This is a legal agreement between you and Figgers Wireless. By submitting the online application, you are agreeing that you have read and understood the terms and conditions of this Agreement and that you agree to be legally responsible for each and every term and condition. Please note that throughout this Agreement, “we,” “us,” and “our” refer to Figgers Wireless and “you,” “your,” and “yours” refer to the Affiliate.
1. Description of the Affiliates Program
The Affiliates Program permits you to monetize your website, social media user-generated content, or online software application (referred to here as your “Site"), by placing on your Site links to an Figgers Site or, if applicable for the location, any other site.
When our customers click through the Affiliate Links to purchase an item sold or services offered on the Figgers Site or take other actions, you can receive program fees for qualifying purchases. In order to facilitate your advertisement of these items or services, we may make available to you data, images, text, link formats, widgets, links, marketing content, and other linking tools, application program interfaces, and other information in connection with the Affiliates Program (“Program Content"). Program Content specifically excludes any data, images, text, or other information or content relating to product offerings on any site other than the Figgers Site.
2. Affiliate Obligations
To begin the enrollment process, you will complete and submit the online application at the ShareASale.com server. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it: (a) promotes sexually explicit materials, (b) promotes violence, (c) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, (d) promotes illegal activities, (e) incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law, (f) includes "Figgers Wireless" or variations or misspellings thereof in its domain name, (g) is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion, or (h) contains software downloads that potentially enable diversions of commission from other affiliates in our program.
As a member of Figgers Wireless's Affiliate Program, you will have access to Affiliate Account Manager. Here you will be able to review our Program’s details and previously-published affiliate newsletters, download HTML code (that provides for links to web pages within the Figgers Wireless web site) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Figgers Wireless or any other affiliated business.
Figgers Wireless reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.
3. Identifying Yourself as an Affiliate
You must clearly state the following, or any substantially similar statement previously allowed under this Agreement, on your Site or any other location where Figgers may authorize your display or other use of Program Content: “As a Figgers Wireless Affiliate I earn from qualifying purchases.” Except for this disclosure, you will not make any public communication with respect to this Agreement or your participation in the Affiliates Program without our advance written permission. You will not misrepresent or embellish our relationship with you (including by expressing or implying that we support, sponsor, or endorse you), or express or imply any affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.
4. Figgers Wireless Customers
Our customers are not, by virtue of your participation in the Affiliate Program, your customers. As between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on the Figgers Site will apply to those customers and may be changed at any time. You will not handle or address any contacts with any of our customers, and, if contacted by any of our customers for a matter relating to interaction with an Figgers Site, you will state that those customers must follow contact directions on that Figgers Site to address customer service issues.
5. Our Rights and Obligations
We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Figgers Wireless Affiliate Program.
Figgers Wireless reserves the right to terminate this Agreement and your participation in the Figgers Wireless Affiliate Program immediately and without notice to you should you commit fraud in your use of the Figgers Wireless Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Figgers Wireless shall not be liable to you for any commissions for such fraudulent sales.
6. Promotion Restrictions
You are free to promote your own web sites, but naturally any promotion that mentions Figgers Wireless could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Figgers Wireless. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Figgers Wireless so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Figgers Wireless so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Figgers Wireless. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Figgers Wireless Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as merchant.com, merchant, www.merchant, www.merchant.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Figgers Wireless’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in Figgers Wireless’s service).
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 Figgers Wireless’s site (i.e., no page from our site or any Figgers Wireless’s 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, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Figgers Wireless site in IFrames, hidden links and automatic pop ups that open Figgers Wireless’s 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.
Telephone Consumer Protection Act (“TCPA”)
Affiliate represents and warrants that all present and future marketing practices used by Affiliate shall be in compliance with the TCPA, as defined under 47 U.S.C. § 2227. Company shall have the right to immediately terminate this Agreement, subject to Section 9, upon learning of any violation of the TCPA by Affiliate. Affiliate agrees and understands that all costs and expenses, including courts costs and attorney fees, arising from or in any way connected with a violation of the TCPA shall be the sole responsibility of Marketer.
You represent, warrant, and covenant that (a) you will participate in the Affiliates Program and create, maintain, and operate your Site in accordance with this Agreement, (b) neither your participation in the Affiliates Program nor your creation, maintenance, or operation of your Site will violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any governmental authority that has jurisdiction over you (including all such rules governing communications, data protection, advertising, and marketing), (c) you are lawfully able to enter into contracts (e.g. you are not a minor or otherwise legally prevented from contracting), (d) you have independently evaluated the desirability of participating in the Affiliates Program and are not relying on any representation, guarantee, or statement other than as expressly set forth in this Agreement, (e) you will not participate in the Affiliates Program or use any other Service Offerings if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using any Service Offering; (f) you will comply with all U.S. export and re-export restrictions, and applicable non-US export and re-export restrictions consistent with U.S. law, that may apply to goods, software, technology and services, and (g) the information you provide in connection with the Affiliates Program is accurate and complete at all times. You can update your information by logging into your account on the Affiliates Site and selecting “Account Settings”.
We do not make any representation, warranty, or covenant regarding the amount of traffic or fees you can expect at any time in connection with the Affiliates Program, and we will not be liable for any actions you undertake based on your expectations.
9. Term and Termination
This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated. Either you or we may end this Agreement at any time, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email, fax, or by logging into your account on the Affiliates Site and selecting the option to close your account on in Account Settings. In addition, this Agreement will terminate immediately for any of the following reasons: . (a) you are in material breach of this Agreement, (b) you otherwise fail to cure within 7 days of our notice to you regarding any other breach of this Agreement (including any Program Policy); (c) we believe that we may face potential claims or liability in connection with your participation in the Associates Program; (d) we believe that our brand or reputation may be tarnished by you or in connection with your participation in the Associates Program; (e) your participation in the Affiliates Program has been used for deceptive, fraudulent or illegal activity; (f) we believe that we are or may become subject to tax collection requirements in connection with this Agreement or the activities performed by either party under this Agreement; (g) we have previously terminated this Agreement (or suspended your account) with respect to you or other persons that we determine are affiliated with you or acting in concert with you for any reason, or (h) we have terminated the Affiliates Program as we generally make it available to participants. For the avoidance of doubt and without limitation for purposes of the foregoing subsection (a) any violation of Section 6 and as specified in the Program Policies will be deemed a material breach of this Agreement.
We may hold accrued unpaid advertising fees for a reasonable period of time following termination to ensure that the correct amount is paid (for example, to account for any cancellations or returns).
Upon any termination of this Agreement, all rights and obligations of the parties will be extinguished, including any and all licenses granted in connection with this Agreement.
10. Grant of Licenses
We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Figgers Wireless's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Figgers Wireless and the good will associated therewith will inure to the sole benefit of Figgers Wireless.
Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
11. Representations and Warranties
You represent and warrant that:
This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party; and
You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
MERCHANT.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING MERCHANT.COM SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF MERCHANT.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
13. Limitations on Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS, OR SPECIFIC PERFORMANCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL MERCHANT.COM'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless Figgers Wireless, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Figgers Wireless. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida without regard to the conflicts of laws and principles thereof.
You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
Questions and Answers
How does it work?
1. You'll be issued a unique referral link and discount code (not for personal use).
2. Customers who use your code when making an order will receive a one-time discount. (only new customers can receive the discount).
3. Affiliates links create 45 day cookies that can track a sale from start to finish.
3. You'll promote our store/products by sharing either your code or link across your social network.
4. We will reward you with commission for every fulfilled referral order that you create.
5.All payouts require reaching a $100 threshold.
Approvals and Payouts
1. Payout only occur after 30 days of an order pending any product returns (must reach $100 threshold).
2. Commission structures are solely at the discretion of Figgers Wireless and are subject to change.
3. Approval into the program is not guaranteed. Approval can take up 24 to 72 hours.
4. Figgers Wireless holds the right to revoke and remove any person(s) and/or groups from membership into the Figgers Affiliate program for any reason without warning.
5. Figgers Wireless brand and products must be displayed tastefully. Any person found in violation will have their account terminated and all earnings forfeited.
6. Program can be closed or changed with or without notice. All participants who have reached payment threshold will be paid out any commissions owed if program is discontinued
7. All Commission Payments are made electronically through paypal unless otherwise stated. Affiliates are responsible for any transaction fees.
What if the recipient (Affiliate) doesn't have a PayPal account?
This isn't an issue. PayPal payments will work even if the recipient does not have a PayPal account. The Affiliate will simply need to create a PayPal account using the same email address that they use for wa.la to receive their payments.
What if the recipient's PayPal account is invalid/restricted?
We (and PayPal) will notify any influencer if their PayPal account is incomplete and requires their attention before PayPal will complete payment.
Are there fees? Who pays them?
PayPal transactions incur a small transaction fee. The fee will be incurred by the recipient (the Affiliate).
What should I NOT do as an influencer?
Our system automatically monitors all usage of influencer links and codes and red-flags incorrect usage. Sales commission on orders that were created under any of the following scenarios will be voided. We reserve the right to cancel your account without notice should you violate any of these conditions.
You should not:
1. Use Bots to generate leads.
2. Spam social media groups / channels.
3. Post your influencer code on coupon websites, any site in relation to pornographic or illegal activity.
4. Make false claims of any sort.
5. Misrepresent the company in any way.
6. promote or contain sexually explicit materials.
7. promote violence or contain violent materials.
8. promote or contain libelous or defamatory materials.
9. promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age.
10. promote or undertake illegal activities.
11. Are directed toward children under 13 years of age, as defined by the Children’s Online Privacy Protection Act (15 U.S.C. §§ 6501-6506) and any regulations promulgated thereunder.
12. Include any trademark of Figgers or its affiliates, or a variant or misspelling of a trademark of Figgers or its affiliates, in any domain name, subdomain name, or in any username, group name, or other identifier on any social networking site (see the Trademark Guidelines for examples); or otherwise violate intellectual property rights.
We reserve the right to cancel your account and void all commissions without notice should you violate any of these conditions.
More Questions? Please Contact your Affiliate Manager