Ferramonster Affiliate Program Agreement
A Message from the Team
Hello and thank you for your interest in the Ferramonster Affiliate Program! Our affiliates are crucial to our mission of building a vibrant community. This agreement is here to ensure our partnership is clear, fair, and successful for everyone involved. We value transparency, so if you have any questions before signing up, please reach out to us at affiliates@ferramonster.com.
We're excited to potentially welcome you to the Ferramonster family!
Best,
The Ferramonster Team
AFFILIATE AGREEMENT
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.
THIS IS A LEGAL AGREEMENT BETWEEN YOU (THE "AFFILIATE" OR “PUBLISHER”) AND FERRAMONSTER ("WE," "US," OR "OUR").
By submitting your application to join the Ferramonster Affiliate Program via our designated platform, you confirm that you have read, understood, and agree to be legally bound by all terms and conditions set forth below.
1. Overview
This Agreement contains the complete terms and conditions that govern your participation in the Ferramonster Affiliate Program. The primary purpose is to establish a framework for linking your website, social media, or other digital channels (your "Site") to the Ferramonster website (ferramonster.com).
2. Affiliate Obligations
2.1. To apply, you must complete and submit the official application through our chosen network, awin.com. Auto-approval does not prevent us from re-evaluating your application later. We reserve the right to accept or reject any application at our sole discretion. Your Site may be deemed unsuitable and your application cancelled if it, in our opinion:
2.1.1. Contains or promotes sexually explicit, violent, or discriminatory content.
2.1.2. Promotes illegal activities or violates any applicable law.
2.1.3. Infringes upon any third-party copyright, trademark, or other intellectual property rights.
2.1.4. Uses "Ferramonster" or any misspellings or variations as part of its domain name.
2.1.5. Is in any way unlawful, deceptive, defamatory, or otherwise harmful to our brand reputation.
2.1.6. Employs software or tactics designed to divert commissions from other affiliates.
2.1.7. Is designed to mimic the look and feel of the Ferramonster site or misleads users into believing it is part of Ferramonster.
2.2. Upon acceptance, you will gain access to an Affiliate Account Manager where you can retrieve your unique affiliate links, banners, and track your performance. You must use the specific HTML and tracking codes we provide to ensure accurate commission tracking.
2.3. We reserve the right to review your placement of affiliate links and require changes to ensure they comply with our branding guidelines.
2.4. You are solely responsible for the development, operation, and maintenance of your Site and its content.
2.5. You must comply with all applicable intellectual property and other laws. You are solely liable if you use copyrighted material without permission.
3. Ferramonster Rights and Obligations
3.1. We have the right to monitor your Site to ensure compliance with this Agreement. We may require you to make changes we deem necessary. Failure to comply may result in termination from the Program.
3.2. We reserve the right to terminate this Agreement immediately and without notice if we suspect fraud or abuse of the Program. In such cases, no commissions will be paid for fraudulent sales.
3.3. This Agreement becomes effective upon our acceptance of your application and continues until terminated.
4. Termination
You or we may terminate this Agreement at any time, with or without cause, by providing written notice (e.g., email). Additionally, any breach of this Agreement by you will result in immediate termination.
5. Modification
We may modify any terms of this Agreement at our sole discretion. You will be notified of changes via email. Your continued participation in the Program after changes are posted constitutes your acceptance of the new terms.
6. Payment
Ferramonster uses the awin.com network to track sales and manage all affiliate payments. Please refer to Awin platform for specific payment schedules and terms. Commission rates will be as specified in the Program details within your Awin account.
7. Promotion Restrictions
7.1. You are encouraged to promote your own Site, but must avoid any advertising that could damage our brand (e.g., spamming, unsolicited emails). You must always clearly identify yourself as an independent affiliate and not an official representative of Ferramonster. Spamming is grounds for immediate termination and forfeiture of unpaid commissions.
7.2. Brand Term Bidding Restriction: You are prohibited from bidding on pay-per-click keywords such as "Ferramonster," "" and any misspellings or variations, unless the traffic is first directed to your own site before being redirected to ours. Violation of this policy will result in immediate expulsion from the Program.
7.3. You may not use "Parasiteware," "Parasitic Marketing," deceptive pop-ups, or any other software or method that interferes with tracking, overwrites cookies, or redirects commissions.
8. Grant of License
8.1. We grant you a non-exclusive, non-transferable, revocable license to use our logos, trademarks, and other creative materials ("Licensed Materials") solely for the purpose of promoting Ferramonster under this Agreement. This license ends when your participation in the Program ends.
8.2. Neither party shall use the other's proprietary materials in a manner that is disparaging, misleading, or obscene.
9. Disclaimer
FERRAMONSTER MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE AFFILIATE PROGRAM OR ANY PRODUCTS SOLD THROUGH IT. WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT OUR SITE WILL BE ERROR-FREE OR UNINTERRUPTED.
10. Limitations of Liability
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF REVENUE OR PROFITS) ARISING IN CONNECTION WITH THIS AGREEMENT. OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE TOTAL COMMISSION FEES PAID TO YOU IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
11. Indemnification
You agree to indemnify and hold harmless Ferramonster and its affiliates from any claims, damages, or expenses (including legal fees) arising from your breach of this Agreement, your Site's content, or your use of the Program.
12. Confidentiality
Both parties agree to keep confidential information, marked as such, confidential and not to disclose it without prior written consent.
13. Miscellaneous
13.1. You are an independent contractor. Nothing in this Agreement creates a partnership, joint venture, or employment relationship.
13.2. This Agreement shall be governed by the laws of the State of New York.
13.3. This is the entire agreement between us and supersedes all prior communications.
13.4. If any provision is found invalid, the remainder of the Agreement will remain in full force.
