Flackbox Affiliate Program Terms and Conditions
Throughout the following document, the following definitions will apply.
Company, “we”, “us”, “our” refers to Flackbox (operated by Neil Anderson), and its applicable subsidiaries, which is the designated operator of this affiliate program, whose terms and conditions are set out herein.
Flackbox Affiliate Program (“Affiliate Program”) refers to the affiliate program operated by Company.
Affiliate Program Manager means the individual or individual who has the legal authority from Company to manage and represent its interests in the Affiliate Program
Affiliate, “you”, “your”, “yours” means the legal entity agreeing to participate in the Program, and who will legally be bound by the terms and conditions herein
Affiliate Agreement refers to these Terms and Conditions of the Affiliate Program.
Company Website(s) refer to flackbox.com or any of its subdomains.
Affiliate Dashboard refers to the online location https://flackbox.postaffiliatepro.com through which the Affiliate can manage the Affiliate Program.
Affiliate Sign-Up Page refers to the online location https://www.flackbox.com/affiliates through which the Affiliate can accept these Terms and Conditions and apply to be accepted into the Affiliate Program.
User refers to the Affiliate website visitor who may or may not click an Affiliate link and be directed to the Company Website to purchase products or services from Company.
Commission refers to the amount earned from successful purchases on the Company Website through referral by Affiliate.
Abandoned Affiliate Account means any Affiliate account whose Affiliate Dashboard has not been logged into for a period of 6 months and/or has no transactions posted during a period of six months.
PLEASE MAKE SURE TO READ THE ENTIRE DOCUMENT.
THIS DOCUMENT MAY BE PRINTED FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU (“AFFILIATE”) AND FLACKBOX (OPERATED BY NEIL ANDERSON) (“COMPANY”).
BY CLICKING ON THE “I AGREE TO THE FLACKBOX AFFILIATE PROGRAM TERMS AND CONDITIONS” CHECKBOX ON THE FLACKBOX AFFILIATE SIGN-UP PAGE YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS.
These are the complete list of Terms and Conditions for the Affiliate Program. The purpose of enrolling in the Affiliate Program is to allow you to make affiliate commissions for the sales of Company’s product(s) or service(s) originating from your promotional activities in the manner set forth herein.
Agreeing to these terms and conditions is required for acceptance to the Affiliate Program.
2. Affiliate Obligations and Rules
2.1 To enroll in our Affiliate Program, you must:
- be at the age of majority in your jurisdiction or the age of 18 whichever is greater;
- have the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth herein;
- complete and submit the online application through the Flackbox affiliate sign-up page;
- be enrolled or accepted by Company into the Affiliate Program.
2.2 Company may choose at their discretion to auto-approve your application. This does not imply that we will not re-evaluate your application at a later time. We reserve the right to reject your application at any point in time, at our sole discretion. This is especially true if the Affiliate’s website or promotional materials breach any of the points set out in 2.4.
2.3 In the event that Affiliate materially breaches this Agreement and Company terminates this Agreement any accrued and payable Commissions owing to Affiliate shall be forfeited, and Company shall not be obligated to pay such Commissions to Affiliate.
2.4 Affiliate agrees that Affiliate’s website, service or correspondence does not contain any materials that in Company’ sole discretion are considered to:
- Promote adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual, or provocative images in violation of legislation in your local jurisdiction;
- Includes violent, obscene, defamatory, libelous, slanderous and/or unlawful content;
- Promote hate speech, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group;
- Incorporate any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
- Includes “Company” or its product(s) or service(s) or variations or misspellings thereof in its domain name and as keywords in PPC campaigns
- Promote politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities;
- Promote gambling, including without limitation, any online casino, sports books, bingo, or poker;
- Contain software downloads that potentially enable diversions of commission from other affiliates in our program;
- Make representations through code, designs, imagery, video, text or otherwise that makes your website resemble the Company Website in a manner which leads customers to believe you are the Company Website, business or a legal representative of Company in any way.
- Offer rebates, coupons, or other form of promised kickbacks from your Commission as an incentive. Adding bonuses or bundling other products with Company, however, is acceptable, if prior permission is received from the Affiliate Program Manager.
- Generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Affiliate Program links must direct users to the Company Website.
- Distribute disparaging, false or misleading commentary about Company.
2.4.1 User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to the Company website” is NOT allowed).
2.4.2 Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the Company Website or sets a cookie. Affiliates with such text will be removed from the program immediately.
2.4.3 Affiliates may not bid on or use phrases including Company (product or service). Any misspellings of our brand name in combination with coupon/deal/savings or any synonyms or similar alterations of these words are also strictly prohibited.
2.4.4 Affiliates may not use misleading text on affiliate links, buttons or images to advertise anything besides currently authorized deals to the specific affiliate. The commercial purpose of the Affiliate’s marketing efforts must be clearly identifiable. The Affiliate shall not disguise its affiliate marketing efforts as consumer recommendations or as similar non-commercial messages.
2.5. As a member of the Affiliate Program, you will be granted access to review the details of our Affiliate Program including our promotional materials, such as affiliate links to web pages within the Company Website and banner creatives. You will be free to browse and get tracking codes for our deals if and when they are available.
2.6. Company reserves the right, at any time, to review your link placement and either approve or disapprove the use of your affiliate links and require that you change the placement of links or ask you to comply with these guidelines.
2.7. The Affiliate is solely responsible for the maintenance and information updates on your site. For example if Company’ pricing policy changes, it will be up to the Affiliate to update this information. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.8. It is your sole responsibility to follow all applicable laws, regulations, government decrees, authorities’ decisions and the like (including Federal Trade Commission guidelines) relating to:
1) protection of intellectual property;
2) marketing of goods and services;
3) unfair business practices; and
4) any other similar field of regulation
that pertain to your website or any of your promotional materials. If you violate any such rules of law or any third party presents any allegations or claims that pertain to information you place on your website and promotional materials you use, you will indemnify and hold Company harmless for any and all costs arising out of any such violations, allegations or claims.
2.9 As an affiliate, you can only create and use one (1) Affiliate Program account.
2.10 Self-referrals for affiliate purchases are strictly prohibited. This means that you cannot refer yourself, your immediate family or the company you work for by using your affiliate link. You will not receive a Commission on any purchases by yourself for your own use, your immediate family members or the company you work for.
2.11. We reserve the right to remove Abandoned Affiliate Accounts from our system after a 6 month period of inactivity. In this case any accumulated commissions which have been unable to be paid by the Affiliate Dashboard payment system will be forfeited.
2.12. Affiliate will make reasonable efforts to sell Company’s product(s) and/or service(s) with the affiliate link(s) provided by Company.
2.13. Affiliate will use collateral materials provided by Company solely for the promotion of Company’s product(s) and/or service(s).
2.14. Affiliate will not alter provided collateral materials without express prior written consent from Company.
2.15. Affiliate recognizes and understands that content on the flackbox.com website including course material and eBooks is proprietary and protected by copyright laws. Affiliate will share affiliate links but will not distribute in whole or in part any content from the flackbox.com website without express prior written consent from Company.
3. Company Rights and Obligations
3.1. Company will provide Affiliate with affiliate link(s), commission(s) and collateral materials for the promotion of Company’s product(s) and/or service(s).
3.2. Company will not distribute disparaging, false or misleading commentary about Affiliate.
3.3. We reserve the right to monitor your site at any time to determine whether you are following these Terms and Conditions. We may inform you of any changes to your site that we feel you should make, or to ensure that your affiliate links to the Company Website are placed appropriately and to notify you of any other changes that we feel should be made. Failure to make the changes to your site that we feel are necessary within reasonable time (no longer than 30 days) constitutes a material breach of this Affiliate Agreement.
3.4. Company reserves the right to terminate your participation in the Affiliate Program immediately and without prior notice to you if you commit fraud or abuse this Affiliate Program in any way (including material breaches of section 2.4 of this Affiliate Agreement). If such fraud or abuse is detected, Company shall not be liable to you for any Commissions for any fraudulent sales/sales based on abuse.
3.5. These Terms and Conditions will begin to apply to you upon our acceptance of your Affiliate application, and their application will continue indefinitely unless terminated hereunder.
4.1 Either the Affiliate or Company may end this Affiliate Agreement at any time, with or without cause, by giving the other party written notice. Written notice can be sent by email to either party, or through any appropriate mechanism in the Affiliate Dashboard.
4.2 If the Affiliate Agreement is terminated by either party, Company shall not be liable to pay any Commission to you for sales made after the termination of the Affiliate Agreement. (Commission due for sales made before the termination of the Affiliate Agreement will be paid as normal, according to section 6.)
4.3 This Affiliate Agreement will terminate immediately without notice upon any material breach of the Terms and Conditions by the Affiliate.
We may modify, add or remove any of these Terms and Conditions at any point in time. In such event, you will be provided with and need to comply with a revised version of these Terms and Conditions when prompted to do so. If any modification is unacceptable to you, your only option is to end your association with the Affiliate Program by closing your account.
Continued participation in the Affiliate Program will indicate your agreement to the changes and your adherence to any modified Terms and Conditions.
6. Commission Payment
6.1. Commissions are earned from authorized referrals that generate purchases via your affiliate links.
6.2. When a User clicks on your affiliate link, a cookie is sent to their browser to track your referral. The cookie is set to be stored for 90 days.
6.3. If a user’s browser has cookies from more than one affiliate, the last (most recent) cookie applied will be the qualifying cookie. Only one affiliate can be credited with any individual sale.
6.4. When a user purchases a Company product or service for which you are an affiliate, from a browser with your qualifying cookie applied, you will be credited with the sale and awarded commission.
6.2. For each authorized sale, Company will provide Affiliate with compensation at a rate of 40% commission per sale, less any chargebacks, refunds, or discounts per sale.
6.3. Company will pay Affiliate in a reasonable manner, namely within 31 days after each sale made.
6.4. For an Affiliate to receive a Commission, the Affiliate account must remain active for a minimum of 30 days after the User payment date.
6.5. Affiliate is responsible for any and all charges, fees, taxes, exchange rates, surcharges and other expenses arising out of the Affiliate relationship with Company including those incurred in order to receive affiliate payments.
6.6. Company will pay Affiliate by PayPal.
6.6. Affiliate is responsible for monitoring any and all commission account(s) for any discrepancies it feels has occurred and reporting any such discrepancy in a timely manner to Company.
6.7. Company will make reasonable efforts to cooperate with Affiliate in the event of a payment discrepancy or error in accounting
6.8. Affiliate will comply with legal and tax filing requirements in their jurisdiction.
7. Affiliate Promotional Materials
7.1. You are free to promote what you deem appropriate on your own website(s), but any promotion that mentions Company or its product(s) or service(s) may be perceived by the press or the public as a joint effort. You should therefore note that certain forms of advertising are always prohibited by Company. Any promotions by Affiliates should never contravene promotional laws in their location.
Advertising commonly known as “spamming” is inappropriate and unacceptable to us and constitutes a material breach of this Affiliate Agreement. Other prohibited forms of advertising include the use of unsolicited commercial email (UCE). Additionally, you may not advertise in any way that effectively hides or misrepresents your own identity, your domain name, or your email address. You may use emails or other messages to customers to promote Company’ services if the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings and such emails or other messages are otherwise sent in compliance with the laws applicable to them.
In any direct marketing messages sent by the Affiliate, the Affiliate must identify itself and its contact details. Where the Affiliate processes personal data relating to identified or identifiable individuals, the Affiliate undertakes to provide to data subjects any information required in the applicable data protection legislation (including but not limited to information referred to in Articles 13 and 14 of the General Data Protection Regulation (EU) 2016/679). The Affiliate shall especially provide to the data subjects information on how to exercise their rights under the applicable data protection legislation.
Also, you may only post to newsgroups to promote Company’ subscription if the news group specifically welcomes commercial messages. You must always clearly represent yourself and your websites as independent from Company.
7.2. Affiliates shall not create a website specifically for promoting their affiliate links, especially not with Company or its product(s) or service(s) and/or any misspellings or similar alterations of these included in the domain name.
7.3. Affiliates that bid in their pay-per-click campaigns on keywords such as Company or its product(s) or service(s) and/or any misspellings or similar alterations of these – be it separately or in a combination with any other keywords – will be considered to be in material breach of the Affiliate Agreement.
7.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited the Company Website (i.e., no page from our site or any Company’ content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware” and “Parasitic Marketing” shall mean an application that
(a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email;
(b) intercepts searches to redirect traffic through an installed software, thereby causing pop ups or commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given Internet search and directory engines (services referred here as examples include, but are not limited to, Google, Bing);
(c) set commission tracking cookies through loading of Company site in IFrames, hidden links and automatic pop ups that open Company.com’s site;
(d) targets text on websites, other than those sites 100% owned by the application owner, for the purpose of contextual marketing; or
(e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on websites 100% owned by the owner of the application.
8. Grant of Licenses
8.1. All contracts, photographs, copyrights, trademarks, designs, intellectual property, website(s), graphics, images, legal documents, financial accounts, insurance, software accounts and other related business documents, including content created only for the purpose of fulfilling this Agreement remains the property of the contributing party. The non-contributing party hereby receives a non-exclusive, revocable license to any listed property only for the purpose of fulfilling the terms of this Agreement, unless otherwise declared to and agreed in writing by both Parties to this Agreement.
8.2. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through affiliate/referral links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Company and the goodwill associated with it will inure to the sole benefit of Company.
8.3. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in any negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Affiliate Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
COMPANY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING COMPANY SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF COMPANY’ ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
10. Representations and Warranties
You represent and warrant that:
10.1. This Affiliate Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
10.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Affiliate Agreement and to perform your obligations under this Affiliate Agreement, without the approval or consent of any other party;
10.3. You have sufficient right, title, and interest in and to the rights granted to us in this Affiliate Agreement.
11. Limitations of Liability
TO THE EXTENT PERMITTED BY LAW, 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’ 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.
You hereby agree to indemnify and hold harmless Company, 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 site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Affiliate Agreement will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
14.1. You certify that you are an independent contractor, and as such, nothing in this Affiliate Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Company. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website or any other website or otherwise, that reasonably would contradict anything in this Section.
14.2 The parties note that the Affiliate is free to determine the essential means of processing personal data relating to its affiliate marketing activities. For instance, whether or not the Affiliate targets any identified or identifiable natural persons as a part of its marketing efforts, or otherwise processes personal data for affiliate marketing purposes, is solely determined by the Affiliate. As a consequence, the Affiliate serves as a data controller with regard to any personal data processed by it for the purpose of the conclusion and performance of this Affiliate Agreement.
The Affiliate undertakes to process personal data only in accordance with the applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) (EU) 2016/679. Any material breach by the Affiliate of the applicable data protection laws is considered as a material breach of this Affiliate Agreement.
14.3. Neither party may assign its rights or obligations under this Affiliate Agreement to any third party, except to a party who obtains all or substantially all of the business or assets of a party to this Affiliate Agreement.
14.4. This Affiliate Agreement shall be governed by and interpreted in accordance with the laws of the Finland without regard to the conflicts of laws and principles thereof. Any disputes relating to or arising out of this Affiliate Agreement shall be resolved by the District Court of Helsinki as the court of first instance.
14.5. You may not amend or waive any provision of this Affiliate Agreement unless in writing and signed by both parties.
14.6. This Affiliate Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
14.7. The headings and titles that are contained in this Affiliate Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Affiliate Agreement.
14.8. If any provision of this Affiliate Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this Affiliate Agreement shall have full force and effect.
14.9 The Affiliate Agreement is an electronic contract that sets out the legally binding terms of your participation in the Company affiliate program. You indicate your acceptance of this Affiliate Agreement and all of the terms and conditions contained or referenced in this Affiliate Agreement by completing the Affiliate Program application/signup process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.