Turn one affiliate program into publish-ready content

Commission

The following Terms and Conditions (“Terms and Conditions”), together with any and all Acceptable Use Policies, guidelines, previously posted amendments, schedules, attachments and exhibits (collectively, the "Agreement"), set forth the terms and conditions that shall govern the relationship between Brand Reward Inc. (“Brandreward”) and you as a publisher (“You,” “Your,” or “Publisher”) using the advertising service offered through the Brandreward network ) located at www.brandreward.com (the “Site”) (the "Service(s)"). The Service is a nonexclusive, online, performance-based marketing network sponsored by Brandreward. You and Brandreward may also be individually referred to herein as a “Party” and collectively as “Parties.” You agree to use the Site, the Service and any additional products and/or services offered by Brandreward only in accordance with the Agreement. Brandreward reserves the right to amend, supplement, make changes to, or replace entirely the Site, the Service, and the Agreement at any time and without prior notification. You will be notified of any/all changes and/or modifications to the Agreement. Your continued use of the Site and/or the Service after any such modification thereof shall constitute Your consent to such modification. Therefore, You should regularly check the Site for updates and/or changes. For purposes of the Agreement “Publisher” includes the individual, company or entity and, without limitation, any parent entities, owners, subsidiaries, publishers, predecessor or successor entities, and any agents, officers, directors or employees acting on behalf of same, registering with Brandreward to use the Service. | Special assistance is available for persons with disabilities. If You need assistance accessing our Site, please email us at support@brandreward.com or call us toll free at +1 (512) 961-8992 | If You do not agree to the Terms and Conditions in its entirety, You are not authorized to register as a Publisher, use the Service and/or use the Site, in any manner or form whatsoever. As and when needed, You agree to cooperate and communicate with Brandreward. The foregoing communication shall include transparency with respect to the traffic and/or marketing and advertising information in connection with Your website and authentication and/or verification of ownership of Your web assets. In addition to any other rights set forth herein, at law or in equity, Brandreward shall have the right to remove access, deactivate accounts, and/or withhold payments to You in the event You fail to communicate transparently with Brandreward. | Brandreward solicits customers on behalf of its advertising clients (a "Brandreward Client" or the "Brandreward Clients") through the placement of advertising offers ("Offers") published by members of the Service or their "Sub-Publishers," as defined below. Offers may be, banners, gateways, text links, or any other advertising format that Brandreward may provide of a Brandreward Client's products and/or services that are published by members of the Service. The Service enables Publishers to apply for and, upon approval by Brandreward, have an opportunity to earn “Commissions” through participation in various advertising campaigns (“Programs”) offered by Brandreward or Brandreward Clients in accordance with the Agreement. “Commissions” are generated from a specified transaction (“Action”) as defined by Brandreward. Actions include, without limitation, sales, registrations, leads, impressions, and/or clicks. Brandreward may, at its sole discretion, change a Program at any time, without prior notice to You, unless otherwise specified. Similarly, You may cease participation in a previously accepted Program at any time, unless otherwise specified. Program data compiled by Brandreward including, but not limited to, numbers and calculations regarding Actions and associated Commissions (“Program Data”), will be directly and/or indirectly calculated by Brandreward through the use of industry standard tracking technology and shall be final and binding on You. Any questions and/or disputes regarding the Program Data must be submitted in writing within seven (7) days of initial appearance in the tracking system, otherwise the Program Data will be irrevocably deemed to be accurate and accepted by You. You understand and agree that Brandreward shall be permitted to block and/or regulate traffic that it deems fraudulent, including, but not limited to robot traffic, and illegally obtained traffic. Publisher understands and agrees that on occasion the Service may be inaccessible, unavailable or inoperable for any reason, including, but not limited to, equipment malfunctions, periodic maintenance procedures or repairs, or causes beyond the control of Brandreward or which are not reasonably foreseeable by Brandreward including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, the unavailability, operation, or inaccessibility of websites or interfaces, network congestion or other failures. Brandreward will attempt to provide the Service on a continuous basis. However, Publisher acknowledges and agrees that Brandreward has no control over the availability of the Service on a continuous or uninterrupted basis. Brandreward’s failure to deliver because of technical difficulties does not represent a failure to meet the obligations of the Agreement. Brandreward may, at its sole discretion, refuse to register You as a Publisher, terminate Your participation in the Service, and/or terminate Your participation in any Program at any time for any reason. | All information that you provide to Brandreward must be complete, accurate, and honest. Any falsification of personal information will result in the immediate termination and forfeiture of all Commissions up through and including the date of termination. Such information may include, without limitation, Your email address, telephone number, date of birth, gender, driver’s license number/state of issuance, or passport upload, social security number/EIN (if in the United States), and other means by which Brandreward may employ to identify You. And at all other times, when the information You provided is changed, You must update the information to keep it accurate, complete and current. | As a condition of Your membership, You represent, warrant, and covenant on a continuing and ongoing basis, that Your website: (a) does not violate any state or federal laws or regulations, without limitation, governing: (i) false or deceptive advertising; or (ii) sweepstakes or gambling; (b) does not contain any trade disparagement or libelous, defamatory or infringing content; and (c) does not contain any machine-readable code that could be unintentionally downloaded onto a recipient's computer (such as a worm, virus, Trojan Horse or other self-executing computer program). Further You understand that You are solely responsible for Your password and other private information in connection with your use of the Service and/or Site. In the event your password or other private information becomes public due to Your acts or omissions, Brandreward shall not be liable. | Websites that do not feature customer-friendly site navigation or contain acceptable content (including pornographic or hateful content) that Brandreward, in its sole discretion, determines does not meet a reasonably acceptable commercial or aesthetic standard are not eligible for membership. If Brandreward, in the exercise of reasonable discretion, determines Your website to be ineligible, all Commissions, whether earned or unearned, shall be forfeited. | Your participation and membership in the Service will commence on the date Your application is accepted and will continue until terminated by one of the Parties. Brandreward reserves the right to terminate an existing membership at will, in its sole discretion, for any reason/cause, or for no reason/cause at all. | Upon submission of your application, You will be issued an affiliate identification number or key. The aforementioned affiliate identification number shall serve as a personal identifier. Your use of the aforementioned affiliate identification number and Your login information shall not, under any circumstances whatsoever, be distributed to and/or used by a third-party, including, without limitation, any Sub-Publisher. You are the sole authorized party with access to the affiliate identification number. You are solely and fully responsible for all activities that occur under Your affiliate identification number. You agree that You shall monitor Your affiliate identification number to prevent use by other persons and You will accept full responsibility for any unauthorized use. You may not authorize others to use Your affiliate identification number, and You may not assign or otherwise transfer it to any other person or entity. You may not use your affiliate identification number or key on websites other than those specified by Brandreward. Should You suspect that any unauthorized party may be using Your affiliate identification number, You will notify Brandreward immediately. Brandreward will not be liable, and You may be liable for losses, damages, liability, expenses, and fees incurred by Brandreward or a third party arising from someone else using Your affiliate identification number, regardless of whether You have notified Brandreward of such unauthorized use. | Publisher may desire to use non-member business partners and/or associates to distribute Offers, fulfill the obligations, and/or exercise the rights under a particular Program. For the purposes of this section, any of Publisher’s business partners or associates that participate in or perform any activities on behalf of Publisher under the Agreement shall be considered to be a “Sub-Publisher.” All Sub-Publishers must first independently apply and be accepted by Brandreward prior to participation. Brandreward reserves the right to reject any and all Sub-Publishers and may revoke a prior approval of any Sub-Publisher at any time and for any reason. Sub-Publishers must meet the same criteria for approval as the Publisher and must comply with all the terms and conditions that are applicable to Publisher under the Agreement. To provide the Services, Brandreward may need to engage other third party providers. Brandreward does not endorse such third party providers’ services in no event shall Brandreward be responsible or liable for any products or services of such third party providers. | 8. Relationship among Publisher, Sub-Publisher(s) and Brandreward | Publisher is responsible for and shall fully and unconditionally indemnify Brandreward for any and all acts and omissions of any of its SubPublishers, including the payment of attorneys’ fees and costs. Each Sub-Publisher shall, for purposes of these Terms and Conditions, be deemed to be an agent of the Publisher and You are responsible in all respects for the activities of Your Sub-Publishers. Any breach by Your Sub-Publishers of the Agreement shall be deemed a breach by You. It is understood and agreed between You and Brandreward that (a) Brandreward is not and shall not be party to any agreement between You and any Sub-Publisher, (b) You are not authorized to make any commitments on behalf of Brandreward to any Sub-Publisher, including but not limited to any payment or other commitment by Brandreward, and (c) no license other than the license set forth in herein may be extended by You to any SubPublisher. Additionally, Brandreward may, at its sole discretion, terminate a Publisher at any time based on the actions of that Publisher’s Sub-Publisher(s). Once express approval of a Sub-Publisher has been granted by Brandreward, notices to the Publisher shall be deemed notice to that Publisher’s approved Sub-Publisher(s). Publisher agrees that Brandreward is under no obligation to pay a Sub-Publisher. Brandreward further reserves the right to withhold or refuse payment to any Publisher in the event that any of its Sub-Publishers breach the Agreement. | Nothing in Brandreward's permission to engage Sub-Publishers may be construed as extending to any Sub-Publisher the status of third-party beneficiary of any agreement between Brandreward and You, including without limitation these Terms and Conditions. | By accepting membership in the Service, You agree to refrain from originating, authorizing or participating in any non-consensual campaigns or promotions, whether by e-mail, telephone or otherwise, including but not limited to "spamming." Email distribution may only be made to those recipients who have agreed in advance to receive such transmissions from You (i.e., "opted-in"). Where use of e-mail marketing is authorized by Brandreward, the following terms shall also apply. Any and all e-mails supplied by Publisher: (a) shall comply with all applicable federal and state laws including, but not limited to, the CAN-SPAM Act of 2003, as amended (CAN-SPAM) and any and all Federal Trade Commission implementing regulations; (b) must not infringe, misappropriate or otherwise violate any copyright, patent, trademark, trade secret or other similar intellectual property right, or otherwise violate or breach any duty toward, or rights of, any person or entity including, without limitation, rights of privacy and publicity; (c) must not result in any consumer fraud, product liability or breach of contract to which Publisher is a party or cause injury to any third party. Publisher shall cause a valid physical postal address for Publisher (and/or the applicable advertiser) and a functioning unsubscribe link (such unsubscribe link must remain active for at least thirty (30) days after e-mail delivery) to be present and appear, as required by applicable law. Brandreward reserves that right to add such address(es) should Publisher fail to include same, but Brandreward is in no way responsible for including such address(es) where Publisher fails to do so. By accepting membership in the Service, You further agree that You shall not: (a) display fewer than 3 lines of terms and conditions text above the fold with 1024 screen resolution and Internet Explorer standard settings (i.e. menu bar, address bar), even if such text is i-framed within an offer or other website; (b) pre-populate any cell phone number input fields, even if an end-user filled out a similar form field on a prior page/step; (c) display price and/or subscription terms at less than 12-point font size or lower than 125 color contrast; (d) use any scroll-boxes around terms and conditions, including, without limitation, in a 1024 screen resolution with standard Internet Explorer/Firefox settings, i.e. displaying terms and conditions text in a distinct scrolling area (i-frame/frame/auto-resize); (e) engage in any “stacked” marketing practices, e.g., without limitation, multiple ads for premium SMS content back to back with no obvious method to skip ads, and multiple premium SMS pop-up ads appearing when an end user clicks on a link or attempts to close a page; (f) bid on or purchase keywords from a search engine service provider that include the trademark, service mark and/or brand name of any Company product and/or any affiliate or Brandreward Client, or any derivative of any such trademark, service mark or brand name; (g) deliberately target customers under 13 years of age; and (h) auto spawn of browsers, automatically redirect visitors, use blind text links, misleading links, or forced clicks; (i) make any representations, warranties or other statements concerning Brandreward or any of its products or services on any websites except as expressly authorized herein; (j) create or utilize any websites that copy or resemble the look and feel of any of Brandreward’s websites or create the impression that such website is endorsed by Brandreward or a wireless carrier without prior written permission from Brandreward; (k) use, in any way, non-approved websites or web pages, or in such a fashion that may be deceptive to the visitor; (l) drive traffic using any downloadable applications without the prior written approval of Brandreward; (m) pre-populate the “Cell Phone Number” or PIN number field on any sign-up page relating to a Brandreward product or service; (n) use the term “free,” or any derivative thereof, to directly or indirectly market a Brandreward product or service; (o) alter the size of font or font context (i.e. boldface) of any text associated with an offer for a Brandreward product or service; (p) imply directly or indirectly that a Brandreward product or service has been endorsed by a third party entity (i.e. a cell phone carrier or celebrity) or use the trademark or brand name of any such third party entity to promote the Brandreward product or service; (q) imply directly or indirectly that You are Brandreward, including, but not limited to by, falsely claiming to be a staff member of Brandreward or counterfeiting Brandreward’s trademarks . Any violation of this Section by You or any third-party shall be deemed a material breach of the Agreement by You, and You shall be fully liable to Brandreward for all losses and damages, including, without limitation, legal expenses incurred by Brandreward as a result thereof. In addition to the foregoing, in no event shall Brandreward be liable for any losses incurred by Brandreward as a result of the acts or omissions of You.

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