Affiliate Program Terms of Use

Effective date: September 25, 2023

Our referral sources are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration from you. The following agreement protects our good name while giving you the opportunity to profit from your internet traffic. If you have any questions, please don't hesitate to let us know. We are strong believers in straightforward and honest communication. For the quickest results, please email us at [email protected].

RESTRICTIONS AND PROHIBITIONS The following conduct will either result in our denial of your application to be in our Affiliate Program or will result in termination if you are already in the Affiliate Program.

  1. Do not apply if your website currently promotes or may in the future contain sexually explicit materials, violence, discrimination, and/or is otherwise used for illegal activities.
  2. We do not approve Affiliate agreements with distributors of toolbars, browser helper objects, shopping assistance applications, etc.
  3. You must comply with FTC's Endorsement Guidelines, which means that you must have a reasonable basis for any endorsements and product reviews that you publish. We do not tolerate unfounded critical comparative reviews and any form of disparagement of our competitors products.
  4. Fraud.
  5. Spamming.
  6. Paid search campaigns in Google Adwords.
  7. Paid search campaigns containing our trademarks in other systems.
  8. Cybersquatting and typosquatting.
  9. Coupon usage is restricted. Please see paragraph 9 of the Agreement for details.

PLEASE READ THE ENTIRE AGREEMENT. YOU MAY PRINT THIS PAGE FOR YOUR RECORDS. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MACPAW WAY LTD, OR OUR AFFILIATES. 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.

1. Overview

This Agreement (along with the Mandatory features of an affiliate piece of content which is an integral part hereof) contains the complete terms and conditions that apply to you becoming an affiliate ("Affiliate") in MacPaw's Affiliate Program. The purpose of this Agreement is to allow HTML linking between your website and the MacPaw website. Please note that throughout this Agreement, "we," "us," and "our" refer to MacPaw, or its affiliates and "you," "your," and "yours" refer to you as the Affiliate.

Our referral sources are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration from you. This Agreement protects our good name while giving you the opportunity to profit from your internet traffic. If you have any questions, please don't hesitate to let us know. We are strong believers in straightforward and honest communication. For the quickest results, please email us at [email protected].

2. Affiliate Obligations

2.1. To begin the enrollment process, you will complete and submit the online application at the Impact.com server. All applications are checked and approved manually. We try to do it the day application is sent.

We may reject your application at our sole discretion (or terminate if you are already in the Affiliate Program) and will do so if you or your site:

2.1.1. promote or display sexually explicit materials, violence, discrimination, and/or is otherwise used for illegal activities;

2.1.2. promote or display violence;

2.1.3. promote or display content that incites hatred against, promotes discrimination of, or disparages an individual or group on the basis of their race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, skin tone, or other characteristic that is associated with systemic discrimination or marginalization;

2.1.4. incorporate any materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law;

2.1.5. include "MacPaw" or variations or misspellings thereof in any domain name that you use or control;

2.1.6. promote or engage in fraud;

2.1.7. promote or engage in spamming;

2.1.8. promote or engage in cybersquatting and typosquatting;

2.1.9. engage in paid search campaigns containing our trademarks in other systems;

2.1.10. engage in coupon usage (Please see paragraph 8 of the Agreement for details);

2.1.11. engage in distribution of toolbars, browser helper objects, shopping assistance applications, etc.;

2.1.12. use software downloads that potentially enable diversions of commission from other members of our Affiliate Program;

2.1.13. use and/or translate text and/or articles from MacPaw's blog macpaw.com/blog;

2.1.14. create or design your website or any other website that you operate or control explicitly or implicitly in a manner that resembles our website or design your website in a manner that leads customers to believe you are MacPaw or any of our other affiliated businesses;

2.1.15. otherwise in any way promote or engage in unlawful, harmful, threatening, defamatory, libelous, obscene, harassing, or fraudulent conduct, or other conduct which may be racial, ethnically, or otherwise objectionable to us in our sole discretion.

2.2. As a member of MacPaw's Affiliate Program, you will have access to Account Manager. Here you will be able to review our Program's details, download text and banner creative material, browse and get tracking codes for our deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other Affiliate links we provide you with.

2.3. The maintenance and updating of your website is your responsibility.

2.4. 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. You agree to indemnify and hold us harmless from any liability or costs for any claims arising out of your acts or alleged acts which allege copyright infringement by you.

2.5. As a member of our Affiliate Program you must be compliant with the Federal Trade Commission (FTC) guidelines on testimonials and endorsements. All endorsements, reviews, testimonials on MacPaw's products and services, as well as relationships between other types of content websites (forums, blogs, microblogs, and other Social Media channels) and MacPaw must be clearly disclosed in a written statement on your websites.

3. MacPaw Rights and Obligations

3.1. We may monitor your site to determine if you are following the terms and conditions of this Agreement.

3.2. We reserve the right to terminate your participation in the MacPaw Affiliate Program if you engage in any of the conduct set forth in Section 2 of this Agreement, otherwise violate the terms and conditions of this Agreement, or for no reason in our sole discretion.

3.3. This Agreement will begin upon our acceptance of your application and will continue unless terminated hereunder.

4. 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 of email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

5. Modification

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, you will be notified by email. Modifications may include, but are not limited to MacPaw Affiliate Program rules that we may publish or send to you. If any modification is unacceptable to you, your only option is to terminate this Agreement.

6. Payment

MacPaw uses a third party to handle all of the tracking and payment for the Affiliate Program. The third party is currently Impact.com network. Please review the network's payment terms and conditions as they are applicable to you.

7. Promotion Restrictions

7.1. You are free to promote your own websites, but naturally any promotion that mentions MacPaw could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by MacPaw. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name.

7.2. Pay-Per-Click advertising in Google Adwords is strictly prohibited. Other systems for Pay-per-Click advertisements may be used subject to the terms stated in Section 7.3 below.

7.3. You are not permitted to bid in Pay-Per-Click campaigns on keywords such as macpaw.com, macpaw, cleanmymac, clean my mac, setapp, setapp.com or any misspellings or similar alterations of these — be it separately or in combination with other keywords or, if you are a coupon affiliate, in combination with + coupon, + discount and similar key phrases. Bidding on those keywords will be considered trademark violation and you will be terminated and banned from MacPaw Affiliate Program.

7.4. You are not prohibited from keying in a prospect's information into the lead form as long as the prospects' information is real and true and these are valid leads.

7.5. You 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 a qualifying link until such time as the consumer has fully exited MacPaw's site.

7.6. If you are found to be cybersquatting or typosquatting on trademark-related domains you will be terminated and any commissions accrued to you, but unpaid, will be forfeited.

8. Promotion Restrictions for Coupon Affiliates

A "Coupon Affiliate" is an Affiliate whose business model substantially consists of making coupons available. Whether you are classified as a Coupon Affiliate shall be determined by MacPaw in its sole discretion.

8.1. If you are a Coupon Affiliate you are only allowed to use only coupon offers and promo materials provided via Impact.com. Text links may be used in e-mail communication with Coupon Affiliate users. You are prohibited to use text links on Coupon Affiliate website.

8.2. Use of unauthorized links or coupon codes (those links or codes not specifically provided to you through Impact.com) by us is prohibited.

8.3. You are not allowed to use keywords such as macpaw.com, macpaw, setapp, setapp.com and/or any misspellings or similar alterations of such keywords be it separately or in combination with + coupon, + discount and similar key phrases in the domain names.

8.4. Posting coupon offers on your website with "reveal the coupon code" or similar phrase that stimulates visitor to click to reveal a coupon code and go to the MacPaw's site is prohibited.

9. Grant of Licenses

9.1. We grant to you a nonexclusive, nontransferable, 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.

9.2. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of MacPaw Affiliate Program.

9.3. You agree that all uses of the Licensed Materials will be on behalf of MacPaw and the goodwill associated therewith will inure to the sole benefit of MacPaw.

10. Disclaimer

MACPAW MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING MACPAW SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED.

11. Representations and Warranties

You represent and warrant that:

11.1. 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.

11.2. 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.

12. 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.

13. Indemnification

You hereby agree to indemnify and hold harmless MacPaw 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).

14. 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.

15. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of Cyprus. Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Cyprus Center for Alternative Dispute Resolution Rules (A.D.R. Cyprus Center Ltd). The seat, or legal place, of arbitration shall be the Republic of Cyprus.

16. Miscellaneous

16.1. 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 MacPaw.

16.2. You may not assign your rights or obligations under this Agreement to any party, except with prior notice to us and our consent.

16.3. This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of Cyprus without regard to the conflicts of laws and principles thereof.

16.4. This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.

16.5. 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.

16.6. 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.

Mandatory Features to Follow

Coupon affiliates must prevent coupon pages from being indexed by search engines. To do so coupon affiliates must add "no index" meta tags to pages where coupons are promoted.

For YouTube

  • The video must be optimised according to YouTube SEO requirements, as keywords relevant to our product in the video description and hashtags with our product and time codes in the video description are a must.
  • You are not allowed to hide, remove the video, or modify the description.
  • Use relevant materials only provided by our team and do not change/update our brand identity.
  • Do not include affiliate links to third-party vendors.
  • Video content and affiliate links in the description section must be approved by our team before going live.
  • Set a specific deadline date if the topic is time sensitive (e.g. new macOS release, Black Friday offers etc.)
  • Ensure that the video content aligns with the brand's values and messaging.
  • Include a clear call-to-action in the video, encouraging viewers to take a specific action.
  • Avoid making false or misleading claims about the product or service being promoted.
  • Ensure that the video meets all legal and ethical standards for advertising and marketing.
  • Use high-quality production values, including clear audio and video, to maximise the impact of the video.
  • Avoid using copyrighted materials without obtaining proper permission or licensing.
  • Use social media and other online platforms to promote the video and reach a wider audience.

For Content Websites

  • The article must contain at least two affiliate tracking links.
  • We require a partner to build high-quality backlinks on the article from authoritative websites and update them on a regular basis — delete artificial, forced, or irrelevant backlinks.
  • The article must be indexed in Google search.
  • Use keywords for content creation relevant to the topic.
  • You are not allowed to promote other products in reviews dedicated to our product, including advertising promo materials of our competitors.
  • Long-tail keywords should be utilised with relevance to the article's topic.
  • The article should be at least 1,000 words in length to ensure comprehensive coverage of the topic.
  • The content should be unique, informative, and engaging, with a focus on providing value to the reader.
  • The article should be well-structured, with appropriate headings and subheadings, making it easy for readers to navigate and absorb the information.
  • All affiliate links should be disclosed according to FTC guidelines, maintaining transparency with an audience.
  • High-quality visuals, such as images or videos, should be included in the article to enhance the reader's experience.
  • The article should be updated regularly to ensure that the information remains accurate and relevant.