM.. Accordingly, all of TCM’s rules, policies and operating procedures concerning customer orders, customer service, privacy and TCM sales will apply to these customers. Such policies and operating procedures may be changed at any time
(11) Responsibility for Your Site
You will be solely responsible for the development, operation, contents, and maintenance of your site. We take no responsibility for the content or functionality of your site
(12) Relationship of Parties
Nothing in this Agreement creates a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties
(13) Terms & Conditions
The term of this Agreement will take effect upon our acceptance of your Affiliate application and will end when terminated by either party. Either party may terminate this Agreement at any time, for any reason. We may choose to terminate this Agreement if we determine that your site content is inappropriate, you have breached any conditions of this Agreement, or if you are sending “spam” (mass, unsolicited e-mail messages) to customers.
You are only eligible to earn commissions on sales occurring during the term of the Agreement. Payments earned through the date of termination will remain payable only if the related purchases are not cancelled, refunded or returned. We may withhold your final payment a reasonable amount of time to ensure that the correct amount is paid
TCM reserves the right to change, modify, add or remove portions of this Agreement at any time. Modification may include, but are not limited to, changes in commission, commission payment schedules, payment procedures and Affiliate rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. An Affiliate’s continued participation in the Affiliate Program following notification of a change or new agreement constitutes a binding acceptance by the Affiliate
TCM, ITS OPERATION, ITS USE AND RESULT OF SUCH USE SHALL BE PERFORMED IN A WORKMANLIKE MANNER. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TCM DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR TRADE USAGE. IN ADDITION, TCM CANNOT GUARANTEE THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY CONSEQUENCES ARISING FROM INTERRUPTIONS OR ERRORS.
You agree that all customer information related to the TCM Affiliate Program belong to us. You agree to use your reasonable efforts to keep confidential the terms and conditions of the Agreement, the business and sales information and not to disclose to any third parties, except to the extent required by law or legal process and except to its parent, accountants, attorneys and other advisors or representatives. Except with the consent of the other party, each party agrees that all information concerning the other party will remain confidential and will not be utilized, directly or indirectly, by such party for any purpose except to the extent (a) necessary to complete obligations under this Agreement or (b) that any such information is known or available to the public through a source or sources other than such party or any affiliate of such party.
(17) Limited Liability
NEITHER TCM NOT ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE PROGRAM. EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, YOU WILL WAIVE ALL RIGHTS TO ANY CLAIMS FOR ANY SUCH DAMAGES. FURTHER, THE AGGREGATE LIABILITY OF TCM AND ITS SUPPLIERS WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSION PAID OR PAYABLE BY US TO AFFILIATE UNDER THIS AGREEMENT.
You, at your own cost and expense, will indemnify, defend and hold harmless, us, TCM, our respective parents, subsidiaries and affiliates, and each of their respective directors, officers, employees, agents, affiliates, successors and assigns against any claim, suit, action, judgement, liability, loss, cost, expenses and other damages, including reasonable attorney’s fees, based upon or in connection with (I) any breach or alleged breach of your representations, warranties, covenants, agreements or obligations hereunder, (ii) your Web site(s) and/or any content, technology or other materials displayed or contained thereon, including but not limited to with respect to claims of misappropriation or infringement, (iii) your failure or alleged failure to comply with any applicable law, rule or regulation, and/or (iv) any actual or alleged wrongful or negligent act or omission of Affiliate.
(19) Governing Law
This Agreement shall be governed by the laws of the United States and the State of Rhode Island, without reference to rules governing choice of laws. You irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement by operation or law or otherwise, without our prior consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.