Affiliate Program Terms and Conditions
Please read this Affiliate Program Agreement (“Agreement”) carefully before submitting your application to participate in the TELESTREAM’s Affiliate Program (“Program”). If you do not accept all of the terms and conditions of the Agreement, do not submit an Application. By submitting the Application, you are conclusively deemed to have accepted and agreed to be bound by this Agreement. As used in this Agreement, “we” “us” and “TELESTREAM” means TELESTREAM, LLC and “Affiliate” “you” and “your” means the applicant submitting the Application and participating in the Program.
Telestream’s Affiliate Program is managed by Avangate BV (“Avangate”) and this Agreement shall be effective upon 1) Avangate’s Affiliate Network acceptance of your application sign-up request and 2) linking and/or participation in the Program.
Linking and Participation in the TELESTREAM Affiliate Program
To link to and participate in the Program, you must be registered as an affiliate with TELESTREAM. Your company may be headquartered anywhere in the world, but shall sell TELESTREAM products within the regions that TELESTREAM sells to in order to receive your affiliate commission. Your registration request may be rejected for any reason at TELESTREAM’s discretion. Your request will be rejected if it is determined that your website includes anything that is unlawful, harmful, threatening, defamatory, obscene, harassing, discriminatory, or otherwise objectionable. For domain names associated with your site that are registered privately, the domain of your username/email address must match the URL submitted with your application.
Affiliate Marketing Activities
All images, product names and numbers, trade names, trademarks, slogans, and/or designs depicted in any marketing collateral or links made available to you under this Program are the proprietary property of TELESTREAM. Affiliates shall use TELESTREAM materials only as specified herein and shall not misappropriate, alter, or modify materials provided.
TELESTREAM Trademarks and PPC Bidding Policy
Affiliates may bid on manufacturer-specific terms (please note that some manufacturers have blocked the use of their terms without prior permission).
Affiliates are not permitted to use TELESTREAM trademarks in the URL to the right of the domain in the display URL, e.g. www.yoursite.com/Telestream, www.yoursites.com/ScreenFlow, www.yoursite.com/Flowtility, www.yoursite.com/Wirecast, www.yoursite.com/Switch, www.yoursite.com/Flip4Mac. Affiliates must not use any of the following URLs, (or others we may communicate to you from time to time), including misspellings and variations, in the display URL at any PPC search engine or various “content network” sections: www.Telestream.net/productname. See direct linking policy below for additional information.
Affiliates must not include “Official Site” or represent that your advertisement is sponsored or endorsed by TELESTREAM in anyway. Affiliates must not bid on TELESTREAM’s trademarked terms + “term”, e.g. “TELESTREAM coupons,” “TELESTREAM coupon codes,” etc. Affiliates must not bid on the TELESTREAM trademarks shown below (or others we may communicate to you from time to time), including misspellings and variations on any search engine.
Affiliates are not permitted to use any data feed files, including network data feeds and shopping network data feeds, in PLAs with any of the search engines. Use of PLAs is not allowed by Affiliates under any circumstances. Toolbars may only become installed on a users’ computers via that users’ specific affirmative request, not via bundles with other software.
Toolbars and Software Policy
Affiliates wishing to direct traffic from a toolbar must include the name(s) of all toolbars to be used, the methods of distribution of such toolbars, and the principal functions of such toolbars. Affiliate must promptly notify TELESTREAM in writing of material changes to its Toolbar use.
Toolbars may set cookies only upon a user’s specific contemporaneous request. Cookies may not be automatically dropped. A toolbar must never overwrite an existing Affiliate cookie, even with user consent or request. A toolbar must never invoke an Affiliate link after the user clicks any paid advertising promoting TELESTREAM (including paid search or banner advertising). An affiliate may not use, or receive traffic from, any toolbar operated by any third party.
TELESTREAM reserves the right to require that Affiliate remove TELESTREAM from any toolbar upon request for any reason. Violation of these terms will result in immediate removal of Affiliate from the Program, at our discretion, and may also entail forfeiture of any amounts purportedly previously earned.
Affiliates are not allowed to resell, auction, mask, or manipulate the pricing of any TELESTREAM product. All orders must be fulfilled by the customer on a TELESTREAM-owned website. Affiliates are not allowed to take and fulfill TELESTREAM customer orders or reorders. TELESTREAM’s customer information is considered Confidential and the Affiliate’s obtaining or databasing any such information is a violation of these Program terms and will result in immediate removal of the Affiliate from the Program.TELESTREAM reserves the right to void and reverse commission payouts for any Program order resulting from fraudulent activity, in its sole discretion. Other voided orders and commission payout reversals can result from orders being canceled by the customer, credit card declines, or any other situation that situation that may result with than order not being billed and shipped.
Coupon and Promotion Code Policy
Affiliates are only allowed to use coupon codes that have been created specifically for them. Affiliates may not use affiliate coupons assigned to other affiliates (coupon poaching). Affiliates may not encourage customer to select a link by using expired, unauthorized or other affiliate coupon codes. If affiliate participates in unauthorized coupon use, affiliate may be immediately terminated from the Program.
Affiliates may participate in promotions provided within the Program. All promotional codes must be removed from the affiliate site the day after the promotion period ends. Affiliates who are found to have posted or reposted expired promotional codes, may be immediately terminated from the Program.A violation of the Coupon and Promotional Code Policy terms may result in commission reduction to 0%. In addition, past commissions earned up to 30 prior to the termination may be reversed.
Direct Linking Policy
Direct to Merchant bidding is not permitted on any Search Engines including Google, Yahoo, and MSN. Affiliates may not use our URL in the display URL on any PPC advertisement. Domain misspellings are not allowed in the display URL on any advertisement. Affiliates bidding on TELESTREAM trademarks may not bid on the term “TELESTREAM.net.” The landing page must be entirely dedicated to TELESTREAM Affiliate Program and must not have “other offer” type marketing verbiage showing competitor offers.
Geo-Targeting and Day Parting
Geo-targeting and day parting is allowed on all search engines provided all policies regarding display URL, competitor terms, and trademarks are followed. Using geo-targeting and day parting to avoid enforcement of TELESTREAM’s PPC policy is strictly prohibited and constitutes grounds for immediate removal from our Affiliate Program and reversal of commissions up to 30 days prior to the date of the violation. TELESTREAM reserves the right to immediately remove affiliates from our Program for violations of this section, have all commissions reversed up to 30 days prior to the violation date, and report the affiliate to the Affiliate Network for investigation.
Ad Copy Restrictions
Affiliates are required to be truthful about any advertisement representing TELESTREAM including rebate, coupon, and sales offers. Affiliate’s advertising offers and sites must not be shown or construed as an official TELESTREAM endorsed advertisement or site.
Additional Exclusions, Penalties, and Notifications
TELESTREAM reserves the right to enforce this PPC policy for individual affiliates at our sole discretion. A violation of these terms may result in commission reduction to 0% unless we receive and accept a response from you that you will correct your behavior consistent with this agreement or may result in immediate termination of the affiliate relationship and may be cause for reversal of past commissions earned up to 30 days. Affiliates found in breach of this Agreement regarding competitor terms will be immediately removed from the program and have all commissions reversed up to 30 days.
From time to time, TELESTREAM may review its PPC policy and this Agreement and implement changes consistent with the way search engines operate or for other modifications in our sole discretion. Any material changes will be announced via the TELESTREAM Affiliate Program’s newsletters, group email, or other such communication. Affiliates will have seven business days to comply with Program changes.
Violations of TELESTREAM’s PPC policy or this Agreement may be reported to Affiliate@Telestream.net. Please have all applicable proof in your email including but not limited to screen shots of the ad, geographical location of the ad, URL/Network tracking information, and the search engine where the ad was found.
All Online Advertising (sponsored links)
Your paid ads must not link directly to TELESTREAM’s website, even through an Avangate link. All paid search ads must take visitors to your site, not TELESTREAM’s.
Online Advertising (organic links)
Affiliates that use TELESTREAM trademark images or terms in any organic search link must use the terms in a manner that is not confusing, misleading, does not dilute or disparage our trademarks, and is in keeping with generally recognized and accepted practices of fair use under U.S. Trademark Law.
Affiliates shall not send any emails, directly or indirectly, that advertises or promotes TELESTREAM, its products, services, websites, or offers without TELESTREAM’s prior express written consent. If consent is provided, Affiliate must include TELESTREAM on its email distribution list at the following address: email@example.com.
Affiliate shall not send any unsolicited commercial e-mail or other unsolicited online communications. Affiliate herby represents that it will comply with all laws, rules, regulations and ordinances relating to the sending of commercial emails, including, but not limited to, the federal CAN-SPAM Act of 2003.
In addition, Affiliate shall not generate or send any material advertising or promoting any TELESTREAM products or services via facsimile or engage in any telemarketing activities with respect to TELESTREAM’s products or services.In any marketing activities where a reference is made to TELESTREAM or to any of TELESTREAM’s trademarks, Affiliate must identify itself as an affiliate by using the terms “affiliate” or “aff.”
Except as otherwise set forth in this Agreement, Affiliate shall not use TELESTREAM’s name, trademarks, service marks, or any derivations or variations thereof in any manner, including without limitation, (a) in metatags, (b) in hidden text or source code, or (c) in Affiliate’s domain name or any other part of Affiliate’s universal record locator (URL).
Except as expressly authorized by this agreement, Affiliate shall not use any of TELESTREAM’s trademarked terms, either alone or in conjunction with or as part of any other word or name, in any advertisement, publicity or promotion on Affiliate’s behalf, to express or imply any endorsement by TELESTREAM or any services provided by Affiliate, or in any other manner whatsoever.Affiliates found in violation of this section are subject to punitive actions by us, without further notice. Such actions include but are not limited to suspension or termination of Affiliate account, withholding of payments to Affiliate; and publication (at our discretion) of Affiliate's activities.
Links and Images
TELESTREAM shall make available to Affiliates, via Avangate’s Affiliate Network website, a variety of graphic and textual images (the “Images”) that serve to identify your site as a member of the Program and that will establish “Links” from any and all websites you own, operate, or control (“your site”) to www.telestream.net (“our site”). You may, subject to the terms and conditions herein, display Links as often and in as many areas on your site as you desire. You shall cooperate fully with TELESTREAM in establishing and maintaining Links. You may display in your site only those images provided to you by TELESTREAM, which may be replaced from time to time in our sole discretion.Upon request, you shall remove any Image from your site and replace it with a new Image provided by TELESTREAM or Avangate. Banner ad link codes cannot at any time be modified by you, as doing so will not allow proper reporting of traffic sent through such banner link code. You agree that each Link connecting users of your site to our site will in no way alter the look, feel, or functionality of our site. TELESTREAM Affiliate Manager and/or Avangate may monitor your site at any time to determine if you are in compliance with these terms.
1. Place Links on your site within 30 days of your acceptance into the Program.
2. Actively participate in the Program by accessing and using promotional Links via the Avangate Affiliate Network site.
3. You agree to be solely responsible for all costs and expenses you may incur in connection with your participation in the Program and/or your performance under this Agreement including:
- The development, operation and maintenance of your site
- All materials that appear on your site and the accuracy and appropriateness of such materials
- Ensuring that any such materials do not violate or infringe upon the rights of any third party, including, but not limited to, copyrights, trademarks, privacy, or other personal or proprietary rights, are not libelous, defamatory, misleading, false or deceptive or otherwise illegal
- Ensuring that your site and your business practices do not violate this Agreement
4. You agree to keep your application with the Avangate Affiliate Network updated with current and accurate information (including WHOIS information) and, at all times, list the web sites you are using to drive traffic to us. For domain names associated with your site that are registered privately, the domain of your username/email address must match the URL submitted with your application.
5. You agree not to make any representations, either express or implied, or create an appearance or impression, directly or indirectly, that a visitor to your site is visiting our site, that a visitor to our site is visiting your site, or that TELESTREAM endorses you or your site or your products and services (for example, you are agreeing not to ”frame” any pages or portions of our site).
6. TELESTREAM is not obligated to make any representations, warranties, or other statements concerning you, your site, your site policies, or any of your products or services.
Affiliate Code of Conduct
Affiliates must not partake in any of the following activities:
1. Spy Ware: You agree not to participate in spy ware, ad ware, or parasite ware techniques for driving traffic. We reserve the right to research and investigate affiliates and their activities and, at our own discretion, determine whether or not these practices are in place. Affiliates found in violation of this policy will be immediately terminated from the Affiliate Program with any unpaid commissions forfeited.
2. Attempt to modify or alter our site in any way.
3. Engage in any direct or indirect relationships with ISPs and/or mobile carriers that result in address bar keyword and URL error trafficking (e.g., a user mistypes a web address in the ISP’s address bar or search bar and is redirected to a web page that contains a link that directs the user to, e.g. our site).
4. Employ the use of any type of software download or technology which attempts to intercept or redirect traffic or referral fees to or from any website;
5. Employ, use, or receive any direct or indirect benefit from any “cookie stuffing” methods (e.g., use of “cookie stuffing” to cause affiliate tracking systems to conclude that a user has clicked through a commissionable link and to pay commissions accordingly, even if the user has not actually clicked through any such link).
6. Display any material on a website containing a link to our site which contains viruses, Trojan horses, worms, time bombs, cancel bots, or other similar harmful or deleterious programming routines.
7. Without our prior written approval, use any widgets on your website that include any of our trademarks, TELESTREAM materials, or directly or indirectly send traffic to one of our sites.
8. Publish, link to, sell, otherwise distribute, or place a commissionable link on the same page or in close proximity to any objectionable content, i.e. any material which, in our sole discretion, is offensive, e.g., hate speech, promotes violence or defames a particular group of people, contains nudity, explicit violence, or depictions thereof or promotes alcohol, tobacco, or gambling/lottery.
Except for the material made available to you by Avangate or TELESTREAM for your participation in the Program, you shall not create, publish, distribute, or permit any material that makes reference to TELESTREAM without first obtaining our explicit written consent which may be granted or withheld at our sole discretion.
Policies and Pricing
Customers who buy TELESTREAM’s products and services through the Program are deemed to be customers of TELESTREAM. As such, all of TELESTREAM’s policies and operating procedures concerning customer orders, customer service, and product and service sales shall apply. TELESTREAM shall own and retain all right, title and interest in all names, addresses, and other identifying information of customers visiting Our Site ("Customer Data") which is collected by TELESTREAM, including without limitation, customers who access Our Site from Your Site, and Affiliate shall have no right to use any such Customer Data.
You may not include price information in your product descriptions without our explicit consent. You shall refer all questions, requests and queries regarding our products and services to us.
Affiliate does not have the authority to make or accept any offer on TELESTREAM’s behalf.TELESTREAM reserves the right to withhold Affiliate commissions and/or terminate this Agreement for Affiliates found to be in violation of this policy.
Avangate Affiliate Network handles and is solely responsible for any and all commission payments. TELESTREAM is neither responsible nor liable for any type of commission payments to you. Please visit http://www.avangate.com/help/affiliates-faq.php#bottom_4 for more information regarding commission payments.
Licenses and Use of Logos and Trademarks
1. TELESTREAM grants you a limited, non-exclusive, non-transferable, revocable right to (i) access our site through the Links solely in accordance with, and for the contemplated purpose of, this Agreement, and (ii) to use the branded trademarked terms shown below (only in the form(s) that they appear on the TELESTREAM Affiliate Program web pages) solely in connection with such Links, (collectively, the "Licensed Materials"), for the sole purpose of promoting TELESTREAM’s products and services on your site. You may not copy, distribute, alter, modify, reverse engineer, or create derivative works from the Licensed Materials. TELESTREAM may revoke your license at any time by giving you notice. Any goodwill arising out of your use of the Licensed Materials shall inure to the benefit of TELESTREAM only.
2. You shall not make any specific use of any Licensed Materials for purposes other than promoting TELESTREAM’s products and services on your site. You agree not to use the Licensed Materials in a manner that is misleading or deceptive or that disparages the Program, TELESTREAM or its affiliates or any of its or their products or services, or that otherwise portrays TELESTREAM, in its sole discretion, in a negative light. TELESTREAM reserves all rights in the Licensed Materials. At no time during the Term or thereafter will you challenge, or assist others in challenging the validity of the Licensed Materials or the registration thereof or attempt to register any confusingly similar trademarks, service marks, logos, trade names, or domain names. Except for the limited license set forth above, no license or other rights to the Licensed Materials will be deemed granted to you hereunder or in connection with the Program, by implication, estoppel or otherwise.
3. You agree that any breach by you of your obligations regarding Licensed Materials during the term or thereafter may result in irreparable injury to TELESTREAM for which there may be no adequate remedy at law. Therefore, in the event of any breach or threatened breach of such obligations of yours, TELESTREAM will be entitled to seek equitable relief in addition to its other available legal remedies in a court of competent jurisdiction
4. You grant to TELESTREAM a non-exclusive license to use your names, titles, logos, and trademarks (the "Affiliate Trademarks"), to advertise, market, promote, and publicize in any manner your participation in the Program and/or to further TELESTREAM’s rights hereunder. Notwithstanding, we are not obligated to advertise, market, promote, or publicize your participation in our Program or the existence of, or any other aspect of the Program.
5. The licenses granted hereunder shall run concurrently with the term of this Agreement.
This Agreement shall apply and be effective as of the date your Avangate merchant link sign-up request is accepted and shall remain in effect for as long as you continue to participate in the Program, or maintain Links to our site on your site. Either of us may terminate this Agreement at any time, with or without cause, by giving the other party notice of such termination. No commissions shall accrue or be earned by you after the Term.
Affiliate is only eligible to earn commissions on sales occurring during the term of this Agreement, and fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. TELESTREAM may withhold Affiliate’s final payment for a reasonable time to ensure that the correct amount is paid. If TELESTREAM has reason to believe Affiliate’s orders/referrals were obtained fraudulently or through misrepresentation, TELESTREAM shall have the right to withhold payment of commissions pending an investigation of the suspected fraud or misrepresentation.Upon termination of this Agreement, (a) all licenses hereunder shall terminate and (b) you shall immediately remove all Licensed Materials from Your Site and cease using TELESTREAM’s name, logos, trademarks, service marks, trade dress, and/or proprietary technology.
TELESTREAM may modify this Agreement or the Program terms at any time in its sole discretion. You will be notified of any replacement of or changes to this Affiliate Program Agreement - Terms and Conditions via e-mail by a change notice. If you no longer wish to be bound by the Program terms, as modified, you must immediately discontinue your participation in the Program and notify us accordingly. Your continued participation in the Program following any notice of change to this Agreement or the Program terms shall constitute your binding acceptance of the same as replaced or modified.
AFFILATE UNDERSTANDS THAT TELESTREAM MAY AT ANY TIME, DIRECTLY OR INDIRECTLY, SOLICIT CUSTOMER REFERRALS AND ENTER INTO SIMILAR AGREEMENTS ON TERMS THAT MAY BE THE SAME, SIMILAR OR DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR ENTER INTO AN AGREEMENT WITH COMPETITORS OF AFFILIATE, OR MAY OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH AFFILIATE’S WEB SITE. AFFILIATE HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE TRANSACTIONS CONTEMPLATED HEREUNDER AND IT IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SPECIFICALLY SET FORTH IN THIS AGREEMENT.
Relationship of Parties
You and TELESTREAM are independent contractors and nothing in this Agreement shall be construed to create any partnership, joint venture, agency, franchise, sales representative, or employment relationship. You have no authority to make or accept any offers or representations on behalf of TELESTREAM. You may not make any statement, whether on your site or otherwise, that contradicts anything contained in this section.
Representations and Warranties
Each party represents to the other that it has the authority to enter into this Agreement and sufficient rights to grant any licenses granted hereby.
Affiliate represents that the contents of Your Site and any domain names associated with Your Site do not (a) infringe on any third party's copyright, patent, trademark, trade secret, or other proprietary rights or right of publicity or privacy; (b) violate any applicable law, statute, ordinance or regulation; (c) contain defamatory or libelous material; (d) contain lewd, pornographic, or obscene material; (e) violate any laws regarding unfair competition, anti-discrimination, or false advertising; (f) promote violence or contain hate speech; or (g) contain viruses, Trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines.
EXCEPT FOR THE ABOVE REPRESENTATIONS NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES TO THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Except as otherwise provided herein or with the consent of the other party, each party agrees that all information including, without limitation, business and financial information, customer and vendor lists, and pricing and sales information, concerning TELESTREAM or you, or any other affiliate, provided by or on behalf of any of them shall remain strictly confidential and shall not be used, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates.
Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) to any person pursuant to a subpoena issued by any court or administrative agency, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process.
Limitation of Liability
TELESTREAM makes no express or implied warranties or representations with respect to the Program, our site or any TELESTREAM products or services sold through the Program, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, or any implied warranties arising out of course of performance, dealing, or trade usage. TELESTREAM makes no representation that the operation of our site will be uninterrupted or error-free and we shall not be liable for the consequences of any such interruptions or errors.
TELESTREAM SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT, THE PROGRAM OR YOUR PARTICIPATION IN THE PROGRAM, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY AVAILABLE WITH RESPECT TO THIS AGREEMENT AND/OR THE PROGRAM OR ANY BREACH BY TELESTREAM HEREOF SHALL BE TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM.
Affiliate agrees to indemnify, defend, and hold harmless TELESTREAM and its affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries, or expenses (including reasonable attorneys' fees) brought by a third party, arising out of a breach, or alleged breach of any of its representations or obligations herein.
All disputes between the parties shall be fully and finally adjudicated in the Courts of the State of California, County of Nevada. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of California, without regard to its conflict of laws rules.
The Affiliate agrees to cooperate with us in the development of testimonies and other such marketing material. The Affiliate grants us unlimited rights to reference the Affiliate in any and all marketing materials, without further compensation.
All notices from you to us, required under this Agreement shall be sent via United States mail, postage prepaid, addressed as follows:
848 Gold Flat Road
Nevada City, CA 95959
Attn: Telestream Affiliate Program Manager
Notices from us to you may be sent via United States mail, postage prepaid, or e-mail using the contact information on file held by TELESTREAM or Avangate.
This Agreement constitutes the final and complete agreement between you and TELESTREAM regarding the Program and supersedes all prior and contemporaneous, understandings, agreements and communications, written or oral, with respect to the subject matter hereof. Any amendments to this agreement are valid and enforceable by TELESTREAM.
Acknowledgement and Acceptance
By participating in the Telestream Affiliate program you have acknowledged that you have read and accepted the terms, conditions and disclosers associated with the TELESTREAM Affiliate Program Agreement - Terms and Conditions.