AFFILIATE AGREEMENT
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND FUNBOY, LLC. (DBA FUNBOY,
FUNBOY.com)
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE
READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND
THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND
CONDITION.
1. Overview
This Agreement contains the complete terms and conditions that apply to you
becoming an affiliate in FUNBOY’s Affiliate Program. The purpose of this Agreement
is to allow HTML linking between your web site and the FUNBOY.com web site.
Please note that throughout this Agreement, "we," "us," and "our" refer to FUNBOY, and
"you," "your," and "yours" refer to the affiliate.
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit the online
application at the ShareASale.com server. If approved, we reserve the right to re-
evaluate and cancel the relationship at a later time. We may reject your application at
our sole discretion. We may cancel your application if we determine that your site is
unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability,
sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any
copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes "Merchant" or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene,
harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission
from other affiliates in our program.
2.1.9. You may not create or design your website or any other website that you
operate, explicitly or implied in a manner which resembles our website nor design
your website in a manner which leads customers to believe you are FUNBOY or any
other affiliated business.
2.2. As a member of FUNBOY’s Affiliate Program, you will have access to Affiliate
Account Manager. Here you will be able to review our Program’s details and
previously-published affiliate newsletters, download HTML code (that provides for
links to web pages within the Merchant.com web site) and banner creatives, browse
and get tracking codes for our coupons and deals. In order for us to accurately keep
track of all guest visits from your site to ours, you must use the HTML code that we
provide for each banner, text link, or other affiliate link we provide you with.
2.3. FUNBOY reserves the right, at any time, to review your placement and approve the
use of Your Links and require that you change the placement or use to comply with
the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We may
monitor your site as we feel necessary to make sure that it is up-to-date and to notify
you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and
other laws that pertain to your site. You must have express permission to use any
person's copyrighted material, whether it be a writing, an image, or any other
copyrightable work. We will not be responsible (and you will be solely responsible) if
you use another person's copyrighted material or other intellectual property in
violation of the law or any third party rights.
3. FUNBOY Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are
following the terms and conditions of this Agreement. We may notify you of any
changes to your site that we feel should be made, or to make sure that your links to
our web site are appropriate and to notify further you of any changes that we feel
should be made. If you do not make the changes to your site that we feel are
necessary, we reserve the right to terminate your participation in the Merchant.com
Affiliate Program.
3.2. FUNBOY reserves the right to terminate this Agreement and your participation in
the FUNBOY Affiliate Program immediately and without notice to you should you
commit fraud in your use of the FUNBOY Affiliate Program or should you abuse this
program in any way. If such fraud or abuse is detected, FUNBOY shall not be liable to
you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and
will continue unless terminated hereunder.
4. Termination
Either you or we may end this Agreement AT ANY TIME, with or without cause, by
giving the other party written notice. Written notice can be in the form of mail or email.
In addition, this Agreement will terminate immediately upon any breach of this
Agreement by you.
5. Modification
We may modify any of the terms and conditions in this Agreement at any time at our
sole discretion. In such an event, you will be notified by email. Modifications may
include, but are not limited to, changes in the payment procedures and FUNBOY’s
Affiliate Program rules. If any modification is unacceptable to you, your only option is
to end this Agreement. Your continued participation in FUNBOY’s Affiliate Program
following the posting of the change notice or new Agreement on our site will indicate
your agreement to the changes.
6. Payment
FUNBOY uses a third party to handle all of the tracking and payment. The third party is
the ShareASale.com affiliate network. Kindly review the network’s payment terms and
conditions.
7. Access to Affiliate Account Interface
You will create a password so that you may enter ShareASale’s secure affiliate
account interface. From their site you will be able to receive your reports that will
describe our calculation of the commissions due to you.
8. Promotion Restrictions
8.1. You are free to promote your own web sites, but naturally any promotion that
mentions FUNBOY could be perceived by the public or the press as a joint effort. You
should know that certain forms of advertising are always prohibited by FUNBOY. For
example, advertising commonly referred to as "spamming" is unacceptable to us and
could cause damage to our name. Other generally prohibited forms of advertising
include the use of unsolicited commercial email (UCE), postings to non-commercial
newsgroups and cross-posting to multiple newsgroups at once. In addition, you may
not advertise in any way that effectively conceals or misrepresents your identity, your
domain name, or your return email address. You may use mailings to customers to
promote FUNBOY so long as the recipient is already a customer or subscriber of your
services or web site, and recipients have the option to remove themselves from future
mailings. Also, you may post to newsgroups to promote FUNBOY so long as the news
group specifically welcomes commercial messages. At all times, you must clearly
represent yourself and your web sites as independent from FUNBOY. If it comes to
our attention that you are spamming, we will consider that cause for immediate
termination of this Agreement and your participation in the FUNBOY Affiliate Program.
Any pending balances owed to you will not be paid if your account is terminated due
to such unacceptable advertising or solicitation.
8.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click
campaigns on keywords such as FUNBOY, www.FUNBOY.com and/or any
misspellings or similar alterations of these – be it separately or in combination with
other keywords – and do not direct the traffic from such campaigns to their own
website prior to re-directing it to ours, will be considered trademark violators, and will
be banned from FUNBOY’s Affiliate Program. We reserve the right to expel any
trademark violator from our affiliate program without prior notice, and on the first
occurrence of such PPC bidding behavior.
8.3. Affiliates are not prohibited from keying in prospect’s information into the lead
form as long as the prospects’ information is real and true, and these are valid leads
(i.e. sincerely interested in Merchant’s service).
8.4. Affiliate shall not transmit any so-called “interstitials,”
“Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance
Application,” “Toolbar Installations and/or Add-ons,” “Shopping
Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from
the time the consumer clicks on a qualifying link until such time
as the consumer has fully exited FUNBOY’s site (i.e., no page from
our site or any funboy.com content or branding is visible on the
end-user’s screen). As used herein a. “Parasiteware™” and
“Parasitic Marketing” shall mean an application that (a) through
accidental or direct intent causes the overwriting of affiliate and
non affiliate commission tracking cookies through any other means
than a customer initiated click on a qualifying link on a web page
or email; (b) intercepts searches to redirect traffic through an
installed software, thereby causing, pop ups, commission tracking
cookies to be put in place or other commission tracking cookies to
be overwritten where a user would under normal circumstances have
arrived at the same destination through the results given by the
search (search engines being, but not limited to, Google, MSN,
Yahoo, Overture, AltaVista, Hotbot and similar search or directory
engines); (c) set commission tracking cookies through loading of
Merchant site in IFrames, hidden links and automatic pop ups that
open FUNBOY’s site; (d) targets text on web sites, other than those
web sites 100% owned by the application owner, for the purpose of
contextual marketing; (e) removes, replaces or blocks the
visibility of Affiliate banners with any other banners, other than
those that are on web sites 100% owned by the owner of the
application.
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access
our site through HTML links solely in accordance with the terms of this Agreement
and (ii) solely in connection with such links, to use our logos, trade names,
trademarks, and similar identifying material (collectively, the "Licensed Materials")
that we provide to you or authorize for such purpose. You are only entitled to use the
Licensed Materials to the extent that you are a member in good standing of FUNBOY’s
Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf
of FUNBOY and the goodwill associated therewith will insure to the sole benefit of
FUNBOY.
9.2. Each party agrees not to use the other's proprietary materials in any manner that
is disparaging, misleading, obscene or that otherwise portrays the party in a negative
light. Each party reserves all of its respective rights in the proprietary materials
covered by this license. Other than the license granted in this Agreement, each party
retains all right, title, and interest to its respective rights and no right, title, or interest
is transferred to the other.
10. Disclaimer
FUNBOY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES
REGARDING FUNBOY SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES
PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF FUNBOY ABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED
AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE
OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL
NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
11. Representations and Warranties
You represent and warrant that:
11.1. This Agreement has been duly and validly executed and delivered by you and
constitutes your legal, valid, and binding obligation, enforceable against you in
accordance with its terms;
11.2. You have the full right, power, and authority to enter into and be bound by the
terms and conditions of this Agreement and to perform your obligations under this
Agreement, without the approval or consent of any other party;
11.3. You have sufficient right, title, and interest in and to the rights granted to us in
this Agreement.
12. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF
THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY
OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT,
