We reserve the right to modify these Terms at any time and will use reasonable efforts to notify you in the event we make any major changes.
1. DEFINITIONS. As used in these Terms:
(a) “FinancePal”, “we”, “us”, or “our” refers to FinancePal Business Services, LLC and our subsidiaries and corporate affiliates.
(b) “Affiliate”, “you”, or “your” refers to the individual or entity agreeing to these Terms. Any entity participating in the Program will be responsible for ensuring that its employees, agents, and contractors comply with these Terms.
(c) “Our website(s)” refers to FinancePal and any associated or predecessor sites we may designate.
(d) “Your website(s)” refers to any websites owned and operated by you where you will Link to our website.
(e) “Link(s)” and “linking” refer to the URL(s) developed by FinancePal or our agents and the process of connecting such URL(s) to your website(s) for purposes of promoting FinancePal, our websites and/or our products and services.
(f) “Program” refers to the FinancePal Marketing Affiliate Program as described in these Terms and any additional details we may publish and make available to you.
(g) “Program Materials” refers to any content developed by or on behalf of FinancePal pertaining to the Program, our websites or our products and services that are provided to you in connection with the Program.
(h) “Program Portal” refers to any websites and/or technologies owned or licensed to FinancePal to operate the Program. The Program Portal may be used for such purposes as delivery of FinancePal marketing collateral, creation and operation of the Links and associated tracking, delivery of campaign insertion orders, calculation and payment of any fees (or discounts, where applicable) available to you as a Program participant; and other reporting functions.
2. ENROLLMENT. After receiving your Program application, we will review the information you submit to us, including your website(s) and any other information submitted through the Program Portal that we deem relevant, and notify you as to whether you have been accepted or rejected for participation in our Program. We typically review and reply to Program applications within 48 hours; however it may take longer for your application to be reviewed. We reserve the right to reject any application in our sole discretion. If you feel we have made an incorrect decision in rejecting your application, you may contact us for reconsideration.
Once you are accepted into the Program as an Affiliate, we may also contact you for further discussion about your Program participation expectations and our current Program benefits.
3. PROGRAM BENEFITS. As a Program participant, you will be eligible to receive certain commissions for the marketing activities you perform on behalf of FinancePal. Commission rates and other campaign-specific details will be provided to you via insertion orders on the Program Portal or as otherwise agreed to or explained by the Parties.
4. PARTICIPATION REQUIREMENTS.
Your participation in the Program, including your website(s) and any technologies you employ in connection with your use of the Links and Program Portal, is subject to the following additional restrictions:
(a). Your websites and technologies may NOT 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.
(b). Your websites and technologies may NOT 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.
(c). You may NOT in any way copy, resemble, or mirror the look and feel of our website or the Program Materials without our prior written approval.
(d). You may 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.
(e). Your websites and related content may NOT infringe on our or anyone else’s intellectual property, publicity, privacy, or other rights.
(f). Your websites, technologies and practices may NOT otherwise violate applicable federal or state laws, rules, or regulations.
You have sole responsibility for the development, operation, and maintenance of your website and technologies you use to participate in the Program, including all content on or linked to your website. In addition to the Participation requirements listed in this Section 4, you must follow the other guidelines and adhere to any restrictions listed in the sections that follow.
5. USE OF LINKS & PROGRAM PORTAL. Your use of the Program Portal, Link(s) and Program Materials is subject to the following requirements and restrictions:
(a) You will use the Links and Program Materials without manipulation of any kind.
(b) All domains where you post or use our Links and the Program Materials must be listed in your profile on the Program Portal. In the event you change your URL(s) or wish to use another website(s), you must update your Program profile and receive our approval prior to promoting FinancePal or posting our Links or Program Materials on those site(s).
(c) You must keep all of your contact information, including banking details, up to date in the Program Portal. If you fail to do so, you may not receive your commissions and/or other Program benefits for which you would be eligible.
(d) You must agree to and stay in compliance with any end user terms associated with the Program Portal.
(e) You may NOT engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).
(f) You may NOT use 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.
(g) If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided, and your future commission level may be set to 0%. (This does not include using “out” redirects from the same domain where the affiliate link is placed.)
6. PAY PER CLICK GUIDELINES. If you are enrolled in our Program and participate in other Pay Per Click (“PPC”) advertising, you must adhere to these PPC guidelines:
(a) 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
(b) You may not use our trademarked terms in sequence with any other keyword (i.e. FinancePal Coupons).
(c) You may not use our trademarked terms or logos in your ad title, ad copy, display name or as the display URL.
(d) You may not direct link to our website from any Pay Per Click ad or use redirects that yield the same result. Affiliate links must be directed to an actual page on your website.
(e)You may not bid in any manner appearing higher than FinancePal for any search term in position 1-5 in any auction style pay-per-click advertising program.
(f) If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your program; we strongly suggest you add our trademarked terms as negative keywords.
We have a strict, no tolerance policy on PPC trademark bidding. You will forfeit all commissions earned for a minimum of the past 30 days prior to your PPC trademark bidding activities. We also reserve the right to reduce your further commissions to 0%, without notice, if we determine you have engaged in PPC trademark bidding using our trademarked terms.
7. ADDITIONAL RESTRICTIONS.
(a) Sub-Affiliate Networks. Promoting FinancePal, our websites, products or services through a sub-affiliate network is NOT permitted unless you submit a written request to us and obtain our prior written approval. Any authorized use of sub-affiliate networks may be subject to additional terms.
If you operate or employ a sub-affiliate network without obtaining our prior approval, your Program commissions may be forfeited or reduced, at our discretion, for any sales we may track or identify as a sub-affiliate network activity. We reserve all other rights in respect of any unauthorized use of sub-affiliate networks as set out in Section 11 of these Terms.
(b) Use of Domain Names. Use of any of our trademarked terms, or any substantially similar names, as part of the domain or sub-domain for your website is strictly prohibited (for example – your website may not be named www.financepaljobs.com or www.financepalaffiliate.com).
(c) Your Advertising Materials. You may not create, publish, distribute, or print any written material that makes reference to our Program or that modifies the Program Materials without first submitting your materials to us and receiving our prior written consent.
(d) Email Campaigns. If you intend to promote our Program via e-mail campaigns, the following will apply:
1. You must strictly abide by the CAN-SPAM Act of 2003 (the “Act”) (Public Law No. 108- 187) with respect to our Program.
2. E-mail must be sent by you or on your behalf by a reputable delivery provider/mechanism and must not imply that the e-mail is being sent by or on behalf of FinancePal.
3. All emails sent in connection with our Program must include appropriate opt-out link and messaging that comply with the Act.
4. All e-mail materials, including their content and any look/feel details, must first be submitted to us for approval prior to being delivered to third parties. We reserve the right to ask you to make corrections or changes to your e-mails prior to delivery.
5. You must include FinancePal as a recipient when sending e-mail messages so that we have a record of the delivery and your compliance with our requirements of the e-mail delivery.
6. Our approval of your email does not constitute compliance with the Act, and you may not assert any claim against us or any third party (including a regulator) that you are in compliance with the Act based upon our approval.
(e) Promoting FinancePal in Social Media. Your promotion of FinancePal, our websites and our products and services on Facebook, Twitter, and other social media platforms is permitted so long as you follow these general guidelines:
1. You are allowed to promote offers to your own lists; more specifically, you may use your affiliate Links on your own Facebook, Twitter, etc. pages.
2. You can NOT post your affiliate Links on FinancePal’s Facebook, Twitter, Pinterest, or other social media pages of our company in an attempt to turn those Links into commissions.
3. You can NOT run Facebook ads using the FinancePal trademarked terms or logos in any portion of your ad.
4. You can NOT create any social media account that includes FinancePal trademarked terms or logos in the page name, as a descriptor and/or as your username.
8. CONFIDENTIALITY & NON-SOLICITATION. Except as otherwise provided in these Terms or as granted by us with prior written consent, you agree that all information, including, without limitation, these Terms, our business and financial information, our customer and vendor lists, our pricing and sales information, and all other details concerning us or any of our corporate affiliates that are provided to you by us or on our behalf will remain strictly confidential and secret. You may not, and will prevent other parties acting on your behalf from, use any such information for any purpose other than your participation in the Program. Your confidentiality obligations stated in this Section will not apply solely to the extent that any such information is generally known or made available to the public by us prior to your use of such information. You will not use any information obtained from the Program to develop, enhance, or operate a service that competes with the Program, or assist another party in doing the same.
You agree to not solicit any employee of FinancePal during your participation in the Program and for a period of one year following your cessation or termination as a Program participant.
9. RELATIONSHIPS. Nothing in these Terms will be deemed to establish a partnership, joint venture, agency, franchise, sales representatives, or employment relationship between you (or any Affiliate Participant) and FinancePal or our corporate affiliates. You will have no authority to make or accept any offers or representations on our behalf. If you are currently employed by FinancePal or our affiliates, you and your immediate family members are prohibited from joining the Program and from earning associated commissions.
10. COMPLIANCE WITH LAWS.
(a) Generally.
In addition to your compliance with these Terms, you further agree that you will follow all applicable laws of the countries and states in which you operate and those countries and states where you promote FinancePal. For example, you will comply with the California Consumer Protection Act if you are conducting business in or promoting FinancePal to end users in California.
(b) FTC Disclosures Specifically.
You must include a disclosure statement within any and all of your websites, subpages, blog/posts, or social media posts where Links to our Program, the Program Materials or any materials created by you are presented as an endorsement or review or FinancePal, and all other locations where it is not or may not be clear to the viewer that the Link is a paid advertisement. Your disclosure statement should adhere to the following:
1. Your disclosures must be clear and concise, stating that FinancePal is compensating you for your review or endorsement.
2. Your Disclosures must be made at the beginning of the claims and may not appear solely in a “Terms of Use”, “Legal”, “About Us” or another linked page.
3. Your Disclosures should be placed above the fold and visible before any jump; scrolling should not be necessary to find you disclosure.
4. Pop-up, hover state and button disclosures are prohibited.
5. Your disclosures should be made in the same medium (e.g. video, text) as your endorsement or review claim.
These disclosure requirements apply to all social media, even when space is restricted (e.g. tweets). 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
11. FINANCEPAL RESERVED RIGHTS. We reserve the right, in our sole discretion, to set your future commission rates to 0%, suspend your Program accounts, rescind commissions accrued or previously paid to you, and/or remove you from the Program in the event of any fraudulent or misleading activity associated with your use of the Links or Program Materials, or any other Program violations committed by you or any party acting on your behalf, any party under your reasonable control or any party that obtains access to the Program, Links or our marketing materials through you (collectively “Affiliate Participants”).
Additionally, if we ask you for clarification or more information on any clicks, end user activity or content created by you that we suspect may be in violation of these Terms (including our policies referenced herein), we expect that you will respond in a timely and honest manner. We reserve all suspension, revocation and termination rights described in this Section 11 in the event that:
(a) you are not forthcoming, intentionally vague or are found to be lying;
(b) you are not responsive within a reasonable time period and after multiple attempts by us to contact you using the contact information listed in your Program Portal profile; or
(c) we have determined or suspect fraudulent activity related to your participation in the Program and request further information from you, and you cannot substantiate or validate the source of your traffic to our Program with clear and demonstrable proof.
12. INDEMNIFICATION. You hereby agree to indemnify, defend and hold harmless FinancePal and our subsidiaries, corporate affiliates, partners, licensors, directors, officers, employees, and service providers (the “FinancePal Participants”) 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 all representations, warranties, covenants, restrictions and obligations herein) by you or any Affiliate Participant; (ii) you or any Affiliate Participant’s misuse of the Links, Program Portal, Program Materials, our confidential information, or any other content or intellectual property connected with our Program; (iii) any claim related to your website, including but not limited to, the content contained on such website (excluding claims based upon our Links or the Program Materials); and (iv) your or any Affiliate Participant’s violation of applicable law, rule, regulation or court order.
13. DISCLAIMERS. THE FINANCEPAL MARKETING AFFILIATE PROGRAM AND LINKS, INCLUDING OUR PROGRAM MATERIALS, PRODUCTS AND SERVICES, ARE PROVIDED TO YOU “AS IS”. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. FINANCEPAL DOES NOT WARRANT THAT THE PROGRAM, LINKS, PROGRAM MATERIALS, OR ANY FINANCEPAL SERVICES OR PRODUCTS, WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM, LINKS OR PROGRAM MATERIALS WILL BE COMPLETELY ERROR-FREE OR UNINTERRUPTED. FINANCEPAL EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT, OMISSION OR ERROR OF ITS SERVICES PROVIDERS OR OTHER CORPORATE AFFILIATES OR THEIR RESPECTIVE PRODUCTS AND SERVICES. FINANCEPAL DOES NOT GUARANTEE THAT YOU WILL BE ELIGIBLE FOR OR EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.
14.LIMITATION OF LIABILITY. IN NO EVENT WILL FINANCEPAL OR FINANCEPAL PARTICIPANTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE LINKS, PROGRAM PORTAL OR PROGRAM MATERIALS; ANY TECHNICAL MALFUNCTIONS, COMPUTER ERRORS, CORRUPTION OR LOSS OF INFORMATION; OR FOR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND. IN NO EVENT WILL FINANCEPAL OR FINANCEPAL PARTICIPANTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY, WRONGFUL DEATH, OR 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 FINANCEPAL OR FINANCEPAL PARTICIPANTS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. FINANCEPAL’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY IN CONNECTION WITH THESE TERMS AND THE PROGRAM, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE LESSER OF (I) ONE THOUSAND DOLLARS OR (II) THE COMMISSION AMOUNTS PAID TO YOU BY FINANCEPAL DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.
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