Terms & Conditions

Introduction

This Agreement governs your use of the Network (referred to as “Services” or the “FlexOffers.com Publisher / Affiliate Network”) provided by FlexOffers.com, LLC. The use of any of the Services is conditioned on your acceptance of this Agreement. By using any of the Services and by selecting the terms and conditions box on the registration form, you (The Publisher) accept and agree to be bound by all the terms and conditions of this Agreement, wherein it relates to both the Services offered by FlexOffers.com and Network Advertisers (referred to as “Advertisers”).

Definitions

For purposes of these Terms:

“Network” or “Services” means the FlexOffers.com Publisher / Affiliate Network platform, tracking technology, promotional tools, and related services provided by FlexOffers.com.

“Publisher” means any individual or entity that registers for and participates in the Network to promote Advertiser programs.

“Advertiser” means any merchant, brand, or business that offers affiliate marketing programs through the Network.

“Links” means tracking URLs, banners, creatives, and promotional materials provided through the Network.

“Traffic Source” means any website, mobile application, email list, social media account, advertising placement, software, or other location where Publisher displays Links or promotional content.

“Approved Traffic Source” means a Traffic Source that has been submitted to and approved by FlexOffers for participation on the Network platform generally.

An Approved Traffic Source may apply for participation in individual Advertiser programs, and may be approved or declined by the applicable Advertiser or FlexOffers for that specific program. Publisher will not receive access to Advertiser Links, creative materials, or program promotion rights unless and until the Traffic Source is approved for that Advertiser program.

“Program Terms” means the additional terms and conditions imposed by an Advertiser for its specific affiliate program.

“Sub-Affiliate” means any third party engaged by Publisher to generate traffic, promote Links, or perform marketing activities on Publisher’s behalf.

1. Services Offered

a. FlexOffers.com will grant you access to the FlexOffers.com Network and the Services for which you have been registered via the Publisher registration form, all of which are subject to the terms and conditions of this Agreement.

b. As part of the services offered by FlexOffers.com, you consent to the request, collection, processing and storage of personal information including your name, address, phone number, email address, banking information, tax information, and IP address.

Such information is used for identifying and validating logins, personalizing services, creating reports and analytics, announcing program and network updates, announcing new program opportunities from advertisers in our network, ensuring compliant behavior, permitting communications from our employees, making payments, and staying compliant with applicable laws and advertiser agreements.

We may retain this information, even if you close your account or become deactivated for legal and compliance purposes.

If you have questions or requests regarding this information, please email [email protected].

c. You consent that any information provided to FlexOffers.com either through registration, the platform, or any form of communication to employees or contractors who work for FlexOffers.com, may also be provided to other 3rd party services with which FlexOffers.com has either a partnership or other working relationship to, either for payment purposes, compliance reasons, or advertiser requests, and such actions will not require the prior written consent from the Publisher.

d. Access to our platform requires that we validate your identity using common “2-factor” authentication which will send codes to the mobile device whose information you will provide during registration.

By agreeing to these terms, you consent to receive text messages or similar electronic notices to facilitate this authentication and provide you with a secure login experience.

2. Publisher Agreement

a. The Publisher shall not make any representations, warranties or other statements concerning the Advertisers, the Advertiser’s site, or the Advertiser’s products beyond what is reasonable and accurate.

b. The Publisher understands that the Advertiser owns and shall retain all rights to its names, logos, trademarks, service marks, and copyrights.

c. These rights give Advertisers the ability to restrict Publisher’s use of their names, logos, trademarks, service marks and copyrights.

This agreement gives the Publisher limited, non-exclusive rights to advertiser links and/or other promotional materials provided through the Network.

3. Use of Links and Promotional Materials

a. The Services provide access to marketing content, creative, and trackable links that Publishers use to send their interested visitors to Advertiser websites where they may take commissionable actions.

The links contain unique tracking information which is tied to the Publisher’s approved traffic sources and approved Advertiser promotions.

b. The Publisher will only use links to areas within the Advertiser’s site using special URLs obtained through the Network.

The Publisher may use as many links, as much Network content, or marketing materials as is provided by the Services.

c. The authorized use of tracking links and marketing content is non-transferable.

The Publisher may not allow links or Network content to be used with other traffic sources that are not disclosed and approved, including but not limited to social media accounts or email lists.

The Publisher may not alter the links in any way, aside from any alteration that is conducted through the publisher platform, such as shortened URLs, sub-ID tracking, and custom campaigns.

Tracking links provided by Flexoffers.com are exclusive and specific to the traffic source for which they have been approved.

Links which have been approved for one traffic source may not be used with any other traffic source.

d. FlexOffers.com may terminate Advertiser links at any time.

If such an action occurs, the Publisher must remove the terminated links and corresponding promotional materials from any traffic source on which they appear.

4. Promotional Methods and Link Placement

a. FlexOffers.com marketing materials and/or links cannot be placed near any of the following content (nor appear on websites which contain or link to such content):

Any pornography, nudity, or any other sexual or adult material.

Any content that violates or infringes in any way upon the statutory, common law, or proprietary rights of others, including but not limited to copyrights, trademark rights, patents, or any other third party intellectual property, contract, privacy, or publicity rights.

Any gambling, hate, propaganda, or material that encourages or promotes illegal activity or violence.

Any material that promotes or utilizes software or services designed to deliver unsolicited e–mail.

Any misrepresentations or material that is threatening, abusive, harassing, defamatory, obscene, profane, indecent, or otherwise objectionable, offensive, or harmful.

Any material that violates any local, state, or national law or regulation.

Any other material that FlexOffers.com, in its sole discretion, determines to be inappropriate.

b. Traffic submitted to FlexOffers.com campaign must be provided transparently, and the referring URL must be an accurate, complete, and unmasked URL from the referring registered and approved traffic source.

c. Links must not be presented in ways which would be reasonably considered as misleading or sent with fraudulent information, including but not limited to any program or device that would otherwise manipulate the routing, or the tracking of traffic sent to advertiser programs.

d. The creative materials of Advertisers provided by the network cannot be combined with those found in other affiliate networks for the same or similar products or services.

Publishers are granted licensing rights to use the content provided through the network only in conjunction with the advertising links provided through the network.

e. Links and/or content from FlexOffers.com must be placed in locations that can be freely accessed by FlexOffers.com without having to login or supply a password.

If your content is to appear in emails sent to a mailing list, arrangements must be made with FlexOffers.com so that lists are seeded with one or more FlexOffers.com email addresses.

All traffic sources where FlexOffers.com links are placed must always be accessible and viewable to FlexOffers.com and its advertisers. If advertiser links are desired to be used in a format that is not viewable through the Internet, such as through newspapers, television ads, or other media, prior approval from FlexOffers.com is required.

g. Publishers may not place tracking links or ad creative in third party newsgroups, message boards, comments sections, unsolicited email or other types of spam, link
farms, counters, chat rooms, classified ads, or guest books.

h. Publishers that participate in approved search engine marketing may not link directly to the advertiser’s website using affiliate links, unless the advertiser’s individual terms and conditions specifically state that direct linking is allowed.

i. When buying media placements using keyword bidding, such as PPC bidding onsearch engines, bidding on the trademarked terms belonging to any Advertiser is
 not permitted. In addition, some Advertisers may list other keyword terms which you must also not use. The accidental appearance of your advertisements for banned terms such as these is not an accepted excuse for this violation. The use of negative keywords to ensure compliance is recommended.

j. Browser Extensions must be specially approved by the Network. Their normal functions must not cause cookies to drop or credit to be claimed for the user without an affirmative click. Extensions must follow best practices and stand-down policies to avoid claiming credit for the actions of another publisher. Contact [email protected] for additional details.

k. Unless exempted by special request and documented in writing, publishers are not permitted to utilize popups, pop-unders, push advertising, or any other advertising unit which forces browser navigation without an affirmative and informed click from the user.

l. Excessive amounts of transactions which are generated with duplicate IP addresses or the same unique tracking identifiers may be considered fraudulent.

m. Publishers may not promote any Advertiser program through email, newsletters, SMS, push notifications, or similar direct marketing methods unless expressly approved in advance in writing by FlexOffers and the applicable Advertiser.

n. Where such written approval is granted, Publisher represents and warrants that it maintains verifiable lawful consent for each recipient as required by applicable law, and that all communications comply with all applicable marketing and anti-spam regulations.

o. Publisher must maintain all consent records, opt-in documentation, suppression lists, and campaign logs for a minimum of five (5) years, and must provide such records to FlexOffers or an Advertiser within five (5) business days of written request.

p. Publisher may not use deceptive subject lines, misleading discount claims, falsified header information, or unauthorized domain names in any direct marketing promotion.

q. With the exception of approved subnetwork traffic sources, Publisher may not outsource, assign, sublicense, or delegate any promotional activity, traffic generation, email marketing, or advertising placement related to the Network to any third party, subcontractor, or sub-affiliate without FlexOffers’ prior written consent.

r. Approved Subnetwork Exception. If Publisher operates an approved subnetwork traffic source, Publisher may permit third parties within that approved subnetwork to promote Advertiser programs only where FlexOffers has expressly authorized such subnetwork activity in writing, and only subject to the following conditions:

(i) Publisher remains fully responsible and liable for all acts, omissions, and compliance of its subnetwork participants, vendors, or downstream partners;

(ii)Publisher must ensure that all subnetwork participants comply fully with these Terms, all Advertiser program restrictions, and all applicable laws;

(iii) Publisher must maintain complete transparency regarding the traffic sources, promotional methods, and identities of subnetwork participants upon request; and

(iv) Publisher must promptly remove or suspend any subnetwork participant that FlexOffers reasonably believes is engaging in prohibited, deceptive, or unlawful activity.

s. Except where expressly authorized in writing, any activity conducted by a third party, vendor, contractor, marketing agency, or sub-affiliate shall be deemed Publisher’s activity for purposes of these Terms, and Publisher shall remain fully liable for all such conduct.

5. Payment Processing – Advance Payment

The Advance Payment service allows you (the “Publisher”) to receive early payments of amounts due to you from FlexOffers.com in exchange for a fee.

This service is only available for qualified publishers who have been approved by FlexOffers.com for Advance Payments.

a. You may receive a payment earlier than NET 60 terms (see Payment Processing – Standard Payment). This is called an Advance Payment.

If you accept the Advance Payment, the third party capital provider (the “Payment Accelerator”) will make the payment to you in the same manner that it would have been made by FlexOffers.com (same payment method, name, bank account number, address, etc. as applicable).

In some situations, there may be a fee for this service, so you will receive less than the amount FlexOffers.com originally owed to you; however, you will receive the payment earlier than the payment due date.

b. If you accept the offer: “Accept and Get paid now,” you are accepting the Advance Payment and agreeing to the terms and conditions of the Advance Payment agreement.

Once you accept an Advance Payment, you will no longer be entitled to receive the full amount of the payment owed to you by FlexOffers.com.

c. If FlexOffers.com determines that the original amount was incorrect, FlexOffers.com may request a refund from the Publisher in the amount of the adjustment.

Any adjustment is between the Publisher and FlexOffers.com and the fact that you have received an Advance Payment shall not relieve you of your liability to FlexOffers.com.

You hereby agree to repay FlexOffers.com in the event of an adjustment.

d. In exchange for receiving the Advance Payment, you agree to accept a payment that is less than the amount that FlexOffers.com agreed to pay you (“Reduced Payment”).

The difference between the original amount owed to you by FlexOffers.com, and the amount of the Reduced Payment, is the fee.

The fee is based on the number of days between the time you accept the Early Payment Offer and the original payment due date.

The amount of the fee is provided to you with the Early Payment Offer.

e. Qualification requirements for Advance Payment for publishers depends on a number of factors, such as, but not limited to the history of payments made from FlexOffers.com to publisher, percentage of chargebacks, concentration of advertiser accounts, accounts in overall good-standing, and other variables.

The qualification requirements are decided by FlexOffers.com and only publishers in approved status for Advance Payments, will be able to participate in the Advance Payment service.

f. The processing fee for the Advance Payment service averages between 3% – 6% and varies depending on the advance option selected for payment date, the sooner the payment, the higher the fee.

Keep in mind, these fees are subject to change and based on variable rates.

6. Payment Processing – Standard Payment

a. FlexOffers.com pays Publishers every month on NET 60 terms.

This means that commissions earned during the month of March (1st – 31st) are processed 60 days later, on May 31st.

Payments will be issued on the 1st-7th of the following month (June 1-7, in our example) or during the NET 60 grace period.

b. The NET 60 grace period is the period which payments are processed and sent to publishers, within 10 business days after the closing payment date.

This allows for events where the payment date falls on a weekend, holiday, or other scenarios that may result in slightly delayed payments.

c. The publisher understands that, to continue to be maintained on a NET 60 payment process, the publisher must continue to have reported sales until payment date.

This amount is based on a 60-day average that must be equal to or greater than the total number of sales produced in the prior month.

If the publisher’s 60-day sale average falls below these criteria, FlexOffers.com reserves the right to hold payments until payment is received from the advertiser.

d. If payments are reversed from the advertiser for whatever reason, the publisher understands that the existing balance will be credited back to FlexOffers.com, even if those sales are not related to the exact advertiser reversing the sales.

For example, if FlexOffers.com has already paid the publisher on “ABC” sales, and if advertiser “XYZ” must reverse the sales, FlexOffers.com will credit back to FlexOffers.com from the publisher’s existing balance of all sales.

FlexOffers.com also holds the right to credit back from any other account the Publisher has with FlexOffers.com if so required.

A credit is defined as a reversal of ACH payment, a stop payment on a check, wire reversal, and/or charge backs applied to the entire FlexOffers.com Publisher Account.

e. It is the Publisher’s responsibility to maintain accurate payment information, which can be updated and regularly managed through the “Account” section of FlexOffers.com.

Failure to maintain accurate payment information may result in delay of payment.

f. All payments made to publishers require the accumulation of a minimum balance (called a threshold) of earned and confirmed commissions prior to payment.

At the end of each month, a publisher’s account has either reached the minimum balance or the balance is carried over to the following month.

A processing fee is applied to each monthly payment as shown below.

Check
Monthly threshold (USD) $25
Processing Fee: $3 / payment

Local Bank Transfer
Monthly threshold (USD) $25
Processing Fee: $1 / payment

Available only if Publisher is incorporated in the US and receiving payments in the US; or a company incorporated in the EU and receiving payments in the EU. Available in USD and EUR currency only.

Local Bank Transfer (UK)
Monthly threshold (USD) $25
Processing Fee: $1.5 / payment

Available only if Publisher is incorporated in the UK and receiving payments in the UK. Available in GBP currency only.

International ACH
Monthly threshold (USD) $25
Processing Fee: $5 / payment

International ACH, also known as eCheck.

Wire Transfer – U.S
Monthly threshold (USD) $1,000
Processing Fee: $15 / payment

Wire transfer to U.S. Payee account

Wire Transfer – Non-US in USD
Monthly threshold (USD) $1,000
Processing Fee: $26 / payment

Wire transfer to non-U.S. Payee account in USD

Wire Transfer – Non-U.S., non-USD
Monthly threshold (USD) $1,000
Processing Fee: $20 / payment

Wire transfer to non-U.S. Payee account, not in USD

PayPal
Monthly threshold (USD) $25
Processing Fee: $1 / payment

Provider transaction fees apply

g. Reporting of sales or leads in the client interface (https://publisherpro.flexoffers.com) will show transactions for the publisher’s account.

However, final approval for these transactions are pending final verification from auditing processes, any possible chargebacks due to any advertiser mistakes or possible fraudulent transactions, and final payment from the advertiser.

Payments to publishers are considered 100% approved only when payment is issued to the publisher.

h. Publishers understand that any chargebacks of sales, regardless of the reason, can be debited from the balance on any account owned by the publisher, even if the current balance is not comprised of commissions from the same advertiser(s) that issue the chargebacks.

i. NET 60 payment terms apply to all publisher accounts; however, any special agreements with publishers based on volume thresholds or other criteria will override the standard NET 60 payment terms, if already agreed upon by the publisher and FlexOffers.com.

j. If Advertisers withhold, reduce, or fail to issue payment for transactions in the Publisher’s account, FlexOffers.com may also withhold payment on the Publisher account until those Advertiser payments are made.

If such withholdings are the result of a compliance inquiry, some or all of the Publisher’s payment may be withheld while an investigation is conducted by the Advertiser and FlexOffers.com.

k. In the event of a payment error, where FlexOffers.com overpays a publisher of the network, communication will be provided to the publisher and the publisher understands and will abide to providing a return of any excessive payments, regardless of the reason behind the error or amount, to FlexOffers.com, within 30 days’ notice from FlexOffers.com.

7. Privacy Policy Requirement

A Privacy Policy must be created and made available for consumers and other visitors for each applicable Publisher traffic source, such as a website.

It must be accurate and conspicuous.

You are solely responsible for creating the privacy policy and it should comply with all regulations and laws which are applicable to you.

The policy must disclose whether and how any user information is captured, and how it is used.

Some laws may additionally require you to disclose the purpose of your data collection, the duration you intend to keep it, and other requirements detailed in those regulations.

You are expected to maintain and update your privacy policy to remain compliant.

8. Support Services

a. FlexOffers.com will provide all Publishers with support services, such as, but not limited to: Online support through the FlexOffers.com Support Center, phone support, and general email support services during regular business hours, except holidays.

b. It is our goal to reply to all communications within 2 business days of receipt, however, there may be times in which such communications may take longer.

If our reply exceeds the 2-business day goal, it is the publisher’s responsibility to contact the support team at [email protected].

c. The support team provided to the publishers of the FlexOffers.com Network will do their best to answer all inquiries to the best of their knowledge, but the FlexOffers.com owners, shareholders, and chairpersons do not guarantee that all information provided by Publisher service is 100% accurate and may at times be subject to change, adjustment, or additional inquiries. If the support team has misinformed the publisher due to incorrect information provided to the support team by the advertiser and/or a mistake on their part, the support team will do their best to clarify all mistakes within a reasonable amount of time.

d. Publishers are not allowed to recruit services, employ, or otherwise contract employees, or former employees of FlexOffers.com, for any service. This applies to both active publishers of FlexOffers.com and inactive publishers, regardless of account status.

9. Maintaining Content

a. The Publisher is responsible for making sure that all information promoting any of the products provided by FlexOffers.com is accurate.

Regardless of the method a Publisher uses to receive or display FlexOffers.com content, Publishers are required to regularly review and update such content to ensure accuracy and compliance.

b. FlexOffers.com will periodically monitor Publisher traffic sources and traffic reports to assure accuracy in the use of all content provided through the various content formats.

Unless otherwise specified, Publishers who are contacted by FlexOffers.com for content usage adjustments must abide by all requests within two business days of notification or risk having actions taken by the compliance department.

10. Approved Traffic Sources

a. A Traffic Source is any location or origin which presents users with the ability to view and interact with Advertiser creative materials and/or links.

Before a traffic source can use the Services, it must first be added to the Publisher’s account and approved by the Network.

FlexOffers.com marketing materials and/or links may not be placed onto any traffic source that has not been approved for that advertiser.

If a Publisher has more than one traffic source, each source must separately apply to an advertiser for permission to gain its own unique tracking links and content for that advertiser.

Publishers may not use advertiser content which has been authorized for one traffic source on any other.

b. If FlexOffers.com determines that a traffic source was submitted with inaccurate information (such as submitting a website that does not belong to the Publisher), FlexOffers.com reserves the right to terminate the account, reduce or remove any balance, and/or reverse payments.

c. Publishers are expected to know and follow all laws and regulations that apply to the operation of their business and the use of our materials and services.

Publishers must adhere to all applicable legislation and regulations governing the use of their traffic sources (such as email marketing), both for the jurisdictions in which you operate as well as the jurisdictions of those individuals (or “Data Subjects”) you expose to FlexOffers.com marketing materials and links.

Examples of such applicable laws may include the CAN SPAM Act of 2003 and the General Data Protection Regulation from the EU.

d. For a Publisher to receive credit for qualifying conversions (such as leads and sales) that are generated from their site, the consumer must personally visit our links on their own device, voluntarily clicking on any links, completing their own forms, agreeing to any applicable terms, and making their own purchases.

Publishers can do none of these things on behalf of the user.

If otherwise, the conversion and commissions may be considered invalid.

e. The use of unapproved traffic sources may result in account termination and the reversal of any account balance.

11. Approval Process for Specific Advertisers

a. Once a Publisher is approved for the FlexOffers.com network, they are granted access to a variety of tools and services, and the opportunity to apply for any number of advertiser affiliate programs.

Approval for the Publisher’s account does not grant or guarantee approval for the Advertiser programs found in the Network.

Within the Network platform, Publishers must select and apply for each individual program and abide by the terms and conditions for selected advertisers.

A communication regarding the application status to an Advertiser’s program will be sent as soon as the decision has been made.

b. If approved to promote an Advertiser’s program, Publishers must adhere to the terms and conditions of that Advertiser as provided in the Network platform in addition to the requirements of this agreement.

c. Advertisers in the Network have quality requirements on the traffic you provide to generate reliable and actionable insights on traffic optimization.

Clicks from your traffic sources must convert to the payable action, such as a sale or lead, at an average rate of 1.0% or greater.

That is, one conversion is required for every one hundred clicks sent to a program, on average.

Clicks which fail to reach this goal may be considered noncompliant and cause the source to be deactivated from the programs which are being given the low quality traffic.

In some cases, the traffic source may be deactivated entirely.

Publishers are expected to monitor and maintain this minimum traffic quality standard for each of their active and approved traffic sources.

d. Any conversion or performance thresholds referenced by FlexOffers are general compliance indicators and will be evaluated over a reasonable period of time and in context of Publisher’s promotional model.

FlexOffers reserves sole discretion to determine whether performance data reflects noncompliant or fraudulent activity.

12. Downtime

a. FlexOffers.com will provide services to allow for 100% uptime for both link activity and content delivery.

FlexOffers.com cannot be held liable for any link downtime due to hardware or software related issues, or if the landing pages or links provided by the advertisers are down.

The FlexOffers.com technical staff will, however, work diligently to resolve any issues if any downtime occurs and will coordinate such efforts, if need be, with the advertiser.

b. Though FlexOffers.com regularly monitors all links for programs on a scheduled basis, it is strongly recommended that publishers occasionally check their links once live on their website.

Once a link is live on the publisher’s website, it is the publisher’s responsibility to inform the FlexOffers.com support team at [email protected] within 24 hours of any link problems.

13. Link Tracking Software

If the Publisher chooses to use a third party tool to verify the working status of the Network’s links, it is the publisher’s responsibility to notify the FlexOffers.com support team at [email protected] if such verification would create false clicks or otherwise alter the reporting provided by the Services.

14. Chargebacks

a. If the advertiser or FlexOffers.com has reported duplicates or other inaccuracies in the reporting of sales or leads, these may be reversed in the Publisher’s account.

Chargebacks can occur at any time and can be applied at any time to the Publisher’s account.

Publishers with questions about such adjustments can contact [email protected] to request additional details.

b. If such chargebacks occur for sales that have already been paid in full to the publisher, FlexOffers.com reserves the right to reverse the credit on future sales or pending payments to the publisher.

c. If it is determined that such chargebacks are due in part to fraudulent activity or a violation of the terms and conditions of either the advertiser’s program or the FlexOffers.com Affiliate Network, future payments and/or credits to the Publisher’s account will be reversed and the account will be immediately deactivated.

15. Compliance Investigations and Review

a. All accounts are regularly monitored for fraudulent transactions and suspicious activity.

If your account is flagged or suspended for a compliance review, you will be notified and any estimated balance on the account may be withheld while the investigation process is underway.

Suspicious activity may include any apparent violation of the advertiser’s affiliate program, a request by the advertiser to review the traffic sent to them, the use of unapproved traffic sources, failure to provide traffic transparency, the use of invalid traffic sources, providing false information in your publisher application, or the possible violation of any of the terms of this agreement.

b. If the Publisher is determined to be in violation of this agreement, FlexOffers.com may reduce or completely remove or reverse any transactions or pending payments and the publisher’s account may be deactivated.

c. If a Publisher account is deactivated for violations of these terms, any other pending application belonging to the Publisher may be declined and its other accounts may be suspended or deactivated.

Any estimated balances or payments on those accounts may be voided and reversed.

d. If a Publisher has been deactivated from a specific advertiser program made available to them from another affiliate network, such deactivations by that advertiser may be applicable to the FlexOffers.com network as well.

Application to those programs may be declined and approvals for such programs will be rescinded.

Failure to disclose such a removal or the continued promotion of such a program using FlexOffers.com promotional materials or links after a program removal may result in account termination and reversal.

e. Publisher agrees to maintain adequate books, records, and documentation relating to its compliance with these Terms, Advertiser program requirements, traffic sources, promotional methods, and applicable laws.

Such records shall include, where applicable, consent records, marketing creatives, placement locations, traffic source data, and third-party vendor information.

f. Upon written request, Publisher shall provide such records to FlexOffers or an Advertiser within five (5) business days.

Failure to provide records in a timely manner constitutes a material breach of these Terms and may result in suspension, termination, withholding of payments, and reversal of commissions.

g. FlexOffers reserves the right to audit Publisher’s compliance activities and traffic sources, including through third-party verification, where reasonably necessary to ensure lawful and compliant promotion of Advertiser programs.

h. FlexOffers reserves the right to immediately suspend Publisher’s account, Links, program access, and pending payments where FlexOffers reasonably believes Publisher may be in violation of these Terms, Advertiser requirements, or applicable law, pending completion of an investigation.

i. Publisher acknowledges that any suspension or investigation by FlexOffers does not limit FlexOffers’ right to terminate Publisher’s participation in the Network at any time, with or without notice, and for any reason in FlexOffers’ sole discretion, as provided in Section 17.

16. Capturing User Information

a. Publishers are not allowed to alter the sub-tracking code or otherwise use software, or any means designed to capture personal identifiable information of online visitors that would then be viewable to FlexOffers.com.

b. Publishers are not allowed to request that visitors to their site complete any form that may be hosted on the publisher’s website or a third-party service, through which the user’s information will be redirected or otherwise used to generate a lead or sale for the advertiser program.

c. All leads and sales for advertiser programs must be completed on the advertiser website or through the link that is provided from FlexOffers.com by the user on their own device.

Publishers may not alter, redirect, or otherwise pass or post information to the application process of the advertiser’s forms.

17. Termination

The Network retains the right to terminate the Publisher’s account at any time, and for any reason that the Network sees fit.

Publishers are not bound to network usage and can close their account with two business days notice to FlexOffers.com for standard link usage.

The right to terminate the policy does not apply to any special agreements, such as Insertion Orders, Bonus Offers, or any other written agreement between the Publisher and FlexOffers.com, which may include special pricing and/or placements, such said agreements have specific terms that apply during the time of that agreement.

Any payments that are due to the publisher will be paid thereafter until all payments owed to the publisher are made in full and it is determined that no fraudulent activity, Advertiser chargebacks, or violations of this agreement have occurred.

Publishers understand that once an account is closed, all advertising links will be expired, all advertiser relationships will be closed, and previous historical information such as sales and click-thru data may not be available.

If the publisher wishes to re-open their account, they must contact [email protected] to make the request.

18. Liability and Indemnification
a. Publisher agrees to indemnify, defend, and hold harmless FlexOffers.com, LLC (“FlexOffers”), its parents, subsidiaries, affiliates, officers, directors, employees, agents, representatives, successors, assigns, and all advertisers, merchants, brands, and other business partners participating in the FlexOffers.com Publisher / Affiliate Network (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, suits, investigations, proceedings, liabilities, losses, damages, penalties, fines, judgments, settlements, and expenses (including, without limitation, reasonable attorneys’ fees, expert fees, court costs, and litigation expenses) arising out of or relating to:

i. Publisher’s breach or alleged breach of these Terms and Conditions, any Advertiser-specific terms, or any FlexOffers policies, requirements, or instructions;

ii. Publisher’s violation or alleged violation of any applicable law, regulation, or rule, including without limitation laws relating to unsolicited or deceptive email marketing (including the CAN-SPAM Act and California Business & Professions Code § 17529.5), telephone or text marketing (including the TCPA), consumer protection, unfair competition, privacy, or data protection;

iii. Any marketing, advertising, promotional, traffic-generation, or distribution activity conducted by or on behalf of Publisher in connection with the Network, including without limitation activity involving email campaigns, newsletters, SMS or messaging, paid search, social media, browser extensions, software, applications, or any third-party vendors or
subcontractors;

iv. Any claim that Publisher’s marketing materials, representations, subject lines, headers, domain names, offer descriptions, pricing statements, discount claims, or promotional content were false, misleading, deceptive, unauthorized, unlawful, or not expressly approved in writing by the applicable Advertiser;

v. Any claim brought by a consumer, class action plaintiff, governmental authority, regulator, internet service provider, Advertiser, or other third party arising from Publisher’s participation in the Network;

vi. Any infringement, misappropriation, or unauthorized use of intellectual property, including trademarks, copyrighted materials, trade names, or proprietary content;

vii. Any obligation of indemnification, defense, settlement, or liability incurred by FlexOffers to an Advertiser or other third party to the extent arising from Publisher’s acts, omissions, marketing practices, or failure to comply with these Terms or applicable law.

b. Duty to Defend. Publisher’s obligations include the immediate duty to defend the Indemnified Parties upon written notice from FlexOffers. Publisher shall retain legal counsel reasonably acceptable to FlexOffers and shall be responsible for all defense costs from the outset, regardless of whether liability is ultimately established.

c. Settlement Restrictions. Publisher shall not settle any claim in a manner that imposes liability, fault, injunctive obligations, or adverse impact on any Indemnified Party without FlexOffers’ prior written consent.

d. Cooperation and Records. Publisher shall fully cooperate with FlexOffers and any Advertiser in the investigation or defense of any claim, including by promptly providing access to marketing materials, campaign data, traffic source information, and consent records.

e. Withholding and Set-Off. FlexOffers may withhold, offset, or deduct from any amounts otherwise payable to Publisher any sums reasonably necessary to satisfy Publisher’s indemnification or defense obligations, including anticipated legal fees and costs.

f. Survival. Publisher’s obligations under this Section shall survive termination or suspension of Publisher’s participation in the Network.

g. Any dispute, claim, or controversy arising out of or relating to these Terms, Publisher’s participation in the Network, or any Advertiser program shall be resolved exclusively through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

h. Arbitration shall take place in Broward County, Florida, unless FlexOffers elects otherwise in writing.

i. Class Action Waiver. Publisher agrees that any dispute shall be brought solely in Publisher’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, or consolidated proceeding.

j. Publisher waives any right to a jury trial.

k. This Section shall survive termination of these Terms.

19. Advertiser-Specific Terms and Conditions

a. Publishers are to adhere to all Advertiser-specific terms and conditions that are detailed by an individual program’s Advertiser and described within that program’s Agreement & Terms tab on FlexOffers.com.

b. Publisher acknowledges and agrees that Advertisers participating in the Network are intended third-party beneficiaries of Sections relating to compliance obligations, promotional restrictions, indemnification, cooperation, and records production, and may enforce such provisions directly against Publisher where applicable.

20. E-Mail Communications from FlexOffers.com

a. FlexOffers.com newsletters generally pertain to new affiliate advertising opportunities, increased payouts, and important product changes. The email address that we will be sending updates and compliance issues from is [email protected]. Please add it to your address book so that it is not blocked by Spam filters. These notices can also be viewed once you log into your account.

b. FlexOffers.com may at times offer promotional cash bonuses for new or existing clients. These offers are only available for limited periods of time for those who choose to take advantage of the promotion during the time that the offer is being presented. Once the client meets the requirement of the promotional offer, the promotional bonus will be applied to the client’s check within 30 days. Promotional offers are only applied to valid sales or leads, and they cannot be combined with other promotional offers or transferred to other clients. FlexOffers.com reserves the right to cancel any promotion that is being published to new or existing clients who have not locked in the promotion to their FlexOffers.com account.

c. Managing your email preferences can be done by logging into the Publisher platform and choosing the Email Preferences option under your User menu.

d. Please note that as a condition of your ongoing affiliation with approved advertisers, FlexOffers.com is required to send you program update notices related to the promotion of those programs, including updates to ad creative, payouts and more. So long as you remain approved for the program, these notices will be sent to you. In the event that you no longer wish to receive such emails, you will need to request the deactivation and removal of the program from your account by emailing [email protected] with your request.

21. FlexCash Program

a. Publishers who refer approved publishers to the FlexOffers.com network and programs will earn 5% of the NET generated from the referred publisher’s revenue. For instance, if a referred publisher earns $10,000 in revenue for FlexOffers in a month, the publisher who referred them will receive $100 in their account (see formula below). This amount is a referral commission you earn and is not deducted from the referred publisher’s account. The referral commissions are based on the NET profit made. The 20% stated in the formula below is an “average” net calculation.

Formula Used
$10,000 Revenue x 20% NET of FlexOffers = $2,000 x 5% of Referred NET = $100

b. FlexCash Publishers can earn more from their referred publisher accounts if their own Publisher account is generating commissions outside of the FlexCash program. Earning consistent commissions for promoting FlexOffers advertiser programs may qualify a Publisher to higher estimated earnings in FlexCash as shown below. Tiers are as stated: