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THIS AFFILIATE AGREEMENT (the "Agreement"), together with any amendments, are
entered into by and between MaxBounty.com Inc. ("MaxBounty"), and the
applying party submitting the Application For Affiliate Status (the
"Affiliate"), also referred to herein jointly as the parties
("Parties", each a "Party"). This Affiliate Agreement
supplements all other Campaign Terms subsequently agreed to by the
WHEREAS, MaxBounty and Affiliate desire to provide for the terms and conditions of this
Affiliate Agreement as more specifically set forth herein;
THEREFORE, the Parties agree to be legally bound as follows:
1.1."Opt-in" or "Opted-in"
means that the consumer has made an active, affirmative choice to receive Ads
from the Affiliate.
1.2."User" means any person using
1.3."Action" means a User's completion
of an action (such as a click, sale, lead, or call) defined by the Advertiser or
1.4. "Network" means the advertising
network operated by MaxBounty, which is made up of Affiliates and Advertisers.
1.5."Advertiser" means the advertiser,
merchant or advertising agency providing advertisements to MaxBounty for use by the
1.6. "Ad" means the advertisement in the
form of graphics and/or text supplied to MaxBounty for inclusion in the MaxBounty
Network and to be made available for Affiliate use.
1.7. "Spam" means unsolicited bulk
email where recipients have not agreed in advance to receive Ads.
1.8."Campaign Terms" means the specific
guidelines for each Advertiser campaign as listed in the MaxBounty network.
2.1.From time to time, MaxBounty may amend,
replace or supplement the Agreement, including but not limited to changing
Advertiser payouts, by posting an updated Agreement or Campaign Terms on the
MaxBounty website, and it shall be deemed effective immediately unless
otherwise noted, and Affiliate will be deemed to have consented to, and agreed
to be bound by, the updated Agreement or Campaign Terms.
It is the responsibility of the Affiliate to
read and keep up to date with the Agreement and Campaign Terms with or without
notice of change from MaxBounty.
3. Affiliate Requirements.
3.1. Affiliate is subject to review and may be
rejected for any reason, and at any time, by MaxBounty.
3.2.Affiliate must submit valid and correct
contact information, including but not limited to name, e-mail address, street
address, and telephone number. Affiliate must ensure this information remains
up-to-date at all times within the MaxBounty Network. Affiliate must accurately,
clearly and completely describe all promotional
methods in their descriptions and provide additional information when
3.3.Affiliate websites must not be associated
with or contain any illegal activity, or pornographic, obscene, racist, or
hateful content, or deceptive advertising, piracy, libelous or defamatory
3.4.Affiliate websites must not contain any
mechanisms that could be downloaded on to a User's computer without the User's
explicit knowledge and consent.
3.5.In its sole discretion, if at any time
MaxBounty deems the Affiliate's website or advertising activities are contrary
to the terms set out in the Agreement, the Affiliate shall be terminated from
the Network and shall forfeit any and all commissions and earnings.
4. Affiliate Rules.
4.1.Failure to adhere to the following rules is a
violation of the Agreement and will result in immediate termination of the
Affiliate from the MaxBounty Network with forfeiture of all monies due to
4.2. Affiliate must not load Advertiser's
website within a frameset or iframe unless prior written approval is obtained from
4.3. Affiliate must not modify the Ads supplied
by MaxBounty in any way unless prior written approval is obtained from
4.4. Affiliate must indicate whether he uses
incentive traffic, and only offer incentives to Users to respond to Ads with
permission from MaxBounty and the Advertiser as indicated on
the Network and Campaign Terms, or in writing. MaxBounty reserves the right to define the
4.5.Affiliate must not make misleading or
disparaging statements, oral or written, about any Ad, Advertiser or MaxBounty.
4.6.Affiliate must agree to receive periodic
communications from MaxBounty. This communication could be in
the form of e-mail, instant message, postal mail, telephone or fax.
4.7.Affiliate must not display any
Ad in third party newsgroups, social networks, message boards, blogs, link farms,
counters, chatrooms or guestbooks without the consent of such third party entity.
4.8. Affiliate must comply with all Campaign
Terms as outlined in Ads.
4.9. Affiliates must not use SMS/text messages to deliver Ads to Users.
4.10. Affiliate must not generate any Actions in bad faith
or through fraudulent mechanisms. This includes, but is not limited to, generating own Actions
using manual or automated processes, misrepresenting product or service offered by Advertisers,
deceiving Users into obtaining product or service offered by Advertisers,
and encouraging or educating Surfers to cancel any product purchase or service provided by Advertisers.
4.11. Affiliate must not share, lend, lease, sell or transfer
their account to any third party unless prior written approval is obtained from
4.12. Any Affiliate engaged in the distribution of
Ads via email must comply with all of the following rules:
4.12.1.Affiliate must distribute Ads only to those
recipients who have Opted-in to receive such email from the Affiliate.
MaxBounty prohibits the use of Spam. Any
use of Spam whatsoever by Affiliate will result in the forfeiture of
Affiliate's entire commission for all campaigns, and the termination of the
Affiliate's account. Affiliate will
also be held liable for any and all damages resulting from a violation of this
provision including reasonable court costs.
4.12.2.If requested by MaxBounty, Affiliate must be
able within 24 hours of such request, to supply the name, date, time, IP
address and URL where the User gave permission to the Affiliate to receive such Ads
4.12.3.Affiliate must ensure each email recipient
is provided with a valid opt-out mechanism within each email delivered in order
for the recipients to "opt-out" of future mailings from Affiliate.
4.12.4.Affiliate must not use the Advertiser or
MaxBounty name (including any abbreviation thereof) in the originating email
address line ("From" line) or subject line of any email transmission,
unless specific permission is given otherwise.
4.12.5. Affiliate must not use falsified sender
information or falsified IP Addresses.
4.12.6.Affiliate must use only pre-approved
Advertiser subject lines and from lines as set out in Campaign Terms.
4.12.7. Affiliate must use only legitimate routing
4.12.8. Affiliate must use their own tracking links
that redirect to the tracking links supplied by MaxBounty.
on their website, and it must be in compliance with all FTC guidelines, rules
and regulations in respect to online privacy and shall warrant that email
accordance with any applicable local or international laws.
4.12.10.Affiliate must ensure each email contains
Advertiser's unsubscribe mechanism as set out in Campaign Terms.
4.12.11.Affiliate must not send email to any email
address or domain contained in an Advertiser's suppression list as set out in
4.12.12.Affiliate must ensure each email clearly
contains the Affiliate's physical address, which cannot be a PO BOX.
4.12.13.Affiliate must comply with all campaign
instructions from MaxBounty and Advertiser as set out in Campaign Terms.
4.12.14.Affiliate must comply with any and all
applicable rules, regulations and laws, specified or not within this Agreement,
in respect to email distribution and advertising and relating thereto,
including the CAN-SPAM Act of 2003.
5. Advertising Services and Warranties.
5.1.Provided that Affiliate complies with all provisions
of this Agreement and Campaign Terms, MaxBounty hereby grants to Affiliate a
non-exclusive, limited, revocable license to market, display, perform, copy,
transmit, and promote the Ad in connection with its obligations hereunder; and
market display, perform, copy, transmit, and promote the Ad to third parties in
connection with its obligations hereunder.
Affiliate's use of Ads or copyrighted materials in violation of this
Agreement is strictly forbidden and will result in this limited license being
immediately withdrawn and may further result in the
termination of the Affiliate's account and being held liable under applicable
5.2.MaxBounty's sole obligation to the Affiliate
under this Agreement with respect to Ads shall be to provide such Ads for
use in their advertising efforts.
The advertising services provided by MaxBounty are provided "as
is". MaxBounty makes no
warranties, guaranties, promises, or estimates, expressed or implied, oral,
written or otherwise except as specifically set forth herein, AND does not
guarantee, including but not limited to, demographic profiling of Users, click
to Action conversion rates, response rates or conversion rates from Action to
5.3.No additional warranties are provided.
6. Commission Earnings and Payments.
6.1.MaxBounty shall send Affiliate's commission
payment approximately fifteen (15) days from the last business day of each month
in which earnings are accrued if the amount due to Affiliate exceeds either one hundred (100)
dollars USD or the minimum payment amount requested by the affiliate, whichever is higher.
only be earned on Actions reported by the Advertiser, and only after MaxBounty
receives full payment from the Advertiser. MaxBounty is under no
obligation to pay Affiliates for Actions which are not paid by the Advertiser.
6.2.MaxBounty shall increase the payment frequency for Affiliate
to weekly, provided Affiliate has received one previous payment from MaxBounty and is setup
to receive payments electronically. All other conditions and restrictions for payment
as outlined in item 6.1 remain in force for weekly payments. MaxBounty in its sole discretion may
disqualify any Affiliate from being eligible for weekly payments.
6.3.In the event of non-payment by an Advertiser,
and If MaxBounty elects in its own discretion not to make payment to
Affiliate, an Affiliate's recourse for any earned commissions not paid
shall be to make a claim against the relevant Advertiser(s), and MaxBounty disclaims
any and all liability for such payment.
6.4.MaxBounty or the Advertiser may reverse any
Action generated by the Affiliate. Circumstances for Action reversals
include but are not limited to duplicate Actions, fraudulently generated
Actions, non-payment, Affiliate's failure to
comply with the Agreement, invalid or incomplete data, or product returns. Reversals may be applied
at any time, including for Actions during a period where payment has already
been issued to the Affiliate.
6.5.In the event reversals are applied to Actions for which an Affiliate has already been paid,
Affiliate is required to return payment for these Actions to MaxBounty.
7.1.Affiliate shall earn a 5% referral fee on the
commission payments made to any other new Affiliates (excluding bonuses, rewards,
additional payouts, Affiliate earnings where the Affiliate is an
advertising network, and referral income) who have been referred to MaxBounty
using the specified link code. Affiliate shall earn this fee on the
commission payments of a referred Affiliate for a period of twelve (12) months
after the referred Affiliate joins the MaxBounty Network. Secondary accounts
held by Affiliate are excluded from the referral program.
MaxBounty reserves the right to terminate an
Affiliate referral program, in whole or in part, at any time for any reason,
including but not limited to, fraud, questionable activity or breach of the
terms set out in the Agreement or Campaign Terms.
8. Representations and Warranties.
8.1.Each Party represents and warrants they have
full corporate right, power, and authority to enter into this Agreement, to
grant the rights and licenses granted and to perform the acts required of it.
8.2.Each Party acknowledges that the other Party
makes no representations, warranties, or agreements related to the subject
matter hereof that are not expressly provided for in this Agreement.
9.1. Affiliate shall not solicit or recruit,
directly or indirectly, any Advertiser that is known to Affiliate to be an
Advertiser of MaxBounty, for purposes of offering products or services that are
competitive with MaxBounty, nor contact such Advertisers for any purpose,
during the term of Affiliate's membership in the MaxBounty Network and for the twelve
(12) month period following termination of Affiliate's membership in the
10. Limitation of Liability.
10.1.UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE
LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL
OR EXEMPLARY DAMAGES OR COSTS, DIRECT OR INDIRECT, (EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM AFFILIATE
PARTICIPATION IN MAXBOUNTY'S NETWORK. MAXBOUNTY SHALL NOT IN ANY EVENT BE
LIABLE TO AFFILIATE FOR MORE THAN THE AMOUNT PAID TO AFFILIATE HEREUNDER. NO
ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST MAXBOUNTY MORE THAN ONE
YEAR AFTER THE DATE OF SERVICE.
10.2.Affiliate agrees to not to hold
MaxBounty or Advertisers liable for any of the consequences of interruption
11.1.Affiliate hereto agrees to indemnify and
hold harmless MaxBounty, Advertiser, and each if its agents, officers,
directors and employees against all liability to third parties resulting from the
acts or failure to act of such indemnifying party, or any act of its customers
or users. Affiliate is solely
responsible for any legal liability arising out of or relating to the
Affiliate's website(s), any material to which Users can link through the
Affiliate's website(s) and/or any consumer and/or governmental/regulatory
complaint arising out of any e-mail campaign or other advertising campaign
conducted by Affiliate, including but not limited to any Spam or fraud
complaint and/or any complaint relating to failure to have proper permission to
conduct such campaign to the consumer.
12.1. Affiliate agrees to refrain from disclosing
MaxBounty's confidential information or the Advertiser's confidential
information (including but not limited to commission rates, conversion rates,
email addresses, fees, identities of Advertisers) to any third-party without
prior written permission from MaxBounty.
13. Force Majeure.
13.1.Neither party shall be deemed in default of
this Agreement to the extent that performance of its obligations or attempts to
cure any breach are delayed or prevented by reason of any act of God, fire,
natural disaster, accident, terrorism, riots, acts of government, shortage of
materials or supplies, or any other cause beyond the reasonable control of such
party; provided, that the party whose performance is affected by any such event
gives the other party written notice thereof within three (3) business days of
such event or occurrence.
14.1.The Parties to the Agreement are
independent non-exclusive contractors. Neither Party will have any right, or
authority to enter into any agreement on behalf of, or incur any obligation or
liability of, or to otherwise bind the other Party, nor is either party an
agent, representative, partner, employee, or joint venture of the other Party.
15.1. MaxBounty reserves the right to withhold
payment and take appropriate legal action to cover its damages against any
Affiliate that violates the terms of this Agreement or breaches the
representations and warranties set forth in this Agreement, or commits
fraudulent activity against MaxBounty. Except as otherwise specified, the
rights and remedies granted to a Party under the Agreement are cumulative and
in addition to, not in lieu of, any other rights and remedies which the Party
may possess at law or in equity.
16. Entire Agreement.
16.1.This Agreement constitutes the entire and only
agreement and supersedes any and all prior agreements, whether written, oral,
express, or implied, of the Parties with respect to the transactions set forth
17. Governing Law.
17.1.The rights and obligations of the parties under
this Agreement shall be governed by and construed under the laws of the
Province of Ontario, Canada, without reference to conflict of laws principles.
18.1.This Agreement may be terminated by
either party. This Agreement may be terminated immediately upon notice for your
breach of this Agreement.
18.2.An Advertiser may terminate Affiliate from the
Advertiser's program for any or no reason.
18.3.Upon termination of this Agreement,
any permissions granted under this Agreement will
terminate, and Affiliate must immediately remove all Ads and link to
WHEREOF, the Parties have caused this Agreement to be duly executed and binding
upon Affiliate's submission and MaxBounty's acceptance of Affiliate's properly
completed Affiliate network application without need for further action by
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