AFFILIATE PROGRAM AGREEMENT
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
This is a legal agreement between you and Merchant, LLC (DBA Merchant.com). Please read the terms and conditions of this Affiliate Program Agreement carefully before you join or begin promoting our program. These terms are written in plain language to avoid unnecessary legalese, but they remain legally binding. Each Affiliate is responsible for ensuring that its employees, agents, and contractors comply with this Agreement.
By submitting the online application to join our Affiliate Program via the AWIN network, you confirm that you have read, understood, and agree to be legally bound by all terms and conditions of this Agreement.
DEFINITIONS
“We,” “us,” “our” – Merchant LLC and our website.
“You,” “your” – The Affiliate.
“Our Website” – The Merchant website located at www.merchant.com.
“Your Website” – Any website(s), platform(s), or channel(s) where you will link to our Website.
“Program” – The Merchant Affiliate Program managed via the AWIN affiliate network.
AFFILIATE OBLIGATIONS
Enrollment
You will apply through AWIN’s platform. After submitting your application, we will review your site(s) and notify you of acceptance or rejection. Auto-approval does not guarantee ongoing acceptance—we may re-evaluate at any time.
We reserve the right to reject or remove any application at our discretion. Providing full and accurate details about your websites in your AWIN profile will help us make an informed decision.
Website Restrictions
Your participating site(s) may not:
Infringe on intellectual property, privacy, or publicity rights.
Violate any applicable law or regulation.
Contain threatening, defamatory, obscene, or adult content.
Contain malware, viruses, or harmful code.
Use software or technology to divert, intercept, or manipulate affiliate traffic or commissions (e.g., toolbars, plug-ins, extensions).
LINKING TO OUR WEBSITE
Once accepted, you may access approved links, banners, and creatives in AWIN’s interface. You agree that:
You will use only the linking code provided by AWIN.
We may review your placements and request changes at any time.
All domains you use must be listed in your AWIN profile.
You will not make your site resemble ours or create confusion about affiliation.
No cookie stuffing, cloaking, false redirects, or masking referring URLs.
You are responsible for maintaining and updating your site.
You must comply with intellectual property laws and secure licenses where needed.
You may use our logos and trademarks only as provided and only for Program participation.
You acknowledge our ownership of licensed materials.
PPC GUIDELINES
You may not bid on our trademarked terms (see list below), including misspellings, without written permission.
You may not use trademarked terms in combination with other keywords (e.g., “Merchant coupons”).
You may not use trademarked terms in ad titles, copy, or display URLs.
You may not direct-link PPC ads to our Website. Customers must be sent to your own site first.
You may not outbid us in PPC auctions (positions 1–5).
If you automate PPC, you must add our trademarked terms as negative keywords.
Trademarked Terms (examples, not exhaustive):
Merchant, merchant.com, www.merchant.com, merchant coupon, merchant promo code, merchant deals, etc.
COUPON GUIDELINES
If you promote coupons:
Use only coupons provided through AWIN (newsletters, Deal Database, or direct communication).
Display codes in full with details and expiration dates.
No “workarounds” (e.g., first-time-only restrictions).
No cloaking coupon codes or misleading users into thinking a click is required to access ongoing sitewide deals.
If your site ranks highly for “[Merchant] + coupon” terms or shows unusually high conversion rates, your commission may be adjusted.
Coupon Attribution – Sales must use valid AWIN-issued coupon codes. Invalid, expired, or generic codes (e.g., “up to 40% off”) will not qualify for commission.
SUB-AFFILIATE NETWORKS
Allowed only with full transparency.
Sub-affiliates must comply with all Program terms.
Coupon sub-affiliates require prior approval.
Non-compliance may result in commission reversals or removal from the Program.
DOMAIN NAMES
Prohibited: merchant.website.com, merchant-coupons.com
Allowed: website.com/merchant
ADVERTISING & PUBLICITY
Any promotional material referencing our Program requires our written consent.
Email marketing must:
Comply with CAN-SPAM.
Clearly originate from you, not us.
Be submitted to us for approval before sending (or sent to us in copy).
SOCIAL MEDIA
You may:
Post affiliate links on your own social accounts.
Share valid deals with your followers.
You may not:
Post links on our brand-owned accounts.
Run ads using our trademarked terms.
Create accounts using our trademarks in the username/page name.
OPERATIONS OUTSIDE THE U.S.
If targeting international users, you must comply with all applicable local laws, including GDPR in the EU.
FTC DISCLOSURE
You must include clear affiliate disclosures on any post, page, or channel containing affiliate links, consistent with FTC requirements. Disclosures must be:
Clear and conspicuous.
Above the fold.
Not hidden in pop-ups.
MERCHANT RIGHTS & TERMINATION
We may monitor your site at any time. Failure to comply may result in termination.
Either party may terminate this Agreement at any time through AWIN’s platform.
Upon termination, you must remove all links, creatives, and licensed materials immediately.
Only valid commissions earned before termination will be paid (subject to return/cancellation).
PAYMENT
All tracking and payments are handled by AWIN.
Review AWIN’s payment terms directly.
Transaction lock and payment dates are per AWIN’s schedule.
REVERSAL & COMMUNICATION POLICY
We may reverse orders for cancellations, returns, duplicate tracking, or program violations. Affiliates must respond promptly and honestly to compliance inquiries. Non-responsiveness, vagueness, or failure to validate traffic sources may result in commission reversals or removal from the Program.
GRANT OF LICENSES
We grant you a limited, non-transferable, revocable license to use our links, logos, and creatives solely for Program participation.
REPRESENTATIONS & WARRANTIES
You represent that:
You have full authority to enter this Agreement.
This Agreement is binding.
You own or have rights to your promotional materials.
DISCLAIMER & LIMITATION OF LIABILITY
We make no warranties regarding our Program, Website, or products.
We are not liable for indirect or consequential damages.
Our total liability under this Agreement will not exceed total commissions paid to you.
INDEMNIFICATION
You agree to indemnify and hold harmless Merchant LLC, its affiliates, officers, and employees from any claims, damages, or expenses arising from your participation in the Program.
CONFIDENTIALITY
Any information marked “Confidential” must not be shared or used beyond what is necessary for Program participation.
MISCELLANEOUS
You are an independent contractor. No partnership or employment relationship is created.
This Agreement is governed by New York law.
This Agreement represents the entire understanding between the parties.
Invalid provisions will be modified minimally without affecting the remainder.
Our failure to enforce any provision does not waive our right to enforce it later.
INDEPENDENT INVESTIGATION
You acknowledge you have independently reviewed this Program and are not relying on any promises outside of this Agreement.
