“MA”'s Obligations. MA will make no use of Confidential Information for any purpose except as expressly authorized by this Agreement. Except as expressly provided in this Agreement, MA will not disclose Confidential Information to any third party and will protect and treat all Confidential Information with the same degree of care as it uses to protect its own confidential information of like importance, but in no event with less than reasonable care. Except as expressly provided in this Agreement, MA will not use, make or have made any copies of Confidential Information, in whole or in part, without the prior written authorization of Company. In the event that MA is required to disclose Confidential Information pursuant to law, MA will notify Company of the required disclosure with sufficient time for Company to seek relief, will cooperate with Company in taking appropriate protective measures, and will make such disclosure in a fashion that maximizes protection of the Confidential Information from further disclosure.
You agree not to intentionally solicit for employment any of our employees or contractors during the term of this Agreement and for a period of twelve (12) months following the termination or expiration of this Agreement.  Both you and we acknowledge that (i) any newspaper or other public solicitation not directed specifically to such person shall not be deemed to be a solicitation for purposes of this provision, and (ii) this provision is not intended to limit the mobility of either our employees or contractors.
Relationship of the parties. Each party will process the copy of the Personal Data in its possession or control as an independent controller (not as a joint controller with the other party). For the avoidance of doubt and without prejudice to the foregoing, HubSpot shall be an independent controller of any Personal Data that it receives or shares with Affiliate in connection with the Marketing Affiliate Program.
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) your participation in the Affiliate Program, (b) our use of the prospect data you provided us, (c) your noncompliance with or breach of this Agreement, (d) your use of the Affiliate Tool, or (e) our use of the Affiliate Marks. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
In the case of cost per mille/click, the publisher is not concerned about whether a visitor is a member of the audience that the advertiser tries to attract and is able to convert, because at this point the publisher has already earned his commission. This leaves the greater, and, in case of cost per mille, the full risk and loss (if the visitor cannot be converted) to the advertiser.
We were able to help them track precisely which channels were delivering the most customers and in-app purchases as well as customers with a high lifetime value (LTV). They could easily track and monitor customers from first click to conversion, whether that was an initial app download or another in-app purchase. In addition, high-profile affiliate partners were more willing to promote Swap.com’s app because its precise tracking ensured fair attribution.
The affiliate market has been instrumental for selling of many kinds of products and services and in particular helped businesses to gain new leads, offer coupons, get more subscribers and more. With the advance of mobile, new types of offers have been introduced, the most common are mobile content, mobile subscription, mobile games and app installs. Let’s take a closer look at each of these:
Commission and Payment. Requirements for Payment; Forfeiture. In order to receive payment under this Agreement, you must have: (i) agreed to the terms of this Agreement (generally completed through the Affiliate Tool); (ii) completed all steps necessary to create your account in the Affiliate Tool in accordance with our directions, (iii) have a valid and up-to-date paypal account and updated the Affiliate Tool with such account (iv) completed any and all required tax documentation in order for HubSpot to process any payments that may be owed to you. 

Although it has a dynamic and well-designed website, PeerFly has a limited range of offers at any given time (around 8,000). On the upside, it does offer good commission/payout rates, lots of FAQs and educational information, and regular contests and reward programs that can substantially increase your bottom line. Based on online customer reviews, Peerfly enjoys a very high reputation amongst participating affiliates.
Affiliate marketing overlaps with other Internet marketing methods to some degree, because affiliates often use regular advertising methods. Those methods include organic search engine optimization (SEO), paid search engine marketing (PPC – Pay Per Click), e-mail marketing, content marketing, and (in some sense) display advertising. On the other hand, affiliates sometimes use less orthodox techniques, such as publishing reviews of products or services offered by a partner.[citation needed]

eBay Partner Network, which is eBay's in-house affiliate network, offers publishers and developers a way to earn commissions for driving buyers to make purchases on eBay. eBay Developers Program members, using eBay's APIs to power buying applications, can also join the eBay Partner Network for the potential to earn money for referring traffic to eBay. Some eBay APIs, such as the Finding API, support affiliate tracking, which is necessary to identify the traffic you drive to eBay. For example, when you submit a search request with the Finding API, using your affliate information, such as a tracking ID, the URLs for the eBay site in your response include tracking information. When buyers follow these URLs to eBay and make purchases, you earn commissions.


Company agrees to defend or, at its option, settle any claim or action against MA to the extent arising from a third party claim that a permitted use of the Technology by the end users infringes any U.S. patent or copyright, provided Company has control of such defense or settlement negotiations and MA gives Company prompt notice of any such claim and provides reasonable assistance in its defense. In the event of such a claim of infringement, Company, at its option, may provide MA with substitute Technology reasonably satisfactory to MA to replace those affected Technologies then in MA's inventory. Company will not be liable under this Section if the infringement arises out of MA's activities after Company has notified MA that Company believes in good faith that MA's activities will result in such infringement. The foregoing states the entire liability of Company with respect to infringement of intellectual property rights. 

It's arguable that APIs show their full GET potential in the affiliate marketing space as they provide a real-time, easy to use channel for merchants to supply data to publishers. In some cases, APIs also flex their POST muscles and provide the ability for the publisher to create and load a shopping cart or even initiate  payment without ever redirecting the user to the merchant’s site.
We will provide all of the information necessary for you to make Links from your Affiliate Site to our site. FatCow will be solely responsible for order processing (including payment processing, cancellations, and refunds) for orders for FatCow Products and Services placed by a Referred Customer following a Link from your Affiliate Site, for tracking the volume and amount of Qualified Purchases generated by your Affiliate Site, and for providing information to Affiliates regarding Qualified Purchase statistics. FatCow will be solely responsible for all order processing, including but not limited to payment processing, cancellations, refunds and related FatCow service.
Upon the execution of this Agreement, MA shall pay to Company a quarterly service fee (the “Service Fee”) in the amount equal to US $15,000.00 on the first day of each quarter for the Term of this Agreement as set forth in Section 1 hereinabove, for each month that MA has no sales pursuant to this Schedule A, with the first payment due and payable on the date of execution of this Agreement.
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.
We were able to help them track precisely which channels were delivering the most customers and in-app purchases as well as customers with a high lifetime value (LTV). They could easily track and monitor customers from first click to conversion, whether that was an initial app download or another in-app purchase. In addition, high-profile affiliate partners were more willing to promote Swap.com’s app because its precise tracking ensured fair attribution.

Because of its efficiency, it is used during all stages of the customer journey – from the phase of rising brand awareness to the retention phase. Of course, if the promoted product or service is satisfying, customers will naturally spread the word about it. This means affiliate marketing ultimately helps with generating word of mouth and every good marketer knows nothing can beat the power of recommendation.  

11.1. No Agency. Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect, and nothing in this Agreement (including any Offer) shall create any partnership, joint ventures, agency, franchise, sales representative or employment relationship between the parties. Neither party shall make any statement, whether on their sites or otherwise, that reasonably would contradict anything in the paragraph.
Consumers also face malware risks, i.e. malvertising, when interacting with online advertising. Cisco's 2013 Annual Security Report revealed that clicking on ads was 182 times more likely to install a virus on a user's computer than surfing the Internet for porn.[105][106] For example, in August 2014 Yahoo's advertising network reportedly saw cases of infection of a variant of Cryptolocker ransomware.[107]
You further represent and warrant that: (i) you will ensure that you are compliant with any trade or regulatory requirements that may apply to your participation in the Affiliate Program (for example, by clearly stating you are a HubSpot Affiliate on any website(s) you own where you make an Affiliate Link available); (ii) you will accurately provide in the Affiliate Tool all websites and domains you own where you intend to use Affiliate Links to generate Affiliate Leads; (iii) you will not purchase ads that direct to your site(s) or through an Affiliate Link that could be considered as competing with HubSpot’s own advertising, including, but not limited to, our branded keywords; (iv) you will not participate in cookie stuffing or pop-ups, false or misleading links are strictly prohibited; (v) you will not attempt to mask the referring URL information; (vi) you will not use your own Affiliate Link to purchase HubSpot products for yourself.
In 2006, the most active sectors for affiliate marketing were the adult gambling, retail industries and file-sharing services.[17]:149–150 The three sectors expected to experience the greatest growth are the mobile phone, finance, and travel sectors.[17] Soon after these sectors came the entertainment (particularly gaming) and Internet-related services (particularly broadband) sectors. Also several of the affiliate solution providers expect to see increased interest from business-to-business marketers and advertisers in using affiliate marketing as part of their mix.[17]:149–150
The ad exchange puts the offer out for bid to demand-side platforms. Demand side platforms act on behalf of ad agencies, who sell ads which advertise brands. Demand side platforms thus have ads ready to display, and are searching for users to view them. Bidders get the information about the user ready to view the ad, and decide, based on that information, how much to offer to buy the ad space. According to the Internet Advertising Bureau, a demand side platform has 10 milliseconds to respond to an offer. The ad exchange picks the winning bid and informs both parties.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. 
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