The OfferForge Network ACTIVELY monitors traffic for Fraud. If we detect Fraud, your account will be made inactive pending further investigation.
All web sites, newsletters, companies, or individuals need official approval from OfferForge before they can become an Affiliate Publisher Partner. Only web sites and newsletters that have been reviewed and approved are permitted to use the programs. OfferForge reserves the right to withhold or refuse approval on any web site, newsletter, company, or individual for any reason, whatsoever.
In order to be eligible for approval, all web sites and newsletters must meet the following criteria:
1. Be content-based, not simply a list of links or advertisements, nor can the site be centered around making money off of our Advertisers.
2. Have a top-level name.
3. Cannot offer incentives to users to click on ads; incentives include but are not limited to awarding them cash, points, prizes, contest entries, etc. unless otherwise agreed in writing by OfferForge.
4. Be fully functional at all levels; no "under construction" sites or sections.
5. Spawning process pop-ups and exit pop-ups are prohibited for click approved affiliates.
6. The content of the web site and/or newsletter cannot contain any adult content nor link from, or to, any adult materials including but not limited to:
- Explicit, vulgar or obscene language.
- Posting or referencing of sexually explicit images or other offensive content.
- Promotion of adult services, such as phone sex or escort services.
7. The content of the web site and/or newsletter cannot infringe on any personal, intellectual property or copyrights including but not limited to:
- Racial, ethnic, political, religious hate-mongering or otherwise objectionable content
- Investment, money-making opportunities or advice not permitted under law.
- Gratuitous violence or profanity.
- Material that defames, abuses, or threatens physical harm to others or to you.
- Promotion of illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, etc.
- Software Pirating (e.g., Warez, Hotline)
- Hacking or Phreaking.
- Any illegal activity whatsoever.
- Any questionable or controversial subject matter.
- Any spoofing, redirecting, or trafficking from adult-related web sites in an effort to gain traffic
8. You cannot place our advertisements into your framed environment, unless approved by OfferForge in writing.
9. Your web site and/or newsletter cannot be 'point, lottery, or rewards' based encouraging users to click on our Advertisers' banners or use our Advertisers to generate revenue for users to win points, get rewards, or other incentives unless expressly approved in writing from OfferForge.
10. In order to be approved as a "Click Program" Publisher, all web sites and newsletters must meet the following criteria:
- Be approved as a "Click Program" Affiliate
- Be content-based, not simply a list of links or advertisements, nor can the site be centered around making money off of our Advertisers.
- Cannot offer incentives to users to click on ads; incentives include but are not limited to awarding them cash, points, prizes, contest entries, etc.
- Spawning process pop-ups and exit pop-ups are prohibited
11. If you fraudulently add leads or clicks or inflate leads or clicks by fraudulent traffic generation (as determined solely by OfferForge, such as pre-population of forms or mechanisms not approved by OfferForge), you will forfeit your entire commission for all programs and your account will be terminated. OfferForge reserves sole judgment in determining fraud, and you agree to this clause.
12. It is the OBLIGATION of the Affiliate Publisher to prove to OfferForge that they are NOT committing fraud. OfferForgewill hold your payment in 'Pending Status' until you have satisfactorily provided evidence that you are not defrauding the system. We flag accounts that:
- Have click-through rates that are much higher than industry averages and where solid justification is not evident.
- Have ONLY click programs generating clicks with no indication by site traffic that it can sustain the clicks reported .
- Have shown fraudulent leads as determined by our clients .
- Use fake redirects, automated software, and/or fraud to generate clicks or leads from our programs
13. Filling out this form constitutes an agreement between OfferForge and the Affiliate Publisher. The commission payment that is generated to the Affiliate Publisher varies per registered subscriber to the programs offered and/or per clicks. This commission payment is made approximately 30 days after the end of the month and after receiving payment from the Advertiser. Delinquent Advertiser payments received by will be credited to the Affiliate Publisher in the month that they are received. OfferForge does not guarantee payment to the Affiliate Publisher if the Advertiser does not pay
14. Commission payment totals must exceed USD25.00, otherwise this payment will not be made until the USD25.00 minimum is reached.
15. Affiliate Publisher agrees not to carry objectionable materials on their web site which would revoke their affiliation as determined by OfferForge. Affiliate Publisher will only run approved banners and text in their advertising of our clients and will NOT create their own banners or advertising text, unless expressly approved in writing from OfferForge. Violation of this forfeits your commissions.
16. Affiliate Publisher WILL NOT spam or send unsolicited email mentioning or promoting the OfferForge clients. Any violation of this will result in the Affiliate Publisher being liable for minimum damages of USD10.00 per email sent and other damages as deemed by a court of law.
The Affiliate Publisher is solely responsible for any liability arising out of or relating to (i) any of the affiliate partner's websites; (ii) any material to which consumers can link through any of the members websites; and (iii) any consumer or governmental complaint arising out of any Commercial Email campaign or other advertising campaign conducted by the member, including, but not limited to, any complaint related to pornography, spam or fraud. Member shall indemnify, defend, and hold harmless OfferForge, their respective officers, agents, affiliates, employees and clients from and against any and all claims, losses, damages, actions, liabilities, expenses, or costs (including, without limitation, reasonable attorneys' fees) that may at any time be incurred by any of them by reason of any claims, suits, or proceedings (a) for libel, defamation, violation of rights of privacy or publicity, copyright infringement, trademark infringement or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability or violation of any law, statute, ordinance, rule or regulation in connection with any of the members websites or any Commercial Email; (b) arising out of any breach by the member of any obligation, representation or warranty under this Agreement; or (c) relating to a contaminated file, virus, worm, or Tro j an horse originating from any of the members websites or any Commercial Emails. The Affiliate partner acknowledges that OfferForge may enter into indemnity agreements with it's customers and the member may by virtue of this section be liable to Client and ultimately the Client's customer under such agreements.
17. Editing of an Advertiser's program images or copy is strictly prohibited. Affiliate Publisher will only use approved banners and text to link to an Advertiser's sign-up pages. Affiliate Publishers will not mislead people to make it seem that they are signing up for an offer that is offered by the Affiliate Publishers site. Affiliate Publisher can ONLY use banners and approved text, any other use of link and sign-up processes will result in the loss of all sign ups/leads accrued for the Affiliate Publisher.
18. OfferForge reserves the right to terminate any Affiliate Publisher's contract for any reason whatsoever. Termination notice will be provided via e-mail and will be effective immediately. All legitimate moneys due to Affiliate Publisher will be paid during the next billing cycle. If Affiliate Publisher defrauds the system, then payment is revoked as determined solely by OfferForge.
19. You guarantee that all content, products, and services on your web site are legal to distribute and that you own or have the legal right to use any and all copyrighted material.
20. Affiliate Publisher irrevocably covenants, promises and agrees to indemnify OfferForge and to hold OfferForge harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, arising from any and all claims and lawsuits for copyright, slander, libel, and trademark violation as well as all other claims resulting from their actions.
21. If any Affiliate Publisher violates or refuses to take part in their responsibilities, or commits fraudulent activity against us, OfferForge reserves the right to withhold payment and take appropriate legal action to cover its damages.
22. OfferForge reserves the right to change any conditions of this contract at any time. Change notices are sent to Affiliate Publishers by email, and Affiliate Publishers are responsible for complying with any changes to the contract within 10 calendar days from the date of change. Failure of the Affiliate Publisher to terminate the agreement within those 10 calendar days will constitute acceptance of the changes to this contract.
23. OfferForge gives no warranty, express or implied, for any and all services and products provided, including, but not limited to, warranty of merchantability and warranty of fitness for a particular purpose. This statement expressly includes any reimbursement for losses of income due to disruption of service by or its upstream providers.
24. You agree to settle any dispute under this agreement under the laws of the State of Delaware, the United States of America and Republic of South Africa. Any litigation arising under this Agreement will be brought in any court of OfferForge's choosing.
25. Any legal action taken by an advertiser, agency, client, person, or entity against OfferForge for actions of you (the affiliate) that violate these terms and conditions, you accept that OfferForge will work with the advertiser, agency, client, person, or entity to divulge your personal information. You also agree that OfferForge is not liable for your actions, and you will bear all costs (legal or otherwise) that OfferForge incurs in relation to any legal action by any advertiser, client, agency, person, or entity.
26. If any provision of this agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected thereby.
27. You must be 18 years or older to sign up as an Affiliate Publisher. |