AFFILIATE POLICY
1) COMMISSIONS. MindMovies offers commissions to qualified individuals who drive internet traffic to its site, resulting in sales (“Affiliates”). To apply to become an affiliate of MindMovies, you must submit an online application at http://www.mindmovies.com/footer/affiliate.html. If you qualify, you will receive an affiliate link and suggested banners and advertisements, which you can post on your website. In exchange for sending MindMovies traffic that leads to sales, you will be paid a commission.
- a) COMMISSIONS. Each MindMovie product that the customer purchases with one payment only is eligible for commissions according to the following schedule:
- i) 1st Tier Referring Affiliate = 50%
- ii) 2nd Tier Affiliate = 10%
All payments are subject to this Agreement, and our Accounting and Refunds Policies.
2) LINKS. The Affiliate is solely responsible for testing links to ensure they are working properly. MindMovies shall have no liability for inoperable or incorrectly placed links. The Affiliate may only use a Qualifying Link to drive traffic to MindMovies.com. A “Qualifying Link” is a link from Affiliate’s site to MindMovies using one of the Required URLs or any other URL provided by MindMovies for use.
3) STATISTICS. MindMovies will provide each affiliate details associated with the amount of sales they’ve made, the amount of clicks on their products they’ve received, and the amount of commissions they are set to earn. Affiliates will be able to log into their MindMovies account profile and will be given these options under the “Reports” link, located here: http://jv.mindmovies.com/affiliates/login.php#login
4) DETERMINING AFFILIATE TRAFFIC. MindMovies.com has an internal tracking system for determining which Affiliate drove traffic resulting in sales, thus earning commissions. MindMovies system is automated, and not subject to review or appeal. If you believe there has been some problem or defect in MindMovies’ system, you may bring it to our attention by emailing jv@MindMovies.com, but this does not guarantee a resolution in your favor. Any decision rendered will be final and binding on both MindMovies and the Affiliate.
5) PRICES. Prices for the products will be set solely by MindMovies in its discretion.
6) ORDERS. MindMovies shall have the sole right and responsibility for processing all orders made by Customers. Affiliate acknowledges that all agreements relating to Customer sales shall be between MindMovies and the Customer.
7) BREACH. MindMovies reserves the right to withhold or reverse commissions if Affiliate is in breach of this Agreement or has engaged in any fraudulent activity, including, but not limited to, cookie stuffing, cloaking, or forcing pop-ups.
8) OWNERSHIP AND LICENSES & TRADEMARK OR COPYRIGHT INFRINGEMENT. MindMovies has trademarked the terms, “Mind Movies” and “Mind Movie” along with all other product names. By virtue of joining our affiliate program, you are only allowed to sell MindMovies’ products. You hereby agree not to infringe on our Copyright or Trademarks in any way. This includes using our free offers, or products to grow your list, and any marketing which would confuse your website, emails, or other communication with an official MindMovies’ site. If you are found to be in violation of this paragraph, MindMovies will immediately freeze your affiliate account, you will surrender all earnings, and you will be liable for all remedies available at law or in equity. If you have the name “MindMovies” in your URL, you will be asked to transfer it, at your expense, to MindMovies immediately and without compensation.
a) Each party owns and shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or that it may use or develop in the future.
b) MindMovies grants Affiliate a revocable, non-exclusive, worldwide license to use, reproduce and transmit the name, logos, trademarks, service marks, trade dress and proprietary technology provided by MindMovies solely for the purpose of creating links from Affiliate’s site to MindMovies. Except as expressly set forth in this Agreement or permitted by applicable law, Affiliate may not copy, distribute, modify, reverse engineer, or create derivative works from the same. Any good will resulting from Affiliate’s use of MindMovies’s name, logos, trademarks, service marks and trade dress will inure solely to the benefit of MindMovies and will not create any right, title or interest for Affiliate. Affiliate may not sublicense, assign or transfer any such licenses for the use of the same, and any attempt at such sublicense, assignment or transfer is void.
c) Affiliate may use only the logos, trademarks, service marks, trade dress, banners, text links, coupon codes, etc. (“Creative”) that are provided by MindMovies. Creative is to be used solely for the purpose of advertising content on MindMovies. You may not re-purpose MindMovies’ content to promote other affiliates’ products. Affiliate shall not use the Creative in connection with any activity that disparages MindMovies, or its products or services, or that damages the reputation for quality inherent in the same. The use of Creative that is posted on other sites, found in other emails or other sources, manipulated in any way or derived from any means besides MindMovies is not permitted. If Affiliate does not fully comply with this provision MindMovies may withhold commissions, immediately terminate this Agreement, permanently remove Affiliate from the program, or utilize any remedy otherwise available to it in law or in equity.
d) Affiliate’s use of MindMovies’s name, logos, trademarks, service marks, and trade dress pursuant to Section 7.2 and 7.3 must be in a manner that is clearly less prominent than that of Affiliate’s name, logos, trademarks, service marks, trade dress, products and/or site name. Affiliate shall not create or attempt to create an impression that there is an association or affiliation between MindMovies and Affiliate beyond the arrangement outlined in this Agreement.
e) Affiliate shall always maintain the quality of its services at a level satisfactory to MindMovies. MindMovies shall at times have the right to review Affiliate’s activities related to this Agreement.
f) Affiliate shall immediately cease using MindMovies’s name, logos, trademarks, service marks, trade dress, proprietary technology and any Creative upon the termination or expiration of this Agreement.
g) Affiliate grants MindMovies a non-exclusive, worldwide, royalty-free license to use, reproduce and transmit any graphic or banner ad submitted by Affiliate solely for co-branding purposes or as a return link from MindMovies’s site to Affiliate’s site. MindMovies will remove such graphic or banner ad upon Affiliate’s request.
9) EMAILS. If you receive any messages or communications by electronic means, including, but not limited to email and instant messages ("Emails") in connection with the direct or indirect Promotion or sale of any Product and/or Your use of the MindMovies’ Services, then You agree and acknowledge that (i) MindMovies does not guarantee, or assume any liability for, the accuracy, completeness, efficacy or timeliness of any information contained in Emails nor is it responsible for any bonuses, prizes, or other incentives offered by Vendors or Affiliates; (ii)Your use of any information presented by a Vendor or Affiliate via Email is voluntary, and Your reliance on any information contained therein is at Your own risk; (iii) MindMovies does not independently review or verify information that Vendors and Affiliates submit via Email; and (iv) MindMovies does not verify statements, claims, incentives or Promotions made by Vendors or Affiliates via Email. If You send, or cause to be sent, any Emails in connection with the direct or indirect Promotion or sale of any Product and/or Your use of the MindMovies’ Services, then You agree, acknowledge, represent and warrant that all such Emails shall be in full-compliance with all applicable federal and state laws and regulations regarding the use of electronic messages, including without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 ("CAN-SPAM Act") and the Children's Online Privacy Protection Act of 2000 ("COPPA") (Information on these laws can be found at http://www.ftc.gov/spam/ and http://www.ftc.gov/privacy/privacyinitiatives/childrens.html). Without limiting the generality of the foregoing, You shall not directly or indirectly:
a. Send, initiate or procure the sending of an Email to any Person who has either not explicitly requested to receive such messages specifically from You, including without limitation for the purposes of sending unsolicited bulk email, executing any "mass mailings" or "email blasts," or for the purpose of spamming any public forum, including without limitation, any blog, message board, classified listings, auction sites, altnet, newsnet, newsgroups, or similar service.
b. Send, initiate or procure the sending of an Email to any Person who has explicitly requested to receive no further Emails from You or Your company.
c. Employ any false or deceptive information regarding Your identity, or regarding the intent, subject, or origin of the message or fail to include accurate information regarding Your identity, and the intent, subject, and origin of the Email.
d. Employ any incomplete, invalid, deceptive, fake, or forged message headers.
e. Use any mousetraps or windows that reappear, spawn new windows or otherwise resist being closed.
f. Exploit documented or undocumented security holes on any client or server machine.
g. Fail to (i) include clear, valid, and conspicuously displayed "From" and "Subject" lines in the Email, (ii) include a functioning return address (or hyperlink) in the Email that enables the recipient to submit a request to receive no further messages from You ("Opt Out Request") for no less than 30 days from the date the Email was sent; or (iii) honor any Opt-out Request within 10 days of receipt of such Opt-out request by You.
h. Obtain email addresses via automated means or send any Email to any address which was obtained via automated means, including via the automated combination of names, letters, or numbers, dictionary attacks, or the use of spyware, viruses, or other means of bypassing system security or invading consumer privacy.
i. Send any Email from, or make such Email appear to have been sent from, any address that was obtained via the use of scripts or other automated means to register for multiple electronic mail accounts or online user accounts from which to transmit unsolicited or misleading email messages.
j. Send or relay any Email from any protected computer or network accessed without authorization.
k. Employ any fraudulent, deceptive, false or misleading information in connection with the Emails.
l. Send any commercial marketing Email or Promotion to, or collect any personally identifiable information from, any person who is under 13 years of age.
10) CONDUCT / NETWORK ABUSE. PROHIBITIONS. All MindMovies users are prohibited from using our services in conjunction with any form of network abuse, spamming, spyware, denial of service, or other illegal activity. Sending any email to purchased lists or lists obtained by any other method (such as harvesting) is not acceptable. Clients may only send email to recipients who have joined mailing lists directly from their own website.
a)REPORT ABUSE. Please report any abuse of MindMovies resources promptly so that we can take corrective action against any offending accounts.
-If you have arrived at this page several times via unwanted popup windows, your machine may be infected with a virus. Such viruses can often be removed using anti-spyware utilities. Click HERE for Microsoft's free spyware removal tool.
-To report unwelcome email, newsgroup crossposting, or abuse on online classified sites or social networking sites, please notify our Security Department at support@MindMovies.com. If you are able to cut and paste the full body and header of the offending message in the form, please send that information along with your email.
-To report sites using mousetraps, such as windows that spawn new windows or otherwise resist being closed, please forward the offending URL to support@MindMovies.com.
-To report copyright or trademark abuse, please consult our DCMA and Trademark Policy.
11) TERMINATION. Either party (MindMovies or the Affiliate) may unilaterally terminate this agreement at any time and without notice.
ACCOUNTING
1. PAYMENT FREQUENCY. All Approved payments to Affiliates will be issued once a month, nearest to the 15th business day of each month. If the 15th falls on a Saturday, Sunday, or Holiday, MindMovies will pay the Affiliate on the next business day. Payments become Approved after a 60-day Pending period.
2. PAYMENT METHOD. All payments shall be made through a paypal account.
3. PAYMENT THRESHOLD. No payments shall be made to any affiliates until their balance owed is greater than their payout minimum set in their affiliate area (the minimum possible is $100.00 USD).
4. CURRENCY (USD). All payments shall be made in United States Dollars, and the affiliate is responsible for any conversion fees, taxes, or exchange rates resulting from said payments.
5. RETURNED SALES. As part of our commitment to quality customer service and satisfaction, MindMovies may approve a return and or refund. When a sale is returned, the customer receives a 100% refund and payouts from that sale are debited back out of the corresponding Affiliate and/or Tour Creator accounts.
6. REVOKED SALES. A purchase is revoked if the customer's bank later claims the purchase was unfunded, unauthorized or fraudulent. Revoked sales cost MindMovies money and harm our reputation as a reliable Product retailer. MindMovies reserves the right to charge a fee per credit card chargeback, up to $100, if an affiliate’s leads generate in excess of 1% chargebacks in any 90-day period.
These practices can help prevent revoked sales:
-Remind the customer that your Product brand name will not appear on their credit card statement. Instead they will see the name of Product retailer "MINDMOVIES*COM".
-Make it very easy for customers to contact you for technical support. Prominently display your email address on the page so that they can write it down. If you have a business phone number, provide them with that too.
-Add your customer service email address and customer service phone number (if you have one) within your MindMovies account, as well, so that MindMovies can refer customers back to you if they contact us directly.
-Let customers know that Product is backed by MindMovies's guarantee of quality customer service and that MindMovies will be happy to help them if there is any problem with their purchase.
7. DETERMINATION OF AFFILIATE. The Affiliate (if any) associated with any MindMovies sale is determined by an automated customer tracking system. Any decision made by this system is final and not subject to petition or appeal. Though we believe our tracking system to be more fair and accurate than any alternative, we make no representation regarding the ability of the system to track any specific customer, for any specific length of time.
8. ACCOUNT CLOSURE. You may close your account at any time. Any closing balance under $100 will be forfeited. To close your account, please email jv@MindMovies.com.
9. CUSTOMER DISTRIBUTION REQUIREMENT. MindMovies will withhold payment of any account balance until the following criteria is met:
-Sales made with 5 or more different credit card numbers; and,
-Sales made with two different payment methods (either Visa, MasterCard, or American Express)
This requirement is in place to help prevent Affiliates from abusing the MindMovies Affiliate program by using their accounts for the sole purpose of fraudulently collecting rebates and/or discounts on their own purchases. Once you have met the Customer Distribution Requirement, your account will begin issuing payments normally, in accordance with our Accounting Policy, beginning on the next payment issuing date.
10. DORMANT ACCOUNTS. Accounts with fewer than 200 legitimate and unique opt-ins in a 12-month period are considered dormant. All future earnings will be forfeited on dormant accounts, and dormant accounts are not eligible for re-occurring sales or follow up sales.
11. TAXPAYER ID NUMBER REQUIREMENT FOR U.S. BASED AFFILIATES. U.S. based Affiliate accounts are required to have a taxpayer ID number of some kind linked to their account, at a minimum a social security number. If inputting a social security number, be sure to use the proper 9-digit format including dashes: 123-45-6789.
12. CHOICE OF LAW and VENUE. By acting as a MindMoves’ Affiliate, you hereby agree to submit to personal jurisdiction in the State of California, and any actions brought against MindMovies should be held in San Diego, California.
13. ARBITRATION. Any matter that arises involving the performance or interpretation of this Agreement that the Parties are unable to settle by mutual agreement, shall be settled and determined exclusively by arbitration in San Diego, California, which shall be conducted in accordance with the then prevailing commercial arbitration rules and regulations of the American Arbitration Association. Service of legal process may be made by certified mail in the manner for Notices hereunder. Nothing in this Section shall prevent any party from seeking injunctive relief in any court of competent jurisdiction in connection with any material breach of this Agreement by any party hereto.
14. ATTORNEYS FEES. In the event of any litigation arising from this Agreement between the Members, the prevailing party shall be entitled to recover all of his attorneys’ fees, costs, expert fees, and other related expenses incurred in such arbitration or litigation. Early dismissal, or summary judgment will constitute “prevailing” for the sake of this Agreement.