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Terms and Conditions
Please go through the in-between lines of this document with care and attention prior you join our affiliate programs to market the exclusive product lines of ours. Documented in lucid language and style, these clauses had been laid down avoiding the complex legal style intentionally so that our affiliates can comprehend, understand and follow the guidelines that stand as the standard operational practices. It shall be the responsibility on the part of the affiliate members to ensure that their employees, agents, contractors or representatives whomsoever complies with these terms and conditions.
MensUsa holds reputation as a publisher of inspiring gift books and product lines.
- “we”, “us”, or ”our” shall refer to Mensusa® ,inclusive of our website and all those brand partners of ours whom we either represent in present time or in forthcoming days.
- Terms like “you” or “your” shall have reference to the affiliate members.
- “Our website” implies to the web domain of MensUsa that lays at www.mensusa.com and it shall also include all those apps and digital products that Mensusa might produce.
- “Your website” shall mean the websites that the affiliate links to our website.
- “Program” applies to the Mensusa affiliate program.
PARTNERING WITH MENSUSA AS ITS AFFILIATE MEMBER- HOW TO GET STARTED?
- You are expected to go through the MensUsa Affiliate Program very attentively so that you understand the scope of the products and services that we have on offer.
- You need to review the terms & conditions as set for the MensUsa Affiliate program.
- You need to sign-up for any of our affiliate programs that are accessible either through eBay Enterprise or Share A Sale links to these programs are alternatively available on our affiliates page.
One of the prime determinants for getting your application approved at our end shall be our conclusion on your probable efforts to promote MensUsa. The minimum qualifying criterion requires you to possess a website that is functional or you have any mobile app. Applications received from individuals without the possession of these two electronic platforms shall be rejected.
Upon the approval on your application, you get the access to use our affiliate links that is compulsorily to be put on your website that we approve for you.
THE ENROLLMENT PROCESS
Once we are in receipt of your application for enrollment, we shall review your website and subsequently you get a notification as whether your application gets approved or rejected at our end. The review process might take us a time span of three working days. We shall retain the right to reject any applications made although we shall welcome you for a subsequent discussion, should you feel to comply with the reasons for rejection. To enable us to make a better decision, we shall advise you to include of those web domains that you might be using in your profile.
RESTRICTIONS FOR THE WEBSITE
The website through which you shall participate in our program ideally should not
- Encroach either our or other’s intellectual properties, publicity, privacy or rights whatsoever.
- Make a violation of laws, rules or regulations whatsoever.
- Include such contents or information that happens to threaten or harass people or institution or should it harms the minors, apart from the display of information that might relates to defamatory or obscene topics like nudity, sexually explicit or any such materials that might be strictly meant for adults.
- Contain computer programming routines like viruses, Trojan horses, worms, time bombs, cancelbots that are meant to damage or interfere the surreptitiously intercept or expropriate systems, data or personal information, whatsoever.
- Carry any such software or uses any technologies that intends to intercept, divert or redirect the internet users to and from other websites. We also discourage the application of such technology that might divert the affiliate commissions from other websites.
GETTING LINKED TO OUR WEBSITE
- Once you are granted the affiliate membership, we shall make available the links to you through our affiliate interface. The granting of membership shall be subjected to your agreement to abide to the following points
- You shall only make the uses of the linking code that you get at the affiliate interface, without getting into efforts of any manipulation. You should use only those domains that you record in your affiliate profile.
- Your website shall neither bear any resemblance to our website nor should it attempt to copy or duplicate the same. You shall never make measures like creating an impression to mislead people in terms of either promoting your website as to be our website. This shall also extend on the parts of our website including, without limitation, framing of our website in any manner.
- You shall never get into stuffing cookie or committing acts to include pop-ups, falsified or misleading links on your website. Further, you shall never attempt to mask the information on the referral URL (i.e. the page from which the click might originate)
- You shall not employ redirects with the intention to bounce a click of a domain from which the click do not originates actually but may it appears to be so.
- In instances that you are found to be redirecting links to either manipulate or hide their actual source of origination, you stand voided of all the commission that might have either been paid to you or accrued with us. Alternatively, we shall retain the right in such instances to set the commission payable to you as 0%. However, the usage of “out” redirects from the same domain where the affiliate link is placed shall be kept out of this provision.
GUIDELINES ON PAY PER CLICK (PPC)
In case you are enrolled to our program to participate in PPC advertisements, you should compulsorily adhere to the guidelines as stated below
- You may refrain from bidding on any of our trademarked terms as identified below, inclusive of the variations or misspellings whatsoever, to either seek or participating in any content-based campaigns on Google, MSN, Yahoo, or any other network.
- You refrain yourself from the usage of the terms trademarked with us in sequence with any other keywords (i.e. MensUsa Coupons, MensUsa Offers, etc.).Your ad titles, ad copies and display name should not have the uses of our trademarked terms, neither shall you be expected to use these terms as the display URL.
- You are permitted to search for bidding on product titles and other terms, provided that the search traffic gets directed to our website or to the pages on your website that advertises our products and services ONLY.
- You may not get into directing links to our website from any PPC ad; neither shall you use redirects that might yield the same result. Affiliates compulsorily need to be directed to an actual page on your website.
- You refrain from bidding in manners whatsoever that might appear higher than MensUsa for any search term in position 1–5 in any auction style PPC advertising program.
In case, you are found to be automating your PPC campaigns, you shall shoulder all the responsibilities not to include our trademarked terms from your program. We shall strongly suggest you to add those trademarked terms of ours to the list of negative keywords for your PPC campaigns. We observe a policy of Zero-tolerance on PPC trademark bidding. In instances that you still persist upon PPC trademark bidding that uses our trademarked terms or violates our PPC bidding guidelines, you make yourself liable to be voided of all the commissions that you might have earned for a minimum period of past 30 days or we set the commissions payable to you at the rate of 0%. Alternatively, you can also be removed from our affiliate program as consequences of such efforts being made at your end.
Trademarked Terms: MensUsa, mensusa.com
GUIDELINES TO THE USAGE OF THE COUPONS
Getting enrolled in our program so as to promote us through your website, you have to abide to the following clauses for the usage of the coupon codes.
ONLY advertise the coupon codes that you avail from us through the affiliate program or network or those that might be displayed on our website(s). We take it to be a pleasure to work with such affiliate partners who defines promotions that might work for the customers.
In case you post any such information that might relate to the workings around the requirements of a coupon or any promotion (i.e. First time customers only), the ONLY consequence that results to is your removal from the program.
The coupons have to be displayed in their entirety that comprises of the full order, a valid date by which the offer expires and code.
You may refrain from the uses of such technologies that covers up the coupon codes and generates the affiliate click by revealing the codes(s).
You need to refrain from advertising the coupon codes that you might receive from any of our non-affiliate advertising, customer e-mails, searches that are paid, on-sire coupons or promotional campaign, whatsoever.
You should NOT create an impression that clicking from your website is a compulsion to redeem the coupons. For Example, if the items displayed at the sites, uniformly have an offer of free shipping for shopping made above $100, you shall be expected not to forge the information as the customer compulsorily needs to click through your website, should they intend to avail the offer.
NOMENCLATURE OF THE DOMAINS
The usage of the terms that are trademarked with us as the part and parcel of either the domain or sub-domain for your website (i.e. mensusa.website.com or www.mensusa-coupons.com or mensusa.in are strictly prohibited and the commitment of any such acts serves to be a ground for removal from the program.
REPRESENTATION OF THE MENSUSA BRAND
Mensusa do not allow any of its affiliate to represent themselves as to be Mensusa by any means whatsoever or from the usage of any such web programming code or techniques to frame Mensusa’s site within an end user’s browser. In case an Affiliate desires to frame Mensusa’s sites, actions needs to be initiated only upon getting written permission from Mensusa, approving the intention and the course of actions
GUIDELINES ON ADVERTISING & PUBLICITY POLICIES
You shall always refrain from creating, publishing, distributing or printing any documents that might have a reference and relevance to our program without getting a prior consent in writing from us. For getting the consent, you need to first submitting that material to us. Should you intend to promote the programs via Medias like email campaigns, you must adhere to the following.
- You comply to abide by the Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our program.
- You must not project that those emails had been sent from Mensusa.com and it has to be very clear that the email had been sent on your behalf.
- You must send a copy of such emails to us.
Design elements or web contents whatsoever created by the affiliate members for the brand or the product lines of Mensusa has to get our approval prior to the usage of such materials by the affiliate to promote us.
- EMAIL MARKETING
In case any affiliates decides to promote Mensusa through email campaigns, the promotional attempts has to comply with the CAN-SPAM Act of 2003 legislation and the applicable regulations that governs the email marketing. The CAN-SPAM Act, that came into effect as on January 1, 2004, applies to all those categories of email communication with its primary purpose of either advertising or promoting a commercial product or service, including content on a web site.
- SOCIAL MEDIA
Promotions on social media platforms are permissible provided that those promotional measures comply with the following guidelines
- The affiliate members are ALLOWED to promote offers to their own lists. To be more specific, we welcome the affiliate members to use the affiliate links on their pages at the various social media platforms. For example, the affiliate can make postings like “Avail 25% off at MensUsa this Wednesday with coupon code COUPON100”.
- The affiliate has to refrain from posting his affiliate links on the pages at the various social Media sites that Mensusa might presently have or comes up in future
- PAY PER CLICK (PPC) SEARCH ENGINE MARKETING
Affiliates on the network using PPC to drive merchant traffic may not bid on merchant company name or merchant domain name (exactly as configured in the Network). An Affiliate shall never represent themselves as if the merchant in PPC, without having the consent from the original merchant to do so. Commissions earned by such violations are subject to withholding.
Mensusa shall not accept the following categories of websites
- sites that includes deceptive promotions or content
- sites with limited or no value added content,
- Sites that promote hatred, bigotry, violence or adult-oriented material, gambling or online gaming services, get rich quick schemes, and any other sites otherwise centered on illegal or unethical activity.
OPERATIONAL GUIDELINES FOR THOSE OPERATING OUTSIDE UNITED STATES
In case the affiliate is operating outside the UNITED STATES or should it accept orders from customers based outside the US, in both the instances the affiliate has to comply with the legal codes of the concerned country. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive if you are conducting business in or taking orders from one or more of the European Union countries.
POLICY ON REVERSAL & COMMUNICATION
MensUsa holds pride for it’s almost- negligible reversal rate, which we attribute to open communication with our affiliates. However, we shall reserve the right to reverse orders in instances like order cancellations, duplicate tracking, returns, disputed charges, or violations of the clauses as outlined in these terms and conditions.
Additionally, in case that we ask you to furnish clarifications or further detailed information on any orders or clicks that might make us suspicious on violation of the agreed terms and conditions; you shall be expected to respond in a timely and honest manner. Following are the points that shall be considered as the violation of our communication policy
- In cases you are found to be forthcoming, you will be considered as to be intentionally vague or lying with vested intentions.
- In case that we fail to get your response of any such suits for clarifications after a reasonable span of time or after multiple attempts made from our end to reach out to you using the information you register in your network profile.
- You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.
In instances of the occurrence of any of the points as stated above, we shall retain the absolute right to undertake actions like your suspension from the program, reverse orders, modify the payouts, and set the rate of commission payable to you as 0% and even your immediate termination. We understand that many violations gets committed due to the automated process, ; however, it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to pro-actively address these issues and adhere to our program rules.
REQUIREMENTS FOR FTC DISCLOSURE
You are expected to include a disclosure statement within any and all pages/posts where affiliate links for our affiliate program are posted either as an endorsement or review, and in situations that involves ambiguity on the link whether it is paid advertisement or not. The language of this disclosure statement compulsorily needs to be written in lucid and plain language that should state that we are compensating you for your review or endorsement. In case you are in receipt of any free product from us or should you avail it through the affiliate management team for review, this also must be clearly stated in your disclosure. Affiliates have to compulsorily comply with the Guides Concerning the Use of Endorsements and Testimonials in Advertising as stated by the Federal Trade Commission. The guide comprises of the general principles that the FTC employs to evaluate endorsements and testimonials, along with examples to illustrate the application of those principles. The guide does not purport to cover every possible use of endorsements in advertising. Whether a particular endorsement or testimonial is deceptive will depend on the specific factual circumstances of the advertisement at issue.
AFFILIATE TRANSPARENCY & DISCLOSURE
Usage of Software that might either mask or hide the referring information or URLs in manners whatsoever, stands strictly prohibited. Upon the request of Mensusa, the affiliate has to compulsorily disclose and furnish accurate and authentic Information on business models and the various online or offline promotional techniques that the affiliate might employ to drag the traffic and sales on behalf of MensUsa. Affiliates failing to comply with the desired transparency shall meet with instances like getting his account suspended till the time he makes the necessary disclosures.
CYBER, DOMAIN OR TYPO-SQUATTING
Affiliate should refrain from the usage of domain names that might hold bad faith intent to profit from the goodwill of a trademark or copyright belonging to another company or individual. Any such activities of relevance including, but limited to, Typo squatting, URL Hijacking, Cybersquatting or Brand jacking are strictly prohibited. The Network retains every right for the removal of an Affiliate observed to be violating the Anti-cybersquatting Consumer Protection Act, and voided of the accrued commissions.
BLACK HAT SEO
Black Hat SEO or Spamdexing techniques whatsoever if adapted, including but not limited to, Cloaking and Content Scraping, stands strictly prohibited and enforced. Affiliates caught of indulging into these prohibited activities like the usage of Black Hat methods shall be liable to an immediate removal from the affiliate program on the first instance itself, and subsequently the payable commission to such affiliates shall be withhold.
FRAUDULENCY OR ATTEMPTS TO IT
Acts of attempting any fraudulency is perfectly a criminal offense. Upon consequences of committing any such attempts the affiliate subjects them for an immediate termination from the Network and voided commissions. Fraudulent activity may include, but is not limited to the following perspectives
- Attempts of any fraudulency regarding credit card transactions
- Usage of adware/malware, cybersquatting, forced clicks and certain black hat techniques.
Mensusa shall retain the right for turning over those affiliate found to be indulging into any such acts to the appropriate law enforcement authorities.
It shall be the sole discretion of Mensusa to determine whether if the website of an affiliate meets the acceptable use guidelines of this Affiliate Agreement. Canvassing in any form whatsoever shall not be entertained.
PROHIBITION AGAINST SOLICITATION FOR RESIDENT AFFILIATES IN SELECT STATES
As one of the condition that governs the participation in the Mensusa Affiliate Program, affiliate members agrees that its solicitation activities on behalf of MensUsa within Connecticut, Illinois, Tennessee, and New York (hereinafter “these states”) shall be limited to only providing a link on affiliate’s website to MensUsa’ own website. It stands as an acknowledgement from the affiliate members that under the codes of law prevailing in these states, further solicitation and promotional activities may render MensUsa liable for collecting sales tax on all sales to customers in these states.
Thus, as the terms of participating in the MensUsa Affiliate Program, affiliates shall refrain from getting engaged in any solicitation activities in these states intended to refer potential customers to MensUsa, including, but not limited to
(i) Distribution of flyers, coupons, newsletters, and other printed materials, or electronic equivalents of such materials distributed with promotional intentions and objectives.
(ii) Getting into verbal solicitation whatsoever that might include personalized referrals or initiating telephonic communication.
(iii) Sending emails with intention of referring customers to MensUsa
The affiliate members must furnish a proof of compliance on yearly basis that is to be submitted with us latest by the 31st day of the month of May for the year that ends on the 31st of March the same year. Failing to submit this compliance report, the affiliate may even be removed from the program. Further, the affiliate acknowledges complying with the state tax norms and slabs along with its revision from time to time. In cases that modification of the codes of law checks the participation of the affiliate in the program; we shall retain the right to remove the affiliate immediately upon such circumstances. We shall also retain the right to remove the affiliate of the program at any given point of time for reasons whatsoever.
The preceding paragraphs shall be exclusively applicable for affiliates who happen to be organizations, clubs, and nonprofit groups. It shall be the duty of the affiliate to prominently maintain on its website alerts for its members to refrain from solicitation activities in these states as described above.
INACTIVE AFFILIATE ACCOUNTS
Affiliate accounts that are non functional on and above a span of one year shall be automatically deactivated from the Program. We consider accounts to be inactive in cases that it has no records of clicks or impressions during the previous 12-month period. However, this deactivation of the inactive account does not mean the deletion of the account records and the same can be reactivated upon the receipt of request from the affiliates, subjected to the qualification through the conditions for such reactivation.
Affiliate has to compulsorily comply with all these clauses as defined in this Affiliate agreement as mutually agreed upon. Affiliate needs to refrain from actions like inflating the traffic artificially or click counts to Mensusa sites with the usage of technologies or devices whatsoever as may be meant for such intentions. Affiliates are not permitted to publish or promote any such contents or sites that happen to be libelous, obscene, pornographic, abusive, and fraudulent or should it attempt to violate the codes of any law.