PLEASE READ THIS AFFILIATE PROGRAM AGREEMENT CAREFULLY.
General Information
We are pleased to offer an affiliate program that currently allows our partners to earn a 30% share of each referred Screener.co customer’s net monthly subscription payment (after deducting currency exchange, payment processing, and any other fees that are assessed by our payment processor) for 12 calendar months beginning with the referred customer's first payment–subject to the terms below.
If you are interested in participating in the program, after reading the terms below, then reach out to Lenny Grover at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Sincerely,
Lenny Grover
Founder/CEO
FinToolbox/Screener.co
AFFILIATE AGREEMENT
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
This is a legal agreement between you and New Media Properties LLC (DBA FinToolbox).
BY SUBMITTING THE ONLINE AFFILIATE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
1. Overview
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Screener.co's Affiliate Program. The purpose of this Agreement is to allow linking between your web site and the Screener.co web site. Please note that throughout this Agreement, "we," "us," and "our" refer to Screener.co, and "you," "your," and "yours" refer to the affiliate.
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit the online application to join our affiliate program. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site or promotion method is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes "Screener", “Screener.co” or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Screener.co or any other affiliated business.
2.1.10. You may not place paid search advertisements (including but not limited to PPC Google Ads or Bing Ads) that contain “Screener”, “Screener.co”, or any other identifying mark of our service in the targeted keyword, ad text, or destination URL.
2.1.11. You may not promote Screener.co via unsolicited emails, even if such emails are CAN-SPAM compliant. All recipients of emails containing affiliate links to Screener.co must have previously opted-in to receive communications from You.
2.1.12. You may not load affiliate link(s) in a frame, interstitial, or pop up window, or use any other promotion technique that is generally regarded in the affiliate marketing industry as fraudulent.
2.1.13. You may not promote Screener.co in a manner materially different from what is represented to us when you submit your affiliate application, without first notifying us of your change in strategy.
2.1.14. You may not misrepresent the Screener.co service, or make any false representations about investing performance obtained by using Screener.co.
2.2. As a member of Screener.co's Affiliate Program, you will have access to our affiliate management software. Here you will be able to review our Program’s details and obtain tracking link(s) that enables us to track your referrals. In order for us to accurately keep track of all guest visits from your site to ours, you must link to us using the link(s) that we provide.
2.3. Screener.co reserves the right, at any time, to review your placement and approve the use of your links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.
2.6. Prior to receiving your first affiliate payment, you must submit a completed W-9 form, if you are a U.S. citizen, resident, or represent a U.S. entity, or a completed W-8BEN form, if you are an individual or entity that is not subject to U.S. taxation.
3. Screener.co Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Screener.co Affiliate Program.
3.2. Screener.co reserves the right to terminate this Agreement and your participation in the Screener.co Affiliate Program immediately and without notice to you should you commit fraud in your use of the Screener.co Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Screener.co shall not be liable to you for any commissions for such fraudulent sales.
3.3. Screener.co reserves the right to promote additional products and services, including third-party products and services, to prospects that were initially referred to us by a Screener.co affiliate. No payment or commission shall be payable to an affiliate for any other product or service purchased by a previously referred Screener.co prospect. Only Personal or Professional subscriptions to the Screener.co equity research platform are commissionable.
3.4. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
4. Termination
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party 7 days written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
Upon termination, no additional payments will be accrued or due, including for previously referred accounts that are within their first 12 months of paid access to Screener.co.
5. Modification
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Screener.co's Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Screener.co's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
6. Payment
6.1. Screener.co uses third party affiliate tracking software to handle all of the tracking and payment. Your participation in our program is also subject to the terms of our affiliate tracking software vendor.
6.2. New Media Properties LLC will remit payment to you, in the amount of 30% of the net monthly subscription payment (after deducting currency exchange, payment processing, and any other fees that are assessed by our payment processor), for 12 calendar months beginning with the referred customer's first payment. Affiliate payments will be aggregated and issued on a Net-30-end-of-month basis, based on the date in which each customer’s subscription payment is received.
6.3. In the event that a refund or partial refund of a subscription payment is issued to a customer you refer, for which you have received payment or had your affiliate account credited, you will be responsible for repaying 30% of the net amount refunded. If a referred customer initiates a chargeback, $30 will be charged to you irrespective of whether the chargeback results in any refund to the customer. The $30 chargeback fee will be assessed in addition to the repayment required for any refund issued in response to the customer’s chargeback.
7. Promotion Restrictions
7.1. You are free to promote your own web sites, but naturally any promotion that mentions Screener.co could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Screener.co. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Screener.co so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Screener.co so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Screener.co. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Screener.co Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
7.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as Screener.co, Screener, www.screener, www.screener.co, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Screener.co’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
7.3. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Merchant’s site (i.e., no page from our site or any Merchant.com’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, 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 search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Merchant site in IFrames, hidden links and automatic pop ups that open Merchant.com’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
8. Grant of Licenses
8.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Merchant.com's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Screener.co and the good will associated therewith will inure to the sole benefit of Screener.co.
8.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
9. Disclaimer
SCREENER.CO MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING MERCHANT.COM SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF MERCHANT.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. 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.
10. Representations and Warranties
You represent and warrant that:
10.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
10.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
10.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
11. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL MERCHANT.COM'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
12. Indemnification
You hereby agree to indemnify and hold harmless Screener.co, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, 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 our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
13. Confidentiality
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
14. Miscellaneous
14.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Screener.co. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
14.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
14.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Massachusetts without regard to the conflicts of laws and principles thereof.
14.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
14.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
14.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
14.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
