This Affiliate Program Agreement (the ”Affiliate Agreement”) is a legal agreement between you (”You”, “Your”, “Yours”, or “Affiliate”), and FanHero, LLC, a Delaware Corporation located in Orlando, Florida, United States (”FanHero”, “We”, “Us”, “Our”, or “Company”).
The Company owns and develops a global technology platform (the “Platform”) that enables content creators and owners to collect, manage and disseminate their content in video, live streaming and other formats. The Platform represents Our core service offering, however We offer and provide related products and services (collectively, Our “Products and Services”).
The Company maintains an affiliate program (the “Affiliate Program”) intended to, among other things, compensate Affiliates who sell or introduce the Company to third parties that subsequently enter into a contractual relationship with the Company (”Clients”). In general, Affiliates are compensated by being paid a percentage (the “Affiliate Rate”) of realized net revenue generated by Clients that were identified, sold and/or introduced to the Company by the Affiliate. The Company reserves the right to alter, amend or cancel the Affiliate Program, including the Affiliate Rate, from time to time.
By clicking on the "I AGREE" button or a similar affirmation, providing a digital signature, or by acknowledging acceptance of the Affiliate Agreement by any other method allowed by Company (including via email confirmation of Your acceptance of this Affiliate Agreement), or by using or accessing the Affiliate Program through any means permissible including, without limitation via a computer or a mobile application, Affiliate acknowledges and agrees that: (i) it has reviewed and understands the Affiliate Agreement; (ii) it agrees to be legally bound by the terms and conditions of the Affiliate Agreement; and (iii) its involvement in the Affiliate Program and any related products or services will be governed by this Affiliate Agreement. If Affiliate does not agree or is not willing to be bound by the terms and conditions of this Affiliate Agreement, Affiliate should not click on the "I AGREE", sign the affiliate program application form, acknowledge Your acceptance, or seek to benefit from or participate in the Affiliate Program.
We reserve the right to periodically update, change or replace these terms. In such cases, notifications may be provided through electronic means, potentially including in-app notifications or emails. If you disagree with any updates or modifications, you have the option to terminate your participation as outlined herein.
Any version of this Affiliate Agreement in a language other than English is provided for convenience and You understand and agree that the English language will control if there is any conflict.
All capitalized terms used and not otherwise defined herein shall have the meaning ascribed to them in Company’s Client Terms and Conditions.
This Affiliate Agreement does not create or imply an exclusive agreement between You and Us. Both You and We will have the right to recommend other products and services of third parties and to work with other parties in connection with the design, sale, installation, implementation and use of other services and products of third parties.
You will also have no exclusivity in Your efforts to sell or market Our Products and Services to Your Affiliate Network (defined below) and You acknowledge that the Company or other Affiliates may have existing relationships with members of Your Affiliate Network and that such relationships may be directly competitive to Your relationships. In addition, You acknowledge and agree that We may have, either currently or in the future, other Affiliates or internal team members who maintain or create relationships with Your Affiliate Network. Such relationships may be coincident, competitive to or complimentary with Your relationships. We commit to treat all of our Affiliates fairly but reserve the right to make business decisions regarding who is responsible for the actual sale of a new Client. Such decisions may be adverse to Your interests.
This Affiliate Agreement contains the complete terms and conditions that apply to You when becoming an affiliate in the Affiliate Program. The purpose of this Affiliate Agreement is to allow You to earn commissions through sales generated from Your efforts to introduce, sell and/or offer Our Products and Services. Your sales efforts may be verbal, direct or indirect, including promoting or posting information about or links to the Products and Services on Your websites, social media pages, email communications, marketing, word-of-mouth, digital referral, or other related sales or marketing channels You control (”Your Audience”). The portion of Your Audience that is accepted in writing by Us as eligible for You to earn money on is known as Your “Affiliate Network”). You are eligible to earn money based on that portion of Your Affiliate Network that enters into a contractual relationship with Us. The amount of money you can earn is determined by multiplying the Affiliate Rate (which is stated below) times the realized revenue received by Us pursuant to a contract entered into by a member of Your Affiliate Network. The application of this Affiliate Rate is determined by the length of time (as stated in the Affiliate Rate section below) from the date of the initial contract entered into by a member of Your Affiliate Network. For sake of clarity, the Company applies the Affiliate Rate on a basis that declines over time and expires after the time indicated in the Affiliate Rate section below. The application of the Affiliate Rate to the realized revenue derived from Your Affiliate Network results in payments due to You (”Affiliate Rate Payments”).
2.1. Application Completion*.* If You have not already done so, You need to complete the application to the Affiliate Program (the “Application”), which is available on the FanHero website, or otherwise apply as directed by Our authorized sales personnel. You will need to identify those potential members of Your Audience to which You intend to sell Our Products and Services, describe how You plan to promote Our Products or Services to Your Audience, and provide certain contact information. We will notify You of that portion of Your Audience that is accepted as Your Affiliate Network. You acknowledge that We may have prior, simultaneous or future Affiliates that also have some or all of Your desired Affiliate Network. The composition of Your Affiliate Network is determined by Us in Our sole discretion and may be changed by Us in the future, including eliminating portions of Your Audience from Your Affiliate Network.
(b) Acceptance of Your Application*.* If we choose to accept Your Application, You will receive an email notification confirming that Your Application has been approved and which portion, if any, of Your Audience that we recognize as Your Affiliate Network. You understand and agree that We may accept or reject Your Application at Our sole discretion. Your Application will be rejected if any of the information You provide is incorrect or incomplete; if Your Audience violates our content standards, including, but not limited to, pornographic, violent, defamatory or illegal content; if You or Your Audience discriminate, violate any applicable law, or violate any person’s intellectual property rights, or for any other reason or no reason, including the fact that We have existing or competing Affiliates already selling to your desired Affiliate Network. We may reject portions of your Audience while accepting other portions.
(c) Access to our Affiliate Program*.* If We have accepted Your Application, We may, at Our sole discretion, provide You with access to Our secure affiliate center. From this center You will be able to access Promotional Materials and qualifying links as well as access Your reports which will describe Our calculation of any Affiliate Rate Payments due to You. If provided, It is Your responsibility to keep Your username and password information secure. For purposes of clarity, Promotional Materials is defined as banners, text or video links, article copy, and access to data feeds.
(d) You will ensure that Your information, including Your email address, is at all times complete, accurate and up-to-date. We may send communications to the email address associated with Your account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with Your account is no longer current.
(e) You must be in good standing and compliance with any applicable regulatory authority. If You are located in the United States, You must be in good standing with the Federal Trade Commission (the “FTC”) and in compliance with all FTC guidelines.
As a member of Our Affiliate Program, You represent, warrant, and covenant that You will: