Constant Contact Affiliate program

Tracking - Online

"Commission Fees" shall mean the amount you will be paid for each Qualified Action by a Referred Customer

“Qualified Action” shall mean a Qualified Purchase and/or Qualified Referral

"Qualified Purchase" shall mean a sale of Constant Contact Products and Services by Constant Contact to a paying Referred Customer

“Qualified Referral” shall mean a free trial sign-up for Constant Contact’s Email Marketing Products and Services to a Referred Customer

"Referred Customer" shall mean each new and unique customer referred from Affiliate through a Link that provides valid account information and, in the case of a Referred Customer that makes a Qualified Purchase, billing information.

Use of Links. If you qualify and agree to participate as an Affiliate, we will make a variety of graphic and textual links available to you (each referred to herein as a "Link" or collectively, as the "Links"). The Links will serve to identify your website as a member of the Affiliate Program and will establish a link from your website or e-mail to Constant Contact’s website. You agree to cooperate fully with us in order to establish and maintain such Links. You further agree that your use of the Links must be in compliance with this Agreement at all times. Constant Contact may modify the Links from time to time in its sole discretion. You will not use graphic or textual images (indicating a Link) or text messages to promote Constant Contact that are not approved in advance by Constant Contact. All Affiliate Sites shall display the Links prominently in relevant sections of their website. Furthermore, you agree not to use cookie stuffing techniques that set the affiliate tracking cookie without the Referred Customer's knowledge (e.g. iframe). Any information with respect to Constant Contact that is going to be displayed on the Affiliate Site must be preapproved by Constant Contact in writing.

Discounts and Coupons. You are not allowed to post any refunds, credits or discounts on the Constant Contact Products and Services, or other content concerning Constant Contact without Constant Contact’s prior written consent in each instance. Affiliates may only use coupons and discounts that are provided exclusively through the Affiliate Program using banners and links. Each Link connecting users of the Affiliate Site to the pertinent area of the Constant Contact website will in no way alter the look, feel, or functionality of the Constant Contact website. Any violations of the terms surrounding links, coupons, refunds, credits or discounts shall constitute a material breach of this Agreement, and may result in your termination from the Affiliate Program or the withholding of Commission Fees.

Commissions will be calculated based on the commission rates stated on the Constant Contact website for each Qualified Action (as defined herein). A “Qualified Action” does NOT include the following: A. A purchase or trial by a Referred Customer that has transferred from any Constant Contact partner or entity that is owned by, owns, or is under common ownership with Constant Contact. B. A purchase or trial by a Referred Customer who is also associated with any Constant Contact reseller, referral, or other program. Notwithstanding the foregoing, a “Qualified Action” includes Referred Customers of Constant Contact’s Email Marketing Products and Services who have previously been (but are not currently) associated with any Constant Contact reseller, referral, or other program, provided that they have been associated with such programs no more than three (3) times previously. C. A purchase by a Referred Customer that is not up to date on its payments or is subject to a refund, referral, or other program. D. A purchase or trial that was completed prior to the Affiliate joining the Affiliate Program or was not tracked properly through an Affiliate Link.

A purchase of Constant Contact’s Website Builder Product by a Referred Customer that has not been in good standing for a period of at least ninety (90) days or is in violation of the Constant Contact Website Builder Terms of Use, the Constant Contact Website Builder Acceptable Use Policy, or other applicable policies at the time the Commission Fees accrue. G. A purchase or trial that Constant Contact suspects, in its sole discretion, is the result of fraud, which shall include but is not limited to, the use of software that generates real and fictitious information, multiple accounts from the same customer, or the referral of accounts that do not comply with this Agreement. H. A purchase or trial referred by an Affiliate that has an excessive cancellation rate as determined in Constant Contact’s sole discretion. I. A purchase by a Referred Customer if the Referred Customer was offered or received coupons, refunds, credits or discounts from the Affiliate, unless otherwise approved in writing by Constant Contact. J. A purchase or trial by a Referred Customer if the Affiliate or Referred Customer is in or is promoting a business-opportunity program, as determined by us in our sole discretion. K. A purchase by a Referred Customer who received a popup with a discounted offer, while leaving Constant Contact’s website during their purchase. L. A purchase or trial made by any Affiliate under this Affiliate Program. M. A purchase or trial by a Referred Customer who, prior to such purchase, clicked through a Link established by another affiliate under this Affiliate Program. N. A purchase or trial of Constant Contact’s Email Marketing Products and Services by a Referred Customer more than forty-five (45) days after clicking through the Affiliate Link. O. A purchase of Constant Contact’s Website Builder Product by a Referred Customer more than sixty (60) days after clicking through the Affiliate Link or, in the event of a purchase following a trial by a Referred Customer, more than ninety (90) days after the Referred Customer begins the trial, whichever is later. b. Constant Contact reserves the right to withhold payment of initial Commissions Fees to Affiliates who are new to the Affiliate Program, or who have commissions that are potentially fraudulent as determined by Constant Contact in its sole discretion, to determine the legitimacy and cancellation rates of Referred Customers. c. Constant Contact reserves the right to suspend the payment of Commission Fees at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms of this Agreement by the Affiliate or a Referred Customer. Constant Contact reserves the right to deduct from Affiliate's current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, or cancelled purchases. If no subsequent Commission Fee is due and owing, Constant Contact may send Affiliate a bill for the balance of such refunded purchase upon termination of the program or termination of the Referred Customer. d. Constant Contact reserves the right to immediately cancel or withhold for later review any Commission Fee that fails to meet the criteria of a “Qualified Action.” Affiliate is responsible for monitoring the payment, denial, and withholding of Commission Fees; Constant Contact is not obligated to actively notify Affiliates of the status of Commission Fees. If Affiliate has a question about a Commission Fee that has been cancelled or withheld, Affiliate has thirty (30) days from the day the payment would have been due to contact Constant Contact to request that payment of the Commission Fee be investigated. Any changes to decisions about cancelled or withheld Commission Fees are strictly made in Constant Contact’s sole discretion. e. Commissions for any Referred Customer who is associated with any Constant Contact Solution Provider, Franchise, Technology & Software, Association or other reseller, referral or other program may not be considered a Qualified Action. In other words, you may not receive double commissions or compensation. f. In the event that the Referred Customers that are referred to Constant Contact by an Affiliate are determined to have an excessive cancellation rate, as determined by Constant Contact in its sole discretion, Constant Contact reserves the right to withhold or decline pending and future Commission Fees to such Affiliate. g. Any attempt by an Affiliate to manipulate, falsify or inflate Referred Customers, Qualified Actions, or Commission Fees to intentionally defraud Constant Contact or any violation of the terms of this Agreement constitutes immediate grounds for Constant Contact to terminate the Affiliates participation in the Affiliate Program and will result in the forfeiture of any

You shall not create, publish, transmit or distribute, under any circumstances, any bulk email messages without prior written consent from Constant Contact, to be granted or denied in Constant Contact’s sole discretion, in each instance. Additionally, you may only send emails containing a Constant Contact affiliate link and or a message regarding Constant Contact or Constant Contact's Affiliate Program to people who have previously consented to receiving such communications from you. Your failure to abide by this Section 13, the CAN-SPAM Act of 2003, Canada’s Anti-Spam Legislation, S.C. 2010, c.23, our Anti-Spam Policy, and all applicable laws relating to email communications, in any manner, will be deemed a material breach of this Agreement by you and will result in the forfeiture by you of any and all rights you may have to any commissions and the termination of your participation in the Affiliate Program. Further, if your account has excessive clicks in a very short period of time as determined by Constant Contact in its sole discretion, the Affiliate relationship may be terminated.

Term and Termination :
The term of this Agreement will begin upon our acceptance of your Affiliate Program application and will end when terminated by either party (the “Term”). Either party may terminate this Agreement at any time, with or without cause. b. You are only eligible to earn Commission Fees on Qualified Actions occurring during the Term. Commission Fees earned prior to the date of termination will be eligible for commissions only if the orders for the related Constant Contact Email Marketing Products and Services are not cancelled within 30 days and comply with all of the terms of this Agreement. Further, Commission Fees earned prior to the date of termination will be eligible for commissions only if the orders for the related Constant Contact Website Builder Product are not cancelled within 90 days and comply with all terms of this Agreement. We may withhold your final payment of Commission Fees for a reasonable time to ensure that all Qualified Actions are valid and payment from Referred Customers are legitimate as determined by Constant Contact in its sole discretion.