Just received this today which changes the agreement you may have had with Studiopress:
This is an automated notification regarding the program agreement for the StudioPress by Copyblogger Media ShareASale Affiliate Program.
New Agreement Effective Date: September 25, 2012
Merchant provided summary of changes:
Our program terms have been updated to reflect significant changes in our PPC policy and additional changes regarding promotions that involve references to discounts or coupon codes. Please see sections 5 and 6 to review the new program terms.
Complete New Agreement:
StudioPress Affiliate Program Agreement
Program Terms and Conditions
As an authorized affiliate (Affiliate) of StudioPress, you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting StudioPress as an Affiliate.
Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to StudioPress by your own website or personal referrals.
By signing up for the StudioPress Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
1. Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
Commissions will be paid once a month. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 37 days.
You cannot refer yourself, and you will not receive a commission on your own accounts. There is also a limit of one commission per referral. If someone clicks the link on your site and orders multiple accounts you will receive a commission on the first order only.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
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. At the current time, StudioPress does permit trademark bidding via PPC, and the use by affiliates of branded domain names. StudioPress reserves the right to require license agreements from those who employ trademarks of StudioPress in order to protect our intellectual property rights.
Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with StudioPress, however, is acceptable.
Self referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, StudioPress reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
4. Affiliate Links
You may use graphic and text links both on your website and within in your email messages. You may also advertise the StudioPress site in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.
5. Coupon and Deal Sites
While our affiliate program does not accept deal or coupon sites into our program, these terms 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 or other savings are available. If there are no coupons posted on our public coupon page (http://studiopress.com/discount-coupon-code), do not imply there are on your landing page.
Affiliates may not bid on StudioPress Coupons, StudioPress Discounts or other phrases implying coupons are available if there is not a coupon posted on our public coupon page.
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.
6. Pay Per Click (PPC) Policy
6a. Allowed Search Engines
Bidding is allowed on Google, Bing, Yahoo, and all other search engines with a few restrictions listed herein.
6b. StudioPress Trademarks
Copyblogger Media retains and reserves the exclusive rights to the advertising of the StudioPress trademarked name and all other StudioPress trademarks. You shall not purchase, register, or bid on search engine keywords, AdWords, search terms or other identifying terms that use any StudioPress trademark or variations or misspellings thereof for use in any search engine, portal, sponsored advertising service, pay-for-placement or other search or referral service.
Affiliates MAY NOT use StudioPress.com in the display URL at any PPC search engine. Alternative spellings of our domain names are not permitted as well. See our direct linking policy below for additional information.
Affiliates are permitted to use StudioPress trademarks in the URL to the right of the domain in the display URL. Example: yoursite.com/studiopress.
Affiliates may not include “Official Site” or make representations that your advertisement is StudioPress in any way.
Affiliates may not include trademarks in any phrases bid on, such as StudioPress + “term”. Example – “StudioPress coupons”, “StudioPress discount codes”, etc. This restriction applies to all trademark + “term” phrases and any restricted keyword + “term” phrases.
StudioPress terms include all of the following and any potential misspellings not shown here:
- Studio Press
- Genesis framework
- Genesis themes
6c. Direct to Merchant / Landing Pages
Direct to Merchant is defined as any PPC advertisement that goes through an affiliate link direct to any page on the StudioPress.com domain instead of to an affiliate landing page.
Direct to merchant linking is only allowed with prior written permission. Without prior permission, all pay per click advertising needs to link to the affiliate’s site, not directly to the Copyblogger Media owned websites.
Domain misspellings are not allowed in the display URL for direct to merchant advertising including but not limited to StudioPress.com, StudioPress.tv, etc.
Geo-Targeting is allowed on all search engines, so long as all policies regarding display URL and trademark policy are followed.
Geo-Targeting to avoid enforcement of the StudioPress PPC Policy is strictly prohibited and grounds for immediate removal and reversal of all commissions up to 30 days prior to the date of the PPC violation.
International affiliates may not use a StudioPress display URL on any search engine including but not limited to StudioPress.com, StudioPress.tv, or any related misspellings.
6e. Ad copy restrictions
Truth in advertising – All affiliates are required to be truthful about any advertisement representing StudioPress including information surrounding coupon and sales offers.
Affiliates may not bid on StudioPress Coupons, StudioPress Discounts or other phrases implying coupons are available. (please see our Coupon and Deal site terms for more information about this)
Do not represent your advertisement or site as an official StudioPress endorsed advertisement or site.
6f. Exclusions, Penalties, and Notifications
StudioPress reserves the right to exclude any or all of our PPC policy for individual affiliates at our sole discretion.
Excluded affiliates will be required to agree via signed contract to any exclusion permitted herein. Do not assume exclusion via verbal or written communication.
If StudioPress determines, in its sole discretion, that you have purchased or attempted to make any purchase in violation of the above restrictions, then StudioPress may (without limiting any other remedies available to it) pursue any or all of the following actions:
— Withhold all payouts or other compensation otherwise payable to you for the month in which you purchased the prohibited trademarked terms;
— Contact the search engine in which your ad was found to ask that these ads be removed immediately and permanently;
— Terminate these Special Terms as provided herein, and remove you from the Program permanently and immediately.
Affiliates found using Geo-Targeting features at search engines to avoid enforcement of the StudioPress PPC Policy will be immediately removed from the StudioPress affiliate program, have all commissions reversed up to 30 days prior to the violation date, and be immediately reported to the Affiliate Network for investigation.
From time to time, StudioPress may review the PPC policy for changes in the way search engines operate or changes in StudioPress’s philosophy. This policy may change from time to time and any updates will result in email notification through the affiliate program and the new terms being posted on the StudioPress website. Affiliates will be given no less than 3 business days to comply with any new PPC terms before a 1st violation will be cited on the affiliates account.
6g. Reporting Violations
Violations of the StudioPress PPC Policy may be reported to [email protected] Please have all applicable proof in your email including but not limited to screen shots of the ad, geographical location of the ad, URL/Network tracking information, and search engine where the ad was found.
StudioPress 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 StudioPress. 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.
8. 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 shall indemnify and hold harmless StudioPress and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by StudioPress 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.
10. Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Texas. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Dallas County, Texas.
In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
11. Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the StudioPress affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Share a Sale and/or StudioPress application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
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