Legal Operating Agreement
This legal operating agreement (hereinafter “Agreement”) is made between you (hereinafter “you” or “Publisher”) and Affdollar LLC (hereinafter “we” or “Affdollar”), collectively referred to as the “Parties.” This document outlines your rights and obligations.
Affdollar manages an affiliate network (hereinafter “Network”) where advertising companies (hereinafter “Advertisers”) and Publishers can collaborate.
Please read the following terms and conditions carefully, as they govern your access to and use of our website, affdollar.com (collectively, the “Website”). Affdollar will only license use of the Website if you accept all terms and conditions herein. If you do not agree, you should not participate in the Network. If you are accessing this Agreement on behalf of a business, you represent that you have the authority to bind that entity.
By using our Network and promoting Advertisers’ campaigns (hereinafter “Campaigns”) and/or creative materials (hereinafter “Campaign Media”), you agree to adhere to their restrictions and promotional terms. Each Campaign links to a specific website established by the Advertiser (hereinafter “Campaign Website”).
1. Participation
To become a Publisher, you must submit an application through our Website. You must accurately complete the application and provide future updates. The use of aliases or any means to mask your identity or contact information is strictly prohibited. We will notify you of your acceptance or rejection within two (2) business days. We reserve the right to accept or reject applications at our sole discretion.
2. Obligations of Affdollar
Upon acceptance as a partner and your compliance with this Agreement, Affdollar agrees to:
- Provide graphic and textual links to Campaigns for display on your websites, emails, and online advertisements (hereinafter “Media”).
- Assign unique links (hereinafter “Links”) for each Campaign, which will identify you as a member of our Network and link your Media to the Campaign Website.
- Pay you for each Qualified Action (hereinafter “Commission”), defined as an individual who:
- Accesses the Campaign Website via the Link,
- Is not a computer-generated user,
- Completes all required information within the allowed time,
- Is not later determined by Affdollar to be fraudulent or unqualified.
- Pay Commissions monthly if your account exceeds $50. Balances under $50 will roll over until the threshold is reached. We reserve the right to charge back any Commissions that do not meet the Qualified Action requirements.
- Generate an invoice for all Commissions payable under this Agreement. If you dispute any portion of an invoice, you must do so in writing within thirty (30) days. If no dispute is raised, you waive any claims based on that invoice.
- Offset any amounts you owe to Affdollar from your account against any amounts payable to you.
3. Obligations of the Publisher
You agree to:
- Be solely responsible for the development, operation, and content of your Media.
- Ensure that all materials are legal and do not infringe on third-party rights or contain any Offensive Content.
- Not make unauthorized representations about Affdollar or Advertisers.
- Ensure your Media does not mimic the Campaign Website or imply endorsement without permission.
- Comply with all laws and any third-party service terms related to your Media.
- Provide a privacy policy and terms that are accessible to end-users before collecting personal information.
- Not place Affdollar ads on online auction platforms (e.g., eBay, Amazon).
- Avoid misleading promotions or adult content.
4. Confidentiality
You agree to keep all information related to this Agreement and Affdollar confidential, except as required by law. You will not use such information to compete with Affdollar.
5. Limited License & Intellectual Property
Affdollar grants you a nonexclusive, nontransferable, revocable license to use the Website solely to identify your Media as a participant in the Network. You may not alter any Campaign Media or Network materials. Licenses may be revoked at any time.
6. Termination
This Agreement begins upon your application and continues until terminated. You may terminate participation by removing all Links from your Media. Affdollar may terminate your participation for any reason with or without notice.
7. Remedies
Affdollar reserves the right to withhold Commissions or charge back previously paid Commissions if you violate this Agreement or if any Commission is deemed invalid.
8. Anti-Spam Policy
You must comply with applicable anti-spam laws, including the CAN-SPAM Act.
9. Fraud
Fraudulent activity, including deceptive practices to generate Commissions, is strictly prohibited. Affdollar will make determinations regarding fraud at its sole discretion.
10. Representations and Warranties
You represent that this Agreement is legally binding and that you have the authority to enter into it. Affdollar represents that it will not knowingly violate applicable laws.
11. Notices from Affdollar
Notices may be given via email, posted on the Website, or via conventional mail. By signing up, you agree to receive emails from Affdollar.
12. Modifications
Affdollar may modify the terms of this Agreement by notifying you via email. If you do not accept the modifications, you may terminate the Agreement within ten (10) business days.
13. Independent Investigation
You acknowledge that you have read this Agreement and are not relying on any representations outside of it.
14. Indemnification
You agree to indemnify Affdollar and Advertisers against any claims arising from your breach of this Agreement or misuse of the Network.
15. Disclaimers
The Network, Links, and services are provided “as is.” Affdollar disclaims all warranties and does not guarantee specific earnings.
16. Limitation of Liability
Affdollar is not liable for any disruptions or indirect damages. Liability is limited to amounts paid to you in Commissions during the three (3) months prior to any claim.
17. Governing Law & Miscellaneous
This Agreement will be governed by the laws of the State of Delaware. The courts in Delaware will have exclusive jurisdiction. You may not assign this Agreement without consent, while Affdollar may assign it at any time.
This Agreement represents the entire understanding between the Parties and supersedes any prior agreements. If any provision is found to be invalid, the remaining provisions will remain in effect.
Each Party is an independent contractor; nothing herein creates a partnership or employment relationship.