This Affiliate Service Agreement (the “Agreement”) is made by and between Market Titans Agency & New Audience Media and you, as an Affiliate utilizing the Market Titans Agency & New Audience Media service (“You”, “Your”, “Affiliate”).

 

Last Updated: December 21, 2018

 

Eligibility and Acceptance of Terms

To become a Market Titans Agency & New Audience Media Affiliate, you must submit an application through Market Titans Agency & New Audience Media’s Affiliate Signup, available at https://newaudiencemedia.com.au/affiliate-account-creation/

By submitting an application for an Affiliate Program Account, you agree to these Affiliate Program Terms and Conditions, New Audience Media’s general terms and conditions, and Market Titans Agency & New Audience Media’s privacy policy. This agreement incorporates both the Terms and Conditions and Market Titans Agency & New Audience Media’s privacy policy by reference, including Section 15 which provides for binding arbitration and a waiver of class action rights. Where a conflict exists between Market Titans Agency & New Audience Media’s general terms and this agreement, this agreement governs, except with respect to the Arbitration and Class Action Waiver provisions of the Terms of Service.  Please review these terms carefully, as they affect your legal rights.

Market Titans Agency & New Audience Media reserves the right to accept or reject any application for membership in the Market Titans Agency & New Audience Media affiliate program for any reason in its sole discretion.

Affiliates must be 18 years or older, or the age of majority, in the jurisdiction where the Affiliate resides.

Qualified Referrals and Commissions

Affiliates will receive a commission for Qualified Referrals to Market Titans Agency & New Audience Media. The percentage of the commission may change at any time and without notice.

“Qualified Referrals” mean customers referred by the Affiliate to Market Titans Agency & New Audience Media and who (1) purchase any subscription to Market Titans Agency & New Audience Media or another Market Titans Agency & New Audience Media product; and (2) who do not request a refund of Market Titans Agency & New Audience Media purchases, products, or subscriptions.

Affiliates who share the same personal/company details, including but not limited to, last name, email address, IP address, website details or commission payment details, as their referred customer will be deemed to have made a “self-referral.” Referral commission and any earnings associated with this type of “self-referral” will not be paid. Market Titans Agency & New Audience Media in its sole discretion will determine the meaning of “self-referral” and classification of any referral as a “self-referral.”

Affiliate referrals made to current Market Titans Agency & New Audience Media customers will be considered “current customer referrals.” Referral commission and any earnings associated with this type of “current customer referral” will not be paid. Market Titans Agency & New Audience Media in its sole discretion will determine the meaning of “current customer referral” and classification of any referral as a “current customer referral.”

Market Titans Agency & New Audience Media, in its sole discretion, may determine that no commissions will be earned on particular “Add-On” products and subscriptions due to associated administrative costs or high production costs.

Commissions earned on referrals become “payable” after 33 days, which constitutes Market Titans Agency & New Audience Media’s current money-back guarantee/refund period for customers.

If at any time, a referred customer files a credit card dispute, any earned affiliate commissions on those disputed charges shall become “frozen” in the referring Affiliate’s account until the dispute is settled. If the dispute is settled in Market Titans Agency & New Audience Media’s favor, any associated earned commissions may again become payable to the referring Affiliate. If the dispute is settled in the customer’s favor, any associated earned commissions shall not be paid to the referring Affiliate. If commissions have already been paid out to the referring Affiliate, the amount of paid earned commissions on the disputed charges shall be debited to the Affiliate’s account.

You will not receive any interest on commissions held to your account.

Commission payments may be made via electronic payment. Affiliate is responsible for paying all applicable fees associated with accepting payments, including but not limited to, currency conversion fees, transaction fees, withdrawal fees, deposit fees, check cashing fees, etc.

Market Titans Agency & New Audience Media, 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 Market Titans Agency & New Audience Media deems to be illegal, improper, unfair or otherwise adverse to the operation of the Market Titans Agency & New Audience Media or detrimental to other users of the Market Titans Agency & New Audience Media.

Market Titans Agency & New Audience Media reserves the right to request documentation needed to verify Affiliate accounts. These requests may be made at the time of Affiliate application, or at any time while the Affiliate has an active Affiliate account. If requests for documentation are not made in a timely manner, Market Titans Agency & New Audience Media also reserves the right to terminate, deactivate, or not approve Affiliate accounts.

You hereby agree to indemnify and hold harmless Market Titans Agency & New Audience Media, and its merchants, employees, agents, and shareholders, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses.

Market Titans Agency & New Audience Media reserves the right to change the terms and conditions or functionality of the Market Titans Agency & New Audience Media Affiliate program at any time without notice. It is also agreed that after notification of Agreement changes, continued use of the Market Titans Agency & New Audience Media Affiliate program constitutes acceptance of this Agreement. If you do not agree with changes to our Agreement, the Affiliate should cease promotion immediately and close their account.

Marketing

Each Affiliate shall bear their own costs and expenses related to marketing and promoting the Market Titans Agency & New Audience Media service and/or the Market Titans Agency & New Audience Media Referral Program. Market Titans Agency & New Audience Media shall not reimburse or credit Affiliates for any marketing expenses, except in its sole discretion. Reimbursement of any marketing expenses shall not create a duty or obligation to reimburse any future marketing expenses.

Affiliates may only engage in marketing as set forth in this agreement.

Affiliates may not engage in the following marketing activities, and by accepting this agreement, represents and warrants that their marketing practices do not violate any of these restrictions:

Affiliates shall not make any false, misleading, or disparaging statements with respect to the Market Titans Agency & New Audience Media services.

Affiliates shall not create websites or advertisements that copy, imitate, or resemble the look and feel of the Market Titans Agency & New Audience Media service.

Affiliates shall not engage in any marketing activity that may harm the reputation or credibility of Market Titans Agency & New Audience Media, including using low-quality marketing materials, or advertising on any site that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal activities, or violates the intellectual property or rights of a third party.

Affiliates shall not send any email in violation of the federal CAN-SPAM.

Affiliates must include a physical mailing address and unsubscribe information for any marketing email sent promoting Market Titans Agency & New Audience Media’s services.

Affiliates shall make clear that they, not Market Titans Agency & New Audience Media, are the sender of all marketing communications related to promotion of Market Titans Agency & New Audience Media’s services.

Affiliates shall not engage in any marketing or promotional activities that violate applicable laws, rules, or regulations.

Affiliates shall not promote Market Titans Agency & New Audience Media via any form of paid advertising whether in banner form, paid adwords, or on social media networks.

Affiliates shall not market using facsimile, broadcast, telemarketing, text message marketing, or other offline marketing methods regarding Market Titans Agency & New Audience Media or Market Titans Agency & New Audience Media’s services without the express written consent of Market Titans Agency & New Audience Media.

Affiliates shall not use malware or spyware to market or promote Market Titans Agency & New Audience Media services.

Communications with Market Titans Agency & New Audience Media

Affiliates shall, within a reasonable time, inform Market Titans Agency & New Audience Media of:

 

Any breach of customer data the Affiliate has collected in connection with its marketing or promotion of the Market Titans Agency & New Audience Media services

Any information known to the Affiliate that could reasonably lead to a claim, demand, or liability against Market Titans Agency & New Audience Media by any party.

Changes to this Agreement.

Market Titans Agency & New Audience Media reserves the right to cancel or modify this agreement, except with regard to the Arbitration and Class Action waiver provisions incorporated by reference, at any time.  Market Titans Agency & New Audience Media will notify Affiliates of any material change to these terms by email and/or notice on the Market Titans Agency & New Audience Media website.

 

Termination

Market Titans Agency & New Audience Media may terminate this Agreement at any time, with or without cause upon notice to Affiliate. Without limiting the foregoing, Market Titans Agency & New Audience Media reserves the right to terminate Affiliate accounts that have not been accessed in 12 months or more.  Market Titans Agency & New Audience Media reserves the right to terminate an Affiliate and not pay the accrued balance where the Affiliate has been deemed to breach this Agreement.

Affiliates may voluntarily close or terminate their account with Market Titans Agency & New Audience Media. By 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. You also forfeit any commissions that were paid out but not collected for a period of 6 months or more.

However, if Market Titans Agency & New Audience Media is late paying your commissions, you cannot terminate this Agreement on the basis that the delay constitutes a breach of this Agreement.

Upon termination of this Agreement, Affiliates shall:

Return any Market Titans Agency & New Audience Media property (including any marketing materials provided by Market Titans Agency & New Audience Media and any confidential information) to Market Titans Agency & New Audience Media, or destroy such information and certify its destruction in writing; and

Cease and desist from displaying or using any Market Titans Agency & New Audience Media intellectual property.

Upon termination, all rights granted to Affiliate shall immediately terminate, as well as any rights to payment of Fees under this agreement, unless determined by Market Titans Agency & New Audience Media in its sole discretion.