1. Program Overview
The Program permits you to receive compensation in exchange for referring customers that purchase products on yerbamatero.com. If we accept your Program application, we will provide you with a hyperlink (“Link”) for display on websites and online services operated by you that are approved by Matero for use in connection with the Program (“Your Services”). Subject to the terms of this Agreement, we will pay you a marketing fee of 10% of all purchases actually received by Matero, less deductions described in Section 4 below, (“Marketing Fee”) from users that click on your Link and purchase any products within 7 days of clicking on your Link.
To be eligible to participate in the Program, you must accurately complete our Program application. We reserve the right to reject your application for any reason. If you are entering into this Agreement on behalf of an entity: (a) you represent and warrant that you are authorized to bind such entity to this Agreement and that such entity will be responsible for your and any other of its employees or agents activities in connection with the Program; and (b) references to “you” in this Agreement will refer to you and such entity, collectively. You may only participate in the Program if permitted by the laws of your jurisdiction and the terms of any agreements you may have entered into with third parties.
3. Program Portal
- Payout. We will pay Marketing Fees to the payment method designated by you via the Portal no sooner than 45 days from the end of the calendar month in which the Marketing Fees accrued, provided that the Marketing Fees payable exceed a minimum threshold of $50. If your Program account becomes inactive, any unpaid and accrued Marketing Fees may be subject to escheatment under applicable state law.
- Deductions. The Marketing Fees payable to you will be exclusive of taxes, refunds, and chargebacks, and we may offset such amounts against any Marketing Fees owed to you. You are responsible for any taxes payable in connection with the Marketing Fee, other than taxes payable in connection with our gross receipts or income.
- Limitations. Marketing Fees will not be payable to you for any purchase of Matero products: (i) that is later canceled, refunded, charged back, or for which Matero does not receive payment; (ii) that occurred as a result of your breach of this Agreement, or while you were in breach of this Agreement; (iii) if the purchase does not occur within 7 days of when the user clicks on your Link; (iv) if, before making the purchase, the user has more recently clicked on the Link of another Program participant; or (v) that occurs after termination of this Agreement (collectively, an “Ineligible Transaction”). For clarity, Marketing Fees will be payable to the Program participant responsible for the Link that a user last clicks before purchasing any Matero’s products. If we discover that we have paid you any Marketing Fees for an Ineligible Transaction, we may either require you to promptly repay the applicable amount, or we may offset such amount from future amounts payable to you under this Agreement. (vi) on which you already receive a revenue share or similar payment from Matero.
5. Limited License.
Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to display the Link and any Matero Marks on Your Services, and in other marketing communications that you may send, solely for the purpose of referring users to Matero. “Matero Marks” means any of Matero’s trade names, trademarks, service marks, logos or other similar indicia of identity or source provided by Matero to you in connection with this Agreement. All goodwill arising from your use of the Matero Marks will inure to the benefit of us. Other than the limited license set forth in this Agreement, Matero reserves all right, title, and interest not expressly granted to you. You will use the Matero Marks in accordance with any written guidelines Matero provides to you. Upon request by Matero, you will provide samples of any marketing materials you have used, or plan to use, that incorporate the Matero Marks or the Link.
6. Legal Compliance.
You must comply with all laws that apply to Your Services and your participation in the Program, including the FTC’s rules regarding sponsored endorsements (see the FTC website for more details), all privacy laws that apply to the collection, use and disclosure of personal information via Your Services, and all marketing laws that apply to any messages you send in connection with this Agreement. You are solely responsible for Your Services and your participation in the Program.
7. Prohibited Content.
Your Services must not contain any content that: (i) is violent or sexually explicit; (ii) violates any applicable law or infringes or misappropriates any intellectual property right; (iii) is in any way harmful, threatening, defamatory, obscene, harassing or otherwise objectionable; (iv) includes malware, viruses, or other harmful code; or (v) copies or resembles the look and feel of any Matero Services.
8. Prohibited Activities.
You will not:
- mislead users regarding the purpose or nature of Your Services;
- engage in any fraudulent or unlawful activities;
- state or imply that you or Your Services are part of, affiliated with, or endorsed by Matero;
- use any Matero Marks, or any similar variations, other than as permitted under this Agreement. This includes not using the Matero Marks in website meta tags, bids for paid advertising, search engine optimization, or press releases;
- use, or register for, any domain name containing any Matero Mark or any similar variations;
- attempt to artificially or fraudulently increase your Marketing Fees in any way, such as by generating transactions that are intended to be canceled;
- bypass, circumvent, or avoid any restrictions employed via the Matero Services;
- take any action that may burden any Matero Services, including by using automated scraping, crawling or monitoring tools not authorized by Matero; or
- Request or collect any account information from our users, including any Matero usernames or passwords.
- Offer cash back, rewards or other incentives to drive traffic/sales via their affiliate tracking links.
- Use traffic that is generated by pay to click, pay to read, banner exchanges, click exchanges, CPV advertising, pop-up/under, SPAM, purchased traffic or similar methods.
- Use cookie stuffing techniques that set the tracking cookie without the user actually clicking on the referral link (for example a 1×1 pixel iframe).
- Bid on or use Matero trademark, trademark +, or misspelled keywords for the purpose of PPC on Internet search engines (Google, Yahoo, MSN, Ask etc.)
- Use Matero trademark, trademark +, or misspelled keywords in their domain names.
You or we may, for any reason, terminate your participation in this Agreement at any time upon notice. Following termination, we will pay you any unpaid Marketing Fees, if valid, that you earned prior to the date of termination. Immediately upon termination, all licenses granted to you under this Agreement will be terminated, and you must remove any Link or any Matero Marks from Your Services.
We reserve the right to modify the terms of this Agreement upon notice to you. Will provide notice of amendments by posting the revised Agreement to the Affiliate Area and updating the “Last Updated” date at the top of this Agreement, and in some cases, we may provide additional notice (such as via email). Your continued participation in the Program will confirm your acceptance of any amended terms of this Agreement. If you do not agree to any amendments, you must terminate your participation in the Program.