Affiliate Portal: Programs: Focalex: Terms

Focalex Affiliate Program

Focalex may change these terms of service at any time, without notification, though changes will be posted at http://solutions.focalex.com/programs/focalex/terms.mpl. Affiliates agree to abide by the changes within 7 days of the posting.


Focalex Affiliate Payout System

  • The Focalex pay rate is $0.30 USD per confirmed email subscriber, using our double opt-in process.
  • Focalex also has a two-tier system, whereby you are paid for confirmed signups generated through webmaster referrals. If you refer a webmaster through special linking code, you will be credited for the confirmed signups that webmaster generates at a rate of $0.03 USD. This bonus will continue for six months from the time of webmaster signup. Be aware that this bonus will not be paid for (and will be corrected in your monthly statistics) if the referred webmaster is terminated from the Focalex Affiliate Program for any reason.
  • Focalex also has a popunder program, where you earn $1.00 CPM (cost per thousand), based upon uniques across the network.
  • Focalex reserves the right to set different pay rates for specific affiliates.
  • There is a minimum payout balance of $25 required for a check to be issued. If the balance of an affiliate's account is less that $25, the balance will roll over to the following month or until the minimum payout balance is met.
  • Focalex pays on a monthly basis and issues checks 30 days into the next month. For example, if the month in question is July, then the affiliate will usually be sent a check around August 30.
  • Focalex will consider a check forfeited if it is not cashed or inquired about within 6 months.
  • Focalex features a Late Confirm Tool, which tallies late confirmed subscribers from the previous month. These subscribers are then tallied into an affiliate member's total payout for the month. Late Confirms can be viewed within the affiliate members subscription statistics.

Focalex Does Not Permit

  • Affiliate members are not permitted to use Focalex sign up forms within a co-registration or automated transfer process. Focalex is under no obligation to pay for subscribers generated using either of these methods. The form action for subscription must be to Focalex servers, and initiated by the surfer. Failure of an affiliate in this regard will result in Focalex canceling all payments due to that affiliate.
  • Affiliate members are not permitted to display a Focalex signup form on mailing list unsubscribe pages. Focalex wants to protect the risk of SPAM complaints that are often associated with this type of form implementation. Focalex is under no obligation to pay for signups generated from unsubscribe pages.
  • Any affiliate whose site promotes or contains content pertaining to Warez, Bestiality, Rape, Child Pornography, acts of violence, or other illegal content will have their accounts terminated immediately.
  • Sites that promote illegal activity, anti-government activity or discrimination based on race, sex, religion, sexual orientation or physical disability are not permitted to participate in Focalex's affiliate program.
  • Affiliate members are not permitted to require a subscription and/or a confirmation to Focalex's lists in order for the surfer to obtain username information and password information for the purposes of accessing otherwise inaccessible directories and pages of the affiliate member's site or any other site. Webmasters, affiliate members and site overseers who are affiliated with the Focalex program are not permitted to require a subscription/confirmation to Focalex's lists in order for a surfer to access an FTP site of any sort, including (but not limited to); MP3 files, warez, pornography or any illegal content. There are no exceptions to these policies.
  • Affiliate members are not permitted to require a subscription to any of Focalex's lists in order for the user to receive any type of goods and/or services. In addition, the affiliate member may not offer goods and/or services for the purpose of enticing a user to subscribe to their sign up form. There are no exceptions to these policies.
  • Any affiliate who violates or infringes upon 3rd party copyright, trademark, patent, or any intellectual property rights will have their account terminated immediately, this includes, but is not limited, fraudulent activity against any other program. Termination will result if you are found to be profiting from the false submission of names, using executable files to scam other online ventures and/or if you are in any way committing fraud against 3rd party companies.
  • Any affiliate found to have defrauded any other sponsor will have their account terminated immediately.
  • Focalex does not condone spam by affiliates to generate subscribers or webmaster referrals. This includes, but is not limited to, spam via email, instant messaging, ICQ, chatrooms, messageboards, or online forums. Unsolicited advertising in any form is not condoned by Focalex in any manner. Any member of the Focalex Affiliate Program involved in any of these types of activity will be terminated from our program and will receive no compensation for their account activity (including any webmaster referral signups). Focalex has strict anti-spam policies regarding Internet programs.
  • Affiliates may not keep a copy of any of the names or associated data they generate through the Focalex program. Focalex retains sole and exclusive rights to this data.
  • Focalex affiliates are restricted to only one account per individual, company, or organization. Affiliates with multiple accounts may be terminated without compensation for earnings on their account.
  • Focalex Affiliate/Webmaster members must have a site with content in English.
  • Focalex deals primarily with US-oriented clientele, so may require majority or certain percentage US targeting. This is to help maintain our high pay rate to webmasters, as well as provide quality assurance for our clients. Focalex reserves the right to reduce pay rates for signups or popunders based upon country distribution retroactively. If the country distribution is especially low, Focalex may deem it unacceptable, and not pay for any of the activity.
  • Focalex does not allow adult-oriented sites into its network which includes, but is not limited to, pornographic sites.

Focalex Reserves The Right...

  • Due to the high incidence of fraud and the difficulty in monetizing subscribers from certain foreign countries, Focalex is not obligated to pay for names or traffic from Russia, India, Pakistan, Turkey, Brazil, Malaysia, or China. Focalex reserves the right to add other countries to this list without notification.
  • Focalex reserves the right to terminate any affiliate for any reason, including but not limited to, fraud or suspected fraud. Fraud includes, but is not limited to, the submission of unauthorized email signups, the creation of new email addresses for submission by the affiliate, or changing HTML or other code related to the affiliate program. Focalex is not obligated to pay the balance of a terminated affiliate's account.
  • Referring an affiliate who already exists in the affiliate database is not supported by Focalex. Doing so may result in your termination from the program without compensation.
  • Affiliates will not receive referral commissions from referred affiliates who are terminated from the program for any reason.
  • Focalex reserves the right to suspend and/or cancel payment to an affiliate who has been found to have altered, changed and/or modified the HTML of the Focalex sign up form. The Focalex sign up form must be in its original format, which must contain the original amount of lists, the proper pre-checked boxes, an email and zip code form submission field, and two links (OTHER GREAT LISTS & WEBMASTERS-MAKE MONEY). Permission is needed to make modifications. Contact us for details.
  • Focalex reserves the right to change the terms and conditions of their affiliate program without prior notice, including the right to discontinue this program. In the event that Focalex discontinues its affiliate program, it will pay all affiliates the balance of their accounts.
  • The affiliate agrees to defend, indemnify, and hold harmless Focalex and its directors, officers, agents, and employees for any and all losses, costs, liabilities or expenses (including, without limitation, reasonable attorneys' and expert witnesses' fees) incurred or arising from (a) any breach of Affiliate's Covenants, (b) any user-generated content or (c) any claims arising from the sale or license of goods or services promoted or made available through the Campaign. Focalex's indemnity rights shall not be limited or offset by any contributory negligence by Focalex. Focalex may participate in the defense at its expense.
  • From time to time Focalex may send e-mail to affiliates with regard to system updates, promotions, or offers. Affiliates agree to receive this e-mail by signing up for the Focalex Affiliate Program. This e-mail is provided on an opt-out basis -- an affiliate can unsubscribe from receiving these updates.
  • Focalex is not obligated in any way to reveal the reasons for termination of referred affiliates.
  • Focalex will not release information on an affiliate unless fraud and/or abuse has been committed against a third party program. The final decision regarding account status and information will be made by Focalex in the case of a request for information by a third party program/venture.
  • In addition, Focalex reserves the right not to pay for names from particular Internet Service Providers, based upon poor past or present performance issues.

Get Pre-Approval First...

  • Sites that provide free email services are eligible to join the program ONLY if pre-approved by Focalex. If you run a free email program and would like to be considered for the Focalex Affiliate Program, please contact us.

Participating Countries

  • The following countries are eligible to participate in the Focalex Affiliate Program: Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain, Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brunei, Burkina Faso, Burundi, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, Comoros, Congo (Brazzaville), Congo, Democratic Republic of, Cyprus, Cote d lvoire, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hong Kong, Iceland, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kiribati, Laos, Lesotho, Liberia, Liechtenstein, Luxembourg, Macedonia, Madagascar, Malawi, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Moldova, Monaco, Mozambique, Myanmar, Nambia, Nauru, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, North Korea, Norway, Palau, Panama, Papua New Guinea, Paraguay, Peru, Portugal, Qatar, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and The Grenadines, Samoa, San Marino, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Solomon Islands, Somalia, South Africa, South Korea, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Tanzania, Togo, Tonga, Trinidad and Tobago, Turkmenistan, Tuvalu, Uganda, United States, United Kingdom, Uruguay, Vanuatu, Vatican City, Venezuela, Vietnam, Western Sahara, Zambia, Zimbabwe.
  • If there is any question regarding eligibility and participation with our Affiliate Program contact us. Focalex's decisions to exclude particular countries are based upon observed and witnessed behaviors of Internet regulations, unreliable mail delivery systems, and the serious scope at which fraudulent behaviors occur.
  • Focalex reserves the right to change these terms of eligibility.

What Is Required From The Affiliate?

  • Affiliates are required to enter a Federal Tax ID or Social Security Number on the sign up form. We will register a 1099 for all U.S. domestic entities to whom we issue combined yearly payments of $600.00 or more in accordance with federal law. Failure to provide this information will cause your payment to be delayed or withheld.

Focalex's System Liability

  • Focalex's systems are responsible for tracking affiliate accounts, and is not liable for system downtime. Historically, Focalex has provided downtime compensation. Provided that downtime compensation is offered, Focalex will determine the exact amount of compensation. Each case is unique and the compensation depends upon the effect to subscriptions and payments. Focalex will have any and all final judgments regarding downtime compensation.
  • Focalex's files will prevail in determining the amount of valid email subscribers an affiliate has generated.
  • Focalex disclaims any and all liability with regard to the operation of affiliate sites. These sites are outside of Focalex control, and as such Focalex cannot be held responsible for their actions.
  • The minimum age for participation is 18.
  • Focalex's service is made available to you "AS IS" and "AS AVAILABLE", and Focalex makes no warranty as to its use or performance.
  • The potential affiliate warrants that he or she has the legal capacity to enter into a binding contract, and, if appropriate, has the authority to bind his or her principal or employers to the agreement.

Focalex Affiliate Members Must...

  • As an affiliate member YOU have to regard the following: upon termination of an affiliate's account, the affiliate member must immediately cease using Focalex names, forms, banners, buttons, popup consoles, images and representations of Focalex thereof on their site.

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