Affiliate Program Terms of Use

Our referral sources are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration from you. The following agreement protects our good name while giving you the opportunity to profit from your internet traffic. If you have any questions, please don't hesitate to let us know. We are strong believers in straightforward and honest communication. For the quickest results, please email us at affiliate@macpaw.com. 

RESTRICTIONS AND PROHIBITIONS The following conduct will either result in our denial of your application to be in our Affiliate Program or will result in termination if you are already in the Affiliate Program.

1. Do not apply if your website currently promotes or may in the future contain sexually explicit materials, violence, discrimination, and/or is otherwise used for illegal activities. 
2. We do not approve Affiliate agreements with distributors of toolbars, browser helper objects, shopping assistance applications, etc.
3. You must comply with FTC's Endorsement Guidelines, which means that you must have a reasonable basis for any endorsements and product reviews that you publish. We do not tolerate unfounded critical comparative reviews and any form of disparagement of our competitors products.
4. Fraud.
5. Spamming.
6. Paid search campaigns in Google Adwords.
7. Paid search campaigns containing our trademarks in other systems.
8. Cybersquatting and typosquatting.
9. Coupon usage is restricted. Please see paragraph 9 of the Agreement for details.

PLEASE READ THE ENTIRE AGREEMENT. YOU MAY PRINT THIS PAGE FOR YOUR RECORDS. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MACPAW WAY LTD, OR OUR AFFILIATES. BY SUBMITTING THE ONLINE 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 (along with the Mandatory features of an affiliate piece of content which is an integral part hereof) contains the complete terms and conditions that apply to you becoming an affiliate ("Affiliate") in MacPaw's Affiliate Program. The purpose of this Agreement is to allow HTML linking between your website and the MacPaw website. Please note that throughout this Agreement, "we," "us," and "our" refer to MacPaw, or its affiliates and "you," "your," and "yours" refer to you as the Affiliate.

Our referral sources are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration from you. This Agreement protects our good name while giving you the opportunity to profit from your internet traffic. If you have any questions, please don't hesitate to let us know. We are strong believers in straightforward and honest communication. For the quickest results, please email us at affiliates@macpaw.com.

1. Affiliate Obligations

2.1. To begin the enrollment process, you will complete and submit the online application at the Impact.com server. All applications are checked and approved manually. We try to do it the day application is sent.

We may reject your application at our sole discretion (or terminate if you are already in the Affiliate Program) and will do so if you or your site:

2.1.1. promote or display sexually explicit materials, violence, discrimination, and/or is otherwise used for illegal activities;

2.1.2. promote or display violence;

2.1.3. promote or display content that incites hatred against, promotes discrimination of, or disparages an individual or group on the basis of their race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, skin tone, or other characteristic that is associated with systemic discrimination or marginalization.;

2.1.4. incorporate any materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law;

2.1.5. include "MacPaw" or variations or misspellings thereof in any domain name that you use or control;

2.1.6. promote or engage in fraud.

2.1.7. promote or engage in spamming.

2.1.8. promote or engage in cybersquatting and typosquatting.2.1.11. engage in paid search campaigns in Google Adwords.

2.1.9. engage in paid search campaigns containing our trademarks in other systems.

2.1.10. engage in coupon usage (Please see paragraph 8 of the Agreement for details).

2.1.11. engage in distribution of toolbars, browser helper objects, shopping assistance applications, etc. ;

2.1.12. use software downloads that potentially enable diversions of commission from other members of our Affiliate Program;

2.1.13. use and/or translate text and/or articles from MacPaw’s blog macpaw.com/blog;

2.1.14. create or design your website or any other website that you operate or control explicitly or implicitly in a manner that resembles our website or design your website in a manner that leads customers to believe you are MacPaw or any of our other affiliated businesses;

2.1.15. otherwise in any way promote or engage in unlawful, harmful, threatening, defamatory, libelous, obscene, harassing, or fraudulent conduct, or other conduct which may be racial, ethnically, or otherwise objectionable to us in our sole discretion.

2.2. As a member of MacPaw's Affiliate Program, you will have access to Account Manager. Here you will be able to review our Program's details, download text and banner creative material, browse and get tracking codes for our deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other Affiliate links we provide you with.

2.3. The maintenance and updating of your website is your responsibility.

2.4. 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. You agree to indemnify and hold us harmless from any liability or costs for any claims arising out of your acts or alleged acts which allege copyright infringement by you.

2.5. As a member of our Affiliate Program you must be compliant with the Federal Trade Commission (FTC) guidelines on testimonials and endorsements. All endorsements, reviews, testimonials on MacPaw's products and services, as well as relationships between other types of content websites (forums, blogs, microblogs, and other Social Media channels) and MacPaw must be clearly disclosed in a written statement on your websites. FTC points out that "when there exists a connection between the endorser and the seller of the advertised product," it is imperative that such a connection is "fully disclosed." FTC would deem our relationship as an endorser-sponsor and believes that the end user has the right to understand that an endorser-sponsor relationship exists. We share the underlying idea of this approach and require you to adhere to the FTC's rules. (We do not tolerate unfounded critical comparative reviews and any form of disparagement of our competitors’ products.)

1. MacPaw Rights and Obligations

3.1. We may monitor your site to determine if you are following the terms and conditions of this Agreement.

3.2. We reserve the right to terminate your participation in the MacPaw Affiliate Program if you engage in any of the conduct set forth in Section 2 of this Agreement, otherwise violate the terms and conditions of this Agreement, or for no reason in our sole discretion. If we terminate this agreement for breach, MacPaw shall not be liable to you for any commissions commencing on the date of your breach, regardless of when this agreement is terminated.

3.3. This Agreement will begin upon our acceptance of your application and will continue unless terminated hereunder.

1. Termination

Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you. If we terminate for breach we may also pursue any and all legal and/or equitable remedies.

1. 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 MacPaw Affiliate Program rules that we may publish or send to you. If any modification is unacceptable to you, your only option is to terminate this Agreement. Your continued participation in MacPaw Affiliate Program following the notice or the posting of our new Agreement on our site will indicate your agreement or rules to the changes.

1. Payment

MacPaw uses a third party to handle all of the tracking and payment for the Affiliate Program. The third party is currently Impact.com network. Please review the network's payment terms and conditions as they are applicable to you. Access to Account Interface Register as a publisher in the Impact.com network. After that, you will get access to a secure account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you.

1. Promotion Restrictions

7.1. You are free to promote your own websites, but naturally any promotion that mentions MacPaw 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 MacPaw. 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 noncommercial newsgroups, and crossposting 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 MacPaw products so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. You may also post to newsgroups to promote MacPaw products so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your websites as independent from MacPaw. 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 MacPaw 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. Pay-Per-Click advertising in Google Adwords is strictly prohibited. Other systems for Pay-per-Click advertisements may be used subject to the terms stated in Section 7.3 below.

7.3 You are not permitted to bid in Pay-Per-Click campaigns on keywords such as macpaw.com, macpaw, www.macpaw, www.macpaw.com, cleanmymac, clean my mac, cleanmymac.com, www.cleanmymac, www.cleanmymac.com, www.cleanmypc.com, cleanmypc, clean my pc, cleanmy, cleanmypc.com, www.cleanmypc and/or any misspellings or similar alterations of these -- be it separately or in combination with other keywords or, if you are a coupon affiliate, in combination with + coupon, + discount and similar key phrases. Bidding on those keywords will be considered trademark violation and you will be terminated and banned from MacPaw Affiliate Program.

7.4. You are not prohibited from keying in a prospect's information into the lead form as long as the prospects' information is real and true and these are valid leads (i.e., sincerely interested in MacPaw's service).

7.5. You shall not transmit any so-called "interstitials," "ParasitewareTM," "Parasitic Market- ing," "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 a qualifying link until such time as the consumer has fully exited MacPaw's site (i.e., no page from our site or any MacPaw's content or branding is visible on the end user's screen). As used herein "ParasitewareTM" 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, Bing, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of MacPaw site in IFrames, hidden links, and automatic pop ups that open MacPaw's site; (d) targets text on websites, other than those websites 100 percent 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 websites 100 percent owned by the owner of the application.

7.6. If you are found to be cybersquatting or typosquatting on trademark-related domains you will be terminated and any commissions accrued to you, but unpaid, will be forfeited.

1. Promotion Restrictions for Coupon Affiliates

A "Coupon Affiliate" is an Affiliate whose business model substantially consists of making coupons available. Whether you are classified as a Coupon Affiliate shall be determined by MacPaw in its sole discretion. Factors that may lead to classification as "Coupon Affiliate" include, but are not limited to (i) the presence of coupon offerings, especially from many different merchants, on the Affiliate's website, especially if such coupons represent many different merchants and/or are indexed or are organized in a directory; (ii) the presence of certain words (or variations or misspellings thereof) in the website's URL or prominently featured in the website's content, such as "coupons," "deals" or "savings"; (iii) a website that is focused on other merchants and the discounts or promotions offered by them, rather than on products, and that features little original, human- generated content.

8.1. If you are a Coupon Affiliate you are only allowed to use only coupon offers and promo materials provided via Impact.com. Text links may be used in e-mail communication with Coupon Affiliate users. You are prohibited to use text links on Coupon Affiliate website.

8.2. Use of unauthorized links or coupon codes (those links or codes not specifically provided to you through Impact.com) by us is prohibited
8.3. You are not allowed to use keywords such as macpaw.com, macpaw, www.macpaw, www.macpaw.com, cleanmymac, cleanmymac.com, www.cleanmymac, www.cleanmymac.com, www.cleanmypc.com, cleanmypc, cleanmypc.com, www.cleanmypc and/or any misspellings or similar alterations of such keywords be it separately or in combination with + coupon, + discount and similar key phrases in the domain names. Such actions will be considered trademark violations and you will be terminated

8.4. Posting coupon offers on your website with "reveal the coupon code " or similar phrase that stimulates visitor to click to reveal a coupon code and go to the MacPaw's site is prohibited.

1. Grant of Licenses

9.1. We grant to you a nonexclusive, nontransferable, 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.

9.2. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of MacPaw Affiliate Program.

9.3. You agree that all uses of the Licensed Materials will be on behalf of MacPaw and the goodwill associated therewith will inure to the sole benefit of MacPaw.

1. Disclaimer

MACPAW MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING MACPAW SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT 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.

1. Representations and Warranties

You represent and warrant that:

11.1. 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.

11.2. 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.

1. 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 MACPAW`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.

1. Indemnification

You hereby agree to indemnify and hold harmless MacPaw 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 or your business.

1. 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.

1. Governing Law ad Jurisdiction

This Agreement shall be governed by the laws of Cyprus. Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Cyprus Center for Alternative Dispute Resolution Rules (A.D.R. Cyprus Center Ltd) which Rules are deemed to be incorporated by reference into this clause. The seat, or legal place, of arbitration shall be the Republic of Cyprus.

1. Miscellaneous

16.1. 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 MacPaw. 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 website or any other of your websites or otherwise, that reasonably would contradict anything in this Section.

16.2. You may not assign your rights or obligations under this Agreement to any party, except with prior notice to us and our consent.

16.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Delaware without regard to the conflicts of laws and principles thereof.

16.4. This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.

16.5 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.

16.6. 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.

Mandatory features to follow:

Coupon affiliates must prevent MacPaw coupon pages from being indexed by search engines. To do so coupon affiliates must add "no index" meta tags to pages where MacPaw coupons are promoted. Please check paragraph 8.1 of this Agreement for details. More information on "no index" meta tags can be found at the following URL:

https://support.google.com/web....

For Youtube:

• The video must be optimised according to Youtube SEO requirements, as keywords relevant to our product in the video description and hashtags with our product and time codes in the video description are a must.
• You are not allowed to hide, remove the video, or modify the description.
• Use relevant materials only provided by our team and do not change/update our brand identity.
• Do not include affiliate links to third-party vendors.
• Video content and affiliate links in the description section must be approved by our team before going live.
• Set a specific deadline date if the topic is time sensitive (e.g. new macOS release, Black Friday offers etc.)
• Ensure that the video content aligns with the brand's values and messaging.
• Include a clear call-to-action in the video, encouraging viewers to take a specific action.
• Avoid making false or misleading claims about the product or service being promoted.
• Ensure that the video meets all legal and ethical standards for advertising and marketing.
• Use high-quality production values, including clear audio and video, to maximise the impact of the video.
• Avoid using copyrighted materials without obtaining proper permission or licensing.
• Use social media and other online platforms to promote the video and reach a wider audience.

For content websites:

• The article must contain at least two affiliate tracking links.
• We require a partner to build high-quality backlinks on the article from authoritative websites and update them on a regular basis - delete artificial, forced, or irrelevant backlinks.
• The article must be indexed in Google search.
• Use keywords for content creation relevant to the topic.
• You are not allowed to promote other products in reviews dedicated to our product, including advertising promo materials of our competitors.
• Long-tail keywords should be utilised with relevance to the article's topic.
• The article should be at least 1,000 words in length to ensure comprehensive coverage of the topic.
• The content should be unique, informative, and engaging, with a focus on providing value to the reader.
• The article should be well-structured, with appropriate headings and subheadings, making it easy for readers to navigate and absorb the information.
• All affiliate links should be disclosed according to FTC guidelines, maintaining transparency with an audience.
• High-quality visuals, such as images or videos, should be included in the article to enhance the reader's experience.
• The article should be updated regularly to ensure that the information remains accurate and relevant.