Enrollment in the Affiliate Program
You must submit an Affiliate Program application from our website. You must accurately complete the application to become an affiliate (and provide us with future updates) and not use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you of your acceptance or rejection to the Affiliate Program, generally within two (2) business days. We may accept or reject your application at our sole discretion for any reason.
Obligations of the Parties
Subject to our acceptance of you as an affiliate and your continued compliance with the terms and conditions of this Agreement.
Adpard agrees as follows
We will pay Affiliate for each Qualified Action (the “Commission”). A “Qualified Action” means an individual person who accesses the Program Web Site via the Link, where the Link is the last link to the Program Web Site, is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person, is not using pre-populated fields completes all of the information required for such action within the time period allowed by Adpard and is not later determined by Adpard to be fraudulent, incomplete, unqualified or a duplicate.
We will pay you any Commissions earned monthly, provided that your account is currently greater than the threshold you designate at signup. Accounts with a balance of less than $25 will roll over to the next month, and will continue to roll over monthly until $25 is reached. We reserve the right to charge back to your account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action.
Adpard does not guarantee payment to the Publisher if the Advertiser does not pay Adpard. In the event Advertiser does not make payment to Adpard, Adpard assigns its rights to the Publisher to recover any unpaid fees. This agreement shall be construed in accordance with the standard terms and conditions of the IAB.
Adpard shall automatically generate an invoice on behalf of Affiliate for all Commissions payable under this Agreement and shall remit payment to Affiliate based upon that invoice. All tracking of Links and determinations of Qualified Actions and Commissions shall be made by Adpard in its sole discretion. In the event that Affiliate disputes in good faith any portion of an invoice, Affiliate must submit that dispute to Adpard in writing and in sufficient detail within thirty (30) days of the date on the invoice. If Affiliate does not dispute the invoice as set forth herein, then Affiliate agrees that it irrevocably waives any claims based upon that invoice. In the event that Affiliate is also tracking Qualified Actions and Affiliate claims a discrepancy, Affiliate must provide Adpard with Affiliate’s reports within three (3) days after 30th of calendar month, and if Adpard’s and Affiliate’s reported statistics vary by more than 10% and Adpard reasonably determines that Affiliate has used generally accepted industry methods to track Qualified Actions, then Adpard and Affiliate agree to make a good faith effort to arrive at a reconciliation. If the parties are unable to arrive at reconciliation, then Adpard’s numbers shall govern.
If Affiliate has an outstanding balance due to Adpard under this Agreement or any other agreement between the Affiliate and Adpard, whether or not related to the Affiliate Program, Affiliate agrees that Adpard may offset any such amounts due to Adpard from amounts payable to Affiliate under this Agreement.
Affiliate also agrees to
In order to be eligible for Affiliate approval, all websites and newsletters must meet the following criteria:
- Be content-based, not simply a list of links or advertisements, nor can the site be centered around making money off of our Advertisers.
- Be written in English and contain only English language content.
- Receive a minimum of 1,000 unique page views per month.
- Have a top-level domain name.
- Cannot offer incentives to users to click on ads unless otherwise specified in the campaign description ; incentives include but are not limited to awarding them cash, points, prizes, contest entries, etc.
- Be fully functional at all levels; no "under construction" sites or sections.
- Cannot have any spawning process pop-ups and exit pop-ups for click approved affiliates.
- Cannot have any adult content nor link from, or to, any adult materials including but not limited to:
- Explicit, vulgar or obscene language;
- Posting or referencing of sexually explicit images or other offensive content; or
- Promotion of adult services, such as phone sex or escort services.
- Cannot infringe on any personal, intellectual property or copyrights.
- Cannot contain any of the following:
- Racial, ethnic, political, hate-mongering or otherwise objectionable content;
- Investment, money-making opportunities or advice not permitted under law;
- Gratuitous violence or profanity;
- Material that defames, abuses, or threatens physical harm to others or to you;
- Promotion of illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, etc; or
- Software Pirating (e.g., Warez, Hotline) Hacking or Phreaking.
- Cannot promote any illegal activity whatsoever or any questionable or controversial subject matter.
- Cannot have any spoofing, redirecting, or trafficking from adult-related websites in an effort to gain traffic.
- Upon administrative approval by ADPARD, the Network hereby grants the Affiliate full access to all Offers and advertisements present on our website. The Affiliate is given the right distribute and disseminate the Network’s Offers in any manner that they wish, as long as this distribution is in full accordance with the conditions set forth in this Affiliate Agreement, to any consumers or sub-Affiliates that they wish. Affiliates and any sub-Affiliates that display the Network’s Offers must do so in accordance with the conditions set forth in this Affiliate Agreement, and cannot claim the Offers to be their own property.
- Ensure that all materials posted on your Media or otherwise used in connection with the Affiliate Program are not illegal, do not infringe upon the intellectual property, do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, and promotes discrimination.
- Not make any representations, warranties or other statements concerning Adpard or any of its products or services, except as expressly authorized herein.
- Make sure that your Media does not copy or resemble the look and feel of the Program Web Site,without prior written permission from us.
- Comply with all obligations, requirements and restrictions under this Agreement.
The following additional program-specific terms shall apply to any promotional programs set forth below:
1. Limited License & Intellectual Property
- We grant you a nonexclusive, nontransferable, revocable right to use the Links and to access our web site through the Links solely in accordance with the terms of this Agreement.
- You may not alter, modify, manipulate or create derivative works of the Links or any Adpard graphics, creative, copy or other materials owned by, or licensed to, Adpard in any way.
2. Confidentiality
Except as otherwise provided in this Agreement or with the consent of Adpard, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Affiliate Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you.
3. Termination
You may terminate your participation in the Affiliate Program at any time by removing all Links from your Media, deleting all copies of the Links. . We may terminate your participation in one or more offers or this Agreement at any time and for any reason which we deem appropriate with or without prior notice to you by disabling the Links or providing you with a written notice.
4. Remedies
In addition to any other rights and remedies available to us under this Agreement Adpard reserves the right to delete any actions submitted through your Links and withhold and freeze any unpaid Commissions or charge back paid Commissions to your account. In the event of a material breach of this Agreement, Adpard reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions.
5. Fraud
Affiliate agrees to make all concerted efforts to prevent fraudulent activity on their website(s). ADPARD is the sole judge in determining what constitutes Fraud relating to our Offers, and the Affiliate agrees to this. In general, Fraud consists of the activities including, but not limited to: completion of Offers with the predetermined decision to cancel the Offer soon after completion, completion of Offers outside the guidelines stated for each Offer, use of fake and/or misleading redirects to increase Offer traffic, Affiliate generated clicks and/or Leads so as to inflate Offer statistics, completion of Offers by individuals not eligible for participation, desire to solely gain revenue at the expense of the advertiser without any effort to advertise the Offer, and/or application of Offers by websites not approved by the Network. Affiliates with higher than usual fraudulent activity may have Compensation withheld, have their accounts indefinitely suspended, and/or be removed from the Network pending a review of the fraudulent activity conducted by the Network at its discretion.
6. Mutual Indemnification
Affiliate hereby agrees to indemnify, defend and hold harmless Adpard and its subsidiaries, affiliates, partners and licensors, and their respective directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on any failure or breach of this Agreement.
7. Disclaimers
The affiliate program and links, and the products and services provided in connection therewith, are provided to affiliate "as is". except as expressly set forth herein, Adpard expressly disclaims all warranties, express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and noninfringement, and any warranties arising out of course of dealing, usage, or trade.
8. Limitation of Liability
In no event shall Adpard be liable for any unavailability or inoperability of the links, program web sites, technical malfunction, computer error, corruption or loss of information, or other injury, damage or disruption of any kind beyond the reasonable control of Adpard. In no event will Adpard be liable for any indirect, incidental, consequential, personal injury / wrongful death, special or exemplary damages, including but not limited to, loss of profits or loss of business opportunity, even if such damages are foreseeable and whether or not Adpard has been advised of the possibility there of.
9. Incentivized Traffic
Unless expressly approved in writing by ADPARD or specified in the campaign description, YOU ARE NOT PERMITTED to provide compensation, benefits, or incentives of any kind whatsoever, including, but not limited to, points, cash, contest entries, or rewards, to encourage a user to click on an advertisement or to complete a form or action.
A, If a site is incentivized and an Affiliate receives a high rate of complaints from our advertisers or immediate cancellations, his or her Affiliate account may, at ADPARD's discretion, be evaluated and removed from the network.
B, If ADPARD suspects fraud or the encouragement of cancellations, we reserve the right to remove any and all leads from your account.
10. Compensation
- Affiliate agrees to be Compensated at the discretion of the Network. ADPARD reserves the right to Revoke any Leads at our discretion.
- Affiliate agrees to be Compensated at the stated amount for each Offer at time of a Lead generation.
- ADPARD reserves the right to change Compensation value for any Offer at any time, for any reason. All Leads generated for an Offer after said Compensation change occurs will be Compensated at the current value. All Leads generated before said change will be Compensated at the value of the Offer at the time which the Lead(s) was generated.
- ADPARD reserves the right to offer different amounts of Compensation for the same Offer to different Affiliates. Affiliates can gain higher Compensation values by bringing - increased traffic to individual offers or to their website(s) as a whole.
- Affiliate agrees to be Compensated on a net-30 monthly payment schedule. ADPARD reserves the right to change this payment schedule at any time, for any reason.
- Affiliate has the options of direct deposit, PayPal payment, or physical check as means of receiving monthly Compensation. ADPARD will only send PayPal payments to those Affiliates who have a verified PayPal account. ADPARD reserves the right to add or subtract methods of Compensation at any time, for any reason. At the time of addition or subtraction, Affiliates will be notified of said change and be given the opportunity to change their method of Compensation.
- Affiliates that have their accounts suspended at the time of payments will not receive any outstanding Compensation, and must wait until the first Compensation period after reinstatement to receive due Compensation.
- Any Affiliate who has had Leads revoked will not be Compensated for said Revocations.
- ADPARD will not Compensate any Affiliates that have less than $50 in monthly revenue. Affiliate will be Compensated for all outstanding revenue during the first Compensation period after an amount of revenue higher than $50 is accrued.
- Affiliate agrees to provide the Network with any necessary documents concerning Compensation which include, but is not limited to: proof of incorporation, including EIN and tax ID, governmental forms such as W8/W9, social security information, and/or proof of residency. Failure to provide to the Network any requested documents can cause for indefinite delays in compensation.
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