Totally Furniture Affiliate Program Terms of Service
Enrollment
This is the complete Agreement for the Totally Furniture (we, us, our) Affiliate Program (the Program) and covers only those products or services directly offered by us (links outside of www.totallyfurniture.com are not covered by this Agreement). The Affiliate (you, your) must be 18 years or older to sign up for this Program. We reserve the right to accept or reject any application for enrollment in our sole discretion. If we reject your application, you may reapply after your site is in compliance as outlined below.
To be eligible, your site must meet these requirements:
1. Have a top level domain name
2. Be fully functional, no “under construction” sites
3. Be aesthetically pleasing, no banner farms or pages full of affiliate links
The following types of sites and affiliates will be rejected:
1. Contain adult content, pornography, promote sex services or link to such sites
2. Explicit, vulgar or obscene language
3. Racial, ethnic, political, hate-mongering or otherwise objectionable content
4. Promotion of illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, illegal drugs, etc.
5. Software piracy, list passwords, software cracking, warez or any illegal activity
6. Browser helper objects, software that generates clicks, causes any popups on anyone else’s site or attempts to set a cookie or tracking without the user clicking the link
7. Links that automatically redirect users to another site
8. Those who send unsolicited email
9. Any questionable or controversial subject matter judged inappropriate by us
10. Sites that offer incentives, including cash, points, contest entries, prizes or rewards to click on ads or links
11. Site that has software downloads that, in our sole discretion, can potentially divert commissions from other affiliates
Linking/Rights
If you’re approved, we hereby grant to you a revocable, non-exclusive, non-transferable, limited license to use our name, logo, URL and trademarks in such a manner and to otherwise display our name, logo, URL and trademarks on your website. You acknowledge and agree that such license is limited and that all right, title, ownership and interest in our name, logo, URL and trademarks shall remain with Totally Furniture at all times. You cannot modify any banners or images provided to you by us. The Affiliate is solely responsible for their sites and all linking code. All links are subject to our approval. We monitor affiliate traffic and sites for compliance to these terms and if we determine the Affiliate is no longer in compliance, they will be notified via email and their account may be deactivated pending further investigation. It is the Affiliate’s responsibility to ensure they are in compliance.
You agree that you shall not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and/or reputation of Totally Furniture or www.totallyfurniture.com. You also agree that you shall not use our name, logo, URL or trademarks in any manner that is disparaging or that otherwise portrays Totally Furniture or their products in a negative light. You may not issue any press release or make any representations or warranties concerning Totally Furniture, their products or websites.
You cannot frame the www.totallyfurniture.com website, unless approved in advance, in writing. You may not spider our site for content or copy content from our site to use in your site. Your site may not look similar to ours so that visitors may believe they are at www.totallyfurniture.com while they are at your site and you may not make any such representations or imply that you are Totally Furniture or www.totallyfurniture.com.
All promotional material will be provided in the linking section, after you signup. You cannot send unsolicited email (i.e., SPAM) containing any of our links, content or mention of our company. You cannot post any specific messages to newsgroups, chat rooms, bulletin boards or any similar places, for the purpose of inviting users to click your affiliate link to www.totallyfurniture.com, unless expressly approved in writing from us. You agree not to participate in pay to surf programs with any promotional material, links, logos or mention of Totally Furniture. You can post messages which are generic in nature and do not mention any specific offer, including any private offer, of Totallyfurniture.com.
If you fraudulently add leads or clicks or inflate leads or clicks by fraudulent traffic generation, as determined solely by us, you will forfeit your entire commission for all programs with us and your account will be terminated. Forced clicks and cookie stuffing are grounds for immediate termination. A valid click requires the user to click a link to go to www.totallyfurniture.com. It is the obligation of the Affiliate to prove to us that they are NOT committing fraud. We will hold your payment in 'Pending Status' until you have satisfactorily provided evidence that you are not defrauding the system. Termination notice will be provided via e-mail and will be effective immediately.
PPC Advertising
As an Affiliate, you may not bid on our trademarks, including Totally Furniture, www.totallyfurniture.com or variations of our domain name, or misspellings.
Commissions
We will pay you a commission of 6% for each sale that has been paid for by the customer who made a purchase using the link on the Affiliate site. Commission is a one-time payment per order, excluding fraudulent orders, charge-backs, returns and any taxes we may be required by law to collect. Commissions are paid monthly through Share A Sale for products sold in the previous month, have been paid in full, were not returned, charged-back and were not cancelled. We will pay a commission for sales placed within the cookie life of 180 days, unless the customer makes a purchase after clicking on another affiliate’s link or a link or advertisement placed by us. The Commission rates are subject to change at any time, in our sole discretion, without notice, however we will make a reasonable attempt to notify you of the change.
Cookie life begins when a user clicks your affiliate link and enters our site. Commission is only payable if it can be tracked to you with your affiliate id. We cannot track referrals for users who do not accept cookies or if they delete our cookie.
Term
Either you or we may terminate this agreement at any time upon written notification by either party. Any such notice to you shall be via email and you acknowledge that is your responsibility to ensure we have your correct email address on file. If this agreement is terminated by us because you violated the terms of this agreement or if your site is found to be objectionable, as outlined above, no commissions will be paid on any outstanding balance.
Agreement
We may modify the terms of this agreement at any time, at our sole discretion. Either a notice of agreement change, or the new agreement, will be posted on our website. Publication of such notice or an email notice shall be considered sufficient notice of any changes. If you continue to participate in this program 48 hours after any such change you agree to these new terms. If you disapprove of any new terms in this agreement, your only recourse is to terminate this agreement as outlined above.
You guarantee that all content, products, and services on your website are legal to distribute and that you own or have the legal right to use any and all copyrighted material. Affiliate irrevocably covenants, promises and agrees to indemnify us, our employees, agents, officers, stockholders, directors, affiliates and to hold them harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, arising from any and all claims and lawsuits for copyright, slander, libel, and trademark violation as well as other claims resulting from affiliate’s websites
You agree that you are an independent contractor and that this Agreement does not offer, or cover, any type of partnership, joint venture, franchise, or employment relationship between you and Totally Furniture.
We, our affiliates, agents or employees, will not be liable for loss, including direct, indirect, incidental, special, punitive or consequential damages or loss of income, related to this Program, our site or links. Any liability related to this Agreement shall not exceed the total fees yet unpaid, at the time of any error, act or omission.
If any provision of this agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected thereby.
Please contact us if you have any questions about this or any part of this Agreement via email at affiliates@commercemc.com.
Totally Furniture Affiliate Program
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