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.
Luckily Button is the world’s first mobile partnership platform that fixes all of the breakdowns in mobile facing the affiliate industry, built for the app economy, and used by 9 out of the 10 biggest ecommerce retailers along with the largest publishers. Button offers a variety of solutions for publishers and merchant’s mobile partnerships, most recently introducing Purchase Path, a scaleable solution to turn regular affiliate links into links that are optimized for mobile tracking!
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.
Search engine marketing, or SEM, is designed to increase a website's visibility in search engine results pages (SERPs). Search engines provide sponsored results and organic (non-sponsored) results based on a web searcher's query.:117 Search engines often employ visual cues to differentiate sponsored results from organic results. Search engine marketing includes all of an advertiser's actions to make a website's listing more prominent for topical keywords.
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.
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As of today, merchants can either act as if they will be held liable for their affiliate’s actions, or be prepared for FTC litigation if an affiliate does something illegal. In order to prevent unneeded litigation, your affiliate marketing agreement should explicitly and clearly state terms about how the affiliate may and may not advertise. The agreement should also include a proper termination clause in the event a violation does occur.