I’m Not At Work Inc. Affiliate Program Terms and Conditions

INTRODUCTION

This Affiliate Agreement contains the complete terms and conditions that apply to an individual or entity’s participation in the ImNotAtWork.com Affiliate Program.

The I’m Not At Work Inc. (“INAW”) Affiliate Marketing Program is being offered to increase I’m Not At Work card sales and also to thank our Customers and Partners who help spread the word about INAW. In order for this to be a successful program that adds value to both our Company and our Affiliates, we have created these guidelines. Please ensure that You read, understand, and follow these policies at all times.

This INAW Affiliate Program Agreement ("Agreement") is made by and agreed to between I’m Not at Work Inc. (“We,” “Us”), and You (“You), as soon as You sign up for the Program, enter all required information, and accept these terms and conditions by signing this document, signifying that You have read and agree to be bound by the terms of this Agreement. You agree to be legally responsible for each and every term and condition. Any person or entity accepted into this program will be referred to as an “Affiliate” or “Promoter” of INAW.

AFFILIATE BENEFITS

COMMISSION PAYMENTS
We will pay You for referring Customers to ImNotAtWork.com who then sign up and pay for membership. We will credit Your account with a pre-determined percentage of every sale purchased using Your unique coupon code. Please note that this percentage is based on sales price less coupon discount and does not include tax or shipping.

MEMBERSHIP DISCOUNTS
We will create a unique discount code for You to share with potential Customers that will give them a $5 discount for every membership that they purchase. This will make it easier to spread the word about INAW, since the Customer now has a benefit from being referred by You.

TRACKING AND REPORTING
Affiliates will receive a report by the 10th of each month outlining the previous month’s sales made using Your unique coupon code.

COMMISSION PAYMENTS

PAYMENTS TO AFFILIATES
INAW will send commission payments via check in US dollars for commissions earned on a monthly basis. You must provide an address and other required information to receive the checks.

PAYOUT THRESHOLD
Payments will be made each month, as long as the minimum Payout threshold of $100 credit has been reached. If the threshold has not been reached, the total Payout credits will rollover to the next month. This will continue until the minimum threshold is reached or the Affiliate Account is terminated. If the Account is terminated with a Payout balance of less than $100 credit, this balance will be forfeited and WILL NOT be paid to the Affiliate.

AFFILIATE REQUIREMENTS

MAINTAIN OUR CONTENT ON YOUR SITE
The INAW program and prices can change at any time. We may increase membership prices, offer new services, initiate membership discounts, etc. and You must update all of Your content immediately to ensure accurate information. It will be necessary for Affiliate to update the content of Affiliate site to maintain consistency and accuracy between the INAW and Affiliate site. INAW will email program and price changes to be updated on Affiliate site where applicable.

DO NOT COPY THE LOOK OF OUR SITE
Affiliate will not copy or resemble the look and feel of INAW website. Affiliate will not create the impression from the appearance of Affiliate site, or from any content in Affiliate site, that Affiliate site is a part of INAW website.

DO NOT USE OUR DOMAIN NAME
Affiliate agrees that Your domain name does not and will not at any time contain variations of the term “ImNotatWorktm”, and that affiliate will not purchase any domain name or otherwise contract with a third party to exploit those names, for the purpose of causing Affiliate site to appear as a search result or for any other reason.

DO NOT SUBMIT YOUR CODE TO COUPON CODE WEBSITES
Affiliate agrees not to submit their coupon code to any public coupon code listing website. If Your unique coupon code has been posted to a public site, INAW reserves the right to deactivate your code and issue you a new one, as well as not count sales made using the publicly listed code for any given time period when the code may have been publicly listed, at INAW’s sole discretion.

OTHER AFFILIATE OBLIGATIONS
  • Account information must be accurate and up-to-date: We communicate with Affiliates through email and You must open and read all Affiliate email communication. You must provide accurate information such as, but not limited to, Your name, business name (if applicable), email address, physical address, and phone number.
  • Appropriate promotional methods: You represent and warrant that all promotional means used by You will not contain objectionable content (including but not limited to content that is misleading, libelous, defamatory, obscene, violent, bigoted, hate-oriented, illegal, and/or promoting illegal goods, services or activities), and that You will not mislead others. You agree to use ethical and legal business practices
  • Email Communication: You represent and warrant that You will not engage in and/or facilitate spamming, indiscriminate advertising or unsolicited commercial email or otherwise fail to comply with the CAN SPAM Act of 2003 (Public Law 108-187 or any successor legislation), and/or any other laws and/or regulations that govern email marketing and/or communications.
  • Privacy: You agree to maintain a privacy policy on Your website(s) and for any non-website based promotional method made available to Customers. You must conspicuously post Your privacy policy on Your website and otherwise make it available to all visitors and anyone You refer to INAW. Your privacy policy must comply with all laws and regulations regarding the privacy of information, be commercially reasonable, and fully and accurately disclose Your collection and use of information. You must fully and accurately disclose Your use of third party technology, including tracking technology and use of cookies.
  • Sharing of Our Affiliates Information: You grant Us the right to use Your name and/or business name and refer to You publicly as our Affiliate.
  • Charge-backs: Should INAW determine that any part of this Agreement has been breached and/or any sales made using your unique coupon code were not due to your direct marketing activities after a payment has been made to You, INAW can require you to pay back any payments earned.

OTHER LEGAL PROVISIONS

Account Term: This Agreement shall commence upon Your indication that You have accepted this Agreement by providing the required information and have signed this document. This Agreement shall continue until terminated in accordance with the terms of this Agreement and will be valid at all times until You deactivate Your Affiliate Account or We terminate Your Account.

Account Termination/Deactivation: This Agreement may be terminated immediately for Your breach of this Agreement. Your Account may be deactivated during investigation of breach of this Agreement. We may terminate Your account for any or no reason. Some reasons for termination could be:

  • Your account information is outdated
  • You do not open emails that we send to You
  • Your Account has not been logged into and/or there have been no transactions credited to Your Account for any 30 day period
  • You maintain a zero balance of Payout Credits in Your Account
  • We determine that You are diluting, tarnishing or blurring our proprietary rights
  • You begin proceedings to challenge our proprietary rights
  • You do not maintain updated information about INAW Program and/or prices

Upon termination of this Agreement, or in case of deactivation of Your Account, You shall no longer accrue Payouts in Your Account, including but not limited to subsequent sales that occurred prior to termination. Termination may result in Chargeback of one or more Payouts, for which You will be fully liable.

Termination of Programs and Offers: INAW may modify this Affiliate Program, or discontinue providing the Affiliate Program, or any portion thereof, at any time. If Program is modified or terminated, all account credits under the Payout Threshold will be forfeited.

Post-termination: Upon termination of this Agreement, any outstanding payments shall be paid by INAW to You within 90 days of the termination date, and any outstanding debit balance shall be paid by You to INAW within 30 days of termination of this Agreement. All payments are subject to recovery for Charge-backs. Upon termination of this Agreement, any permissions granted under this Agreement will terminate, and You must immediately remove all Links to INAW if We request You to do so. Provisions of this Agreement that by their nature and context are intended to survive the termination of this Agreement shall survive the termination of this Agreement to the extent that and as long as is necessary to preserve a party's rights under this Agreement that accrued prior to termination.

Your Use of Our Proprietary Rights: You agree that Your use of any INAW website (such as www.ImNotAtWork.com) and Your use of any INAW copyrighted material, trademarks, service marks, tradenames, and/or URLs is solely for promotion of INAW membership sales. You explicitly agree not to adopt or use in any manner any INAW copyrighted material, trademarks, service marks, tradenames, and/or URLs that are the same or confusingly similar to, or are combined with, those of INAW.

No Challenge to Our Proprietary Rights: You acknowledge that You obtain no proprietary rights in INAW's trademarks, service marks, tradenames, URLs, copyrighted material, patents, and patent applications, and agree not to challenge INAW's proprietary rights. You acknowledge that You obtain no proprietary rights and agree not to challenge Our proprietary rights.

Data Ownership: You understand that all personally identifiable information, if any, provided by Customers through the Affiliate Program or in response to an advertisement or request for information and/or any or all reports, results, and/or information created, compiled, analyzed and/or derived by INAW from such data is the sole and exclusive property of INAW and is considered INAW’s Confidential Information pursuant to this Agreement. INAW and Our Advertisers, in Our sole discretion, shall have the right to use, market and re-market any Customers and/or data without further obligation to You. You shall not make any use of, copy, make derivative works from, sell, transfer, lease, assign, redistribute, disclose, disseminate, or otherwise make available in any manner, such data or Customers, or any portion thereof, to any third-party.

Representations, Warranties, Disclaimers and Limitations:

  • Business Operations: We will make reasonable commercial efforts to keep our website operational, however, You agree that it is normal to have a certain amount of system downtime and agree not hold INAW liable for any of the consequences of such interruptions, even if it means lost revenue potential for You.
  • Authority: Each party represents and warrants to the other party as to itself that the person executing this Agreement is authorized to do so on such party's behalf.
  • Compliance with Laws: You are responsible for compliance with the requirements of all relevant legislation (including subordinate legislation and the rules of statutorily recognized regulatory authorities) in force or applicable in the United States or in any other applicable territory, and warrant that no promotion method used by You or the content of Your website(s) will render INAW liable to any proceedings whatsoever.
  • Limitation of Liabilities: Any obligation or liability of INAW under this agreement shall be limited to unpaid Payouts due to You by INAW after reaching a minimum Payout threshold. No action, suit or proceeding shall be brought against INAW, it’s officers, directors, employees, corporate affiliates, subsidiaries, agents, and subcontractors. You agree that INAW shall not be liable to You or any third party for any consequential, exemplary, special, incidental, or punitive damages, including, but not limited to, loss of goodwill, lost profits, business interruption, loss of programs or other data, even if advised of the possibility of such damages or claim. You are completely and solely liable for all of Your actions related to promoting INAW online and offline.
  • Disclaimer of Warranties: To the fullest extent permissible pursuant to applicable law, INAW disclaims all warranties implied, including, but not limited to, (a) merchantability, fitness for a particular purpose or non-infringement of third party rights, (b) that there are no viruses or other harmful components, (c) that INAW's security methods will be sufficient, (d) regarding correctness, accuracy, or reliability, or (e) against interference with enjoyment of Your information or website. All information, services and computer programs provided to You in the course of this agreement are provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with You. INAW is, under no circumstances, responsible for the practices, acts or omissions of any Affiliate, or such Affiliates website(s), and/or the content of an Affiliate’s website or that an Affiliate makes available through the Affiliate Program, including offline actions and content.
  • Relationships of Parties/Third Party Rights: The relationships of the parties to this Agreement shall be solely that of independent contractors, and nothing contained in this Agreement shall be construed otherwise. Nothing in this Agreement or in the business or dealings between the parties shall be construed to make them joint venturers or partners with each other. Neither party shall do anything to suggest to third parties that the relationship between the parties is anything other than that of independent contractor.
  • Force Majeure: Neither party shall be liable by reason of any failure or delay in the performance of its obligations hereunder for any cause beyond the reasonable control of such party, including but not limited to electrical outages, failure of Internet service providers, default due to Internet disruption (including without limitation denial of service attacks), riots, insurrection, acts of terrorism, war (or similar), fires, flood, earthquakes, explosions, and other acts of God.
  • Severability/Waiver: If any provision of this Agreement is held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining provisions of this Agreement shall remain in full force and effect. The parties shall in good faith attempt to modify any invalidated provision to carry out the stated intentions in this Agreement. The waiver of any breach of any provision under this Agreement by any party shall not be deemed to be a waiver of any preceding or subsequent breach, nor shall any waiver constitute a continuing waiver.
  • Assignment and Acknowledgement: Neither party may assign this Agreement without the prior express written permission of the other party. Notwithstanding the foregoing, Your consent shall not be required for assignment or transfer made by INAW (1) due to operation of law, or (2) to an entity that acquires substantially all of INAW's stock, assets or business, or (3) to a related entity (e.g. parent or subsidiary of parent).
  • Tax Status and Obligations: INAW is not obligated to and shall not provide You with tax and/or legal advice. INAW undertakes no duty to investigate or research Your tax status and/or obligations, and such research and investigation is solely Your responsibility. You are obligated to independently assess and comply with all relevant tax and legal requirements, and Affiliate is responsible for its own sales tax collection and reporting obligations arising from this Program.
  • Entire Agreement, Assignment and Amendment: This Agreement, including the Introduction, contains the entire understanding and agreement of the parties and there have been no promises, representations, agreements, warranties or undertakings by either of the parties, either oral or written, except as stated in this Agreement.

If You are an individual, You represent and warrant that You were at least 18 years of age when You first signed up as an Affiliate.

Your participation in the Affiliate Program is irrefutable acknowledgement by You that You have read, understood and agreed to each and every term and provision of this Agreement. INAW shall have the right to change this Agreement, in whole or in part, and at any time. If not available online, a revised Agreement will be sent to you via email. Your continued participation in the Affiliate Program shall be deemed Your acceptance of the revised Agreement. It is Your sole responsibility to read and review this Agreement on a regular basis to ensure compliance.

Affiliate’s Indemnification Obligations: Affiliate shall defend, indemnify and hold INAW, it’s officers, directors, employees, corporate affiliates, subsidiaries, agents, and subcontractors harmless against all claims, suits, demands, damages, liabilities, losses, penalties, interest, settlements and judgments, costs and expenses (including attorneys' fees) incurred, claimed or sustained by third parties, including but not limited to Affiliates, directly or indirectly as a result of participation in the Affiliate Program.

INAW Contact Information:

I’m Not at Work Inc.
PO Box 81
New York, NY 10108-0081