Agreement
By signing up to be an Affiliate in the Affiliate Program of Molo9™ Incorporated (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms and Conditions”).
Molo9™ Incorporated (“Molo9™”) reserves the right to update and change the Terms and Conditions from time to time without notice. Any new features that augment or enhance the current Affiliate Program, including the release of new tools and resources, shall be subject to the Terms and Conditions. Continued use of the Affiliate Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Affiliate Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
Account Terms
- You must be 18 years or older to be part of this Affiliate Program.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Molo9™ cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use the Affiliate Program to earn money on your own Molo9™ product accounts.
Promotion Guidelines
Where to promote your link
- As of June 7, 2021, you may NOT purchase ads to drive buyers to our website using your affiliate links.
- You may use your Molo9™ affiliate link in video reviews & tutorials, blog posts & courses, e-books, social media posts & marketing emails. If this changes, we will send you a written notice via email.
Branding Guidelines
Do:
- Use the language and assets provided here.
- Capitalize the “M” in “Molo9™”. You’d be surprised at how many times that doesn’t happen. Sigh.
- Use the ™ after the name Molo9™.
- Reference our brand guide here.
- Remember that we are a high-end brand.
Do Not:
- Use false or misleading statements on the benefits of using Molo9™ (e.g. “Make millions by tomorrow with Molo9™”)
- Modify or adjust the Molo9™ word mark or logo in any sort of marketing material you might create, including the creation of any visual badges or dual-logo lockups.
Ad creatives
Additional branding guidelines you are to use when linking to Molo9™ can be found here.
You may use your own creatives when developing organic content to promote your affiliate link, but be prepared to share those creatives with the Molo9™ team when asked to do so.
If you are unsure if a creative asset will meet our brand guidelines send a copy of the creative asset to StrategicPartners@Molo9.group for verification prior to using the creative asset.
Policies that don’t fit into the other buckets
- Survey Participation: We would encourage you to participate in any Affiliate-specific NPS surveys, industry surveys, marketing surveys, etc.
- Sharing Placements: When requested, you’ll share the places you’ve used your affiliate link. This includes, but is not limited to, links, screenshots, and email sends. Failure to share all of the places and ways in which you are promoting your affiliate link can result in your termination from the Molo9™ affiliate program. For this reason, we suggest keeping a record of these in a Google Sheet, which makes it easy to share with our team.
What to call yourself
As we have multiple ways to partner with Molo9™ and several ways to reference those relationships, here are some guidelines around what you can and cannot call yourself within the affiliate program. This includes mentions in press releases, references in videos, listings on your website, or in any other marketing material you may be using.
Do say you are a(n):
- “Molo9™ Affiliate”
- “Affiliate”
- “Molo9™ Brand Ambassador”
- “Molo9™ Ambassador”
Do NOT refer to yourself as a(n):
- “Strategic Partner”
- “Molo9™ employee”
- “Molo9™ subcontractor”
- “Molo9™ consultant”
- “Molo9™ representative”
You may not in any manner misrepresent or embellish the relationship between us and you, claim that you develop our products, say you are part of Molo9™ or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
Attribution & Limitations
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code & Unique Link Format. You are permitted to place links, banners, and other Molo9™ centric graphics on your site, in your emails, on social media or in other communications.
For a Molo9™ sale to be eligible to earn a commission, the customer must click-through your unique link to a URL that starts with https://www.molo9.com and complete the order on Molo9.com for a product within 180 days. Each time a customer clicks on your link the 180 day countdown starts over.
Our automated system cannot track and pay you for referrals that do not come to Molo9™ via your unique link prior to making their purchase on the Molo9™ site. To permit accurate tracking, reporting, and commission accrual, our system provides you with the exact unique link formats to be used in all Molo9™ links you wish to have attributed to your affiliate account. You must ensure that each of the unique links you publish to direct traffic to the Molo9™ site, properly utilizes the unique link formats.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted unique links that are automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal, overly aggressive or questionable sales or marketing methods.
Affiliate links should point to the page of the product being promoted.
What if I refer someone to Molo9™ and they had previously clicked on another affiliates link to visit the site before using my link?
If a customer is referred by 2 affiliates, the first affiliate (the one who first convinced them to visit the website) will be credited for the purchase made.
Our automated system locks a customer to the first referrer when the transaction takes place. Any future transactions from that customer will also give commission to the original referrer.
Payments
Payments only begin once you’ve earned more than $100 in affiliate income. If your affiliate account never crosses the $100 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $100 threshold.
You will receive a commission for each new Molo9™ subscriber. Once your account accumulates $100 in credit, we will schedule your next payout. Payouts are initiated on the 15th of each month.
You are not credited for incomplete transactions.
You are not credited for purchases made through 3rd party sites. Example: if you refer a friend to Molo9™ but they make their purchase through an offer we have on a site like AppSumo, AppSumo alone is credited and compensated for the sale.
Additional Terms & Conditions:
Customer definition
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
Your responsibilities
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
– The technical operation of your site and all related equipment
– Ensuring the display of Unique Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Unique Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
– Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.
Compliance with Laws
As a condition to your participation in this Affiliate Program, you agree that while you are an Affiliate Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are an Affiliate Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Affiliate Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Affiliate Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://www.molo9.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Molo9™ reserves the right to end the Program at any time. Upon program termination, Molo9™ will pay any outstanding earnings accrued above $100.
Termination
Molo9™, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Affiliate Program, or any other Molo9™ service, for any reason at any time. Such termination of the Affiliate Program will result in the deactivation or deletion of your Account or your access to your Affiliate Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Affiliate Account if they were earned through fraudulent, illegal, overly aggressive or questionable sales or marketing methods. Molo9™ reserves the right to refuse program participation to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total referral fees paid or payable to you under this Agreement.
Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Program or any products sold through the Affiliate Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Molo9™ will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Arbitration
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Miscellaneous
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of Molo9™ to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions constitute the entire agreement between you and Molo9™ and govern your use of the affiliate program, superseding any prior agreements between you and Molo9™ (including, but not limited to, any prior versions of these Terms and Conditions).