IN ADDITION TO THE GENERAL TERMS OF USE, DISCLAIMER, AND PRIVACY POLICY, THE FOLLOWING ADDITIONAL RULES ARE
INCORPORATED INTO THOSE TERMS AND APPLY TO YOUR ACTING AS AN AFFILIATE TO SELL OUR PRODUCTS OR SERVICES.
PAYMENTS
We greatly value and appreciate those who recommend and promote our services and products to others. Affiliates are paid a fixed percent or dollar value, as agreed between the parties and stated in writing, for each confirmed paid referral they make that is not canceled or refunded, so long as you remain an affiliate and this agreement is in effect.
The cost of our products and services may change at any time and without notice. The affiliate payment for our products and services may change at any time and without notice. There is no guaranteed minimum payment from any referral, other than what is advertised on our affiliate website at the time of sale by the affiliate. We currently pay $20 for a personal sale through your affiliate link and $5 for an affiliate sale that is part of your affiliate team.
Any advertised payments to affiliates for referrals, whether a lump sum or a percentage, refer to the gross amount paid by us. Payments to affiliates will primary be via PayPal or other means with payments in US dollars, and PayPal or other merchant processing charges a fee for its services. More information can be found at http://paypal.com. We may or may not reduce your commission by the cost of the processing fee at our own discretion.
Affiliate payments are made approximately 30 days after the end of the month in which the payment generating transaction occurred. Fraudulent signups associated with an affiliate, or suspicious activity may result in a longer payment period and may be deducted from the affiliates commission if the sale is not an actual sale.
Payment amounts for a referral may differ between affiliates if separately negotiated in writing.
Affiliates shall be responsible for all taxes and other similar levies as required by any law or regulation. Affiliate agrees as a condition of payment to accurately provide all identification and tax information necessary to allow us to comply with legal requirements.
Affiliates understand that payment tracking can never be 100% accurate and this may be affected by events beyond our control, such as customers not accepting cookies or other mechanisms by which affiliate referrals are commonly tracked.
OUR AFFILIATE RELATIONSHIP
The ability to advertise our products and services as an affiliate is non-exclusive and revocable in our discretion for any reason.
All proprietary information, trademarks, copyrights and all other similar rights in and arising out of our products and services are, and shall continue to be, our exclusive property. Affiliates have a right to refer to our trademarks only so long as they remain active affiliates and otherwise comply with these terms.
Affiliates shall act exclusively as an independent contractor, and an affiliate is not an employee or agent of Freak Sites, Inc. Nothing in this Agreement shall create a partnership, joint venture, agency, or franchise between the parties. Affiliates shall not sign any document in our name of or on our behalf, nor shall any affiliate hold itself out as being our agent or as having apparent authority to contract for or bind us to any contract.
Affiliates may not promote our products or services from any website or other location that engages in illegal conduct, according to both law of the jurisdiction where we are based and the law of the jurisdiction in which the affiliate resides. Additionally, affiliates agree to not promote our products or services from any website or other location that also contains or promotes ‘adult’ related products or services, whether or not there is nudity.
ADVERTISING
Affiliates are solely responsible for their own advertising, which must be truthful and not deceptive. Affiliate advertising is not pre-approved or reviewed by us. You must included an affiliate disclaimer as is required by the Federal Trade Commission to avoid deceptive trade practices. This disclaimer should state something similar to the following: “This advertisement may contain affiliate links, which means I may receive a commission if you make a purchase using these links. As a Freak Sites Affiliate I earn from qualifying purchases.”
JUNK FAXES
It is against US federal law to engage in commercial advertising using unsolicited faxes to persons located in the US. It is against the law, even if your country or jurisdiction may permit unsolicited fax advertising until a person opt-outs from receiving further advertisements.
We do not permit our affiliates to send unsolicited faxes advertising any of our products or services to anyone, or promoting affiliate’s web pages or content on which our products or services are mentioned.
Any affiliate found to have sent unsolicited faxes, whether or not to someone they have an existing business relationship with, may, in our discretion, have their affiliate position and right to use and/or market our products and services terminated.
This terminating event will not result in a reimbursement of any monies that have been paid to us. Any owed commissions will be forfeited to us.
You also agree to defend, indemnify, and hold us harmless, including our owners, employees, independent contractors, subsidiaries, affiliates, attorneys, consultants, business associates, service providers, suppliers and agents, and anyone else, from any liability, claims, or demands, whether legal or equitable in nature, arising from your directly or indirectly sending unsolicited fax advertisements.
SPAM – JUNK EMAILS
It is against US federal law to engage in certain forms of commercial advertising using unsolicited email to persons located in the US.
We do not permit our affiliates to send unsolicited email advertising any of our products or services, or promoting affiliate’s web pages or content on which our products or services are mentioned, irrespective of the law in your jurisdiction.
Any affiliate found to have sent unsolicited email, may, in our discretion, have their affiliate position and right to use and/or market our products and services terminated.
This terminating event will not result in a reimbursement of any monies that have been paid to us. Any owed commissions will be forfeited to us.
You also agree to defend, indemnify, and hold us harmless, including our owners, employees, independent contractors, subsidiaries, affiliates, attorneys, consultants, business associates, service providers, suppliers and agents, and anyone else, from any liability, claims, or demands, whether legal or equitable in nature, arising from your directly or indirectly sending unsolicited email advertisements.
OTHER ISSUES OF IMPORTANCE
Affiliates are prohibited from copying, framing, or otherwise making our website appear on another domain.
Affiliates are prohibited from taking any action, using any practice or technology, which interferes with our website and/or tracking of referrals or affiliate commissions. This includes the use of toolbars, download technology, cookie stuffing, and any other system, practice, or scheme which results in a non-user caused event that creates a commissionable event.
Affiliates are prohibited from accessing our website, or causing any access to our website, in violation of any of these terms.
Contact us
If you have any questions or concerns about FS’s affiliate policy and practices please email jboyd@freaksites.com.