Affiliate Program Terms & Conditions

Last update: January 13th, 2019

GENERAL GUIDELINES

Ro’s Publishers Program offers eligible Publishers, including blogs and other third party websites (“Publishers”), the opportunity to earn commissions on qualifying sign-ups that originate from links on an Publisher’s site or platform that lead to the Ro website located at Ro.co where new users can register to learn more about Ro’s products. This Publishers Policy explains your rights and responsibilities when participating in Ro’s Publishers Program.

This Publisher Policy contains the terms and conditions that apply to an individual or entity’s (each a “Publisher” or “you”) participation in the Ro Publishers Program (the “Publishers Program”).  In the event that the “Publisher” manages a network of individual Publishers, such Publisher shall be responsible for binding all individual Publishers participating in Ro’s Publishers Program in its network to these terms.

The Terms are a legally binding contract between you and Ro.  By applying and participating in Ro’s Publishers Program, you’re agreeing to be bound and abide by this Publishers policy (“Publishers Policy”). By participating in the Publishers Program you also agree to abide by and our Terms of Use, Trademark Policy, and Privacy Policy, all of which are incorporated by reference into this Publishers Policy.

To be eligible for our Publishers Program, you must:

  • 18 years of age, or the age of majority in your country;
  • Have a website with a URL – all unique sites and URLs must be approved separately by Ro;
  • Have an appropriate amount of content on your site.

The following types of websites are prohibited from participating in the Publishers Program:

  • “Cash-back” or voucher sites (websites that offer rewards for buying goods through referral links);
  • Price comparison sites;
  • Advertising networks (online networks that sell or place advertisements);
  • Sites using “pop-ups” or “pop-unders” (websites that launch “pop-up” or hidden windows on users’ browsers);
  • Sites that exist solely to promote Ro products;
  • Sites with content related to religious, political or other sensitive matters.

Prospective Publishers must apply directly through the Publishers Program platform hosted by Everflow Technologies, Inc. or such other company designated by Ro (the “Network”). You must provide and maintain complete and accurate information about you (including your payment and tax information) during your participation in the Publishers Program. Ro have the right to confirm or verify the truth and accuracy of your registration and account information at any time. You are responsible for all activity related to your account on the Network and must provide Ro with prompt written notification of any known or suspected unauthorized use of your account or breach of the security of your account.

Ro reserves the right to remove Publishers from the Publishers Program and refuse service to anyone, for any reason, at any time. Participation in the Publishers is void where prohibited by law. Ro reserves the right to approve or reject any application to join the Publishers Program for any reason.

To generate qualifying leads and receive payment for same, Publishers must use only the Creative Assets and Publisher Links provided by Ro and may not alter any of the text links or Creative Assets made available through the Publishers Program platform. Publishers are also requested not to hardcode Publisher Links into their sites, so that any updates to Creative Assets take immediate effect.  Publishers may use Ro’s Creative Assets solely for purposes of authorized participation in the Publisher Program.

The Publishers Program platform uses browser cookies to verify qualifying leads. The cookies are valid for thirty (30) days (the “Cookie Period”). Commissions are paid on qualifying leads made during the Cookie Period that originated on an Authorized Channel. This means that a Publisher can receive a commission for a qualifying lead if the lead was generated within thirty days of the user clicking the Publisher Link in an Authorized Channel, as long as the Publisher was the last referrer. If a user clicks multiple Publisher Links, the last Publisher Link to be clicked prior to a qualifying sale will receive the commission.

You are solely responsible for your site, including its development, operation, and maintenance and all materials that appear on or within it. Ro disclaims all liability for your site, for your social media content, and for any of your users’ claims relating to your site, and you agree to defend, indemnify, and hold Ro harmless from and against all claims relating to your site and the content of your social media pages.

You agree that during your participation in the Publishers Program, you will comply with the following requirements with respect to your website, advertising for your website, and social media presence:

  • Ensuring all banners, text links, individual product links and search box ads are up to date with what is offered by Ro whether through the Network or otherwise;
  • Ensuring the accuracy and appropriateness of materials and content posted on your site;
  • Ensuring that materials and content posted on your site does not violate or infringe upon the rights of any third party (including, but not limited to, copyrights, trademarks, privacy or other personal or proprietary rights);
  • Ensuring that materials posted on your site are not libelous or unlawful; and
  • Ensuring that your site complies with all applicable national, state, regional and local laws and regulations, including without limitation, clearly and conspicuously displaying all legally required notices and disclosures, including a website terms of use and privacy policy.

DEFINITIONS

Offer – Means the format which the Advertiser will pay the Publisher. The offer will specify the brand (Roman/Zero), condition (Erectile Dysfunction, Cold Sores, etc), payout format (CPL, CPS, or CPA), and payouts. The offers will be shown on the Ro tracking platform.

Leads – Means completion of a sign up form such as email collection. This will be defined in the offer terms.

Sales – Means a purchase of a product through Ro such as OTC Nicotine gum

CPL – Cost per lead. Means the Advertiser payout to a Publisher for every completed lead.

CPS – Cost per sale. Means the Advertiser payout to a Publisher for every completed sale.

CPA – Cost per action. Means the Advertiser payout to a Publisher for every completed action that is outside of a lead or sale such as an install.

Example Offer:

Roman (brand) – Erectile Dysfunction (condition), CPL, $2 per lead.

Publisher – Means an entity or company that provides marketing services to promote the Advertiser. This term applies to individual entities as well as to Affiliate networks (“Affiliate Networks”) and their members. Individual entities and Affiliate Networks are responsible for complying with the terms of agreement with Ro and Affiliate Networks are responsible for ensuring their members’ compliance. Any liability caused by an Affiliate Network member will be the responsibility of the Affiliate Network.

Advertiser – Means any brands under Ro such as Roman and Zero and any additional verticals under Ro.

GENERAL PUBLISHER OBLIGATIONS

Publisher shall not modify or alter any Offer or any graphic file(s) or creative work made available to Publisher for use in an Offer (“Creative Asset”) in any manner. Publisher will only run approved banners and text in its advertising of Offers and will not create its own banners or advertising text based on the Creative Asset or Offer, unless expressly approved in writing from Advertiser. Any other use of Offers or Creative Asset will result in immediate termination of this Agreement and the loss of payment of Leads/Sales.

Publisher shall not place an Offer on a website or in any other context with inappropriate content, which includes, but is not limited to, content that (i) contains or promotes the use of illegal substances, phone sex or escort services, expletives or other inappropriate language; (ii) promotes gratuitous violence, abuses or threatens physical harm; (iii) promotes illegal or unethical activity, racism, hate, “spam,” mail fraud, pyramid schemes, investment and money-making opportunities or illegal advice; (iv) promotes the use of illegal activities, such as how to build a bomb, counterfeiting money and software pirating (e.g., Warez, Hotline); (v) is libelous, defamatory, infringing, false, misleading or contrary to public policy; (vi) is otherwise prohibited by federal or state law; (vii) may bring Advertiser negative publicity; (viii) introduces viruses, worms, harmful code and/or Trojan horses on the Internet; or (ix) is otherwise objectionable to Advertiser, in its sole discretion.

Publisher shall not engage in any deceptive or misleading form of advertising or marketing, which includes, but is not limited to, phishing (the practice of sending an email to an individual, falsely claiming to be an established legitimate enterprise in an attempt to scam or defraud the user into surrendering private and personal information that can be used for identity theft, or for any other purpose), cybersquatting, typosquatting or combosquatting.

Publisher shall not promote on properties that condone discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identity, or age.

Publisher shall not incorporate any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights.

Publishers cannot use alter or create Ro assets that use pornography or any materials that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.

Publisher cannot use software downloads that potentially enable diversions of commission from other Publishers in our program.

Publishers shall comply with all applicable federal, state, provincial and local laws, rules, regulations, directives and governmental requirements (collectively, “Laws”) in effect now and at any time during their participation in the Publishers Program as it relates to operation of its website, including without limitation, any organic or paid advertising of its website, including through social media platforms. You further agree that all marketing activities you conduct in connection with the Publishers Program shall comply with all applicable Laws.  You further agree that you are responsible for all personally identifiable information that you collect from end users of your site and that you must obtain valid consent from end users to collect, use or disclose this information as required by applicable law. You further agree that unless you have the valid consent of the end user, you may not collect any personally identifiable information from end users.

Publisher shall comply with the U.S. Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (“FTC Guidance”), as well as the rules, regulations and policies of each applicable digital and/or social media platform, concerning Publisher’s disclosure of a material connection with Ro. Accordingly, in any and all posts or other digital content on Publisher’s site, in any and all social media outlets or other digital properties in which Publisher communicates about Ro or products sold by Ro, or in any other advertising in which Publisher communicates about Ro or products sold by Ro in connection with the Publishers Program, Publisher shall:

  • Clearly and conspicuously disclose Publisher’s relationship with Ro and that Publisher has a material connection (i.e., that Publisher receives payment of commission or other compensation);
  • Ensure that each such disclosure shall be prominently placed in close proximity to the communication about Ro or products sold by Ro;
  • Not make any false, misleading or deceptive statements about Ro, or products sold by Ro; and
  • Not make unsupported or untruthful product performance or attribute claims concerning products sold by Ro or any claims about Publisher’s experience with products sold by Ro unless such claims reflect Publisher’s personal experience and are a truthful and accurate account of Publisher’s experience.

Representations and Warranties. Publisher represents and warrants that (i) it has the full corporate or organizational right, power, and authority to enter into the Agreement and to perform the acts required of it, (ii) Publisher’s execution of or electronic agreement to this Agreement, and the performance of its obligations and duties, do not and will not violate any agreement to which it is a party or by which it is otherwise bound, or any applicable federal, state or municipal law or regulation to which it is subject, (iii) it shall render all of its services hereunder  in a professional and commercially reasonable manner, in accordance with generally accepted industry standards; and (iv) it owns or has the authority and valid license to use all intellectual property and content on its website(s) and/or in its Affiliate Network, as applicable.

Publisher also represents and warrants that it is fully compliant with applicable privacy and information security laws. It shall provide clear and conspicuous notice for, and fully disclose, its privacy policy and practices to visitors to its website(s).  If Publisher is an Affiliate Network, it shall ensure that any of its members that participate in the Ro Publisher program comply with the requirements of this paragraph.

Limitation of Liability; No Additional Warranties; Indemnification. The websites of the Advertiser (including any reporting site) and the offers are provided “as is” and “as available.” Except as expressly set forth in this agreement, neither party makes any warranties and expressly disclaims all warranties, express or implied, as to the subject matter of this agreement, including fitness for a particular purpose. In no event shall Advertiser be liable for any indirect, incidental, consequential, special or punitive damages of any kind or nature whatsoever (including lost profits or revenues, or harm to business) even if it has been notified of the possibility of such damages. In no event shall Advertiser’s liability under this agreement, whether in contract, tort or other legal theory, be greater than the total amount paid within the prior six months by Advertiser to Publisher hereunder.  Advertiser makes no representations or warranties as to the amount of income Publisher (or its members) will generate via the Publisher program, if any.

Indemnification.  Publisher agrees to indemnify, defend and hold harmless Ro, its subsidiaries, Advertisers, vendors and suppliers, and each of their respective agents, partners, officers, directors and employees from and against any third party loss, cost, claim, injury or damage (including reasonable attorneys’ fees) arising out of or related to (i) Publisher’s violation of Laws; (ii) Publishers’ negligence, willful misconduct or acts or omissions; (iii) Publisher’s breach or other noncompliance with the terms of this Agreement, including without limitation the representations and warranties; (iv) Publisher’s websites, platforms, and other channels used in connection with the Publishers Program; or (v) if Publisher is an Affiliate Network, the breach or other noncompliance with the terms of this Agreement by Publisher’s members.

Governing Law. The rights and obligations of the parties under or arising out of this Agreement shall be governed by and construed under the laws of the State of New York without reference to its conflict of laws principles.

Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any Internet outage, act of God, fire, natural disaster, accident, terrorism, riots, acts of government, shortage of materials or supplies, or any other cause beyond the reasonable control of such party.

ADDITIONAL PROVISIONS

Search Advertising:

If Publisher engages in any keyword search marketing hereunder, Publisher shall (1) comply with all rules, requirements and terms of the particular search engine being used, (2) not infringe upon any trademark or other intellectual property rights of any third parties, and (3) comply with all terms and requirements of the Advertisers with respect to search marketing. Publisher shall also comply with the following:

  • Publisher may not bid on any of Advertiser or Advertiser terms, including any variations or misspellings thereof, for search or content based campaigns on Google, Bing, Yahoo or any other network.
  • Publisher may not use Advertiser or Advertiser terms in sequence with any other keyword.
  • Publisher may not use Advertiser or Advertiser terms in its ad title, ad copy, display name or as the display url.
  • Publisher may not direct link to Advertiser or Advertiser website from any pay per Click ad or use redirects that yield the same result.
  • Publisher cannot bid on media, inclusive of search, based on the “Ro”, “Roman”, “GetRoman”, “Zero” or variations or misspellings thereof in Ro’s brand domain names and terms.

If Publisher automates its search campaigns, Publisher shall be responsible to exclude Advertiser and Advertiser terms from its program. We have a strict no tolerance policy on search term bidding. We will not enter a discussion about when the violation started and when it stopped; you will forfeit all commissions for a minimum of the past 30 days and your commission will be set to 0% without warning.

Email:

Email Publishers are required to pull suppression lists every 7 days. Encrypted list cleansing to ensure emails are not being sent to existing Roman users is required by email Publishers.

Publisher represents and warrants that, with respect to email campaigns transmitted by Publisher for Advertiser in connection with any Offer, Publisher shall at all times maintain strict compliance with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the “CAN-SPAM Act”), all rules and official guidance promulgated by the FTC pursuant to the CAN-SPAM Act, the Federal Communications Commission’s (“FCC”) rules and orders regulating the transmission of commercial email to wireless devices, and all other applicable federal, state, local and international laws and regulations.  In addition, without limiting the foregoing, Publisher agrees that it will comply with the following requirements.  If Publisher uses a third party to transmit email on its behalf, then that third party and Publisher will be treated as one and the same for purposes of this Agreement.

(A)    Address List.

(i) Publisher shall ensure that the addresses on its email address list (the “List”) are entirely “opt-in.”  This means that the email recipient has consented to receiving advertisements of the type sent by Publisher via a clear and conspicuous affirmative “opt-in” process (and has not subsequently revoked such consent), subject to a posted, clear, conspicuous and accurate privacy policy that allows such use.  If Publisher uses the list of a third party to distribute such emails, such third parties, or “List Owners,” will be considered one and the same as Publisher for purposes of this Agreement.  If any consumer makes a spam or similar complaint with respect to any emails sent hereunder, Publisher shall immediately notify Advertiser of such compliant and shall provide documentary evidence of such consumer’s opt in information, including IP address, date, time and other relevant information.

(ii) Publisher shall not promote an Offer in emails sent to persons whose email addresses were gathered in any automated process, harvesting or screen scraping, or as the result of randomly generated combinations of characters.

(iii) Publisher agrees that, prior to transmitting any email to the List, it will scrub the List against its own do-not-email list and, if required by the terms of the Offers, the do-not-mail list of the Advertisers for such Offers (collectively, the “Suppression List”).  Publisher will conduct such purges at the last possible, commercially reasonable moment, but not more than twenty-four (24) hours before the List is sent an email promoting an Offer.  Publisher will not transmit any email promoting an Offer to any address or domains on the Suppression List.   Publisher also agrees that it will download and remove the domains located on the FCC’s wireless domain names list http://www.fcc.gov/cgb/policy/DomainNameDownload.html) from all current data used in all mailings. Publisher further warrants that any new data that it acquires, regardless of its source, will be run against the FCC’s wireless domain names list and that domain names contained therein will be removed before sending any mailings.

(iv) Publisher will not (and will not allow others to) sell, remarket, disclose or use the Suppression List or the email address of any person who has opted out of receiving email promoting an Offer for any reason other than to comply with this Agreement and the law.

(v) For each List (including, without limitation, lists provided by a List Owner), Publisher will promptly provide Advertiser, upon Advertiser’s request, a written explanation of: (a) the source of the email addresses and the method by which the email recipients opted into receiving email such as messages promoting an Offer; and (b) the opt-in and/or opt-out process such recipients had and have, and the attendant privacy policy, as well as what made such process and policy clear and conspicuous to the consumer.

(B)    Transmission.

(i) Publisher shall not promote an Offer in emails sent through open proxies, from email or Internet Protocol (“IP”) addresses registered through fraud or false pretenses, or through any means in violation of an Internet Service Provider’s (“ISP”) policies.

(ii) Upon Advertiser’s request, Publisher shall promptly provide a full list of domain names, routing information and IP addresses that will be, are being or were used to send emails promoting an Offer.  In addition, upon Advertiser’s request, Publisher shall promptly provide an explanation of the transparency of the return domain names, the List Owners’ contact information and all other information that permits email recipients to identify email senders.  If at any time any of Publisher’s and/or List Owners’ IP addresses or domain names are mass-blocked or blacklisted, Publisher will inform Advertiser immediately.

(C)    Content.

Publisher shall be the “sender” of the email containing Offers as defined by the CAN-SPAM Act, its rules and official guidance, and shall comply with all requirements of a “sender” under the CAN-SPAM Act, its rules and official guidance, including but not limited to 16 CFR 316.2(m). Any email from Publisher (and any party delivering emails on its behalf) shall: (i) Have valid and traceable email header information identifying the Publisher as the sending party; (ii) Within the body of the email, include a valid physical street address of Publisher; (iii) Include a clear and conspicuous identification that such email message is an advertisement or solicitation when the email is sent to an address in which there is no prior business relationship; (iv) Within the body of the email, include the following language in a separate, stand-alone, paragraph, apart from the footer or any opt-out language, in the same color, size and font as the text used by other Advertisers in the Offer:  “This offer has been brought to you by [insert Publisher or list owner Name], a marketing company that promotes products, goods, or services to consumers by email or via the internet. This email is being sent to you because you have opted to receive such messages.” .”; (v) Include a “subject line” which accurately reflects the contents of the message and that is not misleading with respect to the contents or subject matter of the message; (vi) Include a “from line” which accurately identifies only the Publisher as the sending party; (vii) Use only email addresses containing the name of the Publisher as the sending party, and not use the non-sending party’s name in any mail-from or reply-to email addresses (e.g. “from” lines need to accurately identify Publisher as the sender of the email); (viii) use reply-to address that are functioning email addresses where Publisher can be contacted; and (ix) not contain false or misleading header or transmission information,

Publisher warrants and represents that any message content not supplied by Advertiser will not infringe upon or violate any copyrights, trademarks or any rights of privacy or publicity or other proprietary rights of, and will not violate applicable laws or regulations or cause injury to, any third party.

(D)    Opt-Out Mechanism and Compliance.  Publisher must include in each email message a clear and conspicuous explanation of how the recipient may opt-out of receiving future commercial emails from it, including a valid email address monitored by Publisher or a hyperlink that the recipient may use to do so.  If Publisher uses a hyperlink, it must allow recipients to opt-out by clicking to a single web page and providing only the recipient’s email address.  Publisher shall in no circumstances require any personally-identifiable information other than a recipient’s email address to effectuate the recipient’s request to opt-out.  The email address or hyperlink must remain capable of receiving opt-out requests for at least thirty (30) days after the email is sent.  Publisher must process opt-out requests within ten (10) days of receipt (or any other timeframe established in the future by the FTC); notwithstanding Section 8(A)(3), Publisher shall not send any commercial electronic email, including one promoting an Offer, to any recipient who has opted out 10 days or more before transmission of an email.

(E) The email addresses to be used in connection with any Advertiser email campaign shall be: (i) Collected and maintained in compliance with all federal and state laws, regulations and rules and applicable international laws and regulations; (ii) Collected from websites and other online venues in compliance with the applicable websites’ and or other online venues’ privacy policies, and such privacy policies specifically allow for Publisher to use such email addresses as contemplated hereunder; and (iii) Obtained and collected without employing email address harvesting, dictionary attacks and/or any other deceptive or illegal act and/or practice.

Push Notifications:

You agree to send push notifications in connection with the Publishers Program solely to those end users who have expressly opted in to receive such notifications from you and if you have gotten approval from Ro for this channel for dissemination of the Creative Assets.

Incentivized Advertising:

Any trafficking from websites that are point, lottery or rewards based and encourage users to click on Offers or use Offers to generate revenue for users to win points, get rewards, or other incentives are prohibited, unless approved in writing.

Mobile:

For an Offer to be distributed on wireless devices, such as cell phones and tablets, Publisher agrees to: (i) comply with all applicable laws and regulations regarding marketing to wireless devices; (ii) comply with all rules, terms and policies of the wireless service provider and the maker(s) of the wireless device and operating system running on such device, (iii) not install any software, cookies or application to the device without the express affirmative consent of the User; and (iv) provide such data regarding the Leads as may be required by Advertiser or its Advertiser from time to time, including, UDID numbers for each Lead and geo and time/date of the Lead generation.

PAYMENT TERMS

A processing fee is applied to each monthly payment as shown below:

  • US ACH: $1
  • Echeck/international ACH: $5
  • International wire: $20 with currency conversion
  • Domestic wire: $15

All payments made to Publishers require the accumulation of a minimum balance (called a threshold) of earned and confirmed commissions prior to payment. At the end of each month, a Publisher’s account has either reached the minimum balance of $150 or the balance is carried over to the following month. Exceptions will be made in the case of account closures not due to fraud.

Ro may suspend your account and/or withhold commissions if it determines you are in violation of any of the terms in this Agreement. Returns for fraud, noncompliance, and chargebacks will be issued back to the Publisher.

Have questions?

Please email us at [email protected]