Privacy/Data Collection. MA will at all times during the term of this Agreement maintain appropriate technical and organizational measures to protect any end-user data that it collects, accesses or processes in connection with this Agreement against unauthorized or unlawful use, disclosure, processing or alteration. MA will act only on Company's instructions in relation to the collection, use, disclosure and processing of any such end-user data, but in all instances in accordance with all applicable laws, rules and regulations.
Affiliate shall not use, procure, bid on, or otherwise arrange for a Sponsored Link (defined below) on any Internet search engine, portal, sponsored advertising service or other search or referral service (a “Service”) which Sponsored Link uses or includes the terms “Ticketfly,” “Ticketfly.com,” or any other trademarks, trade names, service marks, corporate names, or other similar general intellectual property right owned or licensed by Ticketfly or any parent, subsidiary, or other affiliate of Ticketfly.
Considering that most marketing involves some form of published media, it is almost (though not entirely) redundant to call 'content marketing' anything other than simply 'marketing'. There are, of course, other forms of marketing (in-person marketing, telephone-based marketing, word of mouth marketing, etc.) where the label is more useful for identifying the type of marketing. However, even these are usually merely presenting content that they are marketing as information in a way that is different from traditional print, radio, TV, film, email, or web media.
3.2. Merchant.com reserves the right to terminate this Agreement and your participation in the Merchant.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the Merchant.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Merchant.com shall not be liable to you for any commissions for such fraudulent sales.
SkimLinks works very similarly to VigLinks in that it is designed for bloggers who don’t want to do a lot of hands-on work to participate in an affiliate program. SkimLinks also works much like VigLinks in that it uses a plugin or script to create dynamic links in your content to send visitors to higher paying offers from merchants. SkimLinks claims to work with over 24,000 merchants/advertisers.

Eligibility. To be eligible for Commission (i) an Affiliate Lead must be accepted and valid in accordance with the ‘Acceptance and Validity’ section, (ii) a Customer Transaction must have occurred (iii)  a Customer must remain a customer sixty (60) days plus the number of days until the end of that calendar month in order to be eligible for a Commission. For example a Customer who makes a purchase on the 15th of March must remain a customer until the 31st of May in order to be eligible for a Commission. All transactions must occur on a HubSpot.com domain. Any transactions occurring on international domains (.fr, .jp, .de, etc.) will not be eligible for Commission. You are not eligible to receive Commission or any other compensation from us based on transactions for Other Products or if: (i) such compensation is disallowed or limited by federal, state or local law or regulation in the United States or the laws or regulations of your jurisdiction; (ii) the applicable Customer objects to or prohibits such compensation or excludes such compensation from its payments to us or HubSpot Affiliates; (iii) the Customer has paid or will pay such commissions, referral fees, or other compensation directly to you, (iv) the Commission payment has been obtained by fraudulent means, misuse of the Affiliate Link, in violation of any Affiliate Program Policies that we make available to you, misuse of the Affiliate Tool or by any other means that we deem to breach the spirit of the Marketing Affiliate Program, or (v) the Customer participates in any of our partner programs, including our Agency Partner Program, Sales Referral Partner Program or Sales Solutions Partner Program and is eligible to receive commission in relation to the Customer Transaction under any of these programs. If at any point you are eligible to receive a revenue share payment under the Sales Solutions Partner Program Agreement, Sales Referral Program Agreement or Agency Partner Program Agreement that payment amount will not change based on your participation in the Affiliate Program. For example, you will not be able to receive the Commission set out in this Agreement on any Partner Transaction that was completed whilst participating as a partner in the Sales Referral Partner Program (as defined in the Sales Referral Partner Program Agreement). In competitive situations with other affiliates, we may elect to provide the Commission to the affiliate that we deem to be the most eligible for Commission, at our discretion. We may discontinue Commission payments should any of the eligibility criteria set forth in this subsection fail to be met at any time. Purchases via HubSpot for Startups  or HubSpot for Entrepreneurs are not eligible for Commission payments. 

Payoneer is the payment system that usually comes next popularity and adoption wise. Just as PayPal it’s an e-wallet platform. To its advantage, compared with PayPal, it wins on the number of countries and currencies it supports, 210+ and 150 respectively against 200 and 25. With $29.95 annual fee affiliates can get a physical Payoneer Master Debit Card to process transactions for any country where MasterCard is supported, which is virtually globally.
7.1. Marketer hereby agrees to indemnify and hold harmless Fundraising Coach and their directors, officers, employees, agents, and designees, against any and all claims, actions, demands, liability, losses, damages, judgments, settlements, costs and expenses (collectively “Losses”) insofar as such Losses arise out of or are based on any claim that Marketer infringed on the intellectual property or other proprietary rights of any third party, any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or any claim related to your site.
As Target is the second-largest general retailer in the United States, their affiliate program is primarily for American bloggers or publishers who can route visitors to relevant products. Overall, the program works much like Amazon’s does in that publishers (bloggers) get a small commission on sales, but Target’s gigantic product base (over one million items) and high brand recognition make their affiliate program a great option for influencers.
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.  
Filtering through offers is simple thanks to the intuitive interface and you’ll be able to filter them by categories and sale prices. One nice feature that ClickBank offers is the ability to view rebill totals, so you can avoid products that are continually returned by buyers. This is a priceless feature that allows for the maximization of revenue.
Affiliate marketing is commonly confused with referral marketing, as both forms of marketing use third parties to drive sales to the retailer. The two forms of marketing are differentiated, however, in how they drive sales, where affiliate marketing relies purely on financial motivations, while referral marketing relies more on trust and personal relationships.[citation needed]
You are the sole and exclusive owner of the Affiliate Trademarks and have the power to grant to FatCow the license to use such marks in the manner contemplated herein, and such grant will not (i) breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any third person or entity.
And, don't be surprised if you occasionally hear directly from one of our team members at Best Buy or LinkShare! In an effort to ensure that the program grows and our publishers are successful, we may contact you to build the relationship, optimize our placements, or participate in a survey or sales contest. We value our publishers and want this to be a successful partnership.
Since the late 90s digital affiliate marketing has grown to a big industry, in 2016 US-based retailers have spent $4.7 billion on affiliate marketing. According to estimates by 2021 the affiliate marketing industry will grow to $6.8 billion. Not surprisingly, given the size of the sector, there are a lot of different affiliate marketing companies operating in various market segments.
Disclaimer of Warranties. WE AND OUR AFFILIATED COMPANIES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE HUBSPOT PRODUCTS, HUBSPOT CONTENT, THE AFFILIATE PROGRAM OR THE AFFILIATE TOOL FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) AND THE AFFILIATE TOOL MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE HUBSPOT PRODUCTS AND AFFILIATE TOOL ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE HUBSPOT PRODUCTS AND THE AFFILIATE TOOL INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
JEBCommerce has the privilege of helping some of the world’s best brands drive incremental sales online. We do this by obsessing over every detail to ensure our efforts together convert. Think of us as a seasoned digital marketing agency with an award-winning affiliate team, unparalleled ad and PPC specialists, a passion for exceptional customer service and a keen eye for analytics. The only thing that’s missing from this dream team? You.
This one’s been picking up a lot of steam lately, and for good reason. We all spend too much time on email – the average US worker spends 6.3 hours a day. Drag not only helps you cut down on that wasted time, it also makes the time you do spend more valuable. The simple (but powerful) interface allows you to easily organize your inbox and prioritize tasks, along with customization features that make it a game-changer for anyone who uses email on the regular.
An affiliate marketing program is a lot of work, and in most situations there's a lot of competition so you're not going to be bringing in money immediately. Business owners and entrepreneurs suppose that all you need do is setup a site and choose an affiliate to associate with and then just let it run its course. But according to Three Ladders Marketing, only 0.6% of affiliate marketers surveyed have been in the game since 2013. That means that affiliate marketing takes time and effort to build and make money.
Disclosure of Material Connection: Some of the links on this page above are “affiliate links.” This means if you click on the link and purchase the item, I will receive an affiliate commission. Regardless, I only recommend products or services I use personally and believe will add value to my readers. I am disclosing this in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”

For the advertiser, we understand the concept of monitoring the status of a campaign is vitally important to ensure the campaign is achieving the best results possible. We analyze how well an affiliate marketing company monitors campaigns to ensure the best practices and guidelines are being followed by publishers in order to ensure that visitors to a publisher’s page have the right idea about the products and/or services being offered.
Disputes: Affiliate has access to FatCow's real-time Affiliate Program statistics and agrees to file any disputes within forty-five (45) days after the end of the month in which the sale or event that is disputed occurred. Disputes filed after forty-five (45) days of the date on which the disputed sale or event occurred will not be accepted by FatCow and Affiliate forfeits forever any rights to a potential claim.

You can make really good commissions from the eBay partner but it depends on the products which you decide to promote. Interestingly the commission levels vary according to where you are in the world not just on the products you decide to promote. One of the great reasons to sign up is that you can earn DOUBLE commissions in your first three months. They offer free to use link generators, ad creatives and widgets for you to promote different eBay items. eBay has over 162 Million active buyers which means there is a great potential to convert your traffic.
Ticketfly will process transactions placed by customers who follow Links from Affiliate’s Site to the Ticketfly Site. Ticketfly reserves the right to reject transactions that do not comply with any reasonable requirements that Ticketfly may periodically establish. Ticketfly will be responsible for all aspects of transactions processing and fulfillment. Among other things, Ticketfly will prepare order forms; process payments, cancellations, and handle customer service. Ticketfly will track transactions made with customers who purchase products using Links and generate reports summarizing this sales activity which will be available to Affiliate through the Shareasale Network. The form, content, and frequency of the reports are limited to those reports and capabilities available through the Shareasale system. Ticketfly is not responsible for any changes that Shareasale may make in their reporting format, timing, or types of reports available to members of Shareasale and the Program. To permit accurate tracking, reporting, and fee accrual, Affiliate shall ensure that Links are properly formatted. Ticketfly will not be responsible for improperly formatted Links.
5.1. We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email, (sent to the email address provided in the course of your registration with the Company). Modifications may include, but are not limited to, changes in the payment procedures and the AWeber Affiliate Program rules. If any modification is unacceptable to you, you may terminate this Agreement. Your continued participation in the Program following the email of the change notice and the new Agreement on our site will indicate your agreement to the changes. 

Chitika offers one-of-a-kind ad products that provide powerful and integrated promotions. They are all CPA ads for products, so is a good network to use if your site is related to shopping or has a good tie in with products. Chitika offers a wide variety of categories and ad units to choose from, so you have more control over the type of products to feature instead of depending on keywords to be picked up by their ad server.
With possibly the most transparent affiliate network online, we give affiliates access to stats no other program dare, including earning data, conversion stats, demographic information and seasonality trends. With ethics and consumer protection being high on the agenda, you can rest assured when working with MoreNiche you are working with an honest, trustworthy and transparent company.
We will evaluate your application in good faith and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine (in our sole discretion) that your website is not suitable for the Affiliate Program for any reason, including, but not limited to, its inclusion of content that is, in our opinion, unlawful or otherwise violates our Acceptable Use Policy.

For more information and suggestions about how to comply with these guidelines, please visit our page entitled "Affiliate Disclosure Requirements and Examples." Please note that this page is only intended to provide guidance. It does not purport to provide legal advice and it does not guarantee that you'll be in compliance with FTC regulations should you follow the suggestions presented. 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.
MA recognizes that the Technology in source form (code or listing) is the exclusive property of Company and/or its Affiliates and is proprietary to and the trade secret of Company and/or its Affiliates. MA agrees that it shall not, by itself or in association with any other party, reproduce, duplicate, copy, decompile, disassemble or reverse engineer the Technology in source form (code or listing) in any media.
Online marketing platform (OMP) is an integrated web-based platform that combines the benefits of a business directory, local search engine, search engine optimisation (SEO) tool, customer relationship management (CRM) package and content management system (CMS). Ebay and Amazon are used as online marketing and logistics management platforms. On Facebook, Twitter, YouTube, Pinterest, LinkedIn, and other Social Media, retail online marketing is also used. Online business marketing platforms such as Marketo, Aprimo, MarketBright and Pardot have been bought by major IT companies (Eloqua-Oracle, Neolane-Adobe and Unica-IBM).
ServInt’s PowerPartner™ Affiliate Marketing Program entitles you to earn cash, hosting credits and multiple server purchase discounts. It costs nothing to join, and you don’t even have to be a customer to receive cash payments for customers you refer. However, in order to receive cash payments or hosting credits, you must agree to the following PowerPartner™ Affiliate Marketing Agreement by clicking on I Agree. After that, you can start creating your links and managing your campaigns.
Cost per click was more common in the early days of affiliate marketing but has diminished in use over time due to click fraud issues very similar to the click fraud issues modern search engines are facing today. Contextual advertising programs are not considered in the statistic pertaining to the diminished use of cost per click, as it is uncertain if contextual advertising can be considered affiliate marketing.
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.
VigLink is an intermediary platform, so it can serve as a backdoor for affiliates who have previously been banned/suspended from working with other affiliate programs like Amazon. And while you can choose specific merchants or offers, VigLink can be set up to work automatically by scanning your published content and dynamically generating affiliate links, making it a great choice for established content producers who are looking for a simpler way to generate revenue via an affiliate program.
Wewe Media Network is a performance marketing network that operates on CPA monetization model. It was launched by the group of 3 affiliate veterans. The network features proprietary visitor profile-offer matching technology that is capable to bring high conversion rates and EPCs. Every affiliate manager at WeweMedia used to run 6-7 figure campaigns internally. This ensures Wewe Media Group can provide the required support and advice.

Of course, there can be downsides to working with affiliate marketing companies, just as there are if you work with an advertising firm or SEO agency. Partnering with a third party can be daunting at first as it may feel like you’re handing over control to someone else. There’s also the question of whether they’ll generate the results you’re looking for or fail to deliver. Likely there is an upfront investment to secure affiliate payouts (like an agency fee and your pay-out wallet in commission junction), but as we discussed above, it’s in their interest for your campaign to succeed.  Both teams have skin in the game which makes it highly unlikely that they’ll let you down especially if they have a track record of recruiting good affiliates.
For more information and suggestions about how to comply with these guidelines, please visit our page entitled "Affiliate Disclosure Requirements and Examples." Please note that this page is only intended to provide guidance. It does not purport to provide legal advice and it does not guarantee that you'll be in compliance with FTC regulations should you follow the suggestions presented. 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.
Avazu is a performance marketing-based mobile display division of Avazu Inc., it connects ad buyers with mobile publishers worldwide. With Avazu Mobile publishers can monetize their inventory via mobile app download, call, form fill or purchase conversions. Advertisers only pay when their conversion occurs. The company works with 100+ ad networks to provide a mediation service that can deliver additional fill-rate across a range of geographies.
As Target is the second-largest general retailer in the United States, their affiliate program is primarily for American bloggers or publishers who can route visitors to relevant products. Overall, the program works much like Amazon’s does in that publishers (bloggers) get a small commission on sales, but Target’s gigantic product base (over one million items) and high brand recognition make their affiliate program a great option for influencers.

It is important to note, however, that StudioPress is now a subsidiary of WPEngine which is the company that actually does the web hosting on which StudioPress’s Genesis framework runs. The affiliate program only works with choosing the StudioPress framework and themes, not the actual hosting on WPEngine. WPEngine has a separate affiliate program for its hosting services, which yes, is a bit confusing.


Except as set forth in Section 17, “Modifications,” this Agreement may be amended or supplemented only by a writing that is signed by duly authorized representatives of Ticketfly. No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether express or implied, will constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either party.
Commission Fees shall be paid based on the current information in your Affiliate profile. You are required to notify us promptly of any change in your address by updating your profile information in the Affiliate console. You are responsible for informing FatCow of your desired payment form/type. You can update or change your desired payment method at any time by updating your affiliate profile located in the affiliate console. Any changes to your desired payment method may take up to two payout cycles to take effect.
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.
In the past, many affiliate marketers focused on a catch-all approach, offering traffic up to hundreds or thousands of sites, even if they had little authority or traffic to give. But in 2018, advertisers will laser their focus into smaller groups of highly credible, targeted, and popular influencers. To map your strategy, focus on a few key influencers in your industry. Start with them, then nail your niche before expanding outward.
HomeNav hereby grants to Affiliate during the term of this agreement a non-exclusive, non-transferable, royalty-free license to establish hyperlinks between Affiliate’s Website and the HomeNav Website and to use HomeNav’s trade names, logos, trademarks, and service marks (the “HomeNav Marks”) on Affiliate’s Website solely as is reasonably necessary to establish and promote Links and to otherwise perform Affiliate’s obligations under this agreement, subject to HomeNav’s prior approval. Affiliate shall use the HomeNav Marks strictly in accordance with HomeNav’s trademark policy if HomeNav makes such a policy available to Affiliate.
SkimLinks is probably best for bloggers who want to write content around the affiliate link rather than add affiliate links to existing products. SkimLinks offers a lot of tools to compare commission rates and offers in order to customize your content to optimize your income. Once nice aspect of SkimLinks is that it offers lots of products for non-US creators, including popular UK brands like John Lewis and Tesco.
Sponsored search (also called sponsored links, search ads, or paid search) allows advertisers to be included in the sponsored results of a search for selected keywords. Search ads are often sold via real-time auctions, where advertisers bid on keywords.[19]:118[53] In addition to setting a maximum price per keyword, bids may include time, language, geographical, and other constraints.[19]:118 Search engines originally sold listings in order of highest bids.[19]:119 Modern search engines rank sponsored listings based on a combination of bid price, expected click-through rate, keyword relevancy and site quality.[21]
Customers who buy products through the Program will be deemed to be customers of Ticketfly. Accordingly, all Ticketfly.com rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to such customers with respect to their transactions at Ticketfly.com. We may change our policies and operating procedures at any time consistent with applicable laws. Since prices and availability may vary from time to time, Affiliate may not display Ticketfly price information on Affiliate’s Site. Ticketfly will use commercially reasonable efforts to present current and accurate information, but cannot guarantee the availability or price of any particular event.
Advertisers have a wide variety of ways of presenting their promotional messages, including the ability to convey images, video, audio, and links. Unlike many offline ads, online ads also can be interactive.[18] For example, some ads let users input queries[69] or let users follow the advertiser on social media.[70] Online ads can even incorporate games.[71]
BitterStrawberry.com has 3 mobile traffic moneymaking concepts, that you as an affiliate marketer, newbie or experienced, can immediately start running offers with them. You get all the tools you need to monetize up to 99,9% of your traffic. No matter which is more suited for you, you will have everything in house: performance, highest conversion direct offers, optimization and last, but not least, custom guidance from experienced Affiliate Managers. And everything is for free! No costs, no subscriptions fees!

The most well-known paper click network is Google Adwords. there is a misconception that Google does not allow any affiliate ads on its Adwords network. This is simply not true. Google does, however, have some very strict guidelines for what is acceptable. Before you get started, it is absolutely crucial that you read the Google Adwords terms and conditions. Do not skip this step. Google is known for banning people’s accounts with absolutely no warning for relatively small infractions. It’s not fun to go through the terms or conditions, but in this case, you really need to do it.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Merchant.com's Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the Merchant.com web site. Please note that throughout this Agreement, "we," "us," and "our" refer to Merchant.com, and "you," "your," and "yours" refer to the affiliate.
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.

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.
Kimia is a premium online advertising network with global reach. It provides app developers with its proprietary Cactus SDK to serve ads, high impact ad formats and Machine Learning technology based algorithms to achieve high fill rates and maximize their revenue. With the Kimia Smartlinks tool ad networks get a cutting-edge tool to monetize, for website owners Kimia provides a self-serve platform to monetize their traffic and media buyers can join Kimia’s Millionaire Club to get access to their exclusive market that provides top 20% of high-performing offers.
The first way to make YouTube and effective affiliate advertising method is to create your own high-quality videos related to a specific industry or niche. If you do not want to create your own videos, you can always outsource video creation through websites like Fiverr.com. Be warned, that this will take some time and effort. But if you consistently add new videos of high quality your videos will not only be seen by a lot of people, but a lot of people even subscribe to your channel. This means any time you come out with a new video they will be notified. Gaining a big following on YouTube is probably even more powerful than email marketing.
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.

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL COMPANY'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.


Commissions will be payable within 30 days from the end of each calendar quarter. HomeNav will deduct from each payment amounts previously paid to Affiliate for Commissions relating to products that were subject to returns, refunds, or allowances. If during any calendar quarter of the term of this agreement Affiliate’s Commissions do not exceed $50.00, then Affiliate will not receive payments or reports until following the calendar quarter during which Affiliate’s aggregate Commissions equal or exceed that amount or until the termination of this agreement, whichever occurs earlier.
A couple years ago in United States v. Cyberheat, Inc., the Federal Trade Commission attempted to hold a seller liable for the misconduct of its marketing affiliates. One of Cyberheat’s affiliates used sexually explicit e-mails that didn’t comply with FTC warning label requirements, and the FTC tried to hold Cyberheat strictly liable for the affiliate’s actions. Although the case did not result in merchants being held strictly liable for an affiliate’s actions per se, since then, the FTC and state authorities have continued to increase affiliate monitoring requirements.
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