Affiliate Marketing Program Agreement
This Affiliate Marketing Program Agreement** ("Agreement") is made between Great Many, Inc., a Delaware corporation ("Company"), and the affiliate ("Affiliate") participating in the Great Many Affiliate Program ("Affiliate Program"). By participating in the Affiliate Program, Affiliate agrees to the terms and conditions set forth in this Agreement.
1. **Enrollment in the Affiliate Program**
To begin the enrollment process, Affiliate must submit a completed Affiliate Program application. The Company will evaluate the application and notify Affiliate of acceptance or rejection. The Company may reject an application for any reason at its sole discretion.
2. **Promotion of Our Products**
Affiliate will promote the Company's products using the promotional materials provided by the Company. The Company grants Affiliate a nonexclusive, nontransferable, royalty-free right to use and display the Company's trademarks, service marks, and logos (“Company Marks”) solely in connection with the promotion of the Company’s products within the Affiliate Program.
3. **Commissions**
Commission rates are set per publisher and are specified in the individual agreements with each publisher. Commissions will be paid on a monthly basis, subject to the Affiliate reaching a minimum threshold as specified by the Company.
4. **Payment Terms**
Commissions are calculated based on the net sales of the Company's products made through the Affiliate's unique tracking links. Payments will be made on a monthly basis, within 30 days following the end of each calendar month. The Company reserves the right to withhold commission payments if fraudulent or suspicious activity is detected.
5. **Prohibited Activities**
Affiliate agrees not to post links on deal round-up sites to get credit for sales. Additionally, Affiliate agrees not to bid on the Company’s brand term or terms related to the Company’s products, including but not limited to "Great Many," "hair loss," "hair products," "shampoo," etc. The Company reserves the right to withhold or cancel commissions resulting from sales generated through prohibited activities.
6. **Term and Termination**
This Agreement will commence upon Affiliate's acceptance into the Affiliate Program and will continue until terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party seven (7) days' written notice.
7. **Trademark Usage**
- You grant to us a nonexclusive, nontransferable, royalty-free right to use and display your trademarks, service marks, and logos (“Affiliate Marks”) in connection with the Affiliate Program and this Agreement.
- During the term of this Agreement, in the event that we make our trademark available to you within the Affiliate Tool, you may use our trademark as long as you follow the usage requirements in this section. You must:
- Only use the images of our trademark that we make available to you, without altering them in any way;
- Only use our trademarks in connection with the Affiliate Program and this Agreement;
- Comply with our vendor kit and Trademark Usage Guidelines; and
- Immediately comply if we request that you discontinue use.
- You must not:
- Use our trademark in a misleading or disparaging way;
- Use our trademark in a way that implies we endorse, sponsor, or approve of your services or products; or
- Use our trademark in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.
8. **Data Privacy and Protection**
- **Data Collection:** Affiliate agrees to comply with all applicable data protection laws and regulations. Affiliate shall not collect any personal data from users unless explicitly authorized by the Company.
- **Data Use:** Any personal data collected by the Company through the Affiliate Program shall be used solely for the purposes of the Affiliate Program and in accordance with the Company’s privacy policy.
- **Data Security:** Affiliate agrees to implement appropriate technical and organizational measures to protect personal data against unauthorized or unlawful processing and against accidental loss, destruction, or damage.
- **Data Breach:** In the event of a data breach affecting personal data processed in connection with this Agreement, Affiliate shall promptly notify the Company and provide all reasonable assistance to the Company in relation to the data breach.
9. **Relationship of Parties**
Affiliate and the Company are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate has no authority to make or accept any offers or representations on behalf of the Company.
10. **Limitation of Liability**
The Company will not be liable for any indirect, special, or consequential damages arising in connection with this Agreement or the Affiliate Program.
11. **Governing Law**
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of laws principles.
12. **Amendment**
The Company may modify any of the terms and conditions in this Agreement at any time at its sole discretion. In such event, Affiliate will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Affiliate Program rules.
13. **Entire Agreement**
This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.
**By participating in the Affiliate Program, Affiliate acknowledges that they have read this Agreement and agree to all its terms and conditions.**
