The purpose of the SureMembers Affiliate Program (referred to as “the Program”) is to provide incentives for promoting our products, expanding our audience, and rewarding affiliates for their efforts. Participation in “the Program” does not create an employment relationship or establish a partnership between us. If an affiliate’s participation in “the Program” is approved, they will be considered an independent contractor.
These Affiliate Terms & Conditions (“Affiliate Terms” or “Terms”) constitute a legally binding agreement between the affiliate and SureMembers. By clicking the “Submit” button when submitting the affiliate application, completing the registration process to become a SureMembers affiliate partner, and/or participating in “the Program”, the affiliate confirms their acceptance of these Terms on behalf of themselves or, if they are representing a company or other entity, on behalf of that company or entity. If the affiliate does not agree to these Terms, they should not click “Submit” or participate in the affiliate program.
This Affiliate Agreement shall take precedence over any other terms and conditions.
1. Participation in the Affiliate Program:
Upon submission of an application to join “the Program” through the affiliate signup form, the affiliate’s application will be reviewed and they will be informed of the acceptance or rejection of their application. Please note that the review process may take a few days, and patience is appreciated during this time.
If there are any questions regarding the affiliate’s application, they may be contacted at the email address provided with additional questions. This may be necessary in order to clarify certain aspects of the application or to obtain more information about the affiliate’s plans for promoting SureMembers.
The affiliate application may be rejected if it is determined that they are not suitable for “the Program” for any reason. If the affiliate’s application is approved, they will be provided with a unique referral link that they can use to promote SureMembers. The affiliate will be able to access their private Affiliate Area to view information on visits and referrals, generate their affiliate link, and more.
An agreement between the Affiliate and SureMembers will not be formed until the application is accepted or if it is rejected.
A person or legal entity may not maintain more than one account.
Any individual participating in this affiliate program on their own behalf must warrant that they are 18 years of age or older. Additionally, any individual who completes the Application Form must warrant that they possess the necessary authority to legally represent the entity they are seeking to bind.
2. Promotional Materials
SureMembers shall make available to Affiliate certain banner advertisements, button links, text links, and/or other graphic or textual material for display and use on the Affiliate website (the “Promotional Materials”). Affiliate shall display the Promotional Materials on Affiliate’s website prominently and as Affiliate sees fit, provided that the manner of display shall be subject to the terms and conditions of this Agreement. Affiliate shall also include a link from the Promotional Materials to suremembers.com, herein referred to as SureMembers’ website.
3. Use of Promotional Materials
The Affiliate’s use and display of the Promotional Materials on the Affiliate’s site shall conform to the following terms, conditions and specifications:
a. Affiliates are strictly prohibited from utilizing any graphical, textual, or other materials for the promotion of SureMembers, unless explicit written authorization is granted by SureMembers prior to the display of such materials, notwithstanding the designated Promotional Materials.
b. Affiliates may only use the Promotional Materials for the purpose of promoting SureMembers and for linking to suremembers.com.
c. Affiliates will not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by SureMembers. If Affiliate wishes to alter or otherwise modify the Promotional Materials, Affiliate must obtain prior written consent from SureMembers for such alteration of modification.
d. The Promotional Materials will be used to link only to suremembers.com, to the specific page and address as specified by SureMembers.
SureMembers grants Affiliate a non-exclusive, non-transferable license (the “License”) to use the Promotional Materials for the purpose of promoting SureMembers. This license is limited to personal use only and does not allow Affiliate to use our Intellectual Property Rights with another brand name or as part of a bundled project. Additionally, Affiliate is not permitted to allow others to use the content that we have licensed to them.
The term of the License shall expire upon the expiration or termination of this Agreement.
5. Intellectual Property
SureMembers retains all right, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials granted under the License, as set forth in Section 3.
Promotional materials displaying prices must accurately reflect current pricing and discounts at all times.
Affiliate is prohibited from copying any other content appearing on SureMembers website or elsewhere in a verbatim manner. Any use of such content must be in the form of paraphrasing.
Affiliates are prohibited from copying the appearance or design of SureMembers website or web page.
6. Relationship of Parties
This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between SureMembers and Affiliate. Affiliate shall provide services for SureMembers as an independent contractor. Affiliate shall have no authority to bind SureMembers into any agreement, nor shall Affiliate be considered to be an agent of SureMembers in any respect.
Affiliates shall not have sub-affiliates or otherwise permit any third party to participate in the affiliate program, nor shall affiliates share their affiliate fees with any third party.
Any individual or entity that is not a party to this Agreement shall not possess any statutory rights, either directly or indirectly, with regard to this Agreement or its enforcement.
Affiliate commissions terms, conditions and specifications:
a. In exchange for Affiliate’s display of the Promotional Materials, and for Affiliate’s compliance with and performance of the terms and conditions of this Agreement, SureMembers shall pay to Affiliate a commission (the “Commission”) in the amount of fixed price or a percentage of product sold to a user through a link on Affiliate’s website. The commission for SureMembers is mentioned on the website. This percentage is subject to change by SureMembers at any time. Notification to the Affiliate of any change in commission percentage will be given by SureMembers at the email address on hand for the Affiliate. Commission will be based on purchases made by the Affiliate referred customer for any new purchases. Commission payments do not apply to purchases made directly by Affiliate. Transactions that result in refunds or chargebacks will not be paid out.
b. SureMembers shall pay commission to the affiliate for any new license purchases made through the affiliate’s referral link. Payment shall be made through the affiliate’s PayPal account, using the email address on file with SureMembers. Payouts for commissions earned through referral sales shall be made on a monthly basis, with payments being processed in the third week of each month for all referral sales that are at least 45 days old. For example, if a payout is being processed on Jul 15, 2023, it will include all referral sales made on or before May 31, 2023. The minimum required commission for the processing of a payout is $200 USD.
d. Affiliates are not allowed to buy stuff through their own affiliate link.
e. Affiliates are not allowed to present any kind of cashback scheme, bonus initiative, coupon discount or claim that customers can get any sort of discount by purchasing through their affiliate link.
f. In the event that Affiliate materially breaches this Agreement and SureMembers terminates this Agreement of such breach, then any accrued and payable Commissions owing to Affiliate shall be forfeited, and SureMembers shall not be obligated to pay such Commissions to Affiliate.
8. Affiliate’s Representations and Warranties
Affiliate represents and warrants the following:
a. Affiliates have the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth in this Agreement.
b. Affiliate’s website does not contain any materials that are:
- Sexually explicit, obscene, or pornographic;
- Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
- Graphically violent, including any violent video game images
- Solicitous of any unlawful behavior; or
- Solicitous of any misleading behavior (i.e. invalid, expired coupons, promotions, or discounts)
- Solicitous offers, cash incentives on purchase through the affiliate link.
c. Affiliate has obtained any necessary clearances, licenses, or other permission for any intellectual property used on Affiliate’s website. Nothing on Affiliate’s website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor does the Affiliates have any reason to believe that any person or entity will bring or threaten such a claim in the future.
d. Affiliates will not use the Promotional Materials in any manner other than those set forth in Section 2 above.
e. Affiliate will not make any claim to ownership of the Promotional Materials or of the copyright, trademark, or other intellectual property therein.
f. Affiliate will not publish or otherwise distribute any advertising materials for Affiliate’s website that reference SureMembers or suremembers.com unless SureMembers gives prior written consent to the distribution of such materials. Affiliate will not use SureMembers’ name (or any name that is confusingly similar to SureMembers’ name) for any purpose on its website, in its promotional materials, or in any other context except to promote suremembers.com as specified in this Agreement. Affiliates will not register any domain name that incorporates SureMembers’ name or that is confusingly similar to SureMembers’ name.
g. Affiliate will not engage in the distribution of any unsolicited bulk emails (spam) in any way mentioning or referencing SureMembers or suremembers.com.
h. If the affiliate is using cloaked links that redirect users to our website, the redirection method MUST BE 301 redirects.
i. Affiliates can not engage in any form of paid advertising, including but not limited to pay-per-click (PPC) bidding or purchasing ads through any service, such as Google AdWords, social media advertising, or retargeting ads using our brand keywords.
Such activities are deemed as a violation of our affiliate terms and will result in immediate termination of the affiliate agreement. Any commissions or payments earned through these prohibited activities will be forfeited.
Upon receiving a request, the Affiliate is obligated to promptly and without delay remove all Advertiser Materials as per the request.
j. The Affiliate is expressly prohibited from engaging in the following methods: click spoofing, click fraud, cookie stuffing, hidden landing pages, URL hijacking or sneaky redirects, malware dissemination, use of stolen data, malvertising, typosquatting, software development kit (SDK) spoofing, and malicious adware. Additionally, the Affiliate is obligated to provide credible evidence that their traffic source is legitimate and compliant with acceptable practices. Violation of these provisions may lead to immediate termination of this Agreement.
k. Affiliates are required to adhere to and guarantee compliance with all relevant foreign and domestic laws, including export laws and laws pertaining to the sending of unsolicited emails. Furthermore, they must abide by governmental regulations, ordinances, and judicial administrative orders. It is strictly prohibited for the affiliate to partake in any deceptive, misleading, illegal, or unethical marketing activities that could potentially harm the affiliate program provider, its customers, or the general public.
l. Affiliates are expected to adhere to the export laws and regulations of the United States, as well as any applicable local export laws and regulations. It is mandatory for affiliates to confirm and guarantee that they are not residents of or associated with countries under economic sanctions or prohibited by the Office of Foreign Assets Control (OFAC) of the USA. Affiliates must comply with the sanctions programs administered by the OFAC of the US Department of the Treasury. Importantly, affiliates are strictly prohibited from directly or indirectly exporting, re-exporting, or transferring SureMembers to prohibited countries or individuals. Furthermore, they must not allow the use of SureMembers by prohibited countries or individuals.
m. Affiliates shall devote a reasonable amount of time to promoting SureMembers and shall do so with good quality. If we determine that an affiliate’s promotional material is problematic, offensive, illegal, or otherwise objectionable, we reserve the right to terminate their participation in “the Program”.
n. Affiliates are strictly prohibited from engaging in deceptive practices or enticing users to click on banners or employ browser “add ons,” toolbars, downloadable applications, or any automated methods to generate traffic.
o. The Affiliate shall remain primarily responsible and liable for all activities occurring under the Affiliate Account.
p. The affiliates can not transfer or assign their rights or obligations under this Agreement, either in whole or in part, without obtaining the prior written consent of all parties involved.
9. Coupon and Deal Sites
SureMembers occasionally offers a coupon to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:
- Affiliates should NOT list coupon codes or discounts that are NOT exclusively provided to them.
- Affiliates should NOT promote any other coupon codes found elsewhere online.
- Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
- Affiliates should not mention misleading phrases implying coupons are available.
- Affiliates should not promote an outdated/expired coupon. It is the responsibility of an affiliate to keep information updated.
- 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 saving 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.
- The 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 the 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.
- Affiliates shall not use spammy promotion methods and advertise SureMembers on low-value websites such as sites with auto-generated content, auto-generated videos, or any content that they did not create themselves.
- If an affiliate is unsure about their website and if it falls under this category, it is the responsibility of the affiliate to fully disclose their true intention of how they will promote SureMembers when their affiliate application is submitted.
- Affiliates should not create content specifically to target the phrases such as “SureMembers coupon”, “SureMembers coupon code”, “SureMembers Discount”, “Activate SureMembers coupon”, “Activate SureMembers Offer”, “Activate SureMembers Discount”, “SureMembers lifetime deal” and similar variations. The use of such phrases and words in your website domain, URL, page title, and headings of SureMembers is strictly prohibited.
Affiliate shall indemnify SureMembers and hold harmless SureMembers from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of Affiliate’s warranties set forth in Section 8 above. Affiliate shall also indemnify and hold harmless SureMembers for any damage, loss or other cost arising out of the use or misuse by Affiliate of the Promotional Materials.
You have the right to know what personal data we collect about you and to ensure that such data is accurate and relevant for the purposes for which we collected it. You can receive a copy of your personal data, and to rectify such personal data if it is not accurate, complete, or updated. However, we may first ask you to provide us with certain credentials to permit us to identify you before rectifying, deleting, or reviewing.
The affiliate is required to maintain the confidentiality of their commissions. They are prohibited from disclosing the specific amount of their commission to any third-party. The relationship between the affiliate and SureMembers is confidential, and the affiliate is required to maintain the confidentiality of their commission and payment.
SureMembers reserves the right to terminate any Affiliate account at any time, for any violations of this agreement or for no reason.
If an affiliate’s account remains inactive for an extended period of time, SureMembers reserves the right to terminate the account. In order to continue earning referrals, affiliates are encouraged to actively promote our products. If assistance is needed with ideas on how to promote SureMembers, affiliates may contact SureMembers and we will be happy to provide assistance.
An affiliate account will be considered dormant if it has not generated any commissions within a 6-month period. In such cases, we reserve the right to temporarily deactivate the account and reset the balance. Any pending balance will not be paid in the event of account deactivation. We may exercise this right without providing prior notice to the affiliate.
If an affiliate’s promotional methods are found to be in violation of the terms listed in this agreement, their referrals may be rejected and SureMembers reserve the right to disable the affiliate’s account. This may be done without prior notice to the affiliate. SureMembers encourage all affiliates to use only allowed promotional methods to ensure the success of their affiliate account.
In the event of the termination of the affiliate account, it is hereby stipulated that this Affiliate agreement shall be automatically and immediately terminated.
SureMembers shall not be responsible for any taxes owed by Affiliate arising out of Affiliate’s relationship with SureMembers as set forth in this Agreement. SureMembers shall not withhold any taxes from the Commissions paid to Affiliate.
14. Limitation of Liability
SureMembers shall not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether SureMembers was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement.
This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.
If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
Neither party shall be held liable for any breach of this Agreement that arises due to circumstances beyond their reasonable control, commonly referred to as a “Force Majeure Event.”
The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
18. Data Protection and Privacy
The Affiliate is required to comply with all applicable Advertising Standards and Data Regulations, which encompass relevant laws related to data protection, privacy, and similar legislations concerning data processing in relation to this Agreement. Such regulations may include, but are not limited to, the General Data Protection Regulation (GDPR) or ePrivacy regulations for EU citizens, guidance provided by the Federal Trade Commission (FTC), and self-regulatory principles outlined by the Digital Advertising Alliance. Additionally, for US citizens, compliance with the California Consumer Privacy Act of 2018 Cal. Civil Code § 1798.100 et seq. (CCPA), as well as other relevant state and federal legislations concerning data privacy and security, is mandatory.
19. Malicious Use
Affiliates are prohibited from distributing SureMembers to any third-party while participating in “the Program”. They are also prohibited from creating derivative works of aSureMembers. This restriction is in place to ensure that all distribution of SureMembers occurs through official channels and that the software is not modified or tampered with in any way. If they have created any works that include both SureMembers intellectual property and their own (e.g. a promotional video featuring a SureMembers logo), they must either destroy or delete these works.
20. Affiliate News and Updates
Affiliate consent to receiving newsletters, marketing materials, and promotional offers from us. These communications will be sent to affiliates only and may contain important information about “the Program”, as well as updates and news to assist with promoting SureMembers. These emails may also include embargoed or time-sensitive information that can only be promoted after the embargo has been lifted. We assure them that we will not engage in spamming practices. We request that they add our email to their list of approved senders in order to ensure that our communications are delivered to them.
21. Affiliate Disclosure
Affiliates are required to disclose the nature of their affiliate links and their material connection when using the affiliate link in an article. These disclosures must be clear and conspicuous, and must appear on the same page as the affiliate links. They must not require any additional user interaction to be read (such as clicking a link, scrolling, or hovering over an element).
According to the Federal Trade Commission (FTC), disclosures must be placed in a location where they will be easily noticed and understood by the average person visiting the site. Placing disclosures in obscure locations, such as on an “ABOUT US” or “GENERAL INFO” page, behind a poorly labeled hyperlink, or in a terms of service agreement, is not sufficient. Disclosures should appear in full either before or in close proximity to the affiliate link itself.
Example Article Disclosure: “Some of the links in this post are ‘affiliate links.’ This means that if you click on the link and purchase the item, the affiliate will receive a commission.”
22. Governing Law
These terms of service shall be governed exclusively by the laws of the United States. Any dispute arising from this agreement shall be exclusively submitted to the jurisdiction of the courts in Wilmington, DE.
23. Terms History
Last Modified: May 25, 2023