Website: fusemate.io Email: firstname.lastname@example.org
Fusemate Affiliate Agreement
Fusemate may offer you an opportunity to become an independent Fusemate Affiliate (“Affiliate”), wherein you have the opportunity to earn additional money for Fusemate accounts. Affiliate compensation is further discussed herein. See also Fusemate Terms of Service, which apply to you in your role as Affiliate, unless otherwise expressly provided in writing otherwise.
This Affiliate Agreement (“Agreement”) governs your activity, participation application, and any subsequent participation in Fusemate’s Affiliate program. By clicking “I Accept the Terms and Conditions” and submitting, you thereby accept the terms of this Agreement, you indicate that you have read and understood this Agreement, and agree that you are bound by its terms.
SECTION 1. PARTIES
All references to “Fusemate” or “We” herein mean and refer to Fusemate. All references to “You” and “Your” mean and refer to the person or entity who has executed this Agreement. Fusemate and You are each referred to herein as a “Party,” and collectively as the “Parties.”
SECTION 2. APPLICATION
You agree to provide all information reasonably requested by Fusemate in connection with Your Affiliate application to be considered, and You affirm that all information that You provide is truthful and accurate.
You understand and agree that Fusemate retains sole and exclusive discretion to determine whether You qualify for participation in the Fusemate Affiliate program.
Not everyone who applies for the Fusemate Affiliate program will qualify to participate. Fusemate may review the application, at our sole discretion, and may terminate Your Affiliate status at any time. The standard of qualifications required for an Affiliate may change, at our sole discretion, at any time.
SECTION 3. CONSENT TO BE CONTACTED
You expressly consent to be contacted at the email address and the phone number You provide in Your application about Your application and the Affiliate program, including through automated dialing systems, texts and artificial or pre-recorded messages. This consent shall be revoked only in writing.
SECTION 4. COMPENSATION
You will receive a unique Affiliate ID when you sign up as Affiliate. The Affiliate ID will be incorporated within each URL which You will use to advertise Fusemate. You will have the opportunity to receive a commission for each sale (“Sale”) that is registered using Your Affiliate ID.
In the event that a potential new user (“Prospect”) has multiple Affiliate cookies (“Cookies”), the most recently acquired Cookie will determine which Affiliate is credited with a Sale. There are some products sold that do not have trial periods. Notwithstanding the foregoing, a Prospect user may inform Fusemate that the determination made by the most recently acquired Cookie incorrectly identified the Affiliate under which the Prospect User intended to sign up.
Fusemate may move the Prospect user to an Affiliate of the Prospect User’s choosing only while the Prospect User is still in a trial period. In any event, no user may be moved more than one time from an Affiliate to another Affiliate. If a Prospect user signed up without any Affiliate for more than two (2) months, the Prospect user cannot choose to become affiliated.
Provided that the Sold Account (as defined below) remains in good status within forty-five (45) days from the Sale, Your commission is considered earned. You will earn commission for each Sold Account that generates a payment to Fusemate in a month (“Commission”) once considered sold as defined below. The Commission will be determined by Fusemate and may be changed from time to time depending on the quantity of sale, products, and other factors.
Except as otherwise provided herein, Commission payments will be paid on the 15th of each month following Fusemate’s receipt of payment for a Sold Account, subject to the other terms of this Agreement. In the event the 15th of each month falls on a holiday or weekend, Commission payments will be paid on the business day preceding the holiday. All Commission payments are based on the amount of fees received by Fusemate, less sales taxes.
The amount of Commissions are as follows:
- Grow $74.95 cash reward recurring monthly
- Scale $124.95 cash reward recurring monthly
- Strategic Partner $249.95 cash reward recurring monthly
All Commissions are paid in U.S. Dollars (USD) or otherwise in currencies offered by the payment provider. Some payment methods may incur processing fees that may be deducted from Your Commissions. Your combined Commission must equal or exceed 100 Dollars ($100.00) (USD) before You receive a payment from Fusemate. If Your combined Commissions in a 120-day period do not exceed $100.00 (USD) Your Commissions will not be paid and will be forfeited.
Once a Commission of $100 (USD) or more is earned, You will need to register with our third party payment provider to receive payment of Commissions. This means You are authorizing third party companies to contact You. Depending on your preferred method of receiving payment of Commissions from us, i.e. if you choose a different payment method other than PayPal, Fusemate or our third party payment provider may require You to submit a completed W-8 or W-9 tax form or any ancillary supporting documentation (the “required documents”) before processing any payment for Commissions.
If You fail to submit the required documents, Fusemate or our third party payment provider may not process any payment for Commissions that were earned more than 120 days before submitting completed required documents. Applicable tax documents may be requested from you and You shall submit such documents upon Fusemate’s request. If You are not a resident of the United States, Fusemate may withhold tax (including, not limited to, VAT) where required by applicable law. You are solely responsible for complying with all tax laws in Your respective jurisdiction(s) including, but not limited to, the payment of all required taxes, and filing of all returns and other required documents with, the applicable governing body(ies).
Affiliates will not be earning any Commissions for payments made on Affiliate’s own user account(s). Affiliates are not permitted to open a Fusemate account under the name of another person or entity, under a fictitious name, or under any name merely for the purpose of obtaining Commissions or any other compensation. Affiliates are not permitted to offer cash rebates or other monetary incentives to obtain Sales unless specifically approved by Fusemate in writing.
Commissions are earned for transactions that actually occur between Fusemate and a Sale and in which payment is received by Fusemate. If refund/chargeback occurs for a Sold Account, and if a Commission was paid to You for that Sold Account, such amount is considered unearned, and the Commission will be deducted from Your future Commissions.
Except as otherwise expressly provided to the contrary, the obligation under this Agreement to compensate Affiliate by Fusemate shall survive for only two (2) years from the date of Commission earned unless there is an amendment in writing and signed by both parties.
If Fusemate determines, in its sole and exclusive discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement or applicable law, no Commission will be considered earned for such Sale and, for past sales, such payment amounts shall be deducted from Your future Commissions or shall be refunded back to Fusemate. Fusemate may also terminate this Agreement immediately without any further liability to you.
SECTION 5. TERM AND TERMINATION
If this Agreement is terminated or canceled, then all provisions that, by their nature, should survive, will survive, including, but not necessarily limited to, all limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration and class action waiver provisions, and exceptions to arbitration. All representations and warranties undertaken by You shall also survive termination or cancellation of this Agreement and/or Your Fusemate account.
SECTION 6. ADDITIONAL REPRESENTATIONS AND WARRANTIES
In addition to Your other representations and warranties herein, You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against You by the Australian Competition and Consumer Commission. (“ACCC”), any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against You which relate to alleged intentional torts or alleged violation of any consumer protection or advertising laws. If You become the subject of such an investigation, inquiry, prosecution, or lawsuit any time after this Agreement is executed, You are required to notify Fusemate of the same within 24 hours. Fusemate, in its sole and exclusive discretion, may immediately terminate Your participation in Fusemate’s Affiliate program, as well as immediately terminate this Agreement, based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph.
You make representation and warranty to comply with all terms and conditions of appendix, Privacy Procedure, keep it confidential, no disparaging.
SECTION 7. ENTIRE AGREEMENT
This Agreement, Appendix A below, along with Fusemate’s Terms of Service, represents the entire agreement between the Parties and supersedes any other written or oral agreement between the Parties as pertaining to Your Affiliate application and, if approved, Your rights and responsibilities as an Affiliate.
SECTION 8. INDEPENDENT CONTRACTOR
Affiliates are independent contractors of Fusemate. It is the express understanding and intention of the Parties that no relationship of employee/employer nor principal and agent shall exist between Fusemate and You by virtue of this Agreement. You have no right to act on behalf of or bind Fusemate in any way, nor share in the profits or losses of Fusemate. The only compensation available to You is set forth in this Agreement. You are solely and exclusively responsible and liable for all of Your acts or omissions.
SECTION 9. DISCLAIMER
Fusemate does not promise, guarantee, or warrant Your business success, income, or sales. You understand, acknowledge, and agree that Fusemate will not at any time provide sales leads or referrals to You. You understand and agree further that this is not a business opportunity or a franchise opportunity.
SECTION 11. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, & GOVERNING LAW
Any dispute arising hereunder shall be settled by arbitration administered in Queensland Australia. The arbitration shall be conducted before a panel of one arbitrator in Queensland, Australia. The arbitration shall be conducted in the English language. The arbitrators will be bound to apply the laws of the State of Queensland. The decision of the arbitrator(s) will be made in writing and shall be final and binding on the parties. Each party shall be responsible for its own costs with respect to the proceedings irrespective of the outcome. This Section provides the sole recourse for the settlement of dispute rising hereunder, except that either party may seek a preliminary injunction or other form of injunctive relief in any court of competent jurisdiction if, in its reasonable, good faith judgment, such action is necessary to prevent or curtail irreparable harm.
Furthermore, the parties agree not to bring any disputes between each other on a collective or class basis; rather, the parties agree to bring such disputes in arbitration on an individual basis only. An arbitrator may not resolve any disputes concerning the enforceability or validity of this class and collective action waiver; only a court with proper jurisdiction may resolve such a dispute. If this class action waiver is held to be illegal for any reason, the parties agree that a court, and not an arbitrator, will hear any class or collective action.
SECTION 12. INDEMNITY
You agree to protect, defend, indemnify and hold harmless Fusemate, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with (1) use of or reliance on information or data supplied or to be supplied by You (2) any breach of or default under the terms or conditions of this Agreement by You (3) the use or possession of any Fusemate Property by You, except to the extent caused by the Fusemate’s negligence or willful misconduct (4) any negligence, gross negligence or willful misconduct by or on behalf of Affiliate or its employees or agents.
SECTION 13. SEVERABILITY
In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms of Service, as so modified, shall continue in full force and effect.
SECTION 14. MODIFICATION/AMENDMENTS
This Agreement and Fusemate’s standard Terms of Service may be modified by Fusemate’s discretion at any time, with notice to You. Amendments or modifications to this Agreement or the Terms of Service will be binding on You when they are sent to You via email or are posted in the affiliate center. No amendment to this Agreement or the Terms of Service shall be valid unless prepared or signed by Fusemate. Your continued acceptance of Commission payments constitutes Your acceptance to any modifications or amendments to this Agreement and the Terms of Service.
SECTION 15. JUDICIAL ACTION FOR PROVISIONAL RELIEF
Fusemate shall have the right to seek and obtain from any court of competent jurisdiction any equitable or provisional relief or remedy enforcing any right or interest it may have in connection with this Agreement, including without limitation a temporary restraining order, preliminary injunction, writ of attachment, order compelling an audit, or enforcement of any liens or security interests held by either party in the property of the other. No judicial actions permitted by this paragraph shall waive or limit the claiming party’s rights to adjudicate the merits of the dispute by arbitration.
The parties hereby agree and acknowledge that any breach or threatened breach of this Agreement will result in irreparable harm to Fusemate for which there will be no adequate remedy at law. In addition to other remedies provided by law or at equity, in such event the non-breaching party shall be entitled to seek injunctive relief, without the necessity of posting a bond and without having to establish actual damages resulting from a breach, to prevent any further breach of this Agreement by the other Party.
SECTION 16. COMPLAINT NOTIFICATION
Affiliate must notify Fusemate of any complaint received by Affiliate regarding any advertisements within twenty-four (24) hours of receiving such complaint. Notice should be sent to email@example.com.
SECTION 17. FORCE MAJEURE
No party will be liable for nonperformance of any of its obligations under the agreement if its nonperformance was due to a Force Majeure Event as defined in this Section if reasonable notice and good faith efforts to find a reasonable solution are provided.
“Force Majeure Event” shall mean any act of God; war; riot; civil strife; act of terrorism, domestic or foreign; embargo; governmental rule, regulation or decree; flood, fire, hurricane, tornado, or other casualty; earthquake; strike, lockout, or other labor disturbance; the unavailability of labor or materials to the extent beyond the control of the party affected; pandemics, epidemics, local disease outbreaks, public health emergencies, and quarantines; or any other events or circumstances not within the reasonable control of the party affected, whether similar or dissimilar to any of the foregoing. Upon occurrence of a Force Majeure Event, the non-performing party shall, in a timely manner, notify the other party that a Force Majeure Event has occurred, its anticipated effect on performance.
Additional Terms and Rules for Advertising
1. General Compliance. Affiliate shall publish or otherwise distribute advertisements in strict compliance with all applicable laws and regulations, including without limitation, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), laws governing testimonials (including the FTC’s Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)), and all guidelines issued by the FTC. Affiliate is solely responsible for ensuring Affiliate’s compliance with all laws.
2. Disclosure. On any website that Affiliate advertises any Fusemate service or product, Affiliate must plainly display (i.e., not in a link, or in small font) disclaimer language, such as:
Disclosure: I am an independent entity from Fusemate. I am not an agent or employee of Fusemate and have no authority to make binding contract or represent Fusemate. I receive referral payments from Fusemate. The opinions expressed here are my own and shall NOT be interpreted or considered as representations, guarantees, or statements by Fusemate.
3. Non-Disparagement. Affiliate agrees that Affiliate shall not at any time make, publish or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments or statements concerning Fusemate or any employees or officers no or in the future. Affiliates shall also not make any negative comment about competitors for the purpose of promoting Fusemate products or services.
4. Social Media. If Affiliate advertises on Social Media including but not limited to YouTube, or Instagram each post must comply with all of the following:
a) Each post must contain #Fusemate.
b) Each post must contain #ad in a clear and conspicuous location before the text of the description and in all events before the “More” button.
c) Each Instagram post must use Instagram’s “Paid Partnership” tool.
d) Each YouTube post must contain the word “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” within the video itself in a font size that is clearly recognizable to the viewer and which appears persistently throughout the length of the video in the top right hand portion of the video.
If Affiliate is advertising on other forms of written social media (e.g., Facebook, Twitter), Affiliate must comply with the above disclosure restrictions as applicable to each form of social media. Affiliate must also comply with all rules of each social media platform that Affiliate uses.
5. Income and Business Opportunity Claims. Affiliates are expressly prohibited from making, publishing or communicating, any claims or statements that use of Fusemate will guarantee that the user will make money. If Affiliate’s recruiting efforts include claims related to income Affiliate has made from using Fusemate or as an Affiliate, the following guidelines must be adhered to:
a) Affiliate’s statements must be completely true and accurate and supported by evidence of Affiliate’s experience.
b) Affiliate’s statements must be accompanied by the following disclaimer in clear and conspicuous font and placement: “These were my results based on my experience. Your results may be different. There is no guarantee You will make money.”
c) Affiliate is also expressly prohibited from making any express or implied claims that Fusemate is or provides a business opportunity, franchise opportunity, or an assisted marketing plan.
6. Intellectual Property Rights: All rights with respect to the Services and Fusemate’s name and trademarks, whether now existing or which may hereafter come into existence, which are not expressly granted to Client herein are reserved to Fusemate. Any goodwill generated through Affiliate’s use of Fusemate’s name and trademarks shall insure solely to the benefit of Fusemate. Except as set forth in this Agreement, Client may not use Fusemate’s name or trademarks without Fusemate’s prior written consent.
Affiliate will promptly notify Fusemate of any infringement or threatened infringement of any rights of Fusemate of which Client becomes aware and will provide reasonable assistance to Fusemate, at Fusemate’s expense, in connection therewith. Client will use commercially reasonable means to protect the security of the Services on Client’s system and network, including internal and public websites, from hacking or other unauthorized access, modification or redistribution. Upon becoming aware of any breach in security, Client shall take prompt action to remedy such breach.
7. General Restrictions: You represent, warrant and agree to comply with the following:
a) Affiliates are strictly prohibited from making claims concerning the products and services offered by Fusemate that are inconsistent with, or beyond the scope of marketing materials produced and made available by Fusemate on the Fusemate website, Fusemate.io. Affiliate is prohibited from publishing or otherwise distributing advertisements by any method including but not limited to telemarketing, fax, or text messaging in any form to any device. Affiliate may offer information and materials of tangible value including, but not limited to, website templates, information about e-commerce, website design, and online marketing, for reduced or no charge, but only so long as Affiliate accurately describes and delivers such information and materials to potential users. Fusemate retains the sole and exclusive discretion to determine whether Affiliate’s advertising and conduct follow all laws.
b) Affiliate is not permitted to engage in any unlawful or deceptive actions with respect to search engine optimization, including, but not limited to, using any technique that generates paid search results based on any trademarks of Fusemate, any brand name of Fusemate, or based on the trademarks or brand name of any competitor of Fusemate, or any other third party. Affiliates shall not directly link to a Fusemate’s sales page from any paid advertising.
i. Affiliates shall not offer monetary incentives, such as rewards points, cash, or prizes to Prospects in return for their response to an advertisement.
ii. You will only use the Links we provide you for each banner, text link, or other affiliate link obtained from the affiliate interface without manipulation or modification of any kind.
iii. You may not “self-refer,” meaning that only transactions by other persons using your Link will result in Affiliate Fees.
iv. You may not manipulate referrals to switch from other affiliates. We will only switch a referral if the customer writes into support asking to be switching.
v. You will not engage in any behaviors that are fraudulent, abusive, or harmful to the Site or the Program at our discretion.
vi. We reserve the right, at any time, to review your placement and approve the use of your Links and require that you change the placement or use to comply with the guidelines provided to you.
vii. Your Website will not in any way copy, resemble, or mirror the look and feel of the Fusemate Marketing Site. You will also not use any means to create the impression that Your Website is our Site or any part of our Site, including by framing of our Site in any manner.
viii. You may not engage in cookie stuffing or include pop-ups or false or misleading links on Your Website. In addition, you will not attempt to mask the referring URL information (i.e., the page from where the click is originating).
ix. The maintenance and the updating of Your Website(s) will be your responsibility. We may monitor Your Website(s) as we feel necessary to make sure that it is (or they are) up-to-date and to notify you of any comments as it relates to the Program.
x. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to Your Website. You must have express permission to use any person’s or any business’s or entity’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s, business’s, or entity’s copyrighted material or other intellectual property in violation of the law or any third-party rights.
xi. You will not send unsolicited bulk-emails (spam). You will not create advertisements that appear on (a) sites and apps that contain or reference categories adult content, pornography, weapons, graphic violence (including any violent video game images), alcohol, drugs, tragedy, transportation accidents, sensitive social issues, gambling, or content that is offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise), or solicitous of any unlawful or offensive behavior; or (b) ads that appear on fake news content.
xii. You will not use any images, text, or other content provided to you by Fusemate except Licensed Material (defined in Section 9 below) as authorized under this Agreement and may not modify the graphic image or text in any way. All of our rights in the images and text, any other images, our trade names and trademarks, and all other intellectual property rights are reserved. We may revoke any licenses or other rights referenced in this Agreement at any time for any reason.
xiii. You acknowledge our ownership of our Licensed Materials, agree that you will not do anything inconsistent with our ownership, and agree that all of your use of the Licensed Materials (including all associated goodwill) will insure to the benefit of, and on behalf of the Fusemate. If requested, agree to assist us in recording this Agreement with appropriate government authorities. You agree that nothing in this Agreement gives you any right, title, or interest in the Licensed Materials other than the right to use the Licensed Materials in accordance with this Agreement. You also agree that you will not attack our rights in or title to the Licensed Materials or the validity of the Licensed Materials or this Agreement.
xiv. You will not offer discounts, coupons, free trials, promo codes, or any other promotional offer that is not expressly authorized by Fusemate in writing. Fusemate may, on a case-by-case basis, offer you access to discounts, coupons, free trials, promo codes, or other promotional offers, and you agree to comply with all terms and limitations that Fusemate establishes in connection with such promotional offers.
xv. Unless otherwise agreed upon in writing by Fusemate, you may not promote through a sub-affiliate network and all advertising and all Affiliates must agree to this Agreement.
8. Pay-Per-Click (“PPC”) Restrictions: Unless Fusemate gives you written consent, you agree to comply with the following restrictions:
a) You may not bid on any of our Restricted Terms (defined below), including any variations or misspellings thereof for search or content-based campaigns on Google, Bing, MSN, Yahoo, Facebook or any other network.
b) “Restricted Terms” means any of the following terms: Fusemate, Fusemate.io, www.Fusemate.io, Fusemate coupon, Fusemate discount code, Fusemate discount, Fusemate promo code, Fusemate sale, Fusemate promo, Fusemate sales, Fusemate deals.
c) You may not use our Restricted Terms, including any variations or misspellings as per above in sequence with any other keyword.
d) You may not use our Restricted Terms in your ad title, ad copy, display name or as the display URL.
e) You may not use any of our trademarked terms as part of the domain or subdomain for Your Website.
f) You may not directly link to the Site from any PPC ad or use redirects that yield the same result. Customers must be directed to an actual page on Your Website.
g) You may not bid in any manner appearing higher than us for any search term in positions 1-5 in any auction-style PPC advertising program.
h) If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your marketing and related activities and we strongly suggest you add our trademarked terms as negative keywords.
We have a strict no tolerance policy on PPC trademark bidding. We will not enter a discussion about when the violation started and when it stopped; you will forfeit all Affiliate Fees for a minimum of the past 30 days, your Affiliate Fee balance will be set to $0 without warning, and we may terminate your participation in the Program at our discretion.
9. General Advertising Restrictions. You represent and warrant that Your Website(s), social media posts, and any other advertising materials will not:
a) Infringe our or anyone else’s intellectual property, publicity, privacy or other rights.
b) Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, offensive, or contains nudity, pornography, or sexually explicit materials.
c) Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
d) Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate payments from another website. This includes toolbars, browser plug-ins, extensions, and add-ons.
Affiliates are strictly prohibited from making claims concerning the products and services offered by Fusemate that are inconsistent with, or beyond the scope of marketing materials produced and made available by Fusemate on Fusemate website, Fusemate.io. Affiliate is prohibited from publishing or otherwise distributing advertisements by any method including but not limited to telemarketing, fax, or text messaging in any form to any device. Affiliate may offer information and materials of tangible value including, but not limited to, website templates, information about e-commerce, website design, and online marketing, for reduced or no charge, but only so long as Affiliate accurately describes and delivers such information and materials to potential users. Fusemate retains the sole and exclusive discretion to determine whether Affiliate’s advertising and conduct is in compliance with all laws.
Fusemate retains exclusive ownership of all Fusemate Trademarks and other intellectual property and all of its rights therein. Affiliates shall not promote or provide services to any other business or person that is infringing any of Fusemate’s intellectual property.