Affiliate Program Agreement
This Affiliate Program Agreement (the "Agreement") is entered into between MEERMIN USA LLC, with its principal place of business at 123 Mercer Street, New York, NY 10012 (referred to as the "Company"), and the affiliate (referred to as the "Affiliate")
1. Enrollment in the Affiliate Program
1.1 The Affiliate agrees to apply and be enrolled in the Company's Affiliate Program by completing the designated application process provided by the Company.
1.2 The Company reserves the right to accept or reject any affiliate application at its sole discretion.
2. Affiliate Responsibilities
2.1 The Affiliate shall promote the Company's products or services using authorized marketing materials provided by the Company.
2.2 The Affiliate shall comply with all applicable laws, regulations, and industry standards when promoting the Company's products or services.
2.3 The Affiliate shall not engage in any deceptive, misleading, or unethical marketing practices, including but not limited to spamming, cookie stuffing, or using misleading links or content.
2.4 The Affiliate shall maintain accurate and up-to-date contact information in the Company's affiliate portal or platform.
2.5 The Affiliate shall promptly respond to any inquiries or requests for information from the Company regarding their marketing activities.
3. Commission and Payment
3.1 The Company agrees to pay you the commission specified in the Activation once a user performs a qualifying action using the qualifying link displayed on your digital property.
3.1.1 A “Qualifying Action” refers to a purchase of a product, completion or fulfillment of an application, or any other action required by us to qualify for a commission.
3.1.2 A “Qualifying Link” is an URL routing traffic from your site to our site using one of the affiliate URLs or any other URL provided by us for this purpose. The Qualifying Link must be the last link the customer clicks before taking a Qualifying Action.
3.1.3 A "Session" begins when a customer first accesses our site through a link on your site and ends when the customer returns to our site through a link from a site other than yours, or when the Activation expires or is terminated.
3.2 We have the sole right and responsibility for processing all Qualifying Actions by users. You acknowledge that all agreements relating to Qualifying Actions by users will be between us and the user.
3.3 All determinations regarding commission eligibility will be made by the GRIN platform and will be final and binding on both you and us.
3.4 Affiliate payments will be processed on the last Friday of each month via PayPal or another agreed-upon payment method.
4. Term and Termination
4.1 This Agreement shall commence on the date of enrollment in the Affiliate Program and shall continue until terminated by either party.
4.2 Either party may terminate this Agreement at any time for any reason by providing at least five days prior written notice to the other party.
4.3 Upon termination, the Affiliate shall immediately cease using the Company's trademarks, logos, and marketing materials and shall no longer be eligible to receive commissions for sales or actions generated after the termination date.
5. Intellectual Property
5.1 The Company grants the Affiliate a non-exclusive, non-transferable, revocable license to use the Company's, logos, and marketing materials solely for the purpose of promoting the Company's products or services.
5.2 The Affiliate shall not modify or alter any of the Company's, logos, or marketing materials without prior written consent from the Company.
5.3 The Affiliate acknowledges that all intellectual property rights in the Company's trademarks, logos, and marketing materials are the sole property of the Company or affiliated Companies.
6. Confidentiality
6.1 Both parties agree to keep confidential any non-public information disclosed by either party in connection with this Agreement, including but not limited to sales data, customer information, and marketing strategies.
6.2 The confidentiality obligations shall survive the termination of this Agreement.
7. Representations
7.1 Each party represents that it has the authority to enter into this Agreement and sufficient rights to grant any licenses granted hereby. Each party further represents that any material provided to the other party and displayed on the other party's site will not infringe upon any third party's intellectual property rights, violate any applicable laws or regulations, be defamatory or libelous, promote violence or hate speech, or contain harmful programming routines or be damaging for the other party's reputation.
8. Indemnification
8.1 The Affiliate agrees to indemnify, defend, and hold harmless the Company, its directors, officers, employees, and agents from any claims, damages, liabilities, costs, or expenses arising out of or related to the Affiliate's marketing activities or any breach of this Agreement.