PhotoPog Affiliate Program Terms of Service

By signing up to be an affiliate in the PhotoPog Affiliate Program you are agreeing to be bound by the following terms and conditions (or terms of service).

PhotoPog reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the program after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time by visiting: https://www.photopog.com/photopog-affiliate-terms-service/.

Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

Account Terms

  1. You must be at least 18 years of age to be a part of the program or to join on behalf of an organization that you represent.
  2. You must be a live in the United States to be an Affiliate.
  3. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  4. You must provide your full name, a valid email address, and any other information requested in order to complete the signup process.
  5. You are responsible for maintaining the security of your account and password. PhotoPog cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all content posted and activity that occurs under your account.
  7. One person or legal entity may not maintain more than one account.
  8. You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Using PhotoPog links and graphics

Once you have signed up for the Affiliate Program and been approved by an administrator you will be assigned an Affiliate ID. You are permitted to place links, banners, or other graphics we provide with your Affiliate ID on your site, in your email, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to PhotoPog.com. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Product Sites. You must ensure that each of the links between your site and PhotoPog.com utilizes such special link formats. Links to PhotoPog.com placed on your site pursuant to this agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to purchases on PhotoPog.com occurring directly through Special Links or through a coupon code that has been assigned to you; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type in a coupon code, or your Affiliate ID, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Referral Fees/ Commissions and Payment

For a customer purchase to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to PhotoPog.com and complete the purchase during that session, or they must enter a coupon code affiliated with your Affiliate ID at checkout. The session ends once someone closes their web browser, navigates away from PhotoPog.com, or otherwise leaves PhotoPog.com without completing their purchase. If they leave the site, come back later on their own, and then purchase a product, no commission will be earned.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they signed up or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems. We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Commissions deemed due and owed to you under the program will be paid to you directly by PhotoPog after any holding period and in accordance with a regular payout cycle established by PhotoPog. Payments are processed at the beginning of every month for the previous months commissions. For example commissions earned in September would be processed at the beginning of October. PhotoPog reserves the right to change our regular payout cycle at any time with proper notice. All coupon discounts are ineligible for affiliate commission.

Payments by PayPal

Commissions are paid by PayPal and only by PayPal. We can not send checks, credit credit cards, or send cash. You are required to have a PayPal account to receive commissions. You must use your PayPal email as your payment email when signing up for your affiliate account. If you don’t ave a PayPal account you can sign up for one at any time, but you will not be paid until you have one.

Identifying yourself as PhotoPog

You may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of PhotoPog, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Your Responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

  • The technical operation of your site and all related equipment
  • Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
  • The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all PhotoPog related materials and any information you include within or associate with Special Links)
  • Ensuring that materials posted to your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
  • Ensuring that materials posted on your site are not libelous or otherwise illegal
  • Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to PhotoPog.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. PhotoPog reserves the right to end the Program at any time. Upon program termination, PhotoPog will pay any outstanding earnings within 90 days.

Termination

PhotoPog, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other PhotoPog service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. PhotoPog reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of PhotoPog.com will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Binding Arbitration

By participating in this affiliate program, you agree to binding arbitration for any disputes or claims that arise agains PhotoPog or its subsidiaries in conjunction with this program. An arbitration firm selected by PhotoPog will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.

Miscellaneous

This Agreement will be governed by the laws of the United States and the state of Oklahoma USA, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of PhotoPog to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and PhotoPog and governs your use of the Service, superseding any prior agreements between you and PhotoPog (including, but not limited to, any prior versions of the Terms of Service).