Memoriam Collaborative Rewards Program Policy

Memoriam Collaborative Rewards Program Operating Agreement

Updated: September 30, 2026

This Collaborative Rewards Program Operating Agreement (“Operating Agreement”) contains the terms and conditions that govern your participation in the Memoriam Collaborative Rewards Program (the “Program”).

“Memoriam,” “we,” “us,” or “our” means Memoriam, LLC. “You” or “your” means the applicant or approved collaborator participating in the Program.

A “site” means a website. “Memoriam Site” means any website, online store, partner shop, or retail page operated by or on behalf of Memoriam, LLC. “Your Site” means any website, software application, social media account, digital property, or Mobile Application, as defined below, that you use to promote or link to the Memoriam Site.

“Special Link” or “Referral Link” means the unique tracking link assigned to you through the Program.

“Commissions” means compensation earned for successful and verified Qualifying Purchases made by customers using your Referral Link or other approved tracking method.

BY CHECKING THE BOX INDICATING THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THIS OPERATING AGREEMENT, DIGITALLY SIGNING THIS AGREEMENT, OR CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING OUR POSTING OR DELIVERY OF A CHANGE NOTICE, REVISED OPERATING AGREEMENT, OR REVISED PROGRAM DOCUMENTATION, YOU:

(A) agree to be bound by this Operating Agreement;

(B) acknowledge that you have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than those expressly contained in this Operating Agreement; and

(C) represent and warrant that you are lawfully able to enter into contracts and that you are and will remain in compliance with this Operating Agreement.

If this Operating Agreement is being accepted by a company, funeral home, retailer, organization, or other legal entity, the individual accepting this Operating Agreement represents and warrants that they are authorized to bind that entity.

1. Description of the Program

The purpose of the Program is to permit approved affiliates to advertise and promote Memoriam products and earn Commissions on Qualifying Purchases made by customers referred to the Memoriam Site.

A “Product” means any item sold through the Memoriam Site that is eligible for affiliate Commissions.

Memoriam may designate certain products, services, orders, customers, sales channels, promotions, or transactions as excluded from the Program (“Excluded Products”).

To facilitate your promotion of Memoriam Products, we may provide you with product data, photographs, graphics, logos, text, links, banners, marketing materials, widgets, promotional tools, and other information related to the Program (“Content”).

Content does not include materials relating to third-party products or websites unless expressly provided or approved by Memoriam.

2. Enrollment

To begin enrollment, you must submit a complete and accurate Program application.

You may be required to identify your business, website, social media accounts, retail operation, funeral home, crematory, cemetery, organization, marketing channels, or other locations through which you intend to promote Memoriam.

Memoriam will evaluate your application and may accept or reject it in its sole discretion.

Memoriam may determine that an applicant, website, organization, or marketing channel is unsuitable for participation.

Unsuitable websites or channels include those that:

(a) promote or contain sexually explicit materials;

(b) promote violence or contain inappropriate violent material;

(d) promote unlawful discrimination or discriminatory practices based on protected characteristics;

(e) promote, facilitate, or undertake illegal activities;

(f) incorporate Memoriam trademarks, logos, trade names, variations, or misspellings of Memoriam intellectual property in a domain name, subdomain, username, social media account, group name, or other identifier without written authorization;

(g) infringe or violate intellectual property, privacy, publicity, or proprietary rights; or

(h) otherwise present a reputational, regulatory, legal, financial, or commercial risk to Memoriam.

If your application is rejected, you may reapply unless otherwise instructed.

If your application is accepted and Memoriam later determines that you, your business, or your promotional channels are unsuitable or noncompliant, Memoriam may suspend or terminate your participation.

You are responsible for ensuring that information associated with your Program account remains complete, accurate, and current.

Program communications may be sent to the email address associated with your affiliate account. You are responsible for maintaining access to that email address.

3. Links on Your Site

After approval, you may display and distribute approved Referral Links.

Referral Links must use the tracking format provided or approved by Memoriam and its collaborative tracking platform.

Proper use of Referral Links allows Memoriam to track referrals, orders, attribution, and Commissions.

You may earn Commissions only for activity properly attributed to your Referral Link or another tracking method expressly approved by Memoriam.

Memoriam has no obligation to credit or pay a Commission when a transaction cannot be properly tracked because the Referral Link was altered, improperly implemented, blocked, deleted, bypassed, or otherwise rendered incapable of tracking the transaction.

If you wish to include Special Links in a software application designed and intended for use on mobile phones, tablets, or other handheld devices (“Mobile Application”), you must include the name of the Mobile Application and the link to your Mobile Application in your application to the Program. The suitability and other requirements of this Section 3 and the Mobile Application Policy will apply to Mobile Applications. We will evaluate your application and notify you of its acceptance or rejection. A Mobile Application that is accepted will be an “Approved Mobile Application” for purposes of this Agreement.

Special Links displayed in Approved Mobile Applications may be served by the Collaborate API or Affiliate API (“Collaborate API”) or the Product Advertising API, including any Special Links displayed within an integrated web browser, and must use the Collaborative Rewards ID assigned to you expressly for your Approved Mobile Applications.

4. Program Requirements

By participating in the Program, you agree to comply with this Operating Agreement and all Program policies, schedules, guidelines, participation requirements, commission schedules, marketing guidelines, and other documents referenced or provided by Memoriam (“Operational Documentation”).

You must provide information reasonably requested by Memoriam to verify compliance.

If Memoriam determines that you have violated this Operating Agreement or Operational Documentation, Memoriam may:

(a) withhold or reverse Commissions;

(b) suspend or close your affiliate account;

(d) undertake any combination of these actions or other remedies available under applicable law.

By participating in the Program, you consent to Memoriam:

sending communications relating to the Program;
tracking referral activity and transactions associated with your Referral Links in accordance with applicable privacy laws and Memoriam's Privacy Policy; and
reviewing your website, marketing channels, advertising, social media activity, or other promotional materials to verify compliance.

5. Responsibility for Your Site and Marketing

You are solely responsible for your Site, business, marketing channels, promotional activity, and all materials appearing on or through them.

This includes responsibility for:

technical operation of your Site;
displaying Referral Links and Content properly;
ensuring the accuracy and appropriateness of your marketing materials;
complying with applicable advertising and consumer-protection laws;
obtaining any permissions required for your marketing activities;
ensuring your activities do not infringe intellectual property, privacy, publicity, or proprietary rights;
appropriately disclosing your affiliate relationship with Memoriam;
maintaining any legally required privacy policies, cookie disclosures, advertising disclosures, or other notices; and
your use of Memoriam Content and Memoriam Marks.

You may not make false, misleading, deceptive, unauthorized, or unsubstantiated statements about Memoriam or its products.

You may not make medical, legal, regulatory, product-performance, safety, material, environmental, or other claims that have not been expressly authorized by Memoriam.

Memoriam will not be responsible for claims arising from your Site, advertisements, representations, marketing activities, or violation of this Operating Agreement.

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Memoriam, its affiliates, officers, directors, employees, agents, licensors, and representatives from claims, damages, losses, liabilities, costs, and expenses arising from:

(a) your Site or promotional materials;

(b) your advertising, marketing, or promotion;

(d) your violation of this Agreement or applicable law; or

(e) your negligence, fraud, or willful misconduct.

6. Order Processing

Memoriam will process Product orders placed by customers through the Memoriam Site.

Memoriam may reject, cancel, or refund any order in accordance with its applicable policies.

Memoriam will track Qualifying Purchases for Program reporting and Commission purposes using its designated tracking systems.

Collaborate reporting may be made available through the collaborator dashboard.

Memoriam's records regarding orders, transactions, returns, refunds, attribution, chargebacks, and Commission calculations will control absent clear evidence of an error.

7. Commissions and Qualifying Purchases

Memoriam will pay approved collaborators a 15% Commission on Qualifying Purchases, unless another rate has been expressly agreed to in writing or stated in the applicable Program Commission Schedule.

A Commission generally will be calculated against the eligible net Product sale amount.

Unless otherwise stated, the Commission calculation may exclude:

sales tax;
shipping charges;
discounts;
promotional credits;
refunded amounts;
returned products;
canceled orders;
chargebacks;
fraudulent transactions; and
other amounts not ultimately retained by Memoriam.

Memoriam may adjust or offset future Commissions if an excess or incorrect Commission payment has previously been made.

A “Qualifying Purchase” generally occurs when:

(a) a customer accesses the Memoriam Site through your properly tracked Referral Link;

(b) the transaction is attributed to you under the Program's then-current tracking and attribution rules;

(d) payment is successfully received and the order is not canceled, returned, refunded, charged back, or otherwise disqualified.

The Program may use an attribution or cookie period of up to 89 days following the customer's initial tracked Referral Link click, subject to the Program's current tracking settings and attribution rules.

Memoriam's affiliate tracking records will determine attribution.

Qualifying Purchases do not include:

transactions that cannot be properly tracked;
purchases resulting from improperly formatted or altered links;
self-referrals;
purchases made by you through your own Referral Link;
purchases placed by you on behalf of friends, relatives, employees, associates, customers, or other entities for the purpose of earning a Commission;
transactions intended to artificially generate Commissions;
purchases made for unauthorized resale where prohibited by Memoriam;
purchases made after termination of your account where attribution is no longer valid;
canceled, returned, refunded, disputed, fraudulent, or charged-back orders;
transactions arising from prohibited paid search advertising;
transactions involving prohibited coupon websites or prohibited distribution channels;
transactions where an affiliate offered an unauthorized incentive, rebate, kickback, reward, donation, credit, or other consideration for use of the Referral Link; or
other transactions Memoriam reasonably determines do not constitute legitimate affiliate referrals.

Paid Search

Pay-per-click advertising using Memoriam's trademarks, trade names, product names, proprietary terms, or confusingly similar variations is prohibited unless Memoriam provides prior written authorization.

Coupon and Discount Sites

Collaborators may not post Memoriam collaborate links or discount codes on unauthorized coupon websites, deal aggregators, cashback platforms, browser extensions, deal forums, sub-affiliate networks, or similar discount-focused channels.

Posting or distributing affiliate discount codes using “reveal code,” masked code, click-to-reveal, or similar mechanisms designed primarily to generate an affiliate click is prohibited unless expressly approved.

Public distribution of affiliate-specific discount codes through deal forums or discount-focused communities may be prohibited.

A “Coupon Website” may include a website or channel where:

a substantial portion of outbound traffic relates to coupons or promotions from multiple merchants;
the site prominently features terms such as “coupons,” “deals,” or “savings”;
content is primarily focused on discounts rather than original product-related content; or
the operator participates in cashback, rewards, loyalty, or browser-extension programs primarily designed to surface discounts.

Memoriam may determine whether a website or affiliate qualifies as a Coupon Collaborator in its reasonable discretion.

Upon request, you will provide a representative sample of your promotional content within five business days for compliance review.

8. Commission Payments and Taxes

Memoriam intends to pay eligible Commissions on a monthly basis unless otherwise stated in the Program dashboard or Commission Schedule.

Commissions may be subject to a holding period before becoming payable to account for returns, cancellations, refunds, chargebacks, fraud, payment disputes, and other adjustments.

Memoriam may establish a minimum payout amount and approved payment methods.

Collaborators are responsible for providing accurate payment and tax information.

Memoriam may collect and maintain information regarding a Collaborator's business location, residence, promotional activities, Referral Links, referred transactions, and other information reasonably necessary to determine and comply with sales and use tax nexus, registration, collection, reporting, and similar tax obligations in any jurisdiction.

U.S. Collaborators

U.S. collaborators may be required to provide a valid IRS Form W-9 or other documentation requested by Memoriam before receiving Commission payments.

Except where withholding is required by law, affiliates are generally responsible for determining and paying their own federal, state, local, and other taxes arising from Commission income.

Memoriam may deduct or withhold taxes from Commission payments when required by applicable law, including applicable backup withholding.

Memoriam may issue any legally required tax information returns or documentation.

Non-U.S. Collaborators

Non-U.S. collaborators may be required to provide the appropriate IRS Form W-8 or other tax documentation before receiving payments.

Applicable withholding may vary depending on tax residency, treaty eligibility, payment classification, and applicable law.

You agree to provide reasonably requested documentation necessary for Memoriam to satisfy its tax reporting and withholding obligations.

9. Policies and Pricing

Customers purchasing Products through the Program remain customers of Memoriam with respect to their purchases from the Memoriam Site.

All Memoriam pricing, terms of sale, shipping policies, return policies, refund policies, warranties, customer-service policies, product availability rules, and operating procedures will apply to those customers.

Memoriam may change its Products, pricing, policies, promotions, availability, and operating procedures at any time.

Collaborators may not independently alter Memoriam's retail prices or promise discounts, refunds, guarantees, delivery dates, personalization, services, or other terms not authorized by Memoriam.

10. Identifying Yourself as a Collaborator

You may not misrepresent or exaggerate the relationship between you and Memoriam.

Participation in the Program does not mean Memoriam sponsors, endorses, owns, operates, employs, or controls your organization.

You must clearly and conspicuously disclose your collaborative relationship where required by law.

An acceptable disclosure may include:

“We may earn a commission when you purchase through this link.”

“[Business Name] participates in the Memoriam Collaborative Rewards Program and may earn commissions from qualifying purchases made through our referral links.”

The disclosure must be reasonably noticeable to the customer and placed in accordance with applicable advertising and consumer-protection requirements.

For funeral-industry collaborators, this disclosure is in addition to, and does not replace, any disclosure, itemization, consumer-choice, cash-advance, referral-fee, commission, or other requirement imposed by the FTC Funeral Rule or applicable state funeral-industry laws and regulations.

Responsibility for State Compliance

Because funeral-industry laws and regulations vary by jurisdiction, each collaborator is responsible for determining whether participation in the Program and receipt of Commissions is lawful for its business, license type, and location.

Approval by Memoriam to participate in the Program does not constitute legal advice, regulatory approval, or a representation that a particular Commission arrangement is permitted under the laws of a collaborator's jurisdiction.

If applicable federal, state, or local law conflicts with this Operating Agreement or Program documentation, applicable law controls, and the collaborator must discontinue or modify the affected activity as necessary to remain compliant.

Memoriam may require additional certifications, disclosures, documentation, or state-specific terms as a condition of continued Program participation.

11. Limited License

Subject to this Operating Agreement, Memoriam grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license solely for purposes of participating in the Program to:

(a) copy and display approved Memoriam Content; and

(b) use Memoriam trademarks and logos expressly provided or approved for affiliate use (“Memoriam Marks”).

You may use Memoriam Marks only as authorized.

You may not:

alter the Memoriam logo without permission;
create confusingly similar marks;
register Memoriam Marks or variations as domains, usernames, business names, or trademarks;
imply ownership of Memoriam;
use Memoriam branding in a misleading manner; or
sublicense Memoriam Content or Marks.

All licenses automatically terminate upon termination of this Operating Agreement.

Upon termination, you must discontinue use of Memoriam Content and Memoriam Marks as reasonably requested.

If Memoriam provides APIs, product feeds, data feeds, advertising content, or other technical tools, those materials may be used only in accordance with the Program documentation accompanying them.

12. Reservation of Rights; Submissions

Except for the limited license expressly granted above, Memoriam retains all right, title, and interest in:

the Program;
Referral Links;
link formats;
Content;
product feeds;
APIs;
product information;
Memoriam websites;
Memoriam trademarks and logos;
photographs and graphics;
technology;
software;
intellectual property; and
other materials provided in connection with the Program.

Participation in the Program does not grant you ownership rights in any Memoriam intellectual property.

If you voluntarily provide Memoriam with suggestions, feedback, reviews, modifications, images, text, marketing concepts, or other submissions relating to the Program (“Submissions”), you represent that you have the necessary rights to provide those Submissions.

Unless otherwise agreed in writing, Memoriam may use feedback and suggestions relating to the Program without obligation to compensate you.

13. Compliance With Laws; Funeral Industry Requirements

You must comply with all federal, state, and local laws, rules, regulations, licensing requirements, professional standards, advertising requirements, consumer-protection requirements, governmental orders, and regulatory requirements applicable to your participation in the Memoriam Collaborative Rewards Program.

If you are a funeral home, funeral establishment, crematory, mortuary, funeral director, cremation provider, cemetery, preneed provider, or other funeral-industry licensee or regulated entity, you are additionally responsible for complying with all laws and regulations governing your profession and business in each jurisdiction in which you operate.

This includes, where applicable:

the Federal Trade Commission Funeral Industry Practices Rule, 16 C.F.R. Part 453 (“FTC Funeral Rule”);
Federal Trade Commission advertising, endorsement, testimonial, and affiliate-disclosure requirements;
state funeral service, mortuary science, crematory, cemetery, and preneed statutes and regulations;
regulations, orders, and professional standards adopted or enforced by applicable state funeral, mortuary science, crematory, cemetery, licensing, health, insurance, or consumer-protection authorities;
state restrictions concerning referral fees, commissions, rebates, kickbacks, fee-sharing, solicitation, advertising, and compensation for recommending funeral goods or services;
state requirements concerning the sale, recommendation, disclosure, pricing, or provision of funeral merchandise;
state licensing requirements applicable to funeral establishments, funeral directors, crematories, preneed sellers, or other regulated funeral-industry participants; and
any other state or local law governing the relationship between a funeral provider, customer, and third-party seller of funeral merchandise.

FTC Funeral Rule

Funeral providers subject to the FTC Funeral Rule must continue to provide consumers all rights and disclosures required by 16 C.F.R. Part 453, regardless of participation in the Program.

Participation in the Collaborative Rewards Program may not be used to:

require a consumer to purchase an urn or other funeral merchandise from Memoriam;
condition funeral, cremation, or related services on a consumer purchasing from Memoriam;
misrepresent that a Memoriam purchase is legally required;
restrict a consumer's right to purchase eligible funeral merchandise from another provider;
impose an unlawful handling fee or other penalty because a consumer purchases an urn or other permitted funeral merchandise from another source; or
otherwise interfere with consumer rights established by the FTC Funeral Rule.

The FTC expressly recognizes a consumer's right to provide a funeral home with an urn purchased elsewhere.

Commissions, Rebates, and Cash Advance Items

Where a funeral provider receives a Commission, rebate, discount, remuneration, or other financial benefit related to funeral merchandise obtained from or through Memoriam, the funeral provider is responsible for determining whether the compensation is subject to disclosure, itemization, cash-advance, pricing, or other requirements under the FTC Funeral Rule or applicable state law.

Where 16 C.F.R. § 453.3(f) applies, including circumstances involving a rebate, commission, or discount on a cash advance item that is not passed through to the consumer, the funeral provider must make all disclosures required by the FTC Funeral Rule on the Statement of Funeral Goods and Services Selected or other required documentation.

State Referral and Commission Restrictions

Participation in the Program is permitted only to the extent allowed by the laws and regulations of the applicable state.

Some states may prohibit or restrict a funeral licensee from paying, receiving, or participating in referral fees, commissions, rebates, kickbacks, fee-sharing arrangements, or other compensation connected with the referral or sale of funeral goods or services.

Accordingly:

a collaborator may not participate in a Commission arrangement in a jurisdiction where that arrangement is prohibited;
disclosure of the financial relationship alone does not make an otherwise prohibited Commission or referral arrangement lawful;
collaborators must comply with any state-specific disclosure, licensing, advertising, solicitation, or compensation requirements applicable to the transaction;
Memoriam may establish state-specific Program requirements, disclosures, Commission restrictions, or exclusions;
Memoriam may prohibit Commission eligibility in jurisdictions where applicable law, regulatory guidance, or compliance risk makes the arrangement impermissible or uncertain; and
Memoriam may suspend, withhold, reverse, or decline payment of a Commission when reasonably necessary to comply with applicable law or regulatory requirements.

Consumer Choice and Disclosure

Any recommendation of Memoriam by a funeral-industry collaborator must remain optional.

The customer must be free to determine whether to purchase from Memoriam or another seller, subject only to lawful requirements applicable to the funeral arrangements.

Where required by law, the collaborator must clearly and conspicuously disclose the financial relationship with Memoriam and that the collaborator may receive compensation from a purchase made through its Referral Link.

An appropriate disclosure may include:

“[Business Name] participates in the Memoriam Collaborative Rewards Program and may receive a commission if you purchase through this link. You are not required to purchase from Memoriam and may purchase an urn from another provider.”

14. Term and Termination

This Operating Agreement begins upon Memoriam's acceptance of your Program application and continues until terminated by either party.

Either you or Memoriam may terminate participation in the Program at any time, with or without cause, by providing notice.

Memoriam may immediately suspend or terminate an affiliate account for suspected:

fraud;
abuse;
self-referrals;
misleading advertising;
trademark violations;
manipulation of tracking systems;
prohibited discount promotion;
legal or regulatory violations;
reputational risk; or
breach of this Operating Agreement.

Upon termination, all rights to use Memoriam Content and Memoriam Marks terminate.

You must discontinue use of Referral Links and Program Content when requested.

Memoriam may temporarily hold unpaid Commissions following termination for a reasonable period to account for cancellations, returns, refunds, disputes, or chargebacks.

Properly earned and undisputed Commissions remaining after applicable adjustments may be paid in accordance with Program policies.

Provisions which by their nature should survive termination, including intellectual-property provisions, indemnification, confidentiality, limitations of liability, tax obligations, and dispute provisions, will survive termination.

15. Modification

Memoriam may modify this Operating Agreement, Commission Schedule, Program requirements, or Operational Documentation from time to time.

Changes may be communicated by:

posting revised terms through the Program;
posting revised documentation on the Memoriam Site;
providing notice through your affiliate dashboard; or
sending notice to the email address associated with your Program account.

Material changes will take effect on the date specified in the applicable notice.

If you do not accept a modification, you may terminate participation in the Program.

Continued participation after the effective date of a modification constitutes acceptance of the revised terms to the extent permitted by applicable law.

16. Relationship of Parties

You and Memoriam are independent contractors.

Nothing in this Operating Agreement creates any:

employer-employee relationship;
partnership;
joint venture;
agency;
franchise;
dealership;
distributorship;
fiduciary relationship; or
sales representative relationship.

You have no authority to bind Memoriam, enter into agreements on Memoriam's behalf, make warranties for Memoriam, incur obligations for Memoriam, or make representations inconsistent with Memoriam's published policies.

Participation in the Affiliate Program does not create an exclusive relationship between the parties.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEMORIAM WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE, PROFITS, GOODWILL, BUSINESS OPPORTUNITY, USE, OR DATA, ARISING OUT OF OR RELATING TO THIS OPERATING AGREEMENT OR THE PROGRAM, EVEN IF MEMORIAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEMORIAM'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS OPERATING AGREEMENT OR THE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

18. Disclaimers

THE PROGRAM, MEMORIAM SITE, PRODUCTS, REFERRAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, REPORTING, TRACKING, AND OTHER INFORMATION PROVIDED IN CONNECTION WITH THE PROGRAM ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE EXTENT PERMITTED BY LAW, MEMORIAM DISCLAIMS WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE.

MEMORIAM DOES NOT WARRANT THAT:

the Program will always remain available;
tracking will always operate without interruption or error;
all Referral Link clicks will successfully track;
reporting will be instantaneous;
any minimum volume of sales or Commissions will be achieved; or
participation will generate any particular financial result.

Memoriam may modify, suspend, replace, or discontinue any Program feature at any time.

Memoriam is not responsible for losses caused by outages, third-party software, browsers, privacy settings, cookie restrictions, network failures, tracking prevention technologies, affiliate-platform failures, unauthorized access, or circumstances outside Memoriam's reasonable control.

19. Governing Law and Disputes

This Operating Agreement will be governed by the laws of the State of New York, without regard to its conflict-of-law principles.

To the extent permitted by applicable law, any legal action arising out of or relating to this Operating Agreement or the Program will be brought in a court of competent jurisdiction located in the State of New York.

Nothing in this section prevents Memoriam from seeking temporary, injunctive, or equitable relief in a court of competent jurisdiction to protect its intellectual property, confidential information, proprietary rights, or prevent unauthorized use of Memoriam Content or Marks.

20. Miscellaneous

Memoriam may directly or indirectly solicit, market to, or conduct business with customers, funeral homes, retailers, crematories, cemeteries, organizations, or other parties, including parties that may also interact with Program collaborators.

Participation in the Program is non-exclusive unless otherwise agreed in writing.

You may not assign or transfer this Operating Agreement or your affiliate account without Memoriam's prior written approval.

Memoriam's failure to enforce any provision does not constitute a waiver of that provision.

If any provision is determined to be unenforceable, the remaining provisions will continue in effect to the maximum extent permitted by law.

Program information that is not publicly available and that Memoriam identifies as confidential, or that reasonably should be understood to be confidential, constitutes “Confidential Information.”

You agree to:

(a) use Confidential Information only as necessary to participate in the Program;

(b) reasonably protect Confidential Information from unauthorized disclosure; and

Memoriam may disclose information relating to your Program account where reasonably necessary to comply with applicable law, court orders, regulatory obligations, fraud prevention, tax reporting, or governmental requests.

You represent and warrant that neither you nor, to your knowledge, your financial institution is prohibited from participating in the Program under applicable economic sanctions or restricted-party laws.

MOBILE APPLICATION POLICY

These Mobile Guidelines (“Mobile Guidelines”) apply to your inclusion of Special Links in your Approved Mobile Application. "We," "us," or "our" means GoAffPro.com, its Partner Sites or any of its affiliates, as the case may be. "You" means the user agent for the associate account associated with the Approved Mobile Application. All capitalized terms used below that are not defined on this page have the meanings given to them in the Operating Agreement. Strict compliance with these Mobile Guidelines is required at all times, and any violation of these Mobile Guidelines will automatically terminate the Operating Agreement.

Your Mobile Application:

must be free to download and all Referral links must be accessible without paying for access;
must have original content;
must not emulate our Partner Site own shopping app functionality (if any);
must not have price tracking and/or price alerting functionality, unless approved in advance by GoAffPro or its Partner Site in writing;
must not host or render Partner site's web pages in WebViews.

We may modify this Mobile Application Policy at any time and in our sole discretion by posting a change notice or revised or a revised Mobile Application Policy on the GoAffPro or the Partner Site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM. YOUR CONTINUED INCLUSION OF SPECIAL LINKS IN YOUR APPROVED MOBILE APPLICATION FOLLOWING OUR POSTING OF A CHANGE NOTICE OR A REVISED MOBILE APPLICATION POLICY ON THE PARTNER SITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

We reserve the right, exercisable in its sole discretion, to take appropriate action against any use without permission or any use that does not conform to this Mobile Application Policy.