Affiliate Program Terms and Conditions
First and foremost: be kind. Please do not abuse or misuse the affiliate system. Healthy communities are built on trust and we trust that the individuals who we work with will represent TTV honorably and respectfully.
The Affiliate program terms and conditions below constitute a legal agreement between the affiliate program participant (the Affiliate) and TenThousandVisions.com, (herein referred to as “TTV”), legal owner of the domain name and web site TenThousandVisions.com (herein referred to as “The Website”), each referred to herein as a “Party” and collectively as the “Parties”. The Affiliate program (herein referred to as “The Program”) allows the Affiliate to promote TTV’s products and receive commissions according to the terms below. The Affiliate’s agreement to be bound by these terms is acknowledged by the Affiliate’s sign up and participation in the program.
1. Participation in the Affiliate Program Terms
To enroll in the Program the applicants must sign up for an affiliate account via the TenThousandVisions.com website. All applications are manually reviewed within up to 10 business days. TenThousandVisions will decide in good faith if the application will be accepted or not. Applications may be rejected at the discretion of TTV if TTV determines that an applicant is unsuitable for the Program for any reason, including, but not limited to any previous history of the applicant of not complying with TenThousandVisions affiliate program terms, if the applicant’s website or activity can be related with any unlawful, defamatory, obscene, harassing or otherwise objectionable activity, such as facilitating illegal activity, promoting violence, promoting or assisting others in copyright infringement, participating in sending unsolicited email etc.
2. Affiliate Responsibilities Related to the Affiliate Account Data
The Affiliate is responsible for providing the full and accurate information requested by TTV in connection with the affiliate program registration and to keep it up to date at any time. Such information includes, but is not limited to: contact information, PayPal account address, etc. Failure to provide the correct addresses and PayPal information may result in the forfeiture of any Commissions due to the Affiliate. Commission Fees that are returned for invalid or insufficient information or for other reasons may be forfeited as well.
3. Affiliate Responsibilities Related to TTV
The Affiliate should use only advertising materials approved by TTV and should disclose the affiliate relationship with TTV in accordance with the FTC (http://www.ftc.gov/) advertising regulations. Any material that is not provided officially via the Affiliate User Area and not exclusively approved by TTV in a written form is deemed unapproved and may be subject to a removal request. The allowable promotional material may contain TTV’s trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, the Affiliate is granted a limited, non-exclusive, non-transferable license to access and download such promotional material and other designated promotional materials for placement on the Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by TTV. In utilizing the promotional material, the Affiliate agrees to cooperate fully with TTV in order to establish and maintain approved promotional material.
The inappropriate ways of advertising include, but are not limited to:
- Using any illegal or spam method of advertising like unsolicited email, unauthorized placing of the links in forums, newsgroups, message boards etc.
- Bidding on keywords and phrases containing the “TenThousandVisions” trademark, or variations or misspellings of the trademarked term on Pay per Click or Pay per Impression campaigns on the search engines (Google, Yahoo, MSN, Ask, Bing) without prior approval by TTV.
- Providing potential customers incentives that are not approved by TTV.
- Using TTV advertising materials, trademark or name in a way that is deteriorating for TTV’s image.
- Using iframes or any other techniques or technology that places your affiliate tracking cookie by any means other than an actual click-through.
TTV has the sole right to decide if a promotion method used by the affiliate is appropriate. In the case that TTV finds an advertising method used by the Affiliate for inappropriate this could result in warning, suspension, or possible affiliate account termination with no affiliate commission payments. Please do not abuse the affiliate system.
4. Affiliate Responsibilities Related to Affiliates’ Web Site Content and Domain Name
Affiliate web sites must NOT contain lewd, obscene, illegal or pornographic material, or any other material that is deemed to be objectionable. This includes, but is not limited to, bigotry, hatred, pornography, satanic materials, trademark and copyright materials, and all content of an adult nature. The designation of any materials as such described above is left entirely to the discretion of TTV. Affiliate web site(s) domain name(s) must NOT contain keywords and phrases containing the “TenThousandVisions” trademark or any other variations or misspellings confusingly similar to TTV trademark, name or domain name.
5. Affiliate tracking cookies
6. Terms for Earning Affiliate Commissions
The Affiliate is entitled to receiving the appropriate affiliate commission of the sales made by TTV, which correspond to ALL the terms below:
- The sale was made as a result of the active referring efforts of the affiliate. TTV accepts this is true in any of the following situations:
- If at time of order the customer has an active cookie indicating that the affiliate is the last one that has referred the customer to TTV’s website and at the same time the customer has not reached TTV website through a search engine with a search string not containing TTV name in it.
- If the affiliate claims that a customer has been referred by him/her and there are no objections to that fact by the customer and TTV does not have information that attributes the sale to another advertising channel.
- The sale was made to a person, who has not been using neither TTV’s hosting services nor has he ever created an affiliate account with TTV before.
- The sign up process of the customer was not completed by the affiliate himself.
- The sale is for any of the following products including but not limited to: prints, posters, and clothing.
- The initial order payment and any related payments of the referred customer are fully processed and are not subject to refund or charge back.
TTV reserves the right to deem invalid any sale upon its own discretion without being liable for further explanation and justification.
7. Terms for Affiliate Commissions Payment
Unless custom agreement exists, the affiliate commissions will be paid by TTV based on the structure outlined on the Affiliate program sign up page.
The Commission Rates are subject to change upon written e-mail notice to the Affiliate. Commissions deemed due and owed to the affiliate under the program terms outlined in section 5 will be paid directly by TTV after any holding period and in accordance with a regular payout cycle. The regular payout cycle is once a month. Affiliates will be paid via Paypal via the email address that the Affiliate provides.
TTV reserves the right to withhold any payouts of commissions for sales that are potentially fraudulent as determined by TTV.
TTV reserves the right to suspend payment of Commissions at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms in this Agreement by the Affiliate or a Referred Customer(s). TTV reserves the right to deduct from Affiliate’s current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, and canceled purchases. Where no subsequent Commission Fee is due and owing, TTV will send the Affiliate a bill for the balance of such refunded purchase upon termination of the program or termination of the Referred Customer.
8. Relationship of parties
The Parties under this Agreement are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the Parties. The Affiliate has no authority to make or accept any offers or representations on TTV’s behalf. The Affiliate cannot make any statement, whether on the Affiliate web site or otherwise, that reasonably would contradict anything in this section.
9. Termination of Affiliate Account
The Affiliate can cancel his/her Affiliate account at any time by contacting TTV via the Affiliate User Area. The Affiliate account is deemed canceled after a written confirmation from TTV’s team has been sent to the Affiliate. Any commissions due at the time of the Cancellation will be sent to the affiliate with the next monthly payout.
TTV can cancel each Affiliate account:
- with 7 day prior notice. Any commissions due at the time of the Cancellation will be sent to the affiliate with the next weekly payout.
- immediately with no prior notice, if the affiliate does not comply with the Affiliate program terms. In such case no prior warning or commission payments are due.
- immediately with no prior notice, if the affiliate has not generated any sales to TTV for a period more than 9 months.
After the cancellation of an affiliate account TTV will no longer track the sales associated with the affiliate and will not owe any commissions to the affiliate for future sales that may be associates with him/her.
10. Limitation of liability
YOU AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO THE AFFILIATE UNDER THIS AGREEMENT DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
TTV assumes all liability for processing and fulfillment of all orders to the best of its ability.
12. Affiliate Program Terms Change
TTV reserves the right to change the above terms at any time. Such changes will become effective and binding after their posting on TTV’s website. The Affiliate agrees to regularly review the Affiliate program terms and conditions and be aware of the changes made. By continuing to participate in the Affiliate program after a revision has been posted, the Affiliate agrees to abide by them.