TERMS AND CONDITIONS
This Agreement, including the Advertising and Promotion Guidelines and the description of the Monument Affiliate Program provided through the Network(s) (defined below) on Monument-Life.com's Information Page (collectively the "Agreement") is a legally binding agreement between Monument, LLC ("Monument-Life.com"), and each of its participating Affiliates. BY REGISTERING FOR AND PARTICIPATING IN THE MONUMENT-LIFE.COM AFFILIATE PROGRAM (THE "PROGRAM"), YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT. By checking or clicking the "Accept" or similar language box below, you agree that the effective date of this Agreement is the date on which you check such box below.
Once you are accepted into the Program, your participation in the Program is governed by this Agreement. Even after you are accepted into the Program, we may terminate this Agreement and your participation in the Program for any reason or no reason at any time. In addition, we may terminate this Agreement and your participation in the Program immediately if we determine that you or your Site (as defined below) violates any terms of this Agreement.
NEXUS TAX LAW DISCLAIMER: Unfortunately, individuals from the following states, which currently enforce nexus affiliate click-through laws, are ineligible to participate in our Affiliate Program: AR, AZ, CA, CT, GA, IL, IA, KS, LA, ME, MI, MN, MO, NC, NJ, NY, OH, RI, TN, VT, UT, and WA. Keeping our customer experience of the highest quality while keeping our prices as low as possible is our primary focus, so exposure to nexus is something we will adamantly avoid. Unfortunately, we cannot make any exceptions.
I. Your Obligations.
2. Advertisements. You may only use the banner advertisements, button links, product information, Monument-Life.com logos and text links to the Monument-Life.com website (or any mirror or successor site) ("Monument-Life.com Site") and/or other advertisements promoting Monument-Life.com products and events ("Advertisements") that are provided to you by Monument-Life.com through the Network(s). You may not modify the Advertisements without Monument-Life.com's prior written consent. You may not include price information in your descriptions unless provided to you and approved by Monument-Life.com. Each link connecting users of your Site to the Monument-Life.com Site shall not alter the look, feel, or functionality of the Monument-Life.com Site. Affiliates that create or generate their own creative materials in an effort to promote Monument-Life.com through the Program must get Monument-Life.com's written approval of all such materials prior to publishing.
3. Placement of Advertisements. You must follow the attached Advertising and Promotion Guidelines and any subsequent instructions provided by Monument-Life.com in placing Advertisements on your Site. Except as provided in this Agreement, you will have discretion to place Advertisements in areas of your Site at times and with the frequency as you deem appropriate.
II. Prohibited Activities. You shall not undertake or engage in the following practices. Any violation of this Section shall be deemed a material breach of this Agreement
Beyond link shortening, any type of link cloaking is prohibited. Affiliates that fail to provide accurate referring domains upon request from Monument-Life.com will be subject to commission reversal and removal from the Monument-Life.com affiliate network.
4. Coupon/Deal Marketing. Posting of non-affiliate order level coupons by affiliates is prohibited without prior written consent from Monument-Life.com. Coupons and deals found on the Networks or those being promoted directly on a Monument-Life.com product page or brand guide are allowed. User generated content that contains unauthorized coupon codes is not allowed to appear on any page where an affiliate link to Monument-Life.com is present. Affiliates found promoting any unauthorized coupon codes will be subject to a reversal of ALL commissions for the given period.
5. Site Usage. Affiliates are prohibited from using Monument-Life.com's property, including, but not limited to, BodySpace, Monument-Life.com's Forum, Monument-Life.com's Facebook wall, Monument-Life.com Supplement Reviews and Monument-Life.com's Article Comments feature, to direct traffic to websites, Facebook page names, Facebook advertising campaigns, and Twitter accounts which the affiliate owns or where the affiliate has placed affiliate links back to Monument-Life.com. Affiliate shall not use or otherwise incorporate the word Monument-Life.com or variations thereof in the domain name(s) of your website(s). Due to system constraints, affiliates shall not drive traffic to BodyBlogs.
6. Banner Creative. Affiliates shall not alter any promotional materials provided by Monument-Life.com or use other promotional materials or language without first receiving written authorization from Monument-Life.com. Affiliates that generate their own creative materials in an effort to promote Monument-Life.com must get Monument-Life.com's written approval of all such materials prior to publishing.
7. Ordering. Using an affiliate account for the purpose of placing orders for your personal use is prohibited.
8. Spam and Electronic Messages. Affiliate shall not send commercial electronic mail messages as defined in the new Federal spam law, the CAN-SPAM Act of 2003, and similar county-specific acts (collectively, the "Acts"), with respect to Monument-Life.com's Affiliate Program. For clarification, this does not prohibit Publisher from sending transactional or relationship messages as defined in the Acts. In addition, Affiliate may not send any e-mail that refers to Monument-Life.com, advertises any Monument-Life.com product, or links to the Monument-Life.com Site unless the content referring to Monument-Life.com has been provided to you by Monument-Life.com or been approved in accordance with section II.E. above. Except as expressly authorized by Monument-Life.com, any and all electronic messages initiated or sent by Affiliate or on Affiliate's behalf must identify Affiliate as the sender and may not suggest, imply, mislead, or be likely to mislead a recipient into believing that a Monument-Life.com site is the sender or sponsor of, or has induced Affiliate to send, such electronic messages. Affiliate shall not use a return address, subject heading, header information, or message contents that misleads or confuses or is likely to mislead or confuse a recipient that Monument-Life.com is the sender.
10. Public Announcement. You may not mention Monument-Life.com in a press release or other public statement (other than the Advertisements) unless you have received prior written approval from Monument-Life.com.
III. Monument-Life.com's Responsibilities.
1. Advertisements. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the accuracy of prices or availability of products contained in the Advertisements.
2. Product Orders. We have the right to accept or reject for any reason any order for products at the Monument-Life.com Site. Due to possible foreign shipping delays and customs regulations, any order made outside of the United States will automatically be extended to ensure proper payment, fulfillment, and delivery of the order.
3. Credit Card Customers. Visitors (as defined below) who purchase products or register at the Monument-Life.com Site will be deemed to be customers of Monument-Life.com. Accordingly, all of Monument-Life.com's rules, policies, and operating procedures concerning customer service, charges, and fees will apply to those customers. We may change Monument-Life.com's policies and operating procedures at any time. We will be solely responsible for all aspects of processing and fulfillment of product orders, including payment processing, shipping, cancellations, and related customer service.
A "Visitor Transaction" means a visit made to the Monument-Life.com Site by a Visitor who accesses the Monument-Life.com Site directly by clicking on a button or link to the Monument-Life.com Site that is contained in Monument-Life.com's Advertisements displayed on your Site.
"Net Sales" means the total net retail dollar amount actually received by Monument-Life.com from Visitor Transactions for goods that are ordered, paid for, delivered, accepted and not returned, excluding any discounts, returns, chargebacks, bad debts, taxes, shipping and handling charges, and insurance.
3. Payment Disputes. You must raise all compensation disputes within sixty (60) days of the date the applicable order is placed. If you dispute a compensation payment, or non-payment, in excess of sixty (60) days from the date on which the applicable order was placed, Monument-Life.com has no obligation to make any such compensation payment on such order.
4. Returns, Cancelations, Non-Shipment. Monument-Life.com reserves the right to reverse compensation payments for orders that have been returned, canceled, or not shipped within sixty (60) days of the initial purchase date.
V. Intellectual Property.
By posting or submitting content via the Network services, this Network website, or directly to Monument-Life.com, you grant Monument-Life.com and the Network, as well as each user of the Network website and/or Network services, including their respective affiliates and licensees, a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense (through multiple tiers), to access, use, copy, publicly perform, digitally perform, publicly display, or otherwise exhibit and distribute (through multiple tiers) such contributed content, and to transmit, sell, modify, create derivative works from, and/or to incorporate such contributed content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, for any purpose whatsoever, commercial or otherwise, without compensation to you or any third party. You agree to waive any moral rights that you may have to your contributed content.
The content that you submit is deemed non-confidential and neither Monument-Life.com, the Network(s), nor any user of the Network website and/or Network services has any obligation to maintain the confidentiality of any content.
For a complete description of how Monument-Life.com and the applicable Network will use and protect your personal information, see each company's respective Privacy Policies. If you object to your information being transferred or used in this way, please do not use our services and do not post, publish, or submit any content. You represent and warrant to Monument-Life.com and the Network(s) that you have the full legal right, power, and authority to grant to Monument-Life.com and the Network(s) the rights and license provided for herein, that you own or control the complete exhibition and other rights to the content you submitted for the purposes contemplated in this license. You represent and warrant to Monument-Life.com and the Network(s) that you will not contribute any content that: (a) infringes, violates, or otherwise interferes with any intellectual property right of another party; (b) reveals any trade secret, unless you own the trade secret or have the owner's permission to reveal it; (c) infringes on the privacy or publicity rights of another; (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive, or otherwise violates any law or right of any third party; or (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information.
You are solely responsible for any content that you submit. You may be held legally liable for the content that you submit and may be held legally liable if your submissions include, for example, defamatory comments or material protected by copyright, trademark, patent, trade secret law, or other proprietary right without permission of the author or owner.
Monument-Life.com and the Networks (and users of the Networks Services) are not obligated to use any Content submitted by you in any manner.
2. Non-Exclusive Limited License and Use of Your Logos and Trademarks. You grant Monument-Life.com a non-exclusive, non-transferable, revocable right to use and display your logos, trade names, trademarks, service marks, and similar identifying material (collectively "Affiliate Licensed Materials"), solely for the purposes contemplated under this Agreement, including allowing Monument-Life.com to list your name and trademark as an Affiliate in the Program on the Monument-Life.com Site.
VI. Term and Termination. The term of this Agreement will begin upon acceptance of your Program application (the "Effective Date") and shall remain in effect, unless sooner terminated as provided herein, for an initial term of one (1) year from the Effective Date. After the initial term, this Agreement will automatically renew for successive one-year periods. MONUMENT-LIFE.COM may terminate this Agreement at any time and for any reason with written notice to you, effective immediately. You may terminate this Agreement at any time. We may immediately terminate the Agreement if you violate the terms of this Agreement.
Within two (2) days of termination of this Agreement, you will stop displaying all Monument-Life.com Advertisements or any other references to Monument-Life.com.
VII. Your Representations and Warranties. You hereby represent and warrant to us that: (i) you have duly and validly assented to this Agreement and it constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms; (ii) your Site complies with your obligations described in Section I. above, including, but not limited to, your obligations regarding eligibility, advertising, privacy, and e-mail; (iii) the assent to the terms of this Agreement, delivery, and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate (a) any provision of law, rule, or regulation to which you are subject, (b) any order, judgment, or decree applicable to you or binding upon your assets or properties, (c) any provision of your by-laws or certificate of incorporation if applicable, or (d) any agreement or other instrument applicable to you or binding upon your assets or properties; (iv) no consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by you in connection with the execution, delivery, and performance of this Agreement or the taking by you of any other action contemplated hereby; and (v) there is no pending or, to the best of your knowledge, material threatened claim, action, or proceeding against you, or any subsidiary or sub-Affiliate of yours, with respect to the execution, delivery or consummation of this Agreement, or with respect to your trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.
You represent and warrant that you will not engage in and/or facilitate spamming, indiscriminate advertising, or unsolicited commercial email or otherwise fail to comply with any laws and/or regulations that govern email marketing and/or communications. You represent and warrant that you will not engage in pop-up or pop-under advertising using any means involving third party properties and/or services (software). Pop up/unders are acceptable on a first party basis only when triggered by your site content /site visit or by downloadable software applications for which you are the owner/operator.
VIII. Disclaimers. Monument-Life.com makes no express or implied warranties or representations with respect to the Program, your potential to earn income from the Program, the Monument-Life.com Site, the Monument-Life.com Licensed Materials, or the products and services offered on the Monument-Life.com Site, including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of course of performance, dealing, or trade usage. In addition, Monument-Life.com makes no representation that the operation of the Monument-Life.com Site will be uninterrupted or error free, and Monument-Life.com will not be liable for the consequences of any interruptions or errors. Monument-Life.com will not, and is not obligated to, make any representations, warranties, or other statements concerning you, your Site, any of your products or services, or your Site policies, except as provided in the Advertisements.
IX. Indemnification. You agree to indemnify, defend, and hold harmless Monument-Life.com and Monument-Life.com's parents, subsidiaries, affiliates, successors, and assigns from any and all claims, suits, demands, allegations, investigations, or other actions and damages, fines, costs, losses, fees, and settlements arising therefrom ("Claim(s)") including, without limitation, attorneys' fees, which result or arise from or relate to, directly or indirectly, this Agreement or the Program; the development, operation, maintenance, and contents of your website; or your negligence or breach of this Agreement. You shall promptly notify Monument-Life.com in writing of any Claim related to this Agreement and cooperate with Monument-Life.com at your sole expense. You shall promptly allow Monument-Life.com to select/employ counsel and take control of the defense and investigation of such action and agree that such counsel has full authority to enter into a settlement. Any settlement on behalf of Monument-Life.com requires Monument-Life.com's prior written consent.
X. General Provisions.
AFFILIATE PROGRAM ADVERTISING AND PROMOTIONAL GUIDELINES
The Advertisements furnished by Monument-Life.com, LLC ("Monument-Life.com"), to you, may only be used pursuant to the guidelines set forth in this document. Any other use is strictly prohibited. By participating in the Program, you agree to abide by the terms of these Advertising and Promotional Guidelines, including, but not limited to the following obligations.