“Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into, post to, or otherwise make available through the Services.
“Fees” means all fees, taxes, and foreign exchange fees payable for the Paid Services that you choose to purchase. Taxes are calculated based on the billing information that you provide us at the time of purchase.
“Paid Service” means a Service for which you pay a fee.
“Paid Term” means the period for which a given Paid Service will be provided, as stated on the page through which you purchase the Paid Service.
“Submitted Data” means all data and information you or any other user of the Services submits to the Services.
“User Data” means all Submitted Data that you submit to the Services.
Email support is available at [email protected]. We will try to make the Services available 24 hours a day, 7 days a week, except for planned down-time for maintenance. We do not promise or guarantee any specific support response time or availability.
By creating an account on the Services, you agree that: (1) you are 16 years of age or older; (2) you will only have one Affiliate Awesome account, which must be in your real name; and (3) you are not restricted by Affiliate Awesome from using the Services. You may not use the Services if you are legally prohibited from receiving or using them under the laws of the country in which you are resident or from which you access or use them.
You agree: (1) to choose a strong and secure password; (2) to keep your password private; and (3) not to use your account in violation of applicable laws. You are responsible for anything that happens through your account.
If you are an unpaid user of the Services, we may suspend or terminate your access to the Services at any time without notice or cause. If you are a paid user of the Services, we may suspend your access to the Services upon notice if you violate the law, these Terms, and we may terminate your access without notice or cause at the expiration of the Paid Term. Suspension of your paid account won’t affect the public display of Paid Services items like resource listings.
You may terminate your account (and these Terms) at any time by notifying us at [email protected] If you are a paid user, terminating won’t entitle you to any refund of fees you’ve paid, and you’ll still be responsible for any unpaid fees you owe. When you terminate, you lose the right to access or use the Services, and we may delete your User Data.
You will not (i) use or launch any automated system, including, “robots,” “spiders,” or “offline readers,” that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser; (ii) use the Services in any manner that damages, disables, overburdens, or impairs any of our websites or interferes with any other party’s use of the Services; (iii) attempt to gain unauthorized access to the Services; (iv) access the Services other than through our interface; or (v) use the Services for any purpose or in any manner that is unlawful or prohibited by these Terms.
If you purchase any Paid Services, you authorize us to charge your credit card or bank account for the applicable Fees. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to that third party. You authorize us to store and continue billing your payment method even after the Paid Term, to avoid interruptions in your Paid Services (e.g. recurring subscriptions) and to facilitate easy payment for new Paid Services. If you don’t pay the Fees when due, we may suspend or terminate your access to the Paid Services.
For Paid Terms that are listed as recurring or automatically renewing at the time of purchase, you must pay us for applicable Fees until you cancel the Paid Service, in which case you agree to still pay these Fees through the end of the then-current Paid Term. You can cancel your recurring Paid Services by emailing [email protected]
List prices for the Paid Services do not include taxes (like sales tax, VAT, and GST), which we will charge if they apply to you. You agree to pay any taxes applicable to your use of the Paid Services. You will not have any liability for any taxes based on our gross revenues or net income. If you are located in the European Union, you represent that you are registered for VAT purposes in your member state. At our request, you will provide us with your VAT registration number. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.
Our Services allow sharing of information in many ways, such as through user profiles, links to other websites, resource listings, and other posts or submissions by users of the Services. Your User Data may be seen by other users of the Services or the public.
We are not obligated to publish any Submitted Data on or through the Services and can remove it in our sole discretion, with or without notice.
As between you and us, you own and retain all rights to your User Data. These Terms do not grant us any ownership rights to your User Data. You grant us and our licensors a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your User Data as necessary to provide the Services and as permitted by these Terms (and to authorize others to do so). For clarity, this license will survive termination or expiration of these Terms so that we can continue to provide the Services to others (including by sharing your posts, comments, and other User Data).
You represent and warrant that you have sufficient rights and permissions to grant us the license above. You agree that we are not responsible if other users of the Services or members of the public access, copy, or share your User Data. We may edit and make formatting changes to your User Data (such as modifying the size, layout or file type or removing metadata).
You agree that your submission of your User Data to the Services does not violate the law or anyone’s rights, including anyone’s intellectual property rights, and that you have all sufficient rights and permissions to submit your User Data to the Services. You also agree that your profile information will be truthful. We may be required by law to remove certain information or content in certain countries.
This is an agreement for access to and use of the Services, and you are not granted a license to any software by these Terms. The Services and Content are protected by intellectual property laws and belong to and are the property of us or our licensors (if any). We retain all ownership rights in the Services and Content. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Services or the Content in whole or in part, by any means, except as expressly authorized in writing by us. Affiliate Awesome, the Affiliate Awesome logos, and other marks that we use from time to time are our trademarks. The appearance, layout, color scheme, and design of the affiliateawesome.com site are protected trade dress. You may not use any of these without our prior written permission.
We encourage all users of the Services to comment on the Services, provide suggestions for improving the Services, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Services, without payment or attribution to you.
Third Party Data
By using the Services, you may encounter Submitted Data that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We generally do not review Submitted Data and we do not endorse, support, or warranty the Submitted Data. You acknowledge that you should not rely on the accuracy or completeness of any Submitted Data and you agree that we are not responsible for any damages you or any third party may suffer arising from or related to your or a third party’s use of or reliance on the Submitted Data.
You are responsible for deciding if you want to access or use third party sites that link from our Services. If you connect your account with a third party site to your account for the Services, you agree that your User Data, in part or in whole, might be shared with such third party site. You agree that we are not responsible for any third party sites or their use of your User Data.
Indemnity, Disclaimer of Warranties, & Limitation of Liability
You understand and agree that you are personally responsible for your use of the Services and the User Data you submit. You agree to indemnify, defend and hold us harmless from and against all third-party claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use or misuse of the Services, Content, or the Submitted Data, or any violation by you of these Terms. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
We and our affiliates and agents make no representations or warranties about the suitability, reliability, availability, timeliness, security or accuracy of the Content, the Submitted Data, the Services, or data made available from the Services for any purpose. To the extent permitted by law, the Services and the Content are provided “as is” without warranty or condition of any kind. We disclaim all warranties and conditions of any kind with regard to the Services and the Content, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. No statement or information, whether oral or written, obtained from Affiliate Awesome in any means or fashion shall create any warranty not expressly and explicitly set forth in these Terms. The Content and Submitted Data may include inaccuracies or typographical errors.
To the extent permitted by law, in no event shall Affiliate Awesome or its affiliates or agents be liable for any indirect, punitive, consequential, or other type of damages, including lost profits or business opportunities.
If, notwithstanding the other terms of these Terms, Affiliate Awesome is determined to have any liability to you or any third party for any loss, harm or damage, you agree that the aggregate liability of Affiliate Awesome and its officers, directors, managers, employees, affiliates, agents, contractors, service providers, licensors and suppliers will be limited to one hundred dollars. We disclaim all liability with respect to third-party products that you use. Our licensors shall have no liability of any kind under these Terms.
You understand and agree that absent your agreement to this limitation of liability, we would not provide the Services to you.
Amendment. We may modify these Terms at any time, including fees and charges (but, your fees and charges for a service won’t change during the then-current Paid Term for that service). If we update or change these Terms, the updated Terms will be posted at affiliateawesome.com/terms-of-use and we will let you know either via a notification within the Services or by email. By continuing to use the Services after a change to these Terms, you agree to those changes.
Entire Agreement, No Waiver. These Terms constitute the entire agreement between you and us and supersede all other proposals and agreements between us. If we do not enforce any right or provision in these Terms, that is not to be deemed a waiver of our right to do so in the future.
Governing Law. These Terms are governed by the laws of the state of California, U.S.A. without reference to conflicts of law principles. Both parties consent to the exclusive jurisdiction and venue of courts in Oakland, California, U.S.A. for all disputes arising out of or relating to these Terms.
Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
Compliance with laws. We will comply with all U.S. state and federal laws in our provision of the Services. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request. You will comply with all laws in your use of the Services, including any applicable export laws. You will comply with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury. You will not directly or indirectly export, re-export, or transfer the Services to prohibited countries or individuals or permit use of the Services by prohibited countries or individuals.
Notice. Notice will be sent to the contact address set forth herein, and will be deemed delivered as of the date of actual receipt.
- To us: Affiliate Awesome, 930 Dwight Way #7, Berkeley, CA 94710, U.S.A., Attention: General Counsel.
- To you: the email address associated with your account. We may give electronic notices by general notice via the Services and may give electronic notices specific to you by email to your email address(es) on record in our account information for you. You must keep all of your account information current.
Assignment. You will not assign or transfer these Terms, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of your assets, change of control or operation of law, without our prior written consent, which will not be unreasonably withheld. We may assign these Terms to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.
Severability. If any part of these Terms are determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Survival. All sections that by their nature should survive the termination or expiration of these Terms shall so survive.
1. Important Information
1.2. Contact Us
2. Use of the Subscription Service by Affiliate Awesome and our Customers
2.1. The Affiliate Awesome Subscription Service
Our online Subscription Service allows any company that uses it (our customers and Affiliate Awesome itself) to manage marketing and profile webpages on our servers where visitors can learn more about the user and company, download content, and provide their contact information and other demographic information. This information, which is stored and managed on our service providers’ servers, is then used so that the visitors can be contacted about their interest in the company’s goods or services and interact with the company. Affiliate Awesome provides the Subscription Service to our customers for their own marketing and lead generation, and we use it on our Websites for our own marketing and lead generation.
2.2. Use by Affiliate Awesome
2.3. Use by Our Customers
Affiliate Awesome collects information under the direction of its customers, and has no direct relationship with the individuals whose Personal Information it processes. If you are a customer of one of our customers and would no longer like to be contacted by one of our customer that use our Subscription Service, please contact the customer that you interact with directly. We may transfer Personal Information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our customers.
2.4. “Sensitive Information”
This refers to credit or debit card numbers, personal financial account information, Social Security numbers, passport numbers, driver’s license numbers or similar personal identifiers, racial or ethnic origin, physical or mental health condition or information, or other employment, financial or health information.
3. Information We Collect
3.1. When You Visit our Websites
You are free to explore the Websites without providing any information about yourself. When you visit the Websites or register for the Subscription Service, we request that you provide Personal Information about yourself, and we collect Navigational Information.
3.3. “Personal Information”
This refers to any information that you voluntarily submit to us and that identifies you personally, including contact information, such as your name, e-mail address, company name, address, phone number, and other information about yourself or your business. Personal Information can also include information about any transactions, both free and paid, that you enter into on the Websites, and information about you that is available on the internet, such as from Facebook, LinkedIn, Twitter and Google, or publicly available information that we acquire from service providers.
3.4. “Navigational Information”
This refers to information about your computer and your visits to this website such as your IP address, geographical location, browser type, referral source, length of visit and pages viewed. Please see the “Navigation Information” section below.
3.5. Payment Information
We collect and process payment information from you when you subscribe to the Subscription Service, including credit cards numbers and billing information, using third party PCI-compliant service providers. Except for this, we do not collect Sensitive Information from you.
3.6. Information About Children
The Websites are not intended for or targeted at children under 13, and we do not knowingly or intentionally collect information about children under 13. If you believe that we have collected information about a child under 13, please contact us at [email protected], so that we may delete the information.
4. How We Use Information We Collect
4.2. We Never Sell Personal Information
We will never sell your Personal Information to any third party.
4.3. Use of Personal Information
4.4. Use of Navigational Information
We use Navigational Information to operate and improve the Websites and the Subscription Service. We may also use Navigational Information alone or in combination with Personal Information to provide you with personalized information about Affiliate Awesome.
4.5. Customer Testimonials and Comments
We post customer testimonials and comments on our Websites, which may contain Personal Information. We obtain each customer’s consent via email prior to posting the customer’s name and testimonial.
4.6. Use of Credit Card Information
If you give us credit card information, we use it solely to check your financial qualifications and collect payment from you. We use a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use information you provide except for the sole purpose of credit card processing on our behalf.
4.7. Service Providers
We employ other companies and people to provide services to visitors to our Websites, our customers, and users of the Subscription Service and may need to share your information with them to provide information, products or services to you. Examples may include removing repetitive information from prospect lists, analyzing data, providing marketing assistance, processing credit card payments, supplementing the information you provide us in order to provide you with better service, and providing customer service. In all cases where we share your information with such agents, we explicitly require the agent to acknowledge and adhere to our privacy and customer data handling policies.
4.8. Security of your Personal Information
We use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use or disclosure. We secure the Personal Information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When sensitive Personal Information (such as a credit card number and/or geo-location data) is collected on our Websites and/or transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
If you have any questions about the security of your Personal Information, you can contact us at [email protected]
4.9. Social Media Features
4.10. External Websites
4.11. Public Forums
We offer publicly accessible comments, community forums and groups. Please keep in mind that if you directly disclose any information through our public comments, forums or groups, this information may be collected and used by others. We will correct or delete any information you have posted on the Websites if you so request, as described in “Opting Out and Unsubscribing” below.
4.12. Retention of Personal Information
We retain Personal Information that you provide us as long as we consider it potentially useful in contacting you about the Subscription Service or our other services, or as needed to comply with our legal obligations, resolve disputes and enforce our agreements, and then we securely delete the information. We will delete this information from the servers at an earlier date if you so request, as described in “Opting Out and Unsubscribing” below. If you provide information to our customers as part of their use of the Subscription Service, our customers decide how long to retain the personal information they collect from you. If a customer terminates its use of the Subscription Service, then we will provide customer with access to all information stored for the customer by the Subscription Service, including any Personal Information provided by you, for export by the customer according to our agreement with our customer. After termination, we may, unless legally prohibited, delete all customer information, including your Personal Information, from the Subscription Service.
4.13. International Transfer of Information
4.14. Corporate Events
If we (or our assets) are acquired by another company, whether by merger, acquisition, bankruptcy or otherwise, that company would receive all information gathered by Affiliate Awesome on the Website and the Subscription Service. In this event, you will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your Personal Information, and choices you may have regarding your Personal Information.
4.15. Compelled Disclosure
We reserve the right to use or disclose your Personal Information if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process.
5. Navigational Information
We use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web server. Cookies are not used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize pages on our Websites, or register for the Subscription Service, a cookie helps us to recall your specific information on subsequent visits. When you return to the same Website, the information you previously provided can be retrieved, so you can easily use the customized features.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Affiliate Awesome Subscription Service or Website you visit. Affiliate Awesome keeps track of the Website and pages you visit within Affiliate Awesome, in order to determine what portion of the Affiliate Awesome Website or Subscription Service is the most popular or most used. This data is used to deliver customized content and promotions within the Affiliate Awesome Website and Subscription Service to customers whose behavior indicates that they are interested in a particular subject area.
5.2. Log Files
We may collect demographic information, such as your ZIP code, age, gender, preferences, interests and favorites using log files that are not associated with your name or other personal information. There is also information about your computer hardware and software that is automatically collected by us. This information can include: your IP address, browser type, domain names, internet service provider (ISP), the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, clickstream data, access times and referring website addresses. This information is used by Affiliate Awesome for the operation of the Subscription Service, to maintain quality of the Subscription Service, and to provide general statistics regarding use of the Affiliate Awesome Website. For these purposes, we do link this automatically-collected data to Personal Information such as name, email address, address, and phone number.
5.5. Single Sign-On
You can log in to our site using a Single Sign-on (SSO) service like your Google account. This service will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Such services may give you the option to post information about your activities on this Web site to your profile page to share with others within your network.
5.8. Third Party Tracking Technologies
6. Opting Out and Unsubscribing
6.1. Reviewing, Correcting and Removing Your Personal Information
Upon request Affiliate Awesome will provide you with information about whether we hold any of your Personal Information. If you provide us with your Personal Information, you have the following rights with respect to that information:
- To review the user information that you have supplied to us
- To request that we correct any errors, outdated information, or omissions in user information that you have supplied to us
- To request that your user information not be used to contact you
- To request that your user information be removed from any solicitation list that we use
- To request that your user information be deleted from our records
- To opt out of being solicited by Affiliate Awesome or third parties
To exercise any of these rights, please contact us at [email protected] or by mail to Affiliate Awesome, 930 Dwight Way, #7, Berkeley, CA, 94710, USA, Attention: Privacy. We will respond to your request to change, correct, or delete your information within a reasonable timeframe and notify you of the action we have taken.
6.3. To Unsubscribe From Our Communications
You may unsubscribe from our marketing communications by clicking on the “unsubscribe” link located on the bottom of our e-mails, or by sending us email us at [email protected], or by sending us postal mail to Affiliate Awesome, 930 Dwight Way, #7, Berkeley, CA, 94710, USA, Attention: Privacy. Customers cannot opt out of receiving transactional emails related to their account with us or the Subscription Service.