This Empirely Affiliate Agreement constitutes a legally binding agreement between Empirely and you ("You" or "Your"). BY CHECKING THE BOX STATING THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AS PART OF YOUR REGISTRATION WITH EMPIRELY, YOU AGREE AND CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING ANY CHANGES TO THIS AGREEMENT OR ADDITIONAL POLICIES INCORPORATED BY REFERENCE WHICH EMPIRELY MAY MAKE IN ITS SOLE DISCRETION IN THE FUTURE, FOR AS LONG AS YOU USE THE EMPIRELY SERVICES.
BY USING THE EMPIRELY PLATFORM AS AN AFFILIATE, YOU (A) AGREE THAT THIS AGREEMENT GOVERNS YOUR USE AND PROMOTION OF ANY GOODS AND SERVICES ON THE EMPIRELY PLATFORM, (B) REPRESENT AND WARRANT THAT YOU (I) ARE AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY; (II) YOU HAVE READ THESE TERMS IN THEIR ENTIRETY; (III) AGREE TO BE BOUND BY ALL OF THE TERMS AND BE HELD LIABLE FOR ANY NONCOMPLIANCE WITH THE TERMS; AND (IV) YOU HAVE THE CAPACITY TO ENTER INTO THESE TERMS AND BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS OR ARE UNABLE TO COMMIT TO THE FOREGOING, DO NOT ACCESS OR USE THE EMPIRELY PLATFORM.
1. Affiliate Account Registration
a. You will be required to register for an affiliate account to promote products listed on Empirely. When you provide information during the registration process, you agree to provide only true, accurate, current, and complete information and to update it as necessary to maintain its truth and accuracy.
b. If you register for an Empirely account, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer, or assign your account and any rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password-protected portion of the Empirely Services using your account information in whole or in part.
2. Promoting Products
You agree to the following when promoting products on the Empirely platform:
a. You will use the trademarks, logos, trade names, or service marks of Empirely only as permitted by Empirely, or according to any provided guidelines.
b. You will not engage in any unauthorized use of intellectual property or infringe on any patents, copyrights, trademarks, or other proprietary rights.
c. If you promote products subject to higher regulatory scrutiny, you agree to comply with any additional terms provided by Empirely.
d. You will not promote violence, sexually explicit content, illegal activities, or discriminatory content.
e. You will not promote products to children or minors where such promotion is prohibited or restricted under applicable laws or regulations.
f. You will not defame or disparage any person or entity.
g. You will not use Empirely’s intellectual property in any unauthorized manner, including domain names, usernames, or social media pages that imply a third-party endorsement.
h. You will comply with applicable laws, including the FTC's Endorsement Guidelines, and include all necessary disclosures and disclaimers in your promotions.
i. Empirely reserves the right to review, modify, or reject your promotional materials at any time.
3. Security and Accuracy of Account Information
a. Account Information Security: You are responsible for maintaining the confidentiality of your account information, including your login credentials and any sensitive personal information, such as bank details, payment methods, and contact information.
b. Accuracy of Bank Details: You are solely responsible for ensuring that the banking details provided in your affiliate account are accurate and up-to-date. If commissions are paid to an incorrect account due to inaccurate or outdated banking information provided by you, Empirely will not be held responsible, and you will not be entitled to any reimbursement.
c. Responsibility for Changes: If any of your account or banking details change, you are required to update your information promptly in the affiliate platform to avoid any payment issues. Empirely is not liable for any missed or misdirected payments caused by your failure to maintain correct and up-to-date details.
4. Availability of Services; Suspension; Termination
a. Empirely may, in its sole discretion, suspend or terminate your affiliate account at any time for any reason, including if Empirely suspects or has reason to believe that you have violated this agreement.
b. Empirely reserves the right to withhold commissions or funds in your account if misconduct is suspected.
c. In the event of suspension or termination, Empirely may retain funds as liquidated damages, and you acknowledge that such actions are not a penalty.
5. Prohibited Practices
a. Fraudulent Activities: You may not engage in activities such as generating fake traffic, using automated systems, or employing deceptive advertising methods. Violating this provision will result in immediate termination of your account and forfeiture of any commissions.
b. Misleading Claims: Affiliates may not make misleading or false claims about Empirely products or services. Deceptive advertising will lead to account termination and potential legal action.
6. Email Marketing, Telemarketing, and Other Advertising Methods
a. You agree to comply with all applicable federal and state laws, including the CAN-SPAM Act, COPPA, the Telephone Consumer Protection Act (TCPA), and any other relevant advertising regulations when engaging in email, text messaging, or telemarketing.
b. You may not exploit security holes, use spyware, or send spam or junk traffic. Empirely reserves the right to terminate your account for violating this policy.
7. Affiliate Conduct and Ethics
a. Respectful Conduct: Affiliates must maintain professionalism when promoting Empirely products. Any harmful behavior, including harassment or illegal activity, will lead to account termination.
b. Compliance with Local Laws: Affiliates are responsible for complying with all applicable laws, including advertising laws, data protection regulations, and consumer protection laws.
8. Tax Responsibilities
a. Affiliates are responsible for reporting and paying taxes on any commissions earned. Empirely will not withhold taxes, and affiliates should consult with a tax professional.
9. Intellectual Property Rights
a. Empirely grants Affiliates a limited, non-transferable, non-exclusive license to use Empirely’s intellectual property solely for the purpose of promoting Empirely products in accordance with this Agreement. Affiliates do not acquire any ownership rights in Empirely’s intellectual property. Any unauthorized use may result in termination of the Affiliate account.
b. Empirely retains all rights, title, and ownership of its intellectual property, including intellectual property related to the services, products, platform, branding, content, and materials offered or provided by Empirely.
10. Dispute Resolution and Governing Law
a. Arbitration: Any disputes shall be resolved through binding arbitration, and the affiliate agrees to submit to arbitration under the rules of a UK arbitration body.
b. Governing Law: This agreement will be governed by the laws of UK jurisdiction, without regard to conflict-of-law principles.
11. Indemnity
You agree to indemnify and hold harmless Empirely, its officers, employees, and affiliates from any claims, damages, or expenses (including attorney’s fees) arising out of your breach of this agreement, fraudulent activities, or violations of law.
12. Additional Terms
a. No Negative Words in Marketing: Affiliates are prohibited from using negative words or terms in their marketing campaigns. Violating this rule will result in termination.
b. Use of Brand Name: Affiliates may not create social media pages, websites, domains, or other online properties that use Empirely’s name or product brand names in a way that could imply they are official Empirely properties or otherwise cause customer confusion. Violations may result in termination of the Affiliate account.
c. Refund Practices: Affiliates must not encourage customers to refund purchases from other affiliates to buy through them. This will result in account termination.
d. Affiliate Links: We recommend cloaking your affiliate links in autoresponders and on social media.
13. Affiliate Commission Terms & Conditions
Empirely may offer Affiliates the ability to promote multiple products, services, programs, memberships, software tools, digital products, events, or other offerings (collectively, “Products”). Each Product may have its own commission structure, payout rules, qualification requirements, and additional terms and conditions, which will be communicated to Affiliates through the applicable affiliate program, platform, or other official Empirely communication.
By participating in the promotion of any Product, you agree to the specific commission terms and requirements applicable to that Product, in addition to these Affiliate Terms.
Empirely reserves the right to introduce, modify, suspend, or discontinue Products and their related affiliate commission structures at any time, subject to applicable law and any applicable contractual obligations.
Additional Products and corresponding affiliate commission terms may be introduced in the future and will become applicable when communicated or made available to Affiliates.
By agreeing to this Agreement, you confirm that you understand and accept the terms outlined above and agree to comply with the rules, requirements, and applicable terms established by Empirely.