Affiliate Agreement

Terms and Conditions of Affiliate Sales

By clicking on the ‘I accept Terms and Conditions’ when applying for the Stack Labs Affiliate Program, you are deemed to have read and agree to these terms. If you do not wish to accept the Stack Labs Affiliate Program Terms and Conditions, you will not be permitted to promote any Stack Labs product(s).

In consideration of Stack Labs allowing you to promote any Stack Labs product(s), and receive payment of the commission from Stack Labs, you agree to comply with the following Terms and Conditions:

As a Marketing Affiliate, you agree to:

– comply with the brand guidelines set out in Appendix One

– comply with all applicable laws, regulations and guidelines relating to the product(s) and the promotion of such product(s)

– not make any statement which is or may be defamatory or illegal, obscene, abusive, contain content which is invasive of any privacy and/or publicity rights or infringing of any intellectual property rights

– not include false or misleading information, or deceptive subject lines in any email or communication

– include a functional opt-out method at all times in all emails and all other communications

– ensure that all promotional activities be identified as an advertisement and include the email sender’s valid postal address

– not amend any form of advertising provided by Stack Labs

– not use information or claims about any Stack Labs product(s) other than those noted on the advertising material provided to you

– not use any material that would mislead or cause confusion about Stack Labs’ products or the relationship between Stack Labs and yourself

– act conscientiously and in good faith and not to allow your interests to conflict with the duties that you owe to Stack Labs

– not act in a way which will incur any liabilities on behalf of Stack Labs nor to pledge the credit of Stack Labs

– comply with all reasonable and lawful instructions of Stack Labs from time to time concerning the promotion of the products, and generally to act in such manner as you think best to promote the interest of Stack Labs.

– use all reasonable endeavors to promote the products with all due care and diligence, to seek to improve Stack Labs’ goodwill

– do nothing which Stack Labs considers could be prejudicial to Stack Labs’ goodwill or commercial interests

– describe yourself in all dealings with the products and in all associated advertising and promotional material as ‘Marketing Affiliate” of Stack Labs

– maintain at your own expense appropriate systems as may be necessary for the effective performance of your duties under this Agreement

– promptly inform Stack Labs of any order or inquiry concerning orders for the products you receive

– inform Stack Labs promptly of any complaint or after-sales inquiry concerning the products received by you

– use any samples of the products provided to you only for the purpose of reviewing and promoting the products

– keep all stock of the products which you hold or which are under your control in conditions notified to and approved by Stack Labs or (in the absence of such notification) which are appropriate for their storage and security all at your own cost, stored separately from other goods and clearly indicated as belonging to Stack Labs

– not take part in any dispute or commence or defend any court or other dispute proceedings or settle or attempt to settle or make any admission concerning any such proceedings without prior reference to Stack Labs (and then only acting strictly on Stack Labs’ express instructions) on behalf of Stack Labs

– indemnify Stack Labs against any liabilities incurred by Stack Labs as a result of you breaching any law from time to time in force or any breach of these Terms and Conditions, the incurring of which is otherwise not authorized by Stack Labs hereunder

– allow Stack Labs’ authorized representatives at any reasonable time to have access to your premises (or to arrange for the Stack Labs’ authorized representatives to have access to other relevant premises) for the purpose of inspecting the accounts and records and for inspecting or taking stock of or possession of any of Stack Labs’ property which is in your possession, custody or control.

– act in accordance with any policies issued by Stack Labs and found on the Affiliate resource page(s) of the Stack Labs website

– update the content of your website as and when any advertising material and/or any use policy and/or brand guidelines is updated to maintain consistency and accuracy between your website/landing page and Stack Labs’ website. All maintenance and updating of your site(s) is your sole responsibility

– not use any of the content of any websites owned and/or operated by Stack Labs without Stack Labs’ prior written consent and shall not frame any pages or parts of any pages of the Stack Labs website or any other website nor will you create the impression that your site(s) is the Stack Labs website or any part of the Stack Labs website

Definitions:

“Advertising material” means banners, product images, call-to-action images, testimonials, keyword lists, text ads, videos, and other product information provided by Stack Labs, which is intended to promote Stack Labs’ products and/or services.

APPENDIX ONE – BRAND GUIDELINES

1) Branded Domains

Branded domains are allowed under the following conditions:

a) Your site(s) do not pretend to be the Stack Labs official site or be confusingly similar to it.

b) Your site(s) contain at least one word in addition to the brand name, which is neither a definite article (the) or indefinite article (a/an). The additional word must be with the main domain name, not the sub-domain or domain extension. A popular example is the use of the word ‘review(s)’.

c) Sub-domains shall be treated the same as the domain names.

d) You shall add value to the brand by launching a quality website containing unique content created to help inform the User.

e) You shall make it clear that your site(s) is just a review site and not an official Stack Labs site.

f) You shall not use any misleading call to action links (e.g. ‘Add to Cart’, etc.)

g) You shall always be fair and factual when it comes to Users.

Examples of banned brand domains include (but are not limited to):

officialStackLabs.com, theStackLabs.com, StackLabs1.com, StackLabsz.com, StackLabs-online.com, StackLabs.com, StackLabs.wordpress.com, StackLabs.weebly.com, StackLabs.website, StackLabs.reviews

2) Brand Bidding

Brand Bidding is allowed under the following conditions:

a) You can bid on Stack Labs’ brand terms as long as they also bid on more generic terms.

b) PPV (pay-per-view) traffic is not allowed.

3) PPC (Pay-per-Click) Marketing

a) You must use your own site(s) as the destination after a User clicks on your PPC ad.  Your site(s) should add value to the Stack Labs brand and offer the User the option to click on the links within your site(s) to be directed to the Stack Labs site.  Simply redirecting via an intermediate domain is not permitted.

b) You cannot link directly to the Stack Labs site.

4) Discount/Coupon Code Websites

a) Stack Labs does not allow discount/coupon code only sites. You shall not use such sites as a method for promotion. Your site(s) must include significant content which adds value to the Stack Labs brand by informing and/or persuading the User about Stack Labs’ products and/or service.

b) Only discount/coupon codes that have been approved by Stack Labs shall be added to your site(s).

c) You must only display the discount exactly as it appears on the Stack Labs website, any forum post, or within your Affiliate account. Other representations to make the discount look better, exclusive or to otherwise mislead the User are not acceptable.

d) Full details of the discount, including any expiry date (where provided) must be displayed to the Users on your site(s).

e) You should not tell the User to “click to reveal”, or use a similar call-to-action to suggest there is a discount/coupon code when one does not exist.

Nothing shall restrict Stack Labs’ right to proceed with legal action regarding your registered domains(s) (e.g. take down your site) if it has breached this Affiliate Agreement.

Any commission realized while breaching this Affiliate Agreement may be charged back to you. Additionally, your Affiliate account may be suspended.