Terms of Service – Affiliate

THIS AGREEMENT GOVERNS YOUR ACQUISITION AND USE OF OUR SERVICES.

BY ACCEPTING THIS AGREEMENT, EITHER BY REGISTERING ON www.formaloo.com OR BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM OR ANY OTHER DOCUMENTATION THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

Definitions

The following definitions and rules of interpretation apply in this Clause.

“Affiliate” – The business, individual, or entity participating in the Affiliate Partnership Program or that displays Formaloo’s products and services on its website, using an affiliate tracking code in exchange for receiving a commission from Formaloo for sales directly resulting from such display.

“Website” – The Affiliate’s website, which displays Formaloo Products and Services.

“Affiliate Site” – The Affiliate’s website that displays Formaloo’s Products and Services and/or promotions.

“Commission Fees” – The amount you will earn for each Qualified Purchase by a Customer that you refer to Formaloo subject to the Commission Threshold and following the terms of this Agreement, which is 25% on each invoice.

“Qualified Action” – A Qualified Purchase and/or Qualified Referral or a Challenge.

“Qualified Purchase” – A sale of Formaloo Products and Services by Formaloo to a referred customer.

Enrollment in the Affiliate Program

To begin the enrollment process, you must register to enroll in a new Affiliate Account on this page. Once you accept the Terms & Conditions, you will become an affiliate partner for Formaloo.

Promotion of Our Affiliate Program

1. Use of Links.
   If you qualify and agree to participate, we will provide you with various types of resources (each referred to as “Link” or collectively, such as “Links”). The links will help identify your website as a member of the Affiliate Program and will establish a link from your website or email to Formaloo’s website. You agree to cooperate fully with us to generate and maintain these links. You also agree that the use of these links must always comply with this Agreement. Formaloo may change links from time to time at its sole discretion. You may not use highlighted or text images (indicating a Link) or text messages to promote Formaloo which are not approved in prior by Formaloo. All Affiliate Sites should highlight the links in the relevant sections of their website. In addition, you agree not to use cookie stuffing techniques that set a tracking cookie without the Referred Customer’s knowledge. Any information regarding Formaloo from the Affiliate Site must be pre-approved by us in writing.
2. Disclaimer.
   EXCEPT AS EXPRESSLY PERMITTED HEREUNDER, YOU SHALL NOT AND ARE NOT PERMITTED TO (i) USE THE FORMALOO TRADEMARK, NAME, LOGO OR ANY OF OUR OTHER INTELLECTUAL PROPERTY, INCLUDING WITHOUT LIMITATION, THE LINKS, AND THE LICENSED MATERIALS (COLLECTIVELY, THE “FORMALOO IP”) (OR ANY MISSPELLINGS OR VARIATIONS THEREOF OR OTHER TERM OR TERMS SIMILAR TO ANY OF THE FOREGOING) WITHOUT FORMALOO’S EXPRESS PRIOR WRITTEN PERMISSION; (ii) USE FORMALOO IP IN A DOMAIN OR WEBSITE NAME, IN ANY BIDS FOR KEYWORDS OR GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), IN ANY SEARCH ENGINE ADVERTISING (PAID OR OTHERWISE), IN ANY METATAGS, GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), SEARCH TERMS, KEYWORDS, CODE, OR ADVERTISING; (iii) ACT IN ANY WAY THAT CAUSES OR COULD CAUSE, CREATES OR COULD CREATE AN “INITIAL INTEREST CONFUSION” OVER THE USE OF FORMALOO IP ON THE INTERNET OR IN ANY SEARCH ENGINE ADVERTISING. YOUR USE OF FORMALOO IP IN ANY MANNER, OTHER THAN AS EXPRESSLY PERMITTED HEREUNDER SHALL CONSTITUTE UNLAWFUL INFRINGEMENT OF FORMALOO’S INTELLECTUAL PROPERTY RIGHTS, AND MAY SUBJECT YOU TO THE CLAIMS FOR DAMAGES (INCLUDING POTENTIAL DAMAGES FOR KNOWING OR WILFUL INFRINGEMENT), AND THE OBLIGATION TO PAY FORMALOO’S LEGAL COSTS AND FEES IN CONNECTION WITH ANY ACTION OR PROCEEDING IN WHICH FORMALOO SEEKS TO IMPLEMENT ITS RIGHTS UNDER THIS AGREEMENT OR IN REGARD TO ANY OF FORMALOO’s INTELLECTUAL PROPERTY RIGHTS.
3. Discounts and Coupons.
   You are not permitted to post any refunds, credits, or discounts on the Formaloo Products and Services or other content concerning Formaloo without Formaloo’s prior written consent in each instance. Affiliates can only use discounts and coupons that are shared exclusively through the Affiliate Program using banners or links. The Links associating users of the Affiliate Website to the relevant section of the Formaloo website will in no way modify the look, feel, or functionality of the Formaloo website. Any violations of the terms surrounding links, coupons, refunds, credits, or discounts shall constitute a material breach of this Agreement and may result in your termination from the Affiliate Program or the withholding of Commission Fees.

FTC Endorsement Compliance

1. It is the mission of Formaloo to treat all our customers well. In line with this, we require all Formaloo contacts to comply with applicable laws, regulations, and guidelines regarding advertising and marketing, including, without limitation, the Federal Trade Commission (FTC) Endorsement Guides, which requires disclosure of communications between advertisers and sponsors. This means that all Associated Sites (e.g., References, Testing / Ratings websites, blogs, and other websites) and any email or affiliate that provides endorsement or evaluation of Form and Survey products and services must clearly disclose the fact that you are receiving Compensation for referred customers.
2. Formaloo reserves the right to withhold the Commission Fees and cancel the relationship you represent if we decide that you do not comply with any of the foregoing guidelines or other FTC regulations or guidelines that we deem appropriate.

General Rules;

You agree to the following :
The company reserves the right to re-evaluate your registration at any time and terminate your participation in this agreement at any time or without notice. Each person you refer to the site using your link which completes a transaction on the site which results in payment to the company, you will receive 25% of the revenue made by the person during their relationship with the company. A service fee (your “affiliate fee”).

1. You will not receive any refund or the associated costs for the returned transactions.
2. The associated fee will go to the final link that the person making the purchase clicked on before completing their transaction, provided that such purchase occurs within 90 days of the link. For clarity, clicks on the link are valid for 90 days, so if the customer purchases more than 90 days after clicking the link, you will not receive the associated fee for such a transaction.
3. You cannot “self-refer”, which means that the affiliate fees will only result in transactions done by other people using your link.
4. You will not engage in any behavior that is fraudulent, abusive, or harmful to the site or program at our discretion.
5. We reserve the right, at any time, to review your placement and approve the use of your link and require that you change or use the placement to follow the guidelines given.
6. All domains that use your affiliate link must be submitted when required.
7. Your website will not be identical, copied in any way, nor will it mirror the look and feel of our site. You cannot in any way create an impression that your site is our website or even mirror a part of our website in any manner.
8. You may not engage in cookie stuffing or include pop-ups or inaccurate or misleading links on your website. In addition, you will not attempt to mask the referenced URL information (ie, the page from which the click originated).
9. You will not use redirects to bounce a click from a domain that did not originate the click to make it appear as the click came from that domain.
10. If you are found redirecting links to hide or manipulate your original source, Affiliate fees not yet paid by the company will be void and your account will get terminated. This doesn’t include using “out” redirects from the same domain where the affiliate link is placed.
11. It will be solely your responsibility to maintain and update your website. We can monitor your website because we are required to ensure that it (or they) is up-to-date and to notify you of any comments as it relates to the program.
12. It is entirely your responsibility to comply with all applicable intellectual property and other laws relating to your website. You must have permission to use the copyrighted material of any person or any business or institution, whether it is writing, image or any other copyrighted work. If you violate the law or the rights of any third party, we will not be responsible (and you will be solely responsible) for using the copyrighted material or other intellectual property of any other person, business, or institution.
13. You will not, in connection with this agreement, display or reference on your website, any trademark or logo of any third-party vendor on our site unless you have an independent license to display such trademark or logo; Any data, images, text, or other information obtained by you or us from the site in connection with this agreement is used only in a lawful manner and only in accordance with the terms of this agreement.
14. You will not send unsolicited bulk-email (spam). You shall not create advertising sites (a) sites and applications that contain adult content, pornography, weapons, graphic violence (including any violent video game images), alcohol, drugs, tragedy, transportation accidents, sensitive social issues. Gambling, or content that is abusive, profane, hateful, threatening, harmful, abusive, abusive, harassing, or discriminatory (whether by race, ethnicity, religion, religion, sex, sexual orientation, physical disability, or otherwise), or solitude Be based on any unlawful or aggressive behavior; Or (b) advertisements that appear on fake news content.
15. Pay-per-click (“PPC”) restrictions:
    Unless the company first gives you written permission, you agree to abide by the following restrictions:
    1. You may not bid on any of our restricted terms (defined below) for search or content-based campaigns on Google, Bing, Yahoo, Capterra, Facebook or any other such networks.
    2. “Restricted Terms” is any of the following terms: Formaloo, Formaloo creative solutions Inc., Formaloo OU, Formaloo OÜ, formaloo.com, https://formaloo.com/, www.formaloo.com, Formaloo coupon, Formaloo discount code, Formaloo discount, Formaloo promo code, Formaloo sale, Formaloo lifetime, Formaloo promo, Formaloo sales, Formaloo deals.
    3. You may not use our restricted terms, including any changes or misspellings above, in sequence with any other keywords.
    4. You may not use our restricted terms as your title, ad copy, display name, or display URL.
    5. You may not use any of our trademark terms as part of a domain or subdomain for our website.
    6. You cannot direct links from any PPC advertisement to the site or use redirects that get the same result. Customers should be directed to a genuine page on your website.
    7. You cannot bid for any search term in any auction-style PPC advertising program in any way that looks more than us.
    8. If you will automate your PPC campaigns, it is solely your responsibility to exclude the terms of your trademark from your marketing and related activities, and we strongly suggest that you add our trademark terms as negative keywords.
16. Social Media Restrictions:
    When advertising or promoting the program on Facebook, Twitter, Instagram, YouTube and other social media platforms, you indicate and warrant that you will comply with the following requirements:
    1. You can only promote programs and links on your social media page.
    2. You are forbidden from posting your links on our Facebook, Twitter, Pinterest, or any other company’s social media account or page in an effort to convert those links into affiliate sales.
    3. You are prohibited from creating a social media account that includes our trademark in the page name and/or username.

General Conditions/Provisions

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to reject your service for a valid reason at any time.

You agree not to duplicate, reproduce, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website or product through which the service is provided, without express permission written by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Your Responsibilities

You will (a) be responsible for Users’ compliance with this Agreement, (b) be responsible for the accuracy, quality, and legality of Your Data (as defined below) and the means by which You acquired Your Data, (c) use commercially reasonable efforts to prevent unauthorized access to or use of Services and content, and notify Us promptly of any such unauthorized access or use, (d) use Services and content only in accordance with this Agreement and applicable laws and government regulations.

You will not (a) make any Service or content available to, or use any Service or content for the benefit of, anyone other than You or Users, unless expressly permitted by us, (b) sell, resell, license, sublicense, distribute, make available, rent or lease any Service or content, or include any Service or content in a service bureau or outsourcing offering, (c) use our Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use our Service to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of any Service or third-party data contained therein, (f) attempt to gain unauthorized access to any Service or content or its related systems or networks, (g) permit direct or indirect access to or use of any Service or content in a way that circumvents a contractual usage limit, or use any of Our Services to access or use any of Our intellectual property except as permitted under this Agreement, (h) copy a Service or any part, feature, function or user interface thereof, (i) copy content except as permitted herein, (j) frame or mirror any part of any Service or content, other than framing on Your own intranets or otherwise for Your own internal business purposes or as permitted under this Agreement, (k) access any Service or content in order to build a competitive product or service or to benchmark with any product or service, or (l) reverse engineer any Service. Any use of the Services in breach of this Agreement by You or Users, that in Our judgment, threatens the security, integrity, or availability of Our services may result in Our immediate suspension of the Services; however, We will use commercially reasonable efforts under the circumstances to provide You with notice and an opportunity to remedy such violation or threat prior to such suspension.

Prohibited Content

The following activities are prohibited on our platform, and we shall actively suspend accounts if they are found:

• Downloading or installing software applications not intended for software testing, e.g., bitcoin mining, gaming servers, and other illegitimate activities
• Accessing pornographic content
• Indulging in any unlawful activities

Confidentiality & Privacy

Neither party will use or disclose the other party’s Confidential Information without the other’s prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation, or court order; in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information.

You will have and abide by an appropriate Privacy Policy that clearly dictates all your rights to your personal information and will comply with all applicable laws, policies, and regulations. You must not circumvent any privacy features (e.g., an opt-out) that are part of the Service.

Cancellation/Termination of Services

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either Party. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.

If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time, and you will remain liable for all amounts due, up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Limitation of Liability

To the extent permitted by applicable law, Formaloo OÜ will not be liable for your lost revenues or indirect, special, incidental, consequential, exemplary, or punitive damages, even if Formaloo OÜ or its subsidiaries and affiliates have been advised of, knew, or should have known that such damages were possible, and even if direct damages do not satisfy a remedy.

If you are not satisfied with the Service, your only remedy will be to terminate your agreement at any time by notifying us that you no longer wish to use our Services.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. We will notify any changes in the Terms of Service by sending an email to the email address you had given account creation. In case you have opted out of our email notifications, you are liable to check this page on a periodic basis to know the changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Entire Agreement

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Contact Formaloo OÜ

Should you have questions about the Terms of Service, please send us an email to support {@} formaloo.com.

The terms of service were last updated on July 12th, 2023.

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