13.1. You hereby agree to indemnify and hold harmless AWeber and their 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 you infringed 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.
Merchants should consider crafting their affiliate channel strategy with the help of an in-country affiliate marketing agency that has boots on the ground, staffs local experts, and develops relationships with domestic affiliates and networks. A smart affiliate marketing agency will have knowledge of various cultural intricacies and unique market challenges and can tailor channel offers in a way that produces better yields and higher sales. Such an agency can help global merchants understand the unique ecosystem and players to involve for building an affiliate marketing channel that resonates with a regionally-specific customer base and delivers ROI. A strong agency with a local presence also provides an unbiased, 50,000 foot view of the affiliate channel and can recommend what’s most effective for a specific merchant in that market without platform favoritism or exclusivity, which network managed services cannot provide.  

Affiliate marketing, a form of performance-based marketing in which a company rewards an affiliate for driving customers to purchase their products or services, is a burgeoning business strategy in the e-commerce era. While affiliate marketing offers a number of benefits for merchants and affiliates, there are a number of potential pitfalls with the arrangements of which parties and their counsel must be aware.


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Leadbolt is a high performance mobile advertising platform for user acquisition and in-app monetization. Powered by direct relationships and dynamic ad-serving technologies, Leadbolt allows mobile advertisers to reach and acquire quality users at scale. Leadbolt’s analytics-based algorithms assist advertisers with advanced targeting that captivates best-fit audiences to achieve deeper user engagement with maximum ROI.
Some commentators originally suggested that affiliate links work best in the context of the information contained within the website itself. For instance, if a website contains information pertaining to publishing a website, an affiliate link leading to a merchant's internet service provider (ISP) within that website's content would be appropriate. If a website contains information pertaining to sports, an affiliate link leading to a sporting goods website may work well within the context of the articles and information about sports. The goal, in this case, is to publish quality information on the website and provide context-oriented links to related merchant's websites.
If we reject your application, for any reason, you may not re-apply to the Affiliate Program utilizing the same domain name/URL or reapply using a different domain/URL name and then add the previously rejected domain name/URL to your affiliate account. FatCow, in its sole discretion, reserves the right to notify or to not notify any prospective affiliate of their rejection or removal from the Affiliate Program at any time.
As used herein, “Confidential Information” means all confidential information disclosed by a party ("Disclosing Party") to the other party (“Receiving Party”), (i) whether orally or in writing, that is designated as confidential, and (ii) HubSpot customer and prospect information, whether or not otherwise designated as confidential. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party or (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party.  The Receiving Party shall: (i) protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care that it uses with its own confidential information, but in no event less than reasonable care, (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information of the Disclosing Party to any third party, and (iv) limit access to Confidential Information of the Disclosing Party to its employees, contractors and agents. The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process.
Bodybuilding gives affiliates a great set of XML feeds that you can use to stream some of their best products – top 50, top 100, best sellers, etc. It has all the data for each product and automatically tags the hyperlink with your affiliate code. The only issue was that it wasn’t necessarily formatted the way I wanted it to be for the app, so I downloaded the XML, re-formatted it, and uploaded it to my own server which is where my app pulled from. This gave me full control.

Notwithstanding the foregoing or anything to the contrary in this Agreement, if any of the requirements set forth in section 5(a)(i-iv) remain outstanding for six (6) months immediately following the close of a Customer Transaction, then your right to receive Commission arising from any and all Customer Transactions with the associated Customer will be forever forfeited (each, a “Forfeited Transaction”). We will have no obligation to pay you Commission associated with a Forfeited Transaction. Once you comply with all of the requirements in section 5(a)(i-iv), then you will be eligible to receive Commission on Customer Transactions, as long as these Customer Transactions do not involve the same Customer associated with a Forfeited Transaction.

You hereby agree to indemnify and hold harmless FatCow 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 Affiliate Site, including, without limitation, its development, operation, maintenance and content therein not attributable to us.

1.4. Marketer shall post in a conspicuous manner on its website a privacy policy that clearly and adequately describes how consumer information is collected and used. Said privacy policy must fully an accurately disclose your use of third-party technology, use of cookies and options for discontinuing use of such cookies. Failure to have and maintain a privacy policy may result in termination of this Agreement.

A purchase by a Referred Customer engaging in "Domain Speculation," which is determined by the identification of two (2) web hosting accounts with the same Referred Customer's name, email address, or other identifying characteristic as determined by FatCow and/or the identification of two (2) or more web hosting accounts that have no content on their websites or have similar content, templates or formatting, as determined by FatCow, in our sole discretion.
Matomy Media Group is the leading digital performance-based advertising company. Its advertising platform combines all digital media channels than span across mobile, web and social platforms. Matomy Media Group provides media partners with the set of full- and self-service monetization options to monetize their inventory with high fill rate and eCPM. Matomy Media Group Ltd.’s securities are listed both on the High Growth Segment of the London Stock Exchange’s Main Market (LSE:MTMY) and on the Tel Aviv Stock Exchange.
SkimLinks is primarily for established content producers (bloggers) who want to monetize their content. With a powerful WordPress plugin and scripts for just about any website type, setting up SkimLinks is very easy. And because you have access to all offers on their platform after you’re approved, SkimLinks is very well designed for affiliates who don’t want to spend a lot of time fiddling around with settings and other fine-tuning.
FatCow will process orders placed by Referred Customers who follow the Links from an Affiliate Site to FatCow. We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfillment, including FatCow’s services, cancellation, processing, refunds and payment processing will be our responsibility. We will track the Qualified Purchases generated by your Affiliate Site and will make this information available to you through our website. To permit accurate tracking, reporting, and commission accrual, you must ensure that the Links between your website and our website are properly formatted.
Affiliate programs incentivize publishers to promote your products or services. These publishers can range from niche bloggers to huge coupon sites. When they sign up to your program, they’ll receive unique affiliate links to your website. These links include trackable code so it’s easy to identify where a sale came from and allocate commission appropriately.

Within an affiliate agreement, the affiliate acts as an independent contractor without a joint venture or other legal entity. By signing the affiliate agreement, the affiliate acknowledges understanding of company policies indicated in the website and agrees to the outlined terms. The affiliate agreement may also require that the affiliate agree not to include any spam on the website and generally comply with federal and state anti-spam laws.
Notwithstanding the foregoing or anything to the contrary in this Agreement, if any of the requirements set forth in section 5(a)(i-iv) remain outstanding for six (6) months immediately following the close of a Customer Transaction, then your right to receive Commission arising from any and all Customer Transactions with the associated Customer will be forever forfeited (each, a “Forfeited Transaction”). We will have no obligation to pay you Commission associated with a Forfeited Transaction. Once you comply with all of the requirements in section 5(a)(i-iv), then you will be eligible to receive Commission on Customer Transactions, as long as these Customer Transactions do not involve the same Customer associated with a Forfeited Transaction.
If we reject your application, for any reason, you may not re-apply to the Affiliate Program utilizing the same domain name/URL or reapply using a different domain/URL name and then add the previously rejected domain name/URL to your affiliate account. FatCow, in its sole discretion, reserves the right to notify or to not notify any prospective affiliate of their rejection or removal from the Affiliate Program at any time.

One big difference between SkimLinks and VigLinks, however, is that once you’re approved by the company, you can choose to work with any merchant or program on its platform. SkimLinks has also published a white paper discussing its partnership with Buzzfeed, giving SkimLinks a lot of credibility. SkimLinks also has a higher tier of vetted merchants called “Preferred Partner” and “VIP” that both pay higher commissions than standard merchants.
This the just normal economics of internet marketing coming into play. Affiliates are not really used to “normal” profit margins in a traditional business sense. We talk about 200-300% ROI per day like it’s normal. When you’re on native advertising for affiliate marketing campaigns, you’ll find that the more you scale, the more your ROI goes down (but your overall profit goes up).
Google must certainly be planning to swallow up the entire travel industry, and Google Trips seems to be the sneaky first step to consolidating everything you need in one (ad-serving) place. Right now it’s mostly based on submitted content and consolidation of travel tips/guides/maps, but expect the features to get more comprehensive as Google continues to find ways to take our money.
You may not make any claims, warranties, promises or other representations about the services we provide (Affiliate Warranty). Should your customer make a claim against us based on an Affiliate Warranty, you agree to indemnify us pursuant to the indemnification provisions of the Managed Services Agreement. You may not sign up “sub-affiliates” or use any other entities to market our services on your behalf. You will not be compensated for their efforts.
Brand and trademark bidding in any form is not allowed in the Best Buy affiliate program. We highly recommend that publishers make the Best Buy brand (as well as any misspellings) a negative match in search campaigns. When you accept the program term in LinkShare, you are also agreeing to our search policy. Please review it carefully prior to accepting the program terms to ensure that you will be able to abide by them.
Four months later, Laurence Canter and Martha Siegel, partners in a law firm, broadly promoted their legal services in a USENET posting titled "Green Card Lottery – Final One?"[15] Canter and Siegel's Green Card USENET spam raised the profile of online advertising, stimulating widespread interest in advertising via both Usenet and traditional email.[12] More recently, spam has evolved into a more industrial operation, where spammers use armies of virus-infected computers (botnets) to send spam remotely.[10]

1.4. Marketer shall post in a conspicuous manner on its website a privacy policy that clearly and adequately describes how consumer information is collected and used. Said privacy policy must fully an accurately disclose your use of third-party technology, use of cookies and options for discontinuing use of such cookies. Failure to have and maintain a privacy policy may result in termination of this Agreement.

8.6. AWeber Affiliates are rewarded for networking and bringing in new customers through their own marketing efforts. AWeber prohibits Affiliates from utilizing their Affiliate link to refer their own customer account(s) to receive commission (“self referrals”). This also includes accounts that are not under their name but are paid for using a payment medium that they own. This includes forms of online payment (Credit/Debit cards) but also checks and money orders. Also prohibited are referrals for individuals of the Affiliate’s immediate family or household, or any other such relationship deemed problematic by the Company.
Shopify is a very popular site building platform for people interested in building eCommerce stores. It has been around for the past few years and seen significant growth in its user base over this time. You can earn a staggering 200% per sale for every new customer you refer to them, which means that there is up to $2400 per new customer on offer.
Many consumers have reservations about online behavioral targeting. By tracking users' online activities, advertisers are able to understand consumers quite well. Advertisers often use technology, such as web bugs and respawning cookies, to maximizing their abilities to track consumers.[60]:60[95] According to a 2011 survey conducted by Harris Interactive, over half of Internet users had a negative impression of online behavioral advertising, and forty percent feared that their personally-identifiable information had been shared with advertisers without their consent.[96][97] Consumers can be especially troubled by advertisers targeting them based on sensitive information, such as financial or health status.[95] Furthermore, some advertisers attach the MAC address of users' devices to their 'demographic profiles' so they can be retargeted (regardless of the accuracy of the profile) even if the user clears their cookies and browsing history.[citation needed]

Leadbolt is a high performance mobile advertising platform for user acquisition and in-app monetization. Powered by direct relationships and dynamic ad-serving technologies, Leadbolt allows mobile advertisers to reach and acquire quality users at scale. Leadbolt’s analytics-based algorithms assist advertisers with advanced targeting that captivates best-fit audiences to achieve deeper user engagement with maximum ROI.
8.5. We strongly advise Affiliates to stay compliant with the Federal Trade Commission (FTC) guidelines on testimonials and endorsements. For example, all endorsements, reviews, testimonials on AWeber's products and services, as well as relationships between other types of content websites (forums, blogs, microblogs and other Social Media channels) and AWeber must be clearly disclosed in a separate policy on the Affiliate site(s). The FTC has noted that "when there exists a connection between the endorser and the seller of the advertised product", it is imperative that such connection is "fully disclosed". FTC also scrutinizes that relationship as an endorser-sponsor arrangement, and believes that the end user has the right to understand that an endorser-sponsor relationship exists (click here for more detail). We share the concept and concern of the FTC's approach and will not tolerate any Affiliates that fail to adhere to the FTC's guidance. We reserve the right to terminate our relationship with any non-compliant Affiliates.
There are several ways to search for offers, and mobile offers in particular. The first one is obvious – sign up for multiple affiliate networks and see what offers they have. Next up is searching on Twitter for top offers, top mobile offers to spot offers that affiliate networks may push on a specific day or week, LinkedIn Groups is another place for conducting a similar research.
The implementation of affiliate marketing on the internet relies heavily on various techniques built into the design of many web-pages and websites, and the use of calls to external domains to track user actions (click tracking, Ad Sense) and to serve up content (advertising) to the user. Most of this activity adds time[citation needed] and is generally a nuisance to the casual web-surfer and is seen as visual clutter.[citation needed] Various countermeasures have evolved over time to prevent or eliminate the appearance of advertising when a web-page is rendered. Third party programs (Ad-Aware, Adblock Plus, Spybot, pop-up blockers, etc.) and particularly, the use of a comprehensive HOSTS file can effectively eliminate the visual clutter and the extra time and bandwidth needed to render many web pages. The use of specific entries in the HOSTS file to block these well-known and persistent marketing and click-tracking domains can also aid in reducing a system's exposure to malware by preventing the content of infected advertising or tracking servers to reach a user's web-browser.[citation needed]
When promoting your affiliate program, make sure you’re including information that potential promoters want to know. Generally, the most influential parts of your program are the product/service relevancy, affiliate program reputation , and affiliate network or tracking platform. Make sure you include that information when you promote your program.
Affiliate shall indemnify and hold harmless OptinMonster and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by OptinMonster 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.
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