AFFILIATE PROGRAM ADVERTISING AND PROMOTIONAL GUIDELINESBy participating in the Program, you agree to abide by the terms of these Advertising and Promotional Guidelines, including, but not limited to the following obligations. Any violation of this Section shall be deemed a material breach of this Agreement.1. Marketing Materials. You may only use the creative assets, logos, and/or other advertisements promoting SWOLY that we provided to you. You may not modify the Advertisements without SWOLY's prior written consent. Affiliates that create or generate their own creative materials in an effort to promote SWOLY through the Affiliate Program must get our written approval of all such materials prior to publishing. We are happy to resize creative assets or provide customized creative materials to promote SWOLY if requested.2. Representation. Affiliates shall not: (a) make any representations, either express or implied, or create an appearance that a visitor to your Site is visiting the SWOLY Site (e.g., "framing" the SWOLY Site); or (b) use any mark, name, or domain name of any type which is confusingly similar to "getswoly.com" or other SWOLY trademarks. Affiliate shall not use or otherwise incorporate the word SWOLY or variations thereof in the domain name(s) of your website(s). (c) Unless SWOLY provides prior written consent, do not refer to yourself as a Partner or that you’ve “partnered with SWOLY.” Instead, you may identify as a “SWOLY Marketing Affiliate”, “Marketing Affiliate”, or “Affiliate”.3. Advertising. (a) If you’re running ads in order to promote SWOLY, you need to direct the ad to your own website. Direct linking and forced redirects to SWOLY are prohibited when performing paid advertising. Affiliate shall not solicit or target users who access the SWOLY Site from your Site with any promotions or offerings of goods or services that compete with the goods or services that we offer. (b) The Advertisements may not: mislead others; use promotional means that contain objectionable content, including, but not limited to, content that is misleading, libelous, defamatory, obscene, violent, bigoted, hate-oriented, illegal, and/or promoting illegal goods, services, or activities; engage in and/or facilitate spamming, indiscriminate advertising, or unsolicited commercial email; and/or infringe on any third party's proprietary rights. (c) You will not purchase ads that could be considered as competing with SWOLY’s own advertising, including, but not limited to, our branded keywords. Bidding on the following trademark or branded keywords (SWOLY, SWOLY Supplements, getswoly.com, GetSWOLY, SWOLY Creatine Gummies, Creatine Gummies, and/or SWOLY Creatine Mono Gummies) or any variations, adaptations or misspellings is prohibited. This includes any trademarked keyword in combination with any other words or symbols. Bidding on "SWOLY Coupon(s)" or any match type is prohibited. (d) The Advertisements may not be used in any manner that might imply that any goods, services, websites, publications, or other materials that do not originate from SWOLY are sponsored, endorsed, licensed by, or affiliated with SWOLY.4. Linking to SWOLY. Affiliates that use link shorteners must have their link shortening method approved by SWOLY before use. The following link-shortening services are approved: (a) Bitly (b) Goo.gl (c) T.co (d) TinyURL. Beyond link shortening, any type of link cloaking is prohibited. Each link connecting users of your Site to the SWOLY Site shall not alter the look, feel, or functionality of the SWOLY Site.5. Site Usage. Affiliates are prohibited from using SWOLY's property to direct traffic to websites, including, but not limited to our websites and social media accounts, Facebook page names, Facebook advertising campaigns, and Twitter accounts which the affiliate owns or where the affiliate has placed affiliate links back to SWOLY. Posting of order-level coupons by affiliates is prohibited without prior written consent from SWOLY.6. Spam and Electronic Messages. Any and all electronic messages initiated or sent by Affiliate or on Affiliate's behalf must identify Affiliate as the sender and may not suggest, imply, mislead, or be likely to mislead a recipient into believing that a SWOLY site is the sender or sponsor of, or has induced Affiliate to send, such electronic messages. Affiliate shall not use a return address, subject heading, header information, or message contents that misleads or confuses or is likely to mislead or confuse a recipient that SWOLY is the sender. Affiliate shall not send spammy electronic mail messages as defined in the new Federal spam law, the CAN-SPAM Act of 2003, and similar county specific acts (collectively, the "Acts"), with respect to SWOLY's Affiliate Program. For clarification, this does not prohibit Publisher from sending transactional or relationship messages. 7. Non-Exclusive Consent to Use SWOLY Logos and Trademarks. Solely for purposes of this Agreement, SWOLY hereby grants to Affiliate, and Affiliate hereby accepts, a non-exclusive, revocable right to use SWOLY's name and logo in connection with the display of advertising content on Affiliate's Site. You agree that all intellectual property rights created in conjunction with the Program are owned exclusively by SWOLY in perpetuity and such ownership will survive the expiration or termination of this Agreement. You represent and warrant to SWOLY and the Network(s) that you will not contribute any content that: (a) infringes, violates, or otherwise interferes with any intellectual property right of another party; (b) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive, or otherwise violates any law or right of any third party; or (c) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information. You are solely responsible for any content that you submit. 8. Non-Exclusive Limited License and Use of Your Logos and Trademarks. You grant SWOLY a non-exclusive, non-transferable, revocable right to use and display your logos, trade names, trademarks, service marks, and similar identifying material, solely for the purposes contemplated under this Agreement, including allowing SWOLY to list your name and trademark as an Affiliate in the Program on the SWOLY Site.
