Affiliate Program Agreement
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in lalal.ai's Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the lalal.ai web site. Please note that throughout this Agreement, "we," "us," and "our" refer to lalal.ai, and "you," "your," and "yours" refer to the affiliate.
2. Affiliate Obligations
2.1 To begin the enrollment process, you will complete and submit the online application at the lalal.ai. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
2.1.1 Promotes sexually explicit materials.
2.1.2 Promotes violence.
2.1.3 Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
2.1.4 Promotes illegal activities.
2.1.5 Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law.
2.1.6 Includes "lalal.ai", variations or misspellings thereof in its domain name
2.1.7 Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8 Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9 You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are lalal.ai or any other affiliated business.
2.2 lalal.ai reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.3 The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
3. Lalal.ai Rights and Obligations
3.1 We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to further notify you of any changes that we feel should be made. If you do not make the changes to your site that we believe are necessary, we reserve the right to terminate your participation in the lalal.ai Affiliate Program.
3.2 Lalal.ai reserves the right to terminate this Agreement and your participation in the lalal.ai Affiliate Program immediately and without notice to you should you commit fraud in your use of the lalal.ai Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, lalal.ai shall not be liable to you for any commissions for such fraudulent sales.
3.3This affiliate Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. Modifications may include, but are not limited to, changes in the payment procedures and Lalal.ai's Affiliate Program rules. Lalal.ai reserves the right to change the pricing policy without changing the percentage of the affiliate commision. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in lalal.ai's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
Lalal.ai uses a third party to handle all of the tracking and payment. The third party is the firstpromoter.com affiliate platform. The payment will be made via Paypal, post 35 days once the minimum amount of 150 USD is reached.
7. Access to Affiliate Account Interface
You will create a password so that you may enter firstpromoter.com’s secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you.
8. Promotion Restrictions
8.1 You are free to promote your own web sites, but naturally any promotion that mentions lalal.ai and its products could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by lalal.ai. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote lalal.ai as long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote lalal.ai as long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from lalal.ai. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the lalal.ai Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.2 The affiliate acknowledges and agrees that bidding on keywords such as "lalal.ai", "lalal", "www.lalal", "www.lalal.ai", names of any future products, or any variation or misspelling thereof in any online advertising campaign is strictly prohibited. The use of these keywords in any context, including but not limited to, pay-per-click (PPC) advertising, search engine optimization (SEO), or any other form of online marketing, is considered a trademark violation and will result in termination of the affiliate's partnership with Lalal.ai. We will do everything possible to contact the affiliate prior to the ban. The affiliate shall be solely responsible for any liability arising from such trademark infringement, and Lalal.ai shall not be held liable for any damages or losses resulting from the affiliate's actions.
8.2.1 All Google Ads links generated by the affiliate must initially direct traffic to the affiliate's own website or blog before redirecting to lalal.ai. Direct linking from Google Ads to lalal.ai is strictly prohibited without prior written consent from lalal.ai. This clause ensures that the affiliate maintains their own online presence and fosters an environment where the affiliate can effectively promote lalal.ai through their own platform.
8.3 Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in lalal.ai’s service).
8.4 Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited lalal.ai’s site (i.e., no page from our site or any lalal.ai’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of lalal.ai site in IFrames, hidden links and automatic pop ups that open lalal.ai’s site; (d) targets text on websites, other than those websites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
LALAL.AI MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING LALAL.AI SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF LALAL.AI ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
10. Limitations of Liability
TWE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL LALAL.AI'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
Last update: 04.07.2023
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