ShopRaise Affiliate Terms

Last modified: 8 Nov 2020

Affiliate Terms

“Marketing Property” means the any website, social media accounts, apps or other areas managed or controlled by the Publisher and approved by ShopRaise for the purpose of facilitating display and distribution of Qualifying Links for the Affiliate Program

A “Affiliate Link” means any software, software code, programming or other technology or method (or any combination of the foregoing) that (i) creates a hyperlink between two Marketing Properties, or (ii) otherwise causes a web access device to display to its user a “banner,” “button,” text-mention, word, phrase, logo or other textual or graphical material that, when activated by a person, results in a Marketing Property being served to such person or such person being able to electronically access, receive or obtain Content, products, services or other offerings from the linked Marketing Property.

A “Qualifying Event” occurs when a person (not you), who is physically located in the United States, clicks-through the Affiliate Link on your Marketing Property to the ShopRaise Site, and successfully completes the terms of the Offer.

“Promotional Materials” means any banner advertisements, button links, text links, and/or other graphic or textual material for display and use on Your Marketing Property

“Publisher”, “You”, “Your” means a person or organization that participates in the Affiliate Program and, through such participation and use of the appropriate Promotional Materials, desires or makes itself available to display, distribute or place Qualifying Links for on approved Marketing Properties for compensation.

“Cause” an organization, cause, or program that uses ShopRaise Services to fundraise or raise money, or that otherwise benefits from the use of any ShopRaise Services or ShopRaise fundraising efforts.

“Offer” Offers are created by ShopRaise and can be reviewed in ShareaSale.com affiliate system located on the ShareaSale.com website and contain information about the payout model and marketing, prices, commission rate and special terms and conditions.

“Affiliate Program” means a marketing arrangement where ShopRaise engages a Publisher to provide leads and or sales for a performance-based commission generated from its referrals.

“ShopRaise Services” means any ShopRaise’s fundraising sites, applications, and services.

Affiliate Program Agreement

This Affiliate Program Agreement (this "Agreement") contains the terms and conditions that apply to your participation in the Affiliate Program.

Please read this Agreement carefully. By submitting an application to participate in the Affiliate Program, or otherwise by participating in the Program, you represent that you have read, fully understand, and agree to the terms of this Agreement with TFP HOLDINGS II LLC d/b/a ShopRaise ("ShopRaise", "we", "us", or "our"). If this Agreement is being entered into on behalf of a legal entity, you also represent and warrant that you are authorized to legally bind that entity to this Agreement. If you do not agree to the terms of this Agreement, do not submit an application. By submitting an application, you are deemed to have accepted this Agreement and agreed to be bound by it

Sections

Enrollment – This section lays out restrictions for Publishers that are allowed in the Affiliate Program.

To participate in our Affiliate Program, you must first register as an affiliate with Shareasale.com, Inc. (“Shareasale.com”) and agree to Shareasale.com’s applicable affiliate terms and conditions (the “Shareasale.com Terms”). You must also must agree to the terms and conditions set forth in this agreement as well as the terms set forth in the Offer. We reserve the right to accept or reject Your application in our sole discretion; however, we encourage You to contact us if You feel we have made an incorrect decision.

After receiving and reviewing your application, we will notify you of your acceptance or rejection into the Affiliate Program. Upon ShopRaise’s written notice to you that we have accepted your application, you will become an approved Publisher.

As a Publisher you will be permitted to advertise ShopRaise Services by displaying your Affiliate Links your Marketing Properties and be eligible to receive such Commissions and other discounts as are offered herein.

Restrictions – this section lays out the restrictions for who will be allowed in the Affiliate Program.

In order to be eligible to participate in the Affiliate Program, you must not be a Cause. In addition You must not:

Linking to the Affiliate Program

Upon acceptance into the Affiliate Program, Affiliate Links will be made available to You through the Shareasale.com affiliate website. Your acceptance in our Affiliate Program means You agree to abide by the following:

Pay per click (“PPC”) guidelines

When participating in any PPC advertising, you must adhere to the following PPC guidelines:

Coupons, Specials and Deals Guidelines

If You are enrolled in our Affiliate Program and Your Marketing Property promotes coupon codes, specials or deals (collectively known as “Coupons”) You must adhere to our Guidelines as follows:

Social Media Policy

Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:

Advertising & Publicity

Upon acceptance into the Program, subject to the terms herein, ShopRaise may make available to you certain banner advertisements, button links, text links, and/or other graphic or textual advertising or marketing materials (“Promotional Materials”) for display and use on your Marketing Properties. In connection with the foregoing, ShopRaise hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free license to use and display any such Promotional Materials on your Marketing Properties solely to promote the ShopRaise Site (and the ShopRaise Services available thereon) in connection with your participation in the Program. In connection with the license granted and otherwise in connection with your participation in the Program:

The foregoing license shall expire immediately upon the expiration or termination of this Agreement.

Trademark and IP

Commissions

Upon acceptance into the Affiliate Program, You will be eligible to receive an affiliate commission (the "Commission") for the successful completion of Qualifying Events. The current rates of Commission shall be set forth in Your Offer available on the Shareasale.com affiliate program located on the Shareasale.com affiliate website. ShopRaise reserves the right to modify the Offer including the Commission rate from time to time, at its sole discretion. ShopRaise is responsible for authorizing Commission payments and Shareasale.com will be solely responsible for fulfilling and transferring all Commission payments in accordance with the Shareasale.com Agreement. Subject to the terms of the Shareasale.com Agreement, ShopRaise will be entitled to withhold, deduct and set off from any payments to be made to You hereunder any sums owed by You to ShopRaise, whether in connection with this Agreement (including any breach hereof by You) or otherwise.

Reversal and Communication Policy

ShopRaise reserves the right to reverse Commissions due to order cancellations, duplicate tracking, returns, disputed charges, and violations of this Agreement. Additionally, in your communications with ShopRaise and our providers (such as Shareasale.com), you agree that you will always be forthcoming and respond in a timely and honest manner. Without limiting the foregoing, you agree that you will, upon request by ShopRaise, promptly substantiate or validate the source of your traffic to a ShopRaise Site with clear and demonstrable proof.

In the event of a violation, we reserve the right to reverse orders, set your Commission to 0%, suspend you from the Program, or terminate this Agreement and remove you from the Program outright. We know that many violations are a result of automated processes; however, it is incumbent upon you to ensure that you have the appropriate checks and balances in place to pro-actively address these issues and adhere to our Program terms and conditions as set forth in this Agreement

Relationship of Parties

This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between ShopRaise and You. You shall provide services for ShopRaise as an independent contractor. You shall have no authority to bind ShopRaise to any agreement, nor shall You be considered to be an agent of ShopRaise in any respect.

Term Termination

The term of this Agreement and your participation in the Program shall begin upon our acceptance of you as a Publisher, in accordance with the terms herein, and shall terminate when this Agreement is terminated by either party (or when ShopRaise otherwise terminates the Program). Either you or ShopRaise may terminate this Agreement and your participation in the Program at any time, with or without cause, upon written notice to the other party. Upon termination, all rights and licenses granted to the other party hereunder shall immediately terminate and you shall: (i) use best efforts to immediately remove from your Marketing Properties all Affiliate Links and any references to ShopRaise, any ShopRaise Site, ShopRaise Services, or to any other ShopRaise IP; and (ii) cease any and all use of Promotional Materials (and any other advertising or marketing materials related to this Agreement or your participation in the Program), our Marks, and any other trade or service marks, trade names, or any other items made available by ShopRaise to you through, or used in connection with, our Program. (iii) Upon the termination of this Agreement, you will be entitled to receive Commissions only on Qualifying Events that occurred prior to such termination.

Representations and Warranties

You represent and warrant to ShopRaise that: (i) you have the full right, power, and authority to enter into and perform your obligations and grant the rights, licenses, consents, and authorizations you grant or are required to grant under this Agreement; (ii) you shall comply with the terms and conditions under this Agreement, the Shareasale.com Terms, the Offer, and with all laws and regulations applicable to your performance hereunder, including with respect to any marketing or advertising activities conducted by you or that are conducted on your behalf, and with respect to your Marketing Properties and other Publisher Materials; and (iii) neither your performance hereunder nor your Marketing Properties or other Publisher Materials infringe, misappropriate, or otherwise violate any intellectual property right or other right of any third party.

Disclaimer; Limitations of Liability

Indemnification

YOU SHALL INDEMNIFY AND HOLD HARMLESS SHOPRAISE AND OUR PROVIDERS FROM ANY CLAIM, DAMAGE, LAWSUIT, ACTION, COMPLAINT, OR OTHER COSTS ARISING OUT OF ANY WRONGFUL ACT RELATED IN ANY WAY TO YOUR PARTICIPATION IN THE PROGRAM OR YOUR BREACH OF THIS AGREEMENT, THE SHAREASALE.COM TERMS, OR THE OFFER. YOU SHALL ALSO INDEMNIFY AND HOLD HARMLESS SHOPRAISE FROM ANY DAMAGE, LOSS OR OTHER COST ARISING OUT OF THE MISUSE BY YOU OF ANY SHOPRAISE IP, INCLUDING OUR MARKS OR ANY PROMOTIONAL MATERIALS.

Confidentiality

Compliance with Laws

In connection with your participation in the Program, you will comply with all applicable laws, rules and regulations, including but not limited to the CAN-SPAM Act of 2003, Section 5 of the FTC Act, and the FTC’s disclosure rules regarding endorsements, including without limitation, by including a disclosure statement within any and all pages/posts where Affiliate Links are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, and in accordance with the FTC’s disclosure rules.

Modifications

General

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