As an authorized affiliate ((“Affiliate)” or “you”) of Idle Smart Inc, you agree to abide by the terms and conditions contained in this Agreement ((“Agreement)”). Please read the entire Agreement carefully before registering and promoting Idle Smart Inc. (“Idle Smart”) as an Affiliate.
Your participation in the affiliate program (the “Program”) is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to Idle Smart Inc by your own website or personal referrals.
By signing up for the Program, you agree to be bound be these terms and conditions.
Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application at our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
Affiliate Fees and Payouts
A referral will become eligible for payout (“Eligible Referral”) at the end of the next calendar month if it meets all of these criteria:
- The referral makes a purchase of an Idle Smart product, and the product has been paid for in full.
- The referral’s account remains active and in good standing for 30 days.
- The referral’s account has not had its initial payment refunded, charged back or otherwise reversed.
The Affiliate is entitled to receive a one-time payment of $XXXX United States Dollars for each active Eligible Referral that is recorded by Idle Smart (the “Affiliate Fees”).
Idle Smart, in its sole discretion, will determine from its records the eligible Affiliate Fees owed.
All Affiliate Fee payments will be payable in United States Dollars only once per month. Payment will be made via electronic payout. The Affiliate is responsible for providing Idle Smart with the full and accurate details that are required to remit the Affiliate Fees and is solely responsible for any delays in payment resulting from its failure to do so.
Restrictions
You are free to promote your own web sites, but naturally any promotion that mentions Idle Smart could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Idle Smart. 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 Idle Smart 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. At all times, you must clearly represent yourself and your web sites as independent from Idle Smart.
Termination
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Violation of intellectual property rights. Idle Smart Inc reserves the right to require license agreements from those who employ trademarks of Idle Smart Inc in order to protect our intellectual property rights.
- Offering rebates, coupons, or other forms of promised kickbacks from your Affiliate Fees as an incentive. Adding bonuses or bundling other products with Idle Smart products, is acceptable.
- Self-referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, Idle Smart Inc reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
Affiliate Links
You may use graphic and text links both on your website and within in your email messages. You may also advertise the Idle Smart Inc site in online and offline classified ads, magazines, and newspapers.
Coupon and Deal Sites
Idle Smart Inc occasionally offers coupon to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:
- Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
- Affiliates may not bid on Idle Smart Inc Coupons, Idle Smart Inc Discounts or other phrases implying coupons are available.
- Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
- User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e., “click here to see coupons and open a window to merchant site” is NOT allowed).
- Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior written permission of Idle Smart
Liability
Idle Smart Inc will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Idle Smart Inc. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
Additional Term of the Agreement
- The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.
- The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
- Affiliate and Idle Smart are independent contractors. Nothing in these terms and conditions will create any partnership, joint venture, employment, agency or joint venture relationship between the parties. The Affiliate has no authority to act on Idle Smarts behalf.
- This Affiliate Agreement constitutes the entire understanding between Idle Smart and the Affiliate. This Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.
- Any dispute arising in relation to this Agreement shall be exclusively resolved in the Courts of the State of Missouri, County of Jackson, City of Kansas City.
Indemnification
Affiliate shall indemnify and hold harmless Idle Smart and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Idle Smart to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
Disclaimer
IDLE SMART MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING IDLE SMART SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT 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.
Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Idle Smart application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.