Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our name. So please bear with us as we take you through this legal formality.
If you have any questions, please don’t hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results please email us at email@example.com
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
By submitting an application, you are agreeing to be bound by the terms and conditions below. These terms and conditions form the “Agreement”.
The Agreement is a legally enforceable contract between MAYA GYPSY ( “we” “our” or “us”) and “you”, the company or person named in the application. If you do not want to be bound by the Agreement, you must not submit an application.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in mayagypsy.com’s Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the mayagypsy.com web site. Please note that throughout this Agreement, “we,” “us,” and “our” refer to Mayagypsy.com, and “you,” “your,” and “yours” refer to the affiliate
1. Affiliate obligations
- To begin the enrolment process, you will complete and submit the online application at mayagypsy.com. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
- Promotes sexually explicit materials
- Promotes violence
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promotes illegal activities
- Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
- Includes “Maya Gypsy” or variations or misspellings thereof in its domain name
- Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
- As a member of Mayagypsy.com’s Affiliate Program, you will have access to the Send Owl Affiliate Program. Here you will be able to review our Program’s details and get the affiliate links. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML links that we provide for each product.
- mayagypsy.com reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
- It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
2. Mayagypsy.com Rights and Obligations
- We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Mayagypsy.com Affiliate Program.
- Mayagypsy.com reserves the right to terminate this Agreement and your participation in the mayagypsy.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the mayagypsy.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, mayagypsy.com shall not be liable to you for any commissions for such fraudulent sales.
- This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
- Either you or we may end this Agreement AT ANY TIME, with or without cause.
- Maya Gypsy prohibits the use of adware software. Such websites, programs and users of adware software may not join our affiliate program.
- Maya Gypsy reserves the right to refuse payment and terminate any such Affiliate account that Maya Gypsy deems to be of such nature. The definition of adware software is entirely at the discretion of Maya Gypsy.
- Maya Gypsy reserves the right to terminate an affiliate and not pay the accrued balance where the affiliate has been deemed to breach this Agreement
- Maya Gypsy, in its sole discretion, may disqualify an Affiliate from participation in the use of any or all portions of the Site if such Affiliate engages in any conduct that Maya Gypsy deems to be illegal, improper, unfair or otherwise adverse to the operation of the Site or detrimental to other users of the Site.
- Such improper conduct includes, but is not limited to:
- falsifying personal information required during account creation;
- 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 mayagypsy.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 mayagypsy.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 mayagypsy.com If it comes to our attention that you are spamming, we will consider that cause for immediate termination
- accumulating earnings or falsifying expenditure through methods such as programming techniques or falsified information;
- Pay-Per-Click campaigns on keywords such as mayagypsy.com, mayagypsy, www.mayagypsy, www.mayagypsy.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
- Affiliate 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 Mayagypsy’s site
- Such improper conduct includes, but is not limited to:
- Maya Gypsy may void and refuse to pay/reimburse monetary sums that an Affiliate has earned or deposited and/or require the return of any monetary sums that an Affiliate may have accumulated if engaged or previously engaged in improper conduct.
- Maya Gypsy may also recover any outstanding fees owed by Affiliates using one or a combination of methods that include deductions to the Affiliates current balance.
- Affiliates may voluntarily close or terminate their account. Doing so you waive your right to be paid any unpaid commissions below the minimum threshold and you assign (way of future assignment) all of your rights and ownership of any commissions which we are holding to your account.
- You will not receive any commissions which are earned after the date of termination.
- 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 mayagypsy.com’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in mayagypsy.com’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
- mayagypsy.com uses a third party to handle all of the tracking. The third party is the sendowl.com affiliate network. Payments will be made by mayagypsy.com based on the third party affiliate reports.
- We will not make any payments which are less than a certain amount, also referred to as a “Minimum Threshold”. If you have total commissions which are less than the Minimum Threshold, they will be held to your account. When the total amount of commissions held to your account reaches the Minimum Threshold, those commissions will become payable. The amount of the Minimum Threshold may change from time to time.
- Payment delay : 2 weeks
- Payment method: pay pal.
Access to Affiliate Account Interface
- You will create a password so that you may enter Sendowl’s secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you.
Grant of Licenses
- We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorise for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of mayagypsy.com’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of mayagypsy.com and the good will associated therewith will inure to the sole benefit of mayagypsy.com.
- Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
- MAYAGYPSY.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING MAYAGYPSY.COM SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF MAYAGYPSY.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.
Representations and Warranties
You represent and warrant that:
- This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
- You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
- You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
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 Maya Gypsy 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 agreement.
- You hereby agree to indemnify and hold harmless mayagypsy.com, and its subsidiaries and affiliates, and their directors, officers, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
- 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.
- You 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 mayagypsy.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.
- You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
- All referrals must be tracked using our technology, verbal referrals will not be accepted.
- This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
- 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.
- Maya Gypsy Affiliates may not refer themselves (‘self referral’) as either Merchants or Affiliates with the aim of receiving the referral commission.