Atomi Affiliate Agreement
These are the terms (the “Agreement”) governing your participation in the Atomi Affiliate Program (“this program” hereafter). By registering for this program you agree to these terms, which form a binding legal contract between Atomi and the registered affiliate (“you”). If you are registering on behalf of another individual, it is your responsibility to ensure the person registering is aware of these terms and accepts them. By completing the registration on behalf of another individual you are warranting that you have made the participant aware of these terms and that they have accepted these terms.
1 Affiliate Requirements
1.1 Admittance. Your registration entitles you to admittance as a participant in this program for which you have registered. Any and all other costs (including without limitation travel and marketing expenses) shall be borne solely by you, and Atomi shall have no liability for such costs.
1.2 Use of Likeness. By participating you acknowledge and agree to grant Atomi the right to record, film, photograph, or capture your likeness in any media now available or hereafter developed and to distribute, broadcast, use, or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to you. This grant to Atomi includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use or disseminate the media.
1.3 Event Content. You acknowledge and agree that Atomi, in its sole discretion, reserves the right to change any and all aspects of this program, including but not limited to, this program name, themes, content, program, marketing, programs, coupons, etc..
1.4 Age Requirements. No one under the age of 21, will be allowed to participate in this program.
1.5 You must always make clear to everyone that you are an affiliate partner of Atomi – not an employee of Atomi.
2 Prohibited Conduct
2.1 Limitations on Use. By registering for a complimentary product you agree not to sell, trade, transfer, or share your complimentary code. Atomi may cancel your badge(s), retain any payments made by you, report you to law enforcement authorities, and ban you from future Atomi programs.
2.2 Disruptive Conduct. You acknowledge and agree that Atomi reserves the right to remove you from this program if Atomi, in its sole discretion, determines that your presence or behavior creates a disruption or hinders this program or the enjoyment of this program by other Atomi partners/employees.
2.3 Atomi Trademark &/or Likeness/Misuse. Atomi considers such conduct theft of service, trespassing, and fraud and will report violators to law enforcement authorities.
2.4 Unethical/Non-Compliant Marketing. Atomi reserves the right to deny admission into this program to anyone who engages in or is reputed to engage in unethical or non-compliant marketing practices.
2.5 Future exclusion. In addition to the requirements and prohibitions set forth in this Section 2, Atomi may also exclude any prospective applicant from registering for any future business opportunities.
3 Privacy Policy
3.1 Affiliate Protection. Atomi owns and operates this program and is committed to protecting the privacy of its program members. Atomi does not rent, share, or sell your contact information or other personal information to any third parties.
4 Intellectual Property
4.1 Intellectual property. All intellectual property rights regarding this program, the content, and all materials distributed in connection with this program are owned by Atomi. You may not use or reproduce or allow anyone to use or reproduce any trademarks (including without limitation “Atomi Trademarks”, “www.atomiscooters.com content in its entirety or singly”, or other trade names appearing at this program, in any content or in any materials distributed at or in connection with this program for any reason without the prior written permission of Atomi.
4.2 Avoidance of doubt. For the avoidance of doubt, nothing in this Agreement shall be deemed to vest in you any legal or beneficial right in or to any trademarks or other intellectual property rights owned or used under license by Atomi or any of its affiliates; nor does this Agreement grant to you any right or license to any other intellectual property rights of Atomi or its affiliates, all of which shall at all times remain the exclusive property of Atomi and its affiliates.
5 Disclaimer of Warranties, Limitation of Liability
5.1 Warranties. Atomi gives no warranties in respect of any aspect of this program or any materials related thereto or offered at this program and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. This program is provided on an “as-is” basis. Neither Atomi nor its affiliates accept any responsibility or liability for reliance by you or any person on any aspect of this program or any information provided in this program.
5.2 Costs, Damages or Loss. Except as required by law, neither Atomi nor its affiliates shall be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from this program or other aspects related thereto or in connection with this Agreement.
5.3 Liability. The maximum aggregate liability of Atomi for any claim in any way connected with, or arising from, this program or this Agreement, whether in contract, tort or otherwise (including any negligent act or omission), shall be limited to the amount paid by you to Atomi under this Agreement.
6 Coupon Compliance
Affiliate might or might not be assigned to one coupon code with details and usage. If you’re not assigned a branded coupon, then you’re not allowed to promote the coupon.
7 Commission Fee Accrual and Payments
Commission of repeated orders on Atomi’s affiliate programs will be split accordingly. Exp., if a certain order is recorded on 2 programs with $100 commission as default, it will be divided by 2, which is $50 for each program.
Commission of all returned products and non-qualified orders will not be paid.
Commissions will also be reduced for amounts due to credit card fraud, bad debts, cancellations, chargebacks, and credits for returned goods. A commission will be paid only if the visitor to our website is tracked by the system from the time of the link to the time of the sale.
8 Paid Search Terms
We encourage affiliates to use generic keywords in their search engine optimization. However, affiliates may not use our trademark name, our domain name, or misspellings or variations of these.
If you are currently a PPC affiliate or plan on promoting atomiscooters.com through paid advertising, you must adhere to the following guidelines:
- Affiliate may not bid on any of our trademarked terms, including any variations or misspellings, or bid on any trademarked terms in sequence with another keyword without express written approval from atomiscooters.com
- Affiliate may not use our trademarked terms in your display URL.
- Affiliate’s ad title and ad copy must not create the impression that your site is the atomiscooters.com site or any part of our site.
- Affiliate must link directly to your own site. Redirects to the atomiscooters.com site are unacceptable.
If you are found to be engaging in any of the aforementioned practices, we reserve the right to reverse any/all sales generated. It is suggested that if you actively participate in PPC advertising, you add our trademarked terms as negative keywords.
Trademarked terms include: atomiscooters.com, Atomi or other permutations or misspellings of the brand name.
9 FTC Endorsement Guidelines
Any affiliates who are providing content or reviews of Atomi products offers or items must clearly state that they are receiving monetary compensation BEFORE the tracking links or banners directing them to the Atomi offers or items landing page(s). Disclaimers at the bottom or end of the article will not be sufficient. Non-compliance with these FTC regulations will risk removal from the program and commissions could be subject to reversal. Further, any Atomi affiliate who plans on promoting Atomi offers through social media must state clearly "AD:" before each post. Linking to a post with the disclaimer will not be sufficient.
10 Miscellaneous
Atomi’s failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. Atomi shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Atomi’s reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with Atomi’s prior written consent.
A party that substantially prevails in an action brought under this Agreement is entitled to recover from the other party its reasonable attorneys’ fees and costs. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you acknowledge that you do not have any authority of any kind to bind Atomi in any respect whatsoever.
