Please read this entire agreement so you know and understand the program rules!
This agreement describes the terms and conditions for participation in the Gravity Forms affiliate program. In this agreement, the term "Affiliate" refers to you (the applicant). In this agreement, Gravity Forms refers to the product owner and publisher, Rocketgenius, Inc.).
The Gravity Forms affiliate program administered in part through a 3rd party affiliate management company called EJunkie (www.e-junkie.com), and in part through our own internal affiliate system.
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Affiliate Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of the change.
To enroll in the affiliate program, you must submit an affiliate application and be approved. Applications are processed every Friday and applicants will be notified of their acceptance status as soon as possible after their information is reviewed.
You will be issued a special URL once you become an approved member of the Gravity Forms Affiliate Program which will be unique to you and you only, and will allow you to be paid for affiliate referrals.
Affiliates will receive 20% of the revenue as a commission from orders placed through properly coded Affiliate links (unless noted otherwise for a particular product). Commissions may change at the discretion of the product publisher, Gravity Forms commissions may increase during limited time special promotions, but they will return thereafter to the regular 20% commission rate.
For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered through the secure order system. Word of mouth referrals will not result in an affiliate commission being generated. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate.
Gravity Forms pays affiliates via a PayPal account, provided to us when a member joins. If the PayPal email changes, it is the responsibility of the affiliate to notify the Affiliate Program (ejunkie)to ensure proper commission payments. We will not resend payments returned due to incorrect payment email addresses.
Gravity Forms will be solely responsible for processing every order placed by a customer via affiliate links. Affiliates are not authorized to collect payments or sell any Gravity Forms products from other websites as a "reseller" and no "resale" rights are granted in ANY way. Affiliates are not authorized to sell any of these products on ebay or other auction sites. Affiliates are not authorized to give away copies of any of these products. Gravity Forms will also be solely responsible for all customer service inquires. All affiliates understand and acknowledge that no physical products will be shipped.
Customers who purchase products and services through the Gravity Forms Affiliate Program will be deemed to be customers of Gravity Forms. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Gravity Forms policies will always determine the price paid by the customer.
Gravity Forms reserves the right to refuse any site entry into the Gravity Forms Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include sites which:
The following are permitted uses of the Gravity Forms brand and marketing resources
The following cases prohibited and are grounds for immediate termination of the affiliate account.
Gravity Forms strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, twitter, facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:
If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department at email@example.com
Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on our behalf. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.
The term of this Agreement will begin when you accept and will end when terminated by either party. Either Gravity Forms or the affiliate may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate's Web Site, all links to the Gravity Forms websites, and all Gravity Forms trademarks and logos, other Gravity Forms marks and all other materials provided in connection with this program.
Gravity Forms will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to the affiliate under to this Agreement.
We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate's potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and Gravity Forms will not be liable for the consequences of any interruptions or errors.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
By signing up with the Gravity Forms Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.