Terms and Conditions for Five Minute Social Media Pro Affiliate Program

Affiliate Program Use and Consent 

By joining and participating in the Affiliate Program offered by Candy and Potter Media dba Five Minute Social Media (hereinafter “Company,” “we,” “our,” “us”), you (hereinafter “Affiliate,” “you,” “your”) agree to be bound by these Terms and Conditions for Affiliate Program (hereinafter “Terms and Conditions”), whether you have read them or have had the opportunity to read them and have chosen not to. These Terms and Conditions incorporate by reference our Privacy Policy.

You agree to ensure that your employees, contractors, agents, and representatives will comply with these Terms and Conditions. 

Please note that these Terms and Conditions do not alter in any way the terms and conditions you may have with us for other products and/or services. 

Affiliate Enrollment 

To enroll in the Affiliate Program you must: (1) complete the registration process, (2) agree to these Terms and Conditions for the Affiliate Program, and (3) provide a valid PayPal account for receipt of Affiliate Commissions. 

Affiliate Tracking Cookies

Upon your enrollment in the Affiliate Program, you will receive a unique affiliate link in the Affiliate Area.

We use cookies to track affiliate sales through a WordPress Plugin called AccessAlly: 

• When a customer clicks on your affiliate link, the tracking cookies are stored in the customer’s browser. The cookies will remain in the customer’s browser for 180 days or until the customer clears their cookies. 

The affiliate commission will be credited to the last affiliate link the customer clicked before making a purchase.

Candy and Potter Media and https://members.fiveminutesocialmedia.com are not responsible for cookies intentionally deleted by customers.

Affiliate Commissions 

You will receive per-sale affiliate commissions in the amount of 30% of the gross sales that we receive from customers for the purchase of the Five Minute Social Media Pro using your unique affiliate link in USD. 

No affiliate commissions will be paid for sales made before you registered for the Affiliate Program. 

You agree not to act on behalf of the customer to complete their order using your affiliate link.

A statement of your affiliate commissions is available to you in the Affiliate Hub.

Members who are also affiliates will only receive commissions as long as they are also a member in good standing.

Commission Payments

Any affiliate commissions you have earned will be paid out to you after a holding period of 45 days. We reserve the right to extend this holding period without prior notice for as long as necessary to confirm the validity of a sale. You will not receive affiliate commissions for any canceled, returned, charged back, or refunded transactions.

Affiliate commissions are paid out after the requisite holding period once your affiliate account has reached the threshold amount of $50.

We process commission payments once per month on or about the 25th day of every month (excluding holidays and weekends, which will be paid on or about the next business day).

For illustration purposes, if you make a sale on February 6th, you would likely receive your affiliate commissions on or about March 25th. 

If a transaction is canceled, returned, charged back, or refunded after your affiliate commissions are paid out, a negative balance will be created in your affiliate account and will be deducted from your future affiliate commissions. If you terminate your affiliate account with a negative balance, an invoice will be generated and you will be responsible to pay the outstanding balance within 30 calendar days. 

Affiliate commissions are paid out via PayPal or check by mail and you are responsible for any and all transaction fees.

You are also responsible for all taxes and reporting requirements in connection with your affiliate commissions. 

You agree to ensure that your information, including, but not limited to, your name, email address, payment information, and any other details we may require are kept up to date. Your commission payments will be suspended until we have all required information. Payment on your suspended commissions can be claimed up to 3 months from the date they would have otherwise been due to be paid. After the 3 month period you forfeit any accrued, unpaid commissions.

Candy and Potter Media is not responsible if you provide incorrect payment information and cannot guarantee the ability to resend payments due to errors in the payment information you provided.

Affiliate Responsibilities 

You agree not to violate any laws, regulations, regulatory rules, or guidelines in connection with your participation in the Affiliate Program. 

You agree not to engage in any behavior that is fraudulent or harmful to us or that would damage our reputation.

Affiliate Advertising 

You agree to use the promotional materials found in the Affiliate Area only as authorized in these Terms and Conditions. 

You agree not to use any illegal or inappropriate advertising technique. 

You agree not to create advertisements on your site or social media that appear on sites that contain pornography; graphic violence; drugs; alcohol; gambling; content that is harmful, threatening, defamatory, unlawful, abusive, harassing, obscene, vulgar, hateful, or otherwise objectionable; or solicit unlawful or offensive behavior. 

You agree not to engage in Black Hat SEO to generate more referrals for your affiliate links, including, but not limited to:

• Cloaking (i.e., showing one piece of content to search engines and another to the website viewer)
• Key word stuffing (i.e., filling your content with irrelevant key words)
• Sneaky re-directs (i.e., sending someone to a link other than the one they initially clicked while masking the original source)
• Link farms (i.e., entering into a reciprocal relationship with another website or paying a provider for inbound links)
• Private Blog Networks (i.e., a network of websites used to build links to a single website)
• Blog comment spam (i.e., spamming other blogs with your affiliate link in the comments)

You agree not to bid on keywords containing Five Minute Social Media, including any misspelling or variations thereof or in sequence with any other keyword(s), for Pay-Per-Click or Pay-Per-Impression campaigns on any search engine (including, but not limited to, Google, Yahoo, Bing, or MSC) or any social media platform (including, but not limited to, Facebook, Instagram, or Pinterest).

You agree that your domain or sub-domain name shall not contain Five Minute Social Media, including any misspelling or variations thereof. 

You agree that your social media accounts shall not contain Five Minute Social Media, including any misspelling or variations thereof, in the username or page name. 

You agree not to “self-refer” using your affiliate links, meaning only transactions with other persons will result in affiliate commissions. 

You agree not to post your affiliate link on our social media accounts in an attempt to generate more referrals for your affiliate links.

You agree not to advertise through a sub-affiliate network since any and all affiliates must agree to these Terms and Conditions. 

You agree not to offer any promotional offer or price-saving method, including, but not limited to, coupons or discount codes, without our prior approval in writing. 

You agree that your website (any website that you link to https://fiveminutesocialmedia.com or https://members.fiveminutesocialmedia.com) will not give the impression that it is https://fiveminutesocialmedia.com or https://members.fiveminutesocialmedia.com or any part of https://fiveminutesocialmedia.com or https://members.fiveminutesocialmedia.com.

Affiliate Disclosure Requirements 

You agree to comply with the Federal Trade Commission (FTC) regulations and any other applicable laws, rules, or regulations with respect to endorsements and affiliate marketing.

You agree that any and all statements you make about Candy and Potter Media or Five Minute Social Media, and our products and services will reflect your personal opinions and experiences and be true and accurate.

You agree to include a disclosure statement within any and all blog posts, social media posts, or other content where you include your affiliate link. Your disclosure statement should state that you receive compensation for any sales made using your affiliate link.

Your disclosure should be: 

• Designed to be seen,
• As near to the affiliate link as possible, and
• “Above the fold” on any social media posts (so that a reader does not have to click “read more” or scroll to see it).

You can read more about the FTC disclosure requirements here: https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking

Affiliate Privacy Requirements

You agree to comply with any and all laws, regulations, regulatory rules, and/or guidelines in your jurisdiction with respect to the collection and use of personal information, including, but not limited to, names, email addresses, and phone numbers.

You agree to respect the privacy of consumers and be transparent about your data collection and use practices.

Intellectual Property

The promotional materials provided in the Affiliate Area may contain Five Minute Social Media logos, trade names, or service marks. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free license to access, download, and use the promotional materials found in the Affiliate Area and to establish hyperlinks between your and our websites for the sole purpose of promoting Five Minute Social Media. We reserve all other intellectual property rights.

You may not edit the graphics provided in the Affiliate Area any way.

Except as to the limited license provided by these Terms and Conditions, you do not obtain any intellectual property rights with respect to Five Minute Social Media or https://fiveminutesocialmedia.com or https://members.fiveminutesocialmedia.com. 

Except as to the limited license provided by these Terms and Conditions, you and us retain all right, title, and interest to your and our rights and no right, title, or interest is transferred to the other.

Upon termination of your participation in the Affiliate Program, the limited, non-exclusive, non-transferable, non-sublicensable, revocable license shall also terminate. 

Independent Contractor Status

You agree that you are an Independent Contractor and nothing in these Terms and Conditions shall create any partnership, joint venture, agency, franchise, sales representative, or employment relationship. 

You agree that you have no authority to act, to make any representation, to enter into any contract or commitment, or to incur liability on behalf of the Company.  

You shall cooperate with us to complete any documentation necessary to comply with applicable tax obligations, including, but not limited to, a Form W-9.

Earnings Disclaimer 

You understand and agree that your success in the Affiliate Program depends entirely on your business experience, motivation, and individual capacity. 

We make no guarantees of any kind as to your earnings and income from the Affiliate Program. 

No Warranty or Liability 

WE MAKE NO REPRESENTATION THAT THE OPERATION OF THE AFFILIATE PROGRAM AND HTTPS://MEMBERS.FIVEMINUTESOCIALMEDIA.COM WILL BE ERROR FREE OR UNINTERRUPTED AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS, ERRORS, OR LOSS OF DATA.

THE AFFILIATE PROGRAM, THE PROMOTIONAL MATERIALS, AND HTTPS://MEMBERS.FIVEMINUTESOCIALMEDIA.COM ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

YOU AGREE THAT CANDY AND POTTER MEDIA AND HTTPS://MEMBERS.FIVEMINUTESOCIALMEDIA.COM ARE NOT LIABLE TO YOU OR OTHERS IN ANY WAY FOR DAMAGES OF ANY KIND ARISING FROM THE AFFILIATE PROGRAM, THESE TERMS AND CONDITIONS, OR THE USE OF HTTPS://MEMBERS.FIVEMINUTESOCIALMEDIA.COM, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND/OR SPECIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW IN THOSE JURISDICTIONS. 

YOU AGREE THAT CANDY AND POTTER MEDIA AND HTTPS://MEMBERS.FIVEMINUTESOCIALMEDIA.COM ARE NOT LIABLE FOR ANY LOSS INCURRED BY YOU OR YOUR BUSINESS, INCLUDING, BUT NOT LIMITED TO, LOSS OF CLIENTS, LOSS OF GOODWILL, LOSS OF INCOME OR REVENUE, LOSS OF ANTICIPATED INCOME, LOSS OF SALES, LOSS OF DATA, COMPUTER FAILURE, COMPUTER VIRUS OBTAINED BY USE OF OUR WEBSITE OR ITS CONTENT, OR ANY OTHER SIMILAR ISSUE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND. 

CANDY AND POTTER MEDIA AND HTTPS://MEMBERS.FIVEMINUTESOCIALMEDIA.COM CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE TO YOU OR OTHERS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AFFILIATE COMMISSIONS PAID TO YOU DURING THE ONE MONTH PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY.

We expressly exclude any liability to the fullest extent of the law. 

By participating in the Affiliate Program, you agree to this limitation of liability and release Candy and Potter Media or https://members.fiveminutesocialmedia.com from any and all claims.

Indemnification 

You agree at all times to defend, hold harmless, and indemnify Candy and Potter Media or https://members.fiveminutesocialmedia.com, and any affiliates, agents, directors, officers, employees, shareholders, partners, members, or other party associated with Candy and Potter Media or https://members.fiveminutesocialmedia.com, from any and all claims, causes of action, losses, damages, lawsuits, judgments, including attorney’s fees and costs, arising from the Affiliate Program and these Terms and Conditions, as well as any third-party claims of any kind arising from your actions in relation to the Affiliate Program.

Should we be required to defend ourselves in any action directly or indirectly involving you, you agree to provide any documents, testimony, evidence, or other information we deem useful to us free of charge. 

Waivers

No failure to exercise and no delay in exercising any right, remedy, or power under these Terms and Conditions shall operate as a waiver thereof.

Assignment

You may not assign the rights or obligations set forth in these Terms and Conditions.

Entire Agreement

These Terms and Conditions express the full and complete understanding of you and us with respect to the Affiliate Program and supersede all prior or contemporaneous proposals, agreements, representations and understandings, whether written or oral, with respect to the Affiliate Program.

Termination 

You may terminate your affiliate account at any time and for any reason by contacting us through the Affiliate Area. 

We reserve the right to terminate your participation in the Affiliate Program at any time and for any reason, with or without notice. 

Any affiliate commissions due at the time of termination will be paid in accordance with the regular payout cycle if your termination is for any reason other than failure to comply with these Terms and Conditions. 

Failure to comply with these Terms and Conditions will result in the termination of your right to participate in the Affiliate Program and your forfeiture of any accrued, unpaid commissions. 

Upon termination of your affiliate account, you shall remove any and all promotional materials, hyperlinks, logos, trade names, or service marks of Five Minute Social Media or https://members.fiveminutesocialmedia.com from your website and social media within 14 days. 

Dispute Resolution and Jurisdiction 

These Terms and Conditions shall be governed and construed according to the laws of the State of Washington, without regard to conflict of laws principles. The nearest state and federal court to Seattle, Washington shall have exclusive jurisdiction over any case or controversy arising from your participation in the Affiliate Program.

By participating in the Affiliate Program, you submit to the exclusive jurisdiction and venue of these courts and waive any defense of forum non conveniens.

In the event that Candy and Potter Media must make a claim for any breach of these Terms and Conditions by negotiation, litigation, mediation, or arbitration, we shall be entitled to recover attorney’s fees and costs. 

Severability

If any provision of these Terms and Conditions shall be declared unenforceable or invalid, all remaining provisions shall remain in full force and effect. 

Modification of Terms and Conditions

We may change, modify, or update these Terms and Conditions at any time and for any reason in our sole discretion. We will notify you of any such revisions by email (if you have provided your email to us) and/or a prominent notice displayed in the Affiliate Area and a modified effective date on the Terms and Conditions.

The revised Terms and Conditions will be effective immediately. If you do not agree to the revisions, you must terminate your affiliate account within 10 days of the revisions.

Miscellaneous

(a) Customers who purchase our products from Candy and Potter Media or Five Minute Social Media or https://members.fiveminutesocialmedia.com are our customers and we shall be responsible for order fulfillment and payment processing; our standard policies and operating procedures apply. We may change our standard policies and operating procedures at any time for any reason without notice.

(b) These Terms and Conditions shall be construed as to their fair meaning and not strictly for or against either you or us.

(c) The headings hereof are descriptive only and are not to be construed in interpreting the provisions hereof.

IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS AND CONDITIONS, PLEASE CONTACT: INFO@FIVEMINUTESOCIALMEDIA.COM.

Last revised January 26, 2020