Affiliate Policy Agreement
Welcome to the Mojo Global Affiliate Agreement ("Agreement"). This Agreement sets forth the terms and conditions under which Mojo Video Marketing, LLC (“Mojo Video Marketing”) makes the Mojo Global Affiliate ProgramTM ("Affiliate Program") available to you. By becoming a Mojo Global Affiliate and using the Affiliate Program you expressly agree to be bound by and follow all terms and conditions set forth in this Agreement. If you do not agree to be bound by this Agreement, your sole recourse is not to participate in the Affiliate Program.
Mojo Global reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Mojo Video Marketing Web Site. In the event of substantive changes to the terms of this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is to terminate this Agreement and your participation in the Affiliate Program. Your continued participation in the Affiliate Program following posting of a change notice or new agreement on the Mojo Video Marketing Web Site will constitute binding acceptance of the changes.
1 General Rules
1.1 The Mojo Global Terms of Service and the Mojo Global Privacy Policy are incorporated herein by this reference. As an Affiliate you will continue to be bound by the Mojo Global Terms of Service and the Mojo Global Privacy Policy. For purposes of clarity, the Affiliate Program is deemed part of the " Mojo Global Services," and all initially-capitalized terms not defined in this Agreement shall have the meaning set forth for such term in the Terms of Service and/or the Privacy Policy. In the event of an inconsistency between this Agreement and the Mojo Global Terms of Service this Agreement shall control.
1.2 Anti-spam and general coolness policy
* Under no circumstances use SPAM techniques to promote this product.
* Absolutely NO EMAIL SPAM - emails lists MUST be Opt-in - no exceptions.
* Absolutely NO Twitter Spam - use BEST PRACTICES when using twitter to promote
* Absolutely NO Facebook Spam - same goes here. In Fact, NO SPAM AT ALL in any Social Media, Social Networking, or Social Bookmarking Sites.
* You will include Affiliate Disclaimers, as per the FTC Advertising Guidelines
* Do not send JUNK, or UNQUALIFIED TRAFFIC to the marketing content or Mojo Global offer. (i.e., if they can't afford the offer, don't shove it down their throats)
* Be transparent and authentic - We will treat your visitors with massive respect and give them value during this campaign.
* Keep ALL internal promotional information confidential - if you leak info, you're OUT.
2 Becoming a Mojo Video Marketing Affiliate
2.1 Eligibility. Mojo Video Marketing will only knowingly provide the Affiliate Program to parties that can lawfully enter into and form contracts under applicable law.
2.2 Opening an Account. To become an Affiliate and have the right to participate in the Affiliate Program, you must enroll in the Affiliate Program by opening an Affiliate account ("Account") with Mojo Global through its online registration process.
2.3 Contact Information. You must provide Mojo Global with accurate and complete contact and payment information when you open an Account. You must immediately notify Mojo Global if any of your contact or payment information changes. If you do not provide Mojo Global with complete, accurate, and updated contact information, you may not be eligible to receive commissions based on your participation in the Affiliate Program.
2.4 Account Security. You will be assigned a password if you open an Account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Account, including, without limitation, any use by any third party. You must notify Mojo Global immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify Mojo Global immediately if you become aware of any other breach or attempted breach of the security of your Account or the Mojo Global Service. You can change your password at any time from inside your Account.
3 Your Obligations
3.1 You must use the Affiliate Program in a manner that demonstrates common sense and respect for the rights of Mojo Global and third parties. You must comply with all of the guidelines set forth in this document.
3.2 Special Links. As a member of the Affiliate Program, Mojo Global will provide you with special "tagged" link formats ("Special Link(s)") to be used in linking to the Mojo Global Web Site. The Special Links will permit tracking, reporting, and commission calculations. You must ensure that each of these links properly utilize the Special Link formats. You will only earn commissions on activities occurring on the Mojo Global Web Site if such activity was originated from properly formatted Special Links. Mojo Video Marketing will not be liable to you for any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts, which may otherwise be paid to you pursuant to this Agreement.
3.3 Use of Special Links. Mojo Video Marketing will provide you with the Special Links and graphical artwork to use in linking to the Mojo Global Web Site. You must use the Special Links in accordance with the terms and conditions in this Agreement and the Affiliate Guidelines.
4 Customers Purchasing Via the Affiliate Program.
4.1 Order Processing and Reporting. Mojo Global will process all product orders placed by customers who follow Special Links to the Mojo Global Web Site ("Customers"). Mojo Global reserves the right to reject orders that do not comply with any requirements that Mojo Global has and may periodically establish. Mojo Global will be responsible for all aspects of order processing and fulfillment. Among other things, Mojo Video Marketing will prepare order forms, process payments and handle customer service. Mojo Global will track sales made to Customers who purchase products using Special Links from your website to the Mojo Global Web Site and will make available to you reports summarizing sales activity. Mojo Global will use commercially reasonable efforts to present accurate information in the reports, but Mojo Global cannot guarantee the accuracy of the reports.
4.2 Customers. Customers who buy products through the Affiliate Program will be deemed to be customers of Mojo Global. Accordingly, all of the Mojo Global rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those Customers. Mojo Global may change the Mojo Global policies and operating procedures at any time. Product prices and availability may vary from time to time, and such price changes may affect products that you already have listed on your website. Mojo Global will use commercially reasonable efforts to present accurate information, but Mojo Global cannot guarantee the availability or price of any particular product.
4.3 You are not eligible for any commissions for purchasing Mojo Video Marketing through your own Special Link.
5 Affiliate Commissions and Reporting.
5.1 Affiliate Commissions. Mojo Video Marketing will pay you commissions in accordance with this Agreement and the Affiliate Commission Schedule ("Commissions"). The Affiliate Commission Schedule is incorporated herein by this reference. Mojo Video Marketing Affiliates can earn commissions on the following types of transactions:
5.2 Mojo Global will pay you a commission on qualifying sales originating from Special Links on your website or web space in accordance with the then current Affiliate Commission Schedule (link). These commissions are only payable after they are final and beyond any applicable refund period.
6 Payment of Commissions.
6.1 Tax Information. In order to receive your Commissions you must provide your taxpayer information to Mojo Video Marketing as required by the IRS. If Mojo Global does not have your current taxpayer information on file for a particular year, payments due to you under this Agreement will not be made until December 31st of such year, and all of such payments will be subject to a 30% backup withholding which will be submitted to the IRS.
6.2 Payment Terms. Mojo Video Marketing will pay you Commissions on a monthly basis. 31 days after the Guarantee period expires, payment will be issued via PayPal Mass Pay to the affiliate, less a 15% hold-back. Future payments will be made to affiliates every 30 days thereafter, starting on the 15th of every subsequent month. After 60 days, the hold-back will be released and paid to affiliates, less any charges against that account.
6.3 Processing Fees. If Mojo Video Marketing owes you accrued Commissions that are less than $50.00 for at least 365 days, then Mojo Global may send you payment of such accrued Commissions minus a $5 processing fee. If the amount of accrued Commissions is under $5 for at least 365 days, such amount will be used to cover Mojo Video Marketing's administrative costs and no payment will be made to you.
6.4 Charitable Contribution. Unless you and Mojo Global otherwise agree in writing, Mojo Video Marketing may remit any payment otherwise due to you as a contribution in your name to a 501(c)(3) charitable nonprofit organization of Mojo Global's choice (or any charity agreed upon in writing by you and Mojo Global) if: (i) you fail to provide Mojo Global with accurate and complete contact information, and (ii) the funds remain outstanding for more than 12 months. If Mojo Global makes such a contribution, its obligation to you shall be reduced by the amount of that contribution.
6.5 Termination Fees. If you or Mojo Global terminate your Account, and you have less than $50 in accrued but unpaid Commissions then outstanding, Mojo Global may charge you a $5 processing fee when sending you your final payment to cover its administrative costs.
7 Identifying Yourself As An Affiliate.
7.1 Mojo Global encourages (but does not require) you to include a Special Link on your website to the Mojo Global home page at
https://www. MojoGlobal.com.
7.2 All other Communications. You must always portray yourself as having an affiliate relationship with Mojo Global and never more than that.
8 Limited Licenses.
8.1 Mojo Global License to You of Logo and Links. Mojo Global grants you a limited nonexclusive, nontransferable, revocable right to use the graphic images and text provided to you by Mojo Global, for use on your website or web space, solely for the purpose of identifying your website or web space as an Affiliate Program participant and to assist in generating Commissions. In addition, Mojo Global grants you a limited, nontransferable, nonexclusive, worldwide right to reproduce and use all graphic images and other materials provided to you, solely for the purpose of creating Special Links connecting your website or web space to the Mojo Global Web Site and promoting the sale of products on the Mojo Global Web Site. Mojo Global may revoke your license at any time by giving you written notice. Mojo Video Marketing reserves all of its rights in the graphic images, text, any other images, Mojo Global trade names and trademarks, and all other intellectual property rights. Any and all rights in and to Mojo Global's intellectual property shall inure to the benefit of Mojo Global.
9 Indemnification.
9.1 As you are bound by the Terms of Service in using the Affiliate Program, you must indemnify, defend, and hold Mojo Global harmless for any claim arising out of, relating to, or connected with your alleged breach of the Terms of Service in using the Affiliate Program. You must also indemnify, defend, and hold Mojo Video Marketing harmless based on any claim alleging facts that, if true, would constitute a breach of this Agreement. You also agree that covered claims under this indemnity obligation shall include, without limitation
(a) any claim that Mojo Video Marketing's use of any images provided via your website or web space infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party; and/or
(b) any claim related to your website, including, without limitation, content therein not attributable to Mojo Global. Mojo Global may withhold any Commissions that it owes you if you have to indemnify Mojo Video Marketing.
10 Term and Termination.
10.1 Term. The term of this Agreement will begin upon Mojo Video Marketing's acceptance of your Affiliate Program application and will end when terminated by either party.
10.2 Mojo Global Termination. In its sole discretion, with or without notice to you, Mojo Global may terminate your participation in the Affiliate Program and terminate your Account. If Mojo Video Marketing determines, in its sole discretion, that you are abusing the system, the Mojo Global Service and/or the Mojo Global Affiliate Program, Mojo Global may (without limiting any other rights or remedies available to it) withdraw your participation and withhold any Commissions payable to you.
10.3 Your Termination. You may terminate your Account for any reason at any time by notifying Mojo Global by emailing support@MojoGlobal.com.
10.4 Effect of Termination. You can only earn Commissions during the term of the Agreement, and Commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. Mojo Global may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your website, all links to the Mojo Global website, product images from the Mojo Global database, all Mojo Video Marketing trademarks, trade dress, and logos, all Special Links, and all other materials provided by or on behalf of Mojo Global to you pursuant hereto or in connection with the Affiliate Program.