AFFILIATE AGREEMENT
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
This is a legal agreement between you and Momentum Management Brands, LLC. (doing business as ScreamingO.com, Dynamo Delay, Love Buzz).
This Affiliate Marketing Program Agreement (the "Agreement") details the terms and conditions of your participation in the ScreamingO Marketing Program (the "Program"). By participating or clicking "I accept," you ("Affiliate" or "you" or "your") acknowledge that you have read, understood, and agree to these terms with Momentum Management Brands, LLC., based in California, USA. If you are acting on behalf of a legal entity, you warrant that you are authorized to bind that entity.
If you do not agree, do not participate in the Program.
By submitting the online application, you agree you have read and understood the terms and accept legal responsibility for all conditions herein.
1. Overview
This Agreement sets forth the complete terms for becoming an affiliate in ScreamingO's Affiliate Program, allowing HTML linking between your website and ScreamingO.com. Throughout this document, "we," "us," and "our" refer to ScreamingO, and "you," "your," and "yours" refer to the affiliate.
2. Affiliate Obligations
2.1. Enrollment
To enroll, you must sign up via Shareasale.com, Inc. ("Shareasale") and agree to their Affiliate Service Agreement, which is incorporated here.
Your application will be reviewed, and acceptance is at our sole discretion. We may reject your application if your site promotes:
- Sexually explicit material
- Violence
- Discrimination
- Illegal activities
- Infringements of intellectual property rights
- Use of domain names with variations of "ScreamingO," "Dynamo Delay," or "Love Buzz"
- Unlawful, harmful, threatening, obscene, harassing content
- Use of intercepting or redirecting technology
- Resembling our website or misleading customers about affiliation
- Containing malware or viruses
- Misleading about products/services on your site or ours
2.2. Affiliate Account Access
You will have access to an Affiliate Account Manager via Shareasale, where you can review program details, download HTML codes, banners, and tracking tools. Use provided HTML codes to ensure accurate tracking.
2.3. Site Compliance
We reserve the right to review your site and approve the use of links. You are responsible for maintaining and updating your site to comply with all laws and intellectual property rights.
3. ScreamingO's Rights and Obligations
- We may monitor your site to ensure compliance.
- We can terminate the agreement immediately if you commit fraud or abuse the program.
- The agreement begins upon acceptance and continues until terminated.
4. Termination
Either party may terminate this agreement at any time with written notice. Termination results in the cessation of your license and removal of all promotional materials.
5. Modification
We may modify the terms at any time, with notice via email. Continued participation indicates acceptance of changes. If unacceptable, you may end the agreement.
6. Payments
Payments are processed through Shareasale. Review their payment terms. We are responsible for authorizing commissions, but Shareasale fulfills payments.
7. Affiliate Account Interface
You will create a password to access Shareasale's secure portal for reports and tracking.
8. Promotion Restrictions
8.1. General Promotion
You can promote your own sites, but not in ways misleading or damaging to ScreamingO. Prohibited actions include "spamming," unsolicited emails, and misrepresentations.
8.2. PPC Guidelines
- Bidding on our trademarks or misspellings is prohibited.
- Bidding on variations that include our trademarks is forbidden.
- Direct linking from PPC ads to ScreamingO is not allowed; ads must lead to your site.
- No bid should appear higher than ScreamingO in search rankings.
- Excluding our trademarks as negative keywords is recommended.
- Violations can lead to immediate termination.
8.3. Lead Generation
Real, honest leads are permitted.
8.4. Deceptive Techniques
No pop-ups, pop-unders, parasiteware, or similar deceptive tactics are allowed during consumer click-throughs.
9. Coupon Guidelines
- Only advertise coupons provided through the Program or on ScreamingO's site.
- Display full offers, expiration, and codes.
- No discounts from non-affiliate sources.
- No deceptive practices implying clicking is required for ongoing offers.
10. Domain Names
Using ScreamingO trademarks in domain names or subdomains (e.g., screamingo.website.com) is strictly prohibited.
11. Advertising & Publicity
- Promotional materials are licensed for use on your website solely for linking to ScreamingO.
- You may not modify promotional materials without prior approval.
- You cannot promote to customers outside the U.S. unless legally permitted.
- All promotional messaging must comply with applicable laws, including CAN-SPAM.
12. Licenses & Proprietary Rights
- We grant a non-exclusive, revocable license to use our logos, trademarks, and promotional materials for linking purposes.
- All rights in our intellectual property remain ours.
- You shall not suggest sponsorship or endorsement beyond your participation.
- Use of trademarks must be approved in writing.
13. Intellectual Property
We retain all rights to our promotional materials and trademarks. No transfer of ownership occurs.
14. Reversal & Communication Policies
- We may reverse orders due to cancellations, returns, or violations.
- You must respond honestly and promptly to inquiries.
- Violations include dishonesty, unresponsiveness, or inability to validate traffic sources.
15. Relationship of Parties
You are an independent contractor, not an employee or partner.
16. Affiliate Commissions
- Commissions are earned on "Eligible Purchases" where customers click through your links and complete purchases.
- Rates are posted on Shareasale.
- We may adjust rates at our discretion.
- Shareasale handles payments.
17. Disclaimers
- We make no warranties regarding products or promotional materials.
- We are not liable for damages, errors, or interruptions.
- You rely on the agreement's terms, and our liability is limited to earned commissions.
18. Representations & Warranties
You warrant that you can legally bind yourself and have rights to the promotional content you use.
19. Limitations of Liability
We are not liable for indirect or consequential damages. Our total liability is limited to your earned commissions.
20. Indemnification
You agree to indemnify us against claims arising from your breach, misrepresentation, or content.
21. Confidentiality
Any non-public information is confidential and must not be disclosed without permission.
22. Termination of Agreement
Participation ends upon your or our termination. You must remove all links, codes, and references upon termination.
23. Modification of Terms
Changes may be made at our discretion; continued participation signifies acceptance.
24. Governing Law & Jurisdiction
This Agreement is governed by California law. Disputes are settled in Los Angeles County courts.
25. Social Media Promotion
- You may promote offers on personal social media pages.
- You cannot post affiliate links on ScreamingO's official pages.
26. Video & Streaming Content
Written approval is required before publishing ScreamingO product videos.
27. Operations Outside U.S.
You must comply with local laws when conducting international business.
28. FTC Disclosure Requirements
Disclose affiliate relationships clearly on all pages/posts with affiliate links, including if you received products for review.
29. Miscellaneous
- You are an independent contractor.
- If any provision is invalid, the rest remains effective.
- Assignment requires prior approval.
- No waiver of rights unless in writing.
- Entire agreement supersedes prior communications.
- In case of conflict, this agreement prevails over Shareasale's terms.
- Headings are for convenience only.
