Version 1.0
Introduction: These terms and conditions ("Terms")
govern the relationship between Puma Leads, LLC, an Ohio limited
liability company (mailing address 6545 Market Ave. North, Suite 100,
North Canton, OH 44721) ("Puma Leads," "we," or "us") and you, the
publisher ("Publisher" or "you") in connection with your participation
in Puma Leads' affiliate program for lead generation offers ("Affiliate
Program").
By enrolling in the Affiliate Program, you agree to rely solely on this
Agreement in making your decision. You also confirm that you are not
relying on any representation, guarantee, or statement other than what
is stated in these Terms. For any Insertion Order (IO) to be legally
binding, it must be accepted in writing by Puma Leads at its own
discretion. Any IO submitted by or to Puma Leads will be considered as
part of these Terms, but in case of any conflicts, these Terms will take
precedence.
Electronic Signatures: By clicking on the button labeled
"I Agree" or "Accept" or "Submit" on Puma Leads, the publisher is
agreeing to enter into a legally binding contract and is giving a
legally binding electronic signature. This means that the publisher's
electronic submissions, such as clicking the button, counts as a legally
binding agreement. The publisher also agrees to use electronic
signatures, contracts, and records for any transactions made through the
software or services offered by Puma Leads, and waives any rights that
may require an original signature or non-electronic records in any
jurisdiction.
Eligibility: To participate in the Affiliate Program,
you must be at least 18 years of age and able to form legally binding
contracts under applicable law.
Joining the Affiliate Program: To join the Affiliate
Program, you must complete the online application process and be
accepted by Puma Leads. Puma Leads reserves the right to accept or
reject any application for any reason.
Obligations: As a publisher, you will be responsible for
promoting Puma Leads' lead generation offers through your website,
social media, email marketing, or other approved channels. You will also
be responsible for ensuring that all leads generated through your
promotions are valid and comply with Puma Leads' terms of service and
privacy policy.
Payment: Puma Leads will pay you a commission for each
valid lead generated through your promotions that ends up generating
revenue for Puma Leads. The commission rate will be determined by Puma
Leads and may vary depending on the offer, historical lead quality, and
the volume of leads generated. Payment will be made on a monthly basis.
Payments will be made to Publisher provided that the Publisher account
has reached a minimum of one hundred dollars ($100.00) ("Payment
Threshold") in accrued revenues. Where an account has not reached the
Payment Threshold, the amount due to Publisher will continue to roll
over to the next month until an amount equal to or greater than the
Payment Threshold has been reached.
Puma Leads shall not be responsible for paying the Publisher on any
eligible leads where (a) leads delivered by the Publisher comprise of
consumers that have previously registered for, opted-in to and/or are
already a member or customers of Puma Leads’s partners, (b) are
generated using fraud, incentivized marketing or otherwise in violation
of the restrictions contained herein, or (c) the e-mail recipient did
not opt-in to receiving e-mail marketing from Publisher. Puma Leads will
not pay Commissions on any billings (1) that occur before Publisher is
accepted into the Publisher Program and (2) that occur after the
termination of these Terms. Puma Leads will pay no Commissions to the
Publisher unless Puma Leads has documentation to support such
Commissions. Puma Leads may require Publisher to provide a W-9, or
similar tax identification information, as a condition precedent to
receiving any payments. Puma Leads reserves the right to withhold and/or
cancel payments due and owing to the Publisher in its sole discretion
when Puma Leads believes the Publisher is in breach of any term of these
Terms. All payments due to Publisher will be paid in US dollars.
Publisher shall pay any and all taxes due to all taxing authorities
arising from, or in connection with, Publisher’s participation in the
Publisher Program. Without limiting the foregoing, Publisher agrees and
acknowledges it shall be fully responsible for any and all taxes,
whether state or local, and related fees, costs, and penalties incurred
by Puma Leads and/or its partners in relation to Publisher’s activities.
Sub-Publishers: Any business partners or associates of
the publisher that participate in or perform any activities for the
publisher as a part of the Publisher Program will be considered
"Sub-Publishers." All Sub-Publishers must be pre-approved in writing by
Puma Leads. It is the publisher's responsibility to request such
approval. Puma Leads reserves the right to deny or revoke approval of
any Sub-Publishers at any time and without prior notice. Sub-Publishers
must meet the same criteria and comply with the same terms and
conditions as the publisher outlined in these Terms. The publisher will
be held jointly and severally liable with the Sub-Publishers for their
actions or omissions. Puma Leads can revoke the publisher's
participation in the Publisher Program or terminate these terms based on
the actions or omissions of the Sub-Publishers. Puma Leads reserves the
right to take legal action if the publisher or its Sub-Publishers fail
to comply with these terms.
The publisher agrees to indemnify, defend and hold Puma Leads and its
directors, officers, shareholders, employees, agents, and publishers
harmless from any third-party actions, claims, liabilities, damages,
losses, and expenses, including reasonable attorney fees and costs,
arising from or related to the acts, errors, or omissions of the
publisher, its Sub-Publishers, or any third party acting on their
behalf, in connection with the performance of their obligations under
these terms, any applicable IO, or any breach of these terms.
Prohibited Activities: You will not engage in any
activities that violate any laws or regulations, or that in any way harm
Puma Leads' reputation or the reputation of its partners. You will also
not engage in any activities that infringe on the intellectual property
rights of Puma Leads or its partners.
Lead Quality Guidelines: Puma Leads LLC (Puma Leads) is
dedicated to providing high-quality leads. In order to ensure this, Puma
Leads will only pay for leads that meet all relevant laws, these Lead
Quality Guidelines, and are not obtained through fraudulent practices.
A valid lead is a lead with complete and accurate information and must
come from real individuals who are genuinely interested in the offer.
Puma Leads will only pay for valid leads that comply with the following
Lead Quality Guidelines.
- Leads must not be generated through computer programs, robots, or
other automated, artificial, or fraudulent methods.
- Leads must not be entered by anyone other than the consumer named in
the lead, unless Puma Leads gives prior consent and approval.
- Leads must not contain false, incomplete, or inaccurate information.
- Leads must not be from people who are not interested in the offer or
have been misled into submitting their information.
- Leads must not be duplicates (same contact information within the
past 30 days).
- Leads must not be incentivized unless Puma Leads gives prior written
authorization.
- Leads must not be obtained using misleading or confusing language.
-
Leads must not be generated through websites or offers that promote
offensive or prohibited content unless Puma Leads gives prior
written authorization.
-
Leads must be sold exclusively to Puma Leads and not to other buyers
unless Puma Leads gives prior written consent.
-
Leads must not be misclassified.
-
Consumers must be 18 years or older.
-
Leads obtained through online classified ads must not be misleading.
-
Lead generation methods must comply with the terms of use and
privacy policy of the website or internet service provider used.
-
Leads must not be obtained through infringing or fraudulent
practices.
If Puma Leads finds out that it has paid for leads that don't meet the
guidelines or were created through illegal means, the company has the
right to ask for the money back. They may also choose to hold back on
paying for future leads until the invalid or fraudulent leads have been
paid back.
TCPA Compliance: The Publisher must fully comply with
the Telephone Consumer Protection Act (TCPA) for all marketing
activities that may result in telemarketing calls, text messages, SMS
messages or other activities governed by the TCPA, whether from Puma
Leads or any Advertiser. It is solely the Publisher's responsibility to
understand and comply with the TCPA. In addition to any other
requirements of the TCPA or any implementing regulations, the Publisher
must obtain prior express written consent from consumers to accept
telemarketing calls and SMS marketing messages from Puma Leads LLC and
its Advertisers or other entities as specified by Puma Leads. Consent
cannot be a condition of a purchase. Without limiting the foregoing, if
the Publisher uses its own websites or forms to generate leads or to
encourage a purchase or other consumer activity, the Publisher must
immediately provide, upon request: (i) proof of clear and conspicuous
disclosure allowing for telemarketing calls and/or SMS messages as
required; (ii) evidence of the consumer's unambiguous consent to receive
such calls or messages to the number provided; (iii) a copy of the
website page or form containing the consent language and the fields
entered by the consumer; (iv) a screenshot of the consumer's view
showing any fields completed; (v) the date and time stamp of the consent
given; and (vi) the consumer's IP address.
Covenants, Representations and Warranties: The publisher
agrees that:
- They have the authority to enter into this agreement and it will be
legally binding for them.
-
They will only send commercial emails to recipients who have given
them specific consent, and have not revoked that consent as of the
date the email was sent.
-
They will follow all relevant laws and regulations including but not
limited to CAN-SPAM, the Gramm-Leach-Bliley Act, the Fair Credit
Reporting Act, the Federal Trade Commission Act, the Fair Debt
Collection Practices Act, the Federal Communications Act, the
Telephone Consumer Protection Act, and all state laws such as the
California Financial Privacy Act and the Vermont Consumer Protection
Act.
-
They understand that Puma Leads may work with other publishers that
are in direct competition with them.
-
They will be responsible for the development, operation, and
maintenance of their own websites and databases, as well as any
materials that appear on those websites. This includes making sure
the websites function properly, posting accurate and appropriate
content, ensuring the websites follow all laws and regulations, and
protecting the privacy of visitors to the websites.
Additionally, they are responsible for ensuring that any sub-publishers
comply with the terms of this agreement, ensuring that their website has
a privacy policy that complies with all laws, and ensuring that the
privacy policy is clear that the website allows third parties (such as
Advertiser) to serve content within its media and that the website is
allowed to share any information collected therein with third parties
(such as Advertiser).
In summary, the publisher is responsible for ensuring that they comply
with all relevant laws and regulations and that any materials or
activities related to their websites and databases are legal, accurate,
and appropriate. They also agree that Puma Leads may work with other
publishers that are in direct competition with them and that they will
be responsible for the development, operation and maintenance of their
own websites, databases, and materials. They also understand that they
need to ensure that any sub-publishers comply with the terms of the
agreement, ensuring that their website has a privacy policy that
complies with all laws and regulations, and ensuring that the privacy
policy is clear that the website allows third parties to serve content
within its media and that the website is allowed to share any
information collected therein with third parties.
The service provided by Puma Leads, including the publisher program,
website, data, suppression lists, transaction tracking codes, and
content, is provided "as is" and "as available" and any warranties,
express or implied, are disclaimed. Puma Leads will not be held liable
for any bugs, errors, problems, or other limitations in the service.
Puma Leads will not be responsible for any indirect, special, incidental
or consequential damages that may arise from the use of the service.
Puma Leads makes no representation or warranty with respect to any
results that may be obtained through the publisher program. Puma Leads
will not be held responsible for any damages caused by the publisher
program, website, data, suppression lists, transaction tracking codes,
and content. The publisher is responsible for any use, or alleged use,
of the publisher program, website, data, suppression lists, transaction
tracking codes, and content that may infringe upon a third party’s
intellectual property rights. Puma Leads will not be liable to publisher
or any third party for any damages arising from the publisher's
participation in the publisher program. Additionally, Puma Leads's
maximum aggregate liability to publisher and any third party will be
limited to the money paid by Puma Leads to publisher during the six
months preceding the event giving rise to such damages.
Indemnification: Publisher agrees to protect, compensate
and hold Puma Leads, its affiliates, and their respective employees,
directors, partners, agents and attorneys harmless from any and all
legal claims, actions, suits, damages, costs, and expenses (including
reasonable attorneys’ fees, court costs, and settlement costs) arising
out of or related to: (i) Publisher’s or any Sub-Publisher’s violation
of this Agreement or any representation or warranty contained within it;
(ii) the operation, maintenance, or content of the Publisher Websites or
Publisher Database; (iii) any third-party claim of violation of any laws
or regulations by Publisher or Sub-Publisher; (iv) any claim of
infringement of any trademark, trade name, service mark, copyright,
license, intellectual property or other proprietary right of any third
party by Publisher or Sub-Publisher; (v) any goods or services offered,
sold, or provided by Publisher or Sub-Publisher that are not related to
Advertising Campaigns; (vi) any claim that Puma Leads must pay taxes in
connection with Publisher's participation in the Publisher Program; or
(vii) Publisher's or any Sub-Publisher's participation in the Publisher
Program in any manner. Publisher will promptly take on the defense with
a lawyer reasonably accepted by Puma Leads upon written notice from Puma
Leads of such a claim. Puma Leads reserves the right to participate in
the defense at its own expense. Publisher agrees not to settle any claim
without prior written approval from Puma Leads. Publisher will
immediately notify Puma Leads in writing if they receive notice of any
complaints, inquiries or investigations related to the Publisher
Websites, Publisher Database, any Sub-Publishers or any other violations
of Publisher's or Sub-Publisher's business, whether or not Publisher is
required to indemnify Puma Leads for such claim.
Circumvention and Non-Solication:
The publisher agrees not to contact or work with any partners that
participate in Puma Leads's program, for the purpose of providing
similar services, during the time of this agreement and for one year
after it ends. The only exception is if the publisher can prove that
they had a business relationship with that partner before the agreement
started.
Termination:
Puma Leads may terminate this agreement at any time for any reason. If
Puma Leads terminates the agreement, it will pay you any earned
commissions that have not yet been paid.
Dispute Resolution:
This Agreement will be enforced and interpreted according to the laws of
Nevada and any disputes that may arise will be resolved through binding
arbitration in Clark County, Nevada. The party that wins the arbitration
or legal action will be able to recover their reasonable attorneys' fees
and costs. The decision made in the arbitration will be final and
binding. However, either party can still seek equitable or injunctive
relief in a court. Publisher agrees that any unauthorized or unlawful
use of the Publisher Program would cause irreparable harm to Puma Leads
and Puma Leads will be able to seek immediate injunctive relief against
the publisher without needing to post a bond. The Agreement does not
limit any legal remedies available to Puma Leads. The publisher also
agrees not to participate in any class action lawsuits against Puma
Leads and its employees, officers, directors, members, representatives
and/or assigns, and will pay for Puma Leads's attorney's fees and court
costs if a lawsuit is brought. This clause does not waive the
publisher's right to pursue a claim individually.
Force Majeure:
The publisher agrees that Puma Leads will not be held responsible for
any delays or failure to fulfill their obligations under this Agreement
due to circumstances beyond their control, such as natural disasters,
acts of terrorism, internet outages, or other similar events (referred
to as a "Force Majeure Event"). If such an event occurs, Puma Leads will
notify the Publisher and make efforts to minimize the impact.
Class Action Waiver:
In case of any disputes, they will be handled individually, and neither
party will seek to have the dispute heard as a class action or in any
other type of representative proceeding.
Entire Agreement:
These terms and conditions constitute the entire agreement between you
and Puma Leads regarding your participation in the Affiliate Program and
supersede all prior agreements, representations, and understandings.
Changes to the terms:
Puma Leads reserves the right to make changes to these terms and
conditions at any time. Your continued participation in the Affiliate
Program following any changes to these terms will constitute your
acceptance of such changes.
Miscellaneous:
If there is something in this agreement that is found to be invalid by a
court or law, it will be changed or removed to make it valid. The rest
of the agreement will still be in effect and will be interpreted to keep
the original intentions of Puma Leads and the publisher. Puma Leads and
the publisher are not in a partnership or employment relationship and
Puma Leads can take legal action against anyone who damages or
interferes with the publisher program. This agreement is binding and
cannot be transferred by the publisher. If the publisher tries to
transfer it, the agreement will be terminated.