Terms of Service
1. ACCEPTANCE OF TERMS
This Affiliate Terms of Service Agreement (the "Agreement") is a legal agreement and contains all of the terms and conditions between Webs, Inc., a Delaware corporation ("Webs") doing business as Pagemodo and you, together with any company or other business entity you are representing, if any, (collectively, ”you” or the "Affiliate") who is participating in the Webs Affiliate Program (the "Program"). BY JOINING AS AN AFFILIATE IN THE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS IN THIS AGREEMENT. If you do not agree to the terms of this Agreement, do not join the Program. You agree that Webs may change the terms of this Agreement in its sole discretion at any time without notice. If you do not agree to the changes proposed by Webs, or to any terms in this Agreement, your sole and exclusive remedy is to cancel your participation in the Program. Notwithstanding the foregoing, Webs reserves the right to terminate, cancel, suspend or refuse access to the Program to anyone in its sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Program shall be subject to this Agreement. You can view the most current version of this Agreement at any time at: http://www.pagemodo.com/affiliates#tos.
2. AFFILIATE REFERRALS
- Referral Link. You can earn a commission for purchases made by every Member (as defined in Section 5.1 below) you refer to Webs. To be eligible for such commissions, each referral must originate from a specially-coded Referral Link and make a successful purchase within thirty (30) days of referral. For purposes of this Agreement, "Referral Link" means a visible graphic or textual indication which, when selected by an end user, directs the end user's Internet browser connection to a Webs-specified page or file via a URL and which establishes a direct connection between the browser and the Webs-specified page or file. You agree to place the Referral Link on the Affiliate website or otherwise provide the Referral Link to a respective Member, which will allow Webs to track any person, entity or otherwise who clicks through the Referral Link to register for the Webs services.
- Linking to Webs. The necessary electronic graphic artwork and corresponding links to Webs website and all HTML thereto for the Referral Link is made available to you via ShareASale Affiliate Network. You may not modify or alter the Referral Link without prior written consent of Webs. The HTML for such link will also include a special promotion identifier that enables the tracking and reporting of all Members acquired through the Referral Link. You must ensure that each of the links between your site and Webs properly utilizes our Referral Link formats and guidelines.
- Tracking and Reporting. For the purposes of this Agreement, tracking and reporting will be provided by ShareASale Affiliate Network, the third party provider responsible for serving Referral Links and providing tracking, reporting and payment in connection with this Agreement. You agree and acknowledge that the statistics and reports provided by ShareASale are the official, definitive and final measurements of the number of Members that have originated from the Referral Link as well as the fees payable to Affiliate from Webs pursuant to the terms of this Agreement.
3. MARKETING AND PROMOTIONS
- License Grant of Webs Marks. Subject to all the terms and conditions of this Agreement, Webs hereby grants Affiliate a nonexclusive, non-transferable license to use the Webs trademarks, logos, and copyrighted material ("Webs Marks") solely on the Affiliate's website and solely in connection with this Agreement. Affiliate hereby acknowledges and agrees that (i) the Webs Marks are owned solely and exclusively by Webs, (ii) except as set forth herein, Affiliate has no right, title or interest in or to the Webs Marks; and (iii) all use of the Webs Marks by Affiliate shall inure to the benefit of Webs. Affiliate agrees that it shall not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and/or reputation of Webs or of any Webs Marks and to use the Webs Marks solely in the manner in which Webs shall specify from time to time in Webs's sole discretion.
- Marketing Practices. With respect to soliciting Members and marketing the Webs services, all advertising and promotional materials are subject to the terms of this Agreement. You further agree to: (i) be solely responsible for all expenses and fees incurred in connection with the participation in the Program; (ii) not engage in any deceptive, misleading, illegal, or unethical practices that may be detrimental to Webs or its products or services; (iii) not misrepresent or exaggerate your relationship with Webs or to issue, without our express prior written consent, any press release with regards to this Agreement or your participation in the Program; (iv) not make any representations, warranties, or guarantees on behalf of Webs, or otherwise concerning Webs services that are inconsistent with or in addition to any such representations, warranties, or guarantees made by Webs; and (v) use the then-current name as used by Webs (but will not represent or imply that Affiliate is an employee, part of, or affiliated with Webs); (vi) will disclose the relationship with Webs on all reviews, social media promotions, etc.... Webs reserves the right to disqualify commissions earned through fraudulent, illegal, or questionable sales or overly-aggressive marketing methods.
- Search Marketing Restrictions. You agree not to bid on, or include in search copy, words which may include or be related to Webs Marks or similar terms, which may include but not be limited to, “Pagemodo,” “www.Pagemodo.com,” “Webs,” “Freewebs,” “www.Webs.com,” or “www.freewebs.com.” You agree not to use your affiliate link to directly link to Webs.com from an ad. And you agree not to run ads impersonating Webs or implying the ad is served by Webs.
4. AFFILIATE REPRESENTATIONS AND WARRANTIES
Affiliate represents and warrants that:
- Affiliate has the full and legal power and authority to enter into this Agreement, and/or to perform its obligations hereunder.
- By entering into this Agreement, Affiliate does not violate any other agreement by which Affiliate is bound.
- With respect to any performance hereunder, Affiliate shall comply with good business practices and all applicable laws, orders, judgments, licenses, permits, regulations and rules of any government body or agency or other competent authority. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, CAN-SPAM Act of 2003 and all other anti-spam laws.
- Any website created or built by Affiliate shall not include (i) child pornography, abuse or obscene content, (ii) libelous or illegal content, or (iii) any other inappropriate materials.
5. PAYMENT TERMS
- Earning Commissions. Subject to the terms and conditions of this Agreement and pursuant to the then-current Commission Schedule set forth on http://www.pagemodo.com/affiliates#tos (the "Commission Schedule"), Affiliate will be paid a commission fee ("Commission Fee") on a monthly basis by ShareASale Affiliate Network for each person referred by the Affiliate who signs up for a Webs membership and purchases a Webs Premium Service subscription plan within thirty (30) days of referral (the "Member"). For a current listing of Webs Premium Service subscription plans (the “Premium Services”), see http://www.pagemodo.com/pricing. For Affiliate to earn a Commission Fee for a Member, the Member must have i) followed the Referral Link that is provided to Member by Affiliate to the Webs website; ii) the Member must have successfully subscribed to a Premium Service; iii) Webs must have received valid payment from Member for the Premium Service within thirty (30) days of referral; and iv) Member does not cancel their subscription within the thirty (30) day grace period or issue a chargeback for the payment. Note that only purchases made within thirty (30) days of referral qualify for commission.
- Taxes. Excluding any taxes based on Webs's income, Affiliate shall be solely responsible for all tax returns and payments required to be filed with or made to any federal, state or local tax authority based on Affiliate's revenue or income under this Agreement.
- Fraud. Webs shall have no obligation to pay Commission Fees to Affiliate for Members if it is determined in good faith by Webs that there has been fraudulent activity on the Affiliate's website. Furthermore, Webs shall have no obligation to pay commission fees to Affiliate in the event of Member obtaining a charge back or refund or if Webs determines in good faith that the purchases were made for Affiliate’s own Webs account(s).
- Changes to Payment Terms. Webs reserves the right to change these payment terms and Commission Schedule at any time, but will notify all Affiliates thirty (30) days prior to such change. Commissions earned under the previous terms will be paid under the previous terms, and those earned under the new terms will be paid under the new terms.
6. TERM OF THE AGREEMENT
- Term and Termination. The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, upon providing written notice to the other party.
- Effect of Termination. In the event that this Agreement is terminated for any reason, Affiliate will only be eligible for Commission Fees earned prior to termination. Upon termination or expiration of this Agreement, all licenses granted under this Agreement shall terminate and Affiliate will immediately cease use of, and remove from the Affiliate's website, all Webs Marks and Referral Links. Provisions of this Agreement which by their express terms or context impose continuing obligations on the parties will survive the expiration or termination of this Agreement for any reason.
7. INDEMNIFICATION
Affiliate shall defend and indemnify at its expense, and hold Webs and each of its affiliates, directors, officers, agents, and employees harmless from losses, damages, liabilities, costs and expenses, including without limitation, any proceeding, investigation or claim, to the fullest extent permitted by law arising out of or in connection with: (a) Affiliate's performance under this Agreement; (b) an assertion that the information, content or other materials or services provided or made available by Affiliate infringe any copyright, patent, trademark or other property right of any third party; (c) any breach by Affiliate of its obligations, representations and warranties under this Agreement; or (d) any claim related to the content on Affiliate's website or related communication. Affiliate shall notify Webs promptly in writing of any claim or proceeding involving Webs.
8. DISCLAIMERS
WEBS MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE PGROGRAM, OR THAT THE WEBS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND DISCLAIMS ANY LIABILITY FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
WEBS SHALL NOT BE LIABLE OR OBLIGATED UNDER ANY SECTION OF THIS AGREEMENT, OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES IN CONNECTION WITH THIS AGREEMENT OR PROGRAM, EVEN IF WEBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WEBS BE LIABLE TO AFFILIATE OR ANY THIRD PARTY IN AN AGGREGATE AMOUNT GREATER THAN THE AMOUNT PAID TO AFFILIATE BY WEBS HEREUNDER.
9. ARBITRATION
Affiliate agrees that any dispute or claim arising out of or related to this Agreement, any transactions or activities under this Agreement, your relationship with us or any of our affiliates, or the interpretation, making, performance, breach or termination of this Agreement, shall be finally settled by binding, confidential arbitration in the state of Maryland under the American Arbitration Association Rules by one arbitrator appointed in accordance with said Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. Affiliate agrees that any claim against Webs must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary, otherwise such claim will be barred forever. Notwithstanding the foregoing, Webs may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
10. INDEPENDENT CONTRACTOR
The parties are independent contractors and no agency, partnership, franchise, joint venture or employment relationship is intended or created by this Agreement. Neither party has the power or authority as agent, employee or any other capacity to represent, act for, bind or otherwise create or assume any obligation on behalf of the other party for any purpose whatsoever. Affiliate is solely responsible for all of its employees or agents and its labor costs and expenses arising therewith.
11. GENERAL
This Agreement will be governed by the laws of the United States and the state of Maryland. This Agreement may not be assigned by either party without the prior written consent of the non-assigning party. Notwithstanding the foregoing, Webs may assign this Agreement to any acquirer of all or of substantially all of its equity securities, assets or business related to the subject matter of this Agreement. Any attempted assignment in violation of this Agreement shall be null and void and without effect. This Agreement sets forth the entire understanding and agreement of the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements or understandings between the parties as to the subject matter of this Agreement (including, but not limited to, any prior versions of the Agreement). In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Headings and captions are for convenience only and are not to be used in the interpretation of this Agreement. The failure of Webs to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.
12. ADWARE
Webs enforces a zero tolerance policy for adware. Adware as defined by Webs is any software, toolbar or device that can set a cookie without a click, show an ad over another person’s website or take credit for a sale that was not referred off of the Affiliate’s own website. Adware can include but is not limited to toolbars, BHOs, reminderware, couponware, loyaltyware, PPV advertising, interstitial advertising, contextual advertising, etc. If found using this type of method, all sales, regardless of origin will be immediately reversed and the Affiliate will be terminated with or without warning.
Pagemodo Affiliate Program FAQs
How do I get in contact with you if I have a problem or question?
Contact our Affiliate Manager by writing to affiliates@webs.com.
How much does it cost to join the Pagemodo Affiliate Program?
Nothing! The Pagemodo Affiliate Program is free to join and participate in. We are the ones paying you for promoting us, so there’s no reason why you should have to pay to join the program.
Can I join if I am a current or previous Pagemodo customer?
Yes. Who better to promote Pagemodo than the people who have used or still use our services?
What platform do you use to administer the Affiliate Program?
We use ShareASale. ShareASale provides the technology that enables us to add and manage affiliates and ensure that commissions are paid accurately and on a timely basis.
When will I get paid?
You will get paid when ShareASale pays their affiliates. ShareASale pays out on the 20th of the month for the affiliates who have met the minimum payout criteria collectively across all merchants.
What is your minimum payment threshold?
Although we do not have a minimum payment threshold, ShareASale does. You’ll have to check with them by either submitting a ticket through their system or adjusting your own threshold by editing your account settings. You can always contact them as well by writing to shareasale@shareasale.com.
Why do you not allow PPV, Contextual, Toolbars, BHOs, Couponware, Reminderware, Pop-ups, etc.?
Because the end user may or may not have opted into the adware you are using--but the webmaster whose site you are showing ads over never opted in. If you show an ad over the Pagemodo website when a shopper reaches our site, you have to understand that we did not opt in to having you show ads on our site either. This is why we do not approve of this type of marketing or behavior. To us, this is essentially stealing traffic and will not be tolerated, even if your adware is not active within our program.
Why do you not allow trademark bidding?
If you are bidding on our trademarks then you are not bringing in new customers who have never heard of us. You may also be overwriting another affiliate’s cookie if the person found us through their site and then did a search to come back and find us again. Just like from our own internal efforts, the other affiliate did the work to introduce us to the new job seeker or customer, which is why we feel they should get the credit and not someone who is bidding on the trademark.
Why do you have such tight restrictions on coupon sites?
Although we are not opposed to partnering with coupon sites, we do not want to work with the coupon sites that only want to optimize for our trademarks or extensions of our trademarks. The goal of our Affiliate Program is to reach a new audience that we cannot reach on our own. By having coupon sites show up for Pagemodo coupons and tagging people with affiliate’s cookies that were already on our site, we would not benefit from this. Coupon sites that add us to their newsletters every month or show up and send traffic off of terms like “Facebook fan page coupons” do reach an audience we cannot reach and add value to us.
Why was I rejected?
If your application was rejected you can always write to us to find out why. Please remember that just because you were rejected doesn’t mean that we don’t want to partner with you. A rejection is also not a reflection on the quality of your site. Here is a list of common list of reasons why some affiliate applications get rejected:
- You did not list a working site on your application.
- You did not respond back to the email we sent you through the ShareASale interface.
- You did not have an FTC Affiliate advertising disclosure.
- You have a coupon or loyalty site without any content relevant to Pagemodo products and services.
- We did not see where there would be a good fit with the sites that you have listed.
- We did not feel the content or other advertisers would be a good fit with the Pagemodo brand.
Just because your application was declined doesn’t mean we do not want to work with you. Please write to us at affiliates@webs.com and we’ll look at your application again.
I don't see the banner sizes that I need for my sites. Can I create my own?
We do not encourage you to design your own banners. Instead let us know what size and what you need on them and we will gladly create them for you. Please contact us by writing to affiliates@webs.com and we’ll put your request in the graphic design department’s queue.
Tips on Promoting the Pagemodo Affiliate Program
PPC Marketing
Pay Per Click (PPC) is a great way to drive sales and leads with the Pagemodo Affiliate Program. What we recommend is to look for the longtail keyword phrases and add on modifiers like “cheap Facebook page builders” or “buy Facebook Fanpage templates”.
Some more phrases you may want to try are:
- Create a Facebook fanpage
- Facebook fanpage designs
- How to create a Facebook Fanpage
- Facebook Fanpage apps
- Free Facebook Fanpage apps
- Free Facebook Fanpage templates
- Cheap Facebook Fanpage designs
Pagemodo recommends that if you choose to use PPC, that you drive people to a landing page instead of directly to our site. By driving visitors to a landing page you’ll not only be able to try and get them to sign up for a newsletter so you can remarket to them over and over, but you’ll also be able to have a themed site that they can return to for more recommendations.
Article and Content Ideas
Pagemodo is more than happy to help write content and copy with or for you. If you want control over the article, though, and are stuck with writer’s block, here are a few topics that you may want to use to promote Pagemodo’s products:
- 5 social networking tools that small businesses need.
- Ways to get customers for (insert: small companies, salons, restaurants, hotels, shops, real estate, colleges, crafts, art, etc.).
- The days of paying a design firm are over. Use Pagemodo and other tools to create a professional-looking Facebook Page inexpensively.
- How to socialize your company.
- 5 ways to get social with your company.
- 10 resources to grow your business (Pagemodo can be used as a way to promote your business, gain new fans/customers, and send more traffic to your website).
What makes Pagemodo different from other similar services?
Pagemodo is built for simplicity and affordability. Thanks to Pagemodo’s Pagebuilder, entrepreneurs don’t need to have any technical or design skills to create fresh, stylish Facebook pages that attract fans and promote their businesses. We offer 24 hour support and tons of resources for getting Pagemodo-made Facebook pages off the ground. We offer a wide variety of beautiful and dynamic templates to choose from, and also have apps for fan coupons, video, contact forms, maps, twitter feeds, and more. Our Pagemodo Pagebuilder tool is fast, fun and easy to use.
With over 500 Million users on Facebook, everyone should be able to have their business listed. Because many small businesses don’t know how to get started, Pagemodo is the perfect solution. By becoming a Pagemodo Affiliate, you’ll be able to help your website traffic discover how easy it is to have their business on Facebook within minutes. What’s even better is that when they purchase a subscription to our services, you’ll earn a commission.
The Pagemodo Affiliate Program works hard to provide one of the most ethical Affiliate environments by constantly patrolling for adware as well as other types of unethical practices to keep your cookies and commissions safe. The Pagemodo Affiliate Program is proud to offer our Affiliate partners:
- 38%-55% commission tiers
- 30 day cookies
- Custom creatives
- Video creative (coming soon)
- Parasite resistance
- Dedicated and attentive affiliate management
- Bonuses based on performance
The Pagemodo Affiliate Program encourages success and welcomes the following types of affiliates:
- Content sites
- Bloggers
- Article Marketers
- PPC Affiliates (some restrictions apply)
- Coupon and loyalty sites (some restrictions apply)
- Email affiliates (some restrictions apply)
- Comparison engines
- Job boards and directories
- Small business information sites
- Sites for social media solutions
- And more!
How the Pagemodo Affiliate Program Works
- Register and get approved to join our program through the ShareASale Affiliate Network
- Have friends, family and website visitors sign up for Pagemodo by clicking on your affiliate banners and text links which you place on your website, Facebook Page or in your double opt-in email campaigns.
- You earn money when the Pagemodo users who you refer to us buy a subscription to our services!
Join the Pagemodo Affiliate Program now and discover why we have the leading affiliate program for the Facebook Page building industry.
Click to join! Become a Pagemodo Affiliate