Can’t Forget Me, LLC Affiliate Program
BY SIGNING UP FOR THE CAN’T FORGET ME, LLC AFFILIATE PROGRAM (PROGRAM),YOU ARE HEREBY AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY BOUND AND RESPONSIBLE FOR ADHERING TO EACH AND EVERY TERM AND CONDITION SPECIFIED BELOW.
Terms and Conditions
(i) As an authorized affiliate (Affiliate) of Can’t Forget Me, LLC (cantforgetme.com), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting Can’t Forget Me products and/or services as an Affiliate.
(ii) Your participation in the Can’t Forget Me, LLC Affiliate Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to cantforgetme.com by your own website or personal referrals.
(i) This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in CAN’T FORGET ME, LLC Affiliate Program. The purpose of this Agreement is to allow HTML linking between your website and the CAN’T FORGET ME, LLC website. Please note that throughout this Agreement, "we,""us," refer to CAN’T FORGET ME, LLC, and "you," "your" and "yours" refer to the affiliate.
Approval or Rejection of the Application
(i) 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. To begin the enrollment process, you must complete and submit your Affiliate Program Application in its entirety through our website portal.
(i) We may decline or reject your application at our sole discretion. Furthermore, we may cancel your application and/or terminate your inclusion in our Affiliate Program if we determine that your site is unsuitable for our Program, for any reason or no reason whatsoever including if your site is deemed to possibly or actively be involved with any of the following:
(ii) Promotes sexually explicit materials; violence; illegal activities; discriminates on the basis of age; religion; race; sex, nationality; disability, sexual orientation; violence and/or illegal activities;
(iii) Incorporates any materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law
(iv) Includes CAN’T FORGET ME, LLC & or variations or misspellings thereof in its domain name
(v) Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable to us in our sole discretion.
(vi) Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
(vii) You may not create or design your website or any other website that you operate, explicitly or implied in a manner that resembles our website nor design your website in a manner that leads customers to believe you are CAN’T FORGET ME, LLC or any other affiliated business.
(viii) As a member of CAN’T FORGET ME, LLC Affiliate Program, you will be able to CAN’T FORGET ME, LLC website, banner creatives and browse and get tracking codes. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
(ix) CAN’T FORGET ME, LLC 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.
(x) 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.
(xi) 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 copy or content, 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.
(xii) In applicable countries we strongly advise affiliates to stay compliant with the Federal Trade Commission (FTC) guidelines on testimonials and endorsements. All endorsements, reviews, testimonials on CAN’T FORGET ME, LLC products and services, as well as relationships between other types of content websites (forums, blogs, microblogs, and other Social Media channels) and CAN’T FORGET ME, LLC must be clearly disclosed in a separate policy on the affiliate sites. FTC points out that "when there exists a connection between the endorser and the seller of the advertised product, it is imperative that such a connection is "fully disclosed." FTC deems the relationship in an endorser-sponsor light and believes that the end user has the right to understand that one exists. We share the underlying idea of this approach and strongly encourage our affiliates to adhere to the FTC's rules. We also reserve the right to terminate our relationship with any noncompliant affiliates.
CAN’T FORGET ME, LLC Rights and Obligations
(i) We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made or to make sure that your links to our website are appropriate and to notify you further of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the CAN’T FORGET ME, LLC Affiliate Program.
(ii) CAN’T FORGET ME, LLC reserves the right to terminate this Agreement and your participation in the CAN’T FORGET ME, LLC Affiliate Program immediately and without notice to you should you commit fraud in your use of the CAN’T FORGET ME, LLC Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, CAN’T FORGET ME, LLC shall not be liable to you for any commissions for such fraudulent sales.
(iii) This Agreement will begin upon our acceptance of your Affiliate application and will continue unless terminated hereunder.
(i) Your affiliate application and status in the Can’t Forget Me, LLC Affiliate Program may be suspended or terminated for any of the following reasons:
(ii) Inappropriate advertisements (false claims, misleading hyperlinks, etc.)
(iii) Spamming (mass email, mass newsgroup posting, etc.)
(iv) 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.
(v) Advertising on sites containing or promoting illegal activities.
(vi) Violation of intellectual property rights. Can’t Forget Me, LLC reserves the right to require license agreements from those who employ trademarks of Can’t Forget Me, LLC in order to protect our intellectual property rights.
(vii) Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with Can’t Forget Me, LLC products and/or services, however, is acceptable.
(viii) Self-referrals, fraudulent transactions, suspected Affiliate fraud.
(ix) In addition to the foregoing, Can’t Forget Me, LLC reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason at all, AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email, or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by the Affiliate.
(i) We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, you will be notified by email. Modifications may include, but are not limited to changes in the payment procedures and CAN’T FORGET ME, LLC Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in CAN’T FORGET ME, LLC Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
(i) CAN’T FORGET ME, LLC uses Refersion to handle all of the tracking and Affiliate commission payments. Affiliates are directed to review Refersion’s terms and conditions.
(ii) Can’t Forget Me, LLC Affiliate Program commissions are paid out (one time per qualifying subscriber referred and are not recurring) for each new customer that enrolls in one of Can’t Forget Me’s “Paid” subscription offerings AND maintains the “Paid” subscription enrollment for a minimum of three (3) consecutive months. As an affiliate partner, you can earn a commission for each “new” subscriber who signs up for a “Paid” subscription on the cantforgetme.com platform using your unique affiliate link.
(iii) Additional Terms: A referral (new customer) is defined to be a “Paid” account created within the Cantforgetme.com platform. Because we also offer a "Free" subscription option, if the referral subsequently subscribes to one of Cantforgetme.com’s “Paid” subscriptions within 30 days of the end of their “Free trial” period you will then receive credit for that referral.
Additional Affiliate Program Payment Conditions
(i) Affiliate Program Commission Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out or will be adjusted (offset) from any subsequent affiliate Program payments
Access to Affiliate Account Interface
(i) You will create a password so that you may access the Refersion secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you.
(i) You are free to promote your own websites, but naturally any promotion that mentions CAN’T FORGET ME, LLC could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by CAN’T FORGET ME, LLC. For example, advertising commonly referred to as "spamming"; is unacceptable to us and could cause damage to our name. Other generally 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.
(ii) In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote CAN’T FORGET ME, LLC so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote CAN’T FORGET ME, LLC so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your websites as independent from CAN’T FORGET ME, LLC. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the CAN’T FORGET ME, LLC Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
(iii) Affiliates that exclusively bid in their Pay-Per-Click campaigns on keywords such as CAN’T FORGET ME, LLC, https://www.CAN’T FORGET ME, LLC.net, and/or any misspellings or similar alterations of these—be it separately or in combination with other
keywords—and do not direct the traffic from such campaigns to their own website prior to redirecting it to ours, will be considered trademark violators and will be banned from CAN’T FORGET ME, LLC Affiliate Program. We will do everything possible to contact
the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice and on the first occurrence of such PPC bidding behavior.
(iv) Affiliates are not prohibited from keying in prospect's information into the lead form as long as the prospects; information is real and true and these are valid leads (i.e., sincerely interested in CAN’T FORGET ME, LLC service).
(v) Affiliate shall not transmit any so-called "interstitials," "Parasiteware™, "Parasitic Marketing," "Shopping Assistance Application," "Toolbar Installations and/or Add-ons, "Shopping Wallets, or deceptive pop-ups and/or pop-unders to consumers from the time the consumer clicks a qualifying link until such time as the consumer has fully exited CAN’T FORGET ME, LLC site (i.e., no page from our site or any CAN’T FORGET ME, LLC content or branding is visible on the end user's screen). As used herein "Parasiteware™" and "Parasitic Marketing" shall mean an application that (a) through
accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer-initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing pop ups, commission tracking cookies to be put in
place, or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of CAN’T FORGET ME, LLC site in IFrames, hidden links, and automatic pop ups that open CAN’T FORGET ME, LLC site; (d) targets text on websites,
other than those websites 100 percent owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on websites 100 percent owned by the
owner of the application. Affiliates that are found to be cybersquatting or typosquatting on trademark-related domains will be banned from the program with all their commissions reversed.
(i) You may use graphic and text links both on your website and within in your email messages. You may also advertise the cantforgetme.com site in online and offline classified ads, magazines, and newspapers.
(ii) You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to site and Affiliate Program Policies and Procedures and Terms and Conditions.
Coupon and Deal Sites
(i) Can’t Forget Me, LLC occasionally offers coupon to select affiliates. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon.
Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:
(ii) Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
(iii) Affiliates may not bid on Can’t Forget Me, LLC Coupons, Can’t Forget Me, LLC Discounts or other phrases implying coupons are available.
(iv) Affiliates may not 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. Your link must send the visitor to the
(v) 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 merchant site” is NOT allowed).
(vi) 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 merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the
Grant of Licenses
(i) We grant to you a nonexclusive, nontransferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement, and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials" that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of CAN’T FORGET ME, LLC Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of CAN’T
FORGET ME, LLC and the goodwill associated therewith will inure to the sole benefit of CAN’T FORGET ME, LLC.
(ii) Each party agrees not to use the others proprietary materials in any manner that is disparaging, misleading, obscene, or otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this
license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the
CAN’T FORGET ME, LLC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING CAN’T FORGET ME, LLC SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF CAN’T
FORGET ME, LLC ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
Representations and Warranties
You represent and warrant that:
(i) This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
(ii) You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.
(iii) You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR
OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST
BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL CAN’T FORGET ME, LLC CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER
BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER
(i) You hereby agree to indemnify and hold harmless CAN’T FORGET ME, LLC and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands,
liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys fees) (any or all of the foregoing hereinafter referred to as Losses) insofar as such Losses (or actions in respect thereof) arise out of or are based
on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a
covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
(i) 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 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.
(i) You agree that you are an independent contractor and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and CAN’T FORGET ME, LLC. 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 Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
(ii) Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
(iii) This Agreement shall be governed by and interpreted in accordance with the laws of the state of California, in the county of Los Angeles.
(iv) You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
(v) This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.
(vi) The headings and titles contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
(vii) If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the
parties is effectuated, and the remainder of this agreement shall have full force and effect.
(viii) The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the
Program will constitute your acceptance of any change.
(ix) Affiliate may not post any press release or publish any materials relating to this Affiliate Program, Can’t Forget Me, LLC or cantforgetme.com without the express written approval of Can’t Forget Me, LLC. Failure to comply with this or any other provision
shall result in immediate termination of Affiliate’s participation in Can’t Forget Me, LLC’s Affiliate Program by Affiliate and may result in legal action related to any damages or liabilities created by such action.
Electronic Signatures Effective
(i) The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Can’t Forget Me, LLC affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Can’t Forget Me, LLC application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.