Affiliate Program Agreement
This is a legal agreement between you and Pin Adventure Map.
By submitting the online application you are agreeing that you have read and understood the terms and conditions of this agreement and 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 Pin Adventure Map Affiliate Program. The purpose of this Agreement is to allow affiliates to market and sell the products and services featured in the specific affiliate program that the affiliate applies. This may or may not include HTML linking between your website and the Pin Adventure map brands web sites. Please note that throughout this Agreement, “we,” “us,” and “our” refer to Outtake Co. and its brands, and “you,” “your,” and “yours” refer to the affiliate.
2. Affiliate Obligations
2.1. Complete the application and submit it through our website following this link. While we may auto-approve applications we reserve the right to re-evaluate your application at any time and reject it at our sole discretion. Some but not all of the reasons we may cancel your participation are if you are:
2.1.1. Promoting sexually explicit materials
2.1.2. Promoting violence
2.1.3. Promoting discrimination
2.1.4. Promoting illegal activities
2.1.5. Infringing directly or indirectly any copyright, trademark, or other intellectual property rights or to violate the law
2.1.6. Including “Pin Adventure Map”, any of our brands, or variations or misspellings.
2.1.7. In any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable to us in our sole discretion.
2.1.8. Using software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner that resembles our website nor designs your website in a manner that leads customers to believe you are Pin Adventure map or any other affiliated brand or business.
2.2. We reserve the right, at any time, to review your usage of our links and HTML and ask you to remove or replace them.
2.3. You must provide maintenance to your sites, posts, and every digital activity you engage in. We may monitor your activities as we feel necessary to make sure that they comply and are up-to-date and we may notify you of any changes that we feel should be made.
2.4. Your site and activity must abide by every intellectual property and copyright law, local and international, at every time. You must have express permission to use any person’s copyrighted material. If you use another person or party’s copyrighted material it will be your responsibility only and not ours in any instance or manner.
3. Pin Adventure map Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to further notify you of any changes that we deem useful or necessary. If you do not make the changes to your site that we feel are useful or necessary, we reserve the right to terminate your participation in the Pin Adventure map Affiliate Program.
3.2. If you commit fraud or if you commit any abuse to our company or brands we will terminate this agreement and your participation immediately without the need of prior notice. If such fraud or abuse is detected, Pin Adventure Map shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
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 e-mail. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, you will be notified by e-mail. If any modification is unacceptable to you, your only option is to end this Agreement and by continuing participating in our Affiliate Program after such changes you are agreeing to such changes.
Pin Adventure Map will use different third-party applications and services to handle all of the tracking and payments. Payments are made by providing us with an invoice and will be done monthly or quarterly. You can request the payout upon reaching a minimum threshold of $100.
7. Access to Affiliate Account Interface
You will create a password so that you may enter your affiliate account. There you will be able to see the reports, statistics, and graphs that will show you all the data according to our agreement.
8. Promotion Restrictions
8.1. You are free to promote your own websites but must refrain to advertise or promote mentioning Pin Adventure Map brand without written approval by us. You should refrain at all times from: “spamming”, using unsolicited commercial email (UCE), posting to non-commercial newsgroups, and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Pin Adventure Map so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Pin Adventure Map so long as the newsgroup specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from the Pin Adventure Map. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Pin Adventure Map Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.2. You may not earn using Pay-Per-Click activities from our company or brands. You must always redirect to your assets and then redirect to us. If you do you will be held in violation of our trademark usage agreement and will be removed from the program without the need for prior notice and on the first occurrence.
8.3. You may not use any “Parasiteware™” or “Parasitic Marketing” in any means during the process of marketing and selling any of our brands, including but not exclusive to: (a) through accidental or direct intent causing the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepting searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) setting commission tracking cookies through loading of Merchant site in IFrames, hidden links and automatic pop ups that open Pin Adventure Map’s site; (d) targeting text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removing, replacing or blocking the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Pin Adventure Map’s Affiliate Programs. You agree that all uses of the Licensed Materials will be on behalf of Pin Adventure Map and the good will associated therewith will inure to the sole benefit of Pin Adventure Map.
9.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene, or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights, and no right, title, or interest is transferred to the other.
Our site and services are by no means free of technical or human errors. Such errors may happen and Pin Adventure Map and its brands will be exempted by you of any complications or inconveniences that you may encounter for such errors.
11. Representations and Warranties
11.1. You represent and warrant that:
11.1.1. 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;
11.1.2. 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;
11.1.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.