FMTC Affiliate Program Agreement
The purpose of the FMTC Affiliate Program (the “Program”) is to establish a commission-based advertising relationship with a publisher partner.
This FMTC Affiliate Program Agreement (the “Agreement”) is made by and between For Me To Coupon, LLC, a Delaware Corporation, d/b/a FMTC (“We”, “Our”, “FMTC”) and the party accepting this Agreement who is utilizing the FMTC service (“You”, “Your”, “Affiliate”), together (the “Parties”).
- By submitting the online application, You represent that You have authority to enter into this Agreement and that You agree to have read, understood, and agree to be bound by the terms and conditions of this Agreement.
- Your application will be accepted or declined at FMTC’s sole discretion. Your participation in the Program, once established, may be terminated by FMTC at any time and for any reason. You Commissions are subject to reversal and forfeiture by FMTC in the event yo8u breach this Agreement. FMTC reserves the right to review Your ad copy, link placement, and the like at any time. You may terminate Your participation in the Program at any time and for any reason.
- During the term of the Agreement, FMTC grants You a non-exclusive, non-transferable, revocable right to post FMTC’s links, logos, trademarks, and the like that are made available to You by FMTC for the purpose of promoting such links (“Links”). You may not use sub-affiliates or otherwise broker Your participation in the Program to any third party without Our prior written approval. Your account is for Your sole, personal use, You may not authorize others to use Your account, and You may not assign or otherwise transfer Your account to any other person or entity.
- Commissions will be paid according to the terms posted at FMTC.co. Commission terms may change from time to time. You shall be responsible for all taxes and other similar levies applicable to the commissions pursuant to any law or regulation. You shall report the commission to Your taxation authorities as required by law. While We may provide certain information regarding taxes, You acknowledge that We are not tax consultants and You should consult with Your own financial professionals and advisors.
- You must use the Links provided. Links may be placed where appropriate, except for the locations below. You are responsible for keeping Your Links updated. You are responsible for any required disclosures. You agree to comply with all terms, conditions and rules set forth by a merchant or network associated with the Links. The following behaviors are prohibited:
- Displaying Links alongside content or one click away from content that promotes or contains illegal activities, violence, discrimination, or copyright infringement, or is otherwise unlawful, harmful, obscene, unethical, or objectionable, in FMTC’s sole discretion.
- Including variations or misspellings of FMTC, Links or its product names in the domain name, ad copy, or advertisements or otherwise posing as FMTC.
- Forcing clicks through iframes, software, or other means.
- Defrauding FMTC with fake leads or the like, including incentivized leads.
- Sending unsolicited emails or text messages in violation of law.
- Misrepresenting FMTC, Your identity or the Links.
- Referring Commissions to Yourself.
- Violating any law, rule or regulation, including but not limited to, the Can Spam Act of 2003 and the Telephone Consumer Protection Act.
- Engaging in any deceptive, fraudulent, unfair or misleading activities.
- Posting on non-English pages, except with prior written approval by FMTC.
- You must comply with all Federal Trade Commission (“FTC”) disclosure requirements, including but not limited to, the FTC’s “Dot Com Disclosures” Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf; and the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising at
http://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf and further explained 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.
- 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 General Data Protection Regulation 2016/679 if You are conducting business in or processing personal data from persons in one or more of the European Union countries.
- FMTC may change the terms of this Agreement at any time at its sole discretion. FMTC will provide email notification of such changes. If any such change in the Agreement is unacceptable to You, You terminate Your participation in the Program. Otherwise, such changes will be biding upon You.
- FMTC currently uses a third-party platform called WP Affiliate to track commissions owed. You may log in to their interface to retrieve links and see performance statistics. FMTC may award or reverse commissions at its sole discretion. FMTC is not responsible for any errors or omissions by WP Affiliate.
- You will be paid when Your account balance is $50 or more. FMTC currently uses a third-party platform called Tipalti to make payments. Whenever possible, payments will be made by ACH. Accounts outside the US may incur a fee for receiving funds. We ask that Your review their terms and conditions as well. FMTC is not responsible for any errors or omissions by Tipalti.
- You must get written permission from FMTC before posting anything that could be construed as a joint marketing effort, such as a press release that mentions FMTC. The Parties agree not to use each other’s proprietary materials in any disparaging, misleading, or otherwise negative manner.
- The Links and other services are provided “as is” without any warranties, express or implied. We make no guaranty that You will earn any amount of Commissions. In no event shall we be liable to You or any third party for special, incidental, consequential, indirect or punitive damages, including, without limitation, any damages resulting from loss of profits, loss of business or loss of goodwill arising out of or in connection with this Agreement, the Program or the Links, whether or not we have been advised of the possibility of such damages. In any event, our maximum liability to You for any claims shall in no event exceed the amount of Commissions paid to You during the prior six (6) months.
- You agree to defend, indemnify and hold harmless FMTC, its officers, directors, employees, business partners, Merchants and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by You of any of this Agreement, (ii) Your promotional activities or (iii) Your use of the Links.
- or FMTC and its licensors are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Program. Except as set forth herein, You agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under this Agreement are reserved by FMTC. You acknowledge that the Program contains confidential information, and therefore You shall not disclose such materials to any third party without our prior written approval. You agree to protect all Confidential Information from unauthorized disclosure. “Confidential Information” means all non-public information provided by or obtained through FMTC, including but not limited to, any portal and user-interface, access credentials, pricing, commission rates and list of merchants. Links or offers. You may not share or provide access to any Confidential Information to any party that has not been authorized in writing by FMTC to receive such information from You.
- This Agreement shall be governed by the laws of the State of Texas, and both parties agree that the exclusive jurisdiction for any disputes arising out of this Agreement shall be Travis County in the State of Texas. The prevailing party in such action shall be entitled to receive its attorneys fees.
- This Agreement represents the entire Agreement between the Parties and shall supersede any prior agreement, whether written or oral.
- If any provision of this Agreement is found to be invalid or unenforceable, said provision shall be adjusted to the minimum extent necessary and the remainder of this Agreement shall have full force and effect.