(MT) AFFILIATE PROGRAM SPECIAL TERMS AND CONDITIONS
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- Media Temple ("Company”), operates the www.mediatemple.net Web site. As part of its Web site, Media Temple offers the Media Temple Affiliate Program (the "Program"), through which approved Publishers providing marketing services through owned or third party websites, subscription services, promotional services, and/or syndicated services are granted a limited, non-exclusive right to: (i) advertise and promote Media Temple goods and services and the Media Temple web site in a manner in compliance with this Agreement (defined below) and the Publisher Service Agreement between Publisher and Commission Junction LLC. (“CJ”); (ii) post or circulate an approved graphical or textual internet hyper-link (the “Link”) to the Media Temple web site; and (iii) direct visitors to the web site (the specific URL) designated by Media Temple (the “Destination Site”). Media Temple and Publishers are parties to agreements with CJ and are participants in the CJ Network (the “CJ Program”). This Agreement provides terms and conditions applicable to Your membership in the Program that are in addition to any terms and conditions that You have agreed to pursuant to Your Publisher Service Agreement with CJ (“PSA”). Capitalized terms used in this Agreement not otherwise defined herein shall have the same meaning as defined in the PSA, or if not defined in the PSA, as reasonably understood by the nature and context in the PSA and this Agreement. Nothing contained within this Agreement may conflict with the terms and conditions in the PSA; in the case of such conflict, the PSA shall control.
- Publishers are offered the opportunity to earn a commission for referring visitors to the Media Temple web site who complete the Transaction required under the Program on the Media Temple’s Destination Site. The commission rate will be set forth within the CJ Program Term for Media Temple and may be changed from time to time by Media Temple with seven (7) days written notice through the Network Service (via the “Replace” option) with effect from the 8th day (or such later date as specified by Media Temple). Payment of commissions earned by Publisher for valid Media Temple transactions shall be made by Media Temple through CJ in accordance with the terms of the CJ Program.
- Valid Media Temple Transactions are defined as successful purchase transactions of qualified products taking place in the Media Temple shopping cart.
- Publisher is eligible for commissions on the initial purchase of services only, any additional or subsequent purchases, including the customer’s addition of accounts or upgrades are not eligible. Renewals of existing services are not eligible for commissions.
- New customer transactions will be tracked separately from returning customer transactions and will be paid according to the commission amounts listed in the Program Terms.
- Services must remain open and paid for a period of 45 days in order to be eligible for commissions.
- Publishers are not eligible for commissions on Virb, Nitro, Helix services, Booster Pack, Security Pack, TrueSpeed CDN, CloudTech On Demand, Site Mover, Dedicated Hosting, and Enterprise Solutions.
- Participation in the Program is subject to Media Temple’s approval. Prospective Publishers must first submit an application to Media Temple through CJ in order to become an approved Publisher eligible to post Links to the Media Temple Web site and earn commissions. After the application has been submitted, Media Temple will have the option of approving or declining the application for any reason or no reason.
- If approved, the Publisher/You will have already acknowledged acceptance of this Agreement by having clicked through the “Join Program” (or otherwise named by CJ) button, having checked the box stating “Yes, I have read and accepted the following terms and conditions” (or as otherwise described by CJ) and having clicked the button to continue, thereby assenting to the Special Terms and Conditions of the Program between Media Temple and Publisher (also referred to as this “Agreement”). This Agreement shall apply only to approved Publishers who accept the Special Terms and Conditions of the Program and only Publishers who accept this Agreement may participate in the Program.
- Other than for the payment of commissions, Publisher shall have no claims to any additional compensation, commissions or business derived by or through a Destination Site.
- Participation in the Program does not constitute an employment, broker or agency relationship between Publisher and Media Temple nor does it create any partnership, joint venture, franchise, or sales representative relationship between the parties.
3. Advertising Requirements and Exclusions
- You agree to use only the Media Temple-approved banners and ad text found within the Program. You will not alter or revise Media Temple's creatives, content or Links without prior approval. Publishers must obtain express written authorization from Media Temple regarding the use of any custom creatives or use of any Media Temple intellectual property.
- You agree to only use coupon codes that are specifically supplied to You through the Program. Any and all commissions earned on sales in violation of the above coupon code policy, will be reversed. Media Temple does not pay commissions on purchases made by customer with the following coupon codes: a coupon code not supplied through Program, a coupon code from an internal Media Temple or private discount code, a coupon code supplied in Media Temple customer emails, and any coupon that states on its landing page that it is "not compatible with the affiliate program".
- You agree to assume all responsibility for, and risk associated with, all content you submit, transmit, email, upload, link to, display, disseminate, facilitate access to or otherwise make available in connection with your participation in the Program. This includes any reliance on the accuracy, completeness, truthfulness, appropriateness, legality or usefulness of such content. You warrant and represent that you possess all legal right to, or have obtained all necessary permissions to use any and all content you make available or use in connection with your participation in the Program.
- You agree that the use of “cookie stuffing” techniques that set the CJ tracking cookie without the user actually clicking on the affiliate link (e.g. a 1x1 pixel iframe) is strictly prohibited.
- You agree not to refer visitors or complete Transactions through illegal or fraudulent means, including, without limitation: (i) domain speculation; (ii) email, forum, blog or social media SPAM; (iii) forced iframes; (iv) through CPC ads using the Media Temple marks or in any way exploiting the Media Temple brand name; or (v) through any other means which Media Temple determine, in their sole discretion, is questionable;
- You agree that Your web site shall not in any way copy or resemble the look and feel of Media Temple's web site, and You shall not create the impression that Your site is a part of Media Temple’s sites. You shall not use Media Temple's trademarks, or any variation or misspellings thereof, in Your URL, company name, business name or site name. You shall not frame or permit the framing of any page of Media Temple's network.
- You may not use any mark of Media Temple or any variation thereof, in any manner not expressly authorized by this Agreement. In particular, You may not use any mark of Media Temple, or any variation thereof, directly or indirectly in (a) metatags, (b) in hidden text, page titles or source code, (c) in Your domain or sub-domain, and/or (d) any other manner. You may not engineer Your site in such a manner that pulls Internet traffic away from Media Temple’s website. You agree to not utilize, advertise or otherwise promote, any mark of Media Temple in the headline or description copy associated with pay-for-placement search engines or paid search engine advertising. Unless You have explicit, written approval from Media Temple, You may not bid on any mark of Media Temple (including trademark+), on any pay-for-placement search engines. If Media Temple determines, in its sole discretion that You have violated any of the foregoing prohibitions, Media Temple may seek any and all remedies available to it, including, among other things, the immediate termination of this Agreement and/or the commencement of an action by Media Temple against You seeking, without limitation, injunctive relief and/or recovery of actual, statutory and/or punitive damages. Further, You acknowledge and agree that You shall have no right to receive any commissions on any sales You generate or assist in generating during any times when You are in violation of this Agreement or other policies of Media Temple.
- Publishers are required to comply with all Federal Trade Affiliate Commissions regulations related to advertising, including, without limitation, Federal Trade Affiliate Commission 16 CFR 255, which, in part, requires that material connections between advertisers and endorsers be disclosed. Essentially, directories, blogs and other websites, email or other collateral that purport to provide an endorsement or assessment of Media Temple must prominently disclose the fact financial or in-kind compensation is provided from the advertiser. If you want more information, please visit the FTC’s website (https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking). Please note that the FTC guides and this summary of such information do not constitute legal advice. You should obtain legal advice on how the FTC guides apply to you.
- Additionally, You agree to abide by all Policies as specified in the Media Temple Program Terms.
4. Term and Termination
- The term of this Agreement shall be continuous, unless and until either party properly terminates this Agreement and the relationship, in accordance with the following: (i) Media Temple shall provide Publisher with seven (7) days written notice via the Network Service (via the “Expire” option), except as provided for in Section 4(B) below; or (ii) Publisher shall use the automated system within the Network Service to expire the affiliation and Publisher shall comply with Sections 4(D)(v) and 4(D)(vi) below.
- This Agreement may be terminated immediately by CJ in the event that Publisher: (i) violates the PSA; or (ii) violates this Agreement.
- Upon any termination of this Agreement, Media Temple and Publisher will be released from all obligations and liabilities to the other party occurring or arising after the date of such termination or the transactions contemplated hereby, except with respect to those obligations which by their nature are designed to survive termination or as provided herein, provided that no such termination will relieve Publisher from any liability arising from any breach of this Agreement occurring prior to termination.
- Upon termination of this Agreement, (i) Media Temple’s acceptance of additional referrals obtained through Publisher shall not constitute a continuation or renewal of this Agreement or a waiver of such termination, (ii) Publisher shall be entitled only to those unpaid commissions, if valid, earned by Publisher on or prior to the date of termination, (iii) Publisher shall in no event be entitled to commissions with respect to any amount of valid referrals delivered after the date of termination, (iv) all rights and licensees of Publisher hereunder shall immediately terminate, (v) Publisher shall cease all uses of any trade names, trademarks, service marks, logos and other designations of Media Temple or the Program, and (vi) Publisher shall remove all Media Temple links.
5. Additional Terms
- The provisions of this Agreement are severable. If any provision of this Agreement, or the application thereof to any person or circumstance shall be deemed invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect the other provisions of this Agreement that can be given effect.
- No delay or failure by Media Temple in exercising any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right.
- The rights and remedies of Media Temple are not mutually exclusive; that is, the exercise of one or more of the provisions hereof shall not preclude the exercise of any other provision hereof.
- This Agreement shall be deemed a mutual agreement and shall not be construed and/or interpreted in favor or against either party on the basis of preparation of the Agreement.
- By applying to the Program through the Network Service, and by clicking–through the “Join Program” (or otherwise named by CJ) button and clicking to continue after checking the box acknowledging Your reading of this Agreement, You execute, accept, enter into, and become a party to this Agreement, effective on the date of such acceptance to this Agreement.
- Media Temple reserves the right to modify the terms and conditions of this Agreement in its sole discretion upon seven (7) days written notice through the Network Service (via the “Replace” option) with effect from the 8th day (or such later date as specified by Media Temple) to Publisher. If any modification is unacceptable to Publisher, Publisher’s sole recourse is to terminate this Agreement by expiring the relationship and/or rejecting the new Program Term offered. Publisher’s continued participation in the Program by accepting the newly offered Program Term with new terms and conditions for this Agreement constitutes Publisher’s binding acceptance to the change.
- This Agreement shall be governed by the laws of the State of California, USA, except for its conflict of law provisions. The exclusive forum for any actions related to this Agreement shall be in the state courts in Los Angeles County, California and, to the extent that federal courts have exclusive jurisdiction, in Los Angeles County, California. Publisher consents to such venue and jurisdiction.
- Official notices to Media Temple should be sent to:
GoDaddy Media Temple Inc.
14455 North Hayden Road Suite 100
Scottsdale, AZ 85260
BY APPLYING FOR THE MEDIA TEMPLE AFFILIATE PROGRAM AND CLICKING ON THE ACCEPTANCE BUTTON, YOU ARE SIGNIFYING YOUR AGREEMENT TO BE PRESENTLY BOUND BY THE TERMS OF THIS AGREEMENT TO THE SAME EXTENT AS IF YOU HAD PERSONALLY SIGNED THIS AGREEMENT.