INTRODUCTION:
Affiliate relationships are powerful drivers of mutual success. We know the time and effort that goes into creating compelling content, and we appreciate everyone who takes an interest in our products which also take time and effort. Our best affiliate relationships are formed through mutual respect. We are reasonable and fair people, and we expect the same from our affiliates.
I have crafted the following affiliate agreement to make sure that we collectively stay true to being mindful of the work we have done and will do with you. If you have any questions you can email me directly. My team and I are very responsive, and we want to forge a great relationship with you.
Erik A. Kaiser, CEO
erik@crushthememory.com
crushthememory.com (hereinafter referred to as “The Company”) Affiliate Agreement
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND GLAMCOR GLOBAL LLC (DBA CRUSH the Memory)
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
ENROLLMENT
In order to apply for enrollment into this Program, you must first sign up as an affiliate of Shareasale.com, Inc., an Illinois corporation ("Shareasale.com") and you must agree to Shareasale.com's Affiliate Service Agreement (the "Shareasale.com Agreement"), the terms of which are hereby incorporated by reference.
You may apply to participate in the Program by providing all the information required by Shareasale.com in connection with becoming a Shareasale.com affiliate and by accepting the terms of this Agreement. After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. We reserve the right to accept or reject your application in our sole discretion; however we encourage you to contact us if you feel we have made an incorrect decision. Including all of the websites that you use in your profile will help us make a better decision. If your application is accepted, you may obtain such discounts and affiliate commissions as are offered pursuant to this Program for so long as this Agreement is not terminated.
YOUR WEBSITE(S)
Your participating website(s) ("Your Website") may not:
a) Infringe on anyone else's or our intellectual property, publicity, privacy or other rights.
b) Violate any law, rule or regulation.
c) Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contain nudity, pornography or sexually explicit materials.
d) Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
e) Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website.
f) Mislead customers as to the products or services available on Your Website or on the CRUSH website, located at www.crushthememory.com (the "CRUSH Site").
g) Includes "CRUSH" or variations or misspellings thereof in its domain name.
SPAM
We take spam very seriously. Affiliate agrees to not utilize SPAM in promoting The Company. This action will result in the immediate termination of Affiliate account with a cancellation of any pending commissions. Affiliate will also be in violation of The Company’s Affiliate Agreement and subject to legal action and be held liable for any financial loss incurred by The Company. Any service interruptions to The Company’s website as a result of Affiliates spamming will be billed to Affiliate at USD $1,000 per hour until service is restored.
For the purpose of this agreement SPAM is defined as emailing ANYONE, in bulk or by single mailing, about The Company, who has not specifically requested the information directly from Affiliate. The ONLY exceptions to this are:
a) Mailing to APPROPRIATE OPT-IN mailing lists where the source does the mailing on Affiliate's behalf. However, use extreme caution when choosing an opt-in mailing list company! Using anything but the most reputable sources could generate spam complaints against Affiliate resulting in suspension or termination.
b) You may include information on The Company in email Acknowledgement Messages for orders and inquiries that you receive so long as it is stated upfront that you will be sending them an acknowledgement. The Company also considers ANY type of advertisement about The Company posted to a Newsgroup or Chat Room to be spam.
LINKING TO OUR WEBSITE
Upon acceptance into the Program, links will be made available to you through the Shareasale.com affiliate website. Your acceptance in our Program means you agree to abide by the following:
a) You will only use linking code obtained from the Shareasale.com affiliate website without manipulation.
b) All domains that use your affiliate link must be listed in your affiliate profile on the Shareasale.com affiliate website.
c) Affiliates may not advertise our products on websites that they do not own, including, for instance, Google Product Search, Amazon, eBay or any comparison shopping engines such as Shopzilla or Pricegrabber.
d) Your Website will not in any way copy, resemble, or mirror the look and feel of the the Company website. You will also not use any means to create the impression that Your Website is the Company Site or any part of the Company Site including, without limitation, framing the Company Site in any manner.
e) You may not engage in cookie stuffing or include pop-ups, false or misleading links on Your Website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).
f) You may not use redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain.
g) You may not create any links that lead the customer to a destination site that is not clearly suggested by the content of the starting site.
h) You may not create affiliate tracking links that also contain a tracking link for other referral programs ("Other Referral Programs"). Affiliates are permitted to participate in either the Program or Other Referral Programs but individual links must be specific and exclusive to one of the programs. By participating in this Program, you agree not to claim commission or credit from both the Program and from our Other Referral Programs for the same user.
i) You may not use your affiliate links to claim commissions for your own purchases on the Company website.
SOCIAL MEDIA PROMOTION
Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:
a) You ARE allowed to promote offers to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, X.com, etc. pages. For example: You may post, “10% off sale at CRUSH through Sunday with code CRUSH10.”
b) You are PROHIBITED from posting your affiliate links on any of the Company's and affiliated company/brand Facebook, Twitter, Pinterest, etc. company pages in an attempt to turn those links into affiliate sales.
PPC BIDDING RULES
a) You may not bid on any of our Trademarks (referenced below) including any variations or misspellings thereof for search or content-based campaigns on Google, MSN, Yahoo or any other network.
b) You may not use our Trademarks in sequence with any other keyword.
c) You may not use our Trademarks in your ad title, ad copy, display name or as the display URL.
d) You may not direct link to the Company website from any PPC ad or use redirects that yield the same result. Affiliates must be directed to an actual page on Your Website.
e) You may not bid in any manner appearing higher than the Company for any search term in position 1-5 in any auction style PPC advertising program.
Affiliates are prohibited from bidding on the following trademarks, domain names and or variations of them:
CRUSH the Memory
CRUSH AI Recorder
CRUSH AI Device
CRUSH Recorder
CRUSH Memory Device
You may bid on the branded/trademarked terms of the Company's competitors, as well as link directly to CRUSH from a Paid Search Ad.
If you automate your PPC campaigns, it is your responsibility to exclude our Trademarks from your PPC advertising program and we strongly suggest you add our Trademarks as negative keywords. We have a strict no tolerance policy on PPC trademark bidding. If you engage in PPC trademark bidding that uses our Trademarks, we may terminate your participation in the Program immediately.
TRADEMARKS
Upon acceptance into the Program, the Company grants you a limited, non-exclusive, revocable, royalty-free right to use the Trademarks of the Company during the term of this Agreement solely to in connection with your participation in the Program, provided that you shall not: (a) use the Trademarks in any manner to communicate or suggest any sponsorship or other connection between the Company and you other than your participation in the Program, and (b) harm or adversely affect the Trademarks or the goodwill associated with the Trademarks. All promotional messaging and materials used by you containing such Trademarks shall be subject to the Company's prior written approval. Except for the limited license provided in this Agreement, the Company reserves all rights in and to the Trademarks and the goodwill associated therewith. All uses of the Trademarks by you shall inure to the benefit of the Company. You shall not acquire, directly or by implication, any rights or license in the Trademarks except as expressly provided in this Agreement. Your right to use the Trademarks will terminate immediately if you violates any of the terms of this Agreement. For purposes of this Agreement, "Trademarks" means "CRUSH the Memory," "CRUSH,” “crushthememory.com,” the Company logos and such other names, logos, trade names, trademarks, service marks, trade dress, design marks, brands, copyrights in any designs and other copyrightable subject matter, and other product identifiers of the Company as the Company may from time to time notify you to be Trademarks within the meaning of this Agreement.
THE COMPANY RIGHTS AND OBLIGATIONS
We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the CRUSH Affiliate Program.
The Company reserves the right to terminate this Agreement and your participation in the CRUSH Affiliate Program immediately and without notice to you should you commit fraud in your use of the CRUSH Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, the Company shall not be liable to you for any commissions for such fraudulent sales.
This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
TERMINATION
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
MODIFICATION
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Merchant.com's Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in the CRUSH Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
PAYMENT
The Company uses a third party to handle all of the tracking and payment. The third party is the ShareASale.com affiliate network. Kindly review the network’s payment terms and conditions.
ACCESS TO AFFILIATE ACCOUNT INTERFACE
You will create a password so that you may enter ShareASale’s secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you.
