You will get 10% commission on total referral sales when a customer makes a purchase through your affiliate link.
Minimum order value
Terms and Conditions
PLEASE READ THE ENTIRE AGREEMENT.
SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ
AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU
AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM MADE UNDER THIS
Overview This agreement contains the terms
and conditions that are necessary for becoming an affiliate in
eFavormart’s Affiliate Program. This Affiliate program uses an HTML link
that we will provide to you at the time of approval for you to share on
your website. Please be aware that throughout this Agreement, "we,"
"us," and "our" refer to eFavormart.com, and "you," "your," and "yours"
refer to the affiliate.
through our online form is necessary to create an Affiliate account.
Please note that all submissions are evaluated before activation and
there may be a 3-7 day turnaround time for review. Rejection of
applications are at our sole discretion and we may cancel your
submission if we determine that your site is unsuitable for our
program. This includes sites that:
Promotes sexually explicit materials
Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
Promotes illegal activities
any materials which infringe or assist others to infringe on any
copyright, trademark or other intellectual property rights or to violate
Includes "eFavormart" or variations or misspellings thereof in its domain name
otherwise in any way unlawful, harmful, threatening, defamatory,
obscene, harassing, or racially, ethnically or otherwise objectionable
to us in our sole discretion.
Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
may not create or design your website or any other website that you
operate, explicitly or implied in a manner which resembles our website
nor design your website in a manner which leads customers to believe you
are Merchant.com or any other affiliated business.
you or we may end this Agreement AT ANY TIME, with or without cause, by
giving the other party written notice. Written notice can be in the
form of mail, email or fax. In addition, this Agreement will terminate
immediately upon any breach of this Agreement by you. Affiliates that
have not brought in any earnings for a continuous period of 12 months
will be assumed to be inactive, and their affiliate accounts may be
closed without notice. Affiliates accounts that have been closed due to
inactivity can choose to re-apply as a new affiliate through the same
Modification We may modify any of
the terms and conditions in this Agreement at any time at our sole
discretion. In such event, you will be notified by email. Modifications
may include, but are not limited to, changes in the payment procedures
and eFavormart.com's Affiliate Program rules. If any modification is
unacceptable to you, your only option is to end this Agreement. Your
continued participation in eFavormart.com's Affiliate Program following
the posting of the change notice or new Agreement on our site will
indicate your agreement to the changes.
Payment Payments will be taken care of by Paypal payments or if you so choose, by gift card payments to our website, eFavormart.com.
Promotion Restrictions You
are free to promote your own web sites, but naturally any promotion
that mentions Merchant.com 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 eFavormart.com. For example, advertising
commonly referred to as "spamming" is unacceptable to us and could cause
damage to our name. Other generally prohibited forms of advertising
include the use of unsolicited commercial email (UCE), postings to
non-commercial newsgroups and cross-posting to multiple newsgroups at
once. 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
eFavormart.com 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. Also, you may post to
newsgroups to promote Merchant.com so long as the news group
specifically welcomes commercial messages. At all times, you must
clearly represent yourself and your web sites as independent from
Merchant.com. If it comes to our attention that you are spamming, we
will consider that cause for immediate termination of this Agreement and
your participation in the Merchant.com Affiliate Program. Any pending
balances owed to you will not be paid if your account is terminated due
to such unacceptable advertising or solicitation.
that among other keywords or exclusively bid in their Pay-Per-Click
campaigns on keywords such as merchant.com, merchant, eFavormart, www.eFavormart.com,
and/or any misspellings or similar alterations of these – be it
separately or in combination with other keywords – and do not direct the
traffic from such campaigns to their own website prior to re-directing
it to ours, will be considered trademark violators, and will be banned
from EFavormart’s Affiliate Program. We will do everything possible to
contact the affiliate prior to the ban. However, we reserve the right to
expel any trademark violator from our affiliate program without prior
notice, and on the first occurrence of such PPC bidding behavior.
shall not transmit any so-called “interstitials,” “Parasiteware™,”
“Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar
Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups
and/or pop-unders” to consumers from the time the consumer clicks on a
qualifying link until such time as the consumer has fully exited
EFavormart’s site (i.e., no page from our site or any EFavormart.com’s
content or branding is visible on the end-user’s screen). As used herein
a. “Parasiteware™” and “Parasitic Marketing” shall mean an application
that (a) through accidental or direct intent causes the overwriting of
affiliate and non affiliate commission tracking cookies through any
other means than a customer initiated click on a qualifying link on a
web page or email; (b) intercepts searches to redirect traffic through
an installed software, thereby causing, pop ups, commission tracking
cookies to be put in place or other commission tracking cookies to be
overwritten where a user would under normal circumstances have arrived
at the same destination through the results given by the search (search
engines being, but not limited to, Google, MSN, Yahoo, Overture,
AltaVista, Hotbot and similar search or directory engines); (c) set
commission tracking cookies through loading of EFavormart site in
IFrames, hidden links and automatic pop ups that open EFavormart.com’s
site; (d) targets text on web sites, other than those web sites 100%
owned by the application owner, for the purpose of contextual marketing;
(e) removes, replaces or blocks the visibility of Affiliate banners
with any other banners, other than those that are on web sites 100%
owned by the owner of the application.
MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING
MERCHANT.COM SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED
THEREIN, ANY IMPLIED WARRANTIES OF MERCHANT.COM ABILITY, 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.
Limitations of Liability WE
WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR
OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST
BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN
THIS AGREEMENT, IN NO EVENT SHALL MERCHANT.COM'S CUMULATIVE LIABILITY TO
YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN
CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE
THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS
agree that you are an independent contractor, and nothing in this
Agreement will create any partnership, joint venture, agency, franchise,
sales representative, or employment relationship between you and
Merchant.com. You will have no authority to make or accept any offers or
representations on our behalf. You will not make any statement, whether
on Your Site or any other of Your Site or otherwise, that reasonably
would contradict anything in this Section.
Neither party may
assign its rights or obligations under this Agreement to any party,
except to a party who obtains all or substantially all of the business
or assets of a third party.
This Agreement shall be governed by
and interpreted in accordance with the laws of the State of New York
without regard to the conflicts of laws and principles thereof.
You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
Agreement represents the entire agreement between us and you, and shall
supersede all prior agreements and communications of the parties, oral
The headings and titles contained in this Agreement
are included for convenience only, and shall not limit or otherwise
affect the terms of this Agreement.
If any provision of this
Agreement is held to be invalid or unenforceable, that provision shall
be eliminated or limited to the minimum extent necessary such that the
intent of the parties is effectuated, and the remainder of this
agreement shall have full force and effect.
Confidentiality All confidential
information, including, but not limited to, any business, technical,
financial, and customer information, disclosed by one party to the other
during negotiation or the effective term of this Agreement which is
marked "Confidential," will remain the sole property of the disclosing
party, and each party will keep in confidence and not use or disclose
such proprietary information of the other party without express written
permission of the disclosing party.