Yosi Samra

Thank you for your interest in being an affiliate for YosiSamra.com. We look forward to working with you. The following affiliate agreement was created with you in mind, as well as to protect our company. If you have any questions, please don't hesitate to reach out. For quickest results please email us amber@amberthurman.comBest,The Yosi Samra Team AFFILIATE AGREEMENTPLEASE READ THE ENTIRE AGREEMENT AND PRINT THIS PAGE FOR YOUR RECORDS.THIS IS A LEGAL AGREEMENT BETWEEN YOU AND YOSI SAMRA, INC. (DBA YOSISAMRA.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. OverviewThis Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Yosi Samra's Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the Yosi Samra web site. Please note that throughout this Agreement, "we," "us," and "our" refer to Yosi Samra, and "you," "your," and "yours" refer to the affiliate.2. Affiliate Obligations2.1. To begin the enrollment process, you will complete and submit the online application at the ShareASale.com website. We review each application individually and we may reject your application at our discretion. We may cancel your agreement 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 age2.1.4. 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 "Yosi Samra" 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 YosiSamra.com or any other affiliated business.2.2. As a member, you have access to Affiliate Account Manager. Here you can review our Program’s details, all affiliate newsletters, download any HTML code (that provides for links to web pages within the YosiSamra.com web site), banner creatives, and tracking codes for our coupons and deals. You must use the HTML code that we provide for each banner, text link, or other affiliate link so that we can accurately track your guest visits.2.3. YosiSamra.com reserves the right, at any time, to review your placement and approve the use of your links and creative or require that you make updates in compliance with our guidelines.2.4. You are responsible for the maintenance and the updating of your site. We may monitor your site as necessary to make sure that it is up-to-date and request any changes that we see fit.2.5. You are responsible for following all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any copyrighted material (a writing, an image, or any other copyrightable work). We will not be responsible if you use another person's copyrighted material or other intellectual property in violation of the law.3. YosiSamra.com Rights and Obligations3.1. 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 or to make sure that your links to our web site are appropriate. 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 YosiSamra.com Affiliate Program.3.2. YosiSamra.com reserves the right to terminate this Agreement and your participation in the YosiSamra.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the YosiSamra.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, YosiSamra.com 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. TerminationEither 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, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.5. ModificationWe may modify any of the terms and conditions in this Agreement at any time. You will be notified by email. If any modification is unacceptable to you, your may end this Agreement. Your continued participation in YosiSamra.com’s Affiliate Program following the posting of the change notice or new Agreement will indicate your agreement to the changes.6. PaymentYosiSamra.com uses a third party to handle all of the tracking and payment. The third party is the ShareASale.com affiliate network. Please review the network’s payment terms and conditions.7. Access to Affiliate Account InterfaceYou 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 Restrictions8.1. You are free to promote your own web sites, but any promotion that mentions YosiSamra.com 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 YosiSamra.com. For example, advertising referred to as "spamming" is unacceptable 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 mail customers to promote YosiSamra.com only if 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 YosiSamra.com 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 YosiSamra.com. 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 YosiSamra.com 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 YosiSamra.com, Yosi Samra, www.yosisamra, YosiSamra.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 Merchant’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, 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).9. Grant of Licenses9.1. 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 YosiSamra.com 's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of YosiSamra.com and the good will associated therewith will inure to the sole benefit of YosiSamra.com.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. DisclaimerYOSISAMRA.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING YOSISAMRA.COM WEB SITE OR THE PRODUCTS PROVIDED THEREIN, ANY IMPLIED WARRANTIES YOSISAMRA 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 WarrantiesYou 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 LiabilityWE 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, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL YOSISAMRA.COM’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.13. IndemnificationYou hereby agree to indemnify and hold harmless YosiSamra.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, partners, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.14. ConfidentialityAll confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.15. Miscellaneous15.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and YosiSamra.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.15.3. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.15.4. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.15.5. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.15.6. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.15.7. No PPC Bidding allowed on Google, Yahoo, Bing or search engines. 15.8. Affiliates may only promote coupon or discount codes that have been explicitly issued to them by YosiSamra.com or distributed through the Awin platform. Promoting unauthorized, third-party sourced, or expired coupon codes — including on coupon aggregator sites — is a material breach of this Agreement and grounds for immediate termination and forfeiture of any pending commissions.