Pom Maker Affiliate Program Terms of Agreement
We look to work with our affiliate partners with mutual respect and support for each other.
Before proceeding with participating in our program, please bear with us as we take you through this legal formality.
As an authorized affiliate of Pom Maker, you agree to abide by the terms and conditions contained in this Agreement. Please read carefully before registering and promoting Pom Maker as an Affiliate.
By joining our Affiliate Program, you indicate you have read and understood the terms of this Agreement and that you agree to be legally responsible for the terms in this agreement.
1. Introduction
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in pommaker.com’s Affiliate Program. Please note that throughout this Agreement, “we,” “us,” and “our” refer to pommaker.com, and “you,” “your,” and “yours” refer to the affiliate.
2. Approval or Rejection of the Application and the Affiliate Account
We reserve the right to approve or reject any Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
3. Commissions & Payments
Commissions will be paid once a month to a chosen payment method by an affiliate. Pom Maker offers to make payments via Paypal or Credit Card. The affiliate must provide an accurate and active payment method to receive the commissions.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
You cannot refer yourself, and you will not receive a commission on your own accounts.
The rate of the commission is determined by Pom Maker and offered at different rates based on the activity of the affiliate. Pom Maker reserves the right to change the rate of the commission at any time in the future. In such case a written notice prior to the change will be sent to the affiliates via email. If any modification is unacceptable to you, your only option is to terminate your affiliate account and end this Agreement.
The rate of the commission is based on the final order items total, excluding shipping costs, sales tax or any discount applied to the sale.
The commission will be applied once per referral. If someone makes multiple orders within 45 days of the cookie period, you will receive a commission on the first order only.
4. Affiliates Obligations
4.1. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Merchant.com or any other affiliated business.
4.2. As a member of Pom Maker’s Affiliate Program, you will have access to Affiliate Account dashboard where you will be able to review your unique affiliate link and banner creatives. In order for us to accurately keep track of all clicks from your site to ours, you must use the correct html code dedicated to your account that we provide for each banner, text link, or other link we provide you with.
4.3. Pom Maker reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
4.4. The maintenance and the updating of your site will be your responsibility. 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.
4.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
5. Pom Maker Rights & Obligations
5.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement.
Your affiliate account may be suspended or terminated for any of the following reasons:
5.1.1. Inappropriate advertisements (false claims, misleading hyperlinks, etc.)
5.1.2. Spamming
5.1.3. Advertising on sites containing or promoting illegal activities
5.1.3. Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws
5.1.4. Violation of intellectual property rights.
5.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
5.1.6. Self referrals, fraudulent transactions, suspected Affiliate fraud
5.1.7. Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive
5.2. Pom Maker shall not be liable to you for any commissions for fraudulent sales.
6. Termination
Pom Maker reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
The affiliate may terminate his/her affiliate account at any time, with or without cause. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
7. Modification
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures, commission rates and Pom Maker’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to terminate your affiliate account and end this Agreement. Your continued participation in Pom Maker’s Affiliate Program following the change notice will indicate your agreement to the changes.
8. Liability
Pom Maker will make best effort for maintaining the site and its affiliate program. However Pom Maker will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of the temporary failure of the site and its program.
We make no claim that the operation of the Program and our site will be error-free and we will not be liable for any interruptions or errors.
