The Talk Market
Affiliate Terms and Conditions
This Terms of Use Agreement (the “Agreement”) is between you and The Talk Market, Inc, (“we”) covering your use of The Talk Market website (hereinafter referred to as “the Website” or www.thetalkmarket.com, or “The Talk Market” and encompassing the services and content available through The Talk Market website) and the Talk Market Affiliate Marketing Program (“Affiliate Marketing”). By agreeing to this Agreement when signing up for Affiliate Marketing with The Talk Market, you agree to be bound by this Agreement, including any changes we may make to this Agreement at our sole discretion. Please revisit this page to review the most current Agreement.
The Talk Market may provide links specifically associated with your user account (“Affiliate Links”) in the form of product video page links or embeddable videos which link to product video page. You may use these Affiliate Links to promote the products featured on the Website by emailing or embedding the Affiliate Links within outside websites (not including The Talk Market) in the case that said websites have granted you explicit permission to do so or in the case that said outside websites are owned by you.
The Talk Market agrees to pay you a 3% commission (“Affiliate Commission”) of a Talk Market’s transaction of a qualified sale (“Qualified Sale”). A Qualified Sale is defined by when a visitor a) clicks on one of your Affiliate Links, and b) purchases anything on The Talk Market within twenty four (24) hours of that visitor clicking on said Affiliate Link. Notwithstanding anything to the contrary, the Affiliate Commission will only be due to The Talk Market affiliate whose Affiliate Link was last clicked before Qualified Sale occurred. Notwithstanding anything to the contrary, a Qualified Sale does not include purchases made by you or someone purchasing a product on The Talk Market on your behalf, or purchases made on third party sites such as iTunes.
The Talk Market shall be the only entity responsible and possessing the right to process Talk Market orders and track Qualified Sales contemplated herein. The Talk Market shall pay affiliates their Affiliate Commissions through the affiliates’ Amazon Payments Business accounts set up through The Talk Market. Payments shall be made within fourteen (14) days of The Talk Market’s receipt of its fees on the Qualified Sale.
When using the Affiliate Links, you agree not to:
-Misrepresent any offer of any product featured within the Affiliate Links
-Utilize The Talk Market logo that suggests a relationship other than what is contemplated within this Agreement
-Violate any terms of use for any website where you place the Affiliate Links
-Violate any anti-spam laws or practices
-Utilize The Talk Market name and logo in email or direct marketing efforts where the recipient of said email or marketing is not someone with whom you have a preexisting relationship
-Book any paid search terms that utilize trademarks of The Talk Market or misspellings thereof, or that promote any competitor’s website but link to The Talk Market
-Book any paid search or content network advertising that utilizes the Affiliate Links as the direct destination point of such paid link advertising
-Engage in any advertising that may cause confusion for customers in relation to The Talk Market’s trademarks, including The Talk Market’s logos
The Talk Market has the right to terminate this Agreement at any time for any reason with five (5) days notice to you. The Talk Market may immediately terminate this Agreement if it determines, at its own discretion, you violate any of the terms of this Agreement. Upon termination, you will cease to use any Affiliate Links or Talk Market materials relating to them. You may end your participation with The Talk Market affiliate program by ceasing to use any Affiliate Links.
The Talk Market retains full, exclusive ownership of it’s trademarks, copyrights, and customer data, including, but not limited to data from customers entering The Talk Market. You warrant and represent that you have the right to enter this Agreement and that if you are using Affiliate Links on your own website. In the event of a dispute between you and us, such dispute shall be resolved by binding arbitration under the Commercial Arbitration Rules and auspices of the American Arbitration Association by one arbitrator in New York, New York. The foregoing shall not prevent either party from seeking preliminary injunctive relief in a court of competent jurisdiction. Any decision of the arbitrator shall be final and binding on the parties, and enforceable in any court of competent jurisdiction. Neither party shall be liable to the other for special, consequential, or indirect damages in any way whatsoever.
If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. Your rights and obligations under this Agreement may not be assigned, in whole or in part, without prior written consent of us and such other restrictions as set forth herein. No waiver by either party of any rights under this Agreement will be effective unless such waiver is in a writing signed by the party against whom enforcement is sought. Any notices relating to this Agreement should be sent via email to staff@talkmarket.com.
The relationship of the parties herein shall not be construed as that of an agency, joint venture, partnership, employer-employee, or franchiser-franchisee. This Agreement shall be governed by the laws of the State of Delaware. You acknowledge and agree that you have the right to enter into this Agreement and that you are over the age of 18.