This Affiliate Agreement (“Agreement”) contains the complete terms and conditions between Dunked, Inc. (“Provider”) and you regarding your application to and participation in the Dunked Affiliate Program (the “Affiliate Program”). By applying to join or participating in the Affiliate Program, you confirm that you have read and agree to be bound by this Agreement and Dunked’s Terms and Conditions.
Applying for the Program
- Dunked reserves the right to approve or reject any Affiliate Site at its discretion and will remove any Affiliate Site that violates these guidelines without prior notice.
- The following types of sites will not be accepted into the Affiliate Program:
- Illegal Content: Sites that promote illegal activities or content, including but not limited to, pirated software, counterfeit goods, or any activities that violate applicable laws.
Adult Content: Sites that feature adult content, pornography, or explicit material.
Hate Speech and Violence: Sites that promote hate speech, violence, discrimination, or any content that could be considered harmful or abusive.
Malware or Phishing: Sites that distribute malware or viruses or engage in phishing schemes or fraudulent activities.
- Deceptive Marketing Practices: Sites employing deceptive practices such as clickbait, misleading ads, or misrepresenting services.
- Spam: Sites that engage in unsolicited email marketing or bulk spamming.
- Excessive Pop-ups or Intrusive Ads: Sites that use excessive pop-ups, forced redirects, or intrusive ads that may annoy or mislead users.
- Negative or Defamatory Content: Sites that contain content that is defamatory, libelous, or intended to harm the reputation of Dunked or any other brands.
- Copyright Violations: Sites that infringe upon the intellectual property rights of others, including unauthorized use of images, text, or trademarks.
- Misleading or Non-Transparent Affiliate Practices: Sites that fail to disclose their participation in the Affiliate Program or violate the FTC guidelines regarding affiliate marketing transparency.
Bidding on Dunked Branded Terms
As part of the Dunked Affiliate Program, affiliates are prohibited from bidding on any Dunked-branded terms or related keywords in search engine marketing (SEM) campaigns.
- No Bidding on Dunked’s Branded Keywords: Affiliates may not bid on Dunked’s name, trademarks, or any variations or misspellings thereof (e.g., “Dunked,” “Dunked.com,” “Dunked portfolios”) as keywords in any paid search campaigns on search engines like Google, Yahoo, or Bing.
- No Use of Dunked’s Branded Terms in Ads: Affiliates must not use Dunked-branded terms or trademarks in their ads or ad copy. This includes using these terms within the body of the ad or as keywords to trigger paid advertisements.
- No Competitor Bidding: Affiliates must not bid on keywords that may confuse users into thinking the affiliate is Dunked, such as terms closely associated with Dunked’s brand.
- Violation of SEM Policies: Any affiliate found violating these bidding restrictions may have their participation in the program terminated immediately, and all commission payments associated with such activities will be withheld or canceled.
Disclosures
- Affiliates must disclose that they receive compensation for Referred Customers per the Federal Trade Commission (FTC) guidelines.
- Affiliates must comply with applicable data protection laws regarding personal data, including the GDPR.
- Affiliates may not send unsolicited bulk emails or violate email marketing laws. They are responsible for ensuring recipients consent to promotional emails before sending them.
- Dunked makes no warranties regarding the Affiliate Program and is not responsible for interruptions or errors affecting the tracking of commissions.
- Dunked reserves the right to modify this Agreement at any time. Continued participation after modifications constitutes acceptance of the changes.
- You and Dunked are independent contractors. This Agreement forms no partnership, joint venture, or employment relationship.
- Dunked reserves the right to withhold commission payments if compliance is not met.
Commission Determination and Qualified Purchases
- Commission Structure: Commissions will be calculated based on rates provided on the Affiliate Dashboard.
- Exclusions: A “Qualified Purchase” does not include sales resulting from fraud or other ineligible activities.
- Payment Suspension: Dunked reserves the right to suspend payments if fraud is suspected or if the Terms are violated.
Commission Payments
- Payments will be processed approximately 45 days after the end of the month in which the commission was earned.
- Payment methods and schedules are subject to change at Dunked’s discretion.
Term and Termination
- Either party can terminate this Agreement at any time.
- Affiliates are only eligible for commissions on Qualified Purchases occurring during the Term of the Agreement.
Indemnification
- Affiliates agree to indemnify Dunked against any claims, losses, or damages arising from a breach of the Agreement or related activities.
Confidentiality
- Both parties agree to keep the terms of this Agreement confidential, except where disclosure is required by law.
Miscellaneous
- Governing Law: This Agreement will be governed by the laws of Utah.
- Arbitration: Disputes will be resolved through binding arbitration.
- Assignment: This Agreement is non-transferable without Dunked’s written consent.
Participating in the Dunked Affiliate Program confirms your acceptance of these terms.
