Affiliate Program Terms & Conditions
As an authorized affiliate (Affiliate) of Maylyn & Co Inc. (Maylyn & Co.) you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting Maylyn & Co. as an Affiliate.
By signing up for the Maylyn & Co. Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
Throughout the following document, the following definitions will apply.
Maylyn & Co., “we”, “us”, “our” refers to Maylyn & Co. Inc., and its applicable subsidiaries, which is the designated operator of this affiliate program, whose terms and conditions are set out herein.
Maylyn & Co. Affiliate Program (“Affiliate Program”) refers to the affiliate program operated by Maylyn & Co.
Affiliate, “you”, “your”, “yours” means the legal entity agreeing to participate in the Program, and who will legally be bound by the terms and conditions herein
Affiliate Agreement refers to these Terms and Conditions of the Affiliate Program.
Maylyn & Co. Website(s) refer to maylynandco.com or any of its subdomains.
Affiliate Dashboard refers to the online location (affiliates-maylynandco.goaffpro.com) through which the Affiliate can manage the Affiliate Program and accept these Terms and Conditions.
User refers to the Affiliate website visitor who may or may not click an Affiliate link and be directed to the Maylyn & Co. Website to purchase products from Maylyn & Co.
Commission refers to the amount earned from successful purchases on the Maylyn & Co. Website through referral by Affiliate.
Abandoned Affiliate Account means any Affiliate account whose Affiliate Dashboard has not been logged into for a period of 3 months and/or has no transactions posted during a period of three months.
These are the complete list of Terms and Conditions for the Affiliate Program. The purpose of enrolling in the Affiliate Program is to allow you to make affiliate commissions for the sales of originating from your promotional activities in the manner set forth herein.
- Affiliate Obligations and Rules
2.1 To enroll in our Affiliate Program, you must:
- be at the age of majority in your jurisdiction or the age of 18 whichever is greater;
- have the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth herein;
- complete and submit the online application through the Affiliate Dashboard;
- be enrolled or accepted by Maylyn & Co. into the Affiliate Program.
2.2 Maylyn & Co. may choose at their discretion to auto-approve your application. This does not imply that we will not re-evaluate your application at a later time. We reserve the right to reject your application at any point in time, at our sole discretion. This is especially true if the Affiliate’s website or promotional materials breach any of the points set out in 2.4
2.3 In the event that Affiliate materially breaches this Agreement and Maylyn & Co. terminates this Agreement any accrued and payable Commissions owing to Affiliate shall be forfeited, and Maylyn & Co. shall not be obligated to pay such Commissions to Affiliate.
2.4 Affiliate agrees that Affiliate’s website, service or correspondence does not contain any materials that in Maylyn & Co’s sole discretion are considered to:
- Promote adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual, or provocative images in violation of legislation in your local jurisdiction;
- Includes violent, obscene, defamatory, libelous, slanderous and/or unlawful content;
- Promote hate speech, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group;
- Incorporate any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
- Includes “Maylyn & Co.” or variations or misspellings thereof in its domain name and as keywords in PPC campaigns
- Promote politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities;
- Promote gambling, including without limitation, any online casino, sports books, bingo, or poker;
- Contain software downloads that potentially enable diversions of commission from other affiliates in our program;
- Make representations through code, designs, imagery, video, text or otherwise that makes your website resemble the Maylyn & Co. Website in a manner which leads customers to believe you are the Maylyn & Co. Website, business or a legal representative of Maylyn & Co. in any way.
- Offer rebates, coupons, or other form of promised kickbacks from your Commission as an incentive.
- Generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Affiliate Program links must direct users to the Maylyn & Co. Website
2.4.1 User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to the Maylyn & Co. website” is NOT allowed).
2.4.2 Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the Maylyn & Co. Website or sets a cookie. Affiliates with such text will be removed from the program immediately.
2.4.3 Affiliates may not bid on or use phrases, such as Maylyn & Co. Coupon(s), Maylyn & Co. Discount(s) or other phrases implying coupons are available. Any misspellings of our brand name in combination with coupon/deal/savings or any synonyms or similar alterations of these words are also strictly prohibited.
2.4.4 Affiliates may not use misleading text on affiliate links, buttons or images to advertise anything besides currently authorized deals to the specific affiliate. The commercial purpose of the Affiliate’s marketing efforts must be clearly identifiable. The Affiliate shall not disguise its affiliate marketing efforts as consumer recommendations or as similar non-commercial messages.
2.5. As a member of the Affiliate Program, you will be granted access to the Affiliate Dashboard. Here you will have an option to review the details of our Affiliate Program including our promotional materials, such as affiliate links to web pages within the Maylyn & Co. Website and banner creatives. You will be free to browse and get tracking codes for our deals if and when they are available. In order for us to accurately keep track of all guest visits from your site to the Maylyn & Co. Website, you must use the affiliate link that we provide for each banner, text link, HTML code or any other promotional material listed.
2.6. Maylyn & Co. reserves the right, at any time, to review your link placement and either approve or disapprove the use of your affiliate links and require that you change the placement of links or ask you to comply with these guidelines.
2.7. The Affiliate is solely responsible for the maintenance and information updates on your site. For example if Maylyn & Co’s pricing policy changes, it will be up to the Affiliate to update this information. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.8. It is your sole responsibility to follow all applicable laws, regulations, government decrees, authorities’ decisions and the like relating to:
1) protection of intellectual property;
2) marketing of goods and services;
3) unfair business practices; and
4) any other similar field of regulation
that pertain to your website or any promotional materials on your website. If you violate any such rules of law or any third party presents any allegations or claims that pertain to information you place on your website and promotional materials you use, you will indemnify and hold Maylyn & Co. harmless for any and all costs arising out of any such violations, allegations or claims.
2.9 As an affiliate, you can only create and use one (1) account. You can list multiple domains within one account, but only one account is allowed.
2.10 Self-referrals for affiliate purchases are strictly prohibited. This means that you cannot refer yourself, or the company you work for by using your affiliate link. You will not receive a Commission on any purchases by yourself for your own use, or the company you work for.
2.11. We reserve the right to remove Abandoned Affiliate Accounts from our system if their balance is equal to or less than $50 after a three month period of inactivity. In this case any accumulated commissions below $50 (minimum payout threshold) will be forfeited.
3. Maylyn & Co. Rights and Obligations
3.1. We reserve the right to monitor your site at any time to determine whether you are following these Terms and Conditions. We may inform you of any changes to your site that we feel you should make, or to ensure that your affiliate links to the Maylyn & Co. Website are placed appropriately and to notify you of any other changes that we feel should be made. Failure to make the changes to your site that we feel are necessary within reasonable time (no longer than 30 days) constitutes a material breach of this Affiliate Agreement.
3.2. Maylyn & Co. reserves the right to terminate your participation in the Affiliate Program immediately and without prior notice to you if you commit fraud or abuse this Affiliate Program in any way (including material breaches of section 2.4 of this Affiliate Agreement). If such fraud or abuse is detected, Maylyn & Co. shall not be liable to you for any Commissions for any fraudulent sales/sales based on abuse.
3.3. These Terms and Conditions will begin to apply to you upon our acceptance of your Affiliate application, and their application will continue indefinitely unless terminated hereunder.
4.1 Either the Affiliate or Maylyn & Co. may end this Affiliate Agreement at any time, with or without cause, by giving the other party written notice. Written notice can be sent by email to either party, or through any appropriate mechanism in the Affiliate Dashboard.
4.2 If the Affiliate Agreement is terminated by either party in accordance with section 4.1, 3.2 or 4.3, Maylyn & Co. shall not be liable to pay any Commission to you after the termination of the Affiliate Agreement.
4.3 This Affiliate Agreement will terminate immediately without notice upon any material breach of the Terms and Conditions by the Affiliate.
We may modify, add or remove any of these Terms and Conditions at any point in time. In such event, you will need to comply with a revised version of these Terms and Conditions when prompted to do so in the Affiliate Dashboard. If any modification is unacceptable to you, your only option is to end your association with the Affiliate Program by closing your account.
Continued participation in the Affiliate Program will indicate your agreement to the changes and your adherence to any modified Terms and Conditions.
6. Commission Payment
6.1. Commissions are earned from authorized referrals that generate purchases via your affiliate links.
6.2. Commission amounts per product sold may be changed by Maylyn & Co. at any time. This information is available to you in the Affiliate Dashboard. You are solely responsible for determining if the Commission amount for an affiliate link you have placed on your website has changed or been discontinued.
6.3. Accrued commissions will be paid 30 days following the transaction that generated the commission. No commission payment shall be made unless the total accrued unpaid commissions exceed the minimum threshold of $50. The commission due are calculated in accordance with the statistics and balance that are collected, calculated and displayed on the Affiliate Dashboard. The only valid statistics used for determining Commissions will be those displayed in the Affiliate Dashboard.
6.4. Affiliate is responsible for any and all charges, fees, taxes, exchange rates, surcharges and other expenses arising out of the Affiliate relationship with Maylyn & Co. including those incurred in order to receive affiliate payments.
6.5. The only available payout option is Paypal.
6.6. Payments will only be sent for affiliate purchases that have been successfully completed. Transactions that result in chargebacks or refunds will be void.
Advertising commonly known as “spamming” is inappropriate and unacceptable to us and constitutes a material breach of this Affiliate Agreement. Other prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. Additionally, you may not advertise in any way that effectively hides or misrepresents your own identity, your domain name, or your email address. You may use emails or other messages to customers to promote Maylyn & Co’s products if the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings and such emails or other messages are otherwise sent in compliance with the laws applicable to them.
7.1. All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Affiliate Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
8.1. You certify that you are an independent contractor, and as such, nothing in this Affiliate Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Maylyn & Co. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website or any other website or otherwise, that reasonably would contradict anything in this Section.
8.2 The parties note that the Affiliate is free to determine the essential means of processing personal data relating to its affiliate marketing activities. For instance, whether or not the Affiliate targets any identified or identifiable natural persons as a part of its marketing efforts, or otherwise processes personal data for affiliate marketing purposes, is solely determined by the Affiliate. As a consequence, the Affiliate serves as a data controller with regard to any personal data processed by it for the purpose of the conclusion and performance of this Affiliate Agreement.
The Affiliate undertakes to process personal data only in accordance with the applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) (EU) 2016/679. Any material breach by the Affiliate of the applicable data protection laws is considered as a material breach of this Affiliate Agreement.
8.3. Neither party may assign its rights or obligations under this Affiliate Agreement to any third party, except to a party who obtains all or substantially all of the business or assets of a party to this Affiliate Agreement.
8.4. This Affiliate Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
8.5. The headings and titles that are contained in this Affiliate Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Affiliate Agreement.8.6. The Affiliate Agreement is an electronic contract that sets out the legally binding terms of your participation in the Maylyn & Co. affiliate program. You indicate your acceptance of this Affiliate Agreement and all of the terms and conditions contained or referenced in this Affiliate Agreement by completing the Affiliate Program application/signup process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature