Affiliate Terms of Service

Businessese Affiliate Program Terms and Conditions

The following terms (“Affiliate Terms”) constitute an agreement between Businessese, LLC, a Nevada limited liability company (“Businessese”), and you (“Affiliate”) that governs your participation in the Businessese Affiliate Program.

These terms were last updated on July 23, 2023. 

BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

  • Overview

This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Businessese's Affiliate Program (“Affiliate Program”). The purpose of this Agreement is to allow HTML linking between you and the Businessese website. Please note that throughout this Agreement, “we,” “us,” and “our” refer to Businessese, and “you,” “your,” and “yours” refer to Affiliate.

  • Becoming an Affiliate

To become an affiliate, you must submit an application, which is located here. If your application is approved, we will send you a notification via email. 

We reserve the right to deny your application for any reason in our sole discretion. 

Please note that we do not accept applications for coupon or deal sites. 

We also reserve the right to terminate your affiliate account at any time. 

  • Affiliate Obligations

      1. We may cancel your membership or deny your application if we determine that your content is unsuitable for our Affiliate Program, including if it:
        1. Promotes sexually explicit materials; 
        2. Promotes violence; 
        3. Promotes discrimination of any kind, for example, based on race, sex, religion, nationality, disability, sexual orientation, or age;
        4. Promotes illegal activities or those which go against our core values; 
        5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law;
        6. Includes “Businessese” or variations or misspellings thereof in its domain name;
        7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion; 
        8. Contains software downloads that potentially enable diversions of commission from other affiliates in the Affiliate Program;
        9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Businessese or any other affiliated business; and,
        10. Fails to abide by FTC rules related to disclosure.
      2. As a member of our Affiliate Program, you will have access to the Affiliate Area, which contains the following:
        1. Your affiliate URLs, which must be used for tracking commissions
        2. Creative assets related to Businessese
        3. A dashboard regarding your activity in the program, such as sales. 
      3. In order for us to accurately keep track of all potential referrals, you must use the appropriate URL that we provide you. 
      4. We reserve the right, at any time, to review your placement and approve the use of your affiliate links and require that you change the placement or use to comply with the guidelines provided to you.
      5. The maintenance and updating of your content will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date with regard to any information regarding Businessese. 
      6. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third-party rights.
  • Businessese Rights and Obligations

      1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your content that we feel should be made, or to make sure that your links to our content are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in our Affiliate Program.
      2. We reserve the right to terminate this Agreement and your participation in our Affiliate Program immediately and without notice to you should you commit fraud in your use of the Businessese Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Businessese shall not be liable to you for any commissions for such fraudulent sales.
      3. This Agreement will begin upon our acceptance of your Affiliate application and will continue unless terminated hereunder.
  • Termination

Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form an email addressed to [email protected]. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

  • Modification

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email through the email address we have on record. Modifications may include, but are not limited to, changes in the payment procedures and our Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in our Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

  • Payment

You will receive a commission of 30% of the sale for any sale using your affiliate link. If your affiliate link is not used, you will not receive payment. 

We use Paypal to fulfill all commission payments. Payments for referrals for each month will be paid on or before the final day of the following month. For example, referrals during the month of January will be paid on or before the final day of February.

  • Communication

When you join our Affiliate Program, you agree to receive periodic communications from us. This may include notification of upcoming promotions or other information which may be useful to you as an affiliate. 

  • Promotion Restrictions

      1. You are free to promote your Affiliate Program URL on your own websites or social media channels, as long as the channel accepts promotional messages. 
      2. Any promotion that mentions Businessese could be perceived by the public or the press as a joint effort. If it is not a joint effort, please take care to ensure this is clear to the public.  
      3. We prohibit certain forms of advertising. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial channels and cross-posting to multiple channels at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. 
      4. You may use newsletters to customers to promote Businessese so long as the recipient is already a customer or subscriber of your services, and recipients have the option to remove themselves from future mailings by unsubscribing. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
      5. Affiliates, that among other keywords or exclusively, bid in their Pay-Per-Click campaigns on keywords such as Businessese, www.businessese.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from our Affiliate Program. We will do everything possible to contact the Affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior. 
      6. Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads.
      7. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited our site (i.e., no page from our site or any Businessese content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Businessese site in IFrames, hidden links and automatic pop ups that open Businessese’s site; (d) targets text on web sites, other than those websites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
  • Grant of Licenses

      1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of our Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Businessese and the goodwill associated therewith will inure to the sole benefit of Businessese.
      2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. 
      3. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
  • Disclaimer

BUSINESSESE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE BUSINESSESE SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF BUSINESSESE'S ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

BUSINESSESE MAKES NO REPRESENTATIONS ABOUT THE AMOUNT OF MONEY THAT YOU MAY EARN. ANY STATEMENTS REGARDING FUTURE EARNINGS ARE EXAMPLES OF WHAT MAY HAPPEN AND ARE NOT A GUARANTEE.

  • Representations and Warranties

You represent and warrant that:

  1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
  2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
  3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
  • Limitations of Liability

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL BUSINESSESE'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

  • Indemnification

You hereby agree to indemnify and hold harmless Businessese, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us. 

  • Confidentiality

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

From time to time, we may ask you to keep information regarding upcoming promotions confidential until a certain date. You agree to respect these requests and not disclose any information until permitted. 

You are strictly prohibited from entering our Confidential Information into any generative artificial intelligence tool.

  • Miscellaneous

    1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Businessese. You will have no authority to make or accept any offers or representations on our behalf. 
    2. You may not assign your rights or obligations under this Agreement to any third party, except to a party who obtains all or substantially all of your business or assets.
    3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Nevada without regard to the conflicts of laws and principles thereof. If there is any dispute arising from the Agreement, you agree to personal jurisdiction and venue in the State and Federal courts of the United States located in the State of Nevada, Clark County.
    4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties. 
    5. This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.
    6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
    7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.