FlexOffers.com Affiliate Network
Terms and Conditions
This Agreement governs your use of the Network (referred to as "Services" or the “FlexOffers.com Affiliate Network”) provided by FlexOffers.com. The use of any of the Services is conditioned on your acceptance of this Agreement. By using any of the Services and by selecting the terms and conditions box on the registration form, you accept and agree to be bound by all the terms and conditions of this Agreement, wherein it relates to both the Services offered by FlexOffers.com and Network Advertisers (referred to as “Advertisers”).
1. Services Offered
a. FlexOffers.com will grant you access to the FlexOffers.com Affiliate Network and the Services for which you have been registered via the FlexOffers.com registration form, all of which are subject to the terms and conditions of this Agreement.
2. Publisher Agreement
a. The Publisher shall not make any representations, warranties or other statements concerning the Advertisers, the Advertiser’s site or the Advertiser’s products beyond what is reasonable and accurate.
b. The Publisher understands that the Advertiser owns and shall retain all rights to its names, logos, trademarks, service marks and copyrights.
c. These rights give Advertisers the ability to restrict Publisher’s use of their names, logos, trademarks, service marks and copyrights. This agreement gives the Publisher limited, non-exclusive rights to advertiser links and/or other promotional materials provided through the Network.
3. Use of Links and Promotional Materials
a. The Publisher will link their site to areas within the Advertiser's site using special URLs obtained through the Network. The Publisher may use as many links or as much Network content or marketing materials as required.
b. Use of links and marketing content is non-transferable. The Publisher may not allow links or Network content to be used by other sites or URLs outside of the Publisher’s account. The Publisher may not alter the links in any way, aside from any alteration that is conducted through the sub-tracking add-on and campaigns.
c. FlexOffers.com may terminate Advertiser links at any time. If such an action occurs, the Publisher must remove the terminated links and corresponding promotional materials from the Publisher’s approved site.
4. Content and Link Placement
a. FlexOffers.com marketing materials and/or links cannot be placed on sites that contain the following content (or links to pages with such content): Any pornography, nudity, or any other sexual or adult material. Any content that violates or infringes in any way upon the statutory, common law, or proprietary rights of others, including but not limited to, copyrights, trademark rights, patents, or any other third party intellectual property, contract, privacy, or publicity rights. Any gambling, hate propaganda, or material that encourages or promotes illegal activity or violence. Any material that promotes or utilizes software or services designed to deliver unsolicited e–mail. Any misrepresentations or material that is threatening, abusive, harassing, defamatory, obscene, profane, indecent, or otherwise objectionable, offensive, or harmful. Any material that violates any local, state, or national law or regulation. Any other material that FlexOffers.com, in its sole discretion, determines to be inappropriate.
b. Links provided will be placed on pages that use only the English language, where the majority of traffic is generated from online users who reside in the United States, and which are generally seen by users age 18 and older.
c. Links and/or content from FlexOffers.com must be placed on web pages that can be freely accessed by FlexOffers.com without having to login or supply a password.
d. Links cannot be placed in misleading formats or used in fraudulent methods, including but not limited to any program or device that would otherwise manipulate traffic or the accuracy of advertiser campaigns.
e. In the event that advertiser links are desired to be used in a non-web page format that is not viewable through the Internet, such as through newspapers, television ads, or other media, prior approval from FlexOffers.com is required.
f. Publishers may not place Links to an Advertiser's Website or Website content in third party newsgroups, message boards, blogs, unsolicited email or other types of spam, link farms, counters, chat rooms, or guest books.
g. Publishers using IRC channels, instant messages or similar Internet resources must designate their program as special, requiring manual review and acceptance by the Advertiser.
h. No publisher can place links to or promote an Advertiser's Website or their own Affiliate Website on Craigslist.
i. Transactions generated from the same IP address or individual may be considered as fraudulent transactions and will not receive compensation.
j. Content provided through the FlexOffers.com network cannot be swapped with advertising links found through other networks for the same or similar products or services. Publishers are granted licensing rights to use the content provided through the FlexOffers.com network only in conjunction with the advertising links provided through the network. Failure to comply can result in the immediate termination of the Publisher’s account with FlexOffers.com.
k. Publishers that participate in search engine marketing may not link directly to the advertiser's website using affiliate links, unless the advertiser's individual terms and conditions specifically state that direct linking is allowed.
5. Payment Processing
a. NET 30 payments are sent to the publisher either by ACH payment, wire transfer (if outside of the USA), or mailed check 30 days after the last day of the previous month, for all sales approved for in that month. For example, for sales generated in September 2011, the publisher would be paid for those sales by October 31, 2011 or during the NET 30 grace period.
b. The NET 30 grace period is the period which payments are processed and sent to publishers, within 5 business days after the closing payment date. This allows for events where the payment date falls on a weekend, holiday, or other scenarios that may result in slightly delayed payments.
c. The publisher understands that, in order to continue to be maintained on a NET 30 payment process, the publisher must continue to have reported sales until payment date. This amount is based on a 30-day average that must be equal to or greater than the total number of sales produced in the prior month. If the publisher's 30-day sale average falls below this criteria, FlexOffers.com reserves the right to hold payments until payment is received from the advertiser.
d. In the event that payments are reversed from the advertiser for whatever reason, the publisher understands that the existing balance will be credited back to FlexOffers.com, even if those sales are not related to the exact advertiser reversing the sales. For example, if FlexOffers.com has already paid the publisher on “ABC” sales, and if advertiser “XYZ” must reverse the sales, FlexOffers.com will credit back to FlexOffers.com from the publisher's existing balance of all sales. FlexOffers.com also holds the right to credit back from any other account the Publisher has with FlexOffers.com if so required. A credit is defined as a reversal of ACH payment, a stop payment on a check, and/or charge backs applied to the entire FlexOffers.com Publisher Account.
e. Publishers can view their advertiser payment history, which details whether a payment has been received by FlexOffers.com or whether a payment is pending. Publishers can access this information by logging into their account, and clicking on My Account > Payments > Advertiser Payments.
f. It is the Publisher’s responsibility to maintain accurate payment information, which can be updated and regularly managed through the “My Account” section of FlexOffers.com. Failure to maintain accurate payment information may result in delay of payment.
g. All payments made to publishers require a minimum balance of $50 to be sent out. In the event that you do not have at least $50 in earnings, your payment will be sent the following payment cycle once the $50 earnings threshold is met.
h. Reporting of sales or leads in the client interface (http://client.flexoffers.com) will show approved transactions for the publisher's account. However, these approvals are pending final verification from auditing processes, any possible chargebacks due to any advertiser mistakes or possible fraudulent transactions, and final payment from the advertiser. Payments to publishers are considered 100% approved and final once payment is sent to the publisher.
i. Publishers understand that any chargebacks of sales, regardless of the reason, can be credited back to FlexOffers.com against the existing publisher account, regardless if the sales are from another advertiser, as long as they are for the same publisher account or publisher entity (if more than one account is on file with FlexOffers.com).
j. NET 30 payment terms apply to all publisher accounts; however, any special agreements with publishers based on volume thresholds or other criteria will override the standard NET 30 payment terms, if already agreed upon by the publisher and FlexOffers.com.
k. In the event that FlexOffers.com, for whatever reason, needs to remove the publisher from the NET 30 program, it reserves the right to do so and move the publisher to regular payment terms, defined as to when payments are received by the advertiser, and will do so with at least a 7-day notice prior to such action taking place.
7. Support Services
a. FlexOffers.com will provide all Publishers with support services, such as, but not limited to: Online support through the FlexOffers.com Ticket System, messaging support, phone support and general email support services during regular business hours, except holidays.
b. It is understood that any communications will be responded to within 48 hours, however, there may be times in which such communications may take longer. In the event that the publisher does not hear back from a request, it is the publisher’s responsibility to contact the support team at firstname.lastname@example.org or through the ticket system service provided through http://client.flexoffers.com.
c. The support team provided to the publishers of the FlexOffers.com Affiliate Network will do their best to answer any and all inquiries to the best of their knowledge, but the FlexOffers.com owners, shareholders, and chairpersons do not guarantee that all information provided by customer service is 100% accurate and may at times be subject to change, adjustment, or additional inquiries. In the event that the support team has misinformed the publisher due to incorrect information provided to the support team by the advertiser and/or a mistake on their part, the support team will do their best to clarify any and all mistakes within a reasonable amount of time.
d. Publishers are not allowed to recruit services, employ, or otherwise contract employees, or former employees of FlexOffers.com, for any service. This applies to both active publishers of FlexOffers.com and non-active publishers, regardless of existing or current status.
8. Maintaining Content
a. The Publisher is responsible for making sure that all information promoting any of the products provided by FlexOffers.com is accurate. Depending on the format in which the Publisher has chosen to display FlexOffers.com content, Publishers may be required to manually maintain their content on a regular basis. The content maintenance requirements vary per format used and are as follows:
- HTML Links and Banner Scripts – Publishers are responsible for accessing links on a weekly basis and whenever a notice regarding product updates is sent by FlexOffers.com.
- Spreadsheet Downloads – Publishers are responsible for downloading the most recent information on a weekly basis and whenever a notice regarding product updates is sent by FlexOffers.com.
- XML Downloads – Publishers are responsible for downloading XML files to their database whenever content needs to be updated.
- Web Services – Once the Web Services feed is established, content will update automatically.
- Templates – All information hosted on the FlexOffers.com server is updated automatically. Any customization that is done by the design team of FlexOffers.com or by the publisher directly is thereafter, once live, the responsibility of the publisher to maintain and keep accurate.
b. FlexOffers.com will periodically monitor Publisher sites to assure accuracy in the use of all content provided through the various content formats. Publishers who are contacted by FlexOffers.com for content usage adjustments must abide by all requests within 48 hours of notification or risk having their links expired for the advertiser to which the issue pertains. FlexOffers.com reserves the right to adjust this grace period without notice.
9. Approved URL(s)
a. FlexOffers.com marketing materials and/or links may not be listed on any other URL than that provided in this agreement under the “Manage Domains" section of FlexOffers.com. Any additional URL(s) must be submitted in the “My Account” section of FlexOffers.com. All submitted URL(s) will be monitored on a regular basis to assure accuracy in content usage.
b. If FlexOffers.com finds that a Publisher signed up for the Network using a site that they are not affiliated with, FlexOffers.com reserves the right to terminate the account or refuse payment.
c. Only approved sites will be accepted into the Network. Approvals are based on a variety of factors, including but not limited to, website content and URL(s). None of the URL(s) submitted or any of the website pages that reside under the registered URL can contain any of the content mentioned in the Content and Link Placement section of this agreement.
10. Approval Process for Specific Advertisers
a. Once a Publisher is approved for the FlexOffers.com network, they are granted access to a variety of tools and services, and the opportunity to apply for a number of advertiser affiliate programs. Approval for FlexOffers.com does not guarantee approval for the advertiser programs offered. Within the client interface, Publishers must select and apply for each individual program, and abide by the terms and conditions for selected advertisers. An email regarding the Application status will be sent to the Publisher within several business days.
b. The terms and conditions provided by advertisers for their individual programs represented in the Network are in addition to the terms and conditions of the FlexOffers.com Affiliate Network (this agreement), and a violation of either the advertiser’s terms and conditions or the FlexOffers.com Affiliate Network terms and conditions can result in the termination of the publisher’s account and the removal of any pending payments.
a. FlexOffers.com will provide services to allow for 100% uptime for both link activity and content delivery. FlexOffers.com cannot be held liable for any link downtime due to hardware or software related issues, or in the event that the landing pages or links provided by the advertisers are down. The FlexOffers.com technical staff will, however, work diligently to resolve any issues in the event that any downtime occurs and will coordinate such efforts, if need be, with the advertiser.
b. Though FlexOffers.com regularly monitors all links for programs on a scheduled basis, it is strongly recommended that publishers occasionally checks their links once live on their website. Once a link is live on the publisher’s website, it is the publisher’s responsibility to inform the FlexOffers.com support team at email@example.com within 24 hours of any link problems.
12. Link Tracking Software
a. In the event that the publisher chooses to use a 3rd party tool to check links or otherwise verify links that have been provided by FlexOffers.com, it is the publisher’s responsibility to notify the FlexOffers.com support team at firstname.lastname@example.org in the event that such checking may alter reporting results.
b. Failure to report the usage of such tracking that may alter the reporting for FlexOffers.com may result in the termination of the account based on the auditing procedures that are done, which in part focus on publisher accounts that generate a large number of reported click-thrus with no validation of sales.
13. E–mail Marketing
a. Publishers who promote advertisers via e-mail must adhere to all applicable legislation and regulations governing e-mail marketing in the jurisdictions that the publisher targets. FlexOffers.com advertising links and banners may not be promoted through unsolicited e–mail in any form including, but not limited to, stand-alone e-mail (text or HTML) or newsletters. Spamming is not allowed and all Publishers must comply with the CAN SPAM Act of 2003. Any Publisher found to be generating applications/requests for services and/or sales through unsolicited e-mails will not be paid for those applications/requests/sales. E-mails must contain accurate sender information and subject lines, include functioning Internet-based opt-out mechanism, and not be false or misleading.
a. In the event that the advertiser or FlexOffers.com has reported duplicates or other inaccuracies in the reporting of sales or leads, these may be reversed in the Publisher’s account. Chargebacks can occur at any time and can be applied at any time to the Publisher's account.
b. If such an event occurs, it is up to the Publisher to contact the support team at email@example.com to find out the reason behind such occurrences.
c. In the event that such chargebacks occur for sales that have already been paid in full to the publisher, FlexOffers.com reserves the right to reverse the credit on future sales or pending payments to the publisher.
d. In the event that it is determined that such chargebacks are due in part to fraudulent activity or a violation of the terms and conditions of either the advertiser’s program or the FlexOffers.com Affiliate Network, future payments and/or credits to the Publisher's account will be reversed and the account will be immediately deactivated.
15. Unauthorized Telemarketing / Offline Marketing
a. In order for a Publisher to receive credit for applications/requests and/or sales that are generated from their site, the consumer must personally complete the application/action and agree to the terms and conditions that are set forth by the advertiser for the product/service for which they are applying/requesting/purchasing. No one other than the consumer can complete an application for that consumer.
b. Publishers cannot market advertising materials or links provided by FlexOffers.com through telemarketing, where their representative/telemarketer collects a consumer’s personal and/or private information for the purpose of using that information to fill out an application, request a service or purchase goods using the Publisher’s advertising link(s).
c. Any source other than online exposure and approved URL(s), such as printed applications for specific credit card or financial products, requests for services, or the purchase of goods cannot be used for the purpose of having the consumer complete the application/request/purchase so that someone other than the consumer can submit the information online at a later time.
d. No specific product name or advertiser name may be used within the text or images for any print advertising campaign.
e. Publishers who choose to market materials or links through other marketing sources that are not approved by FlexOffers.com may result in non–paid applications and/or termination of the account.
16. Fraud / Suspicious Activity
a. All accounts are regularly monitored for fraudulent transactions and suspicious activity. In the event that your account is flagged for fraud or suspicious activity by the FlexOffers.com Internal Fraud and Suspicious Activity Department (FIFASA), any payment due will be held for a maximum of 120 days while the investigation process is underway, which may involve a multitude of verifications of the publisher account and cross-referencing of data supplied by the merchant. Fraud or suspicious activity in regards to transactions can be caused by a number of instances, such as, but not limited to, breaking the T&C of an affiliate program, using non-approved software applications, using non-approved domains, providing false information during registration, or providing false information once approved.
b. FlexOffers.com holds the right to reduce or completely remove any approved transactions or payments in the event that the publisher has created a violation to produce such sales or if the publisher is unable to produce evidence to contradict the violation.
c. Once an action or actions have been determined by the FIFASA Department to be fraudulent or otherwise in violation of the advertiser's terms and conditions or the FlexOffers.com Publisher Terms and Agreements Policy, the Publisher's account will be permanently deactivated and banned from applying again to the FlexOffers.com network, and any credits shown on the account will be 100% reversed.
17. Capturing User Information
a. Publishers are not allowed to alter the sub-tracking code or otherwise use software or any means designed to capture personal identifiable information of online visitors that would then be viewable to FlexOffers.com.
b. Publishers are not allowed to request that visitors to their site complete any form that may be hosted on the publisher’s website or a third party service, through which the user’s information will be redirected or otherwise used to generate a lead or sale for the advertiser program.
c. All leads and sales for advertiser programs must be completed on the advertiser website or through the link that is provided from FlexOffers.com. Any alternations to misdirect or otherwise pass information to the application process of the advertiser form will result in the immediate termination of the publisher account, and all credits will be reversed.
a. The Network retains the right to terminate the Publisher’s account at any time, and for any reason that the Network sees fit. Publishers are not bound to network usage and can close their account with 48 hours notice to FlexOffers.com for standard link usage. The right to terminate the policy does not apply to any special agreements, such as Insertion Orders, Bonus Offers, or any other written agreement between the Publisher and FlexOffers.com, which may include special pricing and/or placements, such said agreements have specific terms that apply during the time period of that agreement.
b. Any payments that are due to the publisher will be paid thereafter until all payments owed to the publisher are made in full and it is determined that no fraudulent activity or chargebacks occurred per the transactions generated by the publisher’s account.
c. Publishers understand that once an account is closed, all advertising links will be expired, all advertiser relationships will be closed, and previous historical information such as sales and click-thru data may not be available.
d. In the event that the publisher wishes to re-open their account, they will be required to complete a new registration. In the event that the account is deactivated due to suspicious or fraudulent activity, payments will be held during investigation.
a. Each party shall indemnify, defend, and hold harmless the other party, and all its associations, from any and all liability, claims, losses, damages, injuries, or expenses brought by a third party arising out of a breach, real or alleged, of any of its representations or obligations herein. No party shall be held liable for the other party for any direct, indirect, special, exemplary, consequential or incidental damages, even if informed of the possibility of such damages.
20. Advertiser-Specific Terms and Conditions
a. Publishers are to adhere to all Advertiser-specific terms and conditions that are detailed by an individual program’s Advertiser and described within that program’s Agreement & Terms tab on FlexOffers.com.
21. E-Mail Communications from FlexOffers.com
a. FlexOffers.com newsletters generally pertain to new affiliate advertising opportunities, increased payouts, and important product changes. The email address that we will be sending updates and compliance issues from is firstname.lastname@example.org. Please add it to your address book so that it is not blocked by Spam filters. These notices can also be viewed once you log into your account.
b. You can opt-out anytime in receiving emails from FlexOffers.com for notifications of new promotions, new affiliate programs added to the network, network enhancements, new services of FlexOffers.com, and other crucial information that may benefit you and your website.
c. However, you will continue to receive emails in regards to any program for which you are approved, as this is a requirement of the advertiser and/or FlexOffers.com terms and conditions. In the event that you no longer wish to receive such emails, you will need to drop the program and discontinue promoting it.
d. FlexOffers.com may at times offer promotional cash bonuses for new or existing clients. These offers are only available for limited periods of time for those who choose to take advantage of the promotion during the time that the offer is being presented. Once the client meets the requirement of the promotional offer, the promotional bonus will be applied to the client's check within 30 days. Promotional offers are only applied to valid sales or leads, and they cannot be combined with other promotional offers or transferred to other clients. FlexOffers.com reserves the right to cancel any promotion that is being published to new or existing clients who have not locked in the promotion to their FlexOffers.com account. Publishers can choose to opt-out of the promotional e-mails sent about new products and programs. If you would like to opt-out of these newsletters, please select the “Manage E-Mail” tab in the “My Account” section of the FlexOffers.com Client Interface. Then, select “Opt-Out” from the drop-down tab below.
22. Flex Revenue Share Program
The publisher will earn a standard 2% of any revenue generated from publishers that they refer that are approved for the FlexOffers.com network and programs within the network. For example, if the publisher that was referred earns $2,000 in a month, then $40 will go towards the publisher account that referred the new client. This amount will be ongoing, as long as the new client that was referred continues to generate $2,000 in monthly revenue. This amount is not deducted from the publisher who referred the account.
In the event that a promotional tier level program is offered, the publisher tier earnings referral rate will be based on the promotional details per the period in which the offer is provided.
There is no minimum amount to be earned, though payments are not issued to publishers unless there is a minimum of $250 in earned referrals. Payments are 60 days after the threshold is met, though can be delayed if required.
The maximum referral amount, regardless of any promotional material sent out, is up to 50% of the FlexOffers profit.
At times accounting may need to make adjustments to payouts, such as, but not limited to incorrect amounts appearing for payouts for referred publishers, 50% thresholds being exceeded, fraud, etc. In the event such an occurrence takes place, we will notify the publisher prior to sending out payments.
Earnings are only paid out on approved sales or leads. In the event that the merchant reverses the sales, due to returns or other adjustments, the referral earnings will be adjusted accordingly.
It is the publisher’s responsibility to provide the proper link to referred publishers. Those publishers must register with the link to allow for proper tracking of revenue back to the original publisher who recruited the additional publishers.
Publishers at this time must use the online email script located at client.flexoffers.com to refer publishers, must use the referral link outside of the email script to post on a website, must be approved by FlexOffers.com in writing, or is otherwise not permitted.
In the event that the referred publisher is already approved for the FlexOffers.com Network prior to the referral made, the publisher’s revenue cannot be tagged to the referring publisher account.
Publishers who participate in the Flex Revenue Share program are not eligible for the “Refer-a-Friend” program, which offers a one-time bounty for referred publishers.
In the event it is determined that the publisher account is fraudulent or has otherwise not abided by the terms and conditions of FlexOffers.com or merchant accounts, in addition to the publisher account being dropped, all earned referral revenue will also be dropped.
FlexOffers.com holds the right to discontinue the Flex Revenue Share program at any time with 24 hours prior notice to all publishers. Any earned revenue, prior to the announcement, will be paid to the publisher if the publisher is abiding by all terms and conditions.
Publishers approved for the program understand that a portion of their revenue will appear in the referring account, though no product specific pricing or other confidential information, aside from company name and shared revenue earned, will appear.
23. Change in the Terms and Conditions
a. FlexOffers.com reserves the right to change any of the terms and conditions policies of the FlexOffers.com Affiliate Network at any time and without notice to the publisher. It is up to the publisher to regularly review the Terms and Conditions that are set forth in this agreement to make sure that the publisher is abiding by all the said terms and conditions.
24. Promotional Advertisements
a. Any promotion offered by FlexOffers.com, whether contests, additional payouts, tier levels, etc., unless they are signed IO's, from both the Publisher and FlexOffers.com, Publishers understand and abide that FlexOffers.com has the right to modify these terms and payout conditions. It is understood that FlexOffers.com cannot be held liable for any incorrect advertising, or non-specific promotions.
25. Verbal and Written Communications
a. The FlexOffers Terms and Conditions supersede any communications provided by any employees of FlexOffers.com.
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