Please read the entire agreement. Click the I Accept These Terms link at the bottom
to continue with your affiliate application.
1) Term of the Agreements: The term of this Agreement
will begin upon our acceptance of your Affiliate application and will end
when terminated by either party. Either you or we may terminate this
Agreement at any time, with or without cause, by giving the other party
written notice of termination. You are only eligible to earn referral fees
on sales occurring during the term.
2) Modification: We may modify any of the terms and
conditions contained in this Agreement, at any time and in our sole
discretion, by posting a change notice or a new agreement on this site.
Modifications may include, for example, changes in the scope of available
referral fees, fee schedules, payment procedures and Program rules. IF ANY
MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE
THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR
POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE
BINDING ACCEPTANCE OF THE CHANGE.
3) Limitation of Liability: You acknowledge and agree
that under no circumstances shall our Company, its employees, independent
contractors, authors, agents, representatives, assigns and successors be
liable to you, or any other person or entity, for any direct or indirect
losses, injuries, special or incidental or consequential damages of any
kind (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, GOODWILL, LOSS OF BUSINESS INFORMATION, OR OTHER
INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS) with
regard to any link to any Company web site, or arising from or in
connection with the use of the Program Materials, or due to any mistakes,
omissions, delays, errors, interruptions in the transmission, or receipt
of Company’s services, content or Program Materials, including without
limitation any losses due to server problems, computer or other equipment
failure, or due to incorrect placement of HTML., regardless whether based
upon breach of contract, negligence or any other claim or cause of action,
In the event of any network downtime, computer or technical error we will
not be held responsible for any lost hits, signups, traffic or income.
3.1) Notwithstanding the foregoing
express limitations of liability, you acknowledge and agree that should
Company, its officers, employees, successors, or assigns be held liable to
you for damages, injuries or losses of any kind, directly or indirectly
resulting from your participation in the Program, that the maximum total
dollar amount of liquidated damages for any and all of your claims,
injuries, damages or losses shall not exceed a total of ten dollars
($10.00).
4) Indemnification You will indemnify, defend and hold
us harmless from any and all damages, losses and costs (including
attorneys’ fees) resulting from any act taken by you in violation of these
Terms and Conditions, and/or any failure to act when required to under
these Terms and Conditions.
5) Termination Conditions You AGREE that any of the
following actions by you or anyone under your control will result in ALL
of your accounts being terminated without pay, ALL of your unpaid
commissions being FORFEITED to Company, and will further result in you
being precluded from ever participating in any of our Programs:
5.1) Dissemination of unsolicited
bulk E-mail, Instant Messages, Chatroom, Newsgroup, ICQ or IRC postings or
any other forms of SPAM;
5.2)
Promoting or dealing in content such as: Warez, passwords, unauthorized
copies of copyrighted MP3's, bestiality, rape, child pornography, violence,
or any other illegal activity. This includes use of prohibited content
in hidden meta tags, text, links, graphic(s) or any HTML;
5.3) Attempting to mislead or
defraud Company in any way; including, but not limited to acts of credit card or check fraud, excessive chargeback/refund/reversals activity (above 3% combined of total sales), click fraud, identity theft, money laundering, Or if we find that you have cheated in any
Program, including other webmaster affiliate programs not operated by
Company, we reserve the right in our sole and absolute discretion to
cancel your participation in any and all Programs, at any time, without
prior notification, and you will not be paid for any of the Programs in
which you have participated or allowed back into any of our Programs.
5.4) Directing traffic by using a
misleading domain name on the Internet that may either deceive a person
into viewing material that is obscene in nature or deceive a minor into
viewing material that is harmful to minors on the Internet; OR infringes on copyrights, trademarks or patents of others.
5.5) Hijacking traffic;
5.6) Providing incorrect, false or
incomplete account information; ALL fields must be filled out. In the case of affiliates who do not operate a website, they must specify their marketing plans for the site in the box provided for the website URL (i.e. Search engine marketing on GoogleTM and YahooTM; print ads; Newsletters; e-mails; etc.).
5.7) Generating hits or signups as
a requirement to enter or obtain access to goods or services on your (or
someone else's) web site;
5.8)
Engaging any sort of mechanism or effort that falsely generates hits or
signups, including signups by the Affiliate. If you wish to perform a test
signup you must first E-mail the program administrator at
myapp@mp3downloadhq.com;
5.9)
Violating or infringing any rights of any person or entity, including
without limitation, any copyrights, trademark rights, patent rights,
rights of publicity, privacy rights or any other intellectual, personal or
property right violation or infringement;
5.10) Cheating or defrauding any
other affiliate program or sponsor;
5.11) Misrepresenting our site(s)
in any manner, including but not limited to, misrepresenting the cost of
membership, terms of membership, or content contained within our site(s);
5.12) Misusing our site Terms and
Conditions, including but not limited to, instructing the member to signup
and cancel is also not permitted in any way, shape or form;
5.13) Unauthorized modification,
alteration or use of Program Materials in violation of the terms of this
Agreement;
5.14) You acknowledge
and agree that Company shall have the right to deny or withhold payment
from you and to terminate you from the Program if there has been an
abnormal number of chargebacks or cancellations of memberships or
subscriptions which have been referred to Company's web sites through your
web site or marketing activities including but not limited to e-mail
solicitations and newsletters. You further acknowledge and agree that
Company shall have the right, in its sole and exclusive judgment, to
determine what constitutes an abnormal number of chargebacks or
cancellations of memberships or subscriptions.
6) Warrants to Company: In consideration of Company
providing you with Program Materials and the other benefits of the
Affiliate Program, you hereby represent and warrant to Company as follows:
6.1) That your web site and all
materials, content, goods and services offered through and in associations
with your web site do not and shall not at any time:
6.1a) violate any
law, statute, ordinance or regulation or promote illegal activities;
6.1b) contain or
promote obscene materials or child pornography;
6.1c) contain any
materials which depict persons in a manner to suggest that they are under
the age of eighteen years;
6.1d) contain or
promote harmful or indecent matter to minors;
6.1e) promote
violence;
6.1f)
promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age;
6.1g) contain
content which is defamatory, libelous, hateful or unlawfully threatening,
abusive or harassing;
6.1h) include any
of the Company’s trademarks or service marks, or variations or
misspellings thereof, in your domain names; or
6.1i) send
unsolicited bulk, junk, Spam e-mail or any program, file, data stream or
other material which contains viruses, worms, "Trojan horses" or any other
destructive feature.
6.2) That you
have full authority to enter into this Agreement;
6.3) That you will provide accurate
and complete information to Company concerning your identity, bank
account, address or other required information;
6.4) That all obligations owed to
third parties with respect to the activities contemplated to be undertaken
by you pursuant to this Agreement are or will be fully satisfied by you,
so that the Company will not have any obligations with respect thereto;
6.5) That nothing on, in or
associated with your web site violates any laws, regulations, rules or
customs, including but not limited to violation of regulations set forth
at 18 U.S.C. Section 2257 et seq., or violate or infringe any rights of
any person or entity, including any intellectual property rights,
including, without limitation any copyrights, patent rights, trademark
rights, trade secret rights, or rights of publicity, or any person’s or
entities’ privacy rights or any other personal or proprietary rights of
any kind; and
6.6) That you will
comply with all applicable federal, state and local laws in the
performance of your obligations hereunder; and that each email address
submitted by you has originated with a customer of yours and has not been
created or obtained fraudulently or in contravention of the Terms and
Conditions of this Agreement.
7) Correctness of Data Supplied by You: You must
complete the required fields during the Sign-Up process, and provide us
with your full name and valid contact information including e-mail and
mailing address (no P.O. box). We will e-mail you notices about our
Programs and your account based on the information that you provide to us.
8) Spam Policy: We do not tolerate spam (unsolicited
bulk e-mail) in any form and will immediately remove anyone from our
program without being paid accumulated commissions upon receiving
substantiated spam complaints. Please read and familiarize yourself with
our Spam Guidelines and E-Mail Solicitation Policies, located here.
9) Paid Search and Paid Inclusion Policies:
MP3Dollars.com and it's trademarked names (MP3DownloadHQ.com,
MovieDownloadHQ.com, GameDownloadHQ.com, and MP3Dollars) are never to be
bid on as keywords in any Paid Search Network, including but not limited
to Google Adwords, Overture.com, Findwhat.com, etc. This includes all
derivatives and/or phrases that include our trademarked properties. This
prohibition also extends to Paid Inclusion into Search engines as well.
All violators' accounts will be terminated immediately and you will have
your assets surrendered to the company.
9.1) You may use our trademarked
name(s) in the text and headline of advertisements that are bought/bid on
at these services. For
instance:
Great
P2P Software
Help
MP3DownloadHQ.com
provides tutorials, tech.
support,
unlimited
music/movies only .97 per month. (aff).
9.2) You may not bid on keywords,
terms or phrases that violate or infringe on a copyrighted or trademarked
property. Many merchants are restricting the use of their
copyrighted/trademarked properties in Paid Search Networks and Paid
Inclusion Search Engines, thus we must respect their rights and ask that
you refrain from using any and all trademarked terms where the merchant
has specifically forbid the use of their copyrighted/trademarked
properties names and phrases in the ads' text and keyword/phrase bidding.
9.3) You may not make any
inflammatory or untrue statements in your ads. To avoid conflicts and to
protect the integrity of our brand, we reserve the right to suspend any
affiliates activities and thus their commissions for phrases that we feel
make untrue or inflammatory claims of our services or websites. To avoid
such measures, please forward all ad text and proposed keywords/phrases
you wish to bid on to the Affiliate Manager for approval or editing, prior
to your submitting it to Paid Search Network providers or Paid Inclusion
Search Engines.
9.4) You may link
only to approved pages on our site. You may create gateway pages and sales
pages, but the content must be approved in advance by the Affiliate
Manager. Failure to provide us with the URL of all sites/pages that are
being used to promote MP3Dollars.com Programs, prior to their being made
public through the Internet, will be grounds for suspension from the
program and possibly forfeiture of all commissions.
9.5) All ads placed with either
Paid Search Networks or Paid Inclusion Search Engines must have the
following text in their advertising text: aff or affiliate in the body
text or headline of the advertisement. This is to identify the ad as an
affiliate reseller to potential clients. Where the Paid Search Network or
Paid Inclusion Search Engine provide a field for you to identify your link
as a sponsored listing (i.e. Google Adwords), you must complete that field
and identify yourself as a reseller/affiliate. You then do not have to add
the text listed above in the text of your advertisement’s body text or
headline. Failure to follow this guideline will be grounds for suspension
from the program and possibly forfeiture of all commissions.
10) Federal Tax Payments: If you reside in the U.S. or
its territories, you are required to complete a W9 form with the correct
information and enter a Federal Tax ID or Social Security Number or we
will be forced to withhold tax as required by law. We will register a 1099
for all U.S. domestic entities to which we issue combined yearly payments
of $600.00 or more. Failure to provide this information will cause your
payment to be delayed or withheld.
11) Payments To Affiliates:You will earn a flat fee commission on all products shipped to customers who purchase products from our sites through your site's approved links. You will earn also a flat fee commission all the sales generated by those affiliates referred by you (sub-affiliates). Depending on the program you could be paid from $17.50 ($.99 price point subscription sites) to $22.50 ($3.49 price point subscription sites) on the sales you generate through your approved links to our sites. Second tier commission will be paid out at the following rate: $1.25 for all second tier sub-affiliate sales.
If your
payment address is within the US (includes Alaska and Hawaii) or Canada,
you may elect to get paid by either PayPal® or by check
via the US Postal Service. All other affiliates whose payment address is
outside the US and Canada, will be paid via a PayPal® Account. If you do
not have a PayPal® Account, you may create one here.
Affiliates who elect to receive a physical
check via the US Postal Service will be assessed a $5.00 per check
Processing Fee. Affiliates who elect to be paid by their PayPal account
will not be assessed the Processing Fee. All payments via check will be
paid on a monthly payout period schedule. All Payments via PayPal accounts
will be paid on a weekly payout period schedule. A $50 minimum payout
amount applies to all MP3Dollars Affiliate Accounts, no payouts will be
made on account balances less that $50.00. Accounts not reaching the
$50.00 minimum in a given payment period, will have their funds rolled
forward into the next payment period, until the account reaches the $50.00
minimum and then will be paid out for the appropriate payment periods.
Payments made on commissions earned will be one month in arrears.
Thus, the following schedule will be applied to all affiliates, depending
upon payment method.
PayPal Accounts - All payments
made to PayPal accounts will be made 30 days after the weekly commission
period closing date. Example: During the week of 11/24 to 11/30 an
affiliate earns $100.00 in commissions, that revenue will be paid out 30
days from the 11/30 date. That would make December 30th the payout date
for the commission period of 11/24 to 11/30. Going forward, commission
above the $50.00 minimum threshold for the week of 12/1 to 12/7 would be
paid out on January 7th, and so on. New affiliates will experience a 4
week initial period where they will not receive payments to their account
until the 30 day grace period has been reached. .
Payment By
Check Accounts - All payments by check or money transfer will be
made 30 days after the monthly commission period closing date (end of the
month). Example: During the month of November an affiliate earns $100.00
in commissions, that revenue will be paid out 30 days from the 11/30
monthly commission period end date. That would make December 30th the
payout date for the November commission period.
This policy has
been instituted to protect against fraud and excessive chargebacks and
refunds against an individual affiliate account. In all cases, where
fraud, refunds, chargebacks, reversals or other revenue loss items are
associated with an affiliates' account, the amount of the revenue loss
item will be deducted from the affiliates commission account balance when
the charge is incurred. These deductions will be noted in your account
payment details. Excessive refunds or chargebacks will also be grounds for
suspension of the affiliates active status until an investigation can be
completed as to the source of the issues.
11.1) An affiliate may not be a downline of themselves. You may not sign up additional websites as a second tier of yourself, in other words, no double dipping. You may not under any circumstances list yourself as an affiliate downline of yourself or any entities that you may own or have partial ownership of or in any way derive income from. Program Administrator will have final say on all disputes regarding second tier payments.
11.2) MP3Dollars reserves the right to refuse access to any affiliate the Program Administrators deem a risk. Affiliates located in countries with higher than average fraud rates (at-risk) will not be eligible to participate in the Company's MP3Dollars Affiliate Program. Due to excessive fraud issues and investigations, some countries have been identified as a high-risk country of origin and will not be accepted by Company's processing partners.
11.2a) In the rare case of an exception to 11.2, the applicant will be required to disclose full bank information, as well as supply a facsimile of their passport. In addition, the applicant or current affiliate will be required to furnish a facsimile of their driver's license or other state or country of origin identification in their own name and be able to verify their identity through a trusted third party such as a bank official. In no cases will existing affiliates or future applicants from countries deemed "at risk" by the Program Administrators receive commissions until the specifications above are met.
11.2b) Existing affiliates approved into the program from “at risk” countries prior to changes made in this Agreement that affect At Risk affiliates, will be subject to the following provisions.
11.2b(1) Any and all commissions will be forfeited or subject to delays in payments of up to 360 days from the date of sale once Administrators have determined a country to be At Risk and affiliate from those countries are no longer able to become affiliates of the program.
11.2b(2) Have no recourse to reclaim any commissions forfeited in 11.2b(1) should applicants from At Risk countries be barred from program participation.
