As used in these Terms: (i) “We”, “us”, or “our” refers to FocusMe Inc Ltd. and our website; (ii) “you” or “your” refers to the Affiliate; (iii) “our website” refers to our properties located at www.FocusMe.com; (iv) “your website” refers to any websites that you will link to our website; (v) “Program” refers to our Affiliate Program.
To be eligible for the Program, you must be at least 18 years of age, submit a Program application containing all the information requested, including accurate and complete contact and payment information (and provide us with future updates) and accept these Terms. After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. Please allow up to 48 hours for your application to be reviewed. We reserve the right to reject any application, however we encourage you to contact us if you feel we have made an incorrect decision. Including all of the websites that you use in your profile will help us make a better decision.
Your participating website(s) may not:
1. Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights.
2. Violate any law, rule or regulation.
3. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
4. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
5. Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions and add-ons.
LINKING TO OUR WEBSITE
Upon acceptance into the Program, links will be made available to you through the affiliate interface. Your acceptance in our program means you agree to and abide by the following.
1. You will only use linking code obtained from the affiliate interface without manipulation.
2. All domains that use your affiliate link must be listed in your affiliate profile.
3. Your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, framing of our Website in any manner.
4. You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating).
5. Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.
If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using “out” redirects from the same domain where the affiliate link is placed.
Affiliates may not create affiliate tracking links that also contain a tracking link for our Referral Program. Affiliates are permitted to participate in either the Program or the Referral Program but individual links must be specific and exclusive to one of the programs. By participating in this Program, you agree not to claim commission or credit from both the Program and from our Referral Program for the same transaction.
If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:
1. You may not bid on any of our trademarked terms (which are identified below), including any variations or misspellings thereof for search or content based campaigns on Google, MSN, Yahoo, Facebook or any other network.
2. You may not use our trademarks in sequence with any other keyword (i.e. FocusMe Coupons).
3. You may not use our trademarks in your ad title, ad copy, display name or as the display URL.
4. You may not bid in any manner appearing higher than FocusMe for any search term in position 1-5 in any auction style pay-per-click advertising program.
If you automate your PPC campaigns, it is your responsibility to exclude our trademarks from your program and we strongly suggest you add our trademarks as negative keywords. We have a strict no tolerance policy on PPC trademark bidding. You will forfeit all commissions for a minimum of the past 30 days and your commission will be set to 0% without warning if you engage in PPC trademark bidding that uses our trademarks.
Trademarks: FocusMe, Focus Me, FocusMe.com
If you are enrolled in our Program and your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:
1. You may ONLY advertise coupon codes that are provided to you through the affiliate program.
2. Posting any information about how to work around the requirements of a coupon/promotion (ie first time customers only) will result in removal from the program.
3. Coupons must be displayed in their entirety with the full offer, valid expiration date and code.
4. You may NOT use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s).
5. You may NOT advertise coupon codes obtained from any non-affiliate marketing channel, including coupon codes from our email, paid search or any other non-affiliate advertising campaigns.
6. You may NOT give the appearance that any ongoing offer requires clicking from your website in order to redeem. For example, if all items on the site have free shipping over $100, you may not turn this into an offer that infers that the customer must click from your site to get this deal.
Additionally, if your website ranks on the first page of Google for terms related to our website or company name(s) combined with the words coupon, coupons, coupon code, promo code, etc. and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders.
COUPON ATTRIBUTION & AUTHENTICATION
Affiliates whose primary business is posting coupons, who are viewed by the program as being a coupon site, and/or who are tagged as coupon in our system, may not be paid commissions for sales generated without a corresponding valid coupon code. Valid codes are defined as codes that are made available to the affiliate channel in general, through newsletters, and directly or privately to affiliates. Coupon codes that are not real, expired, not specific (i.e up to 40% off sale items) or are long-term sitewide offers that do not require a code may not considered valid codes and the affiliate will not be given commission on these orders.
Promoting us through a sub-affiliate network is permitted, however you must be completely transparent with regards to where traffic from your sub-affiliates originated. Sub-affiliate networks must ensure that all sub-affiliates promoting the Program adhere to our program terms and conditions. This includes restrictions on advertising through toolbars, browser extensions, and through any paid placements such as a pay-per-click campaigns. Sub-affiliate networks must also receive approval prior to allowing any type of coupon sub-affiliate to promote the Program.
Failure to comply with our sub-affiliate network terms may result in a loss and/or reduction of commission from sales made through any sub-affiliate that does not comply with our program terms.
Use of any of our trademarks as part of the domain or sub-domain for your website is strictly prohibited i.e. FocusMe.website.com or www.FocusMe-coupons.com
ADVERTISING & PUBLICITY
You shall not create, publish, distribute, or print any written material that makes reference to our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via e-mail campaigns, you must adhere to the following:
1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.
2. E-mail must be sent on your behalf and must not imply that the e-mail is being sent on our behalf.
3. E-mails must first be submitted to us for approval prior to being sent or we must be sent a copy of the e-mail.
Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:
1. You ARE allowed to promote offers to your own social media pages or groups you manage; more specifically, you’re welcome to use your affiliate links on your own Facebook, Twitter, etc. pages. For example: You may post, “25% off sale at FocusMe through Wednesday with code FocusMe25.”
2. You ARE PROHIBITED from posting your affiliate links on our Facebook, Twitter, Pinterest, etc. company pages in an attempt to turn those links into affiliate sales.
3. You ARE PROHIBITED from running Facebook ads with our trademarks.
4. You ARE PROHIBITIED from creating a social media account that includes our trademarks in the page name and/or username.
OPERATIONS OUTSIDE UNITED STATES
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 Privacy and Electronic Communications Directive if you are conducting business in or taking orders from persons in one or more of the European Union countries.
REVERSAL & COMMUNICATION POLICY
We take pride in its very low reversal rate, which we attribute to open communication with our affiliates. However, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions.
Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.
1. You are not forthcoming, intentionally vague or are found to be lying.
2. You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile.
3. You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.
If any of the above apply, then we reserve the absolute right to reverse orders, set your commission to 0% or suspend you from the program for the period or orders in question. We know that many violations are a result of automated processes; however it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to pro-actively address these issues and adhere to our program rules.
FTC DISCLOSURE REQUIREMENTS
You shall include a disclosure statement within any and all pages, blog/posts, or social media posts where affiliate links for our affiliate program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us or from the affiliate management team for review, this also must be clearly stated in your disclosure.
Disclosures must be made as close as possible to the claims.
Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g. Disclosure should be visible before the jump).
Pop-up disclosures are prohibited.
For more information about FTC disclosure requirements, please review the FTC’s “Dot Com Disclosures” Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf; and the FTC’s Endorsement Guidelines at http://business.ftc.gov/advertising-and-marketing/endorsements.
PROHIBITION AGAINST SOLICITATION FOR RESIDENT AFFILIATES IN SELECT STATES
Due to local state tax laws, we unfortunately are not accepting affiliates residing in Arizona, Arkansas, Connecticut, Hawaii, Maine, Minnesota, Missouri, New Mexico, Nevada, Pennsylvania and Vermont. If at any time following your enrollment in the Program you become a resident of Arizona, Arkansas, Connecticut, Hawaii, Maine, Minnesota, Missouri, New Mexico, Nevada, Ohio, Pennsylvania and Vermont you will become ineligible to participate in the Program and your participation in the Program will automatically terminate, on the date you establish residency in that State. In addition, you must promptly notify us in writing of your Arizona, Arkansas, Connecticut, Hawaii, Maine, Minnesota, Missouri, New Mexico, Nevada, Pennsylvania and Vermont residency, which you may do via the Shareasale.com affiliate website.
The preceding paragraph only applies to affiliates that constitute organizations, clubs and nonprofit groups. You shall maintain prominently on your website information alerting your members to the prohibition against solicitation activities in these states as described above.
To be eligible to earn a commission on purchases, a customer must click-through a tracking link from your site to our site, add a course(s) to his or her shopping cart during a session and make a purchase before the session lapses. The session ends upon one of the following events: 30 days elapse from the customer’s initial click-through or the customer follows a third party’s tracking Link after clicking your tracking Link. Purchases will be commissioned as follows:
20% rev share for purchases made by new purchasers
20% rev share for purchases made by existing purchasers
We will only commissions on course purchases after order and payment have occurred. Affiliate sites that primarily promote coupons, deals, discounts, incentives, rebates and/or cashback will receive a 5% rev share for purchases made by new and existing purchasers.
All purchases and new user registrations will be reviewed monthly for validity and may be voided if the purchase or new user registration is fraudulent. If you are found to be in violation at any time of our Program policies, any purchase or new user registration commission due to you may be forfeited.
We retain all right, title, ownership, and interest in our intellectual property, including any and all copyright, trademark, or other proprietary rights therein. Nothing in these Terms shall be construed to grant you any right, title or ownership in our intellectual property.
Any information that you are exposed to by virtue of your participation in the Program, which information is not available to the general public, shall be considered to be “Confidential Information.” You may not disclose any Confidential Information to any person or entity, except where compelled by law, unless you obtain our prior written consent for such disclosure. You shall not use any Confidential Information except to the extent necessary to fulfill the purposes of these Terms.
We may, in its sole discretion, change, suspend or discontinue any aspect of the Program (in whole or part), an offer or link or remove, alter, or modify any tags, text, graphic or banner ad in connection with a link. You agree to promptly implement any request from us to remove, alter or modify any link, graphic or banner ad that is being used by you as part of the Program.
You hereby agree to indemnify, defend and hold harmless us and our respective subsidiaries, affiliates, partners, and licensors, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs) based on (i) any failure or breach of these Terms, including any representation, warranty, covenant, restriction or obligation you made herein, (ii) any misuse by you, or by a party under your reasonable control or obtaining access through you, of the links, offers or our intellectual property, or (iii) any claim related to your media, including but not limited to, the content contained on such media (except for the Links).
YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES RELATED TO THE PROGRAM OTHER THAN THE EXPRESS STATEMENTS IN THIS AGREEMENT, PROGRAM, LINKS, PRODUCTS AND SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED TO AFFILIATE “AS IS”. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. CL DOES NOT WARRANT THAT THE PROGRAM OR LINKS WILL MEET AFFILIATE’S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM OR LINKS WILL BE COMPLETELY ERROR- FREE OR UNINTERRUPTED. CL EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A CLIENT OR THEIR PRODUCTS OR SERVICES. CL DOES NOT GUARANTEE THAT AFFILIATE WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT OF THE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE LINKS, PROGRAM SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND OUR CONTROL. TO THE FULLEST EXTENT OF THE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. OUR CUMULATIVE LIABILITY TO AFFILIATE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO THE AMOUNTS WE PAID TO YOU DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.
GOVERNING LAW & MISCELLANEOUS
These Terms are governed by and construed in accordance with the laws of Washington State, without regard to its conflict of laws provisions. These Terms contain the entire understanding between the parties with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. These Terms are binding on, and inure to the benefit of, the parties’ legal representatives, successors, and valid assigns. We shall not be subject to, or bound by, any affiliate insertion order or online terms and conditions that amend, conflict with or supplement these Terms, regardless of whether we “click through” or otherwise indicates our acceptance thereof. You are responsible for the payment of all attorney’s fees and expenses incurred by us to enforce these Terms. You may not assign all or any part of these Terms without our prior written consent and any attempted assignment without our consent is void. We may freely assign these Terms. If any provision of these Terms is held to be void, invalid or inoperative, the remaining provisions of these Terms shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. Each party to these Terms is an independent contractor in relation to the other party with respect to all matters arising under this Agreement. Nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties. Neither course of dealing nor any delay in exercising any rights hereunder shall operate as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.