Affiliate Terms of Service

eNotes Affiliate Program Terms of Service

The following agreement ("Agreement") is between Enotes.com Inc. ("Company") and the affiliate ("Affiliate") participating in the eNotes Affiliate Program ("Program"). By joining the Program, Affiliate agrees to the terms and conditions set forth in this Agreement. If you do not agree to these terms, you are not permitted to participate in the Program.

1. Enrollment in the Program

To participate in the Program, Affiliate must complete an application and receive approval from the Company. The Company reserves the right to approve or reject any application at its sole discretion. An application may be rejected for any reason, including but not limited to non-compliance with the terms of this Agreement, violation of applicable laws, or engagement in activities inconsistent with the Company’s brand and mission.

2. Affiliate Responsibilities

Affiliate agrees to:

  • Promote eNotes products and services using ethical marketing practices.
  • Refrain from making false or misleading statements about the Company or its products.
  • Ensure that any content promoting eNotes is in compliance with applicable laws and regulations.
  • Not use spam, misleading links, or any unauthorized advertising methods.
  • Clearly disclose their affiliate relationship with eNotes in accordance with FTC guidelines.

3. Commissions and Payment

Affiliate will earn a commission for each qualifying purchase made through their unique affiliate link. The commission structure and payment schedule are as follows:

  • Commissions are paid based on a percentage of the total sale amount as outlined in the Affiliate dashboard.
  • Commissions are payable on a monthly basis, provided the Affiliate has met the minimum payout threshold.
  • Payments will be made via PayPal, direct deposit, or other designated payment methods.
  • Affiliate is responsible for any taxes associated with earnings from the Program.

4. Prohibited Activities

Affiliate agrees not to:

  • Engage in any form of deceptive, fraudulent, or unethical behavior.
  • Use paid search advertising on branded keywords related to eNotes.
  • Promote eNotes on websites that contain illegal or offensive content.
  • Modify or alter eNotes marketing materials without prior approval.
  • Use cookie stuffing, pop-ups, or any other deceptive means to generate commissions.

5. Term and Termination

This Agreement remains in effect until terminated by either party. The Company reserves the right to terminate this Agreement at any time, with or without cause. Reasons for termination include, but are not limited to:

  • Violation of this Agreement.
  • Engagement in fraudulent or deceptive marketing practices.
  • Failure to generate sales or engagement over a prolonged period.

Upon termination, Affiliate will forfeit any unpaid commissions if found in violation of the Agreement.

6. Intellectual Property

Affiliate is granted a limited, non-exclusive, revocable license to use eNotes trademarks, logos, and promotional materials solely for the purpose of participating in the Program. All intellectual property rights remain with the Company, and Affiliate may not modify or misuse any Company branding.

7. Limitation of Liability

THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE PROGRAM. THE COMPANY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM AFFILIATE PARTICIPATION IN THE PROGRAM.

8. Indemnification

Affiliate agrees to indemnify and hold the Company harmless from any claims, liabilities, damages, or expenses arising from Affiliate’s participation in the Program, including but not limited to violations of applicable laws, infringement of intellectual property rights, or misleading advertising practices.

9. Independent Contractor Relationship

Affiliate is an independent contractor and is not an employee, partner, or agent of the Company. Nothing in this Agreement shall be construed to create any employment or partnership relationship.

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to conflict of law principles. Any disputes arising out of this Agreement shall be resolved in the courts of King County, Washington.

11. Amendments

The Company reserves the right to update or modify this Agreement at any time. Affiliates will be notified of any significant changes, and continued participation in the Program constitutes acceptance of the modified terms.

12. Contact Information

For questions regarding this Agreement or the Affiliate Program, please contact us at affiliates@enotes.com.