Simply Me Box Affiliate
Benefits
15.00% Commission
Commission available in 14 days
Auto approved commission
30 days cookie policy
Privacy policy
Welcome to the Simplymebox.com website (the
"Site"). The Site is operated by, Simplymebox LLC. (the
"Company", "we", "us", "our"), which
provides subscription services, delivering boxes directly to consumers and
corporate employees via mail as well as delivery drivers. Your privacy and
security is important to us. We know that providing personal information is an
act of trust and we take that trust seriously. Our Privacy Policy describes the
ways we capture your information and governs how we will deal with it. We refer
to the website, subscription service, all features, functionality, and content
of the Site as the "Services." By using the Site, registering with
Nature Delivered Inc. and/or using the Services, you are accepting and consenting
to the collection, use, disclosure, and other handling of your information as
described below.
1. Information We Collect or Receive
Information You Provide to Us
When you use visit the Site, we collect and retain
information that you, as a customer or potential customer, provide through the
Site, as well as information that is automatically or passively collected from
you, your device or your browser. This information is collectively referred to
as the "Information." Information you provide to us may include:
Contact and profile information, including name, email
address, postal address (including zip code), and telephone number;
Account information, including your user-name, password,
log-in details, transaction details, and successful referrals;
Credit card information, including the name on the card,
card type, card number, expiry date, and CV2 is collected and processed by our
third party payment processor; graze collects and retains limited credit card
information for its records but does not store or retain complete credit card
information;
Your preferences, including ratings you provide in relation
to products that are available on the Site and survey responses;
Communications to us, for example reporting a problem or
submitting queries, concerns or comments regarding the Site or its content;
Any other content or information you choose to provide,
including photos you may upload;
Details of your visits to the Site, the resources you access
and any data you download.
Information related or connected to a social media account
that you use to sign up or log in to the Services, or that you associate with
your account through our Services. For instance, when you associate your
Facebook account with our Services, we may receive your public profile (name,
profile picture, age range, gender, language, country and other public
information), your friend list and your email address. If you sign up, log in
with or associate other social media accounts with our Services, such as
Twitter or Tumblr, we may obtain similar information from those platforms.
Information That Is Automatically Collected
We, along with third parties, also may collect Information
about you, your computer or device, and your use of the Service via automated
means, including Web server logs, Web Beacons, clear gifs (For more information
about these technologies, see Section 4 titled (Cookies and Other Electronic
Technologies)
Information about your visits to the Site and use of the
Services, the resources you access, any data you download, and information
related to the ways in which you interact with the Site and the Services.
IP addresses including the general information in such
address, such as city, state and zip code), unique device identifiers, other
information about your mobile phone or other mobile device(s), browser types,
and browser language
Referral pages and links, URLs, number of clicks, pages
viewed, how long you're on a page, your search queries and results
Information about your device, computer and/or browser you
use as well as the device's operating system. This may include your device
hardware model, operating system version, or mobile network information.
Precise Location Information: We may solicit your permission
to collect precise location information from you or your device. If you agree
to allow access to your specific location, you agree that we and our service
providers may collect such precise information from your mobile device (e.g.,
GPS-based location information, longitude/latitude, etc.), and use that information
to deliver the content, services, features and products that are available
through the Services.
We may also combine Information that we collect from you
with Information we obtain about you from third parties and Affiliates and
Information derived from any other subscription, product, or service we
provide.
Information from Third Parties
We may obtain additional information about you from third
parties such as marketers, partners, researchers, and others.
Anonymous or De-Identified Data
We may anonymize and/or de-identify information collected by
the Services or via other means so that the information does not identify you.
Our use and disclosure of aggregated and/or de-identified information is not
subject to any restrictions under this Privacy Policy, and we may disclose it
to others without limitation for any purpose.
2. How We Use the Information We Collect or Receive
We use your information to better serve you, such as by
letting you know about new snacks or other products we've added to the graze
range that we think you'll like. Some other examples of how we may use your
information include to:
Process your orders and provide you with the Services
Customize our Services to you, for instance by establishing
your food trends to facilitate better recommendations
Provide, operate and maintain, our Services, including, for
instance (without limitation) to administer your account, provide you with
order and billing information, monitor use of and downloads from the Site
Improve the website and Services for Customers, analyze
website usage, investigate complaints or website operations and identify
visitors to the Site
Analyze our users' demographics and track sales data
Provide you with offers, marketing materials and other
promotional materials, both online and through other marketing channels, such
as third party social networks, like Facebook
Send you information or content you have requested or we
believe you will find useful, including to advertise our Services to you when
you visit our the Site or other websites across the Internet
Communicate with you and investigate any complaints
Perform market research, data analytics and data appends. To
accomplish some of these tasks, we may enhance or append other data collected
from or about you to the Information we possess
Communicate with you and investigate any complaints
Protect against fraud, unauthorized transactions, security
issues, claims and other liabilities, and manage risk exposure and quality
Verify whether you have had a previous account with us to
prevent fraudulent use of our offers.
Provide customer support and diagnostic assistance, for
instance, by analyzing the Information, our Services' integration with other
platforms, and the contact information and other materials you submit to us
To associate an email address that you have provided to us
with previous browsing and purchase experiences. We may be able to make this
connection whether you are logged on or not, and we will know whether you
receive email alerts and will be able to associate this with any other contact
information you may have given us.
3. Information Sharing and Disclosure
We may share the Information we collect in the following
ways:
With service providers, to perform or assist us in performing
any of the functions listed in Section 2 (How We Use the Information We Collect
or Receive), for instance (without limitation) to assist us with email
delivery, customer and technology support, hosting services, fraud prevention
and marketing, data enhancement, advertising and market research services
If you refer a new customer to us, we may share your first
name and first initial of your surname with the referred person.
We may share your Information when we believe in good faith
that such sharing is reasonably necessary in order to investigate, prevent, or
take action regarding possible illegal activities or to comply with legal
process. We may also share your information in situations involving potential
threats to the physical safety of any person, violations of this Privacy Policy
or the Terms of Service; or to respond to the claims of violation of the rights
of third parties and/or to protect the rights, property and safety of graze,
our employees, users, or the public. This may involve the sharing of your
information with law enforcement, government agencies, courts, and/or other
organizations.
As we continue to develop our business, we may sell, buy,
merge or partner with other companies or businesses, or sell some or all of our
assets. In such transactions, your Information may be among the transferred
assets or may be shared with the other company or business for purposes of
evaluating the transaction.
Unless you direct us not to, we may share your information
with reputable third parties so that they may contact you to offer products,
services and promotions that we believe you may find valuable. We may also
share your information with third-parties with whom we have a contractual
relationship. You can instruct us not to provide your information that
identifies you (such as your name, address and email address) to these third
parties by sending an email Hello@simplymebox.com
with "REMOVE THIRD PARTIES" in the subject line. If you receive a
communication from a third party and you do not wish to receive future
communications from that party, you should also tell them to remove you from
their marketing list.
Our affiliate program members receive aggregate information
about customers that they direct to us through links on their website
We may also provide aggregate analysis of our customers to
prospective partners, advertisers, and other third parties
We may share your feedback or comments. If you post anything
to this website or through the Services that can be viewed by the general
public, we may share that with third parties.
We may use third-party Web analytics Services on the Site,
such as those of Google Analytics. We may also share certain information about
you and the device you use to access the Services in order to deliver tailored
advertising. See Third Party Advertising and Your Choices for more information
including the choices you have. These service providers use the technology
described in the (Cookies and Other Electronic Technologies section to help us
analyze how users use the Site and to deliver advertising. The information
collected by the technology (including your IP address) will be disclosed to or
collected directly by these services providers, who use the information to evaluate
your use of the Site. Learn about opting out of Google Analytics.
We may share your Information in any other circumstances
where we have your consent.
Sometimes, we may combine certain parts or portions of the
Information with each other. For instance, when we provide you with customer
support or other assistance, we may combine your account information and other
personal information you've provided to us with Information about your usage of
the Services.
4. Cookies and Other Electronic Technologies
When you use the Services, we use persistent and session
cookies and other tracking technologies to: (a) analyze the usage of our sites
and Services; (b) customize the Services to your preferences; and (c) control
the advertising displayed by the Services. We may also use other Internet
technologies, such as Web beacons or pixel tags, and other similar
technologies, to deliver or communicate with cookies and track your use of the
Services (including to serve you ads when you are on other websites or the Internet
when we can access those cookies). We also may include Web beacons in e-mail
messages or newsletters to determine whether the message has been opened. As we
adopt additional technology, we may also gather additional information through
other methods.
Most browsers automatically accept cookies, but you can
modify your browser setting to decline cookies by visiting the Help menu of
your browser's toolbar. If you choose to decline cookies, please note that you
may not be able to sign in, customize, or use some of the interactive features
of the Services.
5. Third party advertising and your choices
We may permit third parties to advertise their products or
services through the Services (or through other websites and services) and we
may advertise our own products on other websites too. In order to deliver these
advertisements, we and these third parties (e.g. ad networks and ad servers)
may place cookies or other tracking technologies on your computer, mobile
phone, or other device to collect information about your use of the Services.
We neither have access to, nor does this Policy govern, the use of cookies or
other tracking technologies that may be placed on your computer, mobile phone,
or other device you use to access the Services by non-affiliated, third-party
ad technology, ad servers, ad networks or any other non-affiliated third
parties. However, those parties that use these technologies may offer you a way
to opt out of ad targeting as described below.
If you are interested in more information about tailored
browser advertising and how you control cookies from being put on your computer
to deliver tailored advertising, you may visit the Network Advertising
Initiative's website and/or the Digital Advertising Alliance's website. You
also can control advertising cookies from Google, by using its Ads Preference
Manager (but we make no representations regarding the effectiveness or accuracy
of any Google tools, or other opt-out mechanisms). Please note that to the
extent advertising technology is integrated into the Services, you may still
receive advertisements even if you opt-out of tailored advertising. In such
cases, the advertising will just not be tailored to your interests.
6. Your Choices: Controlling Your Information, from
Accessing to Removing
If you are a customer of ours, we may provide you access to
account and usage information, such as:
Your service and transaction history
Your delivery information (name, email, delivery addresses,
billing zip code), which you can change at any time
Your product ratings, which you can change at any time
Your payment information, which you can change at any time
Your dietary preferences, which you can change at any time
The ability to change your password
A list of your successful referrals
To completely close your account, please contact customer
service at hello@papyrusbox.com. Closing your account will mean that you are no
longer able to log in and place any orders, however we will retain the
information for our records.
7. Children Under Thirteen
Neither the Services nor any portion of the Services are
intended for persons under the age of 13. If you are not at least 13 years of
age, you should not use the Services. By using the Services, you represent that
you are at least 13 years old.
8. California Residents – Your California Privacy Rights
California law permits users who are California residents to
request and obtain from us once a year, free of charge, a list of the third
parties to whom we have disclosed their personal information (if any) for their
direct marketing purposes in the prior calendar year, as well as the type of
personal information disclosed to those parties. If you are a California
resident and would like to request this information, please submit your request
in an email to hello@simplymebox.com.
9. How We Respond to Do Not Track Signals
We are committed to providing you with meaningful choices
about the information collected on our Services for third-party purposes, and
that is why we provide above the Network Advertising Initiative's
"Consumer Opt-out" link, Digital Advertising Alliance's Consumer
Opt-Out Link, and the Google opt-out link. However, we do not recognize or
respond to browser-initiated Do Not Track signals, as the Internet industry is
currently still working on Do Not Track standards, implementations and
solutions
10. Security
Although we take certain precautions that we believe will
help protect against unauthorized access to our Services or related systems,
please understand that no security is 100 percent foolproof. We make no
promises regarding the security, integrity, availability or retention of the
information collected or handled by our Services or related systems
11. Users From Outside the United States
The Services (or significant portions of the Services) are
provided, supported and hosted in the United States. Use of the Services is
governed by United States law and the laws of the applicable states within the
United States. If you are using the Services from outside of the United States,
please be aware that any information we collect under this Privacy Policy may
be transferred to, stored and processed in the United States. The data
protection and other laws of the United States are not always as comprehensive
as those in other countries. By using the Services, you consent to your
information being transferred to our facilities.
12. Changes to Our Privacy Policy
We may update this Privacy Policy at any time for any
reason. If we do so, we will post the updated Privacy Policy on the Site and
indicate its effective date or the date it was posted. We encourage you to
review the changes carefully. Your continued use of the Service will mean you
consent to those changes.
13. Third Party Websites and Data Collection
The Site may contain links to third parties' websites, or
show content (including advertising) from third parties. Nature Delivered Inc.
assumes no responsibility for the privacy practices or the content of those
websites or third parties. Therefore, please read carefully any privacy policies
on those websites before either agreeing to their terms or using those
websites.
14. Contact Us
If you have any questions, comments, or concerns regarding
our Privacy Policy, please send a message to:
Hello@simplymeboxcom
At Simply Me Box, LLC., our affiliate program was
designed for you in mind, to earn additional income on every paid subscription
member sign up, under your promo code. You can earn hundred or ever thousands
of dollars a month from just doing what you love, having engaging conversation
with our member or as a side hustle by posting your promo link throughout your
social media channels. This is a great
way to earn immediate cash. When you are
an approved affiliate, we will send you weekly tips and training videos on how
to make big money with Simply Me Box. Everyone here at Simply Me Box would like
to welcome you on your road to financial freedom with our affiliate program.
How does it work?
Simply Me Box has an online shop and a
subscription service for luxury themed boxes. On each item shipped to a client
you get paid 15% on that sale.
How do I sign
up?
Signup is easy
just complete the application below and hit submit, you will be taken to our
leading affiliate partner Afilio where you will register your name and account
information on where you would like your money deposited every month. Not
everyone can become an Incoggnito Affiliate Partner upon your application
approval you will receive a call to confirm your account is approved. WE WILL
NOT ASK YOU FOR YOUR BANK ACCOUNT INFORMATION OR RELATED SECURITY QUESTION
ATTACHED TO YOUR BANK ACCOUNT. If you receive a call requesting such information,
please email us at hello@simplymebox.com and a representative will respond
within 24 hours.
AFFILATE AGREEMENT
Ecommerce Affiliate
Agreement
Please read the agreement document below before registering.
1) The Parties:
This Ecommerce Affiliate Agreement (the “Agreement”), made and entered by and
between Simply Me Box, LLC.. (referred to henceforth as “SMB, “us” or "we") with its
registered business address at P.O. Box 234, Haddonfield, NJ 08033 and you, the
affiliate (referred to henceforth as "you" or "Affiliate"),
contains the complete terms and conditions that apply to your participation in
the Noony Affiliate Program (the "Affiliate Program" or
"Program"). Your participation in the Affiliate Program is
non-exclusive as there are and will be other Affiliates.
2) Term and Termination:
2.1 The term of
this Agreement will begin upon our acceptance of your Affiliate Application
(“Effective Date”) and will end when terminated by either party as provided for
herein. By agreeing to the terms and conditions herein, this Agreement is the
entire agreement between the parties and supersedes all prior communications,
understandings and agreements relating to the Affiliate Program, whether oral
or written. Either you or we may terminate this Agreement at any time, with or
without cause, by giving the other party written notice of termination. You are
eligible to earn referral fees on referrals occurring only during the term of
this Agreement. Upon termination of this Agreement for any reason, you shall
immediately cease to represent that you are an Affiliate of Papyrus., and you
shall immediately cease all use of our name and/or any of our logos and/or
trademarks, and you shall remove from your site, all Links to our site, and all
www.simplymebox.com , trademarks and
those of any Papyrus company, trade
dress, and logos, and any materials provided by or on behalf of us to you
pursuant to this Agreement and/or in connection with the Program.
2.2 Simply Me
Box reserves the right to terminate any accounts we deem as
"inactive" accounts. An affiliate account would be considered
"inactive" if it fails to generate any sales for a period of at least
six (12) months. In the event of account termination due to inactivity,
Affiliate will forfeit any commission balance less than the minimum commission
payout amount of $25.00.
2.3 The right of
termination of this Agreement is absolute and neither you nor we shall incur
any liability by reason thereof. We and you mutually release the other from any
claim of any nature arising out of such termination, provided however, that
nothing in this Agreement shall be construed as a release of any referral fee
obligation which shall have accrued from us to you prior to the effective date
of such termination.
3) Enrollment in
the Program: You will submit a complete Affiliate Program application from our
site. We may reject your application (at our sole discretion) if we feel your
site is unsuitable or inconsistent with the mission of papyrusbox.com. If your
site is accepted, Papyrus may terminate this Agreement anytime thereafter if
your site is determined (at our sole discretion) to be unsuitable for the
Program, even if your site has not changed since the time that your Affiliate
Program application was accepted. You hereby acknowledge that we can rely on
all your representations in your application.
4) Promotion of
our Affiliate Program: Upon your acceptance as an Affiliate Site, we will make
available to you (via “MyAffiliate Program or Afilio Program”, a third party
affiliate marketing system, which may change from time to time at our sole
discretion) a variety of graphic and textual links (the "Links"),
which, subject to the terms and conditions hereof, you may display as often and
in as many areas of your approved site as you desire. The Links will serve to
channel potential buyers to our site.
5) Simply Me Box
To:
a. Pay Affiliate
a commission (see Referral Commissions for commission details) for each
qualified online order completed via your site. Qualified online orders must be
made within the return day "window" of 20 days and recognized by Simply
Me Box or Affilio Program. Your earned commissions shall be the only
consideration from us to you.
b. Work with Papyrus
or Afilio Program to pay Affiliate monthly when commissions due have reached a
minimum of $25.00. Accounts with a balance of less than $25.00 will roll over
to the next month. Papyrusbox.com sends out payments to affiliates within 30
days from the end of each calendar month for the previous month's commissions.
The closing day to settle sales is on the 15th day of the month, whereas a
qualified sale exceeds the date enclosed in our return policy which is 21 day
from the time of purchase. Please review our return policy for further details.
6) Affiliate
Agrees To:
a. Place Simply
Me Box banners and/or text links on your site.
b. Observe and
honor Incoggnito exclusive right of ownership as to the names of its property,
including but not limited to its trademarked name and any variations thereof
within all pay-for-placement and other search engines. Simply Me Box grants to you a limited right
to the use of its trademarked names solely for promotional purposes in
conjunction with the relationship as described in this Agreement.
c. Remove all
links regarding Simply Me Box promotions on the date such promotions end and
agree to forfeit any commissions earned after the end date of the promotions if
you continue to post such links after the removal date.
d. Have sole
responsibility for the development, operation, and maintenance of your site and
for all the materials that appear on your site.
e. Ensure that
all materials posted on your site are not illegal and do not infringe on the
rights of any person or entity of any kind. We disclaim all liability for all
materials on your site.
f. Indemnify,
defend, and hold us harmless from all claims, damages, and expenses relating to
the development, operation, and contents of your site.
g. Make sure
that your site does not copy or resemble the look and feel of the in website or
create the impression that your site is our site or a part of our site.
h. If any
immoral or unethical links are added to your site pointing to thereallux.com,
we reserve the right to pursue all legal courses of action against you to the
fullest extent possible under the law and you will be responsible for returning
all commissions earned to us as a result.
i. Obtain all
permits, licenses, and approvals necessary to perform this Agreement.
j. Perform this
Agreement in a manner that reflects favorably upon the thereallux.com and our
business reputation. Affiliate shall not present or cast our name, our products
or services, logo or trademarks in a disparaging or negative manner of any
kind.
k. Comply with
all applicable federal, state, and local laws, statutes, regulations,
ordinances and other legislative or administrative rules imposed or required by
any legal public authority having jurisdiction or authority, including and not
limited to the Federal FTC Act and the CAN-SPAM Act.
l. Not use any
part of any compensation paid to you under this Agreement to pay or accrue for
the benefit of, directly or indirectly, anyone who is an official, agent,
director, officer or employee of any governmental entity.
m. Make no
representation with respect to our products or services which in any way
conflicts or is inconsistent with the our products or services descriptions,
performance, specifications, features, and functionality as published or
provided by us or make or pass on to any individual or entity any warranty or representation
on our behalf.
n. Continuously
retained our copyright attributions, notices and markings on all demonstration
articles and marketing collateral and literature, and not in any way obliterate
or alter same.
7) Referral
Commissions:
7.1 Simply Me Box Affiliate program pays
commissions for each qualified Net Sale (As defined under Section 7.2 below). A
qualified sale consists of the first month of a monthly subscription, sale of
item that conforms to our return policy or transportation services or the first
annual subscription. If an introductory offer is in place, commissions will be
paid on both the introductory offer as well as the first of any resulting
purchases, transportation services or membership subscription. If no monthly
purchases results from the sale of items, transportation services or membership
subscriptions, commissions will not be paid out to you. In addition, if one of
your referrals purchases on papyrusbox.com and that transaction is charged back
from our bank or is contested for any reason by the purchaser, Incoggnito
reserves the right to deduct your referral fee on that transaction from future
earnings.
7.2 The
affiliate team will audit affiliate, referred orders to ensure they are valid.
The amount of commissions due to affiliates will increase with affiliate
performance and will be as follows for each valid online order submitted by a
visitor as a direct result of your affiliate referral:
Note: *Net Sale
or Net Sales are all valid purchases of items, transportation services, or
advertising on our site by a qualified corporation, and paid minus any
chargebacks, bank credit card processing fees, refunds and returns.
7.3 Simply
Me Box may offer additional periodic bonuses and performance incentives.
8) Payment
Procedures:
8.1 Simply Me Box will issue payment to
affiliates within 30 days at the end of each settled Net Sale, of the end of
each calendar month for all commissions earned on sales during the prior month.
Net Settled sales for our buyers and consigners take place on the 15th day of
each month, and affiliates referral fee will settle on the 30th day of that
month.
8.2 All
affiliates who have met the $25 minimum payout requirement will receive the
full amount of commissions due, less any amount Incoggnito determines, in its
sole discretion, not validly earned from a proper use of the links on an
affiliate's website.
8.3 Payments
will be issued via MyAffiliate or Affilio Program only, payable to you at the
address submitted by you in your online registration.
9) Tracking:
9.1 Afilio
Program will be solely responsible for tracking referrals using special
software that communicates with the approved URLs submitted with your
application.
9.2 Commissions
are tracked through the use of cookies. In some cases, it will not be possible
to track traffic from the Affiliate's site to thereallux.com, because the
visitor is using cookie-blocking software. papyrusbox.com is only responsible
for paying commissions on referrals that can be tracked back to the Affiliate
using the technology in use by papyrusbox.com.
9.3
Thereallux.com uses a "last affiliate wins" system, under which a
particular Internet user is assigned to the last affiliate site that a user
visited prior to entering the papyrusbox.com website and then completes a transaction
with papyrusbox.com. For instance, the user visits “Affiliate A”; then enters papyrusbox.com
but does not complete a transaction; then the user later visits “Affiliate B”;
finally enters simplymebox.com again and this time submits an order. In this case
the consumer is assigned to “Affiliate B”, and the commission is paid to
“Affiliate B”.
9.4 Simply Me
Box will endeavor to do its best to ensure accurate tracking of referrals made
by all affiliates. All affiliates will themselves be solely responsible for
ensuring that their URLs are formatted properly, a prerequisite for accurate
tracking of referrals. Notwithstanding the above statement of responsibility by
Simply Me Box to track referrals, you hereby acknowledge and accept that the
tracking system employed by Simply Me Box. is not 100% fail-safe and that there may on
occasion be instances of referrals made that are not credited to you for any of
the following reasons:
a. Your failure
to use the proper format of the specially assigned URL in promotions, web page
links, banner ads, etc.
b. Deliberate or
accidental actions by customers to circumvent your special URL so that our
software is unable to accurately track the referral.
c. Bugs,
glitches or crashes of the tracking software that render it unable to
accurately track referrals for a period of time.
d. Acts of
nature that cause irretrievable data loss on the computers and back-up media
that store the commission information.
9.5 As such, you
will not hold thereallux.com liable to compensate for any claimed commissions
that were not tracked and recorded by the tracking software.
10)
Confidentiality: Except as otherwise provided in this Agreement or with the
consent of the other party hereto, each of the parties hereto agrees that all
information, including, without limitation, the terms of this Agreement,
business and financial information, customer and vendor lists, and pricing and
sales information, concerning us or you, respectively, or any of our Affiliates
provided by or on behalf of any of them shall remain strictly confidential and
secret and shall not be utilized, directly or indirectly, by such party for its
own business purposes or for any other purpose except and solely to the extent
that any such information is generally known or available to the public through
a source or sources other than such party hereto or its affiliates. This
provision shall survive termination of this Agreement.
11) Limitation
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 affiliate relationship, even if we have been advised of
the possibility of such damages. Further, our aggregate liability arising with
respect to this Agreement and the Affiliate Program will not exceed the total
commissions paid or payable to you under this Agreement.
12) Limited
License: We grant you a nonexclusive, nontransferable, revocable right to link
to our site through the Links solely in accordance with the terms of this
Agreement, for the sole purpose of linking your site to our site, solely for
the purpose of identifying your site as a participant in the Program and
assisting in promoting papyrus services. You may not alter, modify, or change the
Links in any way. You are only entitled to use the Links to the extent that you
are a member in good standing of the Simply Me Box Affiliate Program. We may
revoke your license anytime by giving you written notice.
13) Disclaimers:
We make no express or implied warranties or representations with respect to the
Simply Me Box Affiliate Program (including, without limitation, warranties of education,
merchantability, non-infringement, or any implied warranties arising out of
course of performance, dealing, or trade usage). In addition, we make no
representation that the operation of our site will be uninterrupted or
error-free, and we will not be liable for the consequences of any interruptions
or errors.
14)
Modifications: We may modify any of the terms and conditions of this Agreement
at any time. You will be notified by e-mail, using the e-mail address currently
listed in your Affiliate Profile, and a change notice will be posted on our
site. If the modifications are unacceptable to you, your only recourse is to
terminate this Agreement. Your continued participation in this Affiliate
Program after a change notice has been posted will constitute binding
acceptance of the change.
15) Independent
Contractors: You and Simply Me Box are independent contractors and nothing in
this Agreement is intended nor shall be construed to 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.
16)
Representations and Warranties: You hereby represent and warrant to us as
follows:
a. This
Agreement constitutes your legal, valid, and binding obligation, enforceable
against you in accordance with its terms.
b. The development,
operation, and contents of your site do not and shall not infringe upon the
copyright, trademark, or any other right of any person or entity.
17) Independent
Investigation: You acknowledge that you have read this Agreement and agree to
all its terms and conditions. You understand that we may at any time (directly
or indirectly) solicit customer referrals on terms that may differ from those
contained in this Agreement or operate websites that are similar to or compete
with your website. You have independently evaluated the desirability of
participating in the noonybook.com Affiliate Program and are not relying on any
representation, guarantee, or statement other than as set forth in this
Agreement.
18) Fraud: If
you commit fraud or falsify information in connection with the submission of
referrals to noonbook.com services through the Links on your site, this
Agreement will be terminated immediately. In addition, you will be liable to f
Simply Me Box or any and all damages that Simply Me Box suffers as a result of
such actions. You will also be responsible for returning to noonybook.com all
commissions received for fraudulent/falsified referrals submitted, and we will
fully not hesitate to pursue all legal courses of action against you possible
under the law.
19)
Anti-Predatory Advertising:
19.1 Affiliates
will be removed from Simply Me Box Affiliate
Program and forfeit any pending commissions if they are utilizing or
distributing software downloads that enable diversions of commission from other
affiliates in our Program.
19.2 Such
systems include those commonly known as "ParasiteWare" or that carry
out functions commonly known as "Parasitic Marketing." ParasiteWare
is software (including, but not restricted to, browser helpers, browser plug-ins,
toolbars and pop ups/sliders) that knowingly or unknowingly undermines or
removes another affiliate's ability to compete by changing, intercepting or
redirecting an affiliate link. ParasiteWare may be installed knowingly or
unknowingly by the end user, altering normal web browser functions and/or
installing a third-party application that works through the user's altered
browser.
19.3 Affiliate
also agrees not to use any kind of technique that intercepts natural searches
to redirect traffic through installed software, thereby causing
commission-tracking cookies to be put in place or other commission tracking
cookies to be overwritten where a user would under normal circumstances have
arrived at the same destination through the results given by the natural
search. (Natural search engines being, but not limited to, Google, MSN, Yahoo,
Overture, AltaVista, Hotbot, LookSmart and similar search or directory engines)
19.4 Affiliate
agrees not to use any technique or marketing program that might reasonably be
considered "predatory" or manipulative. Simply Me Box reserves the
right to determine whether a technique or program is unreasonable. In the event
of a breach of this Agreement by Affiliate and/or a third party or licensee, simplymebox.com
shall immediately terminate this agreement, and, in addition to all other
remedies available to it, Simply Me Box shall have the right to refuse to make
payments to an Affiliate as a result of the Affiliate's efforts promoting
Incoggnito in such a manner.
19.5 Affiliate
agrees to indemnify, defend and hold Simply Me Box harmless from any cost,
expense or liability arising out of any breach or alleged breach of your
obligations under this Anti-Predatory Policy.
20) E-mail
Marketing and Endorsements:
20.1 Affiliate
agrees to comply with the requirements of the CAN-SPAM Act of 2003 (the
"Act") in its distribution of e-mail that contains messaging
regarding Simply Me Box. More specifically, e-mail must meet this criterion:
a. May only be
sent to recipients who have expressly agreed directly with Affiliate, in
advance, to receive such communications from Affiliate.
b. Must clearly
and conspicuously identify that the message is an advertisement or
solicitation, unless recipient has given prior affirmative consent to receipt
of the message. Affirmative consent means that the recipient expressly
consented to receive the message either in response to a clear and conspicuous
request for such consent or at the recipient's own initiative.
c. Must clearly
and conspicuously notify the recipient of the opportunity to decline to receive
further commercial e-mail from Affiliate.
d. Must provide
to us a valid physical postal address of Affiliate.
e. Must provide
a functioning return e-mail address or other Internet-based mechanism, clearly
and conspicuously displayed, that a recipient may use to submit, in a manner
specified in the commercial e-mail, a reply e-mail or other Internet-based
mechanism a request not to receive future commercial e-mail from Affiliate. The
return address or Internet-based mechanism must be capable of receiving such
messages for at least 30 days after the transmission of the original message.
Affiliate may not send subsequent commercial e-mails more than ten (10)
business days after the recipient's request not to receive further e-mails has
been received (unless there is a subsequent affirmative consent by the
recipient to receive such e-mails.) Once Affiliate receives such a request,
Affiliate may not sell, lease, exchange or otherwise transfer or release the
e-mail address of the recipient.
f. May not
contain materially false or materially misleading header information, or
deceptive subject heading.
g. May NOT
CONTAIN sexually oriented material.
20.2 Affiliate
may not initiate or assist in the transmission of commercial e-mail using an
e-mail address: (1) that was collected through automated means, from a third
party website in violation of that third party's posted privacy policy, or (2)
that was generated through automated means by combining names, letters or
numbers into numerous permutations. Affiliate may not conduct fraudulent
activities related to electronic mail, including but not limited to the
material falsification of header or transmission information, the unauthorized
use of someone else's computer to send bulk commercial e-mail, and the
registration of an e-mail account that materially falsifies the identity of the
actual registrant.
20.3
Endorsements: Every endorsement, including testimonial, published by Affiliate
regarding us or any of our products or services must be truthful,
substantiated, and be neither deceptive nor unfair, as required by the Federal
Trade Commission’s Guides Concerning Use of Endorsements and Testimonials in
Advertising (16 Code of Federal Regulations Part 255) as now or hereafter
amended. An endorsement is an advertising message that your readers are likely
to believe reflects any opinion, belief, finding or experience of Affiliate
and/or any other individual, expert, or organization other than us, even if
those views are identical to ours. If Affiliate is then publishing a banner ad
that advertises us, no further notice of the material connection between
Affiliate and us is required. If Affiliate is not then publishing such banner
ad and publishes any endorsement of us or any of our products or services,
Affiliate must publish notice to your readers that Affiliate may receive
compensation from us. Affiliate must promptly notify us each time Affiliate is
going to publish, or is publishing, an endorsement regarding us or any of our
products or services. If we believe any endorsement does not comply with the
FTC Guides, we reserve the right to require Affiliate to promptly bring the
endorsement into compliance with the FTC Guides or immediately delete the
endorsement(s). If Affiliate violates this provision Affiliate shall thereby
forfeit any commissions earned from us and shall return all such commissions to
us
20.4 In
addition, in the event of a breach of this E-mail Marketing and Endorsements
provision by Affiliate and/or a third party or licensee, in addition to all
other remedies available to it, Noonybook.com shall have the right to refuse to
make payments to an Affiliate as a result of the Affiliate's efforts
promoting Simply Me Box, which efforts
cannot be verified by Affiliate as having complied with the terms and
conditions of this E-mail Marketing and Endorsements provision. Affiliate
agrees to indemnify, defend and hold Simply
Me Box harmless from any cost, expense or liability arising out of any breach
or alleged breach of your obligations under this E-mail Marketing and
Endorsements provision.
21) Assignment:
Neither this Agreement nor any of your rights, interests, duties, or obligations
shall be assigned, transferred or delegated to any other person, firm, or
corporation without our prior written consent. Any attempted assignment or
delegation by Affiliate without such prior written consent shall be void and
without effect. We may assign this Agreement upon written notice to you.
22) Reservation
of Rights: Papyrus may terminate this Agreement at any time if your site is
determined (at our sole discretion) to be unsuitable for the Program, even if
your site has not changed since the time that your Affiliate Program
application was accepted. Papyrus also
reserves the right to monitor Affiliate sites at any time to determine whether
they are in compliance with this Agreement.
23) Governing
Law: The laws of the United States and the State of New Jersey will govern this
Agreement, without reference to rules governing choice of laws. Any action
relating to this Agreement must be brought in the federal or state courts
located in Camden County, and you irrevocably consent to the jurisdiction of
such courts. You may not assign this Agreement, by operation of law or
otherwise, without our prior written consent. Subject to that restriction and
Section 21, this Agreement will be binding on, inure to the benefit of, and
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 a provision or any other provision of this Agreement. If any provision of
part of this Agreement shall be held unenforceable, such unenforceable
provision shall be stricken from the Agreement, and the remainder of this
Agreement shall nevertheless remain in full force and effect, and the Agreement
shall be construed to the greatest extent possible to give effect to the intent
of the parties with respect to the stricken provision
24) Intellectual
Property: We and our licensors own and retain all rights, title, and interest
in and to the products and services available on the Simply Me Box website and
all ideas, concepts, methodologies, formats, specifications, and other know-how
furnished by us or our licensors in connection with the performance of its
obligations hereunder, as well as all related patents, copyrights, trademarks,
trade secrets, and other proprietary and intellectual property rights. The
products and services available on Incoggnito app is protected by the laws of
copyright, patent, trade secret, trademarks, and any other intellectual or
industrial property rights applicable to the Products. Affiliate neither
acquires nor is granted in any manner whatsoever any right, title or interest
of any nature in and to the products and services available on Incoggnito app
by virtue of this Agreement.