Myngle Affiliate Program - Terms and Conditions
The Myngle Affiliate Program Agreement (the Agreement) serves to guard both parties by preventing confusion, misunderstanding, and to ensure we both work according to mutual agreed processes.
1. Myngle Trademarks
a)You will not use in your domain name or URL (specifically, any term before the third "/" of your URL) nor purchase or register in any search, referral, or advertising service any of the following terms:
b)Any Myngle company trademarks, and all translations thereof, or any URL or keyword string that includes the Myngle company name (for example, "www.yourcompany-myngle.com"; or
c)Variations of the Myngle company trademark (for example, "Myngle.com", "www.Mingle.com", "Mingl", "Myngl", "www.Myngle", "ww.Myngle.com", "www,Myngle.com", "wwwMyngle.com", "mingle", "mngle",
Please note: this is not an exhaustive list of prohibited words, phrases, or combinations therefor otherwise apply intellectual property rights.
d). You do not obtain any rights under this Agreement in any intellectual property, including, without limitation, any intellectual property with respect to the Special Links, link formats, technical specifications, guidelines or graphical artwork referenced above, or with respect to the Myngle.com domain name.
2. Unacceptable terms
You shall not display any content on your website or purchase or register search engine keywords, search terms or other identifying terms or that Myngle considers in its sole discretion to fall into any of the following categories:
· Promote sexually explicit materials
· Promote violence
· Promote illegal activities
· Promote gambling or betting
· Promote discrimination based on sexual orientation, sex, religion, nationality, race, disability or age.
· Promote firearms or weapons
Infringe upon others' intellectual property rights
By participating in the Program you agree that you will not engage in any such activities. If we reject your application, you are welcome to reapply to the Program. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement. Participation in the Program is limited to parties that lawfully can enter into and form contracts under applicable law.
3. Tracking Tags.
A) As part of the Program, Myngle may provide you with tools, products, and creative assets ( named, "Assets") that include information that helps track Transactions generated by You and attribute them to Your Account. You will use each of these Assets only in their intended manner as instructed by Myngle, and will not corrupt, modify, or disable them. You will not deliver any Myngle-related cookies or other tracking tags to the computers of users that are merely viewing your advertisements or while your applications are merely active or open.
B) You acknowledge that, by participating in the Program and placing any of the Assets within your site, we may receive information from or about visitors to your site or communications between your site and those visitors. Your participation in the Program constitutes your specific and unconditional consent to and authorization for our access to, receipt, storage, use, and disclosure of any and all such information, consistent with the policies and procedures set forth in the Privacy Notice on the Myngle.com website.
a. We will provide you with guidelines and graphical artwork to use in linking to the Myngle.com site. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special "tagged" link formats to be used in all links between your site and the Myngle.com Site . You must ensure that each of the links between your site and the Myngle.com Site properly utilizes such special link formats. Links to the Myngle.com Site placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "affiliate Links." You will earn referral fees only with respect to activity on the Myngle.com Site occurring directly through affiliate Links; we will not be liable to you with respect to any failure by you to use affiliate Links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
b. For each transaction, You will be compensated in accordance with the then-current Payout schedule for Transactions on the Myngle.nl site ("Commission-Earning Activity"). To qualify as a payable transaction, a user must take an affirmative action, clicking on your properly-coded link in browser environment.
c. Myngle reserves the right to delay Your compensation if there is a suspicion of bad faith associated with any transaction driven by You.
d. Myngle reserves the right to delay Your compensation if You are suspected of causing users non-compliance with this Agreement.
5. Terms Governing Incentive Sites.
You will not directly or indirectly offer any consideration or incentive for any Commission-Earning Activity or for clicking on an affiliate program-coded link unless expressly authorized to do so in writing by Myngle. Each such written authorization will authorize only one specific incentive. Any subsequent change to an authorized incentive must be re-submitted in writing for authorization by Myngle.
6. Email Promotion.
You agree not to send any emails in Your promotion of the Myngle site unless authorized and approved to do so by Myngle. Authorization and approval of email marketing includes additional terms and conditions to which you must agree before such promotion begins.
7.Terms Governing Downloadable Software.
You will be paid for Commission-Earning Activity derived from downloadable software (further called DLS) only if the DLS complies with all of these Terms and Conditions.
A) Legal Compliance. The operation of the DLS complies with all applicable laws in all relevant jurisdictions and does not deceive consumers about its nature, purpose, or operation.
B) Informed Consent. The DLS is not installed or executed on the computer of any user until that user has given explicit consent to its installation or execution. "Explicit consent" means:
1. The user has received a clear, , and conspicuous notice, in plain language and outside of any user agreement or terms, that the DLS will collect information about web usage (and, if applicable, personally identifiable information), and will use that information to display advertising on the user's computer ;
2. The user has been provided with, or has been provided an opportunity to access, a more detailed description of the type(s) of information collected and the purpose(s) for which it will be used;
3. If the DLS is bundled with other software, the user has been provided with specific identification of the advertising-serving program(s) ("Adware") in the bundle; andfter receiving the notice specified in (1) and after being provided, or provided an opportunity to access, the information specified in (2) and (3), the user affirmatively chooses to have the DLS installed or executed on his or her computer.
C) Easy Removal. A user must be able to completely uninstall the DLS through a means that the user can readily identify and perform without undue effort or specialized knowledge (preferred alternatives include providing easy access to an uninstall process from the content or framing of the DLS or a readily recognizable icon or listing the DLS in the add/remove feature in the Windows operating system). Uninstall processes must not be deceptive, complicated or confusing..
D) Full Disclosure. All ads generated on the user's screen by the DLS identify the DLS as the source of the ad, using the same name as provided most prominently at the time the DLS was downloaded.
E) No Persistent Ads. Users must be able to close (without ending their browser sessions) any DLS-generated pop-ups, pop-unders, or other advertisements that cover otherwise viewable content.
F) Value to User. Either the DLS or an application bundled with the DLS must have meaningful value to the user that outweighs any burden imposed. For example, DLS that is combined with a translation program would meet this requirement.
G) Limited Number of Ads. The DLS will not serve an unreasonable number of pop-up or pop-under advertisements per day or per web browsing session.
H) Not Aimed at Children. The DLS is not specifically or primarily marketed to children under the age of 18 or downloadable from websites or services primarily oriented toward children.
I) Prohibited Operations. Neither the DLS, nor any other software bundled with or distributed with the DLS, performs any of the following functions unless explicitly instructed to do so by the user
1. sending unsolicited information to another computer;
2. sending the user to another site not requested by the user;
3. initiating or terminating a user's connection to the Internet;
4. modifying the user's computer settings;
5. keystroke logging;
6. automatic re-installing or re-activating itself or another application after being uninstalled or removed by the user.
K. Other Terms. You will provide Myngle with an accurate and thorough description of the DLS on which any of Your ads appear. You will also notify Myngle in writing or by email such that Myngle receives your notice at least 10 days before there is any material change to the operation of the DLS. Except for any perpetual Myngle search box or any toolbar that has a perpetual link to Myngle, the DLS will not display an ad (including any pop-ups, pop-unders or tool bars) that contains Myngle affiliate links while aMyngle page is open on a user's computer.
7. Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
A. the technical operation of your site and all related equipment
B. ensuring the display of affiliate Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
C. creating and posting Product descriptions on your site and linking those descriptions to the
Myngle.com Site catalog
D. the accuracy and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with affiliate Links)
E.ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
F. ensuring that materials posted on your site are not libelous or otherwise illegal
We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
(8) Your Responsibility for Your Agents. You will not make any commitments or representations on behalf of Myngle with regard to any relationship you enter into with Your Sub-Publishers, Distribution Partners, or any other third parties (further named, "Agents") in connection with your promotion of a Myngle site. You will ensure that Your Agents agree to terms and conditions that are at least as restrictive as these Terms and Conditions, subject to applicable law, and shall include a provision in such terms and conditions that Myngle is a third party beneficiary. Any violation by Your Agents of the terms and conditions of this Agreement shall constitute a violation by You and Myngle shall have full recourse against You with respect to such a violation, including without limitation, suspension or termination from the Program.
a. Agents. You must identify each Sub-Publisher with a unique tracking ID . Myngle reserves the right to terminate any affiliate engaging in "Sub-Publisher" or "distribution partner" agent relationships at any time, at Myngle's discretion, based on a breach of these terms and condition by Your Agent.
9. Disclaimer of Warranties.
MYNGLE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. MYNGLE AND CJ, EACH INDIVIDUALLY, TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIMS ALL LIABILITY RELATING TO THESE TERMS AND CONDITIONS OR THE PROGRAM.
10. Global Compliance.
Any infractions of these terms and conditions will be monitored and enforced globally. Violations in one country program will be counted equal with violations in all other country programs with which You or your Agents are affiliated.
11. Publisher's Indemnification Obligations.
You will defend, indemnify, and hold each of Myngle harmless against all claims, liabilities, and expenses claimed or incurred by third parties directly or indirectly as a result of any breach of these terms and conditions, and/or distribution or use of applications or content by You, Your Agents, or anyone else that you are affiliated with.
12. Remedy for Breach.
If You breach any of these terms, in addition to any other available remedies, Myngle may remove You from the Program immediately, withhold or recover any compensation for transactions not in compliance with these terms, and request that you immediately remove any search terms registered or purchased in violation of the terms.
Myngle may amend these Terms and Conditions by notifying You, email, or mail sent to Your address of record. You may review any revised Terms and Conditions for up to seven days after Myngle sends its notice. After seven days, the revised terms will automatically take effect and become fully enforceable. If You do not agree with the revised Terms and Conditions, You will remove Yourself from the Program through Your Account and remove and stop promoting any Myngle Links.
By singing. You are agreeing to be bound the terms in these Terms and Conditions. If You do not understand or agree to all of the terms and conditions of these Terms and Conditions, don’t sign this contract.