Welcome to the Webseeds, Inc.’s affiliate program, we’re happy to have you! We are looking forward to creating long lasting partnerships with you and our other amazing affiliates. Please read the following Affiliate Terms carefully as they set forth the agreement between us and govern your services with our network.

1. REPRESENTATIONS AND WARRANTIES

   You represent and warrant you shall not engage in any of the following activities:

   • Falsify any information in connection with sales, leads, or actions;
   • Send ANY restricted traffic, including brand bidding (see the full term below), and SMS (not permitted)
   • Include ANY content that is deceptive, unsubstantiated, or otherwise fails to comply with ALL federal and state consumer protection laws, regulations, and guidelines in all affiliate advertisements/promotions. All affiliates (regardless of their country of domicile) MUST be in compliance with all applicable laws, regulations, and guidelines, including without limitation the Federal Trade Commission Act (“FTC Act”), the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”), Federal Trade Commission (“FTC”) regulations and guidelines implementing the FTC Act and the CAN-SPAM Act, including but not limited to the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (“FTC Testimonials Guide”), the FTC’s Dot Com Disclosure Guides, the FTC’s Guides Against Deceptive Pricing, and the FTC’s Guides Concerning Use of the Word “Free” and Other Similar Representations, the California Online Privacy Protection Act, the Restore Online Shoppers’ Confidence Act and all state laws relating to automatic renewal programs, the National Advertising Division decisions of the Better Business Bureau, and other federal and state consumer protection laws, regulations, and guidelines;
   • Engage in any conduct that violates any international, federal, state and local privacy and data security laws. To the extent you process any personal data, you represent and warrant you are, and will maintain your status as, a “service provider,” “processors” as defined by applicable privacy laws and will comply with all of your obligations related thereto under applicable laws and these Affiliate Terms. You will not repurpose, co-mingle, alternate, anonymize, or, “sell” personal data, and will maintain reasonable security of such data consistent with the standards of reasonableness applicable laws;
   • Engage in ANY plagiarism of any kind;
     Engage in ANY brand bidding. Affiliates running PPC campaigns on other networks are prohibited from bidding on “ReMemory” based keywords. In other words, your keywords can not include the words “ReMemory” or “Re Memory” with spaces alone, or in any combination of other words (this includes keywords including the word "review"). Further to this, affiliates are also not allowed to use the terms “ReMemory” or “Re Memory” in their pay per click ads. Doing so will result in your ID being blacklisted and removed on all offers that are owned by Webseeds;
   • Employ deep fake AI-generated content;
     Creating and distributing AI-generated deep fake content for marketing or ads without express written consent of a person’s likeness, image, voice, and brand for explicit promotion of ReMemory is a violation of our affiliate policy. Doing so will result in your ID being subject to suspension or termination.
   • Use ANY before and after photos or false testimonials in their promotions. However, you are welcome to purchase the product, try it yourself (or a friend) and provide an honest review from your own experiences;
   • Create ANY webpages, social media pages or accounts that falsely represent you as the creator or owner of the “ReMemory” product and must make it clear that the page is a REVIEW page and you're being compensated for the review. Therefore, any page and all creatives contained therein must include the word “REVIEW” in the title, the “url” and any graphics used in the cover image or profile image. This includes blogs, webpages, Facebook, Twitter, Instagram, TikTok or ANY OTHER online entity whether or not it is considered to be “social media”;
   • Create any customer incentives for purchasing “ReMemory” (through cash rebates or 3rd party bonus offers;
   • Use ANY images, videos or other media that you do not own or have license to use (including the (product name) sales video(s) - in whole or in part), and are forbidden from using any imagery that would imply any personal endorsement (celebrity or otherwise) without written consent from both the individuals making the endorsement AND “ReMemory”;
   • Promote “ReMemory” on retail sites, auction sites, or app stores such as Amazon, eBay, Google Store, iTunes, or any other site that falls into these categories, in any way, shape, or form (this includes products created by you or by us). Additionally, selling products branded with the “ReMemory” brand on Craigslist, Kijiji, or any other classified ad network is forbidden;
   • Bypass “ReMemory” pages to generate orders, meaning you will not provide direct linking to cart or order forms from any ads or landing pages. The customer must see our offer as presented by “ReMemory” prior to landing on the cart;
   • Promote “ReMemory” products as being able to prevent, treat, or cure any disease or health condition, whether expressly or impliedly, and shall not make any health claims whatsoever, express or implied, without competent and reliable scientific evidence; and,
   • Use ANY negative terminology/words/emojis that are similar to "scam" or "fraud" in paid ads, landing pages, review pages, social media platforms, or any other types of web pages appearing in organic search results. By way of example, the following is prohibited:

     

   Should you engage in any of the foregoing activities, you will be subject to immediate removal from the network WITHOUT WARNING AND WITHOUT ELIGIBILITY FOR REINSTATEMENT, and this removal results in permanent termination of your relationship and affiliation with Webseeds as a whole and on all future products/offers, and of these Affiliate Terms.

2. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTY

   IN NO EVENT SHALL WEBSEEDS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE NETWORK, THE PRODUCTS OR SERVICES PROMOTED, OR YOUR ADVERTISING CONTENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS OPPORTUNITY, OR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE OR STRICT LIABILITY), EVEN IF SUCH DAMAGES ARE FORESEEABLE AND/OR IF WEBSEEDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WEBSEEDS’ CUMULATIVE LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO YOU BY WEBSEEDS IN COMMISSIONS DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.

3. GOVERNING LAW; DISPUTE RESOLUTION

   These Affiliate Terms are governed by the laws of the State of Wyoming. All claims brought by you (other than a counterclaim) are subject to mandatory, confidential, final and binding arbitration in Cheyenne, Wyoming. Claims brought by Webseeds (other than a counterclaim by Webseeds) may be brought in Cheyenne, Wyoming and/or any other forum in which you are subject to personal jurisdiction. You consent to exclusive jurisdiction and venue in such courts, and agree not to challenge their jurisdiction and venue. Webseeds may elect to bring its claim in mandatory, confidential, final and binding arbitration or otherwise in a federal or state court in such forum. Any arbitration shall be confidential, conducted pursuant the Federal Arbitration Act, and conducted by a single arbitrator with the American Arbitration Association (“AAA”) in accordance with its Commercial Rules.

4. ENTIRE AGREEMENT; WAIVER, MODIFICATION OR AMENDMENT

   These Affiliate Terms are the complete and exclusive understanding between you and Webseeds. Any waiver, modification or amendment of any provision of these Affiliate Terms will be effective only if in writing and signed by both you and Webseeds.

   
   
   If you have any questions, need assistance or tools for your promotions, you can contact our Affiliate Manager Teresa at [email protected]