Program Terms
MONEY METALS EXCHANGE AFFILIATE TERMS AND CONDITIONS
This advertising agreement ("agreement") contains the terms and conditions that govern your participation in the Money Metals Exchange Affiliate program (the "program"). "We," "us" or "our" means Money Metals Exchange or any of its affiliates and subsidiaries, as the case may be. "You" or "your" means the applicant. A "site" means a website. "Money Metals Site" means MoneyMetals.com, MoneyMetalsExchange.com, and IndependentLivingBullion.com website or any other site that is owned or operated by us or our affiliates. "Your site" means any site(s) and software application(s) that you own or operate and link to the Money Metals site.
BY CHECKING THE BOX OR CLICKING THE "ACCEPT" BUTTON, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS ADVERTISING AGREEMENT, OR BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE, OR REVISED ADVERTISING AGREEMENT ON THE MONEY METALS SITE, YOU (A) AGREE TO BE BOUND BY THIS AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS ADVERTISING AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS ADVERTISING AGREEMENT. IN ADDITION, IF THIS AGREEMENT IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS ADVERTISING AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS ADVERTISING AGREEMENT.
Enrollment
To begin the enrollment process, you must submit a complete and accurate program application. In your application, you must identify all web sites, social media channels, email list names, URLs, and/or domains where you intend to place our affiliate links. We will evaluate your application and notify you of its acceptance or rejection. We may reject your application if we determine that your web property is unsuitable. Unsuitable web properties include those that:
•contain information or content that is in no way relevant to precious metals
•are identified as Coupon/Loyalty properties and do not drive the majority of their traffic by way of primary link attribution, or otherwise acting as a “mid-checkout” process. These type sites are prohibited and may not participate in the Money Metals Exchange Affiliate Program. All applications that are received where which the primary content of the site is coupon-related, will not be approved;
•are identified as Browser Plugins, Browser Extensions, or any other similar technology that automatically injects your affiliate tracking link(tracking pixel) into a data stream with or without the user’s consent or knowledge;
•include any trademark of Money Metals Exchange or its affiliates or its partners, or a variant or misspelling of a trademark of Money Metals Exchange or its affiliates or its partners, in any domain name, subdomain name or in any username, group name or other identifier on any social networking site or otherwise violates intellectual property rights.
•promote or contain sexually explicit materials;
•promote violence or contain violent materials;
•promote or contain libelous or defamatory materials;
•promote or undertake illegal activities;
•are directed to children under the age of 13 years old, as defined by the Children's Online Privacy Protection Act (15 U.S.C. sections 6501-6506) and any regulations promulgated thereunder;
If we reject your application, you are welcome to reapply at any time. However, if we accept your application and later determine that your site is unsuitable, we may terminate this advertising agreement.You will ensure that the information in your program application and otherwise associated with your account, including your email address and other contact information and identification of your site, is at all times complete, accurate and up to date. We may send you notification (if any), approvals (if any) and other communications relating to the program and this agreement to the email address associated with your program account. You will be deemed to have received all notifications, approvals and other communications sent to that email address. It is your responsibility to keep that address current.
Links on Your Site
After you have been notified that you have been accepted into the program, you may display "links" on your site. Links are hyperlinks provided by Money Metals Exchange that will send a visitor to your site that clicks on the link to Money Metals sites via redirection. You may earn commissions only as described below and only with respect to activity on the Money Metals Exchange site occurring directly through Links. We will have no obligation to pay you commissions if you fail to properly format the Links on your site to Money Metals Exchange sites, including to the extent that such failure may result in any reduction of commission amounts that would otherwise be paid to you under this agreement.
You may earn a commission when any newly referred customer (defined as anyone who does not already have an existing account in our customer database) completes a qualified purchase with valid payment through the links provided to you by us that directs a referred customer to MoneyMetals.com. We will reject any commission for a sale that did not originate from the web site(s), social media channel(s), email list(s), URL(s), and/or domain(s) that were submitted with your affiliate application. Duplicate orders, or orders that originate from the same IP address will be voided.
Program Requirements
By participating in the Money Metals Exchange Affiliate Program, you agree that you will comply with the following requirements and restrictions:
•You will ensure that your site is not unsuitable (as described in the Enrollment section above);
•You will not use your affiliate tracking links for the purpose of self-referral. This refers to any account or transaction which our records indicate is owned by the affiliate, or is established by way of the affiliate’s own affiliate link.
•You will not bid on or attempt to rank for internet searches (paid, organic or otherwise) on our trademarks and variations thereof. This includes but is not limited to, “Money Metals Exchange”, “MoneyMetals Exchange”, “Money MetalsExchange”, “MoneyMetalsExchange”, “Money Metals”, MoneyMetals”, “MoneyMetalsExchange.com”, “MoneyMetals.com” or any variation or misspelling thereof.
•You will not display or otherwise use any Money Metals Exchange or its affiliates or its partners trademarks or logos except as solely permitted and in accordance with this agreement and the Trademark Guidelines expressed herein;
•You will not remove, obscure, alter, or make invisible, illegible or indecipherable to visitors of your site, any privacy information, or any Money Metals Exchange trademarks or logos that we include in the Link;
•You will not engage in any promotional, marketing or other advertising activities on behalf of Money Metals Exchange, or its affiliates, that are not expressly permitted under the advertising agreement;
•You will promptly remove from your site and delete or otherwise destroy any link that we notify you is no longer available for use;
•You will not intercept, record, redirect, read, interpret or fill in the content of an electronic form or other material submitted to us by any person or entity;
•You will not request, collect, obtain, store, cache or otherwise use any account information used by visitors to any Money Metals Exchange Site (including any usernames or passwords of Money Metals Exchange customers);
•You will not make any order or engage in any transaction of any kind on any Money Metals Exchange site on behalf of any other person or entity, or authorize, assist or encourage any other person or entity to do so;
•You will not take any action that could reasonably cause any customer confusion as to the relationship between you and Money Metals Exchange, or as to the site on which any functions or transactions – such as searches - are occurring;
•You will not include on your site, display or otherwise use program links in connection with any spyware, malware, virus, worm, trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device;
•You will not frame any Money Metals Exchange site, or any part of any Money Metals Exchange site, within your site;
•You will not try to circumvent the fee schedule or artificially increase your advertising fees;
•You will not attempt to intercept, slow down or redirect traffic from or on any Money Metals Exchange site or Money Metals Exchange affiliated site;
•You will not knowingly collect, use or disclose personal information from children under 13 years of age.
Responsibility for Your Site
You will be solely responsible for your site, including its development, operation and maintenance and all materials that appear on or within it. For example, you will be solely responsible for:
•the technical operation of your site and all related equipment;
•displaying links on your site in compliance with this agreement;
•creating and posting, and ensuring the accuracy, completeness, and appropriateness of, materials posted on your site;
•using the links and the materials on or within your site in a manner that does not infringe, violate or misappropriate any of our rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity or other intellectual property or proprietary rights)
•disclosing on your site accurately and adequately, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including where applicable, that third parties (including us and other advertisers) may serve content and advertisements, collect information directly from visitors, and place or recognize cookies on visitors' browsers; and
•any use that you make of the links and Money Metals Exchange trademarks, whether or not permitted under this agreement.
We will have no liability of these matters or for any of your end users' claims relating to these matters, and you agree to defend, indemnify and hold us, our affiliates and licensors, and our respective employees, officers, directors, and representatives, harmless from and against all claims, damages, losses, liabilities, costs and expenses (including attorney's fees) relating to (a) your site or any materials that appear on your site, including the combination of your site or those materials with other applications, content or processes; (b) the use, development, design, manufacture, production, advertising, promotion or marketing of your site or any materials that appear on or within your site, and all other matters described in this section; (c) your use of any link, whether or not such use is authorized by or violates this advertising agreement or applicable law; (d) your violation of any term or condition of this advertising agreement; or (e) your or your employees' negligence or willful misconduct.
Policies and Pricing
Customers who buy products through this program are our customers with respect to all activities they undertake in connection with the Money Metals Exchange site. Accordingly, as between you and us, all pricing, terms of sale, rules, policies and operating procedures regarding customer orders, customer service and product sales set forth on the Money Metals Exchange site will apply to those customers, and we may change them at any time.
Identifying Yourself as an Affiliate
You will not misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this agreement. You must, however, clearly state the following on your site: "[insert your name] is a participant in the Money Metals Exchange Affiliate Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to MoneyMetals.com."
Limited License
Subject to the terms of the advertising agreement and solely for the limited purpose of directing end users to the Money Metals Exchange site in connection with the program, we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to (a) copy and display the Link solely on your site; and (b) use only those of our trademarks and logos that we may make available to you.This license will immediately and automatically terminate if at any time you do not timely comply with any obligation under this advertising agreement, or otherwise upon termination of this advertising agreement. In addition, we may terminate this license in whole or in part upon written notice to you. You will promptly remove from your site and delete or otherwise destroy all of the Money Metals Exchange marks (defined below) with respect to which the license set forth in this section is terminated or as we may otherwise request from time to time.
Reservation of Rights
Other than the limited license expressly granted above, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to, and you do not, by virtue of this advertising agreement or otherwise, acquire any ownership interest or rights in or to the program, links, link formats, any domain name owned or operated by us or our affiliates, our or our affiliates trademarks and logos and any other intellectual property or technology that we provide or use in connection with the program (including any application program interfaces, software development kits, libraries, sample code and related materials).
Trademark Guidelines
These Trademark Guidelines ("Guidelines") apply to your use of our and our affiliates' trademarks and logos that we may make available to you from time to time (collectively, "Money Metals Exchange Mark(s)"). Strict compliance with these guidelines is required at all times, and any use of a Money Metals Exchange mark in violation of these guidelines will automatically terminate any license related to your use of the Money Metals Exchange marks.
•You may not use or display any Money Metals Exchange mark in any manner (i) that implies sponsorship or endorsement by us; (ii) to disparage us, our products, or our services; (iii) that may, as determined by us, diminish or otherwise damage our goodwill in any Money Metals Exchange mark; or (iv) other than as specifically authorized under this agreement.
•You may not alter or modify any Money Metals Exchange mark in any manner. You may display a Money Metals Exchange mark on in the exact format in which we provide it to you. No alternate representation or stylization is permitted. For example, you may not change the proportion, color or font of any Money Metals Exchange mark.
•You must include a statement on your site stating that Money Metals Exchange and the Money Metals Exchange logo are registered trademarks of Money Metals Exchange LLC.
•You acknowledge and agree that all rights in and to the Money Metals Exchange marks are our exclusive property, and any goodwill generated by your use of any Money Metals Exchange mark will inure to our exclusive benefit. You will not take any action that is in conflict with our rights in or ownership of any Money Metals Exchange mark.
•You are not allowed to use any Money Metals Exchange mark or a variant or misspelling of a trademark of Money Metals Exchange or its affiliates:
•In any domain name or subdomain name. For example, "moneymetals.yoursite.com", "buymoneymetals.com", "moneymetals.blogspot.com", "moneymetalsexchange.yoursite.com"
•In any username, group name or other identifier on any social networking site such as Facebook, Twitter or YouTube. For example, "Money Metals Exchange for you," "Money Metals seller," or "Money Metals Exchange fan"
•In any application name. For example, "Money Metals Exchange App"Price Per Click (PPC)
Bidding and SEO Policy
We do not allow bidding on our trademarks and variations thereof nor do we permit affiliates to attempt to rank for internet searches on our trademarks and variations thereof. This includes but is not limited to, “Money Metals Exchange”, “MoneyMetals Exchange”, “Money MetalsExchange”, “MoneyMetalsExchange”, “Money Metals”, MoneyMetals”, “MoneyMetalsExchange.com”, “MoneyMetals.com” or any variation or misspelling thereof. Any affiliate found to be ranking (or attempting to rank) on these words will be removed from the program, and all commissions will be voided.
Compliance with Laws
In connection with your participation in the program you will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you, including laws (federal, state or otherwise) that govern marketing email (e.g., the CAN-SPAM Act of 2003).
Term and Termination
The term of the advertising agreement will begin upon our acceptance of your program application and will end when terminated by either you or us. Either party may terminate this agreement at any time, with or without cause, by giving the party written notice of termination. Upon any termination this advertising agreement, any and all licenses you have been granted hereunder will automatically terminate and you will immediately stop using our links and Money Metals Exchange marks and promptly remove from your site and delete or otherwise destroy all links to Money Metals Exchange sites, all Money Metals Exchange marks and all links, and any other material provided or made available by or on behalf of us to you under this advertising agreement or otherwise in connection with the program. We may withhold accrued unpaid advertising fees for a reasonable amount of time following termination to ensure the correct amount is paid (e.g., to account for any cancelations or returns). No termination of this advertising agreement will relieve either party of any liability for any breach of, or liability accruing under this agreement prior to termination.
Modification
We may modify any of the terms and conditions contained in this agreement at any time and in our sole discretion by posting a change notice or revised agreement on the Money Metals Exchange Sites, or by sending notice of such modification to you by email to the email address associated with your program account. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS ADVERTISING AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE EFFECTIVE DATE OF ANY MODIFICATION WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
Relationship of the Parties
You are independent contractors, and nothing in this advertising agreement will create a partnership, joint venture, agency, franchise, sales representative or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates' behalf. You will not make any statement, whether on your site or otherwise, that contradicts or may contradict anything in this section.
Limitation on Liability
WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE OR DATA) ARISING IN CONNECTION WITH THIS ADVERTISING AGREEMENT, THE PROGRAM OR THE MONEY METALS EXCHANGE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS ADVERTISING AGREEMENT, THE PROGRAM AND THE MONEY METALS EXCHANGE SITE WILL NOT EXCEED THE TOTAL ADVERTISING FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED
Disclaimers
THE PROGRAM, MONEY METALS EXCHANGE SITE, ANY LINKS, LINK FORMATS, AND MONEY METALS EXCHANGE MARKS AND LOGOS AND ALL INFORMATION, CONTENT, MATERIALS, DATA, IMAGES, TEXT, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES PROVIDED OR USED BY ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE "SERVICE OFFERINGS") ARE PROVIDED "AS IS". NEITHER WE NOR OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USUAGE. WE MAY DISCONTINUE SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF YOUR SITE OR ANY DATA, IMAGES, TEXT OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAM, MONEY METALS EXCHANGE SITES, OR AFFILIATE PROGRAM SITES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS ADVERTISING AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (i) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (ii) ANY INVESTMENTS, EXPENDITURES OR COMMITMENTS BY YOU IN CONNECTION WITH THIS ADVERTISING AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM, OR (iii) ANY TERMINATION OF THIS ADVERTISING AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM.
Disputes and Arbitration
In the event of a dispute, you or Money Metals Exchange LLC must sent to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to Money Metals Exchange LLC, PO Box 2599 Eagle, ID 83616, USA, Attention: Affiliate Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and Money Metals Exchange LLC will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first. All claims and disputes that (1) are between you and Money Metals Exchange LLC or either's subsidiaries, parents, affiliates, officers, directors and/or employees, and (2) arise out of or relate to these terms and conditions or their subject matter, interpretation, performance or enforcement, or any other agreement, transaction or occurrence between you and Money Metals Exchange LLC (including without limitation any tort or statutory claim) ("Dispute") shall be arbitrated under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), in English In Boise, Idaho, before one neutral arbitrator who may be a national of any party and who shall be a member of the AAA's Large Complex Case Panel. All documents and information relevant to the claim or dispute in the possession of any party shall be made available to the other party not later than sixty (60) days after the demand for arbitration is served, and the arbitrator may permit such depositions or other discovery deemed necessary for a fair hearing. The arbitrator shall have the power to require discovery of third parties (including testimony and documents) to the fullest extent allowed by the laws of the State of Idaho. The hearing may not exceed two days. The award shall be rendered within 120 days of the demand. The arbitrator may award interim and final injunctive relief and other remedies, but may not award punitive, exemplary, treble, or other enhanced damages. To the fullest extent permitted by law, no arbitration under the agreement documents shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise. No time limit herein is jurisdictional. Any award of the arbitrator (including awards of interim or final remedies) may be confirmed or enforced in any court having jurisdiction. Notwithstanding the above, you or Money Metals Exchange LLC may bring court proceedings or claims against each other (i) solely as part of separate litigation commenced by an unrelated third party, or (ii) if not first sought from the arbitrator, solely to obtain in the state or federal courts in Boise, ID, temporary or preliminary injunctive relief or other interim remedies pending conclusion of the arbitration. In the case of contradiction between the provisions of this Section and the Commercial Arbitration Rules of AAA, this Section shall prevail. The limitations on remedies described above may be deemed inoperative to the extent necessary to preserve the enforceability of the agreement to arbitrate. If any provision of this agreement to arbitrate is held invalid or unenforceable, it shall be so held to the minimum extent required by law and all other provisions shall remain valid and enforceable.
Governing Law and Attorneys' Fees
These Terms shall be governed by the laws of the State of Idaho. Any disputes arising under or related to these Terms, or the Website shall be litigated or heard in the state or federal courts of Idaho, and you consent to the exclusive jurisdiction of such courts. Should you bring an action against us in another jurisdiction, and we prevail in removing such action to the proper venue, you agree to pay our reasonable attorneys’ fees, costs, and expenses.