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Memorable Gifts Affiliate Terms & Conditions



Please review our affiliate terms and conditions carefully before you join our program. Failure to follow these terms and conditions will cause us to terminate your affiliate membership. These terms and conditions are not written legal but in plain terms so everyone can understand and follow them. The terms and conditions were designed to help ensure that the affiliate program is sustainable and profitable for both Memorable Gifts and its participating affiliates. It is each affiliate's responsibility to ensure compliance at all times, and each affiliate is solely responsible for the actions of employees, agents or contractors acting on that affiliate's behalf. For any questions regarding policies please email tia@MemorableGifts.com


ENROLLMENT


After receiving your application, we will review your website and notify you of your acceptance or rejection for our program. Please allow up 48 hours for your application to be reviewed. We reserve the right to reject any application, but we encourage you to contact us if you feel that you have been rejected in error. We request that you include all of the websites you use and or manage in your profile in order to help us make a better decision.


WEBSITE RESTRICTIONS


Your participating website(s) may not:


  1. Infringe on our or any other person's or entity's intellectual property, publicity,privacy or other rights.
  2. Violate any law, rule or regulation.
  3. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
  4. Contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  5. Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website.

LINKING TO OUR WEBSITE


Upon acceptance into the Program, you will have access to through the affiliate interface. Your acceptance in our program means you will agree to and abide by the following:


  1. You will only use the linking codes obtained from the affiliate interface and that you will do so without manipulation.
  2. All domains that use your affiliate link are listed in your affiliate profile.
  3. Your website will not in any way copy, resemble or mirror the look and feel of our website. You will not use any means to create the impression that your web site is our website or any part of our website including, without limitation, the framing of our website in any manner.
  4. Cookie stuffing, pop-ups and false or misleading links are strictly prohibited. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from which the click is originating).
  5. Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is expressly prohibited and is a direct violation of the program terms.

If you are found redirecting links to hide or manipulate their original source, your current and past commission will be voided or your commission level will be set to 0%. This does not include using "out" redirects from the same domain where the affiliate link is placed.


PPC GUIDELINES


If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:


  1. You may not bid on any of our trademarked terms, including any variations or misspellings thereof for search or content based campaigns on Google, MSN,Yahoo or any other network.
  2. You may not use our trademark terms in sequence with any other keyword (i.e. Memorable Gifts Coupons).
  3. You may not use our trademarked terms in your ad title, ad copy, display name or as the display URL.
  4. You may not directly link to our website from any Pay Per Click ad or use redirects that yield the same result. Affiliates must be directed to an actual page on your website.

If you automate your PPC campaigns, the responsibility is yours to exclude our trademark terms from your program. We strongly suggest you add our trademarked terms as negative keywords. We have a strict no tolerance policy on PPC trademark bidding. We will not enter a discussion about when the violation started and when it stopped; you will forfeit all commissions for a minimum of the past 30 days and your commission will be set to 0% without warning.


Trademarked Terms: Memorable Gifts, Memorable Gifts.com, www.Memorable Gifts.com, Memorable Gifts, or any other terms that reasonable people would consider to refer to Memorable Gifts.


COUPON GUIDELINES


If you are enrolled in our Program and your website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:


  1. You may ONLY advertise coupon codes that are provided to you through the affiliate program or network.
  2. You may NOT advertise coupon codes obtained from our non-affiliate advertising,customer e-mails, paid search or any other campaign.
  3. On click through, you must link directly to our website. Framing our website is strictly prohibited.
  4. Cookie Stuffing: You must not mislead customers into clicking on an offer or coupon that does not exist or practice similarly deceptive tactics that are generally accepted as "cookie stuffing." These include, but are not limited to:

    • Using knowingly expired offers or presenting offers that do not exist or are not affiliate offers,
    • Making claims that a user must click on a link first to activate or receive an offer,
    • Presenting a button that claims to show all offers that sets the affiliate cookie in the background or Technology that generates a click or sets the cookie from the action of copying a coupon code or though a pop under.

Additionally, if your website ranks on the first page of Google for terms related to our website or company names combined the words coupon, coupons, coupon code, promo code, etc., and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitably of orders. The current rate is 3%.


DOMAIN NAMES


Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited (i.e. Memorable Gifts.website.com or www.Memorable Gifts-coupons.com).


ADVERTISING & PUBLICITY


You shall not create, publish, distribute or print any written material that makes reference to our Program without first submitting such material to us and receiving our prior written consent. If you intend to promote our Program via email campaigns, you must adhere to the following:


  1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.
  2. Email must be sent on your behalf and must not imply that the email is being sent on behalf of MemorableGifts.com.
  3. Emails must first be submitted to us for approval prior to being sent or we must be sent a copy of the email.

REVERSAL & COMMUNICATION POLICY


Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy:


  1. You are not forthcoming, intentionally vague or are found to be lying.
  2. You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile.
  3. You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.

If any of the above applies, we reserve the absolute right to reverse orders, set your commission to 0% or suspend you from the program for the period or orders in question. We know that many violations are a result of automated processes; however it is incumbent upon each affiliate to ensure that he or she has the appropriate checks and balances in place to proactively address these issues and adhere to our program rules.


PROHIBITION AGAINST SOLICITATION FOR CALIFORNIA STATE RESIDENT AFFILIATES


As a condition of participation in the Memorable Gifts Affiliate Program, the Affiliate agrees that its solicitation activities on behalf of Memorable Gifts within the State of California shall be limited to only providing a link on Affiliate's website to the Memorable Gifts website. Affiliate acknowledges that under current California law, further solicitation and promotional activities by Affiliate within California State may render Memorable Gifts liable for collecting California State sales tax on all sales to California customers. Therefore, as a condition of participation in the Memorable Gifts Affiliate Program, Affiliate is prohibited from engaging in any solicitation activities in California State intended to refer potential customers to Memorable Gifts, including, but not limited to: (i) distributing flyers, coupons, newsletters and other printed materials or electronic equivalents of such materials; (ii)engaging in verbal solicitation, including in-person referrals or initiating telephone calls; and (iii) sending emails intended to refer customers to Memorable Gifts. Proof of compliance must be sent to Memorable Gifts on an annual basis



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