authorize the commission owned by clicking the advertisement after 10.00 days
conditions
U_id length
200
smart links
supported
refunds
supported
similar domains
unsupported
Restricted Keywords
Terms and Conditions
1. Introduction
2. Offers and Engagements
3. Your Responsibilities
4. Commissions
5. Ownership and Licenses
6. Termination
7. Representations
8. Cross-Indemnification
9. Impact Radius Required Provisions
10. Limitation of Liability
11. General
12. Spam
13. Linking Requirements
14. Keyword Bidding Policy
15. Agreement Modification
******************************************************************************
IMPORTANT: PLEASE READ THE FOLLOWING CAREFULLY BEFORE AGREEING TO
PARTICIPATE IN THE SimplyChocolate.COM AFFILIATE PROGRAM.
YOUR PARTICIPATION IN THE SimplyChocolate.COM AFFILIATE PROGRAM
IS CONDITIONED UPON YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS
CONTAINED IN THIS AGREEMENT. BY SELECTING THE "ACCEPT" BUTTON AT
THE BOTTOM OF THE ONLINE APPLICATION, YOU ARE ENTERING INTO A LEGAL
AGREEMENT WITH SimplyChocolate.COM, FORMALLY INDICATING
YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED IN THIS
AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF
THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT,
DO NOT SELECT THE "ACCEPT " BUTTON AT THE BOTTOM OF THE ONLINE
APPLICATION.
******************************************************************************
1.Introduction
This is the Agreement that will govern your participation in an Engagement
through the Impact Radius with Us. Please read this Agreement and
check the box on the previous page to digitally sign this Agreement. To
print a copy of this Agreement, please use your browser's print command.
1.1. PUBLISHER AGREEMENT
This Publisher Agreement (this "Agreement") is made between you ("You") and us
("We" or "Us"). Neither Impact Radius nor any of its corporate
affiliates are parties to this Agreement.
1.2. BACKGROUND
Both parties desire to establish the general terms and conditions which shall
govern advertising and commission arrangements between You and Us resulting
from our participation in the Impact Radius.
TERMS AND CONDITIONS
In consideration of the promises set forth below, each party agrees as
follows:
*******************************************************************************
2. Offers and Engagements
2.1. From time to time, We may post on the Impact Radius offers
(each, an "Offer") to pay to other participants a specified commission in
return for certain advertising services leading to a Qualifying Link (defined
below).
2.2. If You accept one of our Offers, we will have entered into an
"Engagement." Each Engagement shall have the same identification number as
the original Offer that lead to the Engagement and shall be governed by the
terms and conditions of this Agreement. However, in the event of any
inconsistency between the terms of the specific Engagement and the terms of
this Agreement, the terms of the Engagement shall govern.
2.3. At any time prior to You displaying a Qualifying Link on one of Your
websites, Advertiser may, with or without notice (a) change, suspend or
discontinue any aspect of an Offer or an Engagement or (b) remove, alter, or
modify any graphic or banner ad that we have submitted for an Offer or an
Engagement. You agree to promptly implement any request from Us to remove,
alter or modify any such graphic or banner ad.
*******************************************************************************
3. Your Responsibilities
3.1. You hereby agree to comply with all applicable laws.
3.2. You hereby agree that the position, prominence and nature of links on
the Your site shall comply with any requirements specified in the Engagement,
but otherwise will be in Your discretion.
3.2. You agree not to make any representations, warranties or other statements
concerning Us, Our site, any of Our products or services, or Our site
policies, except as expressly authorized by the Engagement.
3.3. You are responsible for notifying Us and Impact Radius of any
malfunctioning of the URLs specified in the Engagement (the "Required URLs")
or other problems with Your participation in the Engagement. We will respond
promptly to all concerns upon receipt of Your notification.
********************************************************************************
4. Commissions
4.1. We agree to pay to You the commission specified in the Engagement if We
sell to a visitor to Our site (a "Customer") a product or service that is the
subject of the Engagement and if that Customer has accessed Our site and
purchased the product or service via a Qualifying Link.
4.2. For products that are purchased and are subject to the
Engagement by consumers via "Qualifying Link" utilizing a
promotion(s) approved by Simplychocolate.COM and for which Simplychocolate.COM
has delivered the ordered products and received full payment
(each a "Qualifying Purchase(s)"), PARTICIPANT will receive
commissions which will be based on "Net Sales" of Qualifying
Purchase(s): based upon the accepted Offer of a specified
commission for which we have entered into an Engagement with you
through the Impact Radius. "Net Sales" is defined as the
gross sales price of a Qualifying Purchase less taxes, service
charge, shipping, relay and handling charges, discounts, gift
certificates, promotional offers (e.g., airline miles, points, e-
money etc.), credit card processing fees, credits, refunds,
rebates and chargebacks. We may, within our sole discretion, make
offers available to you through The Impact Radius from time
to time; which offers may be changed, suspended or discontinued
by Simplychocolate.COM at any time without notice.
A "Qualifying Link" is a link from Your site to Our site using one of the
Required URLs or any other URL provided by Us for use in the Impact Radius
Network if it is the last link to Our site that the Customer uses during
a Session where a sale of a product or a service to Customer occurs. A
"Session" is the period of time beginning from a Customer's initial contact
with Our site via a link from Your site and terminating when the Customer
either returns to Our site via a link from a site other than Your site or the
Engagement expires or is terminated.
4.3. We shall have the sole right and responsibility for processing all orders
made by Customers. You acknowledges that all agreements relating to sales to
Customers shall be between Us and the Customer.
4.4. All determinations of Qualifying Links and whether a commission is
payable will be made by Impact Radius and will be final and binding on
both You and Us. Prices for the products will be set solely Us in Our
discretion.
4.5. Please remember that only approved Impact Radius coupon codes are accepted and
commissioned as affiliate sales. So please be sure to use only COUPON CODES THAT
ARE PROVIDED DIRECTLY BY US OR FROM THE Impact Radius INTERFACE. Do not use any
other COUPON CODES. Sales generated with non affiliate code will be reversed.
********************************************************************************
5. Ownership and Licenses
5.1. Each party owns and shall retain all right, title and interest in its
names, logos, trademarks, service marks, trade dress, copyrights and
proprietary technology, including, without limitation, those names, logos,
trademarks, service marks, trade dress, copyrights and proprietary technology
currently used or which may be developed and/or used by it in the future.
5.2. We grant to You a revocable, non-exclusive, worldwide license to use,
reproduce and transmit the name, logos, trademarks, service marks, trade dress
and proprietary technology, as designated in the Engagement or during the
registration process in the Impact Radius, on Your site solely for
the purpose of creating links from Your site(s) to Our site(s) during
Engagements. Except as expressly set forth in this Agreement or permitted by
applicable law, You may not copy, distribute, modify, reverse engineer, or
create derivative works from the same. You may not sublicense, assign or
transfer any such licenses for the use of the same, and any attempt at such
sublicense, assignment or transfer is void.
5.3. You grant to Us a non-exclusive, worldwide, royalty-free license to use,
reproduce and transmit any graphic or banner ad submitted by You solely for
co-branding purposes or as a return link from Our site(s) to Your site(s). We
will remove such graphic or banner ad upon Your request.
SimplyChocolate.com does not allow any trademark term bidding within
any and all pay for placement, paid inclusion and other search engines. These
trademark terms include but are not limited to:
Simply Chocolate
SimplyChocolate
SimplyChocolate.com
SimplyChocolate.com coupon
SimplyChocolate.com discount
Any affiliates violating this policy may be terminated without notice
and forfeit all outstanding and future commissions.
In addition, Affiliate may not claim to be SimplyChocolate.com,
in any pay-for-placement, paid inclusion or other search engines, and must
clearly state the nature of the Affiliate relationship. Affiliates violating
this policy may be terminated without notice and forfeit all commissions.
********************************************************************************
6. Termination
6.1. Either party may terminate any Engagement at any time by deleting their
acceptance of the Engagement through the Impact Radius. Termination
of an Engagement shall not terminate this Agreement or any other Engagement.
6.2. Either party may terminate this Agreement at any time, for any reason,
provided that they provide at least five days prior written notice of such
termination to the other party and the Impact Radius. Termination of
this Agreement shall also terminate any outstanding Engagements. However, all
rights to payment, causes of action and any provisions which by their terms
are intended to survive termination, shall survive termination of this
Agreement.
********************************************************************************
7. Representations
7.1. Each party represents to the other that (a) it has the authority to enter
into this Agreement and sufficient rights to grant any licenses granted
hereby, and (b) any material which is provided to the other party and
displayed on the other party's site will not (i) infringe on any third party's
copyright, patent, trademark, trade secret or other proprietary rights or
right of publicity or privacy; (ii) violate any applicable law, statute,
ordinance or regulation; (iii) be defamatory or libelous; (iv) be lewd,
pornographic or obscene; (v) violate any laws regarding unfair competition,
antidiscrimination or false advertising; (vi) promote violence or contain hate
speech; or (vii) contain viruses, trojan horses, worms, time bombs, cancelbots
or other similar harmful or deleterious programming routines.
7.2. EXCEPT FOR THE ABOVE REPRESENTATIONS NEITHER PARTY MAKES ANY
REPRESENTATIONS OR WARRANTIES TO THE OTHER PARTY, INCLUDING, BUT NOT LIMITED
TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
********************************************************************************
8. Cross-Indemnification
8.1. Each party hereby agrees to indemnify, defend and hold harmless the other
party and its publishers, directors, officers, employees and agents, from and
against any and all liability, claims, losses, damages, injuries or expenses
(including reasonable attorneys' fees) brought by a third party, arising out
of a breach, or alleged breach, of any of its representations or obligations
herein.
********************************************************************************
9. Impact Radius Required Provisions
9.1. Each party jointly and severally agrees to indemnify, defend, and hold
harmless Impact Radius and its publishers, officers, directors,
employees and agents (collectively, "Impact Radius") from and against any and all
liability, claims, losses, damages, injuries or expenses (including reasonable
attorneys' fees) directly or indirectly arising from or relating to any Offer,
Engagement, any other matter related to this Agreement or the subject matter
hereof any dispute relating thereto.
9.2. The parties agree that Impact Radius may rely on any data, notice,
instruction or request furnished to Impact Radius by either party which is
reasonably believed by Impact Radius to be genuine and to have been sent or
presented by a person reasonably believed by Impact Radius to be authorized to act
on behalf of one of the parties. In the event of any dispute between the
parties, the parties agree that to the extent the parties contact and involve
Impact Radius, Impact Radius may consult with and use counsel of its own choice in
connection with such dispute and the reasonable fees and disbursements of
Impact Radius's counsel shall be within the costs and disbursements covered by the
indemnity specified in Section 8.1 above.
9.3. The parties acknowledge and agree that this Agreement and the Engagements
are only made possible due to Impact Radius and that the parties shall not, for
the duration of this Agreement and for twenty-four (24) months thereafter,
enter into any advertising, collaborations or other commercial arrangements
with each other in connection with their sites on the World Wide Web except
via the Impact Radius.
9.4. The parties acknowledge and agree that the nature of the Product is such
that in its normal operation it may access and download elements of software
data from resources which are external to the computer or device running the
Product, such as Product enabled servers. The parties acknowledge that
Impact Radius has not undertaken to provide such external resources or servers and
specifically disclaims any representation or warranty as the availability,
quality or performance of such resources or whether they may contain any
defects which may affect the performance of the Product or either party's
computer. Impact Radius shall not be responsible for provision of any
communications facilities or the costs associated with such communications.
9.5. The parties agree that Impact Radius is an intended third party beneficiary
of this Agreement.
********************************************************************************
10. Limitation of Liability
10.1. In no event shall either party be liable to the other party for any
direct, indirect, special, exemplary, consequential or incidental damages,
even if informed of the possibility of such damages.
10.2. The parties agree that the Impact Radius and Impact Radius
Corporation and its publishers, officers, directors, employees and agents
shall not be liable to either party for any direct, indirect, special,
exemplary, consequential or incidental damages, even if informed of the
possibility of such damages.
********************************************************************************
11. General
11.1. Each party shall act as an independent contractor and shall have no
authority to obligate or bind the other in any respect.
11.2. This Agreement has been made in and shall be construed and enforced in
accordance with the laws of the state of New York. Any action to enforce this
Agreement shall be brought in the federal or state courts located in that
state. If you need to send official correspondence, send it via registered
mail to Our headquarters to the attention of Our legal department.
11.3. By accepting any Offer through the Impact Radius, You agree
that you will be deemed to have executed, and will be bound by, this
Agreement.
11.4. The provisions of this Agreement are independent of and separable from
each other, and no provision shall be affected or rendered invalid or
unenforceable by virtue of the fact that for any reason any other or others of
them may be invalid or unenforceable in whole or in part.
********************************************************************************
12. Spam
Partner understands that the use of unsolicited commercial e-mail ("spam") by
affiliates is absolutely prohibited. Your participationin the
SimplyChocolate.com affiliate program constitutes your specific and
unconditional agreement to abide this anti-spam policy. Proper e-mail
solicitation, however, can be an important means of advertising your site and
your relationship with SimplyChocolate.com. The following rules represent
best practices, which are permitted under this agreement:
If an "opt-In" system exists for your line of business and target market, you
may use it. (Opt-In systems are those where the user specifically requests to
be placed on a mailing list.)
Violation of this rule will result in the suspension or termination of your
affiliate relationship with SimplyChocolate.com including the forfeiture
of any commissions from the date of the offending e-mailing.
********************************************************************************
13. Linking Requirements
When you become an Affiliate Site in our Affiliate Program, we will provide you
with Links that will allow Users to your Web site to be transported directly
when they click on the Link to Products on our Web site. As an Affiliate, you
may display these Links on your Web site subject to the terms and conditions
contained herein. All Links are subject to our approval and we will provide you
with the information that you need to enable you to make appropriate Links to
our Web site from your Web site. By accepting the terms of this Agreement, you
agree that you shall cooperate fully with SimplyChocolate.com to maintain
such Link or Links. You further agree that (a) such Link or Links shall be
displayed prominently throughout your Web site as you see fit and with our
consent, (b) no Link or Links shall be modified, expanded or reduced in any way
without our consent and (c) no Link or Links on your Web site shall in any way
modify the look, feel and/or functionality of our Web site. We reserve the right
to monitor your Web site at any and at all times to make certain that you are in
compliance with the terms and conditions of this Agreement. You shall be fully
responsible for all content, links and activities conducted on your Web site. We
disclaim all liabilities related to such matters. You agree to indemnify
SimplyChocolate.com and hold us harmless (as well as our employees, officers,
agents, directors and affiliated entities) from all liability claims, damages
and expenses (including, without limitation, attorneys' fees) relating to the
development, operation, maintenance, activities, contents and links of your Web
site.
In accordance with the Impact Radius Terms and Conditions, You agree that
You shall not:
Place or use any Link of SimplyChocolate.com except with the intention of
delivering valid sales, leads, applications, accounts, clicks or other
specified compensable actions; Inflate the number of applications, accounts,
clicks or other specified compensable actions or any impressions of the
SimplyChocolate.com web site, by any method or using any hidden frames,
java pop ups, Web bot, robot, automatic redirecting of users, autospawning of
browsers, or any other technique or means of generating automated
click-throughs, requiring visitors to click on SimplyChocolate.com's
Link before entering any area of Your Site(s), by placing or including
Promotions or links on pages of Your Site that automatically reload or go to
another page without interaction from the user (for example, Simply Chocolate pull or
server push technology, METATAG reload, or refresh command on page html) or
on any page that is not generally accessible to all Web users (for example,
pop-up windows and hidden frames); Affiliates using any of the aforementioned
techniques or methods to establish a click, and/or place a cookie on a users
computer will be terminated without notice and forfeit all outstanding and
future commissions.
********************************************************************************
14. Keyword Bidding Policy
You are not allowed to bid on our SimplyChocolate.com trademark names,
renditions thereof and their derivatives. We police keyword bidding on the below
terms regularly, and in order to remain in compliance with our terms of service,
we'd like to remind you of the following restrictions on keyword bidding:
Publishers are prohibited from bidding on SimplyChocolate.com
and any variations including misspellings, alternate spellings, alternate
spacing, or any phrases that include these terms.
Affiliates may not use our brand name or domain name, or any variation, similar
terms or misspelling of our brand name, as the display domain in any search
advertisement.
Affiliates may not use our brand name or domain name, or any variation, similar
terms or misspelling of our brand name in PPC ad copy without prior approval.
You may not register any domain name that contains our brand name, misspellings
of our brand name or variations of our brand name.
You are prohibited from Direct Linking.
Failure to comply so will result in a temporary suspension from our Affiliate
Program. Once you are placed on temporary suspension, you will be out
of the SimplyChocolate.com Affiliate Program for 14 days
and ineligible to receive any commissions on the SimplyChocolate.com
sales you generate during this term. After the 14 day term, you will have the
opportunity to opt back in to the SimplyChocolate.com Affiliate Program
if you have complied with the above request. A second violation of this policy
will result in permanent termination from our Affiliate Program.
We understand that these keywords may drive traffic to your site and are prepared
to work with you to find alternative ways to maximize the partnership. We
appreciate your understanding in this matter.
*********************************************************************************
15. Agreement 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 new
agreement on our site. Notice of any change to this Agreement delivered by
e-mail, to your address on our records, or the posting of a new agreement on
our Web site is considered sufficient notice for notifying you of a
modification to the terms and conditions of this Agreement. Modifications may
include, but are not limited to, changes in the scope of available Referral Fees,
the Commission schedule, payment procedures and Affiliate Program rules.
All such modifications shall take effect 48 hours after we serve notice as
provided above, unless we indicate otherwise. If a modification is unacceptable
to you, your sole recourse is to terminate this Agreement. Your continued
participation in the Affiliate Program following our posting of a change will
constitute binding acceptance by you of such change.
Important Reminder About FTC Guidelines for Affiliates:
The current FTC guidelines require that sponsored social media posts include the hashtags “#sponsored” or “#ad” as close to the beginning of the content as possible and before any links leading back a brand’s landing page. In a blog post, the disclosure statement must be clearly visible and come above the “fold” or “scroll” ahead of any brand links. For video and audio sponsored content, there must be ei
查看更多
mobile
unsupported
advertiser link category
normal link
smart links
more details
From classic boxed chocolates to the newest flavors in bars and truffles, our experts have scoured the globe to help you send the perfect chocolate gift. Your trusted destination for all things Chocolate, discover more at SimplyChocolate.com.