This Operating Agreement for MyPM, LLC’s Affiliate Program, ( including all exhibits and attachments hereto and incorporated herein by reference (the “Agreement”), contains the complete terms and conditions that apply to a party’s participation as an Affiliate in the Affiliate Program regarding www.MyPMLLC.com (the “Program”). As used in this Agreement, “we”, “us”, “MyPM” or “MyPMLLC.com” means MyPM, LLC (a New York Limited Liability Company, hereinafter referred to as MyPM), and “you” means the applicant party or Affiliate. “Site” means a World Wide Web site and, depending on the context, refers either to the MyPMLLC.com Site or to the portion of the MyPMLLC.com Site that you will link to using Qualifying Links as defined in Section 2 of this Agreement.
1. Register to Join the Program
You may submit a completed Affiliate Registration form (https://www.mypmllc.com/affiliate-registration/) to begin the enrollment process (“Registration.”) Submission of your Registration form to the Program implies acceptance to the terms set forth in this Agreement. We will evaluate your Registration form and notify you of your acceptance or rejection. We may reject your Registration form if, in our sole discretion, we determine for any reason that your website or other online platforms are unsuitable for the Program.
Unsuitable web applications include, but are not limited to, those that:
- are unprofessional in appearance or content;
- promote sexually explicit material;
- promote violence or hate toward any persons or groups;
- promote illegal activities;
- promote a political party;
- promote a religion;
- promote alcohol, tobacco, gambling/lottery in any way;
- promote the use of pyramid, “ponzi”, or similar investment schemes;
- promote discrimination based on race, sex, gender, religion, nationality, disability, sexual orientation, or age;
- contain, in our sole judgment, material that is defamatory, fraudulent, or harassing to us or any third party;
- include “MyPM”, “My PM”, “MyPMP” or variations or misspellings thereof in their domain names;
- otherwise violate intellectual property rights of MyPM, LLC or its suppliers;
- disparage MyPM, MyPM Affiliates, or their suppliers;
- are under construction or not live at the time you submit the Registration form;
- do not align with the business interests of MyPM; or
- provide a portion of their Commission (as defined in Section 5) to web applications or organizations that would violate any of the above criteria.
Regardless of your acceptance in the Program, we may terminate this Agreement for any reason, at any time. The terms of our acceptance criteria are subject to change at any time without prior notice. All decisions for acceptance into the Program will be made within our sole discretion.
If your Registration form is not accepted, you may reapply to the Program at any time; however, you should not and may not link to our Site unless you are approved for the Program.
As a member of the Program, you grant MyPM permission to distribute any email communication directly to you that MyPM determines is necessary communication for you to receive in order to continue as an Affiliate of the Program, regardless of your choice to opt-out from certain communication.
2. Links on Your Website or Third Party Websites
Upon acceptance into the Program, we will make available to you Qualifying Links that are subject to the terms and conditions of this Agreement. A “Qualifying Link” is a link from a web application to our Site using one of the Universal Record Locators (“URLs”) or graphic links provided by MyPM, or by other means selected by us for use in the Program. All Qualifying Links must link directly and exclusively to our Site. MyPM must approve each and every web application that links to our Site through a Qualifying Link. If you use a Qualifying Link to link a web application to our Site without seeking explicit authorization, your continued use of that Qualifying Link shall be considered a breach of this Agreement. However, continued use of the Qualifying Link will nonetheless subject such web applications to the Terms and Conditions of this Agreement.
The Qualifying Links will contain a coupon code that is applied at checkout. The unique coupon codes serve to identify you as an Affiliate of the Program. All Qualifying Links that you will use in the Program will be provided to you from MyPM via our Site or by other means selected by us. You also agree that you will display on the web application containing the Qualifying Link only those logos, trade names, graphic images, and similar identifying material (“Creatives”) that are provided by us, and you will substitute such images with any new materials provided by us from time to time throughout the term of this Agreement.
Only valid Qualifying Links will be tracked for purposes of determining Commissions that you may be eligible to receive on sales of Qualifying Products (as defined below) generated through your participation in the Program.
Only Qualifying Links may be used to link a web application to areas within our Site. You may not link directly to our Site without use of a Qualifying Link. You may post as many Qualifying Links to our Site as you like on a web application, provided that you ensure that each web application contains a Qualifying Link posted by you meets the terms of this Agreement, including without limitation, that such web application does not fall into the “unsuitable website” category described in Section 1, does not fall into the “prohibitions” set forth in Section 3, and you take responsibility for all websites on which you post a Qualifying Link in accordance with Section 10. The position, prominence and nature of links on a website shall comply with any requirements specified in this Agreement but otherwise will be in your discretion.
You understand and acknowledge that this Agreement is made between you and MyPM and is solely for the purpose of allowing you to link to our Site.
As a condition to your acceptance and participation in the Program, you agree to the following prohibitions:
A. General Prohibitions.
You may NOT:
- engineer any website or web application containing a Qualifying Link in such a manner that pulls Internet traffic away from our Site;
- publish, link to, sell, otherwise distribute, or place a Qualifying Link on the same page or in close proximity to any Objectionable Content. For purposes of this Agreement, “Objectionable Content” means any material, including textual, audio or video material, which is offensive (including hate speech or violence against a particular group of people); contains any nudity, explicit violence or sexual material; contains depictions of violent or sexual acts; is defamatory to any group or individual; or promotes alcohol, tobacco, violence, firearms, drugs, or gambling/lottery;
- attempt to modify or alter our Site in any way;
- make any representations, either express or implied, or create an appearance that a visitor to your website is visiting our Site, e.g., “framing” or “wrapping” the Site in any manner without first obtaining in advance our express written permission. Such requests must be made in writing and sent to MyPM, LLC, Attn: Affiliate Program Manager, 137 N. Main St. #142, Naples, NY 14512 or email@example.com.
- “scrape” or “spider” the Site or any other websites for content (such as images, logos or text);
- On behalf of MyPM, participate in Yahoo’s Search Submit Pro (SSP) Search Marketing Program;
- place our ads (Creatives) on, or participate in any way in, AdPrograms or Search Content Programs;
- link any Qualifying Link to any website other than our Site, including, for example, your own website;
- bid on our Tradenames at any website that provides search engine services and that results in driving traffic to any website, other than our Site, including your website;
- engage in any direct or indirect relationships with ISPs and/or mobile carriers that results in the delivery or act of address bar keyword and URL error trafficking (e.g., a user mistypes a web address in the ISP’s address bar or search bar, and, as a result, is redirected to a web page that contains a Qualifying Link that directs the user to our Site or sites that appear to be our Site).
- employ the use of any type of software download or technology which attempts to intercept or redirect traffic or Referral Fees to or from any website;
- use any Tradename (as defined in Exhibit A), or any Creatives (as defined in Section 2), provided to you as a result of your participation in the Program to advertise or engage in services which result in a sale occurring on your website, whether or not you then have the item fulfilled through our Site;
- without the prior written approval of MyPM, use any Tradename, Creative, or any Licensed Material in an advertisement that is not created or provided by MyPM in any way that might suggest or imply or mislead or is likely to mislead a visitor to your website into believing that MyPM was the creator or sponsor of such advertisement;
- re-distribute Creatives (as defined in Section 2) to websites which can reasonably be viewed as MyPM’s competitors;
- re-distribute, display or syndicate Creatives and/or our Site’s datafeed, including any product information set forth therein, to any third party partner, Program or agency;
- install spyware on another person’s computer; cause spyware to be installed on another person’s computer, or use a context based triggering mechanism to display an advertisement that partially or wholly covers, or obscures paid advertising other content on a website in a way that interferes with a person’s ability to view that website;
- display any material on a website containing a Qualifying Link which contains viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines;
- without the prior written approval of MyPM, use any widgets on your website that: (a) include any Tradenames (as defined in Exhibit A); (b) include any Creatives (as defined in Section 2); or (c) directly or indirectly sends traffic to our Site;
- post, publish, link to or place a Qualifying Link on the MyPM Facebook, Twitter, LinkedIn, or other social media page;
- forward, redistribute, or otherwise repurpose any or all Qualifying Links to any third party;
- release MyPM’s sales circulars, advertisements or other information prior to their authorized release dates; or
B. Prohibitions Regarding Use of Electronic Communications
Electronic Communication includes email messages, text messages, and any other form of non-verbal communication occurring without the use of physical mail. You may NOT do any of the following using Electronic Communication unless you first obtain in advance MyPM’s express written permission. Such requests must be made in writing and sent to MyPM,LLC Attn: Affiliate Program Manager, 137 N. Main Street #142, Naples, NY 14512 or firstname.lastname@example.org. You may not:
- generate or use Electronic Communication using or containing Tradenames (as defined in Exhibit A), or any variation or misspelling thereof, or products, or any of the Qualifying Links or URLS provided to you as part of the Program;
- send any other Electronic Communication that in any way suggests or implies or misleads or is likely to mislead (including without limitation, via the return address, subject heading, header information or message contents) a recipient into believing that MyPM was the sender or sponsor of such Electronic Communication or procured or induced you to send such Electronic Communication;
- forward, redistribute, or otherwise repurpose any Electronic Communication that MyPM sends to its affiliates and/or customers; and
- generate or send any unsolicited Electronic Communication (spam) under this Agreement.
C. Prohibitions regarding use of Tradename “MyPM”
In addition to the requirements and prohibitions regarding use of the Tradename set forth in Exhibit A, and incorporated herein by reference, you may NOT:
- use the Tradename in any manner not expressly authorized by this Agreement;
- use the Tradename, or any variation or misspelling thereof, in metatags, hidden text or source code, in your domain name or any other part of your URL as further detailed in Exhibit A;
- bid on keywords as further detailed in Exhibit A;
- bid on our Tradename at any website that provides search engine services and that results in driving traffic to any website, other than our Site, including your website;
- use MyPM’s or MyPM’s vendors or suppliers’ logos, tradenames, graphic images, product images, product references and similar identifying material unless expressly and specifically provided by MyPM for use in the Program.
In addition, you are bound to act in compliance with all applicable U.S. federal, state, and local laws and regulations, including without limitation, the CAN-SPAM Act of 2003 (“CAN-SPAM”) and the Children’s Online Privacy and Protection Act of 1998 (“COPPA”). You shall protect, defend, indemnify and hold harmless MyPM and related entities from and against any claims, actions, liabilities, losses, damages, costs or expenses, including without limitation, attorneys’ fees and costs of litigation, even if such claims are groundless, fraudulent or false, incurred by us or our parent or related entities arising out of any content or activity by you or on your website or resulting from or in connection with your violation of any of the terms or prohibitions contained in this Agreement or any law, rule or regulation, including without limitation, claims for violations of third party intellectual property rights, and rights of privacy, including but not limited to CAN-SPAM and COPPA.
4. Order Processing and Reports
MyPM will be responsible for all aspects of order processing and fulfillment of orders placed by customers who follow your Qualifying Links to our Site in accordance with applicable legal requirements. We reserve the right to reject orders that do not comply with any reasonable requirements that we periodically may establish. Among other things, we will prepare orders forms; process payments, cancellations, and returns; and handle customer service. Through the Affiliate Dashboard, you have the ability to track sales made to customers who purchase products using your Qualifying Links and you can review reports summarizing this sales activity. To permit accurate tracking, reporting, and commission accrual, you must ensure that your Qualifying Links are properly formatted. The form, content, and frequency of the reports are limited to those reports and capabilities available through the Program platform on our Site and may vary from time to time in our reasonable discretion. MyPM is not responsible for any changes to the format, timing, or types of reports available to Affiliates via the Affiliate Dashboard. MyPM will not be responsible for improperly formatted links regardless of whether you have made amendments to the code or not.
We will pay you Commission on certain product sales to third parties generated from our Site only. For a product sale to generate a Commission, the customer must:
- follow a Qualifying Link (in the format specified by MyPM) from a web application to our Site, in which case the coupon code will be automatically populated or manually entered;
- purchase the discounted product via our website;
- accept delivery of the product; and
- remit full payment to us.
We will pay to you Commission on the sale of Products that are purchased by a customer that uses your valid coupon code. Products that are entitled to earn Commission under the rules set forth above are hereinafter referred to as “Qualifying Products.”
6. Commission Schedule
You will earn Commission based on the sale price of Qualifying Products (as defined above), according to fee schedules to be established by MyPM. “Sale price” means the sale price listed on our Site and excludes costs for refunds, returns, chargebacks, cancellations, and taxes. The current Commission is available to you through the Affiliate Dashboard which is available to all members of the Program.
Because of our practice of continuing to add new items over time, certain newly added items may not be listed in the Commission database at the time purchases are made through your Qualifying Links. In addition, we reserve the absolute right and discretion to exclude items from our Commission database. Therefore, you acknowledge and agree that we cannot and do not warrant or guarantee that you will be paid a referral fee on every item(s) purchased via your Qualifying Link. You acknowledge that in such circumstances, you will accept the Commission and payouts actually paid to you. We reserve the right, at our sole discretion, to change, modify, add or remove Qualifying Products. If you have any questions concerning whether a certain item is eligible for Commission, please contact email@example.com.
7. Commission Payment
On the 1st day each calendar month, MyPM will initiate a payout for the Commission earned on Qualifying Products that were sold during the prior month, less any taxes that we are required by law to withhold from the final payment to you. If a customer returns a product that generated a Commission, you will see a deduction for the corresponding Commission from your next monthly payment. All determinations of whether a Commission is payable will be made by MyPM and will be final and binding.
8. Policies and Pricing
Customers who buy products through this Program will be deemed to be customers of MyPM without affecting their status as your customer. Accordingly, all MyPM rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers with respect to their transactions at our Site. We may change our policies and operating procedures at any time, consistent with applicable laws. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices may vary from time to time. You may include current price information in your product descriptions only if such information is provided to you by MyPM, provided that any price information must be accompanied with a statement on your website indicating to the user that in the event of any price difference between your web application and our Site, the price listed on our Site will govern. We will use commercially reasonable efforts to present current and accurate information.
9. Limited License; Restrictions
We grant you a limited, nonexclusive, nontransferable, revocable right to access our Site through the Qualifying Links solely in accordance with the terms of this Agreement and solely in connection with the Creatives (as defined in Section 2), only as provided to you by us, through the Affiliates Dashboard on our Site or by other means selected by us, and solely for the purpose of identifying yourself as a Program participant and to assist in generating the sale of MyPM products.
You acknowledge that this Agreement does not provide you with any intellectual property rights in the Creatives other than the limited rights contained herein. We reserve all of our rights in the Creatives and Products, and we reserve all other proprietary rights. You may not sublicense, assign, or transfer any such licenses for the use of the Creatives or Products, and any attempt at such sublicense, assignment or transfer is void. We may terminate your license to use the Creatives and Products for any reason at any time in our sole and absolute discretion. You agree to follow our Tradename Requirements in Exhibit A, as those may change from time to time. We may revoke your license at any time by giving you written notice.
10. Responsibility for Your Web Application or a Third Party Web Application on which you place a Qualifying Link (“Third Party Site”)
You will be solely responsible for the development, operation, and maintenance of your web application and for all content that appears on your web application. For example, you will be solely responsible for:
- the technical operation of your web application and all related equipment;
- creating and posting product descriptions on your web application or a Third Party Site and linking those descriptions to our Site;
- updating product information, content and item descriptions (including, but not limited to, product price and availability) within 24 hours of any update of such product information, content and/or item description at MyPM or from datafeed content provided through the Affiliate Dashboard;
- the accuracy, timeliness and appropriateness of content posted on your website (including, among other things, all product-related materials);
- ensuring that materials posted on your website or a Third Party Site do not violate or infringe upon the rights of any third party (including, for example, copyrights, tradename, privacy, or other personal or proprietary rights), or any term of this Agreement;
- monitoring your website content and the content of a Third Party Site to ensure your website or the Third Party Site does not publish, link to, sell or otherwise distribute Objectionable Content (as defined in Section 3);
- removing any Creatives and our tradename from your website or a Third Party Site as soon as any Objectionable Content appears on the website;
- notifying us of any Objectionable Content that appears or appeared on your website or a Third Party Site at any time during your participation in the program, even if you immediately removed the Objectionable Content per the requirements of this Agreement or for any other reason;
- ensuring that content posted on your website or a Third Party Site is not libelous or otherwise illegal; and
- notifying us of any malfunctioning of the Qualifying Links or other problems with your participation in the Program in accordance with the terms of this Agreement.
We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of your website.
11. Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Registration Form (Application) and will end when terminated by either party. You may terminate this Agreement at any time, with or without cause, by giving us (five) 5 days prior written notice of termination. We may terminate this Agreement immediately at any time, with or without cause, by giving you written notice of termination. Upon termination, all MyPM related content and links shall be promptly removed from your website. You are only eligible to earn Commission on sales of Qualifying Products occurring during the term, and fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. In the event overpayment is made by us, you agree to promptly remit such excess payment upon notification by us. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our Site. We will also make commercially reasonable efforts to notify you of such changes prior to or upon implementation. Modifications may include, for example, changes in the scope of available Commission, Commission Schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE AND/OR SENDING YOU THE CHANGE NOTICE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
13. Relationship of Parties
You and we are independent contractors, and nothing in this Agreement, our website, or our communications 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 website or otherwise, that reasonably would contradict anything in this Section.
You acknowledge that, by entering into and performing obligations under this Agreement, we do not assume and should not be exposed to the business and operational risks associated with your business, or any aspects of the operation or content of your website(s). Accordingly, in addition to any other indemnification obligations contained in this Agreement, you shall protect, defend, hold harmless, and indemnify us and our related entities from and against any and all claims, actions, liabilities, losses, costs, and expenses, even if such claims are groundless, fraudulent or false (including court costs and reasonable attorneys’ fees) incurred as a result of claims of customers or other third parties against us and our Affiliates, licensors, suppliers, officers, directors, employees, and agents arising from or connected with any of the content or activities of your website (including without limitation any activities or aspects thereof or commerce conducted thereon) or related business, or your misuse, unauthorized modification or unauthorized use of the services or materials provided by us hereunder.
15. Limitation 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 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 Program will not exceed the total Commission paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any Products sold through the 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 our Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors; however, we will make commercially reasonable efforts to correct errors or interruptions promptly.
17. 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. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATIONS, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
This Agreement will be governed by the laws of the United States and the state of New York, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts having jurisdiction and venue in or for Yates County, New York and you irrevocably consent to the jurisdiction of such courts. 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 enforceable against the parties and their respective successors and assigns. Our failure or agreement not to enforce your strict performance of any provision of this Agreement in a given instance will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
You shall not create, publish, distribute, make or permit any public announcement of this Agreement or the relationship contemplated hereunder, (including, but not limited to, any press release, client list, screen shot, advertisement or any promotional material) without first submitting such material to us and receiving our written approval, which we may withhold in our sole discretion.
Except as otherwise provided in this Agreement or with our prior written consent, you agree that all information including, without limitation, the terms of this Agreement, our business and financial information, our customer lists and purchase history, and our pricing and sales information, shall remain strictly confidential and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than you or your affiliates. Notwithstanding the foregoing, you may deliver a copy of any such information (a) pursuant to a subpoena issued by any court or administrative agency, (b) to your accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation or legal process, upon written notification to MyPM.
21. Remedies to MyPM
Violation of any of the terms or prohibitions contained in this Agreement may result in, among other things, (a) the immediate termination of this Agreement; (b) the withholding of Commission due to you; or (c) the commencement of an action by MyPM against you seeking, without limitation, injunctive relief, recovery of actual, statutory, or punitive damages.
We have the right in our sole and absolute discretion to monitor your website and social media platforms at any time and from time to time to determine if you are in compliance with the terms of this Agreement, and you agree to provide us with unrestricted access to your website for such purpose.
21. Contact MyPM
137 N. Main Street #142
Naples, NY 14512
Exhibit A – Tradename and Trademark (Service Mark) Requirements
These requirements apply to your use of the Tradename, “MyPM,” and our trademark/service mark (E.g., logo) belonging to MyPM, in content that has been approved by us.
- You may use the Tradename only for purposes expressly authorized by us.
- You may not modify the Trademark in any manner. For example, you may not change the proportion, color, or font of the Tradename or Trademark.
- You may not display the Tradename in any manner that implies endorsement of your website or business by MyPM outside of your involvement in the Program.
- You may not use the Tradename to disparage MyPM, its products or services, or in a manner which, in our reasonable judgment, may diminish or otherwise damage our good will in the Tradename.
- Our Trademark must appear by itself, with reasonable spacing (at least the height of the Trademark) between each side of the Trademark and any other graphic or textual image. You may place the Tradename or Trademark adjacent to competitive brands, subject to the requirements of this Agreement, including prohibitions against objectionable material and websites.
- You must include the following statement in your materials that include the Tradename: “MyPM is a tradename of MyPM, LLC. The MyPM logo is a trademark of MyPM, LLC.”
- You acknowledge that all rights to the Tradename and Trademark are our exclusive property and all goodwill generated through your use of the Tradename will inure to our benefit.
- YOU MAY NOT USE MYPM, MYPM, LLC, OR ANY VARIATION OR MISSPELLINGS THEREOF, IN METATAGS OR TO DIRECT TRAFFIC TO ANY WEBSITE OTHER THAN OUR SITE; YOU MAY NOT USE MYPM, MYPM, LLC, OR ANY VARIATIONS OR MISSPELLINGS THEREOF, IN HIDDEN TEXT OR SOURCE CODE ; YOU MAY NOT USE MYPM, MYPM, LLC, OR ANY VARIATIONS OR MISPELLINGS THEREOF, IN YOUR DOMAIN NAME OR ANY OTHER PART OF YOUR UNIVERSAL RECORD LOCATOR.
- You may not bid on any keyword or on any Pay per Click Search Engines (PPCSEs) where such keyword is one of our Tradename or any variation or misspelling of one of our Tradename (see the non-exclusive list of examples set forth below in Section 15). Further, you may not bid on any word or term that is confusingly similar to any of our Tradenames standing alone. You may, however, bid on keyword strings that incorporate our Tradenames (e.g., “MyPM e-book “, “MyPM templates”); provided, however, that such permissible keyword strings must be used in a manner that directs traffic only to our Site.
- You may not employ any “fat finger” domains or typosquatters redirecting web traffic to your website. A typosquatter for “fat finger” domain is any domain that amounts to misspellings of any registered or unregistered Tradenames.
- You may not bid on any keyword or on any PPCSEs that is one of our competitors’ Tradenames (or a derivation of a competitor’s Tradename), or any other word or term that is likely to cause confusion regarding its affiliation with the competitor.
- MyPM may, in its sole discretion, terminate your affiliation with us or withhold payment of your Referral Fees for the days that we determine that you were bidding in violation of the keyword bidding requirements above.
- The list below sets forth examples of impermissible keywords, “fat-finger” domains, and variations of our Tradename that you may not bid on. The list is for example purposes only and is not a complete list of prohibited words which infringe our Tradename, and therefore violate a term of this Agreement.
We reserve the right in our sole discretion to modify these requirements at any time.
Exhibit B – Programs & Sub-Affiliates
These requirements apply to your use of the Program as a Program. In this section, a “Program” is defined as any Affiliate that operates one or more websites as sub-affiliates through one (1) Application to the Program.
- You agree to all the terms and conditions of this Agreement, including all attached Exhibits, on behalf of all sub-affiliates operating under the Program and are responsible for any action or inaction by such sub-affiliates.
- You must seek prior written approval from MyPM before choosing to operate as a Program. Such requests must be made in writing and sent to MyPM, LLC, Attn: Affiliate Program Manager, 137 N. Main Street #142, Naples, NY 14512 or to firstname.lastname@example.org.
- You must provide to MyPM a list of all sub-affiliates working within your Program within twenty-four (24) hours of any request from MyPM.
- Any violation of this Agreement by any sub-affiliate may result in immediate termination of the entire Program from the Program.
Last Updated: August, 2022