Energy Muse (hereinafter referred to as “The Company”) Affiliate AgreementThis Agreement contains the complete terms and conditions that apply to your participation as an affiliate in the Affiliate Program of The Company, and the establishment of links from your affiliate website to our website https://www.energymuse.com.DefinitionsCustomer: The user sent to The Company site via affiliate linkAffiliate / You: The publisher advertising links/promotions of The Company1. Enrollment in the Affiliate Program First, you need to submit a complete Affiliate Program Application. We will evaluate your application and will notify you of your acceptance or rejection in 1 to 2 business days. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Affiliate Program for any reason. If we reject your application, you are welcome to reapply to the Affiliate Program at any time.2. Prohibited Sites/Verbiage- Sites that promote sexually explicit material or violence.- Sites that promote discrimination based on race, sex, religion, national origin, or physical disability.- Sites that promote illegal activities.- Sites or verbiage making medical claims in regards to our products/services (ie. the curing or recession of an ailment)3. Promotion of Our Affiliate RelationshipAs an Affiliate Site, we will make available to you Links (each of these links sometimes being referred to herein as "Links" or, individually, as a "Link") and banners, which, subject to the terms and conditions hereof, you may display as often and in as many areas on your site as you desire. The Links will serve to identify your site as a member of our Affiliate Network and will establish a link from your site to ours.4. PPC Bidding RulesPublishers are prohibited to bid on the following:* Branded/trademarked termsPublishers are allowed to bid on the followings* Trademark plus termsYou may bid on the branded/trademarked terms of Energy Muse competitors, as well as link directly to https://www.energymuse.com from a Paid Search Ad or Display A.Affiliates are prohibited from bidding on the following trademarks, domain names and or variations of them:Affiliates WILL NOT use trademarks, logos, or the Energy Muse company name on ANY paid search engines for the purposes of paid per click advertising. These terms include our trademark or any variation, including but not limited to, Energy Muse, Energy Muse Jewelry, Energy Muse Necklaces, Energy Muse Bracelets, Energy Muse Products. 5. Our ResponsibilitiesWe will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. We will be solely responsible for processing every order placed by a customer following a special Link from your site, for tracking the volume and amount of sales generated by your site, and for providing information to Affiliate Sites regarding sales statistics. We will be responsible for order entry, payment processing, shipping, cancellations, returns, and related customer service.6. Other Responsibilities and Opportunities of Affiliate SitesIf you qualify and agree to participate as an Affiliate Site, you shall display Links prominently throughout your site as you see fit and with our consent.Contests and Promotions:- As an Affiliate Site, you will be entitled to participate and promote on your site any sweepstakes, contests, and special promotions we may offer. In addition, you will be entitled to earn commissions as set forth. - Only offers and promotional tools provided explicitly by The Company for use on an affiliate site are valid.- The unauthorized use of promotional offers taken from another website is strictly forbidden and may result in the termination of this agreement.Compliance with the Agreement:• We have the right in our sole discretion to monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.• We will monitor for FTC compliance to ensure disclosures are adequately added7. Your ResponsibilitiesYou are solely responsible for ensuring that reviews, descriptions, and articles on your site comply with applicable copyright, FTC disclosure and other laws. You must have express permission to use another party’s copyrighted or other proprietary material. We are not responsible for violations.8. Policies and PricingCustomers who buy The Company’s products through the Affiliate Program will be deemed to be customers of The Company. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for our products sold under the Affiliate Program in accordance with our own pricing policies. Our prices and product availability may vary from time to time. Because price changes may affect products that you already have listed on your site, you should update pricing often or not include price information in your product descriptions.Customers sent to The Company must be the end user of the product/service. If Affiliate is placing an order on behalf of the customer, approval of this promotional method must be explicitly provided by The Company.9. Licenses and Use of the The Company’s logos and Trademarks- WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS OUR SITE THROUGH THE LINKS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS AND UNDER THE CONDITIONS PROVIDED FOR HEREIN, TO USE OUR LOGOS, TRADE NAMES, TRADEMARKS, AND SIMILAR IDENTIFYING MATERIAL RELATING TO US (COLLECTIVELY, THE "LICENSED MATERIALS"), FOR THE SOLE PURPOSE OF SELLING PRODUCTS ON YOUR SITE FOR THE COMPANY. YOU MAY NOT ALTER, MODIFY, OR CHANGE THE LICENSED MATERIALS IN ANY WAY WITHOUT WRITTEN PERMISSION. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS WHILE YOU ARE A MEMBER IN GOOD STANDING OF THE AFFILIATES PROGRAM.- You shall not make any specific use of any Licensed Materials for purposes other than selling products on your site for The Company, without first submitting a sample of such to us and obtaining the prior written consent of The Company’s Affiliate Program Manager, which shall not be unreasonably withheld. We reserve all of our rights in the Licensed Materials and of our other proprietary rights. We may revoke your license at any time, by giving you written notice.10. Promotion through Google Shopping / Product Listing Ads are not allowed unless express permission is provided.
