- Joining the Program
By filling out the signup form, you will automatically become an Affiliate and are bound by the terms of this agreement. Your participation in the Program is solely for this purpose: to legally advertise our website to receive a commission on products purchased by your referral individuals.
- Revocation of Affiliate Status
Your Affiliate application and status in the Program may be suspended or terminated at any time and for any of the following reasons:
· Inappropriate advertisements (False claims, misleading hyperlinks).
· Spamming (mass email, mass newsgroup posting, etc.). Michigan-Made has a zero-tolerance policy to the use of SPAM or unsolicited email to promote our Affiliate Program. Any Affiliate using such tactics will be removed from the Program immediately.
· Advertising on sites containing/promoting illegal activities.
· Violation of intellectual property rights.
· Affiliate is prohibited from using language in advertising campaigns such as ‘Official Site’, ‘Main Site’, Official Representative’, ‘Official Anything’ or any other language that might confuse viewer of such an advertisement.
· Affiliate will not claim or hold itself out as claiming any sponsorship by, endorsement by, or affiliation with Michigan-Made.
· Affiliate will not use the word “Michigan-Made” or any variation thereof in its domain name.
· Affiliate will not use any computer program, robot, or other device, which causes Michigan-Made to record a click-through or sale where no such click-through or sale has occurred. Furthermore, Affiliate will not use any “free traffic”, or related program to drive traffic through their assigned link.
· Affiliate will not violate or encourage any third party or entity to violate any law or regulation having the force of law, including, but not limited to, laws prohibiting the sale of certain goods and services, laws prohibiting the export of certain goods or services, and laws prohibiting obscenity.
· Affiliate will not defame, impersonate or invade the privacy of any third party or entity or encourage any third party or entity to do the same.
· Affiliate will not engage in any conduct that infringes the rights of any third party, including, but not limited to, the intellectual property, business, contractual, or fiduciary rights of others or encourage any third party or entity to do the same.
· Affiliate will not place links, promotional materials or branding made available through this Program on a web site(s) that violates or encourages others to violate any applicable law or regulation having the force of law, or that includes offensive or hate content, or that promotes discrimination based on race, sex, religion, sexual orientation, nationality, disability, or age.
· Michigan-Made has a zero-tolerance policy regarding the use of deceptive marketing tactics to promote the Michigan-Made Affiliate Program. This includes the use of such programs such as Spyware, Adware, Malware, forced clicks, cookie stealing, cookie stuffing, etc. None of these tactics will be tolerated and any Affiliate who violates this will be removed from the Program immediately.
- Affiliate Links
You may use graphic and text links both on your website and in emails. The site may also be advertised "offline" in classified ads, magazines, and newspapers. You may use the graphics and text provided to you by us, or you may create your own, so long as they are deemed appropriate according to the conditions in Section 2 above.
· Affiliate will not alter the links, promotional materials, and branding made available pursuant to the Program and will only use such links, promotional materials, and branding in the exact shape, colors, design, and configuration in which such items are made available pursuant to the Program.
· Affiliate will not use re-directs, cloaked links or any other form of link alteration meant to deceive.
· Affiliate will display all links, promotional materials, and branding made available pursuant to the Program alone, with reasonable spacing between each side of such item(s) and other graphic or textual elements.
· Affiliate will not use any links, promotional materials, and branding of Michigan-Made other than those made available through the Program.
· Affiliate will not make their own graphics or material without the express written consent of the Michigan-Made Affiliate Manager.
- Affiliate Tracking
When a web surfer clicks through an affiliate link, a cookie is set in their browser that contains that Affiliate username. Also, their IP address is tracked in the database along with the Affiliate name. When this person decides to buy a product, the script will look for this cookie and/or try to match their IP address to identify the Affiliate who will be awarded the commission. Visitors sent through an affiliate link may make a purchase later in time and the commission will still be awarded if the cookie is present in their browser and/or they are using the same IP address as the one logged in the database.
· Affiliate will not try to alter or change the cookie, IP address or any other associated tracking information. Furthermore, Affiliate will not use any program robot, software script or service in an attempt to change or alter information that was obtained from another Affiliate. This includes all use of Spyware, Adware, Pop-up software, cookie stuffing and similar programs and services.
Commission rates will be paid to Affiliates based on the sales acquired through the Michigan-Made Affiliate Program. Sales generated through the Affiliate link entitle the Affiliate to earn a commission as set out in your agreement with Michigan-Made. Valid commissions are payable no later than 30 days after the 30-day guarantee period has expired and after all fraudulent, duplicate, or other sales have been reversed out of the system.
- Commission Determination
Only Michigan-Made products and services that are (i) sold by Michigan-Made, (ii) purchased by Customers linking to Michigan-Made’s website from an Affiliate’s site pursuant to a Link, (iii) shipped and/or supplied by Michigan-Made, and (iv) fully paid for will qualify for a commission (each, a "Qualifying Purchase"). Michigan-Made, in its sole discretion, reserves the right to withhold indefinitely or reject any affiliate commission for any account/sale which has not been in an approved status as an account of Michigan-Made for a period of at least thirty (30) days. Michigan-Made also retains the right to review all commissions for possible fraud, including but not limited to the use of software that generates real and fictitious information. Any incidence of fraud constitutes a breach of this Agreement, and Michigan-Made retains full authority to terminate this Agreement immediately.
- Commission Payment
When commissions are due to you (based on Section 5 above), Michigan-Made will send a commission check for the applicable commission. Such commission checks will be sent approximately thirty to forty five days after a valid sale is properly completed, according to the then posted Affiliate Payment Schedule. Affiliates must generate a balance of $25.00 or more before a check will be sent. Commission payments shall be paid by check and mailed to the Affiliate at the address posted in their profile. Michigan-Made will not reimburse nor compensate Affiliates for any commission or other consideration other than for an approved valid sale, made solely by an Affiliate, and in which the Affiliate’s sale was in approved status for a period of at least forty-five (45) days. Michigan-Made, in its sole discretion, reserves the right to modify the terms of this commission payment method or schedule.
- Terms of the Agreement
These terms begin upon signup to the Affiliate Program and will end when an Affiliate’s account is terminated. The terms of this agreement may be modified by Michigan-Made at any time. If any modification to the terms is unacceptable to an Affiliate, such Affiliate can choose to terminate his or her account. Continued participation in the Program by an Affiliate will constitute his or her acceptance of any changes.
Michigan-Made will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, and any results of "intents of harm" to the Program or our website. Furthermore, Michigan-Made does not make any expressed or implied warranties with respect to the Affiliate Program and/or products sold through Michigan-Made’s website. Michigan-Made makes no claim that the operation of the Affiliate Program and Michigan-Made website will be error-free and will not be liable for any interruptions or errors.
- Search Engine and Pay-per-click Policy
Affiliates are expressly prohibited from bidding on any of the Michigan-Made display URLs, domain names or trademarks in all search engines, including but not limited to Google, Yahoo and MSN. This includes direct bidding on Michigan-Made.com as the display URL or any variation thereof. Any commissions obtained by bidding directly on the Michigan-Made display URLs will be forfeited.
Affiliates are also prohibited from bidding on any of the Michigan-Made trademarks as keywords in search engines. This includes using the terms “Michigan-Made”, Michigan-Made,com, www.Michigan-Made.com, or any misspellings or combination thereof to obtain search results utilizing Michigan-Made’s trademarked terms. Any commissions obtained from such keyword bidding tactics is a direct violation of this Affiliate Agreement and compensation will be forfeited for such results.
Furthermore, Affiliates are prohibited from bidding on third-party keywords which may violate those companies’ trademark rights. This includes using Michigan-Made’s competitors’ brand names and trademarks in keyword bidding.
Michigan-Made shall make available online to Affiliate activity reports from which the number of Michigan-Made sales made by visitors to Affiliate are viewable.
- Email and Phone Contact
Affiliate hereby permits Michigan-Made to contact Affiliate through email and phone and at Affiliate’s mailing address, provided to Michigan-Made by Affiliate, for the duration of this agreement. Due to Michigan-Made’s need to communicate with its Affiliates, Affiliate cannot ‘opt-out’ of Michigan-Made’s Affiliate mailing lists or phone list unless Affiliate terminates its entire Affiliate relationship with Michigan-Made.
- Notifications of Intellectual Property Infringement
Michigan-Made processes, investigates, and responds to notifications of alleged infringement in accordance with the Digital Millennium Copyright Act (‘DMCA’) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Michigan-Made will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Michigan-Made will terminate access for subscribers and account holders who are repeat infringers.
Furthermore, Michigan-Made will investigate and respond to all notifications of infringement for other violations of third-party rights and privileges such as trademarks, patents, etc.
- Notifications of Claimed Infringement by Affiliate
Affiliate agrees to assume sole responsibility for compliance by Affiliate’s web site(s), and Affiliate’s marketing tactics with all applicable intellectual property laws and all other laws. In the event that Michigan-Made should receive any notification of claimed infringement by Affiliate, Affiliate agrees to cooperate with Michigan-Made in expeditiously responding to such notification and resolving any claim of infringement.
Affiliate’s participation in the Program is terminable at any time and for any reason or for no reason at all, at the sole discretion of Michigan-Made. Without limitation, Affiliate’s participation in the Program shall be deemed automatically terminated immediately and all commissions forfeited upon Affiliate’s violation of any of these Terms and Conditions or of any applicable law or regulation having the force of law. In addition, without limitation, Affiliate’s participation in the Program may be terminated where Michigan-Made, in its sole discretion determines: (1) that any content, goods, services, or links displayed on or made available through or in connection with Affiliate’s web site(s) are obscene, indecent, vulgar, offensive, dangerous, slanderous, reputation damaging or are otherwise deemed inappropriate by Michigan-Made, in its sole discretion; (2) that Affiliate or Affiliate’s web site(s) is or has become the subject of a government complaint or investigation; or (3) that Affiliate or Affiliate’s web site(s) threatens to violate these Terms and Conditions.
- Notice of Termination
Michigan-Made shall provide notice of termination to you via the email on file under this Program. Where Affiliate’s participation in the Program is terminated automatically as described above for any violation of this agreement for any reason, no notice of termination need be provided for such termination to be effective.
- Effect of Termination
Upon termination, Affiliate shall immediately cease and desist from exercising any rights conferred by these Terms and Conditions, including, without limitation, from making any use of the links, promotional materials, trademarks, and branding made available through the Program. Upon termination, Affiliate may not register for any subsequent participation in the Program or rejoin the Program, without the express written consent of Michigan-Made. If an Affiliate shall join under a different name of try to disguise their future participation, all commissions obtained through that account shall be forfeited. All provisions in this agreement shall survive the termination of an Affiliate.
Michigan-Made may provide to third parties the information that Affiliate submits in registering for the Program and Affiliate as Michigan-Made deems necessary.
Affiliate shall receive a password to access Affiliate’s account. Affiliate is entirely responsible for any and all activities which occur under Affiliate’s password. Affiliate agrees to keep its password strictly confidential, to allow no other person or company to use its password, and to notify Michigan-Made promptly if Affiliate has any reason to believe that the security of its account has been compromised.
Affiliate agrees to indemnify and hold harmless Michigan-Made, and its affiliates, officers, directors, employees and agents, from any claim or demand, including, without limitation, penalties, interest, reasonable attorneys’ fees and costs claimed, demanded, or incurred in connection with any claim or demand, made by any third party due to or arising directly or indirectly out of Affiliate’s conduct, Affiliate’s web site(s), Affiliate’s participation in the Program, any content, goods, services, or links displayed on or made available through or in connection with Affiliate’s web site(s), any claim that Michigan-Made is obligated to pay tax obligations in connection with compensation paid to Affiliate pursuant to the Program, any alleged violation of these Terms and Conditions, any alleged violation of any applicable law or regulation, or any alleged violation of any rights of another, including but not limited to Affiliate’s use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with Affiliate’s web site(s). Michigan-Made reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Affiliate, but doing so shall not excuse Affiliate’s indemnity obligations. Michigan-Made shall have the right to participate in the defense of all claims pursuant to this Section.
- Tax Obligations
Affiliate shall be solely responsible for all tax obligations due to all taxing authorities arising from or in connection with Affiliate’s participation in the Program. Affiliate agrees that they are acting independently and are fully responsible for all income gained through participation in this Program.
- Disclaimer of Warranties
THE PROGRAM, INCLUDING ALL SERVICES PROVIDED IN CONNECTION WITH THE PROGRAM, ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Michigan-Made DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PROGRAM, INCLUDING THE SERVICES PROVIDED IN CONNECTION WITH THE PROGRAM. AFFILIATE UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH PARTICIPATION IN THE PROGRAM IS DONE AT THEIR OWN DISCRETION AND RISK AND THAT SAID AFFILIATE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to Affiliate insofar as they relate to implied warranties.
- Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Michigan-Made BE LIABLE TO AFFILIATE ON ACCOUNT OF AFFILIATE’S PARTICIPATION IN THE PROGRAM, USE OR MISUSE OF THE PROGRAM, RELIANCE ON THE PROGRAM, INABILITY TO PARTICIPATE IN THE PROGRAM, OR FOR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE PROGRAM. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF Michigan-Made HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM PARTICIPATION IN THE PROGRAM, USE OR MISUSE OF THE PROGRAM, RELIANCE ON THE PROGRAM, FROM INABILITY TO PARTICIPATE IN THE PROGRAM, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PROGRAM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PROGRAM OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, Michigan-Made. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to Affiliate.
- Release of Obligations
Affiliate hereby agrees to release Michigan-Made and its affiliates, officers, directors, agents, representatives, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that Affiliate may have against them arising out of or in any way related to such disputes and/or to the Program. Affiliate hereby agrees to waive all laws that may limit the efficacy of such releases.
- Assignment of Rights
Affiliate agrees not to resell, assign, sublicense, otherwise transfer, or delegate its rights or obligations under these Terms and Conditions without the prior express written authorization of Michigan-Made.
- Greater Force
Under no circumstances shall Michigan-Made be liable for any delay or failure in performance under these Terms and Conditions resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
All notices shall be made in writing to Michigan-Made at the address located on the Michigan-Made respective website(s) or by contacting the Affiliate Manager through the email account associated with this Program.
- Entire Agreement
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous proposals, both oral and written, negotiations, representations, writings and all other communications between the parties.
- Relationship of Parties
Michigan-Made and Affiliate are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other. Under these Terms and Conditions, Affiliate is contracting solely to provide advertising services for Michigan-Made in accordance with these Terms and Conditions. These Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
- Modification and Amendment of Terms and Conditions
Michigan-Made may amend or otherwise modify all or part of these Terms and Conditions. Affiliate agrees that Michigan-Made posting of any amendments or modifications to this website shall constitute adequate notice to Affiliate and that Affiliate shall periodically consult this web page for any changes or amendments to these Terms and Conditions. Michigan-Made may, but is under no obligation to, provide additional notice of any amendment, modification or update of these Terms and Conditions via e-mail to Affiliate. If any material modification to these Terms and Conditions is unacceptable to Affiliate it shall be Affiliate’s responsibility to terminate their affiliation within 10 days of any change to this agreement. If Affiliate does not terminate this Agreement within 10 days of the material modification then Affiliate’s continued affiliation will mean that Affiliate has accepted the amended or modified Terms and Conditions of this Agreement.
- Forfeiture of Accrued Commissions in Cases of Breach
Any Affiliate who violates these Terms and Conditions will immediately forfeit any right to any and all accrued commissions.
By filling out this form, you acknowledge that you have read the terms and conditions, understand, and agree with them.