Terms of Service

Last Updated: March 30, 2026

Affiliate Agreement

This Affiliate Agreement (the "Agreement"), together with any amendments, are entered into by and between Stacked Media LLC ("Stacked Media"), and the applying Party submitting the Application For Affiliate Status (the "Affiliate"), also referred to herein jointly as the Parties ("Parties", each a "Party").

1. Definitions

2. Amendments

Stacked Media LLC may amend this Agreement or Campaign Terms by posting updates on our website, deemed effective immediately unless noted otherwise.

3. Affiliate Requirements

Affiliate accounts are subject to review and rejection for any reason at any time. Affiliates must:

4. Affiliate Rules

Failure to adhere to these rules results in immediate termination and forfeiture of all monies. Key rules include:

4.12 Email Distribution Rules

4.13 Account Inactivity

Six months without login moves account to inactive status. Nine months of inactivity allows Stacked Media to terminate and debit remaining balance.

4.14 European Privacy Laws

Affiliates subject to GDPR, ePrivacy directive, or related laws must comply with EU Privacy Laws, inform users of their rights, and obtain consent for tracking devices and cookies.

5. EU Privacy Law Analysis

If determining EU Privacy Laws don't apply, provide analysis to Stacked Media or detail steps ensuring EU individuals cannot access site via services.

6. Advertising Services and Warranties

Stacked Media grants a non-exclusive, limited, revocable license to market, display, and promote Ads. Ads are provided "as is" with no warranties regarding demographic profiling, click-to-action conversion rates, response rates, or conversion rates. This license is immediately withdrawn if Ads or materials are used in violation, which may result in account termination and legal liability.

7. Commission Earnings and Payments

8. Referral Program

Affiliates earn a 5% referral fee on commission payments from referred new Affiliates for 12 months. Secondary accounts are excluded. Stacked Media reserves the right to terminate the referral program for fraud, questionable activity, or breach.

9. Representations and Warranties

Each Party represents and warrants that it has the full right, power, and authority to enter into this Agreement and perform all required acts.

10. Non-Circumvention

Affiliates cannot solicit or recruit known Stacked Media Advertisers for competitive purposes during membership and for 12 months after termination.

11. Limitation of Liability

Except for indemnification obligations, neither Party shall be liable for indirect, incidental, punitive, consequential, special, or exemplary damages. Stacked Media's total liability is capped at amounts paid to the Affiliate. Legal action must be commenced within one year of the service date.

12. Indemnification

Affiliate indemnifies and holds harmless Stacked Media, Advertisers, and their agents from any third-party liability resulting from Affiliate's acts, failures, customers, or users. Affiliate is solely responsible for legal liability arising from website content, linked materials, and privacy or compliance issues from campaigns, including Spam or fraud complaints.

13. Confidentiality

Affiliates cannot disclose confidential information including commission rates, conversion rates, email addresses, fees, or Advertiser identities without written permission from Stacked Media.

14. Force Majeure

Neither Party shall be in default if performance is delayed or prevented by acts beyond reasonable control including acts of God, fire, natural disaster, terrorism, riots, government acts, or material shortage. The affected Party must provide written notice within three business days.

15. Relationship

The Parties are independent non-exclusive contractors with no authority to bind each other.

16. Remedies

Stacked Media reserves the right to withhold payment and take legal action against violating Affiliates. All rights are cumulative and supplement other available remedies.

17. Entire Agreement

This Agreement supersedes all prior agreements, whether written or oral.

18. Governing Law

This Agreement is governed by the laws of the State of Delaware, United States. The Parties submit to the exclusive jurisdiction of the courts of Delaware.

19. Termination

Either Party may terminate this Agreement. Advertiser may terminate Affiliate for any or no reason. Upon termination, Affiliate must immediately remove all Ads and links.

Contact Us

Stacked Media LLC
3422 Old Capitol Trail. #544. Wilmington, DE. 19808
marketing@stackedmedia.com