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Iomega® Affiliate Program

IMPORTANT-READ CAREFULLY: THIS AFFILIATES PROGRAM AGREEMENT, INCLUDING APPLICABLE OFFERS (COLLECTIVELY, THE "AGREEMENT"), IS A LEGAL AGREEMENT BETWEEN YOU AND IOMEGA CORPORATION ("IOMEGA") FOR PARTICIPATION IN THE AFFILIATES PROGRAM ("PROGRAM") OF IOMEGA AS MANAGED BY AND THROUGH THE LINKSHARE NETWORK. BY REGISTERING FOR AND PARTICIPATING IN THE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT REGISTER FOR OR PARTICIPATE IN THE PROGRAM. AS USED IN THIS AGREEMENT "WE" AND/OR "US" MEANS IOMEGA CORPORATION AND ITS SUBSIDIARIES AND CORPORATE AFFILIATES ("IOMEGA") AND "YOU" MEANS THE PARTICIPATING WEB AFFILIATE ("AFFILIATE" OR "YOU").

1. PARTICIPATION IN THE PROGRAM
If you are a member of The LinkShare Network, you only need to read and agree to this Agreement. If you are not a member of The LinkShare Network, you must complete a registration form to join The LinkShare Network and then read and agree to this Agreement. We will evaluate your registration and notify you of our decision. We may reject your application if we determine, in our sole discretion, that your Site is unsuitable for the Program. Unsuitable sites include, but are not limited to, those that:

  • Promote violence
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Promote illegal activities
  • Promote or use bulk unsolicited email (spam)
  • Manipulate key word searches on portals
  • Misrepresent themselves as an Iomega Web site by co-opting the visual "look and feel" of or text from the Iomega Site
  • Include "Iomega" or variations or misspellings thereof in their domain names
  • Violate intellectual property rights, including, without limitation, "scraping" text or images from the Iomega Web sites
  • Use or support business activities of a person or company, directly or indirectly, representing a United States embargoed country
  • Do not clearly state an online privacy policy to its visitors
  • Fail to include copy in their search engine advertising clearly showing that they are affiliates rather than Iomega itself
  • Otherwise are considered offensive or inappropriate at the discretion of Iomega
Once you are accepted into the Program, you will be able to participate in the Program subject to the terms and conditions of this Agreement. You should also note that if you are accepted to participate in the Program and your Site is thereafter determined, in our sole discretion, to be unsuitable for the Program based on the above mentioned criteria, Iomega may terminate this Agreement.

2. DEFINITIONS
2.1.    "Iomega Site" means the Iomega Web site located at the URL www.iomega.com.

2.2.    "Offer" means a specific offer posted by Iomega on its Program Site located within The LinkShare Network Site that receives an identification number from The LinkShare Network. The terms and conditions of such Offers shall be incorporated into this Agreement.

2.3.    "Qualifying Link" means a link from your Site to the Iomega Site using one of the Required URLs or any other URL or graphic link provided by Iomega for use in the Program (through the LinkShare Network).As specified below, no link is a Qualifying Link if the Affiliate directly links to the Iomega.com web site; Affiliates must land users on the Affiliates' own web sites.

2.4.    "Qualifying Product" means an Iomega product or service that is offered for sale at the Iomega Site.

2.5.    "Qualifying Product Sales" means sales of Qualifying Products (less shipping charges, taxes, returns and cancellations) made through a Qualifying Link to end users. Qualifying Product Sales specifically excludes (a) sales of Iomega products and services sold by phone, (b) sales of Iomega products and services made through sites other than the Iomega Site (e.g., all Offers are limited to the Iomega U.S. sites), (c) sales of non-Iomega products and services, including third-party modules, (d) sales through the Valued Partner Program, academic pricing or other business or reseller sales, (e) sales of Iomega products and services made to you for the purpose of further distribution or resale, and (f) sales of Iomega products to a customer residing outside of the continental United States.

2.6.    "Qualifying Product Revenues" means revenues derived by us from Qualifying Product Sales, excluding costs for shipping, handling, taxes, credit card processing fees, bad debt, and promotional discounts as advertised.

2.7.    "Required URLs" means the special URLs specified in an Offer to be used to link from your Site to the Iomega Site.

2.8.    "Site" means a World Wide Web Site and, depending on the context, includes the Web site that you will link to the Iomega Site as identified in your LinkShare.com registration form.

3. OFFERS
3.1.    From time to time, Iomega may post on The LinkShare Network Offers to pay members of The LinkShare Network, a specified referral fee on certain Qualifying Product Sales to third parties through a Qualifying Link.

3.2.    The terms of an Offer, as posted on The LinkShare Network or otherwise communicated to you, shall be governed by the terms and conditions of this Agreement. However, in the event of any inconsistency between the terms of the specific Offer and the terms of this Agreement, the terms of the Offer shall govern. The standard commission is 3% on net sales.

3.3.    At any time prior to you providing a Qualifying Link, Iomega may with or without notice (a) change, suspend or discontinue any aspect of an Offer or (b) remove, alter, or modify any graphic or banner ad provided to you pursuant to an Offer. You agree to promptly implement any request from Iomega to remove, alter or modify any graphic or banner ad submitted by you that is being used in connection with an Offer. Iomega agrees to give reasonable notice to these changes where possible.

4. YOUR RESPONSIBILITIES
4.1.    You shall only link your Site to areas within the Iomega Site using Required URLs. You may post as many links to the Required URLs as you like. The position, prominence and nature of links on the Iomega Site shall comply with any requirements specified in the Offer, but otherwise will be at the discretion of Iomega. Only valid Qualifying Links generated by The LinkShare Network will be tracked for purposes of determining referral fees that you may be eligible to receive on Qualifying Product Sales generated through your Site.

4.2.    Iomega will not, and is not obligated to, make any representations, warranties or other statements concerning you, your Site, any of your products or services, or your Site policies, except as expressly authorized by the Offer.

4.3.    You will be solely responsible for the development, operation and maintenance of your Site and for all materials that appear on your Site. We disclaim all liability for such materials. You shall indemnify and hold Iomega harmless from all claims, damages and expenses (including, without limitation, attorney's fees) relating to the development, operation, maintenance and contents of your Site. You are also responsible for notifying us and The LinkShare Network of any malfunctioning of the Required URLs or other problems with your participation in the Program in accordance with the terms of the Offer and this Agreement. Iomega (or a designee such as The LinkShare Network) will respond in normal course to all concerns upon notification.

4.4.    You will not outbid Iomega for search-hits through any search engine for any Iomega trademark or term substantially similar to an Iomega trademark or product name, including but not limited to ZIP, JAZ, REV, and Iomega; if you do so accidentally, Iomega may provide notice to you. Immediately upon notice from Iomega that you are outbidding Iomega, you will make best efforts to lower your cost per click (CPC) payment offer as promptly as possible.

4.5.    You will not include any Iomega trademark in your URL; for example, you may not utilize a URL with "Iomega" or "REV" in the address.

4.6.    Affiliates must not directly link to the Iomega.com web site, but rather must land users on the Affiliates' own web sites.

4.7.    Affiliates must include copy in their search engine advertising so that users are clearly advised at all times, from landing on such Affiliates' web pages onward, that all such URLs are run by Affiliates and not Iomega itself.

5. REFERRAL FEES
5.1.    We agree to pay you (directly or via LinkShare) the referral fee specified in the Offer if: (a) a visitor to our Site (a "Customer") purchases a Qualifying Product and remits full payment to us; (b) that Customer has accessed our Site and purchased the Qualifying Product online via a Qualifying Link from your Site, provided that it is the last link to our site that the Customer uses during a Session where a sale of a product or a service to Customers occurs; (c) that the purchase occurs within 31 days of your referral; (d) that Customer does not subsequently return or cancel the Qualifying Product purchase; (e) the Customer's order for the Qualifying Product was not completed by interaction with a live Iomega sales representative (e.g., Customer saves the order for the Qualifying Product in a "shopping cart" then calls an Iomega sales representative to complete the order and abandons the "shopping cart"); and (f) the Customer's shipping address is one within the continental United States.

5.2.    Iomega shall have the sole right and responsibility for processing all orders made by Customers. You acknowledge that all agreements relating to sales to Customers shall be between Iomega and the Customer. Customers who buy products through this Program will be deemed to be Customers of Iomega. Accordingly, all Iomega rules, policies, and operating procedures concerning customer orders and returns, customer service, customer data, and product sales will apply to those Customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you already have listed on your Site, you may not include price information in your Product descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular Product.

5.3.    All determinations of whether Qualifying Links have been established and maintained, whether a Qualifying Product Sale was completed within the time period specified in an Offer, the number or amount of sales, and the amount of referral fees, that are made by LinkShare and/or Iomega in good faith will, absent manifest error, be binding on both Iomega and Affiliate.

5.4.    All sales information will be posted to The LinkShare Network as soon as is feasible. Because sales are not posted until they are shipped, there may be some sales that will not post right away (e.g. when a product is on back order). Affiliate's statistics are available within The LinkShare Network 24 hours a day, 7 days a week.

6. REFERRAL
6.1.    Unless otherwise stated in an Offer Addendum, we will pay you referral fees on a monthly basis. Approximately sixty (60) days following the end of each calendar month, we (or our designee, The LinkShare Network) will send you a check for the referral fees earned on Qualifying Product revenues for that month, less any returns and web-hosting orders canceled within the previous months. However, if the referral fees payable to you for any calendar month are less than the minimum referred to in our Offer, typically $25.00, we will hold those referral fees until the total amount due is at least the minimum amount referred to in our Offer or, if earlier, until this Agreement is terminated. If a customer returns a Qualifying Product that generated a referral fee, we will deduct the corresponding referral fee from your next monthly payment. If there is no subsequent payment, we will send you an invoice for the referral fee payable within thirty (30) days of your receipt of the invoice. The standard referral commission is 3% although we may offer other commissions as we see fit.

6.2.    All payments will be made through The LinkShare Network and will be paid in U.S. dollars. The Iomega Site does not currently ship products outside of the continental United States.

7. OWNERSHIP AND LICENSES
7.1.    Each party owns and shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.

7.2.    We grant you a limited, revocable, non-exclusive, license to use the graphic image and text, which may include our name, logos, trademarks, service marks (collectively, the "Iomega Marks"), designated in the Offer, only as provided to you through The LinkShare Network Site and solely for the purpose of creating links from your Site to our Site pursuant to this Agreement. Except as expressly set forth in this Agreement or permitted by applicable law, you may not copy, distribute, modify, reverse engineer, or create derivative works from the same. You may not sublicense, assign or transfer any such licenses for the use of the same, and any attempt at such sublicense, assignment or transfer is void. Any prominent use of the Iomega Marks on your Site must be approved by Iomega prior to publishing. We may revoke your license at any time for cause by giving you written notice.

7.3.    The Parties understand and agree that Iomega Corporation owns the Iomega Marks and may be a necessary party in any undertaking to enforce this Agreement.

7.4.    As a condition to your acceptance and participation in the Program, you shall not undertake or engage in the following practices, and any violation of this Section shall be deemed a material breach of this Agreement; (a) Use or otherwise incorporate the word "Iomega" or variations or misspellings in the domain name(s) of your Site(s), on any meta tags of Web pages comprising your Site; (b) Modify or alter the Iomega Site in any way; (c) Make any representations, either express or implied, or create an appearance that a visitor to your Site is visiting the Iomega Site, e.g. "framing" the Iomega Site, without the prior written approval of Iomega; or (d) "Scrape" or "spider" the Iomega Site or any other Iomega Web Site for content (such as images, logos and text).

8. TERMINATION
8.1.    Either party may terminate an Offer at any time by deleting their acceptance of the Offer through The LinkShare Network. Termination of a specific Offer shall not be deemed to terminate any other Offers.

8.2.    Either party may terminate this Agreement at any time, for any reason, upon fifteen (15) days prior written notice of such termination to the other party and The LinkShare Network. In addition, Iomega shall be entitled to terminate this Agreement immediately if you materially breach or violate any terms or conditions of this Agreement or if Iomega determines, in its sole discretion, that there are technical or operational issues (e.g. interruptions caused by or shifts in online/Internet technology) that adversely affect the implementation of the Program. Termination of this Agreement shall also terminate any outstanding Offer. However, all rights to payment, causes of action and any provisions that by their terms are intended to survive termination, shall survive termination of this Agreement.

8.3.    Upon termination of this Agreement for any reason, you will immediately cease use of, and remove from your Site, all links to the Iomega Site, and all Iomega trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.

8.4.    You are only eligible to earn referral fees on Qualifying Product Revenues occurring during the term of this Agreement, and referral fees earned through the date of termination will remain payable only if the related Qualifying Products are not canceled or returned by a Customer. In addition, we may invoice you for referral fees that were paid to you prior to termination if those referral fees relate to Qualifying Products that are subsequently canceled or returned by a Customer. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

9. REPRESENTATIONS
9.1.    You represent and warrant that (a) you have the authority to enter into this Agreement and sufficient rights to grant any licenses expressed herein, and (b) any material displayed on your Site will not: (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation; (iii) be defamatory or libelous; (iv) violate any laws regarding unfair competition, anti-discrimination or false advertising; (v) promote violence or contain hate speech; (vi) promote discrimination based on race, age, sex, religion, nationality, sexual orientation or disability; (vii) contain viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines or (vii) otherwise constitute an "unsuitable Site" as determined by Iomega in accordance with the terms outlined in the Section 1. above titled "Participation in the Program."

9.2.    NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES TO THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IOMEGA MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE PROGRAM OR THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE AND WE WILL NOT BE RESPONSIBLE FOR CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

10. INDEMNIFICATION
Each party hereby agrees to indemnify, defend and hold harmless the other party and its Affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) brought by a third party, arising out of a breach, or alleged breach, of any of its representations or obligations herein.

11. LIMITATION OF LIABILITY
In no event will either party be liable to the other party for any direct, indirect, special, exemplary, consequential or incidental damages arising from or related to this Agreement, the Program, or The LinkShare Network, even if informed of the possibility of such damages. Further, the aggregate liability to Iomega arising from this Agreement and the Program shall not exceed the total referral fees paid or payable to you under this Agreement.

12. GENERAL
12.1.    No Agency. Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect, and nothing in this Agreement (including any Offer) shall create any partnership, join ventures, agency, franchise, sales representative or employment relationship between the parties, Neither party shall make any statement, whether on their sites or otherwise, that reasonably would contradict anything in the paragraph.

12.2.    Responsibility for Binding Agreement. You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit Customer referrals on terms that may differ from those contained in this Agreement or operate Sites that are similar to or compete with your Site. You have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

12.3.    Jurisdiction; Venue. THIS AGREEMENT HAS BEEN MADE IN AND SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES AND UTAH WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION TO ENFORCE THIS AGREEMENT MUST BE BROUGHT IN THE STATE OR FEDERAL COURTS LOCATED IN SALT LAKE CITY, UTAH, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

12.4.    Notice. Any notices require or permitted by this Agreement must be delivered to Iomega via registered mail to:

Attention: General Counsel
10955 Vista Sorrento Parkway
San Diego, CA 92130

Any notices required or permitted by this Agreement will be sent to you by Iomega via email at the address you provided when you registered to become a member of The LinkShare Network.

12.5.    Severability. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable in whole or in part.

12.6.    Assignment. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent, which may be withheld in our sole discretion. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision or any other provision of this Agreement. Iomega may assign or transfer its rights and duties hereunder in the event of a merger or acquisition of 50% or more of the assets of Iomega Corporation.

12.7.    Equitable Relief. The parties agree that any breach of either of the party's obligations regarding trademarks, service marks or trade names, confidentiality, links or the removal of links, and/or user data may result in irreparable injury for which there may be no adequate remedy at law. Therefore, in the event of any breach or threatened breach of a party's obligations regarding trademarks, service marks or trade names, confidentiality, links or the removal of links, and/or user data, the aggrieved party will be entitled to seek equitable relief in addition to its other available legal remedies in a court of competent jurisdiction.

12.8.    Obligation to Provide Notice of Dispute. Except as provided in this Section 12.7, before either party initiates a lawsuit against the other relating to this Agreement, the parties agree to mediate all disputes and claims arising out of or relating to this Agreement, the parties' performance under it, or its breach. To this end, either party may request, after informal discussions have failed to resolve a dispute or claim, that each party designate an officer or other management employee with authority to bind the party to meet in good faith and attempt to resolve the dispute or claim through mediation. During their discussions, each party will honor the other's reasonable requests for information that is not privileged and relates to the dispute or claim. This Section does not apply (i) should the expiration of the statute of limitations for a cause of action be imminent, or (ii) if emergency equitable relief is reasonably believed to be required.

12.9.    Force Majeure. You acknowledge that the Iomega and LinkShare servers, equipment, and services (e.g. tracking and reprint) may be subject to temporary modifications or shutdowns due to causes beyond reasonable control of Iomega and LinkShare. Such temporary service interruptions will not constitute a material breach of this Agreement. Iomega and LinkShare will use commercially reasonable efforts to provide the services contemplated under this Agreement and to remedy any temporary interruptions or other problems that adversely affect the Program.

12.10.    Attorneys' Fees. In the event any action is commenced to construe or enforce any provision of this Agreement, the prevailing party, in addition to all other amounts such party is be entitled to receive from the other party, will be entitled to receive its reasonable attorneys' fees and costs incurred in bringing such action.

12.11.    Survival. Sections 8 (Termination), 10 (Indemnification), 11 (Limitation of Liability), and 12 (General), including all subsections thereof, shall survive the termination of this Agreement.

12.12.    Modifications. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the LinkShare Site and giving you notice of the modification through The LinkShare Network. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

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