Last updated on November 02, 2020. This Affiliate Marketing Policy is effective immediately.
There is NO PURCHASE necessary and NO UP-FRONT FEES to participate in our Affiliate Program. To become an Affiliate you must signup and you will automatically be eligible to participate in the Affiliate Program. Each time one of your direct referrals purchases any one of our Paid Membership Packages from the gomof.com web site, you will receive a commission based on our Independent Affiliate Program. See Earning Disclaimer for details.
Marketing On Fire (hereinafter referred to as ("MOF")
Definitions and Interpretations
You/Yourself/Your/Yours
An individual either seeking to become, or approved as being, a gomof.com Independent Affiliate Program (IAP) of gomof.com, and the Products and brands it represents.
The Independent Affiliate Program
The Independent Affiliate Program (IAP) operated by gomof.com (MOF). If you are not already a of the Independent Affiliate Program of MOF and the Independent Affiliate Brands it represents, MOF reserves the right to evaluate your application and approve or reject it at our sole and absolute discretion.
Upon successfully enrolling as an Independent Affiliate, you will be issued an Independent Affiliate website, through which all relevant data relating to your activities as an Independent Affiliate will be tracked.
The Agreement
Any form of communication (including, but not limited to: e-mail, The full MOF terms and conditions agreement, as entered into by you and MOF is defined in these terms and conditions. The current version of The Agreement replaces all previous terms and conditions used by the MOF. You should also note that if you are successfully enrolled as an Independent Affiliate and you are subsequently determined to be unsuitable for the IAP, we may terminate The Agreement and close your Independent Affiliate Account.
Bonus and Promotion
The terms "Bonus" and "Promotion" cover all incentives offered to Affilaites. These include, but are not restricted to: "free money/cash/funds", "free loyalty points", "cash-back", vouchers, rebates, discounts, and/or similar rewards new and existing for free or at a discounted rate in conjunction with any of the Brands we promote.
Brand
The term "Brand" applies to MOF products and any parties on whose behalf we offer any service (including, but not restricted to, Independent Affiliate marketing), and includes, but is not restricted to: all names, trademarks, trade names, websites, concepts and identities under which these entities operate and are recognized in the public domain globally or nationally. These include, but are not restricted to: MOF products and that of its Independent Affiliate brands.
Chargeback
The reversal of a payment previously made to us or to a brand we represent by a Customer, or by the 's payment provider on behalf of the . In the event of a Chargeback occurring, the Chargeback will be deducted from any earnings pending or approved due to the independent Affiliate.
Commission
An agreed sum, method or rate paid by us to you. The Commission is paid according to the Independent Affiliate Rewards Program (IAP)
and /Independent Affiliate Account
"The " is a person referred or directed by you to MOF or one of our Independent Affiliated Brands using your unique tracking code who subsequently purchases one of the MOF products or its Independent Affiliated brands. The use of your unique tracking code links this to your Independent Affiliate account. By opening a Account, the becomes a Customer of our brand, and is subject to the same rules, policies, rights and restrictions and operating procedures as any other of the brand's registered s. In the event, that you refer a person to one of our Independent Affiliated Brands who subsequently opens a account but does not make a purchase (joins as a free ), that person shall still be linked to your account, but shall under these terms and conditions not qualify as an Independent Affiliate until they have made four VIP sales.
Fraud and Fraudulent Activity
"Fraud" and "Fraudulent Activity" are actions or attempted actions we and/or our Independent Affiliated Brands consider to be deliberate attempts on the part of a or yourself to gain via unlawful or unethical means a real or potential advantage at our expense or the expense of one of our Independent Affiliated Brands. This also includes Fraud Costs.
Fraud Costs
"Fraud Costs" constitute any charges or costs (financial or otherwise) incurred by ourselves and/or our Independent Affiliated Brands as a direct or indirect result of fraud committed by you or any s who have been referred to MOF or our Independent Affiliated brands.
Intellectual Property Rights
"Intellectual Property Rights" includes, but is not restricted to: any rights relating to the conceptual and design ownership of computer software (including source code), databases, know-how, designs, topography, domain names, trademarks, copyrights, brands, business names and utility models, and any registrations or registration applications relating to any of the aforementioned and/or the nature of any of the aforementioned.
Product
The online gomof.com Courses offered by MOF or the products of one of its Independent Affiliate brands for sale to customers.
Sub-Independent Affiliate(s)
An individual referred to us by you who subsequently becomes a and/or an Independent Affiliate of MOF and any of its Independent Affiliated brands. All such Sub-Affiliate will be linked to your Independent Affiliate Account provided the Sub-Independent Affiliate(s) signs up using one of your Sub-Independent Affiliate referral links.
Spam
Any form of communication (including, but not limited to: e-mail, SMS/text messaging, and online forum/website comment/social media spam) sent by you to any number of individuals and companies where the communication is considered to be unwanted and/or unsolicited. You should be aware that you are strictly prohibited from engaging in such practices under the terms of The Agreement.
Us/We/Our/ Brand(s)/Our Brand(s)
MOF , and all the Brands it represents and all relevant websites including all national domain variations held by MOF.
MOF website and the Independent Affiliate Backend
The MOF website refers to gomof.com The Independent Affiliate Backend is defined as the management system for Independent Affiliate through which you can access various functions and assets (including, but not restricted to reports, marketing assets and tracking link generation tools), and can only be accessed using the username and password for your Independent Affiliate Account. Any information contained within the Independent Affiliate Backend is to be considered confidential.
General Terms
The following terms and conditions fully define and govern the MOF terms and conditions agreement ("The Agreement"). Please read these terms carefully prior to submitting your Independent Affiliate registration and using this service. By ticking the "I have read and agree with the terms and conditions agreement" checkbox on the registration form, submitting your registration, you are declaring that you submit to and will be fully be bound by these terms and conditions in their entirety for the duration of The Agreement.
Upon completion of the registration process, you will be provisionally accepted into The Independent Affiliate Rewards Program, subject to a subsequent review by MOF, at a time of MOF'S choosing. Should we deem you to be unsuitable for The Independent Affiliate Rewards Program, we reserve the right to terminate The Agreement and close your Independent Affiliate Account. In the event, that we suspect you to be in breach of the terms of The Agreement, we reserve the right to investigate your activities, and suspend and/or close your Independent Affiliate Account should we deem, at our sole discretion, these suspicions to be correct.
Should you not agree with any of these terms and conditions, please do not proceed with the registration process. If you have submitted the registration process without agreeing to the terms and conditions and/or were not authorized to do so, please contact us as soon as possible. Furthermore, once you have successfully registered as an Independent Affiliate with us, continued use of any asset, product or service made available to you by MOF and/or our Independent Affiliated Brands (including, but not restricted to: your Independent Affiliate Account, the Independent Affiliate Backend, text and media assets, data, software and tracking links) shall confirm your continued acceptance of the terms and conditions of The Agreement, and your willingness to comply with these terms and conditions in their entirety. As an Independent Affiliate, you accept sole responsibility for ensuring that the manner in which our Independent Affiliated Brands are promoted fully complies with all relevant local laws in your country or territory of domicile throughout the life of this Agreement, including any and all changes to those laws. In the event that we, ourselves and/or our Independent Affiliated Brands suffer harm or loss of any nature due to your failure to comply with these laws, you agree to accept full and exclusive liability for this, and to absolve MOF and/or our Independent Affiliated brands of any civil or criminal liability or responsibility in the matter.
In the event that you feel you are unable to honor any aspect of The Agreement, you are urged not to join The Independent Affiliate Rewards Program. Furthermore, we reserve the right, at our sole discretion, to terminate The Agreement and close your Independent Affiliate Account if we or our Independent Affiliated Brands determine that you are in breach of, the terms of The Agreement.
The Agreement shall be governed by the laws of Wyoming. Both parties agree to enter into The Agreement in good faith, and agree to adhere to the points of The Agreement and act within the spirit of The Agreement at all times.
Independent Affiliate Registration Process
Although we undertake to carry out our activities as the Independent Affiliate marketing agent of our Independent Affiliated Brands, we may use third parties for certain activities, including, but not restricted to, the processing of certain forms of payments, creation of assets, or Independent Affiliate management. Where such third parties are enlisted, they will act solely on behalf of MOF, which will carry full responsibility for the proper and full execution of The Agreement.
Our Independent Affiliate Program is free to join" by ticking the "Check here to join our Independent Affiliate Program and "I have read and agree with the terms and conditions agreement" checkbox on the form, you will be accepted into The Independent Affiliate Rewards Program on a provisional basis. During this period, you will be subject to the same obligations and entitlements as a confirmed Independent Affiliate would under the terms of The Agreement (including, but not restricted to, the non-transferrable right to refer customers to our products or Independent Affiliated Brands). At a time of its choosing, International MOF shall review your Independent Affiliate Account to determine, at its sole discretion, if you are suitable for inclusion in The MOF Independent Affiliate Rewards Program. Upon successfully passing this review, the provisional period shall end and you shall be confirmed as a standard Independent Affiliate. In the event, that we conclude that you are unsuitable for inclusion, we reserve the right to terminate The Agreement and close your Independent Affiliate Account.
Unless expressly agreed in writing by you and us, both parties shall remain solely responsible for any and all costs (including investment and/or operating costs) they individually incur as a result of entering into The Agreement and its terms and conditions, and shall not hold the other party liable for such charges.
Upon successfully registering as an Independent Affiliate of MOF and our Independent Affiliated Brands, you will be given a revocable, non-exclusive, non-transferable, royalty free, worldwide license to use a selection of pre-approved marketing content which you can use solely to promote the corresponding brand on your website, in direct marketing communications (such as e-mail) and/or print publications and adverts. These may include, but are not restricted to: adverts (including "banner", "skyscraper" and "MPU" ads), imagery and other media assets, logos and texts. Under no circumstance may the license and/or pre-approved content be transferred or otherwise shared or permitted to be used by Sub-Affiliate, and any good will resulting from Independent Affiliate use of marketing content will inure solely to our benefit and will not create any right in your favor.
You may use pre-approved Marketing Content straight away with no additional permission required from us or our Independent Affiliated Brands. However, such materials remain the property of MOF and/or our Independent Affiliated Brands, and may not be edited, cropped or otherwise altered without our express written permission, nor may you use other assets that have not been approved without our express written permission. In the event, that a previously pre-approved Marketing Content is replaced or made unavailable to you for whatever reason, it is your responsibility to ensure the necessary changes are made to your website, communications and/or print operations to reflect this. Should you have any questions, please contact us.
As an Independent Affiliate, the income you earn through the referral of s and Sub-Affiliates, and the promotion of our Independent Affiliated Brands and our Independent Affiliated Brands' Products shall be based on the Commission rates as per the MOF Independent Affiliate Rewards Program. Payments will be facilitated by us in accordance with these terms and conditions. MOF reserves the right to amend or alter payment methods and payment terms at any time, at its sole discretion. It is your sole responsibility to remain informed about the latest version of the terms and conditions of The Agreement.
Independent Affiliate Rights and Obligations
By registering for the MOF Rewards Program as per these terms and conditions, you acknowledge that under The Agreement, you are not granted any rights or privileges to assist in the provision of service by our Independent Affiliated Brands to your referred s. You also acknowledge that as an Independent Affiliate, you may only lay claim to Commissions and/or any other form of compensation relating to business secured by yourself. You are not permitted to modify, edit, crop or in any way alter the appearance of approved marketing content, or any other content we or our Independent Affiliated Brands make available to you, without obtaining our prior written approval. Nor may you refer to us, our products and our Independent Affiliated Brands' Products in any promotional materials without our prior written approval. The sole pre-approved and permitted way our Independent Affiliated Brands' Products may be represented by you is using the Hypertext transfer links, either in the form of a standard link, embedded text link, or a "clickable" banner, Skyscraper or MPU advert using approved advert imagery, at appropriate points.
As an Independent Affiliate, you are solely responsible for ensuring that the correct tracking code(s) is utilized to refer s from your website(s) to us/our Independent Affiliated Brands. MOF and our Independent Affiliated Brands consider the act of knowingly benefiting from traffic that has been generated in an illegal or unethical manner (including all forms of Spam) to be a Fraudulent Activity. As an Independent Affiliate, you agree not to knowingly employ or benefit from such methods of traffic generation.
In the event that MOF, at its sole discretion, deems you to have willingly engaged in such practices, MOF will retain your commissions. This decision shall be final and no correspondence will be entered into on this subject between the parties. Furthermore, MOF reserves the right to retain all current and future earnings due to you. In the event that you have unknowingly engaged in such activities, MOF reserves the right to withhold any commission payments (such as referral fees) due to you that have resulted from such activities.
As an Independent Affiliate, it is your sole responsibility to ensure that your website or publication is operated in an appropriate, legally and ethically correct manner, including that all offers, promotions, news, marketing and other forms of coverage of our Independent Affiliated Brands are up to date. Furthermore, you accept that MOF and our Independent Affiliated Brands are in no way responsible or liable for any costs or issues incurred in the maintaining of your operation.
The licenses and permissions granted to you in The Agreement are non-transferrable and you are precluded from sub-licensing, assigning or otherwise attempting to transfer these to a third party without first obtaining the written permission of MOF. You also recognize that MOF and/or our Independent Affiliated Brands shall at all times remain the sole owner(s) of this Intellectual Property, and you will at no time during the term of The Agreement or at any point thereafter contest this, or attempt to render this invalid or unenforceable. As an Independent Affiliate, you are not permitted to use any Content or Trademarks that are made available to you by us in a way that is detrimental to the reputation or goodwill of MOF or our Independent Affiliated Brands.
MOF LTD Rights and Obligations
Upon registration we grant you a non-exclusive, non-transferable license, during the term of this Agreement, to use our trademarks, service marks, trade names, logos, designations, copyrights and other proprietary rights ("Intellectual Property") solely in connection with the display of banners and other media material made available by us to you and relevant, appropriate content on your website or publication. You are not permitted to use the aforementioned materials made available to you under this license in any other way without our written permission to do so. MOF will issue you with links for inclusion on your website which will, among other things, be used to track s referred by you to us/our Independent Affiliated Brands. MOF, reserves the rights to update these links occasionally. Once you have embedded the links as per the instructions provided, MOF will make all reasonable efforts to ensure that any referred by your website to one of our Independent Affiliated Brands, who subsequently becomes a , shall be designated as originating from you. However, MOF shall not be held liable if it is unable to determine the origin of a referred (e.g. as a result of the misplacing or incorrect use of links on your website).
MOF is entitled to enlist the assistance of third parties and use whatever technical platforms it sees fit to assist it in the execution of The Agreement.
MOF reserves the right to review, at any time, your website(s)/publication(s) to ensure it complies with the terms and conditions of The Agreement. As an Independent Affiliate, you agree to provide us with the necessary information to enable us to do so, at no charge to ourselves or our Independent Affiliated Brands.
We reserve the right to amend, alter, delete or add to, any of the terms and conditions contained in The Agreement, at our sole discretion. In the event, that the terms and conditions of The Agreement are amended, altered, expanded or in any other way changed, you shall be informed of this by means of the publication of the updated terms on the gomof.com website. MOF views it as your sole responsibility to remain informed about the latest version of the terms and conditions of The Agreement at all times, and considers the publication of these on its website to be sufficient for you to inform yourself of any changes. However, to assist you in this, we may make reasonable efforts to notify you of changes to the terms and conditions of The Agreement.
After notification, your continued use of the gomof.com website shall constitute your acceptance of the revised terms. If you do not agree with any revised terms, please contact us at the earliest opportunity. Please be sure to review the terms and conditions of The Agreement periodically.
PLEASE NOTE: YOU ARE NOT PERMITTED TO MAKE, OR ATTEMPT TO MAKE, MODIFICATIONS, AMENDMENTS, ALTERATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS TO THE AGREEMENT. ANY ATTEMPTS TO DO SO SHALL NOT BE RECOGNIZED BY MOF AND SHALL BE NULL AND VOID.
Employees, officers or agents of MOF or our Independent Affiliated Brands are not authorized to verbally alter, modify or waive any provision of The Agreement.
Independent Affiliate and Limitations
By submitting to the terms and conditions of The Agreement, you agree that you:
Are not permitted to have more than one Independent Affiliate Account.
Shall not earn Commission on the Net Revenue of any Sub-Independent Affiliate if they are your employee, director, shareholder or agent, and you are a juristic entity; or, in the case that you are a natural person, they are your employee or agent.
Shall not offer any potential Sub-Independent Affiliate, whether directly or indirectly, an incentive or benefit (including, but not limited to, the payment of money) for using the services provided by ourselves or our Independent Affiliated Brands via your operation (for instance, using links on your website to access the site(s) of our Independent Affiliated Brands and open a account).
Will not attempt to modify, redirect, substitute or in any way interfere with the operation of any interactive feature found on The MOF website or any of our Independent Affiliated Brands' websites.
Will under no circumstances attempt to read, record or intercept any information submitted via the gomof.com website, or any of our Independent Affiliated Brands' websites by any other individual or entity (including, but not restricted to, electronic forms), nor will you attempt to submit such information on behalf of an individual or entity.
Will not perform, or attempt to perform, transactions of any kind on behalf of any other individual or entity, or assist or encourage any other individual or entity in doing so.
You will not attempt to artificially increase your rate of commission or any other payments due to you from us.
Are at least 18-years-old, or have reached the age of majority in your country or territory of domicile (whichever age is greater). MOF reserves the right at any time to request that you produce proof of identity and billing address. Failure to produce adequate documentation may be interpreted as Fraud.
You will be prohibited from reapplying for a new Independent Affiliate Account in the event that you have had an Independent Affiliate Account with us previously that has been closed due to a breach of the terms and conditions of The Agreement, and fail to disclose this.
You will not claim, or attempt to claim, commission on a new Independent Affiliate or Sub-Independent Affiliate Account created by an individual or entity who already has another Independent Affiliate Account registered with us.
Unless otherwise stated in The Agreement or by prior written agreement by you, us, our Independent Affiliated Brands and/or any other affected party, all parties agree that all information contained within The Agreement shall be treated as strictly confidential and handled as such. This includes, but is not restricted to the terms of The Agreement, and all data and/or technology that has been transferred or made available to a party or parties as a part of The Agreement. All parties shall be prohibited from directly or indirectly utilizing such information and/or technology for any means (including all business purposes) throughout the lifetime of The Agreement and beyond, unless it should become publicly accessible through a source other than the involved parties.
By agreeing to the terms of The Agreement, you may become privy to Confidential Information and/or technologies that are used by MOF and/or our Independent Affiliated Brands in our daily operations and other areas of our business(es). As an Independent Affiliate, you agree to safeguard this Confidential Information from disclosure and unauthorized access and use, whether accidental or deliberate, by third parties, without first obtaining the express written permission of ourselves and/or any other affected party that you may do so, for the express purpose of executing The Agreement. In the event, that The Agreement is terminated, this obligation shall remain in place. As an Independent Affiliate, you are required to comply with all relevant data protection laws in your country or territory of domicile, as well as those of any country or territory in which you operate. As an Independent Affiliate, you are strictly prohibited from engaging, whether directly or indirectly, in money laundering or comparable illegal activities.
Under the laws of some of the countries and territories that we and our Independent Affiliated Brands operate in, MOF has a legal obligation to inform local and/or federal authorities if we are aware, or have grounds to suspect, or suspect that you are, indirectly or directly, involved any illegal financial activity including, but not restricted to: handling funds derived from illegal activities, concealing funds derived from illegal activities, or using, or attempting to use, The Independent Affiliate Rewards Program to facilitate any form of criminal activity. Should MOF and/or any of our Independent Affiliated Brands know or suspect you to be guilty of any of the prohibited activities outlined above, we reserve the right to suspend, and/or close your Independent Affiliate Account, and suspend payments to you with immediate effect and with no prior warning.
At its sole discretion and/or where required to do so by law, MOF also reserves the right to report you to any relevant authorities in your country or territory of domicile and/or business activity, with no prior warning to you.
MOF considers the use of domain names, brand names and any attempts to purchase or bid for internet search engines, keywords based on our or our Independent Affiliated Brands' trademarks (including, but not restricted to: gomof.com, MOF, gomof.com and also including .uk, .info, .biz etc. and all other variations thereof or words which may be similar to the point of being potentially confusing to individuals and/or companies), to be a breach of the good faith between the two parties as outlined in the terms and conditions.
The use of our or our Independent Affiliated Brands' brand names or words that are similar enough to potentially confuse individuals and/or companies (including, but not restricted to: (including, but not restricted to: gomof.com, MOF, gomof.com, and also including all variations thereof or words which may be similar to the point of being potentially confusing to individuals and/or companies), in your website's URLs is restricted. Brand names or similar words may under no circumstances be used as domains or subdomains.
Examples of acceptable use of our Brand Names in Independent Affiliate URLs include:
gomof.com/ref/asdfasdfasd
Examples of disallowed ways of using of our brand names in Independent Affiliate URLs include:
mktgonfire.yourIndependent Affiliatesite.com
mktgonfireIndependentAffiliatesite.com
Should we feel that you have infringed upon this point, it shall be considered to be a breach of the good faith as outlined in terms and conditions.
You agree to ensure that the appearance of your website shall in no way resemble the websites of gomof.com (including its language-specific subversions), MOF or the websites of any of our Independent Affiliated Brands. You also agree not to use anything that may, directly or indirectly, give the impression that your site is gomof.com, MOF or any of our other brands, or part thereof.
MOF and our Independent Affiliate Brands do not approve of the use of Spam. Under the terms of The Agreement, Independent Affiliates are prohibited from directly and/or indirectly participating in, benefiting from, or otherwise employing practices deemed to involve the generation, processing or dissemination of Spam.
In the event that you are found to be in breach of the Spam provisions of The Agreement, and that there are insufficient funds in your Independent Affiliate Account, MOF and our Independent Affiliated Brands reserve the right to seek alternative methods for obtaining funds from you. Should your Independent Affiliate Account be inactive and no longer generating profits through commission, we reserve the right to demand payment for the full sum directly from you.
If you wish to report a case of Spam, or have questions regarding our Spam policy, please contact us.
As an Independent Affiliate, you shall not make or offer any claims, representations or warranties on behalf of MOF, gomof.com or any of our Independent Affiliated Brands, nor shall you enter us into any obligations beyond those stated in the terms and conditions of The Agreement without our prior written approval.
Commission and Payment Terms
You shall be entitled to receive Commission on your s/Independent Affiliate purchases, effective from their first purchase, except in the event that The Agreement is terminated for whatever reason.
You will be able to access your Independent Affiliate Backend using your Independent Affiliate Account username and password. MOF reserves the right, where it deems necessary, to change the content, frequency, style and formatting of these reports. In order for us to successfully track your commissions in the system, it is your responsibility to ensure all provided tracking links are correctly implemented on your website(s) or publication(s). In the event that you do not employ the correct tracking links, you will not be eligible for Commission payments due for s who have been referred using the incorrect tracking links. By agreeing to the terms and conditions of The Agreement, you understand and accept that access to the secure areas of the gomof.com Independent Affiliate website (i.e. those areas which require a login to access, including but not limited to, the Independent Affiliate Backend) is subject to stringent confidentiality requirements. Any intentional or unintentional misuse of these facilities shall constitute a substantial breach of the terms and conditions of The Agreement.
Your Referral fees will be based on a good-faith calculation by us, based on our statistics. The required minimum amount due by us before a request for payment can be made by you is $100.00.
In the event, that we suspect you of Fraud or any other form of illegal activity, MOF reserves the right to request you provide us with adequate proof of identity, place of residence and/or billing address, and/or bank details at any time and without notice. Failure to provide us with adequate documentation in a timely manner may result in the suspension of some or all of your payments until we are satisfied that no fraud exists.
Payments shall be made each calendar month. By entering into The Agreement, you herewith confirm that you accept that MOF may, from time to time and at its sole discretion, change the payment method used to pay your Commission. In the event, that such a change is required, it is your responsibility to ensure you have an account with a supported payment method into which your earnings can be paid.
Commissions and payments shall be processed exclusively in US Dollars. By entering into The Agreement, you agree not to hold MOF or our Independent Affiliated Brands liable for any currency conversion charges your bank or payment method provider chooses to apply when receiving the funds. Payments shall be approved within 7 days of completing your pay board. Commissions are processed automatically by the system, so there is no need for you to file an invoice. You can see your current earnings from within the Independent Affiliate Backend.
As an Independent Affiliate, it is your sole responsibility to ensure the payment details you provide in your Independent Affiliate Account are up to date at all times. Payments made by us to you will be made solely to the method and account you provide in application. Any payment issued to the details as provided in your Independent Affiliate Account will be considered to be final. We reserve the right to deduct any costs MOF and/or our Independent Affiliated Brands may incur as a direct result of your failure to provide correct payment information from your future earnings.
In the event, that you have been paid an incorrect amount (such as being overpaid in a given month) MOF shall make reasonable effort to come to an amicable repayment schedule with you to correct the amounts. In the event that this is not possible, we reserve the right to deduct, at our sole discretion, amounts from your current or future earnings until the correct balance has been restored. In the event, that you still have an outstanding payment in the system that cannot be paid to you for any reason (including, but not restricted to: payment information that is incorrect, missing or invalid), and if you fail to respond to all reasonable attempts to contact you (including, but not restricted to, via the telephone number, address or e-mail address you provided when registering) after a six month period, you shall forfeit all claim to that payment and the payment shall be cancelled.
Sub-Affiliate
Each Independent Affiliate you successfully refer to us is known as your Sub-Independent Affiliate. In order to successfully register a Sub-Independent Affiliate, the Sub-Independent Affiliate must be registered for The Independent Affiliate Rewards Program using the Sub-Independent Affiliate referral link provided to you in the Independent Affiliate Backend. You are solely responsible for ensuring the Sub-Independent Affiliate's registration is completed properly. Failure to complete any of the steps correctly may result in the Sub-Independent Affiliate failing to be linked to you. Sub-Affiliate shall be subject to the same post-registration review process as regular Independent Affiliates.
Sub-Affiliates must be new registrants, and cannot be existing Independent Affiliate Account holders, or have previously been Independent Affiliate of MOF and have had their account terminated for any reason. You are prohibited from attempting to register yourself as a Sub-Affiliate Affiliate.
As per the terms and conditions of The Agreement, MOF reserves the right, at its sole discretion, to investigate a Sub-Independent Affiliate referred to us by you if we suspect You have, directly or indirectly, offered the Sub-Independent Affiliate an incentive or benefit (including, but not limited to, the payment of money) for using the services provided by ourselves and/or our Independent Affiliated Brands in exchange for them being referred to the said services by you.
You are a juristic entity, and the Sub-Independent Affiliate is your employee, director, shareholder or agent.
You are a natural person, and the Sub-Independent Affiliate is your employee, agent or a direct family . MOF reserves the right, at its sole discretion, to deal with Sub-Independent Affiliate account fraud (including, but not restricted to, failure to comply with the aforementioned rules), by:
Merging duplicated accounts unlinking the Sub-Independent Affiliate(s) from your Independent The use of our or our Independent Affiliated Brands' brand names or words that are similar enough to potentially confuse individuals and/or companies (including, but not restricted to: (including, but not restricted to: gomof.com, MOF, gomof.com, and also including all variations thereof or words which may be similar to the point of being potentially confusing to individuals and/or companies), in your website's URLs is restricted. Brand names or similar words may under no circumstances be used as domains or subdomains.
Examples of acceptable use of our Brand Names in Independent Affiliate URLs include:
gomof.com/asdfasdfasd
Examples of disallowed ways of using of our brand names in Independent Affiliate URLs include:
mktgonfire.yourIndependent Affiliatesite.com
In the event that MOF, at its sole discretion, deems you to have participated in any activity considered to be Spam, we reserve the right to place your Independent Affiliate Account under review and suspend payments with immediate effect, pending the outcome of our review. Should we or any of our Independent Affiliated Brands incur expenses and/or damages in dealing with your Spam activities, or suffer any temporary or permanent loss of service or availability (including, but not restricted to, the blocking of one or more of our websites by Internet Service Providers), the corresponding amount will be deducted from your Independent Affiliate Account. Should this occur, the final amount will be deemed to be fair and acceptable to you.
Warranties
By entering into The Agreement, both parties declare that they have, and shall continue to have, the required legal authority to enter into The Agreement and fulfill its obligations as specified in these terms and conditions in their entirety. This includes, but is not restricted to, the issuing of rights and licenses as described in these terms and conditions, including when acting on behalf of another party (such as our Independent Affiliated Brands).
By entering into The Agreement, both parties declare themselves to be in possession of all required authorizations, permissions, registrations and licenses required to fulfill their obligations as described in these terms and conditions in their entirety and in accordance with all applicable laws and regulations, and shall maintain these in order to meet such obligations for the duration of The Agreement.
As an Independent Affiliate, you undertake not to publish material on your website that may be deemed to be Inappropriate Content. Inappropriate Content includes, but is not restricted to: content that is pornographic, narcotic, unlawful, harmful, obscene, defamatory, threatening, harassing, politically sensitive, violent and/or that discriminates on the basis of race, ethnicity, religion, gender, age, disability or sexual orientation. You also undertake not to publish copyrighted material, or in any way use Intellectual Property which you are not authorized to use.
As an Independent Affiliate, you warrant that you shall comply with all relevant provisions of the following: the Data Protection Act; the Privacy and Electronic Communications Regulations; Directive 2009/136/EC on Electronic Communications; and any related legislation. You are strictly prohibited from promoting or offering the gomof.com Independent Affiliate program services to anyone below the age of 18 or the age of majority in your country or territory of domicile and/or the country or countries your website targets (whichever age is greater). This includes, but is not restricted to, the publishing of content that could be deemed to be appealing to children and/or under-aged people.
Disclaimer
Although we and our Independent Affiliated Brands make every effort to ensure our Independent Affiliated Brands' websites are operational at all times, neither we nor our Independent Affiliated Brands offer any assurances that the services we and our Independent Affiliated Brands offer you and your s/Independent Affiliate will be uninterrupted and/or error-free. As a result, neither we nor our Independent Affiliated Brands will be liable for the consequences that arise from a loss of service or any other errors.
Indemnity
As an Independent Affiliate, you shall defend, indemnify and hold us, our Independent Affiliated Brands and any third parties we may use (including, but not restricted to: payment service providers, contractors, agents and suppliers), our/their directors, employees and representatives, harmless from and against any liabilities, damages, losses or costs (including reasonable legal expenses) including any associated taxes, that may, directly or indirectly, be a consequence of:
Any injury that has arisen as a result of your actions or failings, whether deliberate or accidental, and whether direct or indirect. Unauthorized or otherwise inappropriate use of any marketing material or links made available by us or our Independent Affiliated Brands to you. Furthermore, you shall indemnify and hold Us and our Independent Affiliated Brands harmless from all claims, losses, damages and expenses (including reasonable legal expenses), along with any relevant tax fees that may arise as a result of the operation and content of your website.
Exclusion of Liability
The terms and conditions shall not limit our Independent Affiliated Brands' liability in the event of willful misconduct. Neither MOF nor our Independent Affiliated Brands shall be liable in any way for the following:
Term and Termination
The Agreement shall commence upon your completion of the registration process. It shall then endure until such a time or until notice of termination is served in writing by either party, for any given reason. Examples of reasons for which MOF and/or our Independent Affiliated Brands may terminate the Agreement at our/their sole discretion include, but are not restricted to:
Should The Agreement be terminated for any reason, you undertake to do the following:
You shall continue to be eligible to earn until the date of termination of The Agreement, but not beyond this date. In order to ensure the accuracy of your final payment, we maintain the right to withhold payment for up to two months while the final amount is calculated.In the event that you are granted permission to continue to generate revenue after the date of termination of The Agreement, this shall not constitute, nor should be interpreted as, a renewal of the Agreement or an Overturning of its Cancellation. In the event that The Agreement is cancelled, all licenses granted to you as an Independent Affiliate (both under The Agreement and any subsequently) shall be cancelled effective from the date of cancellation.
Upon successful termination of The Agreement, both parties agree to absolve the other of any commitments or obligations beyond the date of termination of The Agreement, with the exception of any clauses specified in The Agreement designed to endure beyond the date of termination of The Agreement, and the relevant portions of other clauses required for such clauses to remain active.
General
The Agreement includes no provisions, nor shall it be interpreted as, an Affiliateship or employment contract between you and us, and/or our Independent Affiliated Brands. The Agreement does not authorize one party to act as a representative of the other, or in any way act in the name of, or on behalf of, the other (including, but not limited to, offering any warranty or assurance on behalf of the other party, or entering the other party into any form of obligation or liability on its behalf). The relationship between you and us and/or our Independent Affiliated Brands is defined as being contractors.
As an Independent Affiliate, you are not an employee of MOF or any of our Independent Affiliated Brands, and will not be treated as such with regards to the tax or social welfare contribution payments system of any country whatsoever.
As an Independent Affiliate, The Agreement and any rights and licenses granted to you are granted to you specifically and may not be transferred, sub-licensed or sub-contracted to any other party (whether assigned at law or in equity). Any attempt to initiate such a transfer shall be deemed to be a breach of The Agreement, and as an Independent Affiliate, you shall continue to be liable for meeting your obligations and commitments.
Should it be ruled by a court of law or a relevant administrative or regulatory body that any provisions of The Agreement are invalid or unenforceable, this shall have no bearing on the validity or enforce-ability on all remaining provisions of The Agreement, which shall remain in effect. Both parties undertake not to reveal or communicate Confidential Information made available to them by the other party to any third party, with the exception of any professional or legal representatives it may use who in turn have a confidentiality agreement with that party, or where it is required to do so by law by a regulatory or legal authority. This Confidential Information includes, but is not restricted to, confidential information relating to the business or affairs of one of the parties, their associated companies (including our Independent Affiliated Brands), and their customers. Both parties shall make reasonable efforts to ensure such information is not disclosed.
Unless required to do so by law, neither party shall make any public declarations or announcements relating to The Agreement, or any of its clauses, without receiving the express written permission of the other party first. The Agreement shall be construed in accordance with and be governed by the laws of the state of Wyoming. In the event that a claim, dispute or matter arising from or in connection with the Agreement and its enforce-ability cannot be settled by both parties, each party irrevocably submits to Arbitration in Wyoming.