Epicured.com Affiliate Program Agreement
This Affiliate Program Agreement (the "Agreement") contains the complete terms and conditions between Epicured.com ("we," "us," or "our") and you ("Affiliate," "you," or "your") regarding your participation in the Epicured.com Affiliate Program (the "Program").
1. Enrollment in the Program
To begin the enrollment process, you must submit a completed Program application through our affiliate platform. We will evaluate your application and notify you of your acceptance or rejection. We may reject your application if we determine, at our sole discretion, that your site is unsuitable for the Program.
2. Restrictions and Regulations
The following activities are prohibited within the Program:
Use of Misleading Links: Affiliates must not use misleading links or engage in any form of misleading advertising that misrepresents the products or services offered by Epicured.com.
Spamming: Affiliates must not engage in any form of spamming, including unsolicited commercial email, posting in chat rooms, or on social media groups or forums.
Cookie Stuffing: Affiliates must not use cookie stuffing techniques that set tracking cookies without the user’s knowledge or consent.
Adware/Malware: Affiliates must not use adware, spyware, malware, or any other similar software to promote Epicured.com.
Unauthorized Discount Codes: Affiliates must not promote unauthorized discount codes or link to any non-official Epicured.com websites for coupon codes.
Trademark Bidding: Affiliates must not bid on any of our trademarked terms or any variations or misspellings thereof in any pay-per-click advertising.
False Claims: Affiliates must not make false claims or misrepresent the products or services provided by Epicured.com.
Inappropriate Content: Affiliates must not display any content that is offensive, abusive, defamatory, hateful, discriminatory, obscene, or in violation of any law.
3. Compliance with Laws
Affiliates must comply with all applicable laws, regulations, and guidelines, including but not limited to the Federal Trade Commission (FTC) guidelines on endorsements and testimonials, and the ShareASale Terms of Use.
4. Term and Termination
This Agreement will begin upon our acceptance of your Program application and will continue unless terminated hereunder. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.
5. Limitation of Liability
We will not be liable for any indirect, special, or consequential damages, or any loss of revenue, profits, or data arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
6. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
7. Modifications to the Agreement
We may modify any of the terms and conditions contained in this Agreement at any time at our sole discretion. You will be notified by email and a change notice will be posted on our affiliate platform. Modifications may include, but are not limited to, changes in the payment procedures and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following the posting of a change notice or new Agreement on our site will constitute binding acceptance of the change.
8. Miscellaneous
You represent and warrant that you are legally able to enter into this Agreement. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
9. Independent Investigation
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
By participating in the Epicured.com Affiliate Program, you agree to abide by the terms and conditions of this Agreement.
