Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration from you. We have written the following affiliate agreement with you in mind, as well as to protect your company’s good name. Please bear with us as we take you through this legal formality.
Do not apply if your website promotes sexually explicit materials, violence, discrimination, and/or illegal activities.
We do not work with distributors of downloadable software, toolbars, browser helper objects, shopping assistance applications, etc.
You must comply with FTC’s Endorsement Guidelines.
Fraud will be policed and penalized.
Spamming is prohibited.
Paid search campaigns containing our trademarks are prohibited.
Cybersquatting and typosquatting are prohibited.
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND KICKSTA, INC. (DBA KICKSTA.IO)
BY SUBMITTING THE ONLINE APPLICATION, YOU ARE AGREEING THAT YOU HAVE READ AND UNDESTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Kicksta’s Affiliate Program. The purpose of this Agreement is to allow HTML linking between your website and the Kicksta.io’s website. Please note that throughout this Agreement, “we,” “us,” and “our” refer to Kicksta.io, and “you,” “your,” and “yours” refer to the affiliate.
To begin the enrollment process, you will complete and submit the online application at the Tapfiliate website. The fact that we manually approve applications does not imply that we may not reevaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
2.2 As a member of Kicksta’s Affiliate Program, you will have access to an Affiliate Account Manager. Here you will be able to review our Program’s details and previously-published affiliate newsletters, download HTML code (that provides for links to web pages within the Kicksta.io website) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately track of all gust visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
2.3 Kicksta.io reserves 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.
2.4 The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5 It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a warning, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third-party rights.
2.6 We strongly advise affiliates to stay compliant with the Federal Trade Commission (FTC) guidelines on testimonials and endorsements. All endorsements, reviews, testimonials on Kicksta’s products and services, as well as relationships between other types of content websites (forums, blogs, microblogs, and other Social Media channels) and Kicksta.io must be clearly disclosed in a separate policy on the affiliate sites. FTC points out that “when there exists a connection between the endorser and the seller of the advertised product,” it is imperative that such a connection is “fully disclosed.” FTC deems the relationship in an endorser-sponsor light and believes that the end user has the right to understand that one exists. For example, “when an endorser who appears in a television commercial is neither represented in the advertisement as an expert nor is known to a significant portion of the viewing public, then the advertiser should clearly and conspicuously disclose either the payment or promise of compensation prior to and in exchange for the endorsement or the fact that the endorser knew or had reason to know or to believe that if the endorsement favored the advertised product some benefit, such as an appearance on television, would be extended to the endorser.” We share the underlying idea of this approach and strongly encourage our affiliates to adhere to the FTC’s rules. We also reserve the right to terminate our relationship with any noncompliant affiliates.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of an email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the Terms of Services in this Agreement at any time at our sole discretion. In such an event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Kicksta’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Kicksta’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
Kicksta uses a third party to handle all of the tracking and payment. The third party is the Tapfiliate affiliate network. Kindly review the network’s payment Terms and Conditions.
You will create a password so that you may enter Tapfiliate’s secure affiliate account interface. From their site, you will be able to receive your reports that will describe our calculation of the commissions due to you.
KICKSTA.IO MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING KICKSTA.IO SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THERIN, ANY IMPLIED WARRANTIES OF KICKSTA.IO ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
You present and warrant that:
11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL KICKSTA.IO’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless Kicksta.io and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorney’s fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement, which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not sure or disclose such proprietary information of the other party without express written permission of the disclosing party.
For more information regarding the Federal Trade and Commission (FTC) guidelines and regulations click here: https://www.ftc.gov/