Legal

Affiliate Terms & Conditions

Last updated:
5.16.24

Terms of Use

Please read our affiliate terms of use (the “Affiliate Terms”) carefully before you join our Affiliate Program (as defined below) or begin marketing our Affiliate Program. These Affiliate Terms are written in plain language intentionally avoiding legalese to ensure that they may be clearly understood and followed by affiliates.

Please read the Scenery Terms carefully. Each Affiliate is responsible for assuring that its employees, agents and contractors comply with the Scenery Terms. Thank you.

Definitions

As used in these Affiliate Terms:

  1. "Affiliate Program" refers to the Scenery Affiliate Program;
  2. "Our website" refers to the Scenery properties located at http://scenery.video;
  3. "We", "us", or "our" refers to Scenery Corp. ("Scenery") and our website;
  4. "You" or "your" refers to the Affiliate; and
  5. "Your website" refers to any websites that you will link to our website.

Enrollment

If you have not already done so, you need to complete an application to the Affiliate Program, which is available at https://scenery.video/affiliate

After receiving your application, we will review your website and notify you of your acceptance or rejection into our Affiliate Program. We reserve the right to reject any application, however we encourage you to contact us if you feel we have made an incorrect decision. Including all of the websites that you use in your profile will help us make a better decision.

Plan types eligible for Affiliate Commissions

You may receive affiliate commissions only for eligible subscriptions to the following plans:

  • Pro Plans

For the avoidance of doubt, affiliate commissions are not available for subscriptions to the following plans and services:

  • Enterprise Plans

Website restrictions

Your participating website(s) shall not:

  1. Infringe on our or anyone else's intellectual property, publicity, privacy or other rights.
  2. Violate any law, rule or regulation, including but not limited to the Children’s Online Privacy Protection Act and similar privacy laws. To the extent your website does violate any law or, rule or regulation, you will indemnify us for any such violation.
  3. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
  4. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
  5. Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website.

Linking to our website

Upon acceptance into the Affiliate Program, links will be made available to you through your affiliate dashboard. Your acceptance in our Affiliate 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 will ensure that your information including your email address is at all times complete, accurate and up-to-date. We may send communications to the email address associated with your account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.
  3. All domains that use your affiliate link must be listed in your affiliate profile.
  4. Your website will not in any way copy, resemble, or mirror the look and feel of our website. You will also not use any means to create the impression that your website is our website or any part of our website including, without limitation, framing of our website in any manner.
  5. 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 (e.g., the page from where the click is originating).
  6. You may not misrepresent or embellish the relationship between you and Scenery or imply any relationship or affiliation between you and Scenery or any other person or entity except as expressly permitted by the Affiliate Program. You may not represent yourself as an agent or employee of Scenery or represent that you have the authority to bind Scenery to a contract.

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 is prohibited. Failure to abide by these rules could mean termination from our Affiliate Program with a complete forfeit of commissions. This does not include using "out" redirects from the same domain where the affiliate link is placed.

Social Media

Promotion on Facebook, Twitter, Instagram, blogs, emails, 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 on your own Facebook, Twitter, Instagram, etc. pages.
  2. When you choose to publish an affiliate link on any third-party site such as Facebook, Twitter, Instragram, etc. you agree you comply with all applicable policies, terms and procedures of the applicable third-party site as it relates to your use of such site.

Operations outside United States

If you are conducting business in or taking orders from persons in other countries, you will comply with the laws of those countries. For example, you will comply with the European Union's General Data Protection Regulation if you are conducting business in or taking orders from persons in one or more of the European Union countries.

Reversal & Communication Policy

Scenery takes pride in its very low reversal rate, which we attribute to open communication with our affiliates. However, we reserve the right to reverse orders in our sole discretion, including due to order cancellations, duplicate tracking, returns, disputed charges, and Affiliate Program violations as outlined in these Affiliate Terms. Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our Affiliate Terms, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.

  1. You are not forthcoming, intentionally vague or are found to be lying.
  2. You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile.
  3. You cannot substantiate or validate the source of your traffic to our Affiliate Program with clear and demonstrable proof.

If any of the above apply, then we reserve the absolute right to reverse orders, withhold commission and remove you from the Affiliate Program at any time. We know that many violations are a result of automated processes; however, it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to pro-actively address these issues and adhere to our Affiliate Program rules. We can update these Affiliate Terms at any time without prior notice. If we modify these Affiliate Terms, we will post the modification on the Scenery website, which are effective upon posting. By continuing to send referrals after we have posted a modification, you are indicating that you agree to be bound by the updated Affiliate Terms. If the modified Affiliate Terms are not acceptable to you, your only recourse is to stop sending referrals and not use your affiliate link.

Disclaimer

WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING SCENERY. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

Limitations of Liability

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THESE AFFILIATE TERMS 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 YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE AFFILIATE TERMS, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE AFFILIATE TERMS, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL FEES PAID TO YOU UNDER THESE AFFILIATE TERMS.

Indemnification

You agree to indemnify and hold harmless Scenery and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of these Affiliate Terms. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by Us in connection with or arising from any such claim, suit, action, or proceeding.

FTC Disclosure Requirements

You must be in good standing with the Federal Trade Commission (the “FTC”) and in compliance with all FTC guidelines.

You shall include a disclosure statement within any and all pages/posts where affiliate links for our Affiliate Program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us or from the affiliate management team for review, this also must be clearly stated in your disclosure.

As an Affiliate, you also understand and agree that you have read and fully agree to the terms listed on the Official FTC Website.

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