Affiliate Terms of Use & Privacy Policy 

Joining the Program

By filling out the signup form, and upon acceptance, you will become an affiliate and are bound by the terms of this agreement. Your participation in the program is solely for this purpose: to legally advertise our websites to receive a commission on products purchased by your referred individuals.

Affiliate Responsibilities

It is understood that you will introduce our products to your current and prospective customers and will comply with all laws as well as those that govern email marketing and anti-spam laws. 

We reserve the right to accept or reject any prospective customers and will pay you a commission per customer referred using your affiliate code according to the designated payment schedule.

Either you or we may terminate the Affiliate relationship at any time. You are only eligible to earn Affiliate payments during your time as an approved Affiliate.

We may change the program or service policies and operating procedures at any time.

Affiliate Relationship

This Affiliate relationship is one of the independent contractors. We will not be liable for indirect, special or consequential damages arising in connection with this program and our aggregate liability arising with respect to this program will not exceed the total referral fees paid or payable to you.

We make no express or implied warranties or representations with respect to the program. In addition, we make no representation that the operation of the service will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. 

Revocation of Affiliate Status

Reason for termination of your affiliate application and status in the program may be (but is not limited to) any of the following:

1. Inappropriate advertisements (false claims, misleading hyperlinks)

2. Illegal spamming (mass email, mass newsgroup posting, etc.)

3. Advertising on sites containing/promoting illegal activities

4. Violation of intellectual property rights

5. Inability to setup links or refer clients to totalElement.com (lack of performance)

Affiliate Links

You may use graphic and text links both on your website and in emails.

The program may also be advertised "offline" in classified ads, magazines, and newspapers.

You may use the graphics and text provided to you by us, or you may create your own as long as they are deemed appropriate according to our terms & conditions.

If you intend to promote our Program via e-mail campaigns, you must adhere to the following:

1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.

2. E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of totalElement.com

Affiliate Tracking

When a web surfer clicks through your affiliate link, a cookie is set in their browser that contains your affiliate username.

Also, their IP address is tracked in the database along with your affiliate name. When this person decides to buy a product, the script will look for this cookie and/or try to match their IP address to identify the affiliate who referred this sale, will be awarded the commission.

Visitors sent through your affiliate link may make a purchase later in time and the commission will still be awarded if the cookie is present in their browser and/or they are using the same IP address as the one logged in the database.

Terms of the Agreement

These terms will begin upon your signup with the affiliate program and will end when your affiliate account is terminated.

The terms of this agreement may be modified by us at any time. If any modification to the terms is unacceptable to you, your only choice is to terminate your affiliate account.

Your continuing participation in the program will constitute your acceptance of any change.

Liability

We will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, and any results of "intents of harm" to the program or our website.

We do not make any expressed or implied warranties with respect to the affiliate program and/or products sold at this site.

We make no claim that the operation of the affiliate program and our website will be error-free and we will not be liable for any interruptions or errors.

By submitting your application, you acknowledge that you have read the terms and conditions, understand, and agree with them.

Linking to Our Website

Upon acceptance into our affiliate program, links will be made available to you through the affiliate interface. Your acceptance in our program means you agree to and abide by the following.

1. You will only use linking code obtained from the affiliate interface without manipulation.

2. You may not advertise our products on shopping websites, including, for instance, Google Product Search, Amazon, eBay or any comparison shopping engines such as Shopzilla or Pricegabber.

3. Your website will not in any way copy, resemble, or mirror the look and feel of the totalElement website. You will also not use any means to create the impression that your website is the totalElement website or any part of the totalElement website including, without limitation, framing the totalElement website in any manner.

4. You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).

5. You may not use redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain.

6. You may not create any links that lead the customer to a destination site that is not clearly suggested by the content of the starting site.

PPC Guidelines

If you are enrolled in our affiliate program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:

1. You may not bid on any of our trademarked terms (totalElement, Element Magnets), including any variations or misspellings thereof for search or content-based campaigns on Google, Bing, or any other network.

2. You may not use our trademarked terms in sequence with any other keyword (i.e. totalElement coupons).

3. You may not use our trademarked terms in your ad title, ad copy, display name or as the display URL.

4. You may not direct link to our website from any Pay Per Click ad or use redirects that yield the same result. Affiliates must be directed to an actual page on your website.

Coupon Site Guidelines

If you are enrolled in our program and your website promotes coupon codes, you must adhere to our Coupon Guidelines as follows.

1. You may ONLY advertise coupon codes that are provided to you through the affiliate program. 

2. Posting any information about how to work around the requirements of a coupon/promotion (ie first-time customers only) will result in removal from the program.

3. Coupons must be displayed in their entirety with the full offer, valid expiration date, and code. 

4. You may NOT advertise coupon codes obtained from our non-affiliate advertising, customer e-mails, paid search, or any other campaign.

5. If your website ranks on the first page of Google ad results for terms related to totalElement combined with the words coupon, coupons, coupon code, promo code, or any similar term and (b) your conversion rate exceeds 25%, then you will be entitled to a lower commission than our standard rate to offset the reduced profitability of orders, which rate is currently 2%.

Domain Names

Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited i.e. totalElement.your-domain.com.

Social Media

Promotion on Facebook, Twitter, Instagram, and other social media platforms is permitted following these general guidelines.

1. You are ALLOWED to promote offers to your own lists; more specifically, you’re welcome to use your affiliate links or your custom discount code on your own Facebook, Instagram and Twitter, etc. pages. For example, you may post, “25% off sale at totalElement through Wednesday with code ABC25.”

2. You are PROHIBITED from posting your affiliate links or custom discount codes on totalElement Facebook, Twitter, etc. company pages in an attempt to turn those links into affiliate sales.

Affiliate Commissions

Upon acceptance into the affiliate program, you will be eligible to receive an affiliate commission for the successful completion of eligible purchases. An eligible purchase occurs when a customer (not you) clicks-through the link (supplied by totalElement to you) to the totalElement.com website and successfully completes a purchase for which totalElement receives and retains payment. The current rates of commission shall be set forth in your affiliate program interface. We reserve the right to modify the commission rate from time to time, in our sole discretion.

Commission Reversal Policy

We take pride in our very low return and reversal rate. However, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and violations of this agreement.

Jurisdiction

This Agreement is governed by the laws of the State of Colorado, without regard to its choice of law principles. You hereby irrevocably consent to jurisdiction of the state and federal courts located in Denver, Colorado with respect to any proceeding regarding this agreement. You will not prosecute any action, suit, proceeding or claim arising under or by reason of this agreement except in such courts.

Confidentiality

Any information that you are exposed to by virtue of your participation in the affiliate program, which information is not available to the general public, shall be considered to be confidential information. You may not disclose any confidential information to any person or entity, except where compelled by law, unless you obtain prior written consent for such disclosure from totalElement. You shall not use any confidential information except to the extent necessary to fulfill the purposes of this agreement.