These Maple and Lark Affiliate Program Terms and Conditions (“Terms”) govern your participation in the Maple and Lark Affiliate Program. Before joining or applying to our Affiliate Program, please carefully read these Terms. As a participant (or prospective participant) in the Affiliate Program, you are required to follow these Terms and to keep your own employees, agents and contractors in compliance with these Terms. We’ve written them for real people--avoiding legalese as much as possible--to keep them clear, understandable, and easy on the eyes.
By participating in the affiliate Program, or clicking that you “agree”, “accept” or “continue” when prompted, you agree to be bound by these Terms and all other policies, guidelines, documents and materials that we make available to you in connection with your participation in the Affiliate Program. If you do not consent to these Terms, you are not permitted to participate in the AffiliateProgram. If you are signing up to the Affiliate Program on behalf of a company or other entity, you represent and warrant that you are an authorized representative of such company or entity with the right to bind such company or entity to these Terms. You further represent and warrant that you are at least 18 years of age or older.
These Terms only govern the relationship between you and maple and lark in connection with your participation in the Affiliate Program. Please refer to the applicable agreement between you and ShareASale for all terms and conditions that govern your relationship with ShareASale.
Definitions
As used in these Terms: (a) “Maple and Lark”, “we”, “us”, or “our” refers to Maple and Lark and our respective employees, agents, affiliates and contractors; (b) ”you” or “your” means the Maple and Lark Affiliate Program participant who has agreed to be bound by these Terms; (c) “our website” means the website located at www.mapleandlark.com, or any other website that is owned or operated by or on behalf of Maple and Lark; (d) “your website” means any websites that you own or operate and that link to our website and/or any other website that you use to promote the Maple and Lark Services as permitted by these Terms; (e) ”commission” means any fees that you earn in connection with your participation in the AffiliateProgram; (f) “maple and lark Affiliate Program” means the Maple and Lark marketing program operated and managed by ShareASale; (g) “Maple and Lark ” means Maple and Lark subscription-based online photography and video sharing services available via our websites; (h) ”ShareASale” means the third-party referral program management service used by SmugMug to operate and manage the SmugMug AffiliateProgram available at www.shareasale.com; (i) “ShareASale Interface” means your Maple and Lark Affiliate Program homepage operated and managed by ShareASale that contains commission payment information and other Maple and Lark Affiliate Program materials; (j) ”Prospective Customer” means any visitor to your website or other individual to whom you promote the Maple and Lark Services in connection with your participation in the Maple and Lark Affiliate Program.
Enrollment
The purpose of the Maple and Lark Affiliate Program is to permit you to promote the Maple and Lark Services to Prospective Customers and, in exchange, earn commissions in connection with such promotional activities. In order to participate in the Affiliate Program, you must first submit an application to Maple and Lark via the ShareASale website. Your application must include all information requested by Maple and Lark and ShareASale, including information about your website, links to any website that you intend to use in connection with the Maple and Lark Affiliate Program, your website’s visitor demographics, your contact information and your website’s traffic statistics. After receiving your application, we will review your application materials (usually within two business days) and notify you by email of your acceptance or rejection into our AffiliateProgram. We reserve the right to reject your application for any reason, and encourage you to contact us with any questions regarding your application.
It is your responsibility to ensure that the information in your application and otherwise associated with your Maple and Lark Affiliate Program account, including your email address and other contact information and identification of your website, is at all times complete, accurate and up-to-date. We will send notifications, approvals and other communications relating to the Maple and Lark Affiliate Program and these Terms to the email address then-currently associated with your Maple and Lark Affiliate Program account. You will be deemed to have received all notifications, approvals and other communications sent to the email address associated with your account, even if that email address is no longer current.
Your Website Requirements
You are solely responsible for your website, including the development, maintenance and technical operation of your website and all materials and content that appear on your website. At all times during your participation in the Maple and Lark Affiliate Program, your website must not:
Infringe on Maple and Lark or any third party’s intellectual property, publicity, privacy or other proprietary rights.
Violate any applicable law, rule, or regulation.
Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contain nudity, pornography or sexually explicit materials.
Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
Be directed toward children under 13 years of age, as defined by the Children’s Online Privacy Protection Act (15 U.S.C. §§ 6501-6506) and any regulations promulgated thereunder.
Contain software or use technology that attempts to intercept, divert, or redirect internet traffic to or from any other website.
Your website must accurately and adequately disclose, either through a privacy policy or otherwise, how you collect, use, store and disclose data collected from Prospective Customers, including a disclosure, where applicable or appropriate, that third parties (including us and other advertisers) may serve content and advertisements, collect information directly from Prospective Customers, and place or recognize cookies on visitors’ browsers.
Linking to Our Website
After you have been accepted into the Maple and Lark Affiliate Program, we will make certain links and banner ads to our websites available to you through the ShareASale Interface (“Links”). Links are customized for use in connection with the Maple and Lark Affiliate Program and permit the tracking, reporting and accrual of all commissions that you may be entitled to in connection with your participation in the Maple and Lark AffiliateProgram. By participating in the Maple and Lark AffiliateProgram, you consent to us and ShareASale monitoring, using and disclosing information about your website and Prospective Customers in connection with your display of Links on your website. Further, you must:
Only use Links in exactly the form provided to you through the ShareASale Interface. You are not permitted to manipulate or change the Links in any manner.
List all domains of your websites that currently contain Links in your Maple and Lark AffiliateProgram profile on the ShareASale Interface.
Not copy, resemble, or mirror the look and feel of our website on your website. You will not, in any way, create the impression that your website is our website. This includes framing our website on your site in any manner.
Not engage in cookie stuffing and or include pop-ups, false, or misleading links on your website. You will not attempt to mask the referring URL information for a Link (i.e. the page from where the Link click is originating).
Never use redirects to give the appearance that a Prospective Customer’s click on a Link came from another domain.
Not promote, post or link to information about methods to manipulate or work around the requirements of a Link promotion.
Display Links in their entirety as provided to you through the ShareASale Interface.
Not advertise Links obtained from any means other than the ShareASale Interface, including via Maple and Lark non-referral advertising, customer e-mails, paid searches or any other campaign.
Not mislead customers or give the appearance that any offer on our website requires a click from your website in order to redeem such offer. For example, if we are running a promotion on our website for free shipping on product purchases over $100, you may not suggest or imply that a Prospective Customer must click a Link from your website to receive this deal.
If you redirect any Link in a manner that hides or manipulates its source, we may immediately terminate your participation in the Maple and Lark Affiliate Program and you will not be entitled to receive a payout of your earned commissions as of the date of such termination. We will have no obligation to pay you commissions if you fail to properly implement the Links on your website.
Earning Commissions
You may earn commissions when Prospective Customers who follow Links from your website to our website place orders for the Maple and Lark Services.Maple and Lark reserves the right to reject orders for the Maple and Lark that do not comply with any requirements on our website, as they may be updated from time to time. The Maple and Lark ordered any by Prospective Customer will be governed by Maple and Lark terms of use. Prospective Customers who purchase the Maple and Lark via the Links are Maple and Lark customers with respect to all activities they undertake in connection with the Maple and Lark Services.
Any commissions that you are entitled to in connection with your participation in the Maple and Lark Affiliate Program will be calculated as described on the ShareASale Interface. The ShareASale Interface will also list the SmugMug Services that will result in you earning a commission when purchased by Prospective Customers and the related commission percentage applicable to such sales. Eligible Maple and Lark Services and their related commission percentages are subject to change at any time with or without notice to you. Therefore, you are encouraged to regularly check the ShareASale Interface for the latest commission percentages and Maple and Lark Services that affect your participation in the Maple and Lark Affiliate Program.
From time to time, Maple and Lark may offer you additional ways to earn commissions through your participation in the Maple and Lark Affiliate Program (e.g., via bonus incentives or similar programs), the terms and conditions of which will be made available to you via the ShareASale Interface.
Payment Terms & ShareASale
The calculation and payment of all commissions that you earn in connection with your participation in the Maple and Lark Affiliate Program are performed by and processed through ShareASale. Please refer to your agreement with ShareASale for all payment terms and conditions relating to the calculation and payment of your earned commissions. Commissions will be paid to you solely through ShareASale andMaple and Lark shall have no responsibility or obligation to pay any commissions or compensation directly to you. If you have a question or dispute regarding the calculation of your commissions, you must contact ShareASale to address any such concerns or issues. Maple and Lark disclaims all liability to you for miscalculations, errors or mistakes in the payment of your earned commissions by ShareASale.
The commissions paid by ShareASale to you are the only compensation you are owed for your participation in the Maple and Lark Affiliate Program and no other compensation of any kind is payable to you under these Terms. You are solely responsible for (a) all costs and expenses incurred by you in connection with the implementation and performance of your responsibilities and obligations under these Terms; and (b) any and all taxes, fees, duties, tariffs or charges which may be imposed on you in connection with your participation in the Maple and Lark Affiliate Program.
Maple and Lark Materials
Maple and Lark grants you a limited, non-exclusive, right to use (a) any marketing or advertising materials provided by Maple and Lark , including Links and (b) only those Maple and Lark trademarks or logos provided to you by Maple and Lark on the ShareASale Interface or otherwise (the “Maple and Lark Materials”), in each case solely for the limited purpose of promoting Maple and Lark Services to Prospective Customers in connection with your participation in the Maple and Lark Affiliate Program. You may use Maple and Lark Materials only as directed by Maple and Lark and in exactly the form provided to you by Maple and Lark . You must not take any action inconsistent with Maple and Lark ownership of the Maple and Lark Materials and any benefits accruing from use of Maple and Lark Materials will automatically vest in Maple and Lark All right, title and interest in and to the Maple and Lark Materials and all goodwill associated therewith will remain and vest with Maple and Lark . You may not use any of the Maple and Lark Materials as part of the domain or sub-domain for your website (e.g.,Maple and Lark .website.com or www.Maple and Lark -coupons.com).
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