1. Compensation And Benefits To Testimonialists. Some of the testimonialists on this site receive affiliate commissions based on sales of products or services for which they give testimonials. Other testimonialists receive free promotional materials or free products or services to review. To the best of our knowledge we believe these testimonials represent the honest opinions of the testimonialists.
2. Generally Expected Results From Our Products/Services. For Testimonials we post on our site that are in the nature of “success story” or “best-case” scenario testimonials (as distinguished from subjective opinions), we have data that will substantiate the results and also provide statements of expected typical results we believe consumers will generally achieve with our product or service, and we will provide this information upon request – email compliance.officer-at-YOURAUTHORBUSINESS.COM. If you do not request substantiation data from us, you should assume that the results achieved by these testimonialists are the exception and not the rule, and for this reason, you should not expect to achieve the same level of results, or any positive results at all.
3. Subjective Opinion Testimonials We Post. For Testimonials we post on our site that are in the nature of subjective opinions, we do not independently verify, nor do we seek independent verification; however, to the best of our knowledge we believe the testimonialists are giving their honest opinions. If you’re not sure regarding whether a particular testimonial is a “success story”/”best-case” scenario testimonial or a subjective opinion testimonial, email our compliance officer at the email address provided above and request clarification.
4. Blog Posts by Others. We do not independently verify, nor do we seek independent verification of comments and statements that may be posted by others in blog posts on this site regarding our website, its products or services. For this reason, if others post “success story” or “best-case” scenario testimonials or positive comments (as distinguished from subjective opinions), you should assume that the results achieved by these testimonialists are the exception and not the rule, and for this reason, you should not expect to achieve the same level of results, or any positive results at all.
>>Material Modifications<< Notice: This document is Copyright © Chip Cooper of the law firm of Jones & Haley, P.C., and licensed for use by the owner of this website under distribution rights granted to FTCGuardian.com. All rights reserved worldwide. No part of this document may be copied, reprinted, reproduced, or transmitted in any form or by any means without the prior written permission of the copyright owner.
/*** Instructions For Opt-In List & Newsletter Notices/Disclaimers: use this discussion for a checklist of notices and disclaimers you may need for your opt-in list and related notices and disclaimers.***/
OPT-IN LIST, AND SAMPLE EMAIL AND NEWSLETTER NOTICES AND DISCLAIMERS FOR YOURAUTHORBUSINESS.COM
Note: these are guidelines for your use of an opt-in sign-up form for your newsletter list and for sending emails to that list.
1. Opt-In Form – Deceptive Statements.
1.1If you want to add a statement to your opt-in list sign-up form do NOT add this notice: “We will never sell, rent, or give away our email list”. The reason is that it may not be true, because for example, you may share list information with a joint venture partner or you may sell your website business in the future. If you make this kind of statement, you’ll be running a substantial risk of engaging in a deceptive marketing practice.
2. Newsletter – Can-Spam Act Compliance.
2.1The CAN-SPAM Act of 2003 (CAN-SPAM) provides remedies against annoying and unsolicited bulk email known as “spam”.
2.2CAN-SPAM’s 5 Basic Rules:
* header information (identifiers such as To, From, IP Address) – must not be materially false or materially misleading;
* subject line – must not mislead the recipient about a material fact regarding the email’s contents or subject matter;
* return email address – must contain a functioning email address that the recipient can use to request no further messages;
* requests to unsubscribe – if a recipient requests unsubscribe from receiving additional emails, emails matching the unsubscribe request must be honored within 10 days with a mechanism that is available from a single web page and that operates with a single click; and
* contents – the email must (i) clearly and conspicuously identify that it is an ad, (ii) provide clear and conspicuous notice the recipient may unsubscribe for additional emails, and (iii) contain a valid postal address for the sender (may include a valid post office or private mailbox address).
2.3*CAN-SPAM’s 2008 amendments – added an additional rule regarding email newsletters and other emails that have multiple advertisers, contributors, or senders.
* Designated Sender – multiple contributors to the email may designate as single sender who must be designated in the From line, and who will be responsible for CAN-SPAM compliance.
2.42 Types of Emails – Applicable Rules
* “Commercial” emails – advertisements or promotion for a commercial product or service – are required to comply with all 5 of the basic rules, plus the “designated sender” rule.
* “Transactional or relationship message” emails – “facilitates” a previously agreed-upon commercial transaction – are required to comply only with the “header information” requirement and the “designated sender” rule.
3. Affiliate Compensation Disclosure.
3.1If you recommend any product or service of another, you need to disclaim any “material connection” you may have with the website, merchant, or advertiser.
3.2A “material connection” involves the receipt of money or a freebie in connection with your recommendation. For more information regarding affiliate disclosures, create the document titled “Affiliate Disclosure”.
3.3These are examples of a simple disclaimer for newsletters or emails that promote the products or services of others:
* “Affiliate Compensation Disclosure: As an affiliate, I will receive compensation based on sales of products/services recommended in this newsletter; however, I always give my honest opinions and recommendations.”
* “Affiliate Compensation Disclosure: I am compensated for my recommendations in this newsletter. Click here for details.” (“here” should be the anchor text for a link pointing to your Affiliate Disclosure page).
4. Earnings Disclaimer.
4.1If you sell or recommend products or services or provide information that may assist others in making money in your newsletter, you need (i) a long form Earnings Disclaimer posted on your website, and (ii) a short form Earnings Disclaimer on the bottom of your promotional emails or newsletter. Be sure to have documentation to substantiate any earnings claims you make, before you make the claims. You are not allowed to make unsubstantiated earnings claims and then add an earnings disclaimer that contradicts the earnings claims.
4.2For example: “I make no representation or promise that you will make any specific amount of money, or any money at all, or that you will not lose money. You are solely responsible for your use of this information.”
4.3Best practice would also include a link to your long form Earnings Disclaimer posted on your website.
5. Special Disclaimer.
5.1If your newsletter provides information regarding services, products, content, or information which could result in injury or financial loss to a consumer, a special disclaimer should be included at the bottom of your email or newsletter.
5.2Examples include information regarding services or products as legal information, tax information, fitness services, nutritional supplements, information relating to illnesses, medical information, debt collection services, and services or products that could be used in ways that could be hazardous or life threatening.
5.3Here are a few specific examples –
* “Disclaimer: this newsletter is for informational purposes only; it does not constitute legal advice, and should not be construed as such.”
* “Disclaimer: there is no guarantee of employment in connection with your use of the information provided in this newsletter.”
* “Disclaimer: this newsletter is for informational purposes only; it does not constitute medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.”
SAMPLE SPECIAL DISCLAIMERS FOR YOURAUTHORBUSINESS.COM
1. Subjective Subject Matter Disclaimer For Single Author; No Obligation to Update Information.
The information presented herein represents the view of the author as of the date of publication. Because of the rate with which conditions change, the author reserves the right to alter and/or update his opinion based on the new conditions, and the author is not obligated to update this information.
2. Subjective Subject Matter Disclaimer For 3rd Party Author; No Obligation to Update Information.
Everything posted on this site are views of others and have either been submitted to us, or found on the Internet and published as a fair use. The views expressed on this site are solely those of 3rd party authors and do not in any way reflect our views. This site is solely a provider of useful articles and hereby disclaims all liability for any damages or injury or other harm arising from this website. We are not obligated to update any information attributable to 3rd party authors.
3. Securities Disclaimer; No Investment Advice or Recommendations.
This site and the information provided herein is for informational purposes only, and no investment, tax, legal, insurance advice is intended or given. Nothing on this site should be construed to be (i) an offer to sell or a solicitation to purchase a security, or (ii) a recommendation regarding any security. Information in videos, articles, and blog posts on this site that discuss specific securities is general in nature, is not tailored to the investment needs of any particular person, and should not be relied upon without independent verification. Information in videos, articles, and blog posts on this site may affect the market prices of the securities discussed. Investment decisions are subject to certain risk factors that may not be discussed completely, or at all, on this site. We believe that any performance data provided on this site is provided from sources we deem to be reliable; however, we do not guarantee the accuracy or completeness of any such data. You should verify any such data through your own sources.
Your Investment decisions and strategies should be determined solely by you in the exercise of your own judgment based on your unique investment objectives and financial circumstances. If you need professional advice, you should consult your own professional advisors.
4. Disclaimer Re Investment in Penny Stocks.
We are in the business of marketing and advertising high risk companies known as “penny stocks” or “micro-caps” through the internet and other media for monetary compensation. This compensation may be provided by the companies themselves who are profiled or by third party entities who are promoting the companies that are profiled. As such, our opinion about companies that we profile is neither unbiased nor independent and you should consider that fact when evaluating any of the companies profiled. Do not base any investment decision upon any materials found on this website or in our email or other marketing/advertising materials. We are not registered as a securities broker-dealer or an investment adviser either with the U.S. Securities and Exchange Commission (the “SEC”) or with any state or provincial securities regulatory authority. We are neither licensed nor qualified to provide investment advice.
5. Disclaimer; No Obligation For Tax Preparation Software.
When using and applying the information generated by our software, you alone responsible for ensuring that you comply with the applicable requirements of federal and state law. You are solely responsible for the content and accuracy of all reports and documents prepared in whole or in part by using our software. You acknowledge that your use of using our software does not release you of your obligations concerning the preparation and review of such reports and documents. You acknowledge that you do not rely upon our software for any advice or guidance regarding compliance with federal and state laws or the appropriate tax treatment of items reflected on such reports or documents. You acknowledge that you will review any calculations made by using our software and satisfy yourself that all calculations are correct.
6. Disclaimer; Information Is Not a Consumer Report.
We are not a consumer reporting agency and data provided by us does not constitute a consumer report as that term is defined in the Fair Credit Reporting Act (FCRA), 15 U.S.C.A. sec 1681 et seq. Before using any data obtained from any source as a factor in establishing a consumer’s eligibility for credit, insurance or employment, you should consult with your attorney for uses that might be regulated by FCRA.
7. Disclaimer For No Legal Representation.
This site is not intended to create an attorney-client relationship, and no attorney-client relationship will be created or legal advice given through your use of this site, its services and content. No special relationship or privilege exists between you and this site. You will be representing yourself in any legal matter you undertake as a result of your use of this site, its services and content. This site provides (i) articles, newsletters, and content for informational purposes only, and (ii) an automated software system using rule-based document assembly technology as a tool for persons to prepare their own legal documents. In the process of providing this information, this site is engaged in the publication of information regarding legal issues commonly encountered. This site is not a substitute for the advice of an attorney. This site does not review any of your answers to questions for sufficiency, provide legal advice, or analyze applicable law and apply it to your specific requirements. Accordingly, if you need legal advice for a specific issue, or if your specific matter is too complex to be addressed by our automated software tool, you are advised to seek the advice of an attorney.
8. Disclaimer By Website Developer; No Responsibility For Website Legal Compliance.
You agree to assume sole responsibility for website legal compliance. Your responsibility is to employ an attorney to represent you to in connection with legal compliance for your website and to manage your exposure to legal liability. We will work with your attorney to incorporate your advertising claims, legal notices, disclaimers, and agreements into your website, but we are not responsible for, and will not provide you with advertising claims, legal notices, disclaimers, or agreements, or any advice in the nature of legal advice.
9. Disclaimer For Licensing For Auctions.
You assume sole responsibility for compliance any and all required licensing, education, bonding and other requirements regulating auctions. We assume no responsibility for compliance with any laws or regulations regarding auctions.
10. Disclaimer For Blog Posts by Others.
We do not independently verify, nor do we seek independent verification of comments and statements that may be posted by others in blog posts on this site regarding our website, its products or services. For this reason, if others post “success story” or “best-case” scenario testimonials (as distinguished from subjective opinions), you should assume that their results are NOT typical.
11. Disclaimer Regarding Diets and Restaurant Recommendations.
We do not guarantee that any recommendation will meet your diet requirements, or that any reference to any food, beverage, or restaurant will match the description provided by us. We do not assume any liability for any adverse reactions to food or beverages, or restaurants recommended. Each user is solely responsible for determining his/her food and beverage choices.
12. Disclaimer Re Health and Rehabilitation
We provide guidance and clarification for rehabilitation prescriptions provided over the Internet and by other materials available our website. This information and these materials are intended only to assist a licensed physician, chiropractor, physical therapist, certified athletic trainer, or other appropriately certified professional’s physical rehabilitation recommendation efforts. We are not a medical organization and cannot give you medical advice or diagnosis conditions. If you experience any pain or discomfort, or if you have a change in medical condition, you should immediately seek appropriate medical attention.
13. Exercise Disclaimer
Not all exercise is suitable for everyone. To reduce the risk of injury, consult your doctor before beginning this or any exercise program. The instruction presented herein is in no way intended as a substitute for medical counseling. If you have had a joint replacement or if you have osteoporosis, or any other special medical condition, follow all precautions.
14. Diet Disclaimer
This website is not a substitute for medical advice. If you are beginning a health or weight control program, consult your physician before using products or services discussed on this website, or making any other dietary changes. All of the information provided in and through this website is intended solely for general information and should not be relied upon for any particular diagnosis, treatment, or care. Statements made on this website have not been evaluated by the U.S. Food and Drug Administration or any other government regulatory body.
15. Disclaimer For Dietary Supplements.
The products sold on this site are not intended to diagnose, treat, cure, or prevent any disease. Although available as a dietary supplements, our products have not been approved by the food and drug administration (FDA) for human or veterinary use at this time.
16. Disclaimer For Real Estate Listings By Real Estate Broker or Sales Person.
The information provided on this website is deemed reliable but not guaranteed. You should verify all information through personal inspection and appropriate professionals. Information regarding real estate for sale on this website is provided in part from a cooperative data exchange program of ____________ county and the applicable multiple listing service(s). The information is for the personal, non-commercial use of the customers and/or clients of this website and may not be used for any purpose other than to identify prospective properties for possible purchase. All other use is strictly prohibited and may violate relevant federal and state law. Listings displayed on this website may be subject to prior sale or removal from sale; availability of any listing should always be independently verified.
/***Instructions For Web Affiliate Marketing Agreement — with the scroll box method of “click-wrapped” agreement presentation, the agreement should be presented electronically to the user as part of the registration process. A significant portion of the agreement should be visible in the box in order to provide conspicuous notice to the user of a legal agreement. The user should not be permitted to continue with registration until there is an acceptance that is indicated by checking the “I ACCEPT” checkbox (or by clicking on an “I ACCEPT” button). In order to require the user to make an affirmative action to indicate acceptance, the checkbox for “I ACCEPT” should either be presented unchecked, or if there is a checkbox for “DECLINE” (instead of a button), it should be checked as the default choice. ***/
THIS APPLICATION FOR ENROLLMENT AS A MARKETING AFFILIATE OF EMMA RIGHT (EMMA RIGHT”) , IF ACCEPTED BY EMMA RIGHT, WILL BECOME A LEGALLY BINDING AGREEMENT THAT WILL GOVERN YOUR PARTICIPATION IN THE “EMMA RIGHT AFFILIATE PROGRAM”. BY CLICKING THE “I ACCEPT” BUTTON BELOW, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
AFFILIATE MARKETING AGREEMENT
Effective Date: _20__Jan_, 20__17
1. Parties. The parties to this Agreement are you (the registrant), and the owner and operator of this website, Emma Right (“Emma Right”). If you are not acting on behalf of yourself as an individual, then “you” means your company or organization. All references to “your site” refers to the site that will link to this site (and which you will identify in your application). All references to “we”, “us”, “our”, “this website” or “this site” shall be construed to mean Emma Right.
2. Non-Exclusive Appointment of Affiliate And Restrictions. Effective upon our acceptance of your affiliate application and subject to the terms and conditions hereof, Emma Right hereby authorizes you to be a non-exclusive participant in the Emma Right Affiliate Program (also referred to as the “Program”) for purposes of promoting and marketing our MapMaker online map generating ASP-based application.
2.1Our relationship shall be and shall at all times remain, that of independent contractors, and not that of employer and employee, franchisor and franchisee, joint venturers, or partners. No payment of any fee or equivalent charge is required as a condition to enter into this Agreement.
2.2You are not authorized to accept orders or to enter into contracts or to create any obligation in Emma Right’s name, or to transact any business on behalf of Emma Right.
2.3No license is granted herein for use of our tradename or trademarks; however, during the term of this Agreement, you are authorized to use any materials provided by us such as banner advertisement links, button links, and/or a text links which may incorporate our tradename or trademarks, but only in the form provided by us. You do not obtain any ownership rights in any intellectual property, including, without limitation, any intellectual property with respect to the tracking URL(s), links, link formats, technical specifications, guidelines, or graphical artwork, or with respect to this site’s domain name.
2.4You agree that we may notify you from time to time regarding the Program with emails sent to your then-current email address listed for your affiliate account. We reserve the right in such emails to modify existing policies and/or to add new policies regarding the Program, and you agree to follow any such policies.
2.5Except as may be expressly authorized in writing by us, your appointment of sub-affiliates is not permitted.
2.6You agree that we have the right to approve your advertisements and promotions prior to publication by you. Prior approval may be in the form of approved advertisements and promotional materials posted to our website. If we do not post your advertisement or promotional material to our website, you agree to send a support request email requesting approval.
2.7You may use search engine optimization and online advertising in your marketing efforts; provided, however, you are not authorized to purchase or register any keywords, search terms or other identifiers that include any principal words in our tradename, domain name, or any of our trademarks or logos, or any variation thereof (“Proprietary Terms”) for use in any search engine, portal, pay-per-click advertising service, or other search, advertising, or referral service. From time to time we may request that you cause any applicable web search provider to exclude Proprietary Terms from keywords used to display your advertising content in association with search results, assuming the provider of such web search engine offers such exclusion capabilities, and you agree to promptly comply with such requests.
3. Commissions; Payment Terms.
3.1The term “Referrals” means users who access this site through tracking URL(s) that we provide to you. Commissions are payable based on sales to your Referrals that we are able to track and credit to you. We will pay you commissions monthly in accordance with our then-current policy. In no event shall we be liable for more than a single referral fee for a single Referral sale, and in the event of a dispute between competing affiliates for credit for a sale, our determination will be final. We reserve the right to change prices in our discretion at any time. If any sale is refunded, the referral fee will be deducted from the subsequent payment of referral fees. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING ANY POTENTIAL INCOME YOU MAY MAKE.
3.2You are eligible to earn commissions only on sales to Referrals that occur during the term, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
3.3We may terminate you immediately for cause if we determine in our sole discretion that you have violated the terms of this Agreement and/or any applicable law or regulation. If we terminate you for cause, we will immediately halt the processing of any payments or charges for sales generated by you with the result that you will forfeit any unpaid commissions.
4. Order Processing And Fulfillment. We will be solely responsible for all aspects of processing and fulfillment for orders for Emma Right Servicesand Products placed by Referrals. We reserve the right to reject orders that do not comply with our requirements.
5. Monitoring Rights.
5.1You agree that we may monitor your (i) advertisements for our products and services regardless of the media, platform, or format, and (ii) marketing methods, procedures, and communications by any means now known or hereafter developed for purposes of determining your compliance with this Agreement, including without limitation, monitoring your website(s), emails, and social media posts both directly by us and indirectly via third parties.
5.2We will notify you via email regarding any requirement for assistance with monitoring your advertisements and promotions, and you agree to implement any and all such requirements.
5.3You also agree that we have the right to require you to modify or cease any of your advertisements, marketing methods, procedures, and communications. Your only recourse will be to terminate this Agreement and your participation in the Program.
<<6. Policies Regarding Spam and Unacceptable Marketing Methods.
6.1You may engage in general email promotions; provided, however, that as a condition of your participation in the Program, you agree to comply strictly with all applicable laws (federal, state, and otherwise in all applicable jurisdictions) that govern marketing email, including without limitation, the U.S. CAN-SPAM Act of 2003, Canada’s Anti-Spam Law (if applicable), and all other applicable anti-spam laws. Violation of any of these laws will lead to immediate termination of this Agreement. You agree to defend and indemnify us from and against any claim by a third party in connection with your failure to comply with this No-Spam Policy.
6.2You agree to not use any of the following marketing methods: malware, adware, spyware, phishing, pharming, and similar deceptive techniques.
7. Laws And Regulations; Federal Trade Commission (FTC).
7.1You agree to comply strictly with all applicable laws and regulations including without limitation, FTC regulations and applicable state regulations.
7.2The FTC classifies you as an “endorser” for our products or services that you market as our affiliate. Accordingly, you are required to disclose your “material connections” with us in your capacity as our affiliate. This means, among other things, that you should disclose the fact that you are compensated for promoting our products and services.
7.3You agree to add the following notice to the bottom of your website pages and at the bottom of all commercial emails for purposes of disclosing your “material connection” with us:
Affiliate Compensation Disclosure: From time to time, we promote, endorse, or suggest products or services of others. In most cases, we will be compensated, either as an affiliate with a commission based on sales, or with a free product to review or use. Our recommendations are always based on (i) our personal belief in the high quality and value of the product or service, and (ii) our review of the product or service, or a prior relationship or positive experience with the sponsoring person or organization.
7.4For your promotional posts on social media, disclose your “material relationship” by adding the following as a prominent disclosure: #ad.
7.5Refer to the following FTC publication for guidance: https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking .
8. Federal Trade Commission Rules Regarding Truthful and Non-Deceptive Advertising.
8.1The Federal Trade Commission (FTC) and various state laws prohibit advertising that is false or misleading. Accordingly, among other things, you are required to substantiate your advertising claims prior to dissemination and to state these claims in clear language that is both true and also not misleading. You agree to comply strictly with all applicable laws and regulations including without limitation FTC and state law requirements in your affiliate marketing activities.
8.2Refer to the following FTC publication for guidance: https://www.ftc.gov/tips-advice/business-center/advertising-and-marketing/online-advertising-and-marketing .
9. Your Representations And Warranties. You agree to make no representation or warranty regarding this site or our products or services.
10. Warranty Disclaimer. ALTHOUGH EMMA RIGHT RESERVES THE RIGHT TO MAKE A LIMITED WARRANTY TO THE END-USER, EMMA RIGHT MAKES NO WARRANTY TO YOU. NEITHER EMMA RIGHT NOR ANY OF ITS SUPPLIERS OR RESELLERS MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED TO YOU. EMMA RIGHT AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, AND DATA ACCURACY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO MARKETING OF THE EMMA RIGHT SERVICES OR PRODUCT(S) IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
11. Disclaimer of Incidental and Consequential Damages. IN NO EVENT SHALL WE BE LIABLE TO THE OTHER UNDER ANY THEORY INCLUDING CONTRACT AND TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCTS LIABILITY) FOR ANY INDIRECT, SPECIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Liability Cap. In no event shall our aggregate liability, if any, including liability arising out of contract, negligence, strict liability in tort or warranty, or otherwise, including without limitation any liability for direct damages, exceed the total amount of referral fees paid or payable by us for the payment period immediately preceding your claim.
13. Confidential Information. You agree that all non-public information that we provide regarding the Program, including without limitation, our pricing, marketing methodology, and business processes, is our proprietary confidential information. You agree to use this confidential information only for purposes of exercising your rights as our affiliate while in strict compliance with this Agreement, and you further agree not to use or disclose this confidential information for a period of three (3) years after termination as our affiliate.
14. Disclosure of Personal Information. You agree to hold any personal information that we may disclose regarding a referred transaction in strictest confidence and to use such information only for purposes of monitoring that specific transaction.
15. Ownership. The material provided on this site and via our online services is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property rights in this material are owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
16. Term and Termination. The term of this Agreement will begin upon our acceptance of your application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the non-terminating party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to this site and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you in connection with the Program.
17. Notices. We may give notice to you for any purpose by email sent to your then-current email address listed for your affiliate account. You may give notice to us for any purpose by email sent to affiliate program manager at the following address: email@example.com, or any other email address we may specify in an email notice to you.
18. Arbitration. By agreeing to arbitration, you understand and agree that you are waiving your rights to maintain other resolution processes, such as a court action or administrative proceeding, to settle your disputes. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Atlanta, Georgia, and may be conducted by telephone or online. The laws of the State of Georgia shall apply. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcement of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
19. Continuing Obligations. The following obligations shall survive the expiration or termination hereof and the distribution grace period provided above: (i) any and all warranty disclaimers, limitations of liability and indemnities granted by either party herein, (iv) any covenant granted herein for the purpose of determining ownership of, or protecting, the Proprietary Rights, including without limitation, the confidential information of either party, or any remedy for breach thereof, and (v) the payment of taxes, duties, or any money hereunder.
20. Jurisdiction and Venue; Applicable Law. The courts of Fulton County in the State of Georgia, USA and the nearest U.S. District Court in the State of Georgia shall be the exclusive jurisdiction and venue for all legal proceedings under this Agreement. The laws of Georgia shall apply to all issues in dispute, excluding its rules regarding conflicts of law.
To review additional material modifications and their effective dates scroll to the bottom of the page.
Emma Right (“Emma Right”) owns and operates this http://yourauthorbusiness.com/ website business. All references to “we”, “us”, this “website” or this “site” shall be construed to mean Emma Right.
Regarding Personal Information (defined below), if any modifications are materially less restrictive on our use or disclosure of the Personal Information previously disclosed by you, we will obtain your consent before implementing such revisions with respect to such information.
THE TYPES OF INFORMATION WE COLLECT
Personal Information. “Personal Information” includes any information regarding a natural person that may be used directly to identify the person.
Personal Information that we collect may vary with each separate purpose for which you provide it, and it may include one or more of the following categories: name, physical address, an email address, phone number, credit card information including credit card number, expiration date, and billing address, and location data.
We also may collect publicly available Personal Information posted on social media platforms and profiles. When you engage with our content on or through social media platforms or other third party platforms, plug-ins, integrations or applications, you may allow us to have access to certain Personal Information in your profile that you have added to these platforms. This may include your name, e-mail address, photo, gender, birthday, location, an ID associated with the applicable third-party platform or social media account user files, “like” photos and videos, your list of friends or connections, people you follow and/or who follow you, or your posts or “likes.”
Passively or Automatically Collected Data (“Usage Data”).
We, our affiliated entities, and our marketing partners including third party service providers, advertisers, advertising networks and platforms, advertising agencies, and data brokers and aggregators may use automated means to collect various types of information about you, your computer or other device used to access this site or its services. This information is based on your usage of this site, including information collected automatically from this site (or by our marketing partners employed in this site).
A representative, non-exhaustive list of the types of passively or automatically collected information may include: network or Internet protocol address and type of browser you are using (e.g., Chrome, Safari, Firefox, Internet Explorer), the type of operating system you are using, (e.g., Microsoft Windows or Mac OS), the name of your Internet service provider (e.g., Comcast, Verizon or AT&T) and domains used by such providers, mobile network, device identifiers (such as an Apple IDFA or an Android Advertising ID), device settings, browser settings, the web pages of this site you have visited, pages or service visited before and after you visit a page or service, the type of handheld or mobile device used to view the page or service (e.g., iOS, Android), location information, and the content and advertisements you have accessed, seen, forwarded and/or clicked on, the various time details per visit (e.g., the time spent on each page or service within the site) and the details about the path followed within the site with special reference to the sequence of pages visited, other parameters about the device operating system and/or the user’s IT environment, and conversion rates and marketing and conversion data and statistics, reports and analytics, including without limitation your interactions to emails we send, and reviews and surveys regarding this site or any products listed on this site. Usage Data is essentially anonymous when collected, but could be used indirectly to identify a person.
Geo-Location Data. If you are accessing a page or service from a computer or a mobile device, you may be asked to share your precise (GPS level) geo-location information with us so we can customize your experience on our services or on other services when we work with a marketing partner such as a third party service provider, advertiser, advertising network and platform, advertising agency, and a data broker or aggregator. If you agree to the collection of location data, in most cases, you will be able to turn off such data collection at any time by accessing the privacy settings of your mobile device.
HOW AND WHEN WE COLLECT INFORMATION
Personal information. We collect Personal Information at the time you provide it to us. We collect Personal Information through sign-up forms and as part of your registration for an account, product, or service, promotion, or contest from this website. Personal Information that we collect may vary with the each sign-up or registration. In addition, we collect personal information from all communications with site visitors including without limitation, text messages, faxes, telephone calls, and regular “snail mail”, as well as from third-party outside sources including data brokers and aggregators. As indicated above, we may collect publicly available Personal Information posted on social media profile information including photos both directly and through the use of contact management applications.
Your Communications With Us. We collect Personal Information that we receive from you as you communicate with us. If you complete a signup form subscribing to information from our site or to participate in our mailing list activities, we will receive your Personal Information from our email services and/or autoresponder service.
Usage Data. We collect Usage Data as you use this site, including your interactions with emails we send, and via social media platforms, third-party platforms, third-party websites, applications, integrations, and services of our marketing partners. This data may be passively or automatically collected (that is, gathered without your actively providing the information) using various analytics and reporting technologies, such as cookies, web beacons, locally stored objects, and mobile device identifiers and SDKs, and other similar methodologies as well as similar technologies developed in the future. (See below, SPECIFIC INFORMATION ABOUT COOKIES AND WEB BEACONS.)
HOW WE USE YOUR INFORMATION
We may use your Personal Information and Usage Data for the performance of the services or transaction for which it was given and for the basic purpose of this site. We may use your Personal Information in connection with other products, services, promotions, personalized ads, or contests we may offer, and our private, internal reporting for this site, and security assessments for this site. We may also send you messages related to certain features or your activity on this site. We may also send you news or updates about changes to our site or services. By default, you will receive these messages via email.
We may use publicly available Personal Information posted on social media profile information including photos for purposes of assisting us, and our marketing partners with marketing and advertising activities and with contact management.
We may make full, unrestricted use of Usage Data for any purpose in our sole discretion, including without limitation, to customize or personalize ads, offers and content made available to you based on your visits to and/or usage of this site or its services, and to analyze the performance of those ads, offers and content, as well as your interaction with them.
We may combine and use the Personal Information and Usage Data we collect from all services and products offered by us and our affiliated entities over various websites to provide, protect, and improve them, and to develop and offer new services and products. We will treat you as a single user of these combined services and products. We may also use this information to provide you personalized ads.
INFORMATION SHARING AND DISCLOSURE
General Disclosure Policy. We may share and disclose your Personal Information as described below. We may share and disclose Usage Data without restriction, including without limitation, as described below.
Affiliated Entities. We may provide your Personal Information and Usage Data to any affiliated entities we may have, including our subsidiaries. Affiliated entities are entities that we legally control (by voting rights) or that control us.
Service Providers. We may provide access to your Personal Information and Usage Data to our trusted service providers that assist us with the operation and maintenance of this site. For example, we may contract with third parties to finance purchases from this site, process payments, host our servers, provide security, and provide production, fulfillment, optimization, analytics, reporting, and software maintenance and development services. In addition, our service providers will be given access to your information only as is reasonably necessary to provide the services for which they are contracted.
Legal Process, Enforcement and Security Notice. We may disclose your Personal Information and Usage Data if we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary (i) to satisfy any applicable law, regulation, legal process or enforceable governmental request (such as for example, to comply with a subpoena or court order), (ii) to detect, prevent, and address fraud or other illegal activity, and (iii) to investigate, respond to, or enforce violations of our rights or the security of this site.
Joint Venture Partners. We may participate with another company or individual for purposes of jointly promoting our products, services, promotions or contests or their products, services, promotions, or contests. We may disclose your Personal Information and Usage Data to them for purposes of (i) compensation, transaction processing, fulfillment, and support, and (ii) for purposes of offering you other products, services, promotions, and contests. These joint venture marketing partners may also contact you regarding other products, services, promotions, or contests.
Marketing Partners. We may share your Usage Data with our marketing partners including third party service providers, advertisers, advertising networks and platforms, advertising agencies, and data brokers and aggregators to serve and offer personalized ads. We may share Personal Information with our marketing partners to correlate and match our list with our marketing partners’ lists for purposes of creating an “audience” for serving personalized ads.
Sweepstakes, Contests, or Promotions. When you choose to enter a sweepstakes, contest, or other promotion, and in accordance with the terms and conditions of the promotions, your Personal Information and Usage Data may be disclosed to our sponsors and to third parties who help administer the promotion, including in connection with winner selection prize fulfillment and aggregated data analysis. Your Personal Information and Usage Data also may be disclosed as required by law, such as on a winners list. Further, by entering a promotion, you are agreeing to the official rules that govern that promotion, including allowing our sponsors to use your name, voice, and likeness in advertising and marketing associated with the promotion in accordance with applicable law. All terms applicable to the particular promotion will be made available to you at the time you enter the promotion.
With Your Consent. We may share your Personal Information with other parties with your consent.
Your California Privacy Rights. Under California Law SB 27, California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to the email address provided in our contact information below and include the phrase “California Privacy Request” in the subject line, the domain name of the Web site you are inquiring about, along with your name, address and email address. We will respond to you within thirty days of receiving such a request.
SPECIFIC INFORMATION ABOUT COOKIES AND WEB BEACONS
“Cookies” are tiny pieces of information stored by your browser on your computer’s hard drive. Cookies are also used to customize content based on your browser. Most browsers are initially set to accept cookies. If you want to disable cookies, there is a simple procedure in most browsers that allows you to turn off cookies. Please remember, however, that cookies may be required to allow you to use certain features of our site.
Flash Cookies – third party cookies that use an Adobe Flash Media Player local shared object (LSO) – may be used along with other third party cookies for purposes of crediting any purchase you may make on this site to one of our joint venture partners that may have referred you to us. These cookies will be used for purposes of crediting sales to the referring joint venture marketing partner. Flash cookies are not the same as “browser cookies”. The Adobe Flash Media Player is software that enables users to view content on their computers. Flash cookies are also accompanied by a browser cookie. If you delete the browser cookie, the Flash cookie may automatically create (or re-spawn) a replacement for the browser cookie.
Web Beacons (sometimes called single-pixel gifs or clear gifs) are used to assist in delivering cookies, and they allow us to count users who have visited pages of our site. We may include Web Beacons in promotional e-mail messages or our newsletters in order to determine whether messages have been opened and acted upon.
Locally Stored Objects – we may employ locally stored objects (“LSOs”) and other client-side storage tracking technologies in certain situations where they help to provide a better user experience, such as to remember settings, preferences and usage similar to browser cookies, or in order to target or help our Partners target ads, analyze ad performance, or perform user, website or market analytics. For LSOs utilized by Adobe Flash you can access Flash management tools from Adobe’s website: –> http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html . In addition, some, but not all browsers, provide the ability to remove LSOs, sometimes within cookie and privacy settings.
We may participate with our marketing partners for purposes of providing personalized ads based on your interests. This activity is performed by collecting Usage Data and by using cookies and other tracking and data collection methodologies discussed above to transfer information to our marketing partners which manage advertising activities.
AdWords (Google) – We may participate in AdWords program which is a personalized ad service provided by Google Inc. that connects the activity of this site with the Adwords advertising network and the Doubleclick cookie. Information collected: cookie and Usage Data. For the opt-out, visit –> https://support.google.com/ads/answer/2662922?hl=en
Google Analytics for Display Advertising (Google) – We may participate in any and all of the following Google Analytics Advertising Features provided by Google: Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager integration, and Google Analytics Demographics and Interest Reporting. These features use first party cookies (such as the Google Analytics cookie) for connecting the tracking activity performed by Google Analytics and its cookies with the Adwords advertising network and the DoubleClick cookie (a third-party cookie). Information collected: cookie and Usage Data, including audience data such as age, gender, and interests. For the opt-out, visit –> https://support.google.com/ads/answer/2662922?hl=en You may opt-out of the Google Analytics service with the Google’s Browser Add-on that’s available at –> https://tools.google.com/dlpage/gaoptout
For information in general about Google’s personalized ad campaigns, and specifically about information regarding DoubleClick cookies and how to control and manage Google’s advertising cookies for these campaigns, visit –> http://www.google.com/policies/technologies/ads/
For information regarding how Google uses data when you use Google’s partners’ sites or apps, visit –> http://www.google.com/policies/privacy/partners/
Custom Audience (Facebook). We may participate in Facebook.com’s Custom Audience program which enables us to display personalized ads to persons on our email lists when they visit Facebook.com. We provide Personal Information such as your email address and phone number to Facebook to enable Facebook to determine if you are a registered account holder with Facebook. You may opt-out of participation in our Facebook Custom Audience by sending an email, from the email address you are opting out of, to the email address provided in our contact information below. For your opt-out to be effective, you must: (i) place the following text in the subject line of the email – “Opting Out of Facebook.com Website Custom Audience Ads”, and (ii) in the body of the email, include your name and email address. We will forward your name and email address to Facebook.com with a request to delete you from all of our Facebook Custom Audience Ads.
Tailored Audiences/Conversion Tracking Programs (Twitter). We may participate in Twitter.com’s Tailored Audiences/Conversion Tracking Programs which enable us to display personalized ads. You may opt-out of participation in these programs by visiting https://support.twitter.com/articles/20170405 .
Other Personalized And Behavioral Advertising Services. We may participate in additional retargeting and behavioral advertising services that will be similar to the services described above.
Managing Personalized Ads. You can control the placement of cookies and other data collection methodologies for purposes of opting out.
Managing Cookies Via Your Browser. You should note that although most browsers are initially set up to accept cookies, you may be able to change your browser settings to cause your browser to refuse first party or third-party cookies or to indicate when a third-party cookie is being sent. However, disabling or limiting cookies may cause certain features of this website to not function properly or optimally. Check your browser’s “Help” files or other similar resources to learn more about handling cookies on your browser. In addition, visit –> http://www.allaboutcookies.org/manage-cookies/
Managing Flash Cookies. Flash cookies, also called local shared objects (LSOs), function similarly to standard cookies except that they are often larger and are downloaded to a computer or mobile device by the Adobe Flash Player. In some cases, these Flash cookies can be managed through browser settings. Adobe also provides a means of controlling Flash cookies on its Flash Player: Setting Manager page.
Digital Advertising Alliance (DAA). DAA member advertising associations have developed an industry self-regulatory program to give consumers a better understanding of and greater control over ads that are customized based on their online behavior across different websites. To make choices about interest-based ads from participating third parties, please visit DAA Consumer Opt-Out page –> http://www.aboutads.info/consumers .
Opting Out With Ad Choices For Mobile Devices. When using mobile applications you may receive personalized in-application advertisements. Depending on your device, you may be able to reset your mobile device’s advertising identifier at any time by accessing the privacy settings on your mobile device. In addition, each operating system (iOS for Apple phones, Android for Android devices and Windows for Microsoft devices) provides its own instructions on how to prevent the delivery of personalized in-application advertisements. You may review the support materials and/or the privacy settings for the respective operating systems in order to opt-out of these advertisements. For any other devices and/or operating systems, please visit the privacy settings for the applicable device or contact (or review the applicable privacy web page of) the applicable platform operator.
We may participate with third party analytics partners to monitor and analyze Web traffic and to keep track of user behavior on this site.
DO NOT TRACK REQUESTS
Some Web browsers incorporate a “Do Not Track” feature that signals to websites that you visit that you do not want to have your online activity tracked. Each browser communicates “Do Not Track” signals to websites differently, making it unworkable to honor each and every request correctly. In order to alleviate any communication error between browsers and website, we do not respond to “Do Not Track” signals at this time. As the technology and communication between browser and website improves, we will reevaluate the ability to honor “Do Not Track” signals and may make changes to our policy.
We will implement reasonable and appropriate security procedures consistent with prevailing industry standards to protect data from unauthorized access by physical and electronic intrusion. Unfortunately, no data transmission over the Internet or method of data storage can be guaranteed 100% secure. Therefore, while we strive to protect your Personal Information by following generally accepted industry standards, we cannot ensure or warrant the absolute security of any information you transmit to us or archive at this site.
When you transmit Personal Information through our registration process or if you purchase products or services, we encrypt that information in transit using secure socket layer technology (SSL).
After the secure transfer of your Personal Information, the information is maintained and stored with 128-bit encryption.
ONWARD TRANSFER OUTSIDE YOUR COUNTRY OF RESIDENCE
Any Personal Information which we may collect on this site will be stored and processed in our servers located only in the United States. By using this site, if you reside outside the United States, you consent to the transfer of Personal Information outside your country of residence to the United States.
UPDATING PERSONAL INFORMATION
Upon request, we will permit you to request or make changes or updates to your Personal Information for legitimate purposes. We request identification prior to approving such requests. We reserve the right to decline any requests that are unreasonably repetitive or systematic, require unreasonable time or effort of our technical or administrative personnel, or undermine the privacy rights of others. We reserve the right to permit you to access your Personal Information in any account you establish with this site for purposes of making your own changes or updates, and in such case, instructions for making such changes or updates will be provided where necessary.
LINKS TO JOINT VENTURE MARKETING PARTNER SITES
This site may contain links to other websites operated by our joint venture marketing partners. If you do click on any of the links to their websites or accept any of their promotional offers, your click-through information and any information that you provide in the process of registration or purchase will be transferred to these sites. We have no responsibility or liability for the policies and practices of these sites. You should be careful to review any privacy policies posted on any of these sites before providing information to them.
CHILDREN’S ONLINE POLICY
We are committed to preserving online privacy for all of its website visitors, including children. This site is a general audience site. Consistent with the Children’s Online Privacy Protection Act (COPPA), we will not knowingly collect any information from, or sell to, children under the age of 13. If you are a parent or guardian who has discovered that your child under the age of 13 has submitted his or her personally identifiable information without your permission or consent, we will remove the information from our active list, at your request. To request the removal of your child’s information, please contact our site as provided below under “Contact Us”, and be sure to include in your message the same login information that your child submitted.
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>>Material Modifications<< Since : none. Notice: This document is Copyright © Chip Cooper of the law firm of Jones & Haley, P.C., and licensed for use by the owner of this website under distribution rights granted to FTCGuardian.com. All rights reserved worldwide. No part of this document may be copied, reprinted, reproduced, or transmitted in any form or by any means without the prior written permission of the copyright owner.