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Terms of Use

These Terms of Use (the “Terms”) form a binding agreement between Emarzen (“Emarzen,” “we,” “our,” or “us”) and the party accessing or using our website, platform, and related services (collectively, the “Services”). “You” means the natural person or legal entity using the Services. If You are using the Services on behalf of an entity, You represent that You have the authority to bind that entity.

By accessing or using the Services, You accept these Terms. If You do not agree, do not use the Services. You must be at least 18 and the age of majority in your jurisdiction to register.

Roles, Programs, & Precedence

Roles: Emarzen supports two primary user roles:

  • Publishers (content creators, comparison sites, apps, newsletters) who promote advertiser offers; and
  • Advertisers (brands, merchants, agencies, networks) who list programs and pay qualifying commissions.

Program Terms

Each advertiser offer (an “Offer”) has program-specific terms (e.g., approval rules, geo, creative limits, allowed traffic), payout logic, and a payout schedule set by the advertiser or upstream network (“Program Terms”). Program Terms are part of these Terms. If Program Terms conflict with these Terms, the more restrictive rule applies unless expressly stated otherwise.

Nature of Service

Emarzen is a performance-based partner marketplace/technology layer that connects Publishers and Advertisers and measures qualifying events. Emarzen is not the seller of Advertiser products, does not guarantee traffic or conversions, and is not a party to transactions between Advertiser and consumers.

Account, Eligibility, & KYC

Registration

Provide complete and accurate information and keep it updated. We may request verification (e.g., ID, tax details, payment info, domain ownership). False information or failure to cooperate may lead to suspension and forfeiture of unpaid balances pending review.

Access Credentials

Keep logins and affiliate IDs confidential. You’re responsible for all activity under your account and must notify us of suspected unauthorized use.

Sub-publishers/teams

If permitted by Program Terms, all sub-publishers (or team properties) must be disclosed and approved in-platform. You are responsible for their compliance, and Emarzen may suspend/withhold based on sub-publisher violations.

Tracking, Attribution, & Disputes

  • Tracking authority: Conversions and commissions are determined by Emarzen’s tracking records and those of integrated upstream networks, using industry-standard tagging and server-to-server methods. Our records are final absent clear error.
  • Dispute window: Disputes must be submitted within 7 calendar days from first appearance in reporting. After that, data is deemed accepted.
  • Dedupe & reversals: Commissions may be reversed if an order is cancelled/refunded, if fraud or policy breaches are identified, or if the upstream network/Advertiser invalidates the action (e.g., duplicate, test, self-purchase where prohibited).
  • No guarantee of continuous availability: Services may be unavailable due to maintenance, network issues, or force majeure; unavailability does not constitute a breach.

Payouts, Invoicing, & Taxes

  • When payments happen: Payouts are transparent and follow the applicable Program Terms and pre-decided schedules. Emarzen remits Publisher payouts after the corresponding funds are received and cleared from the Advertiser or upstream network and after applicable validation/reversal windows close. Emarzen does not guarantee a specific payment date or payout speed.
  • Methods & thresholds: Payment methods, currencies, thresholds, and fees are stated in your dashboard. If a payment fails due to inaccurate details or regulatory returns, we may charge reasonable reprocessing fees.
  • Offsets & reserves: We may withhold/offset amounts for chargebacks, refunds, fraud, policy breaches, negative balances, or expected reversals. We may maintain rolling reserves per risk assessment and Program Terms.
  • Advertiser billing: Advertisers are billed or charged according to Program Terms and our platform invoice schedule. Late/non-payment by an Advertiser may delay downstream Publisher payouts; Emarzen is not liable for an Advertiser’s failure to fund.
  • Taxes: Each party is responsible for its own taxes, filings, and required forms (e.g., W-9/W-8 series or local equivalents). We may withhold where law requires.
  • No interest: Balances held pending payout, verification, or reserve do not accrue interest.

Acceptable Promotion & Prohibited Conduct

  • Always follow Program Terms & law: This includes accurate price/stock claims, honoring coupon rules, and respecting geo/traffic restrictions.
  • Disclosures: Publishers must make clear and conspicuous affiliate disclosures where required (e.g., FTC Endorsement Guides in the U.S.). Disclosures must be proximate to the endorsement—no burying.
  • Email, telemarketing, messaging: If an Offer allows email, comply with CAN-SPAM and local anti-spam laws; maintain functioning unsubscribe; include required sender details.
  • Prohibited traffic & tactics: No spam, adware/spyware, cookie stuffing, forced clicks, invisible/auto-redirects, misrepresenting coupon availability, fake scarcity, typosquatting, form pre-population, brand bidding where prohibited, misleading “free” claims, or targeting under-13s.
  • Creative use: Use only approved creatives, trademarks, and product data for the permitted channels/placements; do not alter legal notices or create lookalike sites.

Content, Licenses, & IP

  • Your content: You grant Emarzen a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, and display your submitted content (e.g., logos, links, product data) solely to provide the Services.
  • Emarzen IP: The Services (software, UI, databases, analytics) are owned by Emarzen and licensed, not sold. No rights are granted except as expressly stated.

Data, Privacy, & Security

  • Privacy: Our processing of personal data is described in the Emarzen Privacy Policy.
  • Data use: We collect operational data (clicks, conversions, device/network signals) to provide, secure, and improve the Services; we share with vendors and integrated networks to fulfill tracking and payout purposes. See Privacy Policy for legal bases, retention, and rights.

Suspension & Termination

We may suspend or terminate accounts, Offers, or access for any breach, fraud risk, or to comply with law. You may terminate at any time via dashboard notice. Upon termination we may withhold amounts reasonably expected to be reversed or clawed back.

Warranties, Disclaimers, Liability

The Services are provided “as is” and “as available.” We disclaim all warranties to the maximum extent permitted by law. To the extent allowed by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages. Our aggregate liability under these Terms will not exceed fees paid or payable by you to Emarzen in the 12 months preceding the claim.

Indemnity

You will defend and indemnify Emarzen (and our officers, directors, employees, and agents) from claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your content or sites; (b) your breach of these Terms or Program Terms; (c) your violation of law or third-party rights; or (d) activities by your sub-publishers, agencies, or users.

Changes to Terms

We may update these Terms from time to time. Material changes will be posted in your dashboard and/or emailed. Continued use after the effective date constitutes acceptance.

Governing Law, Disputes, & Venue

The governing law and forum are specified in your account or order form; if none, [GOVERNING LAW & VENUE] applies. Either party may seek injunctive relief for misuse of IP or confidential information.

Miscellaneous

No partnership, franchise, or employment relationship is created. You may not assign without our consent (except to a successor in interest). If any provision is invalid, the remainder stays in effect. These Terms plus Program Terms are the entire agreement.