This Affiliate Service Agreement (the "Agreement") is made by and between Innovative Lifestyles LLC DBA 1Hour Break® ("1HourBreak.com"), and you, as an Affiliate utilizing the 1Hourbreak.com service ("You", "Your", "Affiliate").
1Hour Break® Affiliate Terms & Conditions
Please read our affiliate terms and conditions carefully before you join our program or begin marketing our program. These terms and conditions are written in plain language intentionally avoiding legalese to ensure that they may be clearly understood and followed by affiliates. Each Affiliate is responsible for assuring that its employees, agents and contractors comply with these terms and conditions.
As used in the below Terms: (i) "We", "us" and "our" refers to 1Hour Break and their websites; (ii) "you" or "your" refers to the Affiliate; (iii) "our website" refers to the 1Hour Break properties located at www.1hourbreak.com; (iv) "your website" refers to any websites that you will link to our website; (v) "Program" refers to the 1Hour Break Affiliate Program.
After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. Please allow up 48 hours for your application to be reviewed. We reserve the right to reject any application, however we encourage you to contact us if you feel we have made an incorrect decision. Including all of the websites that you use in your profile will help us make a better decision.
Your participating website(s) may not:
1. Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights.
2. Violate any law, rule or regulation.
3. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
4. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
5. Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website.
LINKING TO OUR WEBSITE
Upon acceptance into the Program, links will be made available to you through the affiliate interface. Your acceptance in our program means you agree to and abide by the following.
1. You will only use linking code obtained from the affiliate interface without manipulation.
2. All domains that use your affiliate link must be listed in your affiliate profile.
3. Your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, framing of our Website in any manner.
4. You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating).
5. You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense.
6. Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.
If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using "out" redirects from the same domain where the affiliate link is placed.
If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:
1. You may not bid on any of our trademarked terms (which are identified below), including any variations or misspellings thereof for search or content based campaigns on Google, MSN, Yahoo or any other network.
2. You may not use our trademarked terms in sequence with any other keyword (i.e. 1Hour Break Coupons).
3. You may not use our trademarked terms in your ad title, ad copy, display name or as the display url.
4. You may not direct link to our website from any Pay Per Click ad or use redirects that yield the same result. Affiliates must be directed to an actual page on your website.
5. You may not bid in any manner appearing higher than 1Hour Break for any search term in position 1-5 in any auction style pay-per-click advertising program.
If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your program and we strongly suggest you add our trademarked terms as negative keywords. We have a strict no tolerance policy on PPC trademark bidding. You will forfeit all commissions for a minimum of the past 30 days and your commission will be set to 0% without warning if you engage in PPC trademark bidding that uses our trademarked terms.
Trademarked Terms: 1Hour Break®, 1HourBreak®, www.1hourbreak.com, One Hour Break, or any variation or misspelling of our trademark.
If you are enrolled in our Program and your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:
1. You may ONLY advertise coupon codes that are provided to you through the affiliate program or network or that are displayed on our website(s).
2. Posting any information about how to work around the requirements of a coupon/promotion (ie first time customers only) will result in removal from the program.
3. Coupons must be displayed in their entirety with the full offer, valid expiration date and code.
4. You may NOT use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s).
5. You may NOT advertise coupon codes obtained from our non-affiliate advertising, customer e-mails, paid search, or any other campaign.
6. You may NOT give the appearance that any ongoing offer requires clicking from your website in order to redeem. For example, if all items on the site have free shipping over $100, you may not turn this into an offer that infers that the customer must click from your site to get this deal.
7. On click through, you must link directly to our website. Framing of our website is strictly prohibited.
8. Cookie Stuffing/Forced Clicks: You must not mislead customers into clicking on an offer or coupon that does not exist or practice similarly deceptive tactics that are generally known as "cookie stuffing or forced clicks." These include, but are not limited to:
1. Using knowingly expired offers or presenting offers that do not exist or are not affiliate offers
2. Making claims that a user must click on a link first to activate or receive an offer.
3. Presenting a button that claims to show all offers that sets the affiliate cookie in the background
4. Technology that generates a click or sets the cookie from the action of copying a coupon code or though a pop under.
Additionally, if your website ranks on the first page of Google for terms related to our website or company name(s) combined with the words coupon, coupons, coupon code, promo code, etc. and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders. The current rate is 2%.
Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited (i.e. 1hourbreak.website.com or www.1hourbreak-coupons.com).
ADVERTISING & PUBLICITY
You shall not create, publish, distribute, or print any written material that makes reference to our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via e-mail campaigns, you must adhere to the following:
1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.
2. E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of 1Hour Break
3. E-mails must first be submitted to us for approval prior to being sent or we must be sent a copy of the e-mail.
Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:
1. You ARE allowed to promote offers to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Twitter, etc. pages. For example: You may post, "25% off sale at 1Hour Break through Wednesday with code 1HourBreak25."
2. You ARE PROHIBITED from posting your affiliate links on 1Hour Break’s Facebook, Twitter, etc. company pages in an attempt to turn those links into affiliate sales.
OPERATIONS OUTSIDE UNITED STATES
If you are conducting business in or taking orders from persons in other countries, you will follow the laws of those countries. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive if you are conducting business in or taking orders from persons in one or more of the European Union countries.
You will receive a Commission for sending authorized sales, leads, via Your Links. You understand that the Payout amount may be changed at any time. You are responsible for determining if the Payout for a Link You have placed on Your site has changed or been discontinued. Payments are made automatically on the fifth (5th) day of each month when Your account balance reaches $100 or more for the previous months' transactions. Money credited to Your Account does not accrue interest. In the event of a VOID by a Merchant, 1Hour Break may recover from You the corresponding Commission previously credited to Your Account. The VOID Commission will be immediately deducted from Your Account balance. In the event that Your Account balance is less than the VOID Commission, the VOID Commission will be deducted against Your future earnings.
REVERSAL & COMMUNICATION POLICY
1Hour Break takes pride in its very low reversal rate, which we attribute to open communication with our affiliates. However, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions.
Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.
1. You are not forthcoming, intentionally vague or are found to be lying.
2. You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile.
3. You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.
If any of the above apply, then we reserve the absolute right to reverse orders, set your commission to 0% or suspend you from the program for the period or orders in question. We know that many violations are a result of automated processes; however it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to pro-actively address these issues and adhere to our program rules.
Affiliate accounts that are left inactive will be removed from our system if their balance is equal to or less than $50. If an abandoned affiliate account has a balance between $50 and $100, a $50 fee will be assessed once per calendar month, until the balance is equal to zero dollars - and is closed. At no time will you ever owe monies to us 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.
The relationship between 1Hour Break and Affiliate established by this Agreement is that of independent contractors. 1Hour Break and Affiliate shall each conduct its respective business at its own initiative, responsibility and expense, and shall have no authority to incur any obligations on behalf of the other, except as otherwise provided here. Term "Affiliate" shall not be interpreted as a legal partner or affiliate, simply as an independent contractor for 1Hour Break under this agreement.
LIMITATION OF LIABILITY AND DAMAGES
We will make reasonable commercial efforts to keep our transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. You understand and acknowledge that it is normal to have a certain amount of system downtime and further agree not to hold us liable for any of the consequences of such interruptions.
1Hour Break shall not be liable 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. 1Hour Break shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or program, even if 1Hour Break has been advised of the possibility of such damages. Any liability of 1Hour Break hereunder arising under or with respect to this agreement or the program shall in no event exceed the total commissions paid or payable by 1Hour Break under this agreement.
FTC DISCLOSURE REQUIREMENTS
You shall include a disclosure statement within any and all pages/posts where affiliate links for our affiliate program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement.
You may be awarded bonus compensation when the duration of your affiliate term has ended. We will review the results of your work performed based on the objectives set during your application process. If we deem the results of your work to be satisfactory you will be awarded a bonus dollar amount of $400. We reserve the right to reject any claim to this bonus, however we encourage you to contact us if you feel we have made an incorrect decision.