Last Modified: 10 November 2015
This Agreement contains the complete terms and conditions governing the relationship between Acacia Tree Media Inc. ("Company"), the owner and operation of SpeechDeck.com, and a participant in the SpeechDeck.com Affiliate Program ("Program"). This agreement refers to you, the participant, as the "Affiliate".
You must receive email approval from the Company before you become an Affiliate and before this agreement takes effect. The Company reserves the right to withhold or refuse approval for any reason or for no reason. Approval may be withdrawn by the Company, at any time for any reason.
The purpose of the Program is to allow the Affiliate to refer sales leads to SpeechDeck.com, in exchange for sales commission.
Company Rights & Obligations
The Company will review the Affiliate's application and send an approval or rejection email.
The Company will provide a web console on which the Affiliate can:
- Create coupon codes that will give potential customers product discounts, and provide a means of identifying the Affiliate as the source of the sale.
- Create referral URLs that can be linked from an online source to apply a coupon code automatically, and given to potential customers.
- Track number of leads directed to affiliate URLs and Coupon codes used by leads
- Track the number of sales and commission due to the Affiliate
The Company maintains the right to monitor any marketing channel used by the Affiliate for compliance with the terms of this agreement.
The Company will track all leads and monitor all web traffic for fraud.
Affiliate Rights & Obligations
Affiliate agrees to operate as an independent contractor. Nothing in this agreement will create any partnership, joint venture, agency, franchise, or employment relationship. Affiliate may not make or accept offers on the Company's behalf or contradict this agreement.
Affiliate agrees to provide truthful and complete information on the Affiliate application and in all correspondence with Company representatives
Affiliate agrees not to use any SpeechDeck.com trademarks, graphics, affiliate links, coupons, or other text identifying SpeechDeck.com in association with any content which contains, links to, redirects to, or promotes:
- Sexually explicit material
- Violence or hate speech
- Illegal activity
- Infringement on any third party copyright, trademark or other intellectual property
- Material which has been identified by the Company to be defamatory, harassing, unethical, or objectionable as determined at the sole discretion of the Company
- Programs, chain letters, ponzi schemes, and other systems which provide no equitable business value
- Software, robots, scripts, or automation tools that accesses any web site or service without manual interaction of a human being
- website material intended to appropriate copyrighted text, resemble SpeechDeck.com trademarks, or imply ownership by SpeechDeck.com or Acacia Tree Media Inc.
EMAIL ADVERTISING -
Affiliate must obtain permission from company before placing a referral URL or coupon code in any bulk email message that shall be delivered to more than 10 recipients.
Affiliate must maintain proof the each recipient has provided consent to receive said emails, and will supply Company with proof of Consent within 24 hours of a request.
Affiliate must comply with all customer protection and SPAM legislation that is legally incumbent upon the Affiliate.
Email advertising must make clear that SpeechDeck.com is a sponsor or affiliate link and not the originator of the email.
PAID ADVERTISING -
Affiliate may use any Company supplied ads or visuals in in pay per view or pay per click advertising.
Affiliate may not use the "SpeechDeck" brand name as a paid keyword without prior approval.
Affiliate should generate a unique coupon code for each unique ad/origin.
Any ads supplied by the Company may be linked to any referral URL supplied by the Company on a website owned and operated by the Affiliate.
Any other text, reviews, or promotions written by the Affiliate must comply with FTC regulations regarding the disclosure of affiliation, compensation, testimonials, sponsors, and endorsements.
Posts on third party websites, including forums, discussion boards, email signatures, and social networks are allowed only when the Affiliate's identity is conspicuous, unabiguous, clear, unobscured, and not misrepresented. Any such posts must make it make clear that the Affiliate originates the post and not SpeechDeck.com.
Any posts on third party websites and services, must comply with the terms and conditions of that site or service. Affiliate may post only to such services or websites that specifically allow commercial postings.
Affiliate must seek advanced permission from Company before using any incentivized marketing other than a coupon discount created at SpeechDeck.com. This includes but is not limited to: contests, raffles, sweepstakes, cash awards, point programs, third party discounts, or merchandise rewards.
TerminationThis agreement becomes effective upon Affiliates notification of acceptance into the Program. Either party may terminate this agreement with 3 days written or email notice to the other party.
Upon termination, the Affiliate must cease all advertising under the Program, and remove all SpeechDeck.com graphics and trademarks from digital media in Affiliates control. At the request of the Company, the Affiliate must also request the removal affiliate promotions, referral URLs, coupon codes, and SpeechDeck.com graphics and trademarks from any third party service used by the Affiliate.
In the event of suspected fraud, the Affiliate will be contacted by email and the account may be frozen immediately, without notice, pending reasonable explanations provided by the Affiliate and accepted at the Company's sole discretion.
ModificationThe Company may modify this agreement at its sole discretion at any time. Affiliate may monitor the changes to this agreement using the date at the top.
The Company will notify the Affiliate by email of any significant changes. Unless the Affiliate provides notification of termination within 5 days from such notice, the Affiliate agrees to the modifications.
Affiliate shall earn commission only on sales of SpeechDeck Essentials cards (physical or digital), or the first payment of a SpeechCrafter subscription or training product which includes Essentials cards. No commissions will be paid on other services.
Commission will be earned per new lead, not per sale--only on the first purchase of each customer. No commissions will be paid on multiple quantities, reorders, add-on services, or future purchases of a customer that has already created an account on SpeechDeck.com or made a purchase in the past.
The commission will be calculated as follows for each eligible sale: fifteen US dollars minus the dollar amount of the coupon the customer applies to his/her shopping cart. The Affiliate creates the coupons and can choose the amount of any coupon. No coupon will be subtracted from the Affiliate commission unless the Affiliate chooses to use a coupon or affiliate URL linked to a discount coupon. The affiliate may choose a zero dollar discount.
No commissions will be payable until Affiliate has generated ten or more sales. As soon as the tenth sale is made, the commission for the first 10 sales will be paid on the regularly scheduled payment day following the end of the current month. Once the 10 initial sales are complete, there is no minimum payment.
Bonus commission will be paid after the 100th sale. Beginning in the month of the 100th sale, an additional $2 will be paid for each sale. The bonus will be retroactive only to the beginning of the month in which the 100th sale was made and will not apply to any commissions already received. After the 500th sale the bonus will increase to $5 per sale.
All unpaid commissions due to the Affiliate--except commissions frozen due to suspicion of fraud--will be paid by PayPal to the email address on record on or about the 10th day of the each month, for all commissions earned through the last day of the proceeding month.
Company will deliver itemized commission statements to the Affiliate upon request.
Any questions or disputes regarding commission payments, or requests for custom statements must be received by the fifth day of the month following that in which the sale was made, or within an additional 5 days from receiving a custom statement. Otherwise, the scheduled payment and information will be deemed accurate and accepted by the Affiliate.
No payments or commissions will by paid for leads or customers directed to SpeechDeck.com after either party sends a request for termination of this agreement.
As required by U.S. Law, U.S. Residents will be required to submit a W-9 form before payments can be made.
All Affiliate Coupons will expire after 6 months. Affiliates can generate a new coupon at any time. No commissions will be earned on leads generated through expired coupon codes or expired referral links.
Restrictions & Fraud
Any report of SPAMMING or unsolicited commercial email is grounds for immediate termination.
Affiliate may not share a SpeechDeck.com account or password with another individual or company. Affiliate is legally responsible for any actions undertaken using Affiliate's password.
Affiliate may not use the SpeechDeck name, deliberate misspellings, or derivative terms without prior consent.
Affiliate may not automatically or manually act as a proxy for potential customers. Customer leads must access the SpeechDeck.com site manually, deliberately, and on their own.
Any attempt to create, modify, delete, or overwrite the affiliate cookie, except by a customer initiated click, shall be considered fraud.
Company actively monitors leads, pageviews, and sales transactions for fraud. Fraud may be suspected in the event of extremely high or low click-through or conversion rates relative to affiliate averages. Fraud may also be suspected due to any suspicious sources, IPs, geographic region, duplicates, similarity, automation, account activity, refund rate, and other measures. Fraud may also be suspected due to any client reports, fake redirects, automated software, or link cloaking.
At the Company's discretion, any suspicion of fraud will result in an immediate freeze on the Affiliate's account and payments.
In ALL cases of suspected fraud, the Affiliate will be contacted and encouraged to provide a reasonable justification for the suspicious patterns. Should the Affiliate provide acceptable justification as determined at the sole discretion of the Company, the Affiliate account will be reactivated. Any account that has been frozen will have an automatic 60 day delay placed on payment of affiliate commissions.
If an account that has been frozen at any time is terminated due to suspicion of fraud, but without proof, all payments due will be held for an additional 180 days, and paid only if verified to be legitimate by the customer leads themselves.
Should the Company verify an instance of fraud or other violation of this agreement with substantial proof, all commissions on the Affiliate account will be forfeited, regardless of account balance or waiting period.
Company grants Affiliate a non-exclusive, non-transferable, revocable right to use SpeechDeck.com Trademarks and graphics provided that 1) they were supplied through the Affiliate's SpeechDeck.com Program account or by permission of the Company, and 2) They are used only in accordance with this agreement, and 3) The Affiliate's account has not been terminated or frozen
Both Company and Affiliate agree to keep confidential the other party's proprietary information, and will not disclose any identifying or private information without consent, unless such disclosure is a) necessary and permitted in connection with the performance of this agreement or (b) required by applicable law, or (c) doe with the consent of both parties.
Confidential information includes, but is not limited to: pricing, Affiliate specific terms, contact information, passwords, marketing techniques, client databases, non-aggregate performance statistics, trademarks, copyrights, or any advance information not disclosed to the general public.
Liability & Indemnification
Acacia Tree Media Inc. makes no express or implied representation or warranties regarding the Program or the SpeechDeck.com service and web site. Any implied warranties are expressly disclaimed and excluded. The Company makes no representation that the operation of SpeechDeck.com will be uninterrupted or error free, and we will not be liable for the consequences of any interruption in service or error.
Affiliates represent that this agreement has been duly and validly executed and constitutes a legal, valid, and binding obligation.
Affiliate warrants that Affiliate has the power and legal authority to enter into and be bound by the terms and conditions of the Agreement and to perform its obligations without approval or consent of another party.
Acacia Tree Media Inc. will not be liable to the Affiliate with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special, or exemplary damages, including without limitation, loss of revenue, or goodwill, or anticipated profits or lost business--even if company has been advised of the possibility of such damages.
In no event shall the company's cumulative liability to the Affiliate, related to this agreement, exceed the total commission feed paid to you under this agreement.
Affiliate hereby agrees to indemnify and hold harmless, Acacia Tree Media Inc., and their subsidiaries, affiliate, directors, officers, employees, agents, shareholders, and other owners against any and all claims, liabilities, losses, damages, judgements, settlements, and expenses ( including attorney's fees).
Neither party may assign its rights or obligations under this agreement to any other party.
This Agreement shall be governed by the laws of the State of Utah. The parties consent to the general jurisdiction of the fedral and state courts location in Salt Lake City, Utah, and agree that any action or proceeding concerning this agreement shall be brought exclusively in such courts.
Affiliate may not amend or waive any provision unless in writing and signed by both parties.
This agreement represents the entire agreement between Affiliate and Company, and shall supersede all prior agreements and communications, oral and written.
If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.