AFFILIATE PROGRAM AGREEMENT
Please carefully review the entire agreement and consider printing this page for your records. This constitutes a legal agreement between you and Fabricated Software, Inc.
Before joining or promoting our affiliate program, take the time to read and understand the terms and conditions outlined in this agreement. The language used is deliberately straightforward, avoiding legal jargon for clear comprehension by affiliates. It is the responsibility of each Affiliate to ensure that their employees, agents, and contractors comply with these terms. By submitting the online application to join our Affiliate Program, you acknowledge that you have read, understood, and agree to be legally responsible for every term and condition. Definitions in these terms and conditions include: (i) "We," "us," or "our," referring to Fabricated Software, Inc. and our website; (ii) "you" or "your," referring to the Affiliate; (iii) "our website," referring to the Merchant website at www.fabsoft.com; (iv) "your website," referring to any websites you link to our website; and (v) "Program," referring to the Merchant Affiliate Program.
AFFILIATE OBLIGATIONS
ENROLLMENT
To initiate the enrollment process, you must complete and submit the online application. Once we receive your application, we will assess your website and inform you of your acceptance or rejection into our Program. Please allow up to 48 hours for your application to be reviewed. Auto-approval of applications does not guarantee exemption from re-evaluation at a later time. While we retain the right to reject any application, we encourage you to reach out if you believe a decision was made in error. Providing details of all websites in your profile aids in making an informed decision.
WEBSITE RESTRICTIONS
Your participating website(s) must not:
- Infringe on our or anyone else's intellectual property, publicity, privacy, or other rights.
- Violate any law, rule, or regulation.
- Contain threatening, harassing, defamatory, obscene, harmful to minors, or sexually explicit content.
- Include viruses, Trojan horses, worms, time bombs, cancelbots, or other harmful computer programming routines.
- Feature software or technology attempting to intercept, divert, or redirect Internet traffic or affiliate commissions.
LINKING TO OUR WEBSITE
Upon acceptance into the Program, you'll gain access to links through the interface, including details, affiliate newsletters, HTML code for web page links, banner creatives, and tracking codes for coupons and deals. By accepting our program, you agree to:
- Use the provided linking code for banners, text links, or other affiliate links without manipulation.
- Allow us to review your placement and approve the use of Your Links, with possible requirements for changes.
- List all domains using your affiliate link in your profile.
- Ensure your website does not copy, resemble, or mirror our Website, and refrain from creating the impression that your Website is part of ours.
- Avoid engaging in cookie stuffing, pop-ups, false or misleading links, or masking the referring URL information.
- Prohibit redirects (cloaking) to hide or manipulate the original source of links.
- Take responsibility for maintaining and updating your site, with our right to monitor and notify you of necessary changes.
- Follow all applicable intellectual property and other laws related to your site.
- Refrain from displaying or referencing third-party seller trademarks or logos without an independent license.
- Use data, images, text, or other information obtained from us in a lawful manner and in accordance with this Agreement.
- Acknowledge our ownership of licensed materials, agree to use them in accordance with this Agreement, and assist in recording this Agreement with appropriate government authorities if requested. You acknowledge that this Agreement does not grant you any right, title, or interest in the licensed materials beyond the right to use them as outlined in this Agreement.
PPC GUIDELINES
- Avoid bidding on any of our trademarked terms (listed below) or their variations for search or content-based campaigns on platforms like Google, Bing, MSN, Yahoo, Facebook, or any other network without prior written permission from us.
- Refrain from using our trademarked terms, including variations or misspellings, in conjunction with any other keyword (e.g., 'Fabsoft Coupons', 'Fabsoft Discount Codes') as mentioned in #1.
- Do not incorporate our trademarked terms in your ad title, ad copy, display name, or display URL.
- Do not direct link to our website from any Pay Per Click (PPC) ad or use redirects that yield the same result; customers should be directed to an actual page on your website.
- Avoid bidding in a way that appears higher than us for any search term in positions 1-5 in any auction-style pay-per-click advertising program.
- If you automate PPC campaigns, exclude our trademarked terms and consider adding them as negative keywords. We strictly prohibit PPC trademark bidding. Violations will result in an email requiring the removal of ads within 24 hours. Failure to comply will lead to permanent removal from the program, with associated commissions reversed.
TRADEMARKED TERMS
The following terms are trademarked and should not be considered an exhaustive list:
Fabsoft, Fabsoft.com, www.Fabsoft.com, Fabsoft coupon, Fabsoft coupon code, Fabsoft discount, Fabsoft discount code, Fabsoft promo, Fabsoft promo code, Fabsoft sale, Fabsoft sales, Fabsoft deal, Fabsoft deals
COUPON GUIDELINES
If you promote coupon codes through our Program, adhere to the following guidelines:
- Advertise only coupon codes provided through the affiliate program.
- Avoid providing information on circumventing coupon/promotion requirements (e.g., first-time customers only).
- Display coupons entirely with the full offer, valid expiration date, and code.
- Do not use technology to cover up coupon codes; reveal codes to generate affiliate clicks.
- Do not advertise coupon codes from non-affiliate sources, customer emails, paid search, or other campaigns.
- Avoid creating the impression that ongoing offers require clicking from your website to redeem.
- If your website ranks prominently for relevant terms combined with words like coupon, coupons, coupon code, promo code, and your conversion rate exceeds 25%, you may receive a lower commission.
COUPON ATTRIBUTION & AUTHENTICATION
Affiliates primarily focused on posting coupons, considered coupon sites, or tagged as coupon affiliates may not receive commissions for sales without valid coupon codes. Valid codes are those available to the affiliate channel through newsletters, the affiliate interface, or directly to affiliates. Invalid codes (fake, expired, not specific) will not earn commissions.
SUB-AFFILIATE NETWORKS
While promoting us through sub-affiliate networks is allowed, transparency is crucial regarding the origin of traffic from your sub-affiliates. Sub-affiliate networks must ensure that their sub-affiliates adhere to our terms, including restrictions on toolbars, browser extensions, and paid placements like pay-per-click campaigns. Approval is necessary before permitting any coupon sub-affiliate to promote the Program. Non-compliance with sub-affiliate network terms may result in loss or reduction of commission from non-compliant sub-affiliates.
DOMAIN NAMES
Using our trademarked terms as part of your website's domain or sub-domain is strictly prohibited.
OK: www. Fabsoft.com/merchant
Not OK: Fabsoft.website.com | www. Fabsoft-coupons.com
ADVERTISING & PUBLICITY
No written material referencing our Program should be created, published, distributed, or printed without prior written consent. If promoting via e-mail campaigns, adhere to the CAN-SPAM Act and submit e-mails for approval. Your emails must comply with the act and imply they are sent on your behalf, not on behalf of us.
SOCIAL MEDIA
- Promotion on social media platforms is allowed with these guidelines:
- Promote offers to your lists, but avoid posting affiliate links on our official accounts or pages.
- Do not run Facebook ads using our trademarked company name.
- Prohibit creating social media accounts with our trademark/s in the page name and/or username.
OPERATIONS OUTSIDE UNITED STATES
Conduct business in accordance with the laws of countries you serve. Adhere to the EU's Privacy and Electronic Communications Directive and GDPR if operating in or taking orders from EU countries.
FTC DISCLOSURE REQUIREMENTS
Include a disclosure statement in pages, blog/posts, or social media posts featuring affiliate links for our program. Clearly state that you're compensated for endorsements or reviews. Disclosures must be prominent, above the fold, and not require scrolling. Pop-up disclosures are not allowed. Follow FTC guidelines for disclosures, available at FTC's "Dot Com Disclosures" Guidelines and FTC's Endorsement Guidelines.
MERCHANT RIGHTS AND OBLIGATIONS
We retain the right to monitor your site at any time to ensure compliance with the terms of this Agreement. We may advise you of necessary site changes, particularly in relation to the appropriateness of links to our website. Failure to make requested changes may lead to termination of your participation in the Program.
Termination may occur immediately and without notice if fraud or abuse of the program is detected. In such cases, we are not liable for commissions on fraudulent sales. This Agreement commences upon acceptance of your Affiliate application and continues unless terminated as outlined below.
TERMINATION
- Either party can terminate this Agreement at any time, with or without cause, using the affiliate platform's functionality. Termination occurs immediately upon any breach of this Agreement by you.
- Upon termination, you must cease using and remove all links, trademarks, logos, and materials provided by us from your site.
- Eligibility for commissions is limited to sales of qualifying products during the term. Commissions earned through termination remain payable if related orders are not canceled or returned, with the final payment subject to reasonable withholding for accuracy.
MODIFICATION
We reserve the right to modify terms and conditions at our discretion, with notice sent via email. Modifications may cover payment procedures and Program rules. If unacceptable, your only recourse is to terminate the Agreement. Continued participation post-change notice indicates agreement to modifications.
OUR CUSTOMERS
Customers using the Program Affiliate Link are considered our customers, subject to our standard policies and operating procedures. We retain the right to change policies and procedures, with product prices and availability subject to variation.
ORDER PROCESSING
- Only items purchased through the Program Affiliate Link qualify as 'direct sales,' with adjustments for unshipped, canceled, returned, charged back, or refunded items.
- We may exclude items from commissions if deemed necessary to prevent Program abuse or reject non-compliant orders.
- Order processing and customer service are our responsibilities. Sales tracking is available to you through your affiliate interface, providing a statement of activity.
PAYMENT
You will receive compensation according to the payment terms outlined by Fabricated Software, Inc. specifying payment methods, frequency, and related considerations.
ACCESS TO AFFILIATE ACCOUNT INTERFACE
Upon creating a password, you gain access to your secure affiliate account interface. Through this interface, you can access reports detailing our commission calculations for you.
TRANSACTION LOCK DATES
Sales will remain in a 'sales pending period' until the terms specified within the locking period parameters are met. Locked payments will be processed by us after the lock date.
REVERSAL & COMMUNICATION POLICY
While we maintain a low reversal rate through open communication, we reserve the right to reverse orders due to cancellations, duplicate tracking, returns, disputed charges, or program violations. Responding honestly and promptly to requests for clarification is crucial. Failure to do so may result in order reversals, a commission reduction to 0%, program suspension, or termination.
GRANT OF LICENSES
- You are granted a non-exclusive, non-transferable, revocable right to access our site through HTML links and use our logos, trade names, trademarks, and similar identifying material (Licensed Materials) solely as outlined in this Agreement.
- Usage of Licensed Materials is limited to your membership in the Program, with the associated good will benefiting us.
- Both parties agree not to use the other's proprietary materials in any disparaging, misleading, or obscene manner. Each party retains all rights to its respective materials.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
- This Agreement has been duly and validly executed and constitutes a legal, valid, and binding obligation.
- You have the full right, power, and authority to enter into and be bound by this Agreement.
- You have sufficient right, title, and interest in the granted rights.
DISCLAIMER
Fabricated Software, Inc. disclaims any express or implied representations or warranties regarding the Program, service, website, or provided products/services. Implied warranties of ability, fitness for a particular purpose, and non-infringement are expressly disclaimed. The operation of the site is not guaranteed to be uninterrupted or error-free.
LIMITATIONS OF LIABILITY
Fabricated Software, Inc. will not be liable to you for any indirect, incidental, consequential, special, or exemplary damages under any legal theory, even if advised of the possibility. Additionally, Fabricated Software, Inc.'s cumulative liability under this Agreement will not exceed the total commission fees paid to you.
INDEMNIFICATION
You agree to indemnify and hold harmless Fabricated Software, Inc., its subsidiaries, affiliates, directors, officers, employees, agents, shareholders, partners, members, and other owners against any claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising from (i) any claim that our use of affiliate trademarks infringes on third-party rights, (ii) misrepresentation or breach of covenant by you, or (iii) any claim related to your site.
CONFIDENTIALITY
Any confidential information disclosed during negotiation or the effective term marked "Confidential" shall remain the property of the disclosing party. Both parties will keep such information confidential and not use or disclose it without written permission from the disclosing party.
MISCELLANEOUS
- You are an independent contractor, and this Agreement does not create a partnership, joint venture, agency, franchise, or employment relationship.
- Neither party may assign rights or obligations without written consent.
- Governed by the laws of the United States and the State of New York.
- Amendments or waivers require written and signed consent from both parties.
- This Agreement is the entire agreement, superseding all prior agreements.
- Headings are for convenience and do not affect the terms.
- Invalid provisions will be eliminated to fulfill the parties' intent.
- Failure to enforce a provision doesn't waive the right to enforce it later.
INDEPENDENT INVESTIGATION
By joining the program, you acknowledge reading and agreeing to all terms. You understand that others may join under different terms. Your participation is based on your independent evaluation, not relying on any representation, guarantee, or statement other than what's in this Agreement.
