Marketing Affiliate Program Agreement

Last update: 08/05/2021

The Marketing Affiliate Program Agreement applies to your participation in our Marketing Affiliate Program.  These terms are so important that we cannot have you participate in our Affiliate Program unless you agree to them.

We periodically update these terms. We might also choose to replace these terms in their entirety if, for example, the Affiliate Program changes, ends, or becomes part of an existing program, including our partner programs. If we update or replace the terms we or the Affiliate Tool will let you know via electronic means, which may include an in-app notification or by email. If you don’t agree to the update or replacement, you can choose to terminate as we describe below.

Non-Exclusivity

This Agreement does not create an exclusive agreement between you and us. Both you and we will have the right to recommend similar products and services of third parties and to work with other parties in connection with the design, sale, installation, implementation and use of similar services and products of third parties.

Enrollment

After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program within 72 hours. We reserve the right to reject any application, but if you feel we have made an incorrect decision, please reach out to us. Including all of the websites that you use, as well as a short plan on how you intend to promote CleverBooks products, in your profile will help us make a more documented decision.

Website/Blog Restrictions

Your participating website/s may not:

1. Use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
2. Violate any law or regulation.
3. Promote sexually explicit materials, violence, discrimination, and/or illegal activities.
4. Contain any form of malware.
5. Contain software/technology that potentially enable diversions of commission from other affiliates in our program.

Affiliate Links
When accepted into our Affiliate Program, links will be made available to you through the affiliate interface. Your application to our program means you agree to the following:

1. You will only use affiliate links obtained from the affiliate interface, without manipulation.
2. You may not create or design your website or any other website that you operate, explicitly or implied in a manner that resembles our website, nor design your website in a manner that leads customers to believe you are CleverBooks or any other affiliated business.
3. You may not engage in cookie stuffing or include false or misleading links on your website.

PPC Guidelines
If you run PPC advertising campaigns, you must adhere to our PPC guidelines as follows:

1. You may not bid on any of our trademarked terms (listed below), including any variations or misspellings, unless you have written approval from the CleverBooks Affiliate Program Manager.
2. You may not bid on our trademarked terms in sequence with any other keyword (i.e. CleverBooks/ARC Coupons), unless you have written approval from the CleverBooks Affiliate Program Manager.
3. You may not use our trademarked terms in your ads, unless you have written approval from the Mondly Affiliate Program Manager.
4.You may not directly link to our website from any Pay Per Click ad or use redirects that have the same result. Affiliates must be directed to a page on your website.

Use of trademarked terms: CleverBooks, Augmented Classroom is strickly prohibited.

You must: (i) only use the images of our trademark that we make available to you, without altering them in any way; (ii) only use our trademarks in connection with the Affiliate Program and this Agreement; (iii) comply with our brandbook Guidelines; and (iv) immediately comply if we request that you discontinue use.  You must not: (i) use our trademark in a misleading or disparaging way; (ii) use our trademark in a way that implies we endorse, sponsor or approve of your services or products; or (iii) use our trademark in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.

Email campaigns
If you intend to promote our Program via e-mail campaigns, you must adhere to the following:

1. Abide by all state and federal consumer protection laws and regulations including the FTC Act, the CAN-SPAM Act, and EU Privacy Law and other international privacy laws and regulations.
2. E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of CleverBooks.
3. E-mails must first be submitted to us for approval prior to being sent.

Social media/SMM Posting

You are prohibited from posting your affiliate links on CleverBooks Facebook, Twitter, etc. SMM pages. It is not permitted to use the @ symbol so that your post shows up on the our page.

Affiliate Representations and Warranties

You represent and warrant that: (i) you have all sufficient rights and permissions to participate in the Affiliate Program and to provision CleverBooks with Affiliate Lead’s for our use in sales and marketing efforts or as otherwise set forth in this Agreement, (ii) your participation in this Affiliate Program will not conflict with any of your existing agreements or arrangements; and (iii) you own or have sufficient rights to use and to grant to us our right to use the Affiliate Marks.

You further represent and warrant that: (i) you will ensure that you are compliant with any trade or regulatory requirements that may apply to your participation in the Affiliate Program (for example, by clearly stating you are a CleverBooks Affiliate on any website(s) you own where you make an Affiliate Link available); (ii) you will accurately provide in the Affiliate Tool all websites and domains you own where you intend to use Affiliate Links to generate Affiliate Leads; (iii) you will not purchase ads that direct to your site(s) or through an Affiliate Link that could be considered as competing with CleverBooks own advertising, including, but not limited to, our branded keywords; (iv) you will not participate in cookie stuffing or pop-ups, false or misleading links are strictly prohibited; (v) you will not attempt to mask the referring URL information; (vi) you will not use your own Affiliate Link to purchase CleverBooks products for yourself; and (vii) you will not use any mechanisms to deliver leads other than through an intended consumer. This includes sourcing leads through compilations of personal data such as phonebooks, using fake redirects or other tools or automation devices to generate leads (including but not limited to robots, lframes, or hidden frames), or offering incentives to encourage purchases or signups.

Reversal Policy
We reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions. Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner.