Following are the terms and conditions that apply to Affiliate’s (also known as “Partner”) participation in the Simpli Press Coffee Affiliate Program and the creation of links from Affiliate’s website to Simpli Press Coffee website at “simplipress.coffee”(the “Website”).
1.The Affiliate Program:
1.1 As an Affiliate Program Provider, Simpli Press will provide its Partner a variety of graphics, product, textual and other links via the Website subject to the terms and conditions of this Agreement. These unique affiliate links will serve to identify the Partner site as a part of Simpli Press Coffee Affiliate Program and will establish a link from the Partner site to the Simpli Press Coffee website. The Partner agrees to display only those links on his website that are provided by Simpli Press Coffee through it’s Affiliate Network.
1.2 To begin the enrolment process as a Partner in the Affiliate Program, you will complete and submit the Enrolment application at Simpli Press Coffee Website. Simpli Press Coffee will evaluate the Partner’s application and will notify Partner acceptance or rejection based on the sole discretion of Simpli Press Coffee.
2. Term:
(a) By joining or participating in the Simpli Press Coffee’s Affiliate Program, Partner acknowledges having read these terms and agrees to abide by them, which may be amended from time to time in Simpli Press Coffee’s sole discretion. Simpli Press Coffee will notify Partner of any changes in the terms and conditions by posting a notice on the Website or, in Simpli Press Coffee’s sole discretion, via E-mail and Partner’s continued participation in the Affiliate Program after such notice shall constitute binding and legally enforceable agreement to such amendments in the rules.
(b) Partner is only eligible to earn commissions on sales which are completed during the term of this Agreement.
Terms & Conditions
1. Offers and Engagements.
1.1. Simpli Press Coffee reserves the right to post on the Affiliate Network offers to pay to different members a specific commission as a byproduct of certain advertising services prompting a Qualifying Link (defined below). If such offers receive an identification number, they shall be considered as an "Offer".
1.2. Whenever preceding Partner giving a Qualifying Link, SimpliPress may with or without notice (a) change, suspend or cease any part of an Offer or an Engagement or (b) evacuate, adjust, or alter any graphic or banner ad submitted by Simpli Press for an Offer or an Engagement. Partner consents to quickly implement any solicitation from Simpli Press to expel, change or adjust any graphic or banner promotion submitted by Simpli Press that is being utilized by the Partner as a component of an Engagement.
2. Partner's Responsibilities.
2.1. Tracking URLs placement:
Partners will be required to link with internal links of Simpli Press sites using special URLs to track referrals (the "Required URLs"). Partners are allowed to post as many links to the Required URLs and the rest of SimpliPress site as they like on Partner's site. The position, conspicuousness and nature of connections on the Partner's site will follow any necessities determined in the Engagement, however in any case will be at the discretion of the Partner.
2.2. Representation: Partner must consent to avoid making any portrayals, guarantees or different explanations concerning SimpliPress, SimpliPress site any of SimpliPress items or administrations, or Simpli Press site strategies, with the exception of as explicitly approved by the Engagement, as decided in Simpli Press sole discretion.
2.3. Tracking functionality notification: Partner is answerable for telling Simpli Press and the Affiliate Network of any breaking down of the Required URLs or different issues with Partner's support in the Engagement. SimpliPress will react instantly to all worries upon notice by the Partner.
2.4. CAN-SPAM compliance: Simpli Press Coffee is committed to the mission of eliminating spam email on the Internet. Simpli Press Coffee rigorously maintains opt-in email addresses and always permits any email recipient to conveniently opt-out of emails. Simpli Press Coffee also stresses that its partners and affiliates should be similarly diligent. To that end, Partner agrees not to send any email or other form of electronic message or advertisement containing Simpli Press Coffee's name, product, website address, metatag or any such type of identifier to any recipient unless the recipient has directly consented to receive such communication from Partner or Partner has a pre-existing business relationship with the recipient and assure all its communications are CAN-SPAM compliant.
2.5. Technology: Partner agrees to abide by all applicable federal, state and local laws, including, without limitation, laws which prohibit a person or company from (a) installing spyware on another's computer, (b) causing spyware to be installed on another's computer, or (c) using a context based triggering mechanism to display an advertisement that partially or wholly covers or obscures paid advertising or other content on an internet website in a way that interferes with the user's ability to view the website. Affiliates caught using outside technologies to compromise simplipress.coffee infrastructure and resources would be terminated from the program.
2.6. SEM & SEO Policies: Affiliates engaging in Search Engine Marketing or Search Engine Optimization (SEO), including their WebSite page titles or meta-tags and/or pay per click advertising (PPC) to promote Simpli Press Coffee are not authorized to utilize or bid on keywords incorporating the “Simpli Press” trade name (A.K.A. branded Terms) or any variation thereof. This includes possible misspellings, abbreviations, terms identical to restricted trade name but using the wrong case, and merging of the restricted trade name with other terms, words or phrases.
Some examples of branded terms that are off limits to affiliates include but are not limited to: “Simpli Press Coffee”, “SimpliPress”, “simplipress.coffee”, “Simplipress website”, “Simpli Press Coffee Maker”, “Simpli Press Coffee USA”, “simpli press site”, “simplipress site”, “Simpli Press Coffee site”, “simpli press website”, “Simpli Press Coffee website”. Simpli Press Coffee may, at its sole discretion, alter this list from time to time to include any other word or phrase.
2.7. Affiliates domain names can not contain any variation of the words Simpli Press Coffee at any time, nor can the site resemble simplipress.coffee. Partner will not frame its site in any such manner where it becomes confusingly similar to Simpli Press Coffee’s site. Partner will not redirect traffic to Simpli Press Coffee’s site where its URL remains in the address when a customer attempts to bookmark, what appears to be, Simpli Press Coffee’s site, as determined by Simpli Press Coffee in its sole discretion. For Simpli Press Coffee’s products listed for sale on Partner’s site, Partner will direct customers only to Simpli Press Coffee’s site for the purchase or will purchase the products only from Simpli Press Coffee’s site. Partner will use the product images and descriptions only as provided by Simpli Press Coffee and only in the manner consistent with these terms for the promotion and sale of Simpli Press Coffee products.
2.8 Promotion Codes – Affiliates are strictly authorized to advertise only promotion codes that are posted on the Simpli Press Coffee Website simplipress.coffee or within the Simpli Press Coffee advertiser area of the Affiliate Network in compliance with their effective date, unless otherwise pre-approved in writing by the Simpli Press Coffee.
Failure to comply with this section may result in immediate permanent termination from the Merchant's affiliate program.
In accordance with section 4.2, Partner agrees not to use Simpli Press Coffee’s content on any Website other than its registered Affiliate Network Website without the express written permission of Simpli Press Coffee.
3. Commissions.
3.1. Simpli Press agrees to pay the Partner a commission specified in the program offer or terms if Simpli Press Coffee sells to a visitor to Simpli Press Coffee's site (a "Customer") and if that Customer has accessed Simpli Press Coffee's site and purchased the product or service via a Qualifying Link.
3.2. A "Qualifying Link" is a link from Partner's site to Simpli Press’ site using one of the Required URLs or any other URL provided by Simpli Press Coffee for use in the Affiliate Network when it is the last link to the Simpli Press Coffee's site that the Customer uses during a session where a sale of a product or a service to Customer occurs. A "Session" is the period of time initiating from a Customer's initial contact with Simpli Press Coffee's site via a link from the Partner's site and concluding when the Customer either returns to the Simpli Press Coffee's site via a link from a site other than Partner's site or the Engagement expires or is terminated, whichever is sooner.
3.3. Simpli Press shall have the sole right and responsibility of processing all orders made by customers. Partner acknowledges that all agreements related to sales to the customers shall be between Simpli Press Coffee and the Customer.
3.4. Determining a Qualifying Link and whether a commission is payable would be made by the Affiliate Network, subject to the Engagement, as determined by Simpli Press Coffee, in its sole discretion, and would be final and binding for both Simpli Press Coffee and Partner. Prices for the products would be solely adjudged by Simpli Press Coffee in its discretion.
4. Ownership and Licenses.
4.1. Each party owns and shall retain all rights, titles and interests in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, service marks, trademarks, copyrights, trade dress and proprietary technology being used or which may be used and/or developed by it in the future.
4.2. Subject to Partner abiding by the provisions of these terms, including, without limitation, Sections 2, 6.1 and 7.1, Merchant grants Partner a revocable, non-exclusive, worldwide license to use, reproduce and transmit the name, logos, service marks, trademarks, trade dress and proprietary technology, and other content (collectively, “IP”) as designated in the Engagement or during the registration process in the Affiliate Network, on Partner's site solely for the purpose of creating links from Partner's site to Simpli Press Coffee's site during Engagements and as contemplated by these terms. Except as expressly set forth in this Agreement or permitted by applicable law, Partner may not copy, distribute, modify, reverse engineer, or create derivative works from the same IP. Partner may not sublicense, assign or transfer any such licenses for the use of rights in and to the same IP, and any attempt at such sublicense, assignment or transfer is void. Partner will not use nor negligently nor intentionally allow any third party to use the Content for any purpose other than to drive sales to the Simpli Press Coffee’s site.
4.3. Partner grants Simpli Press Coffee a non-exclusive, worldwide, royalty-free license to use, reproduce and transmit any graphic or banner ad submitted by Partner solely for co-branding purposes or as a return link from Simpli Press Coffee's site to Partner's site. Simpli Press Coffee will remove such graphic or banner ad upon Partner's request.
5. Termination.
5.1. Either party may terminate any Engagement at any time by deleting their acceptance of the Engagement through Affiliate Network. Termination of an Engagement shall not terminate this Agreement or any other Engagement.
5.2. Either party may terminate this Agreement at any time, for any reason, provided that they provide at least five day's prior written notice of such termination to the other party and Affiliate Network. Termination of this Agreement shall also terminate any outstanding Engagements. However, all rights to payment, causes of action and any provisions which by their terms are intended to survive termination, shall survive termination of this Agreement until its fulfillment.
6. Representations.
6.1. Each party represents to the other that (a) it has the authority to enter into this Agreement and sufficient rights to grant any licenses granted hereby, and (b) any material which is provided to the other party and displayed on the other party's site will not (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation, including, without limitation, any anti-spam or other email or electronic commerce related law; (iii) be defamatory or libelous; (iv) be lewd, pornographic or obscene; (v) violate any laws regarding unfair competition, anti-discrimination or false advertising; (vi) promote violence or contain hate speech; or (vii) contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines (c) it shall not send any email or other form of electronic message or advertisement containing the other's name, product, Website address, metatag or any other type of identifier to any recipient unless the recipient has directly consented to receive such communication from the sender or sender has a pre-existing business relationship with the recipient; and (d) it shall provide any recipient of such communication with the ability to “opt out” of further communications from the sender either by calling a toll free number or by sending an “unsubscribe” email to the sender.
6.2. EXCEPT FOR THE ABOVE REPRESENTATIONS NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES TO THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF Simpli Press Coffee ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. Cross-Indemnification.
7.1. Each party hereby agrees to indemnify, defend and hold the other party and its affiliates, directors, officers, employees and agents, harmless from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) brought by a third party, arising out of a breach, or alleged breach, of any of its representations or obligations herein including, without limitation, those contained in Sections 2., 4.2 and 6.1 of this Agreement.
8. Limitation of Liability.
8.1. In no event shall either party be liable to the other party for any direct, indirect, special, exemplary, consequential or incidental damages, even if informed of the possibility of such damages. Notwithstanding the foregoing, Partner shall be liable to Merchant for any and all damages, losses or expenses (including attorneys' fees and other costs of defense) incurred in connection with all suits, claims, demands, or liabilities whatsoever, in law and equity, arising out of or resulting in any way from any actual or alleged violation by Partner of Sections 2.2, 2.3, 4.2, and 6.1, or pursuant to 7.1 of this Agreement.
8.2. The parties agree that the Affiliate Network and its affiliates, officers, directors, employees and agents shall not be liable to either party for any direct, indirect, special, exemplary, consequential or incidental damages, even if informed of the possibility of such damages.
9. General.
9.1. Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect.
9.2. The parties agree that the Affiliate Networks are intended third party beneficiaries under this Agreement.
9.3. This Agreement has been made in and shall be construed and enforced in accordance with the laws of the state of Simpli Press Coffee's headquarters. Any action to enforce this Agreement shall be brought in the federal or state courts located in that state. If you need to send official correspondence, send it via registered mail to Simpli Press Coffee's headquarters to the attention of Simpli Press Coffee's legal department.
