FamilyTreeDNA.com Affiliate Program Agreement

Transcription

1 FamilyTreeDNA.com Affiliate Program Agreement This Agreement contains the terms and conditions pertaining to your participation in the FamilyTreeDNA.com Affiliate Program (the Program ). In this Agreement, we or our or us refers to Gene by Gene, Ltd., a Texas limited partnership, and you or your refers to an Affiliate. We will hereafter use you and Affiliate interchangeably. 1. Acceptance Criteria & Customer Ownership (a) Your affiliation with us is entirely voluntary and does not constitute a business partnership. We have no responsibility or liability for any actions taken by Affiliates. (b) We reserve the right to reject an application or to end an Affiliate relationship for any reason or for no reason whatsoever. (c) Sites which provide the end user with unique value and/or help grow the online family and/or online family history category via articles, forums, blogs, resource links and other such content are preferred within the Program. (d) Affiliate sites composed of ads alone will not be accepted into the Program or will have the Affiliate relationship ended without prior notice. (e) Customers who buy tests through one of our Affiliates are considered our customers. Accordingly, our rules, policies, and procedures will apply to those customers. We shall own the customer relationship and customer service issues under the Program. We will be responsible for tests placed by customers who follow links from your site to us and for tests purchased from our commerce site. We will handle all issues pertaining to the tests and store purchases that are a result of a link from your site, including all customer service, cancellations and renewals once a customer orders a test, and any returns our commerce sites. We will track all customer impressions, clicks, and sales through persistent cookie technology. Each FamilyTreeDNA.com Affiliate Link is issued a unique identification number that is associated with your site. You are responsible to ensure your site is properly formatted and working. (f) Commissions will only be paid on Qualified Sales. Qualified Sales are all tests where the customer last accessed the site from an affiliate link prior to purchase. If an order is cancelled or refunded the affiliate commission account will be deducted. We have the right to change our test prices or policies at any time. 2. Commissions and Sales Tracking (a) Commissions are calculated each month based on sales for the same month. Sales totaling $1 to $500 receive a 5% commission, sales totaling $501 to $1000 will receive a 7% commission, and sales totaling more than $1000 will receive a 10% commission. The minimum commission amount required for payment is $50. We reserve the right to decide to which products and affiliates a certain commission will apply.

2 (b) Cookies will be tracked during a seven (7) day conversion window. If a customer purchases within that window that sale will be considered for a commission providing the cookie was not overriden as a result of a more recent click from another channel (including but not limited to organic and paid search, FamilyTreeDNA.com , online display media, other FamilyTreeDNA property, or another affiliate). (c) Commissions will be paid based on our tracking reports. We cannot guarantee tracking accuracy nor will it be auditable by Affiliates. (d) Affiliate will not be paid for any commission resulting from prohibited activities as stated below. 3. Prohibited Activities (a) Affiliates may not use our trademarked terms in URLs, may not in any way appear to be related to us, appear to have sales ownership of any of our properties or tests or claim to be an official site or preferred site of FamilyTreeDNA.com. Use of our trademarked terms in site copy must follow standard copyright law and FamilyTreeDNA.com policies. Affiliates may not purchase any domain name consisting of, or confusingly similar to, any FamilyTreeDNA.com proprietary or trademarked terms. (b) Affiliate may not publish or transfer any content copyright of ours or any of our brands without prior written permission from us. If permission is granted, the appropriate copyright must be included along with a direct link to FamilyTreeDNA.com (c) We retain sole right and title to all advertising related content and may discontinue or replace ads at any time. Affiliate may not alter these ads in any way, without prior written permission from us, including but not limited to remove branding, changing functionality, altering or removing a copyright or trademark notice. (d) Affiliates may not post any graphic, banner, functional widget or link for the Program that was not provided by us, unless prior written permission is gained. (e) Affiliates may not engage in marketing, paid search keyword marketing or incentive based marketing of any kind directly or indirectly without prior written permission from us. (f) Affiliates may not send any keyword traffic directly to us. The user must first land on a navigable page with useful content, as described above, before a second click leads them to our site. (g) Adware, spyware and other malware is strictly prohibited. (h) Affiliate sites must link diretly to FamilyTreeDNA.com with no site framing, pop up windows or downloaded software. (i) Affiliates must not tamper with the redirect links provided for sales tracking.

3 (j) FamilyTreeDNA.com may provide a redirect link which will allow Affiliates to send traffic to specific databases, URLs, articles, tests, and landing pages. (k) Affiliates must obtain approval for redirecting traffic to items not mentioned above. (l) FamilyTreeDNA.com links and ads may not be placed on any site that includes adult content or discriminatory content, nor may our ads be placed near other ads or links that lead to such content. Affiliates may not link to or include other inappropriate content to be judged at the sole discretion of us. (m) Affiliates may not include price information in a link to us, as we will not guarantee a certain price for any product. 4. Other (a) Affiliates are solely responsible for the development, operation, contents, maintenance, and liability of your site(s), including placement of ads. FamilyTreeDNA.com takes no responsibility nor will accept any liability for your site. (b) The hyperlinks and creative assets (collectively, Assets ) that are provided to you by us provide valuable information vital to the success of the Program, including information that helps ensure transactions generated by you are properly attributed to you for payout calculations. Thus, each of these Assets must be used in their intended manner as instructed by FamilyTreeDNA.com and the Affiliate tracking network. You agree that you will not corrupt, modify or disable the tracking functionality provided to you related to the Program. You further agree that you will not remove impression tags from the tracking code. (c) You must inform all sites that will include the FamilyTreeDNA.com Affiliate link with us prior to placement of the link. each URL, website, will be required to meet all of the above criteria, and may be rejected for any reason. Although the Affiliate tracking system may automatically accept new URLs this is strictly prohibited by us. All URLs must undergo prior approval by our Affiliate Management Team. Any Affiliate found to be adding new URLs without prior approval may be rejected from the Program and have their Affiliate earnings rejected. (d) All Affiliate URLs and other activities must be transparent and auditable by FamilyTreeDNA.com (e) All banner placements must be on URLs previously approved by us. (f) We cannot guarantee that our site will be uninterrupted or error free, and we will not be liable for any consequences arising from any interruptions or errors. (g) You will be solely responsible for the development, operation, contents, and maintenance of your site. We take no responsibility for content or functionality of your site.

4 (h) Commissions earned must be based on adhering to these Terms & Conditions and any breach as determined solely by our Affiliate management may result in canceled Affiliate payments and rejection from the Program. (i) The term of this Agreement will take effect upon our acceptance of your Affiliate application and will end when terminated by either party. You may terminate this Agreement at any time, for any reason or without a reason. We may terminate this Agreement for any or no reason whatsoever, but will terminate if, among other reasons, we determine that your site content is inappropriate, you have breached any conditions of this Agreement, or if you are sending spam (mass, unsolicited e mail messages) to customers. (j) You are only eligible to earn referral payments on tests purchased during the term of the Agreement. Payments earned through the date of termination will remain payable only if the test is not canceled. We may withhold any Affiliate earning that was earned while in violation of any of these terms and conditions or those of the Affiliate network tracking system. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. We may change, suspend, or discontinue any aspect of this Agreement or the Service, including the availability of any Service feature, database, or other content with 7 days notice. We also reserve the right to modify any portion of this Agreement with 7 days notice. (k) IF ANY PROTION OF THIS AGREEMENT OR ANY FUTURE MODIFICATIONS TO THIS AGREEMENT ARE UNACEPTABLE TO THE AFFILIATE, OR CAUSE THE AFFILIATE TO NO LONGER BE IN COMPLIANCE WITH THE AFFILIATE AGREEMENT, THE AFFILIATE OR FAMILYTREEDNA.COM MAY CANCEL THE AGREEMENT. LEAVING THE PROGRAM IS THE AFFILIATE'S SOLE RECOURSE IF IT DISAGREES WITH OR NO LONGER WISHES TO BE BOUND BY THIS AGREEMENT. AN AFFILIATE S CONTINUED USE OF THE SERVICE CONSTITUTES A BINDING ACCEPTANCE OF THESE TERMS AND CONDITIONS BY THE AFFILIATE. 5. Compliance with Our Standards Employees and members of immediate families of employees of Gene by Gene, Ltd. are not eligible to participate in the Program, nor be employed by or receive any compensation to assist an Affiliate site outside the normal scope of employment. 6. Miscellaneous (a) This Agreement has been made in and shall be construed and enforced in accordance with Texas law without recourse to choice of law considerations. Any action to enforce this Agreement shall be brought in the federal or state courts located in Houston, TX. (b) Any exceptions or modifications to this Agreement must be made by an authorized representative of FamilyTreeDNA.com.

5 (c) All rights not expressly granted by FamilyTreeDNA.com are reserved. (d) Contact Information: Gene by Gene, Ltd. Attn: Affiliate Program Manager 1445 North Loop West, Suite 820 Houston, TX