Affiliate Portal: Programs: TAF Master: Terms

TAF Master Affiliate Program

The following are the terms and conditions for affiliates of the TAF Master affiliate program. Publishers must agree to these terms before being accepted into the program. TAF Master may change these terms of service at any time, without notification, though changes will be posted at this URL (http://solutions.focalex.com/programs/tafmaster/terms.mpl).

Affiliates agree to abide by any changes within seven days of the posting. Continued use of the program after those seven days implies an implicit agreement and binding acceptance of any changes. If you do not agree to the terms, you must cease account activity immediately and contact us.

TAF Master Affiliate Payout System

TAF Master uses a revenue share model to compensate its affiliates. For all paid advertising options, affiliates will earn a percentage of the revenue from the TAF Master system attributable to their users. This percentage is listed on the TAF Master Web site, but may be changed at any time at TAF Master's discretion, or set to a different rate by TAF Master on an individual account basis. TAF Master will cover costs such as fixed costs, overhead, and bad debt from its portion of the revenue.
This current share percentage is set at Sixty (60) percent of the revenue generated going to affiliates, with Focalex retaining Forty (40) percent.
TAF Master additionally will reject data and not count as a part of an affiliate's activity any data that is deemed invalid. This includes, but is not limited to, fraudulent data, invalid e-mail addresses, completion of the TAF Master form by persons under the age of 13, or submissions from countries not appearing on the list of eligible countries.
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 than $25, the balance will roll over to the next month, until the minimum payout balance is met. If you terminate your activity and do not meet the minimum payout, TAF Master reserves the right to withhold payment.
If an affiliate's account has been terminated due to violation of these terms and conditions, TAF Master reserves the right to cancel any outstanding payments due to that affiliate.
TAF Master pays on a monthly basis and issues checks typically 30 days after the month's completion.
Checks not cashed or inquired about within 6 months will be considered forfeited.
TAF Master may use one coreg checkbox for building its own mailing list without additional compensation, just as it allows affiliates to build their own lists at no cost.
TAF Master reserves space in the e-mail for a link back to the TAF Master affiliate program, which is not part of the revenue share.
Because the exact amount of revenue earned from third party advertisers will not be immediately available, TAF Master will make best estimates of third party advertising revenue and apply it to affiliate statistics. These estimates are updated hourly or when TAF Master receives new information. Thirty days after the end of the month, all earnings for that month are finalized, and checks are issued.
From time to time TAF Master may adjust the rate subject to revenue share with affiliates for an advertisement or advertiser to compensate TAF Master for special costs, support, development or risks associated with that advertisement or advertiser.
TAF Master's statistics will prevail in determining the amount of revenue an affiliate has generated.
As a general rule, TAF Master pays for downtime. TAF Master is under no obligation to do so, and is not liable for system downtime, downtime caused to a site by use of the form, or any other types of downtime attributable to the system. TAF Master's policy is to pay double the lost earnings attributable to a downtime period.

TAF Master Rewards

TAF Master Rewards is an incentives-based program, rewarding affiliates for their use of TAF Master. This program is only open to TAF Master affiliates with accounts in good standing.

Points are accrued at a rate of one point per dollar earned. TAF Master reserves the right to change this rate, through a change to these terms and conditions.
From time to time, TAF Master may award additional points as part of a promotion, contest, or to reward particular affiliate behavior. Your eligibility for these will be determined by TAF Master at its sole discretion.
Points can be redeemed for prizes, specified by TAF Master.
Any additional fees or applicable taxes are the responsibility of the affiliate.
Additional prize points may be required to redeem a prize for non-US affiliates due to increased shipping amounts or other costs.
TAF Master reserves the right to issue a prize of equal or greater value as a substitute for a prize requested.
Images displayed on the rewards page may differ from the actual prize.
TAF Master reserves the right to change point values for prizes at any time, or change the prizes themselves, at its discretion.
Points will be available for redemption roughly 30 days after the end of a given month. For example, points accrued for March earnings will be available on May 1. Points may remain pending if an account is under investigation.
Points cannot be transferred between accounts or individuals.
Points accrued from earnings that are invalidated due to violation of these terms and conditions will be forfeit. Points accrued from affiliates terminated due to inactivity will be forfeited. Affiliates that are reinstated will have no claim to previously accrued points.
Points have no cash value and cannot be redeemed if the TAF Master Rewards program is discontinued.
Points are not accrued for referred earnings under the TAF Master Referral Program.
TAF Master reserves the right to cancel this program at any time, with notice posted in these terms and conditions.
Points are void where prohibited by law.

TAF Master Referral Program

You can always find the latest payment model at http://www.tafmaster.com/affiliates/referrals/.
Webmasters will not receive the referral bonuses for referred webmasters who are terminated from the program for any reason.
TAF Master is not obligated in any way to reveal the reasons for termination of referred webmasters.
Referring a webmaster who already exists in the webmaster database is not allowed by TAF Master. Doing so may result in your termination from the program without compensation.
TAF Master does not condone spam by webmasters to generate 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 TAF Master in any manner. Any member of the TAF Master 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 bonuses). TAF Master has strict anti-spam policies regarding Internet programs.
TAF Master reserves the right to change bonus amounts at any time, or change the sends threshold, at any time.
TAF Master reserves the right to cancel this program at any time, with notice posted in these terms and conditions.

Eligibility

Applicant must be at least 18 years or older.
Applicant 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.
Applicant must be based in the United States, Canada, United Kingdom, or Australia. This means that the primary address of the applicant's company, as well as the servers of the applicant's company, are based in one of these countries.
Applicant must have a site predominantly in English.
Applicant must have traffic primarily targeted to the United States. TAF Master reserves the right to set specific minimum percentages of U.S. traffic, with or without notification, for beginning and continued use of the service.
Applicant must be manually approved before beginning activity in the TAF Master system. Submitting an application to this program constitutes an implicit, binding acceptance on the part of the applicant of the terms and conditions outlined herein, upon beginning account activity. Submission of an application is not an indication that the applicant is affiliated with or approved by this program.
Applicant may have his or her application rejected for any reason at TAF Master's discretion, with or without explanation.
Applicant or company that applicant represents must own his or her own top level domain(s) and use TAF Master forms only on those domains.
Applicant must have no less than 1,000 unique visitors a day.
If you do not meet the eligibility requirements specified above, but have quality, U.S.-targeted traffic, you may contact us to request manual approval. You will need to send detailed breakouts of your traffic, demographic details, and other TAF Master-requested site details for approval.

Affiliate Responsibility

The affiliate will be responsible for the items in this section, as well as the conditions outlined in this entire document. Failure to maintain these responsibilities can result in payment delay, cancellation of payments, or termination of account (with or without pay). It is at TAF Master's discretion how to proceed.
The affiliate is responsible for maintaining a valid e-mail address and phone number, provided to TAF Master. This is for use in support, investigations, urgent updates, and quality assurance.
The affiliate is responsible for maintaining correct information in their profile, such as mailing address. This helps ensure the best quality of service, by preventing delays in payment due to invalid address and providing information for customer service. The affiliate will be responsible for the cost of cancellation and re-issue of a check, if the affiliate provided inaccurate postal mailing information.
The affiliate must respond to communication requests in a timely manner. Timely means that an affiliate must reply within seven days of a communication request. Failure to do so can result in delayed payments or even termination of account.
The affiliate may not assign this agreement, in whole or in part, to any other party without prior written consent from TAF Master.
The affiliate must have a privacy policy in place, outlining their practices with regards to personally identifiable information (including cookies) to their users.
The affiliate must have the right and authority, in accordance with their own privacy policy, to facilitate users submitting personal information, such as email address, to TAF Master.

Unacceptable Behavior

An affiliate that exhibited any of the unacceptable behavior defined in this section may be subject to cancellation or reduction of earnings, at TAF Master's discretion. This cancellation or reduction may be applied against past, current, or future earnings, at TAF Master's discretion. In addition, TAF Master reserves the right to terminate the affiliate, without notice or explanation, upon discovery of any of these instances of unacceptable behavior on the part of the affiliate.
An affiliate is not permitted to send traffic of primarily non-U.S. origin through the TAF Master system. TAF Master may require a certain minimum percentage of U.S. traffic, which TAF Master may or may not disclose.
An affiliate is not permitted to use misleading advertising, text, or linking code with regards to any part of the TAF Master service. This includes links to TAF Master forms, as well as content within TAF Master forms and e-mail messages.
An affiliate is not allowed to offer incentives for the use of TAF Master forms. This includes, but is not limited to, behavior such as requiring TAF Master usage to gain access to protected or hidden directories (including FTP); receiving discounts, coupons, points, or cash rewards for usage of TAF Master; or requiring TAF Master usage before allowing any particular activity, online or otherwise.
An affiliate may not artificially inflate traffic counts, inflate the use of any of TAF Master's services, and/or submit fake registration requests to any of TAF Master's services.
An affiliate is not allowed to automate the submission of data to the TAF Master system, such as by script, automated process or bot.
An affiliate is not allowed to perform or continue to perform any activity that would make them ineligible for participation in the program. Those items are outlined above, in the section "Eligibility."
An affiliate that has defrauded any other sponsor is subject to termination, with or without pay, at TAF Master's discretion.
An affiliate is not allowed to create more than one affiliate account per individual, company or organization, without prior approval from TAF Master. TAF Master provides the means to generate forms for multiple sites from one account, rendering the need for multiple accounts unnecessary. Creating more than one affiliate account may result in termination of all accounts, as well as cancellation or reduction of earnings, at TAF Master's discretion.
An affiliate is not allowed to run TAF Master forms on a site without content in the English language.
An affiliate may not violate or infringe upon third party copyright, trademark, patent, or any intellectual property rights.
An affiliate is not allowed to alter, edit, or otherwise modify the linking code provided by the TAF Master system without prior approval from TAF Master.
An affiliate must not use TAF Master on any site that promotes or contains content pertaining to warez (pirated software), bestiality, rape, child pornography, sexually explicit materials (including, but not limited to animation), acts of violence, defamatory language, illegal activity, anti-governmental stances, discrimination in any form (including, but not limited to, race, sex, religion, sexual orientation, or physical disability), or any other illegal content.
An affiliate is not allowed to reverse engineer, attempt to bypass, or otherwise try to use the system outside of normal TAF Master system usage.
An affiliate is not allowed to engage in spam in any form, including, but not limited to, the following: posting TAF Master URLs in chat rooms, ICQ, message boards, bulletin boards, guest books, IRC, or newsgroups; sending unsolicited bulk e-mail (UBE), either in promotion of TAF Master or otherwise; or marketing through individuals or businesses that engage in the aforementioned methodologies.
An affiliate is not allowed to use TAF Master-provided content (including, but not limited to, linking images, HTML, code, and site content) marked for exclusive use, unless that affiliate uses TAF Master exclusively for tell-a-friend services on that site (domain).
An affiliate is not allowed to publish, redistribute, or in any other way publicly disseminate the content of end user messages generated through use of the TAF forms, either in original or derivative forms. This data is to provide the affiliate with direct feedback on their pages, and not for any other use.

Information Collection

TAF Master maintains an affiliate newsletter list, to which publishers sign up at account creation. From time to time TAF Master may send e-mail to affiliates with regard to system updates, promotions, or other offers, including, but not limited to, a monthly newsletter. Affiliates agree to receive this e-mail by signing up for the TAF Master Affiliate Program. This e-mail is provided on an opt-out basis - an affiliate can unsubscribe from receiving these updates at any time by following the unsubscribe instructions within the e-mail, or by contacting us.
In addition, TAF Master reserves the right to send e-mail to affiliates to the addresses they have on file, for important announcements or other communications. This is necessary for support, quality assurance, fraud investigations, and general customer relations management.
TAF Master will not release information on an affiliate except in cases of fraud, suspected fraud, abuse, suspected abuse, fraud against a third party sponsor, or at law, civil, or governmental request. Whether or not this information will be released is at TAF Master's discretion.
Affiliates based in the United States are required to enter a Federal Tax ID or Social Security number on their application. We will register a 1099 for all U.S. domestic entities to which we issue combined yearly payments of $600.00 or more in accordance with federal law. Failure to provide this information will cause payment to be delayed or withheld.

Rights Reserved

TAF Master reserves the right to terminate any affiliate for any reason, including, but not limited to, fraud, suspected fraud, abuse, suspected abuse, violation of these terms and conditions, or fraud against a third party sponsor.
TAF Master reserves the right to suspend, reduce, or cancel payment to an affiliate that has been found to have violated these terms and conditions or is suspected of violating these terms and conditions. These changes to payment can be made retroactively, and may be applied against past, current, and future earnings at TAF Master's discretion.
TAF Master reserves the right to discontinue this program at any time. In the event that TAF Master discontinues its affiliate program, it will pay all affiliates the balance of their accounts, provided they exceed minimum payout. In cases where an affiliate's outstanding earnings are less than the minimum payout, those earnings may be cancelled at TAF Master's discretion.

Upon Termination of Agreement

An affiliate that is ending their affiliation with TAF Master, be it through their decision, TAF Master's decision, or violation of these terms and conditions, must do the following: the publisher must immediately cease and desist the usage of TAF Master names, forms, banners, buttons, popup windows, popunder windows, images, and any other representations of TAF Master on their site. This must be done within twenty-four hours of notification of termination.

Severability

If any provision of this document is deemed unenforceable or illegal, the remaining provisions shall remain in full force, and shall not be negated or invalidated. The provision deemed unenforceable or illegal shall be modified by both parties to carry out the intention of the provision as noted in this document.

Indemnity

TAF Master's system is made available "as is" and "as available," and TAF Master makes no warranty as to its use or performance.
TAF Master disclaims any and all liability with regard to the operation of its affiliate sites. These sites are outside of TAF Master's control, and as such TAF Master cannot be held responsible for their actions.
The affiliate agrees to defend, indemnify, and hold harmless TAF Master 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; (c) affiliate's use of e-mail addresses provided through the TAF Master service; (d) any affiliate's conduct, including, but not limited to any violation by the affiliate of the CAN-SPAM Act of 2003; and / or (e) the conduct of any other associated with the affiliate's providing of data, including, but not limited to, any violation of the CAN-SPAM Act of 2003. TAF Master's indemnity rights shall not be limited or offset by any contributory negligence by TAF Master. TAF Master may participate in the defense at its expense.

Governing Law

This agreement will be governed by the laws of the United States of America and the Commonwealth of Massachusetts.
Any action relating to this agreement must be brought in the courts located in Massachusetts, and the affiliate irrevocably consents to the jurisdiction of such courts.

ADDITIONAL TERMS AND CONDITIONS FOR AFFILIATES USING tafbar^tm.

These terms specifically relate to the use of tafbar, the tell-a-friend toolbar, and any other browser toolbar and any other downloadable software released or promoted by Focalex and distributed through the TAF Master system to TAF Master Affiliates.

TAF Master will compensate Publishers for revenue generated from the tell-a-friend functionality that is directly attributed to a user's successful installation originating from their properties. If a user uninstalls tafbar and chooses to reinstall it at a later date through a different method or a different Publisher, only the last Publisher is eligible for compensation.
TAF Master will compensate publishers for successful installations that originate from the Publisher's site. Compensation shall be in the form of a revenue share model. Terms and Conditions shall mirror the current TAF Master Affiliate terms. TAF Master may at its sole discretion, and without prior notice, adjust the terms of compensation including termination of any future compensation. TAF Master will be solely responsible for counting and determining the level of compensation for each Publisher.
Focalex reserves the right to modify, update, or eliminate the tafbar. program without prior notification. Including, at its sole discretion, modify the functionality, appearance or any other aspect of the tafbar. Upon user's download of the tafbar, Focalex shall have a direct relationship with the user. Publishers shall have no other claim to the users or downloads.

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