Arena Affiliate Program Terms and Conditions

Overview

This document outlines the terms and conditions governing your participation in the Arena Affiliate Program. By enrolling in the program, you agree to these terms and conditions. Please review them carefully before participating.

1. Enrollment in the Program

1.1 Eligibility: To participate, you must be at least 18 years old and legally capable of entering into a binding agreement. Both individuals and organizations are welcome. Accounts created using automated methods, such as bots, are prohibited.

1.2 Registration: You must complete the affiliate registration form available on the Arena website. Arena reserves the right to approve or reject any application at its sole discretion.

1.3 Region Availability: The Arena Affiliate Program is currently available only to non-EU users. EU users that accept invitations will not be considered at this time.

1.4 Email List Subscription: By signing up for the Arena Affiliate Program, you agree to be added to Arena’s email list for receiving important notifications related to the program. This includes, but is not limited to, updates about campaign performance, received commissions, and important changes in the program. You may opt out of these communications at any time by following the unsubscribe link provided in the emails. However, opting out of critical program notifications may affect your ability to stay informed about essential updates to your affiliate account.

2. Affiliate Responsibilities

2.1 Promotion: As an affiliate, you are expected to actively promote Arena products, including Live Blog, Group Chat, Commerce AI, and Arena Community, by using your unique referral link or code.

2.2 Compliance: You agree to comply with all relevant laws, regulations, and ethical guidelines while promoting Arena. This includes adherence to anti-spam laws, privacy laws, and respecting intellectual property rights. Additionally, your promotional content must not:

• Display explicit or inappropriate content, including nudity or sexual material.
• Contain violent, obscene, defamatory, or unlawful content.
• Promote hate speech or discriminatory practices.
• Infringe upon any intellectual property rights.
• Mislead customers into thinking your website is affiliated with or represents Arena.

2.3 Accurate Representation: You must represent Arena and its products accurately and honestly. Deceptive practices that could harm Arena’s reputation are strictly forbidden.

2.4 Prohibited Activities: Affiliates must avoid any activity that could damage Arena, its users, or other affiliates. This includes, but is not limited to:

• Using illegal or unethical methods to drive traffic.
• Engaging in spamming, cookie stuffing, or incentivized referrals.
• Promoting discounts, coupons, or cashback deals without prior approval.
• Misleading users with fake offers or unauthorized promotional tactics.

3. Confidentiality and Data Protection

3.1 Definition of Confidential Information: For the purposes of these Terms, “Confidential Information” refers to any information disclosed by Arena to you during your participation in the Affiliate Program that is marked as “confidential” or that a reasonable person would consider confidential. This includes, but is not limited to, information related to Arena’s customers, referrals, and invited users.

3.2 Obligations Regarding Confidential Information: During and after your participation in the Affiliate Program, you agree not to (i) disclose any Confidential Information to third parties without Arena’s written consent, and (ii) use Confidential Information for any purpose other than fulfilling your obligations under these Terms. You must take reasonable steps to protect the confidentiality of such information, using at least the same level of care as you use to protect your own confidential information of a similar nature.

3.3 Sharing of Data with External Partners: By participating in the Arena Affiliate Program, you acknowledge and consent that Arena may share your email address and user ID with external partners for tracking and payment processing purposes. Specifically, this information will be shared with FirstPromoter, the external partner responsible for managing affiliate referrals and commissions. Arena takes the protection of this data seriously and ensures it is only used for the intended purposes.

3.4 Access to Invited Users’ Email: As part of your participation in the Arena Affiliate Program, you may have access to the email addresses of the users you invite. You agree to treat this data with the utmost confidentiality and only use it for the purpose of managing and tracking referrals. You must comply with all applicable data protection and privacy laws, including but not limited to GDPR (General Data Protection Regulation) and CCPA (California Consumer Privacy Act), and take appropriate measures to safeguard the data from unauthorized access or misuse.

3.5 Security Measures: You are required to implement reasonable security practices to protect the data you have access to. This includes using secure passwords, encryption, and ensuring that any systems you use to store or process this data comply with industry standards for data protection. In the event of a data breach involving the invited users’ email addresses, you must promptly notify Arena and cooperate with any investigation or remediation efforts.

4. Affiliate Dashboard Metrics and Cookie Duration

4.1 Clicks: Users who visit Arena’s website or signup page via your affiliate link will be counted as clicks in your affiliate dashboard. This metric helps track the traffic you are directing to Arena. The cookie duration is 60 days, meaning the user’s activity will be tracked for up to 60 days after they click your affiliate link.

4.2 Referrals: If a user who was previously tagged as a click subsequently signs up for a new account on Arena’s dashboard within 60 days, they will be counted as a referral in your affiliate dashboard.

4.3 Customers: If a user who was previously tagged as a click and identified as a signed-up user later subscribes to a paid plan within 60 days, they will be counted as a customer in your affiliate dashboard.

5. Commission Structure and Payment

5.1 Commission Rates: Details about commission rates are available on your affiliate dashboard upon registration. Rates are subject to change at Arena’s discretion.

5.2 Qualified Referrals: Commissions are earned through qualified referrals—customers who sign up for a paid Arena product using your referral link or code.

5.3 Commission Payouts: Payouts are made in USD and are subject to Arena’s payout schedule, which may change over time.

5.4 Payment Method: Commissions are paid via PayPal. It is your responsibility to maintain a valid PayPal email address.

6. Term and Termination

6.1 Term: These Terms remain effective until terminated by either party. You may terminate your participation at any time with written notice to Arena.

6.2 Termination for Cause: Arena may terminate your participation immediately if you violate these Terms or engage in prohibited activities.

6.3 Effect of Termination: Upon termination, you will no longer earn commissions. Any unpaid commissions below $50 will be voided.

7. Social Media Promotion

Affiliates may promote Arena products on their personal social media channels but are prohibited from posting affiliate links on Arena’s official social media pages. When promoting on third-party platforms such as Facebook, Twitter, Instagram, etc., affiliates must adhere to the platform’s rules and ensure that they comply with Arena’s brand guidelines and FTC disclosure requirements.

8. Email Campaign Restrictions

Affiliates who promote Arena through email campaigns must comply with all applicable laws, including the CAN-SPAM Act. Email campaigns must be sent on your behalf and must not imply they are from Arena. Arena reserves the right to review and approve any email campaigns related to the affiliate program before they are sent.

9. FTC Disclosure Requirements

Affiliates are required to comply with all applicable Federal Trade Commission (FTC) guidelines on endorsements and testimonials. Any post, page, or content where Arena affiliate links are placed must include a clear disclosure that you may receive compensation for clicks or purchases made through these links. Failure to comply with these regulations may result in termination from the program.

10. Indemnification

Affiliates agree to indemnify and hold harmless Arena and its employees, representatives, agents, and affiliates against any claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from the affiliate’s breach of these Terms, violation of any applicable law, or infringement of any third-party rights.

11. Reversal and Communication Policy

Arena reserves the right to reverse affiliate commissions in cases of order cancellations, violations of affiliate terms, or other instances of improper conduct. Affiliates are expected to respond promptly to inquiries related to their account activity. Failure to maintain clear communication may result in termination from the program.

12. Intellectual Property

12.1 Limited License: Arena grants you a non-exclusive, non-transferable license to use its logos, trademarks, and promotional materials solely for promoting Arena as an affiliate.

12.2 Intellectual Property Rights: All intellectual property rights related to Arena products and branding remain the property of Arena. You may not modify or distribute these materials without prior written consent.

13. Limitation of Liability

13.1 No Warranty: Arena provides no warranty regarding the program, its availability, or the accuracy of tracking and reporting systems. The program is provided “as is.”

13.2 Limitation of Liability: Arena is not liable for any indirect or special damages, including lost profits, arising from your participation in the program.

14. Assignment

14.1 Non-Transferability: You may not transfer or assign your rights and obligations under these Terms to any third party without Arena’s prior written consent.

15. General Provisions

15.1 Modification: Arena reserves the right to modify these terms at any time. Changes will be posted on your affiliate dashboard, and continued participation in the program constitutes acceptance of the new terms.

15.2 Relationship of Parties: Both parties are independent contractors. Nothing in these terms creates a partnership, joint venture, agency, or employment relationship between you and Arena.

15.3 Governing Law: These terms are governed by the laws of the jurisdiction in which Arena operates. Any disputes will be resolved in the courts of that jurisdiction.

15.4 Complete Agreement: These Terms constitute the entire agreement between you and Arena regarding your participation in the Affiliate Program. They supersede all prior agreements and understandings, whether written or oral. Any modifications to these Terms must be made in writing and signed by both parties.

By participating in the Arena Affiliate Program, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.

Last updated August 9, 2024