1. Appointment. The Company would like the Affiliate’s assistance in the promoting the Company’s products via their social media channels. The Company hereby appoints the Affiliate as its representative on a non-employee basis to promote and endorse Company products.
2. Term. This Agreement shall have an indefinite term, starting on the Agreement start date listed above, until either party terminates the Agreement based on the Cancellation policy listed in Section 10 of this Agreement.
3. Company Responsibilities. The Company agrees to provide personal affiliate links, according to each landing page requested by the Affiliate, which can be recognized by the extensions in the URLs. The links may be used at the Affiliate’s discretion. The Company agrees to pay the Affiliate a total amount equal to 8% of any sales made on the Company’s website (www.seavenger.com) via the affiliate links provided. The Company also agrees to provide the Affiliate with a personal coupon code to be used at the Affiliate’s discretion.
4. Affiliate Responsibilities. The Affiliate agrees to display the affiliate links prominently in all relevant sections of his or her website or social media profiles and promote Company products on his YouTube videos and within any other social media channels that he so chooses. The Affiliate also agrees to use his affiliate links to direct subscribers and followers to the Company’s website, and promote the Company’s Instagram account whenever logical. The Affiliate agrees not to use cookie stuffing techniques that set the affiliate tracking cookie without the Referred Customer’s knowledge (e.g. iframe).
The Affiliate must comply with the FTC guidelines by offering clear disclosure of his/her connection to the Company, including if he/she was provided with certain products or is being paid for a particular service. The Affiliate is responsible for making sure FTC guidelines are met. Any videos or photos must not include language that could be conceived as promoting bigotry, racism or discrimination based on any people group, culture, or identity.
5. Emails and Publicity. The Affiliate agrees not to create, publish, transmit, or distribute, under any circumstances, any bulk email messages (also known as “spam”) without prior written consent from the Company, to be granted or denied in the Company’s sole discretion, each instance. Additionally, the Affiliate may only send emails containing the Company affiliate link and/or a message regarding the Company or the Company’s Affiliate Program to people who have previously consented to receive such communications from the Affiliate. Failure to abide by this or any applicable laws relating to email communications in any manner will be deemed a material breach of this Agreement and will result in the forfeiture by the Affiliate of any and all rights the Affiliate has to any commissions and the termination of the Affiliate’s participation in the Affiliate Program. Further, if the Affiliate’s account has excessive clicks in a very short period of time as determined by the Company in its sole discretion, the Affiliate relationship may be terminated.
6. Paid Search Policy. The Affiliate is required to comply with the following rules when bidding on keywords on any paid search engines or a social media site, including but not limited to Google, Yahoo, Bing, Twitter, and Facebook:
The Affiliate is prohibited from bidding on any of the Company trademarks or any variations or misspellings thereof without the Company’s prior written approval. Examples of prohibited keywords are “Seavenger”, “seavenger.com”, www.seavenger.com, “sea venger”, and “sea avenger”.
The Affiliate is prohibited from bidding on keywords containing Seavenger trademarks plus an additional search term, such as “seavenger reviews”, “seavenger promotions”, “seavenger coupons”, and “seavenger promos”. Furthermore, the Affiliate is not permitted to broad or phrase match any of these keywords.
The Affiliate is prohibited from outranking the Company’s internal paid search ad on any keywords.
The Affiliate is prohibited from direct-linking to www.seavenger.com from any paid search ads.
The Affiliate is prohibited from using www.seavenger.com as a display URL.
All materials, including but not limited to ad copy, coupons, and promotions on the Affiliate’s website must accurately represent active and valid promotions. For example, the Affiliate may not display an ad on the Affiliate’s website for a promotion that has expired. The Company continues to monitor all paid search landscapes. If the Affiliate continues to be in violation of this section, the Affiliate’s participation may be terminated. For more information on match types, please visit Google’s overview of match types.
7. Qualified Purchases. A Qualified Purchase does not include the following: a purchase made by the Affiliate or by someone in the Affiliate’s household.
8. Rights to Content. The Affiliate shall hold the sole rights to all content posted on his/her personal social media accounts for the length of this Agreement and indefinitely afterward. The Affiliate understands, acknowledges and accepts that the Company holds the right to repost or share any content that explicitly markets the Company’s products. Any reposted or shared content that belongs to the Affiliate will include credit in the caption.
9. Third-Party Creatives. In the case that any photos or videos in the Affiliate’s content are taken by an external person(s), including paid photographers, freelancers, friends, family members, acquaintances, etc., the Affiliate understands that it is his/her sole responsibility to communicate to the Third-Party Creative the Company’s rights to post that content indefinitely and at the Company’s discretion. The Affiliate understands that they are not required by the Company to hire or pay money for a third-party photographer or videographer, however they may choose to do so at their own cost.
10. Cancellation. In the event that the Affiliate has breached this Agreement, the Company has the right to ask the Affiliate to immediately cease all promotional activities or to make clarifying statements. If the Affiliate does not comply, the party shall be considered having breached the Agreement and the Company may choose to terminate the Agreement and cease all further payment. Either party may terminate this agreement at any time without cause upon thirty days prior written notice to the other party.
11. Compensation. The Company agrees to provide a flat commission rate according to the Responsibilities listed in Section 3 of this Agreement. The Affiliate understands that there is a minimum payout amount of $20 commission. The Affiliate understands that commission payment is based on sales that were made at least 30 days prior to the payment date and that it may take up to 60 days to receive payment for a sale. Payments will be made on the 10th day of every month. If the 10th day of the month lands on a weekend or holiday, payments will be made the following business day. Payments will be delivered PayPal.
12. Rights to Review and Reserve Payment. The Company reserves the right to withhold payment of initial commission fees to Affiliates who are new to the Affiliate Program, or who have commissions that are potentially fraudulent as determined by the Company in its sole discretion, to determine the legitimacy and cancellation rates of Referred Customers.
The Company reserves the right to suspend the payment of commission fees at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms of this Agreement by the Affiliate or a Referred Customer. The Company reserves the right to deduct from the Affiliate’s current and future commission fees any and all commission fees corresponding to any fraudulent, questionable, and canceled purchases. If no subsequent commission fee is due and owing, the Company will send the Affiliate a bill for the balance of such refunded purchase upon termination of the program or upon the termination of the Referred Customer.
The Company reserves the right to immediately cancel or withhold for later review any commission fee that fails to meet the criteria of a “qualified purchase” (Section 5). Affiliate is responsible for monitoring the payment, denial, and withholding of commission fees. The company is not obligated to actively notify the Affiliate of the status of any commission fees. If the Affiliate has a question about a commission fee that has been canceled or withheld, the Affiliate has 30 days from the day the payment would have been due to contact the Company to request that the commission fee be paid. Any changes to decisions about canceled or withheld commission fees are strictly made in the Company’s sole discretion.
Any attempt by an Affiliate to manipulate, falsify or inflate Referred Customers, Qualified Purchases, or commission fees to intentionally defraud the Company or any violation of the terms of this Agreement constitutes immediate grounds for the Company to terminate the Affiliate’s participation in the Affiliate Program and will result in the forfeiture of any commission fees due to the Affiliate.
13. Force Majeure. If either party is unable to perform any of its obligations by reason of fire or other casualties, strike, act or order of public authority, act of God, or other cause beyond the control of such party, then such party shall be excused from such performance during the pendency of such cause.
14. Independent Contractor. The Affiliate agrees that he/she is considered a self-employed independent contractor of the Company and is not entitled to any employee benefits of the Company.
15. Hold Harmless and Indemnification. In consideration of the payment received by the Affiliate from the Company, the Affiliate hereby releases, holds harmless, and indemnifies the Company and all employees of the Company from any and all liabilities, claims, and/or suits for any reason of damages, injury, or death.
16. Mediation and Arbitration. The Affiliate agrees that any dispute or disagreement between the Company and the Affiliate shall be mediated and arbitrated by the two parties and will not be taken to court.
This document and all forms and copies of this document are considered a valid, legally binding agreement between the Affiliate and the Company.
17. Governing Law. This contract is governed and informed by the laws of the United States of America and of the State of California.
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