This Affiliate Service
Agreement (the "Agreement") is made by and between Formuland Inc., a California, USA corporation ("formuland.com"),
and you, as an Affiliate utilizing the Formuland.com service ("You",
You must agree to abide by the terms and conditions contained in this Agreement
in order to participate. Please read this Agreement carefully before
registering and using the Service as an Affiliate. By signing up for formuland.com,
you indicate Your acceptance of this Agreement and its terms and conditions. If
You do not accept this Agreement, do not use the formuland.com Service as an
The following agreement is summarized as follows:
- We do not accept coupon code sites.
- You may not bid on our brand name (for example, formula land, formulaland, formuland, formuland coupon)
- You place our merchants banners anywhere on your site
as you see fit, or within non-spam emails.
- We may email you concerning new merchant programs
- We might change the service here and then
- Adult, Hate, or other related sites are not allowed
- You will be paid your commissions, at such time as your
account balance is $50 or more.
- All statistics are collected and calculated by Formuland.com,
and will be the only valid stats used for determining commissions.
- Any page that contains formuland.com links, banners, or
code must be written in English.
- As an affiliate, you can only have 1 account. You can
list multiple domains in one account, but only one account is allowed.
Self-referrals for affiliate or merchant accounts are strictly prohibited.
- You won't hold us liable for anything, a link to a non-formuland.com
Web site does not mean that formuland.com endorses or accepts any
responsibility for the content or the use of such Web site.
- You cannot SPAM. You cannot SPAM. You cannot SPAM. We
will terminate your account on the first offense of SPAMMING.
Do not send email to lists or groups that you do not have permission to
send to. We cannot stress this enough, we WILL terminate your account on
the first offense.
- You may place banners or links within your newsletters,
in content of your website, or within other web related content.
- Affiliate accounts that are left inactive will be
removed from our system if their balance is equal to or less than $25. If
an abandoned affiliate account has a balance between $25 and $50, a $25
fee will be assesed once per calendar month, until the balance is equal to
zero dollars - and is closed. At no time will an affiliate ever owe monies
to Formuland.com, Inc. based on fees - the account will simply be closed.
An abandoned affiliate account is defined as any account that has not been
logged in to for a period of 6 months, nor have any transactions been
posted to that account. If one or the other of those conditions are true -
the account will remain in an active state.
- NOT ALLOWED: All
other uses of banners or links, such as newsgroups, chat rooms, ICQ,
message boards, banner networks, hit farms, counters, or guestbooks etc.
are NOT allowed.
- NOT ALLOWED: Any
placement of creative in a "Desktop" advertising scheme. This
includes any and all 3rd party advertising platforms that use a desktop
application to display ads in any form.
- NOT ALLOWED: Any
display of a merchant window that isn't the result of a direct click by
- Failure to abide by these rules could mean termination
from a given merchant program, or from formuland.com completely with
a complete forfeit of commissions.
- Fraud is a serious offense, and will be treated as
such. Fraud is defined as any action that intentionally attempts to create
sales, leads, or click-throughs using robots, frames, iframes, scripts, or
manually "refreshing" of pages, for the sole purpose of creating
commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP
TERMINATION AND VOIDED COMMISSIONS.
- You cannot refer yourself as a Merchant with Formuland.com
and receive commission. Sorry.
formuland.com respects the privacy of its users and will not disclose personal
information to third parties without the express permission of You and Your company.
If You have any questions please contact email@example.com.
formuland.com reserves the right to send e-mail to You for the purposes of
informing you of applicable changes or additions to the Service or any formuland.com
related products and services.
CHANGES TO THE SERVICE
formuland.com reserves the right to change, modify, add or remove portions of
this Agreement at any time and may add to, change, suspend or discontinue any
aspect of the Service at any time. In the event of any material change, formuland.com
will notify You via e-mail, newsletter or the formuland.com Web site at least 7
days prior to any such changes taking effect, at which time You may either
agree to such changes or withdraw from the Service.
To sign up as an Affiliate of formuland.com and to use the Service as an
Affiliate Partner you must be at least 18 (eighteen) years of age.
THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN formuland.com:
ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE,
BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not
limited to WAREZ, CRACKING, and HACKING SITES. As part of the registration
process, You will select a username and password combination that You use to
access Your Affiliate area within the Service. You shall provide formuland.com
with accurate, complete and updated registration information. You may not
select the name of another person with the intent to impersonate that person or
deceive members or other users as to Your true identity. You agree that formuland.com
may rely on any data, notice, instruction or request furnished to formuland.com
by You which is reasonably believed by formuland.com to be genuine and to have
been sent or presented by a person reasonably believed by formuland.com to be
authorized to act on Your behalf. You shall notify formuland.com by e-mail at firstname.lastname@example.org of any known or suspected
unauthorized uses of Your Account, or any known or suspected breach of
security, including loss, theft or unauthorized disclosure of Your username and
password. You shall be responsible for maintaining the confidentiality of Your
username and password and You are responsible for all usage and activity on
Your Account, including use of the account by a third party authorized by You
to use Your Account. Any fraudulent, abusive or otherwise illegal activity may
be grounds for termination by formuland.com and referral to the appropriate law
You represent to formuland.com that all content You provide to the Service is
solely owned by You or provided by You with the express authority of the
company You represent, does not infringe upon any other individual's or organization's
rights (including, without limitation, intellectual property rights) and is not
defamatory, libelous, unlawful or otherwise objectionable. You shall not
provide, promote, distribute, place or otherwise publish as an Affiliate of the
Service any content, or Web site that includes content, which is libelous,
defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As formuland.com
may not review all information provided by You, You shall remain solely
responsible for Your content and Web site. As an Affiliate, You may not
artificially inflate traffic counts to Merchant site(s) using any device,
windows and redirects. You may not click on Your own banners and/or links or
submit multiple leads to Your Merchant partners.
Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner
networks, counters, chatrooms or guestbooks. Any Link placed must be done in
such a way that it is not misleading to any Visitor and done with the intention
of delivering valid sales, leads, or clicks to the related Merchant for that
Points or reward programs for click or lead programs are NOT allowed. formuland.com
RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A
MEMBER OF formuland.com. If You are terminated from the Service, formuland.com
has the right to withhold money You earned within the Service or money that You
owe within the Service and You will not be allowed to re-join formuland.com.
The Service, its operation, its use and the results of such use shall be
performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, formuland.com DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE
RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, formuland.com SPECIFICALLY
DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES
OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE
SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU. The Merchant will make reasonable commercial efforts to
keep its transaction service operational during normal business hours. However,
certain technical difficulties may, from time to time, result in temporary
service interruptions. Affiliate understands and acknowledges that it is normal
to have a certain amount of system downtime and further agrees not to hold the
Merchant liable for any of the consequences of such interruptions. MERCHANT
SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR
DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR
SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. MERCHANT
SHALL HAVE NO LIABILITY WITH RESPECT TO MERCHANT OBLIGATIONS HEREUNDER OR
OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE
DAMAGES EVEN IF MERCHANT HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF
MERCHANT HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY MERCHANT AS A
DIRECT RESULT OF THIS AGREEMENT.
LIMITATION OF LIABILITY
formuland.com OR ITS SUPPLIERS OR RESELLERS OR MERCHANTS SHALL NOT BE LIABLE TO
YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY
TO USE THE formuland.com SERVICE OR ANY INFORMATION PROVIDED ON THE formuland.com
WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR OTHER DATA, EVEN IF formuland.com OR A formuland.com AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY
CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE
OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, formuland.com'S
LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH
WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
You agree that formuland.com, although the provider of the Service, has no responsibility
or liability as a result of Your placement of authorized Links from Your Web
site, and You, and the Merchant, jointly and severally agree to indemnify,
defend, and hold harmless formuland.com and its affiliates, officers,
directors, employees and agents from and against any and all liability, claims,
losses, damages, injuries or expenses (including reasonable attorneys' fees)
directly or indirectly arising from or relating to any offer or any other
matter related to this Agreement or the subject matter hereof and any dispute
formuland.com agrees to indemnify, defend, and hold harmless Affiliate and its
affiliates, officers, directors, employees and agents from and against any and
all liability, claims, losses, damages, injuries or expenses (including
reasonable attorneys' fees) directly or indirectly arising from or relating to formuland.com's
negligence or willful misconduct in performance of the Services or its breach
of this Agreement.
formuland.com acknowledges that in the course of this Agreement it shall have
access to confidential and proprietary information ("Confidential
Information") of Your company. formuland.com agrees not to disclose or
disseminate the Confidential Information without Your prior express written
consent. The term "Confidential Information" shall not include
information that is or becomes part of the public domain through no action or
omission of formuland.com, that becomes available to formuland.com from third
parties without knowledge by formuland.com of any breach of fiduciary duty, or
that formuland.com had in its possession prior to the date of this Agreement. formuland.com does
not collect information about a Merchant's customer transactions,
other than what is passed to us through the installed tracking code and
displayed on Your own transaction reports. Any information we receive is used
solely for tracking and Commission payment purposes. formuland.com reserves the
right to be able to utilize this data in aggregate to analyze Service trends,
monitor Service efficiencies, and perform such other analysis as formuland.com
You, the affiliate, warrants, represents and covenants to Formuland that You will comply with all applicable privacy
and data protection laws, and rules and regulations applicable to the use of
the Services. You shall establish and maintain physical, electronic and
procedural safeguards, including the use of keycards, codes, intrusion
detection systems, user names, passwords and encryption software, to prevent
the unauthorized access, use, copying, disclosure, modification, transference,
destruction, loss, or alteration of any personal identifying information
("PII"), including a person's name, address, telephone number, email
address, age, social security number, credit card or debit card number, IP
address or any other information that is personal or is likely to enable
identification of a specific individual, during Your use, transmission or
storage of any such PII. Where applicable law requires consent for the cookies
served by Formuland, You warrant that You
will obtain the prior, freely given, specific and informed consent of any
Visitors to any cookies served (or other similar technology used) by Formuland on the Visitor as a result of a click.
OWNERSHIP AND LICENSES
You, the Affiliate, are granted a non-exclusive, limited, revocable right to
use Merchant provided trademarks and banners. All images, technology and
content provided for Your use is and shall remain the sole property of the
Merchant, and no part thereof shall be deemed assigned or licensed to You
except as explicitly provided for herein. All intellectual property rights,
including trademarks, copyrights, patent rights or applications, tradenames and
service marks related to the foregoing shall remain the Merchant's sole
property, including rights in and to any derivatives thereof. You may not
modify the trademarks, banners, the content or any of the images provided to
You in any way.
A Merchant may immediately terminate Your license to use the marks if the
Merchant reasonably believes that such use dilutes, tarnishes or blurs the
value of their marks. You acknowledge that Your use of the marks will not
create in You, nor will You represent that You have, any right, title or
interest in or to the marks other than the license granted by the Merchant
above. You will not challenge the validity of or attempt to register any of the
marks or Your interest therein as a licensee, nor will You adopt any derivative
or confusingly similar names, brands or marks or create any combination marks
with the marks. You acknowledge the Merchant's ownership and exclusive right to
use the marks and agree that all goodwill arising as a result of the use of the
marks shall inure to the benefit of the Merchant.
formuland.com makes no representations whatsoever about any other Web site
which You may access through the Service. In addition, a link to a non-formuland.com
Web site does not mean that formuland.com endorses or accepts any
responsibility for the content or the use of such Web site.
Affiliate or formuland.com may assign this Agreement to any successor or
affiliate upon notice to the other party and mutual agreement between both
Neither party shall be liable hereunder by reason of any failure or delay in
the performance of its obligations hereunder on account of strikes, shortages,
riots, insurrection, fires, flood, storm, explosions, acts of God, war,
governmental action, labor conditions, earthquakes or any other cause which is
beyond the reasonable control of such party.
This Agreement shall be governed by Illinois, USA law (except for conflict of
law provisions). The exclusive forum for any actions brought in connection with
this Agreement shall be in the state and federal courts in and for the State of
Illinois, USA and You consent to such jurisdiction. The application of the
United Nations Convention on the International Sale of Goods is expressly
This Agreement represents the complete agreement concerning this license and
may be amended only by a writing executed by both parties. THE ACCEPTANCE OF
ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT
TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any
provision of this Agreement is held to be unenforceable, such provision shall
be reformed only to the extent necessary to make it enforceable.