Viral Launch - Affiliate Program

Join our affiliate program and start earning money for every sale you send our way! Simply create your account, place your linking code into your website and content, and watch your account balance grow as your visitors become our customers.

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Terms and Conditions

Viral Launch Affiliate Program Terms and Conditions
THESE VIRAL LAUNCH AFFILIATE PROGRAM TERMS AND CONDITIONS (THE “TERMS”) ARE ENTERED INTO BY AND BETWEEN VIRAL LAUNCH, INC., A DELAWARE CORPORATION (“VIRAL LAUNCH”) AND EACH AFFILIATE (AS DEFINED HEREIN). THESE TERMS GOVERN AFFILIATE’S PARTICIPATION IN VIRAL LAUNCH’S AFFILIATE PROGRAM AND RECEIPT OF ASSOCIATED SERVICES AND MATERIALS (THE “PROGRAM”). BY ACCEPTING THESE TERMS, EITHER BY CLICKING A BOX INDICATING AFFILIATE’S ACCEPTANCE, PERFORMING SOME OTHER FORM OF ASSENT, OR BY EXECUTING OR OTHERWISE AGREEING TO AN ORDER FORM, STATEMENT OF WORK, SUBSCRIPTION OR OTHER ORDERING DOCUMENT OR WEBPAGE THAT REFERENCES THESE TERMS AND OF WHICH THESE TERMS ARE A PART, AFFILIATE AGREES TO THE TERMS AND CONDITIONS HEREIN. AFFILIATE REPRESENTS TO VIRAL LAUNCH THAT AFFILIATE HAS THE AUTHORITY TO BIND AFFILIATE TO THESE TERMS. IF AFFILIATE DOES NOT HAVE SUCH AUTHORITY, OR IF AFFILIATE DOES NOT AGREE WITH THE TERMS, THEN AFFILIATE SHALL NOT ACCEPT THESE TERMS AND SHALL NOT PARTICIPATE IN THE PROGRAM. 

These Terms were last updated on July 20, 2018. The Terms are effective as of the date Affiliate accepts these Terms.
1.	Overview. These Terms contain the complete terms and conditions that apply to your participation in the Program. The purpose of the Program is to facilitate Internet traffic driven from your website and content that you create to the Viral Launch website. The terms "we," "us," and "our" refer to Viral Launch, and "you," "your," and "yours" refer to the affiliate in the Program (“Affiliate”).
2. 	Affiliate Obligations.
2.1. 	Affiliate shall apply for a Viral Launch Affiliate account, and upon acceptance of such application (which acceptance or denial of acceptance shall be made in Viral Launch’s discretion), Affiliate shall have the right to access Affiliate’s dashboard within the Affiliate dashboard (the “Affiliate Dashboard”), which Affiliate Dashboard contains information with respect to Affiliate’s code, link and commissions. Each Affiliate shall create no more than one (1) Affiliate account. Any attempt to create or the creation of more than one (1) Affiliate account by Affiliate shall be a breach of these Terms. Viral Launch may limit or prohibit any Affiliate’s ability to drive registrations and subscriptions to Viral Launch from referrals and affiliates from and of the Affiliate, at Viral Launch’s sole discretion. In addition to any other rights or remedies available to Viral Launch, in the event that Viral Launch determines that the source or content of any referrals from any Affiliate are unsuitable or undesirable, for any reason or no reason, then Viral Launch shall have the right to immediately terminate Affiliate’s participation in the Program, terminate Affiliate’s Affiliate link and/or require the forfeiture of any unpaid commission(s), each as determined in Viral Launch’s sole discretion.
2.2.	With respect to the Program, Affiliate shall not (a) promote sexually explicit materials, (b) promote violence, (c) promote discrimination based on or discriminate based on race, sex, religion, nationality, disability, sexual orientation, or age; (d) promote illegal activities, (e) incorporate any materials which infringe or assist others in infringing any copyright, trademark or other intellectual property rights of Viral Launch or others, (e) violate any applicable law, (f) otherwise use the Program in in any way that is unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to Viral Launch, as determined in its sole discretion. 
2.3. 	Affiliate shall not, without prior written consent of Viral Launch in each instance, use in advertising, publicity or otherwise the name of Viral Launch, or any partner, affiliate, agent or employee of Viral Launch, or any trade name, trademark, trade device or other intellectual property owned by Viral Launch, or represent, directly or indirectly, that any product or any service provided by Affiliate has been approved, recommended, certified, or endorsed by Viral Launch, except that Affiliate shall have the right to (a) share the Affiliate link provided by Viral Launch to Affiliate, and (b) use the name of Viral Launch and Viral Launch’s trademarks, during the term of these Terms, exclusively in conjunction with the Program and for no other purpose. Such consent may be withheld and/or revoked by Viral Launch, for any or no reason, at any time. Affiliate shall not create or design any website, webpage or other communication (electronic or otherwise) that copies, resembles, mimics or otherwise borrows content from Viral Launch’s website, webpage or other intellectual property. Affiliate shall take no action that leads customers to believe that Affiliate has any relationship Viral Launch other than with respect to Affiliate’s participation in the Program.
2.4. 	Viral Launch reserves the right, at any time, to (a) review Affiliate’s placement and use of Affiliate links, (b) approve or disapprove of Affiliate’s use of Affiliate links, and/or (c) require that Affiliate changes, amends or alters the placement of Affiliate links in order to comply with these Terms or any other guidelines provided to Affiliate by Viral Launch with respect to the placement and use of Affiliate links. Affiliate shall refer Affiliate’s customers and clients to Viral Launch through affirmative promotional acts (e.g., writing a blog post, creating a video) in order to earn a commission from the use of Affiliate’s link. The act of posting Affiliate’s link to a website is independently insufficient in order to earn a commission for the use of the relevant Affiliate link.
2.5	Affiliate shall use the Program solely for its internal business purposes as contemplated by these Terms. Affiliate shall not: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, share or otherwise commercially exploit or make the Program available to any third party except as is contemplated explicitly by these Terms, (b) send via the Program or store within the Affiliate Dashboard or any related materials any infringing, obscene, threatening, defamatory, fraudulent, abusive, or otherwise unlawful or tortious material, including material that is harmful to children or violates third party privacy rights, (c) send via the Program, upload to, or store within the Affiliate Dashboard or related materials any malicious code, (d) interfere with or disrupt the integrity or performance of the Program or the data contained therein, or (e) attempt to gain unauthorized access to the Program or its related systems or networks. In no event shall Affiliate decompile, disassemble, decode, reproduce, redesign, or reverse engineer the Program, Affiliate Dashboard or the component parts thereof or otherwise decrypt encrypted information provided pursuant to the provision of Program.
3.	Viral Launch’s Rights and Obligations.
3.1. 	 Viral Launch and its representatives may examine all records, files, data and other information (a) submitted by or through Affiliate to Viral Launch with respect to the Program, and (b) with respect to your compliance with these Terms. Viral Launch may perform any audit or investigation Viral Launch deems necessary or desirable relating to your compliance with these Terms. Should Viral Launch discover any failure to adhere to the Terms, in addition to any other rights Viral Launch may have pursuant to these Terms or otherwise (including, but not limited to the right to terminate Affiliate’s participation in the Program), Viral Launch shall have the right to cause Affiliate to take, with all appropriate diligence, any and all actions required or requested by Viral Launch to correct such failure(s). 
3.2.	Viral Launch may, directly or indirectly, suspend, terminate, or otherwise deny Affiliate’s access to or use of all or any part of the Program without incurring any resulting obligation or liability, if: (a) Viral Launch receives a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires Viral Launch to do so, or (b) Viral Launch believes, in its sole discretion, that Affiliate has failed to comply with any term or condition of these Terms, or accessed or used the Program beyond the scope of the rights granted or for a purpose not authorized under these Terms or in any manner that does not comply with any instruction or requirement of Viral Launch regarding the use of the Program, (c) Affiliate is, has been, or is likely to be involved in any fraudulent, misleading, or unlawful activities relating to or in connection with the Program, or (d) these Terms expire or are terminated. Notwithstanding the foregoing, nothing in this section shall limit any of Viral Launch’s other rights or remedies, whether at law, in equity, or under these Terms, and Viral Launch reserves all such other rights or remedies.
3.3.	As a member of the Program, Viral Launch shall provide Affiliate with access to the Affiliate Dashboard. The Affiliate Dashboard provides Program details, specific Affiliate code(s), and details of commissions earned and due.
4.	Intellectual Property Rights.

4.1	Subject to the limited rights expressly granted hereunder, Viral Launch reserves all rights, title and interest in and to the Program and Affiliate Dashboard, including all related intellectual property rights. No rights are granted to Affiliate hereunder other than as expressly set forth herein.

4.2	Affiliate shall not (a) modify, copy or create derivative works based on the Program and related materials, (b) frame or mirror any content forming part of the Program or Affiliate Dashboard, (c) reverse engineer the Program or Affiliate Dashboard, or (d) access the Program or Affiliate Dashboard in order to (i) build a competitive product or service, or (ii) copy any ideas, features, functions or graphics of the Program.

4.3	Affiliate hereby grants Viral Launch a non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide, perpetual license to (a) use, copy, perform, display, and distribute any and all data and information inputted into the Affiliate Dashboard or otherwise provided to Viral Launch in conjunction with the Program (“Affiliate Data”) and to create derivative works of Affiliate Data for the purpose of providing the Program, and (b) use, copy, display and to create derivative works of anonymized Affiliate Data, by itself or in combination with any other data for (i) the purposes of improving Program and for other development, diagnostic, corrective purposes and for deriving insights in connection with the Program and other Viral Launch offerings (including the right to share and distribute information and data to third parties for the purposes identified herein), and (ii) Viral Launch’s business purposes.

4.4	Viral Launch shall own all right, title and interest, including all intellectual property rights, in and to any improvements to the Program and Affiliate Dashboard or any new programs, upgrades, modifications or enhancements developed by Viral Launch or Affiliate in connection with rendering the Program to Affiliate, even when refinements and improvements result from Affiliate’s ideas or requests. To the extent, if any, that ownership in such refinements and improvements does not automatically vest in Viral Launch by virtue of these Terms or otherwise, Affiliate hereby transfers and assigns (and, if applicable, shall cause its affiliates to transfer and assign) to Viral Launch all rights, title, and interest which Affiliate or its affiliates may have in to such ideas, refinements, and improvements. Affiliate shall take any and all actions reasonably requested by Viral Launch in order to effectively transfer and assign such ownership to Viral Launch or to confirm such ownership to a third party.
5.	Termination. In addition to any other right of Viral Launch to terminate Affiliate’s participation in the Program or these Terms as provided for herein, Viral Launch shall have the right to terminate Affiliate’s participation in the Program for any reason or no reason, with or without notice. Affiliate shall have the right to terminate these Terms, for any reason or for no reason, by providing Viral Launch with at least thirty (30) days’ notice. Notwithstanding anything in these Terms to the contrary, Viral Launch shall have the right to terminate Affiliate’s participation in the Program immediately in the event of Affiliate’s breach or anticipated breach of any representation, warranty, covenant or requirement of Affiliate in these Terms. 
6.	Modification. Viral Launch may modify these Terms from time to time by notifying Affiliate via email of the changes to the Terms and presenting the Affiliate with an opportunity to agree to updated Terms. Notwithstanding the foregoing, Viral Launch may amend payment and commission procedures and any rules with respect to the Program, as such rules may be indicated in the Affiliate Dashboard or otherwise communicated to Affiliate and which such rules are fully incorporated herein and a part of these Terms, in Viral Launch’s sole and exclusive discretion, which such amendments may be made by Viral Launch at any time, for any reason, and such amendments shall be effective upon Viral Launch’s sharing of the amendment, whether or not Affiliate has agreed to such amendments. If any modification to these Terms is unacceptable to you, your only option is to cease your participation in the Program, which you may do at any time.
7. 	Payment. Viral Launch tracks referrals to Viral Launch by or through Affiliate, through Viral Launch’s internal tracking system. Any commissions due to Affiliate resulting from referrals to Viral Launch through Affiliate are made on the last day of each month for the most previous month’s commissions, if any (or, if any such payment date falls on a weekend, bank holiday or other holiday, the next business day thereafter). All payments are made through PayPal. Affiliate shall be exclusively responsible for inputting and maintaining Affiliate’s PayPal payment email address in the Affiliate Dashboard. Notwithstanding anything to the contrary herein, the commissions to be paid, if any, for referrals to Viral Launch shall be (a) determined by Viral Launch in its discretion and communicated to Affiliate though the Affiliate Dashboard, and (b) subject to change at Viral Launch’s sole discretion, except that any changes made to the commission structure shall be prospective and shall not affect any commissions earned by Affiliate prior to the amendment or change to the Program commission structure. Viral Launch shall have no liability to Affiliate for Affiliate’s inputting or providing Viral Launch with incorrect payment instructions or information, and in the event Viral Launch initiated payment to the wrong party as a result of Affiliate’s incorrect payment instructions or information, Viral Launch will not initiate a replacement payment. AFFILIATE IS SOLELY RESPONSIBLE FOR INPUTTING AND PROVIDING CORRECT PAYMENT INFORMATION, AND FOR ANY LOSS OR LIABILITY RESULTING FROM THE SUBMISSION OF INCORRECT INFORMATION.
8. 	Restrictions.
8.1. 	Promotion Restrictions, Requirements. Affiliate shall not use (a) advertising commonly referred to as "spamming", and (b) unsolicited electronic mail and other communications, which actions are unacceptable to Viral Launch, could cause damage to Viral Launch’s name and brand, and are prohibited. Affiliate shall have the right to use mailings and other forms of communication to Affiliate’s customers and contacts to promote Viral Launch, so long as (i) the recipient of any communication from Affiliate is a customer or subscriber of Affiliate’s services or web site at the time of such communication and each recipient has provided consent to such communication, and (ii) any recipient of any communication from Affiliate with respect to the Program has the option to opt out of receiving any additional communications from Affiliate with respect to the Program. Affiliate shall not post, and shall not and will not earn any commission from posting, any Affiliate link to any “coupon site” or “deal site”. The determination of whether any website is a “coupon site” or “deal site” shall be made by Viral Launch in its sole discretion.
8.2 	Paid Search Campaigns; Search Engine Marketing. Affiliate shall not bid on, purchase, secure or otherwise use any Viral Launch URL, variation of any Viral Launch URL, or any alternative spellings of any Viral Launch URL, except that Affiliate shall have the right to share the Affiliate link, as expressly provided for herein. With respect to any Affiliate paid media (a) paid search engine, search engine marketing, search engine advertising, or pay-per-click campaigns (collectively, “Internet Paid Media”), Affiliate shall include Viral Launch and all Viral Launch trademarks, trade names and all other Viral Launch intellectual property as a broad negative in any such Internet Paid Media keywords and searches, and (b) in addition to, and not in limitation of, the general requirement in the immediately preceding clause, the terms “Viral Launch”, “Viral Launch tools” and any Viral Launch URL shall not be displayed in any of the following: (i) keywords or key phrases; (ii) any portion of any keyword or key phrase; (iii) title, description or website link; or (iv) in the display of any URL (including as a subdomain of any Affiliate site (e.g., www.virallaunch.com.affilliatesite.com/)), except for the Affiliate link. Viral Launch shall, at all times, have the right to provide Affiliates with additional words and phrases that are subject to the restrictions and guidelines set forth in this paragraph.
8.3	Search Campaigns - Special Instructions for Search Marketing Publishers. Affiliate shall not (a) base Affiliate’s participation in the Program exclusively on search engine advertising (i.e., “keywords bidders”, “paid search affiliates”, etc. are prohibited). No Affiliate shall link web traffic from any search engine directly to any Viral Launch URL. Affiliate shall conduct all Affiliate activities with respect to the Program such that any reasonable Internet user shall be able to discern whether any particular URL is provided by Viral Launch or by Affiliate. Affiliate shall not use 302 hijacks, cloaking and other similar methods to link to any Viral Launch URL.
9. Disclaimer. THE PROGRAM IS PROVIDED “AS IS”. VIRAL LAUNCH SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, VIRAL LAUNCH MAKES NO WARRANTY OF ANY KIND THAT THE PROGRAM OR ACCOMPANYING DOCUMENTATION, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET AFFILIATE’S OR OTHER PERSONS’ REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEMS, OR OTHER SERVICE, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. ALL OPEN SOURCE COMPONENTS AND OTHER THIRD-PARTY MATERIALS ARE PROVIDED “AS IS”.
10. Representations and Warranties. Affiliate hereby represents and warrants to Viral Launch that: (a) these Terms have been duly and validly executed and delivered by Affiliate and constitutes Affiliate’s legal, valid, and binding obligation, enforceable against Affiliate in accordance with its terms, (b) Affiliate has the full right, power, and authority to enter into and be bound by the terms and conditions of these Terms and to perform Affiliate’s obligations hereunder, without the approval or consent of any other party, (c) Affiliate has sufficient right, title, and interest in and to the rights granted to Viral Launch hereunder, (d) Affiliate has obtained all consent necessary to communicate and distribute Affiliate links to Affiliate’s customers, clients, and other contacts in accordance with applicable law (including, but not limited to, necessary consent pursuant to the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003).
11. Limitations of Liability. IN NO EVENT SHALL VIRAL LAUNCH’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE COMMISSIONS ACTUALLY PAID BY VIRAL LAUNCH TO AFFILIATE HEREUNDER IN THE THREE (3) MONTHS PRECEDING THE FIRST INCIDENT GIVING RISE TO LIABILITY. THE FOREGOING LIMITATION SHALL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. IN NO EVENT SHALL VIRAL LAUNCH HAVE ANY LIABILITY TO AFFILIATE FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND OR NATURE HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO CLAIM MAY BE BROUGHT BY AFFILIATE UNDER THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF THE CLAIM.
12. Indemnification. Affiliate shall indemnify and hold harmless Viral Launch and its directors, officers, members, managers, employees, agents, shareholders, partners, members, and contractors, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that Viral Launch’s use of any information provided by Affiliate to Viral Launch infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any breach by Affiliate of any representation, warranty or covenant of these Terms, (iii) any claim related to Affiliate’s site/content, including, without limitation, content therein not attributable to us, (iv) any violation of applicable law by Affiliate, including, but not limited to, violations of the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003, and (v) any fraud or willful misconduct alleged or asserted against, or committed by, Affiliate with respect to the Program or otherwise.
13. Confidentiality. Neither Affiliate nor Viral Launch shall disclose or use any confidential information of the other party for any purpose outside the scope of these Terms, except with the disclosing party’s prior written consent. Notwithstanding the foregoing, the receiving party may disclose such confidential information to those of its employees and contractors who need to know such information for purposes of providing the Program and certifies that such employees and contractors have agreed, either as a condition of employment or in order to obtain the confidential information, to be bound by terms and conditions substantially similar to those in these Terms. The receiving party shall use the same degree of care to protect the confidential information as it uses to protect its own information of a confidential and proprietary nature, but in no event shall it use less than a reasonable degree of care.
14. Miscellaneous.
14.1.	Nothing in these Terms shall be construed as creating any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Affiliate and Viral Launch. Affiliate shall have no authority to make or accept any offers or representations on Viral Launch’s behalf. 
14.2.	Neither party may assign its rights or obligations under these Terms to any party, except that either party shall have the right to assign these Terms to a party that obtains all or substantially all of the business or assets of such party.
14.3.	These Terms shall be governed by and interpreted in accordance with the laws of the State of Indiana without regard to the conflicts of laws and principles thereof.
14.4.	No waiver or amendment of or to these Terms shall be effective unless agreed to in writing by both parties. 
14.5.	These Terms represent the entire agreement between Affiliate and Viral Launch with respect to the Program, and shall supersede all prior agreements and communications of the parties, oral or written.
14.6.	The headings and titles contained in these Terms are included for convenience only, and shall not limit or otherwise affect the terms of these Terms.
14.7.	If any provision of these Terms is held to be invalid or unenforceable, such provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of these Terms shall have full force and effect.
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Affiliate Plans

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