AliveCor

AliveCor

Program Terms

AliveCor Affiliate Terms & Conditions

 

Please read these Affiliate Terms and Conditions carefully, as they govern your participation in AliveCor’s (“AliveCor”, “we” or “us”) Affiliate Marketing Program (the “Program”).

 

BY COMPLETING AND SUBMITTING YOUR APPLICATION AND CLICKING THE “I ACCEPT” BUTTON, YOU (“AFFILIATE” OR “YOU”) ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS (THE “TERMS”). If you are not eligible to participate in the Program, or if you do not agree to these Terms, then you do not have our permission to participate in the Program. You are responsible for assuring that your employees, agents and contractors comply with these Terms.

ENROLLMENT
To begin the enrollment process for the Program, you must first submit a complete Program application form. After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. We may reject your application if we determine (in our sole discretion) that your site or business is unsuitable for the Program. Please allow at least 48 hours for your application to be reviewed. We reserve the right to reject any application, however we encourage you to contact us if you feel we have made an incorrect decision. Including all of the websites that you use in your profile will help us make a better decision. You should also note that if we accept your application and your site or business is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.

WEBSITE RESTRICTIONS
Your participating websites may not, and will be deemed unsuitable if they (without limitation):

  1. Promote violence;
  2. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  3. Infringe, misappropriate, or otherwise violate our or any anyone else’s intellectual property, publicity, privacy or other rights;
  4. Include “AliveCor,” “Kardia,” or other AliveCor trademarks or variations or misspellings thereof in their domain names;
  5. Violate or promote the violation of any law, rule or regulation;
  6. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials;
  7. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information;
  8. Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website, including toolbars, browser plug-ins, extensions and add-ons.

 

You are solely responsible for

  1. The development, operation and maintenance of your site;
  2. All materials and content that appear on your site including, without limitation, ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights) and are not libelous or otherwise illegal; and
  3. Ensuring that your sites accurately and adequately disclose, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors.

AliveCor hereby disclaims all liability for these matters and will not be responsible for any of the foregoing.  You agree to indemnify and hold AliveCor harmless from all damages, claims, fees (including attorneys’ fees) and expenses relating to the foregoing.

OWNERSHIP

You acknowledge that all right, title and interest in and to AliveCor’s trademarks, graphics, and any and all intellectual property rights associated therewith are exclusively owned by AliveCor.  You agree that your use of the trademarks and graphics inures to the benefit of AliveCor and that all goodwill or reputation in the trademarks and graphics shall automatically vest in AliveCor when they are used by you pursuant to this agreement.  You will not contest the validity of any of the AliveCor trademarks or AliveCor’s exclusive ownership of them.  During the term of this agreement, you will not adopt, use, or register, or apply for registration of, whether as a corporate name, trademark, service mark or other indication of origin, the AliveCor trademarks, or any words or marks that are confusingly similar to them in any jurisdiction.

 

LINKING TO OUR WEBSITE 

Upon acceptance into the Program, links will be made available to you through the affiliate interface. To permit accurate tracking, reporting, and commission accrual, you will be provided with required link formats, which must be used in all links between your websites and the AliveCor site. AliveCor may also provide you with guidelines and graphical artwork to use in linking to the AliveCor site. Additionally, you agree to abide by the following terms:

  1. You will only use linking code obtained from the affiliate interface without manipulation.
  2. All domains that use your affiliate link must be listed in your affiliate profile.
  3. Your websites will not in any way copy, resemble, or mirror the look and feel of AliveCor’s websites. You will also not use any means to create the impression that your websites are our websites or any part of our websites including, without limitation, by framing or proxying our website in any manner.
  4. You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).
  5. Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.

If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using “out” redirects from the same domain where the affiliate link is placed.

REFERRAL PROGRAM
You may not create affiliate tracking links that also contain a tracking link for the AliveCor Referral Program. You may be permitted to participate in either the Program or the Referral Program, but individual links must be specific and exclusive to one of the programs.  You agree not to fraudulently or improperly generate customers in order to artificially inflate your commissions or fees hereunder, either manually or through any automatic device, bot, mechanism, process or otherwise, or to enlist any third party to do so on your behalf.  AliveCor shall have the right at any time to request, and you agree to promptly provide, any information regarding the placement and use of affiliate or referral links on your site.

 

MID-CHECKOUT COMMISSION REDUCTION & OVERWRITE RULE

AliveCor uses a dynamic pixel system that may make changes to the standard commission in the case of a mid-checkout referral, which is defined as a cookie that is set within a set amount of time prior to the purchase. By reducing our commission on these types of referrals and by closely monitoring the quality of traffic we receive from each affiliate, we will be able to pay out higher commissions for driving new customers and traffic. This logic also gives full credit to the first referring affiliate in the case that a second affiliate enters within a set amount of time prior to the purchase. Mid-checkout commission and overwrite rules are subject to change.

 

TRANSACTION LOCK DATES

All sales will remain in a “sales pending period” and will not lock until 30 days following the date of the transaction.  All payments will be processed by ShareASale on the 20th of the month following the lock date.

PPC GUIDELINES
If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:

  1. You may not bid on any of our trademarked terms (which are identified below), including any variations or misspellings thereof for search or content based campaigns on Google, MSN, Yahoo, Facebook, Twitter, or any other network.
  2. You may not use our trademarked terms in sequence with any other keyword (i.e. AliveCor Coupons).
  3. You may not use our trademarked terms in your advertisement titles, copy, display names or as the display URL.
  4. You may not direct link to our website from any pay-per-click ad or use redirects that yield the same result. Affiliate links must be directed to an actual page on your website.
  5. You may not bid in any manner appearing higher than AliveCor for any search term in position 1-5 in any auction style pay-per-click advertising program

If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your program and we strongly suggest you add our trademarked terms as negative keywords. We have a strict zero-tolerance policy on PPC trademark bidding. You will forfeit all commissions for a minimum of the past 30 days and your commission will be set to 0% without warning if you engage in PPC trademark bidding that uses our trademarked terms.

TRADEMARKED TERMS

AliveCor, AliveCor.com, Kardia, Kardia Mobile, Kardia Pro

COUPON GUIDELINES
If you are enrolled in our Program and your website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:

  1. You may ONLY advertise coupon codes that are provided to you through the Program.
  2. Posting any information about how to work around the requirements of a coupon/promotion (i.e. first time customers only) will result in removal from the program.
  3. Coupons must be displayed in their entirety with the full offer, valid expiration date and code. 
  4. You may NOT use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s).
  5. You may NOT advertise coupon codes obtained from any non-affiliate marketing channel, including coupon codes from our email, paid search or any other non-affiliate advertising campaigns.
  6. You may NOT give the appearance that any ongoing offer requires clicking from your website in order to redeem the offer.  For example, if all items on the site have free shipping over $100, you may not turn this into an offer that infers that the customer must click from your site to get this deal.

Additionally, if your website ranks on the first page of Google for terms related to our website or company name(s) combined with the words coupon, coupons, coupon code, promo code, etc. and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders.

 

COUPON ATTRIBUTION & AUTHENTICATION 
Affiliates whose primary business is posting coupons, who are viewed by the program as being a coupon site, and/or who are tagged as coupon in our system, may not be paid commissions for sales generated without a corresponding valid coupon code. Valid codes are defined as codes that are made available to the affiliate channel in general, through newsletters or the Deals Database in ShareASale, and directly or privately to affiliates. Coupon codes that are not real, expired, not specific (i.e up to 40% off sale items) or are long-term site-wide offers that do not require a code may not considered valid codes and the affiliate will not be given commission on these orders. 

SUB-AFFILIATE NETWORKS

Promoting AliveCor through a sub-affiliate network is permitted, however you must be completely transparent with regards to where traffic from your sub-affiliates originated. You must ensure that all sub-affiliates promoting the AliveCor program adhere to these program terms and conditions, and you will be held liable for any breach of these terms and conditions by your sub-affiliates. This includes restrictions on advertising through toolbars, browser extensions, and through any paid placements such as a pay-per-click campaigns. Sub-affiliate networks must also receive approval prior to allowing any type of coupon sub-affiliate to promote the AliveCor Program. Failure to comply with our sub-affiliate network terms may result in a loss and/or reduction of commission from sales made through any sub-affiliate that does not comply with our program terms.

 

DOMAIN NAMES

Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited (e.g. alivecor.website.com or www.alivecor-coupons.com)

 

ADVERTISING & PUBLICITY

You shall not create, publish, distribute, or print any written material that makes reference to our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via e-mail campaigns, you must adhere to the following:

  1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.
  2. E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of AliveCor.
  3. E-mails must first be submitted to us for approval prior to being sent or we must be sent a copy of the e-mail.

SOCIAL MEDIA
Promotion on Facebook, Twitter, and other social media platforms is permitted, provided that you follow the following guidelines

  1. You ARE allowed to promote offers to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Twitter, etc. pages. For example:  You may post, “25% off sale at AliveCor through Wednesday with code ALIVECOR25.” 
  2. You ARE PROHIBITED from posting your affiliate links on AliveCor’s Facebook, Twitter, Pinterest, etc. company pages in an attempt to turn those links into affiliate sales.
  3. You ARE PROHIBITED from running Facebook ads with AliveCor’s trademarked company name.
  4. You ARE PROHIBITED from creating a social media account that includes AliveCor’s trademark in the page name and/or username.

OPERATIONS OUTSIDE UNITED STATES

If you are conducting business in or taking orders from persons in other countries, you will follow the laws of those countries.  For example, you will comply with the European Union’s Privacy and Electronic Communications Directive if you are conducting business in or taking orders from persons in one or more of the European Union countries.

 

REVERSAL & COMMUNICATION POLICY

AliveCor takes pride in its very low reversal rate, which we attribute to open communication with our affiliates. However, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions. Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, you must respond in a timely and honest manner. The following constitute violations of our communications policy:

  1. You are not forthcoming, intentionally vague or are found to be lying.   
  2. You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile.
  3. You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.

 

If any of the above apply, then we reserve the absolute right, in our sole discretion, to reverse orders, set your commission to 0%, and/or suspend you from the program for the period or orders in question. We know that many violations are the result of automated processes; however it is incumbent upon you to ensure that you have the appropriate checks and balances in place to proactively address these issues and adhere to our program rules.

 

FTC DISCLOSURE REQUIREMENTS

You must include a disclosure statement within any and all pages, blog/posts, or social media posts where affiliate links for our affiliate program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement must be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us or from the affiliate management team for review, this also must be clearly stated in your disclosure.

  • Disclosures must be made at the beginning of the claims and may not appear solely in a “Terms of Use”, “Legal”, “About Us” or other linked page.
  • Disclosures must be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g. disclosure should be visible before the jump).
  • Pop-up, hover state and button disclosures are prohibited.
  • Disclosure policy applies to all social media, even when space is restricted (e.g., tweets)
  • Disclosures should be made in the same medium as the claim (e.g. video, text)

 

For more information about FTC disclosure requirements, please review the FTC's "Dot Com Disclosures" Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf (example 21) and the FTC's Endorsement Guidelines at http://business.ftc.gov/advertising-and-marketing/endorsements  If you engage in so called “native advertising”, you further agree to comply with the FTC’s Enforcement Policy Statement on Deceptively Formatted Advertisements at https://www.ftc.gov/system/files/documents/public_statements/896923/151222deceptiveenforcement.pdf  and the related guidelines.

PROHIBITION AGAINST SOLICITATION FOR RESIDENT AFFILIATES IN SELECT STATES

As a condition of its participation in the AliveCor Affiliate Program, Affiliate agrees that its solicitation activities on behalf of AliveCor within PA (hereinafter “these states”) shall be limited to only providing a link on Affiliate’s website to AliveCor’s own website. Affiliate acknowledges that under current law in these states, further solicitation and promotional activities by Affiliate may render AliveCor liable for collecting sales tax on all sales to customers in these states. Therefore, as a condition of participation in the AliveCor Affiliate Program, Affiliate is prohibited from engaging in any solicitation activities in these states intended to refer potential customers to AliveCor, including, but not limited to: (i) distributing flyers, coupons, newsletters and other printed materials, or electronic equivalents of such materials; (ii) engaging in verbal solicitation, including in-person referrals or initiating telephone calls; and (iii) sending emails intended to refer customers to AliveCor. Proof of compliance must be sent to AliveCor on an annual basis (by May 31 of each year) or affiliate may be removed from the program. Affiliate further acknowledges that state tax laws are subject to change at any time and such changes may render Affiliates in certain states ineligible for continued participation in AliveCor’s Affiliate Program. AliveCor reserves the right to remove any Affiliate from the AliveCor Affiliate Program at any time for any reason.

 

REPRESENTATIONS AND WARRANTIES; DISCLAIMER

You represent and warrant that: (i) you have full power and authority to enter into this agreement, (ii) the content on your websites, and/or the technology used by you in connection with your websites and/or the means by which users access your websites (a) are owned, validly licensed for use by you or in the public domain; (b) do not constitute defamation, libel, obscenity; (c) do not infringe or violate any copyright, patent, trademark or other similar intellectual property right, or otherwise violate or breach any duty toward, or rights of any person or entity, including without limitation, rights of privacy and publicity; (d) do not result in any consumer fraud, product liability, breach of contract to which you are a party or cause injury to any third party; (e) do not promote violence or contain hate speech; (f) do not violate any applicable law, statute, ordinance, or regulations; and (g) do not contain adult content or promote illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age.

ALIVECOR makes no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, ALIVECOR makes no representation that the operation of THE ALIVECOR Site OR OTHER SERVICES will be uninterrupted or error-free, and ALIVECOR will not be liable for the consequences of any interruptions or errors.

 

INDEMNIFICATION

You shall defend and/or settle and pay damages awarded pursuant to any third party claim brought against AliveCor that would constitute a breach of any warranty, representation or covenant made by you under this agreement.  AliveCor will promptly notify you in writing of any such claim and promptly tender the control of the defense and settlement of any such claim to you at your expense and with your choice of counsel.  AliveCor will cooperate with you, at your expense, in defending or settling such claim.  You will not enter into any settlement or compromise of any such claim without AliveCor’s prior consent, which shall not be unreasonably withheld.

 

LIMITATION OF LIABILITY

ALIVECOR SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR THE PROGRAM, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT, PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE, EVEN IF ALIVECOR WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

TERM AND TERMINATION

The term of this agreement shall commence on the date AliveCor accepts your application and shall continue in force thereafter, unless earlier terminated as provided herein and ends when terminated as provided herein.  Either party may in its discretion terminate this agreement at any time for any reason or for no reason without prior notice.  AliveCor may change, suspend or discontinue all or any aspect of the Program at any time, without prior notice.  Within twenty-four (24) hours of termination by either party you agree to delete the AliveCor trademarks, links and graphics from your sites.  Upon the termination of this agreement for any reason all license rights granted herein shall terminate immediately.

MODIFICATION

AliveCor may modify any of the terms and conditions contained in this agreement upon notice.  AliveCor will notify you via e-mail to you or a change notice will be posted on the AliveCor site.  If a modification is unacceptable, you may terminate this agreement by giving notice of termination to AliveCor.  If you do not give AliveCor notice and continue to display the AliveCor trademarks and/or graphics on tour sites, then you will be considered to have accepted the modifications.  AliveCor may modify the amounts and the manner in which it pays you commissions and fees at any time upon notice to you provided that any such modifications shall apply only with respect to those customers who open and maintain AliveCor accounts after the effective date of the modification.

MISCELLANEOUS

You may not assign your rights or delegate your obligations under this agreement without AliveCor’s prior written consent.  AliveCor may assign this agreement to any third party without your consent. This agreement is not intended to benefit, nor shall it be deemed to give rise to, any rights in any third party.  This agreement will be governed and construed in accordance with the laws of California, without regard to conflict of laws principles. Any dispute or claim arising out of or in connection with this agreement shall be finally settled by binding arbitration in Santa Clara County, California under the Rules of the American Arbitration Association by one (1) arbitrator appointed in accordance with said rules.  Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  The parties are independent contractors.  This agreement shall not be construed to create a joint venture or partnership between the parties.  Neither party shall be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other.  Each party shall be responsible for compliance with all applicable laws, rules and regulations, if any related to the performance of its obligations under this agreement.  This agreement and the application constitute the entire agreement between the parties with respect to the subject matter hereof.  This agreement supersedes, and the terms of this agreement govern, any other prior or collateral agreements with respect to the subject matter hereof.  Except as specifically set forth above, any changes or amendments to this agreement must be in writing and executed by an officer of the parties.  If any provision of this agreement shall be held or made invalid or unenforceable for any reason, such invalidity shall not affect the remainder of this agreement, and the invalid or unenforceable provisions shall be replaced by a mutually acceptable provision, which being valid, legal and enforceable comes closest to the original intentions of the parties hereto and has like economic effect.  The failure of either party at any time or times to require performance of any provision hereof shall in no manner affect the right at a later time to enforce the same.  No waiver by either party of the breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any such breach or a waiver of the breach of any other term or covenant contained in this Agreement.