Affiliates Terms of Use

This Affiliate Service Agreement (the “Agreement”) is made by and between iMotionBoard.com, a Florida corporation (“iMotionBoard.com”), and Affiliate, as an Affiliate utilizing the iMotionBoard.com service (“Affiliate”, “Affiliates”, “Affiliate”).

Affiliate must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and using the Service as an Affiliate. By signing up for iMotionBoard.com, Affiliate indicate Affiliates acceptance of this Agreement and its terms and conditions. If Affiliate do not accept this Agreement, do not use the iMotionBoard.com Service as an Affiliate.

The following agreement is summarized as follows:

  • Affiliate place our creative banners anywhere on Affiliates site as Affiliate see fit, or within non-spam emails.
  • We may email Affiliate concerning new merchant programs
  • We might change the service here and then
  • Adult, Hate, or other related sites are not allowed
  • Affiliate will be paid Affiliates commissions, at such time as Affiliates account balance is $50 or more.
  • All statistics are collected and calculated by iMotionBoard.com, and will be the only valid stats used for determining commissions.
  • Any page that contains iMotionBoard.com links, creative banners, or code must be written in English.
  • As an affiliate, Affiliate can only have 1 account. Affiliate can list multiple domains in one account, but only one account is allowed. Self-referrals for affiliate or merchant accounts are strictly prohibited.
  • International affiliates (those with addresses outside of the 50 U.S. States) are paid via Direct Deposit where possible.
  • Affiliates physical address listed for receiving checks MUST be Affiliates actual address. Mail forwarding services, for the purpose of avoiding network demographics, is NOT allowed. For example, if Affiliate choose USA as Affiliates country, Affiliate must be in the USA. If Affiliate choose Russia as a country, Affiliate must be in Russia.
  • Affiliate won’t hold us liable for anything, a link to a non iMotionBoard.com Web site does not mean that iMotionBoard.com endorses or accepts any responsibility for the content or the use of such Web site.
  • Affiliate cannot SPAM. Affiliate cannot SPAM. Affiliate cannot SPAM. We will terminate Affiliates account on the first offense of SPAMMING. Do not send email to lists or groups that Affiliate do not have permission to send to. We cannot stress this enough, we WILL terminate Affiliates account on the first offense.
  • Affiliate may place banners or links within Affiliates newsletters, in content of Affiliates website, or within other web related content.
  • Affiliate accounts that are left inactive will be removed from our system if their balance is equal to or less than $25. If an abandoned affiliate account has a balance between $25 and $50, a $25 fee will be assessed once per calendar month, until the balance is equal to zero dollars – and is closed. At no time will an affiliate ever owe monies to iMotionBoard.com, Inc. based on fees – the account will simply be closed. An abandoned affiliate account is defined as any account that has not been logged in to for a period of 6 months, nor have any transactions been posted to that account. If one or the other of those conditions are true – the account will remain in an active state.
  • NOT ALLOWED: All other uses of banners or links, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guest books etc. are NOT allowed.
  • NOT ALLOWED: Any placement of creative in a “Desktop” advertising scheme. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form.
  • NOT ALLOWED: Any display of a merchant window that isn’t the result of a direct click by the end-user.
  • Failure to abide by these rules could mean termination from a given merchant program, or from iMotionBoard.com completely with a complete forfeit of commissions.
  • Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-through using robots, frames, iframes, scripts, or manually “refreshing” of pages, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS.
  • If Affiliate run or utilize an incentive website, Affiliate MAY participate in iMotionBoard.com pay-per-click and pay-per-lead programs ONLY IF Affiliate receive specific written (fax or email are ok as well) permission from the merchant. Affiliate must also copy this specific permission to us, and that permission must detail exactly what kind of incentive Affiliates users have to click the links. Without this permission, Affiliates commissions may be voided. Affiliate are allowed to participate in any pay-per-sale programs without any special permission.
  • At iMotionBoard.com, there are two levels of membership: Full and Limited. All affiliates begin at the Limited level, and can participate only in pay-per-lead and pay-per-sale programs. Affiliates status will be changed to “Full” at the time of Affiliates first payment sent to Affiliate. Affiliate must also be participating as a top-level domain name, i.e., no generic free website services allowed. Only Full members can participate in pay-per-click programs.
  • Affiliate cannot refer Affiliates as a Merchant with iMotionBoard.com and receive commission. Sorry.


PRIVACY POLICY

iMotionBoard.com respects the privacy of all users and will not disclose personal information to third parties without the express permission of Affiliate and Affiliates company. If Affiliate have any questions please contact support@iMotionBoard.com.

DEFINITIONS

“Performance Marketing” occurs when individual web sites that generate their own traffic (“Affiliates”) partner with online Merchants (“Merchant”)’s and the Merchant pays a commission or other reward for those Visitors resulting in a measurable action such as a closed sale, lead, hit, or other action.

“Affiliate” means an individual or business generating their own traffic and thus rewarded for legitimate sales, leads, clicks, or other measurable action. Affiliates use iMotionBoard.com to facilitate relationships with Merchants as well as gain tracking, reporting, and receipt of commission payment.

“Merchant” means an e-commerce entity paying a commission or bounty for legitimate sales, leads, clicks, or other measurable action by a Visitor. Merchants use iMotionBoard.com facilitate relationships as well as gain tracking, reporting, and issuance of commission payment.

“Visitor” means any person, or user that clicks on a Link to a Merchant’s Web site placed on an Affiliate’s Web site.

“sale commission” means the payment the Merchant sets and agrees to pay for Visitors referred to the Merchant’s Web site that results in a sale of a product or service. The sale could occur at the time of the visit or at a later time not to exceed 30 days. If a sale occurs after 30 days and the Visitor has not returned through an authorized Affiliate’s site, then no payment shall occur.

“lead commission” means the payment the Merchant sets and agrees to pay for Visitors referred to the Merchant’s Web site that results in the Visitor performing an action defined by the Merchant. Such an action could include filling out a form, joining a mailing list, or other mechanism to identify potential customers. The action could occur at the time of the visit or at a later time not to exceed 30 days. If an action occurs after 30 days and the Visitor has not returned through an authorized Affiliate’s site, then no payment shall occur.

“click commission” means the payment the Merchant sets and agrees to pay for a valid click from an Affiliate Partner’s site to the Merchant’s site that results in the Merchant’s Web site being viewable to the Visitor. A click is deemed valid when it meets certain criteria as defined on the Web site or in this agreement, which criteria may change from time to time.

“payment ” means the amount of sale commission, lead commission, or click commission a Merchant agrees to pay for an individual measurable action. The payment t is defined as either a percentage of a total sale amount, or as a set bounty (flat rate) per action.

“commission” means the amount sale commission, lead commission, or click commission a Merchant agrees to pay for an individual measurable action. The payment is defined as either a percentage of a total sale amount, or as a set bounty (flat rate) per action.

“link” means a hyperlink placed on an Affiliate’s site that, when clicked on, sends a Visitor through to a Merchant website via redirection at iMotionBoard.com. Links take many forms including text, a product image, buttons, banners, videos or any other format acceptable to the Merchant.

“void” means a reversal of a payment previously earned for a sale, lead, or click that is later rescinded or corrected by the Merchant. Merchants may VOID transactions that are fraudulent, or in the case of returned merchandise, duplicate transactions, or other valid reasons.

“affiliates account” means a specific account within the Service, where Commissions are credited.

THE SERVICE

iMotionBoard.com has developed and operates a service (the “Service”) which allows Affiliates to participate in performance based marketing programs. As an Affiliate of iMotionBoard.com Affiliate will be establishing arrangements with third party organizations, called Merchants. All Affiliate relationships established between Affiliate, and iMotionBoard.com will be conducted and managed through our service.

LINK PLACEMENT

As an Affiliate of the Service, Affiliate may place and remove Merchant Links on Affiliates site and in acceptable locations.

  • Affiliate place our creative banners anywhere on Affiliates site as Affiliate see fit, or within non-spam emails.
  • Adult, Hate, or other related sites are not allowed
  • Any page that contains iMotionBoard.com links, banners, or code must be written in English.
  • Affiliate cannot SPAM. Affiliate cannot SPAM. Affiliate cannot SPAM. We will terminate Affiliates account on the first offense of SPAMMING. Do not send email to lists or groups that Affiliate do not have permission to send to. We cannot stress this enough, we WILL terminate Affiliates account on the first offense.
  • Affiliate accounts that are left inactive will be removed from our system if their balance is equal to or less than $25. If an abandoned affiliate account has a balance between $25 and $50, a $25 fee will be assessed once per calendar month, until the balance is equal to zero dollars – and is closed. At no time will an affiliate ever owe monies to iMotionBoard.com based on fees – the account will simply be closed. An abandoned affiliate account is defined as any account that has not been logged in to for a period of 6 months, nor have any transactions been posted to that account. If one or the other of those conditions are true – the account will remain in an active state.
  • NOT ALLOWED: All other uses of banners or links, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guest books etc. are NOT allowed.
  • NOT ALLOWED: Any placement of creative in a “Desktop” advertising scheme. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form.
  • NOT ALLOWED: Any display of a merchant window that isn’t the result of a direct click by the end-user.

 

AFFILIATE PAYMENT

Affiliate will receive a Commission for sending a Merchant authorized sales, leads, and/or clicks via Affiliates Links. In order to place Links, Affiliate must first be approved by a Merchant to become an Affiliate of that Merchant’s program. Affiliate understand that the payment amount may be changed at any time. This information is also available to Affiliate at the iMotionBoard.com Member’s Area. Affiliate are responsible for determining if the payment for a Link Affiliate have placed on Affiliates site has changed or been discontinued. Affiliate receive the Commission from iMotionBoard.com. Payments are made automatically on the twentieth (20th) day of each month when Affiliates account balance reaches $50 or more for the previous months’ transactions. Money credited to Affiliates Account does not accrue interest. In the event of a VOID by a Merchant, iMotionBoard.com may recover from Affiliate the corresponding Commission previously credited to Affiliates Account. The VOID Commission will be immediately deducted from Affiliates Account balance. In the event that Affiliates Account balance is less than the VOID Commission, the VOID Commission will be deducted against Affiliates future earnings. Affiliate will NEVER be asked to send money to iMotionBoard.com

SERVICE AND SUPPORT

iMotionBoard.com will provide support for the Service as indicated on the iMotionBoard.com Web site.

EMAIL CONTACT

iMotionBoard.com reserves the right to send e-mail to Affiliate for the purposes of informing Affiliate of applicable changes or additions to the Service or any iMotionBoard.com related products and services.

CHANGES TO THE SERVICE

iMotionBoard.com reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. In the event of any material change, iMotionBoard.com will notify Affiliate via e-mail, newsletter or the iMotionBoard.com Web site at least 7 days prior to any such changes taking effect, at which time Affiliate may either agree to such changes or withdraw from the Service.

REGISTRATION

To sign up as an Affiliate of iMotionBoard.com and to use the Service as an Affiliate Partner Affiliate must be at least 18 (eighteen) years of age, and supply a valid tax-id, which may be Affiliates social security number for individuals, or a federal tax-id for corporations or entities.

THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN iMOTIONBOARD.com: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, and OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES. As part of the registration process, Affiliate will select a username and password combination that Affiliate use to access affiliates Affiliate area within the Service. Affiliate shall provide iMotionBoard.com with accurate, complete and updated registration information. Affiliate may not select the name of another person with the intent to impersonate that person or deceive members or other users as to affiliates true identity. Affiliate agree that iMotionBoard.com may rely on any data, notice, instruction or request furnished to iMotionBoard.com by Affiliate which is reasonably believed by iMotionBoard.com to be genuine and to have been sent or presented by a person reasonably believed by iMotionBoard.com to be authorized to act on affiliates behalf. Affiliate shall notify iMotionBoard.com by e-mail at support@iMotionBoard.com of any known or suspected unauthorized uses of affiliates Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of affiliates username and password. Affiliate shall be responsible for maintaining the confidentiality of affiliates username and password and Affiliate are responsible for all usage and activity on affiliates Account, including use of the account by a third party authorized by Affiliate to use affiliates Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by iMotionBoard.com and referral to the appropriate law enforcement agencies.

ACCEPTED USE

Affiliate represent to iMotionBoard.com that all content Affiliate provide to the Service is solely owned by Affiliate or provided by Affiliate with the express authority of the company Affiliate represent, does not infringe upon any other individual’s or organization’s rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. Affiliate shall not provide, promote, distribute, place or otherwise publish as an Affiliate of the Service any content, or Web site that includes content, which is libelous, defamatory, obscene, pornographic, abusive, and fraudulent or violates any law. As iMotionBoard.com may not review all information provided by Affiliate, Affiliate shall remain solely responsible for Affiliate content and Web site. As an Affiliate, Affiliates may not artificially inflate traffic counts to Merchant site(s) using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects. Affiliate may not click on Affiliate own banners and/or links or submit multiple leads to Affiliate Merchant partners.

Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms or guest books. Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of delivering valid sales, leads, or clicks to the related Merchant for that Link.

Points or reward programs for click or lead programs are NOT allowed. iMOTIONBOARD.com RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF iMotionBoard.com. If Affiliate are terminated from the Service, iMotionBoard.com has the right to withhold money Affiliate earned within the Service or money that Affiliates owe within the Service and Affiliate will not be allowed to re-join iMotionBoard.com.

LIMITED WARRANTY

The Service, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, iMotionBoard.com DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, and ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, iMOTIONBOARD.com SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO AFFILIATE.

The Merchant will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold the Merchant liable for any of the consequences of such interruptions.

MERCHANT SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. MERCHANT SHALL HAVE NO LIABILITY WITH RESPECT TO MERCHANT OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF MERCHANT HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF MERCHANT HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY MERCHANT AS A DIRECT RESULT OF THIS AGREEMENT.

LIMITATION OF LIABILITY

iMOTIONBOARD.com OR ITS SUPPLIERS OR RESELLERS OR MERCHANTS SHALL NOT BE LIABLE TO AFFILIATE OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE iMOTIONBOARD.COM SERVICE OR ANY INFORMATION PROVIDED ON THE iMOTIONBOARD.com WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF iMOTIONBOARD.com OR an iMOTIONBOARD.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO AFFILIATE. IN SUCH JURISDICTIONS, iMOTIONBOARD.com LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.

Affiliate agrees that iMotionBoard.com, although the provider of the Service, has no responsibility or liability as a result of Affiliates placement of authorized Links from Affiliates Web site, and Affiliate, and the Merchant, jointly and severally agree to indemnify, defend, and hold harmless iMotionBoard.com and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.

iMotionBoard.com agrees to indemnify, defend, and hold harmless Affiliate and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to iMotionBoard.com negligence or willful misconduct in performance of the Services or its breach of this Agreement.

NON-DISCLOSURE

iMotionBoard.com acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information (“Confidential Information”) of Affiliates Company and iIMotionBoard.com agrees not to disclose or disseminate the Confidential Information without Affiliates prior express written consent. The term “Confidential Information” shall not include information that is or becomes part of the public domain through no action or omission of iMotionBoard.com that becomes available to iMotionBoard.com from third parties without knowledge by iMotionBoard.com of any breach of fiduciary duty, or that iMotionBoard.com had in its possession prior to the date of this Agreement. IMotionBoard.com does not collect information about a Merchant’s customer transactions, other than what is passed to us through the installed tracking code and displayed on Affiliates own transaction reports. Any information we receive is used solely for tracking and Commission payment purposes. iMotionBoard.com reserves the right to be able to utilize this data in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other analysis as iMotionBoard.com deems appropriate.

OWNERSHIP AND LICENSES

Affiliate, the Affiliate, are granted a non-exclusive, limited, revocable right to use Merchant provided trademarks and creative banners. All images, technology and content provided for Affiliates use is and shall remain the sole property of the Merchant, and no part thereof shall be deemed assigned or licensed to Affiliate except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain the Merchant’s sole property, including rights in and to any derivatives thereof. Affiliate may not modify the trademarks, creative banners, the content or any of the images provided to Affiliate in any way.

A Merchant may immediately terminate Affiliates license to use the marks if the Merchant reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. Affiliate acknowledge that Affiliates use of the marks will not create in Affiliate, nor will Affiliate represent that Affiliate have, any right, title or interest in or to the marks other than the license granted by the Merchant above. Affiliate will not challenge the validity of or attempt to register any of the marks or Affiliates interest therein as a licensee, nor will Affiliate adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. Affiliate acknowledge the Merchant’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of the Merchant.

REPRESENTATIONS

iMotionBoard.com makes no representations whatsoever about any other Web site which Affiliate may access through the Service. In addition, a link to a non-iMotionBoard.com Web site does not mean that iMotionBoard.com endorses or accepts any responsibility for the content or the use of such Web site.

 

NONASSIGNABILITY

Affiliate or iMotionBoard.com may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties.

FORCE MAJEURE

Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.

JURISDICTIONAL ISSUES

This Agreement shall be governed by the State of Florida and USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of Florida and Affiliate consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.

MISCELLANEOUS

This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY AFFILIATE IS EXPRESSLY MADE CONDITIONAL ON AFFILIATES ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN AFFILIATES PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.