Affiliate Agreement

Affiliate Program Agreement

1. Maps Marker Pro Affiliate Agreement

This agreement describes the terms and conditions for participation in the Maps Marker Pro affiliate program. In this agreement, the term “affiliate” refers to you (the applicant).

2. Modification

By posting a Change Notice or a new agreement on this site, we may modify any of the terms and conditions within this agreement at any time and at our sole discretion. These modifications may include, but not limited to, changes in the scope of available referral fees, fee schedules, payment procedures and Affiliate Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM following the posting of a Change Notice or a new agreement, it will be considered as your acceptance of the change.

3. Enrollment

To enroll in the affiliate program, you must submit an affiliate application form. We will then check and process your application.

4. Affiliate URLs

You will be issued special URLs (for image banner, text ads etc) once you become an approved member of the Maps Marker Pro Affiliate Program, which will be unique to you and you only, and will allow you to be paid for affiliate referrals.

5. Commissions

Affiliates will receive 25% of the revenue as a commission from orders placed through properly coded affiliate links (unless noted otherwise for a particular product). Commissions may change at the discretion of the product publisher, Maps Marker Pro commissions may increase during limited time special promotions, but they will return thereafter to the previous valid rate for each affiliate.

For a sale to generate a commission to an affiliate, the customer must complete the order form and remit full payment for the product ordered through the secure order system. Word of mouth referrals will not result in an affiliate commission being generated. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured affiliate links. Properly coded links are the sole responsibility of the affiliate.

Automatic performance awards

Your commission rate will increase by 1% for each 10 approved commissions generated, up to a maximum commission rate of 50%. Your commission rate will never go down, regardless of sales volume.

Three-tier model

Recruit new affiliates and receive additional commissions:

  • Tier Level 0 commision: 25% from sales amount for your sales (up to 50% through performance awards)
  • Tier Level 1 commission: 5% from sales amount for sales from affiliates on tier 1
  • Tier Level 2 commission: 5% from sales amount for sales from affiliates on tier 2

If a regular customer joins the affiliate program, the referring affiliate will automatically become the top tier for the new affiliate account.

Non-Qualified Orders

Orders refunded at the request of the purchaser, orders charged-back due to credit card fraud and orders from the affiliate him/herself do not qualify for commission.

6. Payment

Maps Marker Pro pays affiliates via a PayPal account, provided to us when a member joins. If the PayPal email changes, it is the responsibility of the affiliate to notify the Affiliate Program to ensure proper commission payments.

We approve commissions once the customer has activated their license OR 60 days after the sale occurs, whichever comes first.

Affiliate payments are processed and sent directly to your PayPal account around the 1st of each month. While we usually process all payments on the 1st day of the month, we don’t guarantee payments will be posted by the 1st. We hold payments for a full 30 days to allow for processing, chargebacks, etc.

For example, you would receive an affiliate payment for the full month of August by October 1st.

7. Order Fulfillment

Maps Marker Pro will be solely responsible for processing every order placed by a customer via affiliate links. Affiliates are not authorized to collect payments or sell any Maps Marker Pro products from other websites as a “reseller” and no “resale” rights are granted in ANY way. Affiliates are not authorized to sell any of these products on ebay or other auction sites. Affiliates are not authorized to give away copies of any of these products. Maps Marker Pro will also be solely responsible for all customer service inquires. All affiliates understand and acknowledge that no physical products will be shipped.

Customers who purchase products and services through the Maps Marker Pro Affiliate Program will be deemed to be customers of Maps Marker Pro. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Maps Marker Pro policies will always determine the price paid by the customer.

8. Qualifying Sites

Maps Marker Pro reserves the right to refuse any site entry into the Maps Marker Pro Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include sites which:

  • Promote sexually explicit materials
  • Promote violence
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Promote illegal activities
  • Infringe or otherwise violate any copyright, trademark, or other intellectual property rights
  • discount coupon sites/directories

9. Permitted Usage

The following are permitted uses of the Maps Marker Pro brand and marketing resources

Affiliates are permitted to use the default graphical banners and design resources. If a specific size banner ad is not available, the affiliate may contact the Affiliate Program manager at affiliates(a)mapsmarker.com and request that a new banner graphic be added to the available resources.

10. Prohibited Usage

The following cases prohibited and are grounds for immediate termination of the affiliate account.

  • Affiliates MAY NOT use the Maps Marker Pro logo, logo marks or other Maps Marker Pro website/branding imagery in a header graphic or in any way as to indicate they are officially linked or partnered with Maps Marker Pro.
  • Affiliates MAY NOT use the term “Maps Marker Pro” in ANY variation in their site URL ex. (mapsmarker.net, mapsmarkercouponcodes.com, maps-marker.com, mapsmarker.plugins.com, etc).
  • Affiliates MAY NOT host or promote “coupon stacking” sites where customers may combine coupons to receive additional discounts.
  • Affiliates MAY NOT use non-requested email (spam), pop-ups, pop-under, exit pages as well as any other techniques obviously or secretly driving Clients to mapsmarker.com
  • Affiliates MAY NOT replace, intercept, interfere with, hinder, disrupt or otherwise alter a client´s access, view or usage of the affiliate´s site, a link or a vendor web site, including without limitation any click-through or track-based transaction.
  • Affiliates MAY NOT advertise Maps Marker Pro employing cookie stuffing techniques including, but not limited to, pop-ups, frames, images, Javascript or stylesheets.
  • Affiliates MAY NOT place links in any manner which may (intentionally or unintentionally) mislead any client.
  • Affiliates MAY NOT cause any use of a link in bad faith or through fraudulent means, including, but not limited to, using any device, program, robot, inline frames, hidden frames, or redirects.
  • Affiliates MAY NOT use automatic redirection or any automatically method for saving a cookie of an affiliate.
  • Affiliates MAY NOT promote services through scare-ware sales tactics.

11. Maps Marker Pro Anti-Spam Policy

Maps Marker Pro strictly prohibits affiliates from using spam e-mail and other forms of internet abuse (including spamming forums, blogs, Twitter, Facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:

  • Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt-in subscription;
  • Messages posted to Usenet, forums, Twitter, Facebook and message boards that are unrelated to the topic of discussion, cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.
  • Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
  • Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or “instant messaging” system;
  • Certain offline activities that, while not considered spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.

Maps Marker Pro, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:

  • Account Termination: Upon the receipt of a credible complaint, the Maps Marker Pro Affiliate Program manager may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account.

If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department at affiliates(a)mapsmarker.com

12. Relationship of Parties

Affiliates are independent contractors, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on our behalf. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.

13. Term and Termination

The term of this agreement will begin when you accept and will end when terminated by either party. Either Maps Marker Pro or the affiliate may terminate this agreement at any time, with or without cause. Upon the termination of this agreement for any reason, all licenses granted hereunder shall immediately terminate and the affiliate will immediately cease use of, and remove from affiliate’s web site, all links to the Maps Marker Pro websites, and all Maps Marker Pro trademarks and logos, other Maps Marker Pro marks and all other materials provided in connection with this program.

14. Limitation of Liability

Maps Marker Pro will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this agreement and the Affiliate Program will not exceed the total commissions paid or payable to the affiliate under to this agreement.

15. Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate’s potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the websites or the affiliate links will be uninterrupted or error-free, and Maps Marker Pro will not be liable for the consequences of any interruptions or errors.

16. Indemnification

You hereby agree to indemnify, defend and hold harmless MapsMarker.com, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys’ fees and costs) of any nature whatsoever incurred or suffered by us (collectively the “Losses”), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.

17. Miscellaneous

Our failure to enforce your strict performance of any provision of this agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this agreement.

If any of the provisions of this agreement are determined by a court to be unenforceable, they shall be severed from this agreement, and the remaining provisions shall remain in full force and effect.

Any litigation between parties shall be solved amiably, and if this is not possible, the case will be forwarded to the authorized courts of law from Vienna, Austria. The law applicable to the present agreement is the Austrian law.

By signing up with the Maps Marker Pro Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.

Affiliate Program Agreement History

Created: September 2013
Modifications:
October 14th 2013 (provisions will be approved when the license has been activated or 60 days after purchse)
September 16st 2015 (clarify non-qualified orders rules)
June 6th 2016 (minor spelling and phrasing edits)
July 17th 2017 (adjust customer tracking duration)
March 2020 mandatory approval upon new registration; clarified discount coupon sites/directories as reason for exclusion

Trademarks

MapsMarker®
Copyright 2011-2020 MapsMarker.com e.U., All Rights Reserved

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