Affiliate Terms of Use

MorningLightMusic Affiliate Terms of Use

1. A Simplified Summary

1.1 This snapshot of the Affiliate Terms of Use is provided for your convenience only. It’s not a substitute for the full Affiliate Terms of Use (below) – To the extent that there’s any inconsistency between this Simplified Summary and the Affiliate Terms of Use, the Affiliate Terms of Use prevail.

1.2 You Agree That:

  • Any earnings you make are processed by MorningLightMusic and paid via PayPal.
  • We have a ‘first click’ attribution policy. This means that if a customer comes to the MorningLightMusic website via multiple referral links within the ‘cookie period’ (90 days), the first referral link will be credited as the referrer.
  • We can approve Affiliate Program applications using any criteria we think is reasonable (including requesting verification information from you).
  • We may, in certain circumstances, reverse commissions or earnings in accordance with our Affiliate Terms of Use.

1.3 You Agree to NOT:

  • Bid on, purchase, acquire or register search engine keywords, domains or other identifying search terms owned or controlled by MorningLightMusic. You also won’t engage in any direct or pay- per-click activity to the MorningLightMusic site.
  • Use MorningLightMusic’s brands or intellectual property in a confusing or misleading way.
  • Do any self purchasing
  • Do any form of domain forwarding
  • Do any form of cookie stuffing
  • Breach any applicable laws in being a MorningLightMusic Affiliate (including laws related to email marketing or SPAM, and privacy).
  • Advertise any coupons, deals or discounts on behalf of MorningLightMusic, unless we’ve approved it.
  • Make any representations on behalf of MorningLightMusic

2. Introduction to MorningLightMusic’s Affiliate Terms of Use

2.1 These terms (version: August 2020) explain the rules that apply to the Affiliate Program (called the Affiliate Terms of Use). The MorningLightMusic Privacy Policy is also incorporated into these terms.

2.2 Definitions

  • Affiliate Program: The affiliate program, run for the MorningLightMusic website
  • MorningLightMusic/We/Us: The MorningLightMusic LLC Company as applicable.
  • MorningLightMusic Affiliate: An affiliate that has been approved by us to take part in the MorningLightMusic Affiliate Program.
  • MorningLightMusic Site/Website: www.MorningLightMusic.io
  • You: You, the MorningLightMusic Affiliate.

3. Becoming an Affiliate

3.1 To become a MorningLightMusic Affiliate you must first apply to join the program here, and by doing so, accept the MorningLightMusic’s Terms, Privacy Policy, and Affiliate Terms of Use

3.2 We will assess your application and may accept or reject your application at our sole discretion, for any reason based on reasonable grounds. We can ask for additional information in support of your application. Our decision about whether you can become a MorningLightMusic Affiliate is final. Assessment criteria will be determined by us from time to time, and may include (but isn’t at all limited to):

  • the information provided by you in your application being verifiable and true;
  • you being able to demonstrate some ownership or rights to your affiliate website;
  • the quality of your affiliate website; and
  • our assessment of whether your website complies with these Affiliate Terms of Use (or any other terms that apply to the Affiliate Program from time to time).

3.3 Before you can be paid, you will need to ensure you submit any necessary tax documents and payout information.  Our support team will ensure all items are in place prior to payment.

4. How It Works

4.1 Once you sign up as an affiliate, you’ll get access to the Affiliate Area, where you’ll find your unique URL add-on and a URL generator. Our support team will also create a unique discount code for 10% off of any membership or license on MorningLightMusic.io.  You’ll be able to share this code with your audience, and receive commission if they use it (the code is tied to your account as well).

4.2 You’ll earn 30% commission on the first purchase from a customer. Commissions on monthly or yearly subscriptions only apply to the first period.

4.3 We place a 90-day tracking cookie for all affiliates, and have a first-click attribution policy applied.

4.4 Prices and fees are exclusive of transactional taxes where relevant. You are responsible for paying all other fees and taxes associated with your referral earnings.

4.5 MorningLightMusic does not in any way guarantee referral earnings (or any other earnings) through participation in the Affiliate Program and, to avoid doubt, your participation in the Affiliate Program may be terminated by us at any time (in accordance to Section 7.4 of these Affiliate Terms of Use)

4.6 More details:

  • (a) We use cookies and other similar technologies to track people who have clicked on your link. It is your responsibility to ensure that you have provided all disclosures and obtained all necessary rights, consents and permissions to drop relevant cookies to allow required tracking, using or sharing of any relevant person’s data, and you represent and warrant to us that you’ve done this.
  • (b) If a person doesn’t allow cookies or clears their cookies, then we may not be able to track them and in these circumstances, we are not liable to pay referral earnings on that person’s activity.
  • (c) If a person clicks on your referral link and then later they click on someone else’s, it is the first link they clicked on that counts (that is, we have a first-click attribution policy). Multiple MorningLightMusic Affiliates will not be paid in respect of the same sale or transaction.You agree that if there is a dispute about payment, the sole determination of MorningLightMusic will be final and binding.
  • (d) Commission is not paid for self-referrals (that is, where the affiliate and buyer are the same person). Referrals from fraudulent activity (including self-referral) may show up in your account but will be deducted from your final monthly referral earnings.
  • (e) Referral earnings and other performance data will appear in your Affiliate Area
  • (f) Above all, use of the Affiliate Program is subject to this Affiliate Terms of Use. and MorningLightMusic has the right to review each and every referral, and the right to remove any Affiliate from the program at our discretion.

5. Payments

5.1 Payments are made via PayPal to the PayPal Account you listed in the sign up form.

5.2 Payouts are on the 15th of each month, for the previous month’s earnings. For example, September 15th, we will pay out all commission earned in August.

5.3 Payment errors: If there are errors with your payment details, we will be unable to make payment of your referral earnings. In these cases, you won’t be paid until the applicable payments issue is fixed. If you have any questions on payment mechanics, you can contact us at support@morninglightmusic.io. Payment errors include:

  • We do not have the correct payment details.
  • We can’t contact you using the contact details that you have supplied.
  • You are asking for payment to be made to a person, institution or country that we’re prohibited from making payments to at law or where there are limitations in the banking systems

5.4 Currency conversions: Payments will be made in your nominated currency via the PayPal platform. We have no responsibility for currency conversion.

5.5 Refunds and reversals: If a transaction on the MorningLightMusic website relating to your Affiliate Program referral earnings is subject to a refund or reversal by a payment provider or by us, then the transaction is considered unsuccessful and you will not be paid commission for that transaction.  Your payments will reflect that change.

5.6 Fraud: If we have reason to believe your Affiliate Program account is being used to conduct fraudulent transactions or is in any way associated with fraudulent activity we may reject payment, terminate your account, and/or require you to return the funds to us via PayPal.

5.7 Tax: You are responsible for paying all fees and taxes, including all indirect taxes such as VAT, GST or sales tax, associated with your use of the Affiliate Program wherever levied. We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes). Despite this, if required by law, we may deduct or withhold taxes (including withholding tax) in connection with your being an affiliate. If so, we will give you relevant documentation that’s required by law about the deduction or withholding (like documentation allowing you to access rebates, or to manage your tax affairs).

6. Things You Can’t Do

6.1 You must not do the following:

  • (a) Do anything that might be confusing, misleading or deceptive to users. This includes (but isn’t limited to) doing anything that may confuse users (or potentially confuse them) about whether your website is operated or endorsed by us (for example, by copying design elements from our website).
  • (b) Use MorningLightMusic’s brands, trademarks and any other intellectual property (being MorningLightMusic Intellectual Property), other than through the Affiliate Program that we make available via your account.
  • (c) Use a domain name, search engine keyword or pay-per-click advertising that use any MorningLightMusic trademarks or variations and misspellings.
  • (d) Bid on, purchase, acquire or register search engine keywords, domain names, or other identifying search terms or titles that are the same or similar to intellectual property (including misspellings) owned or controlled by us (being MorningLightMusic Intellectual Property), to promote your participation in the Affiliate Program – except with expressed consent from MorningLightMusic. Affiliates are not allowed to outrank or outbid the MorningLightMusic on any relevant MorningLightMusic ad keywords.
  • (e) In an effort to increase traffic to the MorningLightMusic business, send unsolicited email or other messaging that in any way may constitute spam.
  • (f) Do anything that would amount to a breach of any laws including, but not limited to, privacy, intellectual property and spam laws.
  • (g) Do, participate in, or give effect to any form of cookie stuffing.
  • (h) Any form of domain forwarding (ie, use a domain and set it to automatically forward to the MorningLightMusic site using your affiliate link).
  • (i) Make any representations on behalf of MorningLightMusic.
  • (j) Do anything that is directly or indirectly in contravention of these Affiliate Terms of Use or any direction given to you by us.
  • (k)Engage in any conduct that does not meet our standards of ‘fair play’ at our discretion including things like attempted, apparent or actual fraud, generating non-genuine transactions, creating non-genuine users, confusing users, or providing a link that might mislead users.
  • (l) Provide us with any information that is not true, accurate or complete.
  • (m) Disclose your password or username to anyone. If you realize there’s any unauthorized use of your password or any breach of security you need to let us know immediately.
  • (n) Affiliates are not permitted to direct link PPC activity to the MorningLightMusic site from search engines (Google, Yahoo, Bing or any others), this includes using MorningLightMusic’s site as a display URL.

7. Legal

7.1 Your compliance: We reserve the right to decide in our sole discretion whether or not your use of the Affiliate Program complies with any applicable laws or the Affiliate Terms of Use or our Privacy Policy. If we decide that you have not complied, we can, based on our reasonable discretion withhold your referral earnings and may disable your affiliate account.

7.2 Termination: These Affiliate Terms of Use start from the date of our approval of your application and will continue until terminated. On termination, you must promptly stop using, and must delete, relevant links and MorningLightMusic Intellectual Property.

7.3 Termination by you: You may terminate your participation in the Affiliate Program at any time by removing the relevant affiliate links.

7.4 Termination by us: We may terminate or suspend your participation in the Affiliate Program:

  • (a) at any time and for any reason, based on reasonable grounds and with or without prior notice to you;
  • (b) if we reasonably believe there is a risk associated with you, your account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where the payment is from or to a person or country sanctioned by an authority (like the United Nations, the US government or the Australian government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us; or
  • (c) if we can’t make payments to or from your nominated country.

7.5 We may take any of the actions stated in section 7.4 without notice. If required by law we may forfeit referral earnings.

7.6 Sanctions compliance: You promise that you are not located in a sanctioned country and are not on a sanctioned persons list. The Affiliate Program is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department’s list of Specially Designated Nationals List (SDN list).

7.7 Modifications: We may change, suspend or discontinue any aspect of the Affiliate Terms of Use or the Affiliate Program. We may also remove or modify any approved tags, text, or graphics for the Affiliate Program. You agree to promptly implement any request from us to remove or modify any link, graphic or banner ad that is being used by you as part of the Affiliate Program.

7.8 Your use of other services: You must comply with the requirements of any third party services you use in connection with the Affiliate Program, like email providers, social networking services and ad networks as long as doing so does not cause you to violate the terms of our Affiliate Terms of Use.

7.9 Privacy: We respect your privacy. When you become a MorningLightMusic Affiliate, you will be asked to provide some information about yourself. This information may be used by us and contractors in connection with managing the Affiliate Program, including marketing activities. Our Privacy Policy explains how we deal with your information and it forms part of these terms.

8. Confidentiality

8.1 We value your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we can’t promise that your use of our Affiliate Program will be confidential, and we can’t promise that any information you provide to us is perfectly secure. While using our Affiliate Program, you may also become aware of confidential information about us, the Affiliate Program or a user. You promise to not disclose any confidential information made available to you through the affiliate program to any other person.

9. Intellectual Property

9.1 We own all the MorningLightMusic content we have put on our websites including the design, compilation, and look and feel of the MorningLightMusic platform, and copyright, trademarks, logos, designs and other intellectual property (both registered and unregistered, present and future), unless otherwise stated and excluding content owned by others (we’ll call this the MorningLightMusic Intellectual Property). You will not copy, distribute, modify or make derivative works of any of our MorningLightMusic websites content or use any of our MorningLightMusic Intellectual Property in any way not expressly stated in these Affiliate Terms of Use.

10. Indemnity

10.1 You are liable and sole responsible for the following:

  • (a) Your use of the website and the Affiliate Program.
  • (b) The services, message, content, information, software or other materials you send and use under the Affiliate Program.
  • (c) Your breach of any intellectual property rights belonging to others.
  • (d) Your breach of these Affiliate Terms of Use.
  • (e) Your breach of any industry code, regulation or law that applies.

10.2 We have no responsibility to you or to any other person for all liabilities, costs, expenses (including legal fees) and loss arising from third party claims due to any of the matters set out in the previous clause 10.1 and you agree to indemnify us, our directors, officers, employees and agents from all claims.

10.3 We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of the matter.

10.4 Disclaimer and Limitation of Liability: In some places there may be consumer or fair trading laws that apply and that may give you rights that we cannot exclude, restrict or modify (‘non-excludable law’). We do not exclude or modify any non-excludable law. Except as provided in a non-excludable law, we are bound only by the express promises made in these Affiliate Terms of Use and we are not bound by implied terms. Except as provided in a non-excludable law, our liability for a term that cannot be excluded is to re-supply the relevant service. Except as provided in a non-excludable law, our cumulative liability to you, from all causes of action and all theories of liability, will be limited to the total amount of your Referral earnings paid to you under these Affiliate Terms of Use.

10.5 Changes to Affiliate Program Terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let our members know about the changes.You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. You can close your Affiliate account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to participate in the Affiliate Program after the changes are made, then you will be agreeing to the changes.

10.6 Applicable Laws: We control and operate the Affiliate Program from our office in The United States. The laws of North Carolina, United States govern these Affiliate Terms of Use, and you submit to the jurisdiction of the courts there.

10.7 If you have any questions you can email us at support@morninglightmusic.io

 

 

 

Version: August 2020