Partner Program Terms and Conditions
A. All websites, newsletters, companies, or individuals need official approval
from Colton Enterprises before they can become an Affiliate Partner ("Affiliate").
Only websites and newsletters that have been reviewed and approved are permitted
to use the programs. Colton Enterprises reserves the right to withhold or refuse
approval on any website, newsletter, company, or individual for any reason,
whatsoever.
B. In order to be eligible for Affiliate approval, all websites and newsletters
must meet the following criteria:
i. Be content-based, not simply a list of links or advertisements, nor can the
site be centered around making money off of our Advertisers.
ii. The general content of your site must be appropriate and effective for offering
our product lines.
iii. Be written in English and contain only English language content.
iv. Provide simple, logic and intuitive navigation to its users.
v. Cannot offer incentives to users to click on ads; incentives include but
are not limited to awarding them cash, points, prizes, contest entries, etc.
vi. Be fully functional at all levels; no "under construction" sites
or sections.
vii. Spawning process pop-ups and exit pop-ups are prohibited.
C. The content of the website and/or newsletter cannot contain any adult content
nor link from, or to, any adult materials including but not limited to:
i. Explicit,
vulgar or obscene language
ii. Posting or referencing of sexually explicit images or other offensive content.
iii. Promotion of adult services, such as phone sex or escort services.
D. The content of the website and/or newsletter cannot infringe on any personal,
intellectual property or copyrights including but not limited to:
i. Racial,
ethnic, political, hate-mongering or otherwise objectionable content.
ii. Investment, money-making opportunities or advice not permitted under law.
iii. Gratuitous violence or profanity.
iv. Material that defames, abuses, or threatens physical harm to others or to
you.
v. Promotion of illegal substances or activities such as illegal online gambling,
how to build a bomb, counterfeiting money, etc.
vi. Software Pirating (e.g., Warez, Hotline).
vii. Hacking or Phreaking.
viii. Any illegal activity whatsoever.
ix. Any questionable or controversial subject matter that is such in our sole
determination.
x. Any spoofing, redirecting, or trafficking from adult-related websites in
an effort to gain traffic.
E. You cannot place our advertisements into your framed environment, unless
approved by Colton Enterprises in writing.
F. Your website 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 Colton Enterprises.
G. In order to be approved as an Affiliate, all websites and newsletters must
meet the following criteria:
i. Be content-based,
not simply a list of links or advertisements, nor can the site be centered around
making money off of our Advertisers .
ii. Cannot offer incentives to users to click on ads; incentives include but
are not limited to awarding them cash, points, prizes, contest entries, etc.
iii. Spawning process pop-ups and exit pop-ups are prohibited.
H. You cannot send Unsolicited Commercial Email (i.e., SPAM). You cannot post
any specific messages to newsgroups, chat rooms, bulletin boards or any other
places unless expressly approved in writing from Colton Enterprises. You can
post messages which are generic in nature and do not mention any specific client
or offer, which are expressly pre-approved in writing from Colton Enterprises.
I. If you fraudulently add leads, sales or clicks or inflate leads, sales or
clicks by fraudulent traffic generation (as determined solely by Colton Enterprises,
such as pre-population of forms or mechanisms not approved by Colton Enterprises,
you will forfeit your entire commission for all programs and your account will
be terminated. Colton Enterprises reserves sole judgment in determining fraud,
and you agree to this clause.
J. It is the OBLIGATION of the Affiliate to prove to Colton Enterprises that
they are NOT committing fraud. Colton Enterprises will hold your payment in
'Pending Status' until you have satisfactorily provided evidence that you are
not defrauding the system. We flag accounts that:
i. Have click-through rates that are much higher than industry averages and
where solid justification is not evident.
ii. Use fake redirects, automated software, and/or fraud to generate clicks
or leads from our programs.
iii. Use fraudulent credit cards, billing addresses or shipping addresses.
K. Filling out this form constitutes an agreement between Colton Enterprises
its successors, assigns and entities in interest and the Affiliate. The commission
payment that is generated to the Affiliate varies per registered subscriber
to the programs offered and/or per sales. This commission payment is made approximately
60 days after the end of the
month for retail orders only generated by the affiliate's Web site(s). An Affiliate
will receive credit for a sale if the user makes a purchase within 120 days
after first arriving at the Colton Enterprises web site from the affiliate.
This is tracked with a cookie which is placed on the user’s computer.
The cookie will reset for an additional 120 days after each
subsequent sale from the same user. Colton Enterprises does not pay commissions
for orders that are sold on a wholesale basis to resellers of our products.
Commission payment totals must exceed $25.00, otherwise this payment will not
be made until the $25.00 minimum is reached. Prior to generating commission
checks, Colton Enterprises compares the sales information initially captured
by our affiliate system at the time the order was placed online to what has
actually physically shipped. Since our online affiliate reporting only captures
the sale amount and confirmation
number at the time the order was placed, the actual order amount shipped sometimes
changes or the order is cancelled due to declined or fraudulent credit cards,
changes in inventory, bounced checks and adjustments to orders.
Therefore, when you access your account, you may see changes in the sales reporting
due to these circumstances.
L. Affiliate
agrees not to carry objectionable materials on their website which would revoke
their affiliation as determined by Colton Enterprises. Affiliate will only run
approved banners and text in their advertising of our programs and will NOT
create their own banners or advertising text, unless expressly approved in writing
from Colton Enterprises. Violation of
this forfeits your commissions. Affiliate WILL NOT spam or send unsolicited
email mentioning or promoting the Affiliate programs. Any violation of this
will result in the Affiliate being liable for damages of $1.00 per email sent
and other damages as deemed by a court of law.
M. Editing
of an Advertiser's program images or copy is strictly prohibited. Affiliate
will only use approved banners and text to link to an Advertiser's sign-up pages.
Affiliates will not mislead people to make it seem that they are signing up
for an offer that is offered by the Affiliate site. Affiliate 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.
N. Colton
Enterprises reserves the right to terminate any Affiliate'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 will be paid during
the next billing cycle. If Affiliate defrauds the system, then payment is revoked
as determined solely by Colton
Enterprises.
O. You
guarantee that all content, products, and services on your website are legal
to distribute and that you own or have the legal right to use any and all copyrighted
material. You further agree that your use of any trademark, tradename or copyrights
material is either owned by you or you have written permission to use such materials
from the written owner.
P. Affiliate
irrevocably covenants, promises and agrees to indemnify Colton Enterprises and
to hold Colton Enterprises 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 member's web pages.
Q. If any
Affiliate violates or refuses to take part in their responsibilities, or commits
fraudulent activity against us, Colton
Enterprises reserves the right to withhold payment and take appropriate legal
action to cover its damages.
R. Colton
Enterprises may amend this agreement at any time by sending to Affiliates, by
email, and Affiliates are responsible for complying with any changes to the
contract within 10 calendar days from the date of change. Failure of the Affiliate
to terminate the agreement within those 10 calendar days will constitute acceptance
of the changes to this contract.
S. Colton
Enterprises 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 Colton
Enterprises or its upstream providers.
T. You
agree to settle any dispute under this agreement under the laws of the State
of Texas. Any litigation arising under this Agreement will be brought in the
federal or state courts situated in Dallas, Texas and you consent to the jurisdiction
of such courts.
U. Any
legal action taken by an advertiser, agency, client, person, or entity against
Colton Enterprises for actions of you (the affiliate) that violate these terms
and conditions, you accept that Colton Enterprises will work with the advertiser,
agency, client, person, or entity to divulge your personal information. You
also agree that Colton Enterprises is not
liable for your actions, and you will bear all costs (legal or otherwise) that
Colton Enterprises incurs if Colton Enterprises is sued by advertiser, client,
agency, person, or entity.
V. 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.
W. You must be 18 years or older to sign up as a Colton Enterprises affiliate.