Thank you for the opportunity to partner with you through Malta Dynamics’ affiliate program. The following contract outlines the specifications of the affiliate program that apply to your participation. This affiliate program agreement explains how we will work together during this business relationship. Please note that this is a legal document and the terms agreed upon by both parties.
Affiliate Agreement Overview
This affiliate program agreement is made between Malta Dynamics and the Affiliate. The agreement outlines the terms and conditions that must be agreed upon to become an affiliate in Malta Dynamics’ affiliate program. The purpose of this agreement and the Malta Dynamics Affiliate Program is to allow HTML linking between your company’s website and MaltaDynamics.com.
As the Affiliate, you agree that you are participating in the Affiliate Program as an independent contractor. This affiliate agreement does not create any type of franchise, employment relationship, joint venture, agency or partnership between the Affiliate and Malta Dynamics. The Affiliate does not have the authority to make or accept any representations or offers on behalf of Malta Dynamics.
In order to begin the process of becoming an affiliate, Malta Dynamics requires affiliates to submit an application for evaluation. Malta Dynamics reserves the right to reject applications or cancel affiliate membership at our sole discretion if it is determined that the affiliate is not suitable for the program.
As a member of the Malta Dynamics’ Affiliate Program, affiliates will have access to the account manager system that provides access to HTML codes and information regarding the program. Malta Dynamics reserves the right to refuse access if the criteria in this agreement are not met. It is imperative that you use the HTML code provided so that Malta Dynamics is able to accurately track guest visits from your sites to MaltaDynamics.com. Therefore, you must use the HTML code or affiliate link provided.
MaltaDynamics.com does reserve the right to review placement of links and request changes to placement to ensure guidelines of the Affiliate Program are in compliance. The Affiliate is responsible for all maintenance and updates to their website.
The Affiliate must comply with all applicable intellectual property laws that pertain to the website. In order to use copyrighted material, the affiliate must have permission from the owner in writing. Malta Dynamics is not responsible for the use of copyrighted material or violation of intellectual property laws, as well as a violation of third-party rights.
Malta Dynamics will issue all commission on sales to the Affiliate at 10 percent of each sale. All payments will be provided via check within 60 days of the customer order. The affiliate will provide a valid W-9 to firstname.lastname@example.org before the first payment is processed.
Modifications to the Agreement
Malta Dynamics reserves the right to modify the terms and conditions of the Affiliate Agreement at any time. Once modifications are made, the Affiliate will receive notice of the changes via email. Modifications may include:
- Changes to the Payment Procedures
- Changes to the Program Rules
If the Affiliate deems any modifications of the agreement as unacceptable, the Affiliate has the right to terminate the agreement. Upon receiving modifications, an Affiliate’s continued participation in the Affiliate Program acknowledges agreement to the modifications.
The Affiliate or Malta Dynamics may end the agreement at any time, with or without cause. It is required, though, that Affiliates provide written notice in the form of email or mail. In the case that an Affiliate has breached the agreement, the Affiliate’s membership in the program will be terminated immediately.
Malta Dynamics reserves the right to monitor affiliate websites to ensure the terms and conditions of the affiliate agreement are followed. In addition, Malta Dynamics reserves the right to notify the Affiliate of any changes that should be made to links or HTML codes.
If Malta Dynamics determines that the Affiliate’s participation is terminated, the Affiliate may not be provided notice in the instance where fraud or abuse is committed. In the event that fraud or abuse is present, Malta Dynamics is not liable to the Affiliate for any commissions based on fraudulent sales.
Promotion Guidelines and Restrictions
Malta Dynamics encourages the Affiliate to promote their own website; however, certain forms of advertising are prohibited. Malta Dynamics restricts the use of the following advertising strategies by the Affiliate:
- Use of Unsolicited Commercial Email
- Cross-Posting to Multiple Newsgroups
- Advertising in a Manner That Conceals or Misrepresents the Affiliate’s Identity, Domain Name or Email Address
- Engaging in Parasitic Marketing or Installing Deceptive Pop-Ups
Malta Dynamics does allow Affiliates to use mailings to promote MaltaDynamics.com, but only in the instance where the consumer or subscriber has the option to unsubscribe. The Affiliate is also allowed to post to news groups as long as commercial postings do not violate the group’s terms and conditions. All advertising and promotions must clearly outline that you are representing the Affiliate independent from MaltaDynamics.com.
Any violations to the promotion guidelines and restrictions leads to an immediate termination of the Affiliate’s participation in the Affiliate Program. Upon immediate termination for violation of promotion guidelines, unpaid balances will not be paid to the Affiliate.
Malta Dynamics grants the Affiliate non-transferable, non-exclusive, revocable right to access MaltaDynamics.com through HTML links, in accordance with the terms and conditions of the Affiliate Agreement. The Affiliate is also granted non-transferable, non-exclusive, revocable rights to use trade names, trademarks, logos and other materials provided by Malta Dynamics for use as an affiliate. Only Affiliates in good standing are allowed grant licenses.
Both Malta Dynamics and the Affiliate agree not to use one another’s proprietary material in a manner that is obscene, negative, misleading or disparaging. Both the Affiliate and Malta Dynamics retain rights to their respective intellectual property.
All materials, HTML codes, licenses and agreements provided to the Affiliate by Malta Dynamics remain the sole property of Malta Dynamics and should not be disclosed to any other third party without the written consent of Malta Dynamics.
The Affiliate agrees to indemnify and hold Malta Dynamics and its subsidiaries harmless against liabilities, losses, damages, settlements, costs, expenses, demands, actions and claims.
Representations and Warranties
By signing up to participate in the Malta Dynamics Affiliate Program, the Affiliate agrees that:
- The agreement constitutes a valid, binding legal obligation to the Affiliate Program terms and conditions
- The Affiliate has the authority, right and power to enter in and comply with the terms and conditions of the agreement
Once an Affiliate’s membership application is approved, this agreement is in effect and continues until termination.