By signing up as an affiliate of Shopper's Voice (Epsilon Data Management, LLC) you agree to the following Terms and Conditions:
This agreement is by and between Shopper's Voice (Epsilon Data Management, LLC) and/or their assigns and all subscribers. Unless the context requires otherwise, Shopper's Voice (Epsilon Data Management, LLC) and/or their assigns shall be referred to as "us, we, or our" and you shall be referred to as “you, your or subscriber.”
A. FTC Clause We strongly advise affiliates to stay compliant with the Federal Trade Commission (FTC) guidelines on testimonials and endorsements. All endorsements, reviews, testimonials on Shopper's Voice (Epsilon Data Management, LLC) products and services, as well as relationships between other types of content websites (forums, blogs, microblogs and other Social Media channels) and Shopper's Voice (Epsilon Data Management, LLC) must be clearly disclosed in a separate policy on the affiliate sites. FTC points out that “when there exists a connection between the endorser and the seller of the advertised product” it is imperative that such connection is “fully disclosed”. FTC deems the relationship in an endorser-sponsor light, and believes that the end user has the right to understand that one exists. We share the undergirding idea of this approach, and strongly encourage our affiliates to adhere to the FTC’s rules. We also reserve the right to terminate relationship with any non-compliant affiliates.
B. Coupons Policy Publishers may only use coupons and promotional codes that are provided exclusively through the Shopper's Voice (Epsilon Data Management, LLC) affiliate program. Promoting coupons intended for distribution through other marketing channels used by Shopper's Voice (Epsilon Data Management, LLC) (e.g.: retargeting, email, social, etc.) is strictly prohibited. Harvesting of coupons is prohibited, and may result in termination from Shopper's Voice (Epsilon Data Management, LLC) affiliate program. Similarly, affiliates who "harvest" and promote coupons intended for other affiliates (e.g.: exclusive promotions) may have related transactions voided.
C. Other - Affiliates may not issue public materials, including press releases, about the relationship without prior written consent. Disallowed sites include: Any illegal, porn, hate, etc. on your site, or on sites that you link to. Do not to use promotional means that contain objectionable content, including but not limited to content that is misleading, libelous, defamatory, obscene, violent, bigoted, hate-oriented, illegal, and/or promoting illegal goods, services or activities
D. Adware/BHO Policy
Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Shopper's Voice (Epsilon Data Management, LLC) site (i.e., no page from our site or any Shopper's Voice's (Epsilon Data Management, LLC) content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Bing, and similar search or directory engines); (c) set commission tracking cookies through loading of Shopper's Voice (Epsilon Data Management, LLC) site in IFrames, hidden links and automatic pop ups that open Shopper's Voice (Epsilon Data Management, LLC) site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
E. Services to be Provided. We agree to pay you certain commissions as described on our website for referral sales made by customers.
F. Termination. We may terminate your account: (a) If you violate our Terms of Service Policy; (b) if you promote Shopper's Voice (Epsilon Data Management, LLC) in a manner that is unethical or inappropriate (c) if your account is inactive for a period of 90 days by either 1. Producing no 1st tier product sales or 2. Recruiting no new active 2nd tier affiliates; or (d) for any reason, in our sole discretion.
G. No Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE SHOPPER'S VOICE (EPSILON DATA MANAGEMENT, LLC.), ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you.
H. Terms. You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 4) to accept commercial emails from us. If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.
I. Assignment. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.
J. Change of Terms and Conditions. We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section B.
K. Notification of Account Changes. You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information changes.
L. Notices. All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.
M. Commission. We have commission payouts of $3.00 per United States completed survey. We reserve the right to void commissions on your account for reasons that we feel are appropriate. It is usually the result (but are not limited to) excessive clicks from the same IP address, joke name, mismatch between email address and name, profanity, use of non-existent postal address, use of form-filler to answer survey questions, incomplete last name, or invalid email address. In the event that this may occur we will notify you.
N. Payment. All commission payments will be processed and paid by ShareASale. Please review the ShareASale commission payout policy for more information.
O. Fraud. If you commit fraud or falsify information that is being registered from links on your site connected to any Shopper's Voice (Epsilon Data Management, LLC) owned site, this Agreement will be terminated immediately. In addition, if Shopper's Voice (Epsilon Data Management, LLC) suffers damages if any as a result of such actions you will be liable. You will be responsible for returning to Shopper's Voice (Epsilon Data Management, LLC) all commissions received for the fraudulent sales. We will pursue legal action against you to the fullest extent possible under the law.
P. General Provisions. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section I, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation.
Q. Other. Suryvey records containing profanity in the "Name" field, not meeting USPS and Canada delivery standards, contains duplicate names and address that did the survery in the last year, are not of legal age, or are using Automated Form Filling software (eg. Roboform) that results in contradictory answers and renders the survey answers useless will be corrected from the system. The first 1000 leads will be assessed for quality that will need to meet or exceed our KPI's. It it does not we will end the relationship.
BY SIGNING UP AS AN AFFILIATE OF SHOPPER'S VOICE (EPSILON DATA MANAGEMENT, LLC.) YOU ARE CONFIRMING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS AND CONFIRM THAT YOU ARE AN ADULT OF AT LEAST 18 YEARS OF AGE (19 OR 21 WHERE APPLICABLE).
