Austlen Baby Co. Affiliate Terms & Conditions
Please read our affiliate terms and conditions carefully before you join our program or begin marketing of our program. Adherence to the terms and conditions provides that our Austlen Affiliate program is sustainable and profitable for both Austlen and our Affiliates. It is each Affiliate’s responsibility to ensure compliance at all times and each Affiliate is solely responsible for the actions of employees, agents or contractors acting on that Affiliate’s behalf.
DEFINITIONS
As used in the below Terms: (i) “Austlen”, “We”, “us”, or “our” refers to Austlen Baby Co. and our sites; (ii) “you” or “your” refers to the Affiliate; (iii) “Our Sites” refers to the Austlen properties located at www.austlen.com, www.instagram.com/austlen, www.facebook.com/Austlen, www.youtube.com/@austlen, //www.pinterest.com/austlen, www.x.com/austlenbaby ; (iv) “Your Sites” refers to any websites, Instagram, Facebook or TikTok pages, posts, reels or stories, etc. that you will link to Our Sites; (v) “Program” refers to the Austlen Affiliate Program.
ENROLLMENT
After receiving your application, we will review Your Sites and notify you of your acceptance or rejection into our Program. Please allow up to 3 business days for your application to be reviewed. We reserve the right to reject any application, however we encourage you to contact us if you feel we have made an incorrect decision. Including all of the sites that you use in your profile will help us make a better decision.
SITE RESTRICTIONS
Your Sites may not:
1. Have a primary purpose of marketing or advertising discounts, discount codes, coupons, coupon codes or promotions.
2. Infringe on our or any other person's or entity's intellectual property, publicity, privacy or other rights.
3. Violate any law, rule or regulation.
4. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
5. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
6. Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website.
LINKING TO OUR WEBSITE
Upon acceptance into the Program, links will be made available to you through the affiliate interface. Your acceptance in our program means you will agree to and abide by the following.
1. You agree that you will only use linking code obtained from the affiliate interface without manipulation.
2. All Your Sites including domains and subdomains that use your affiliate link must be listed in your affiliate profile.
3. You hereby agree that Your Sites will not in any way copy, resemble, or mirror the look and feel of Our Sites. You will also not use any means to create the impression that Your Sites are Our Sites or any part of Our Sites including, without limitation, framing of Our Sites in any manner.
4. Cookie stuffing, pop-ups, false or misleading links are strictly prohibited. In addition, you will not mask the referring url information (i.e. the page from where the click is originating).
5. Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is expressly prohibited and is a direct violation of the program terms.
If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using “out” redirects from the same domain where the affiliate link is placed.
PPC GUIDELINES
If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:
1. You may not bid on any of our trademarked terms, including any variations or misspellings thereof for search or content-based campaigns on Meta (Facebook & Instagram), Amazon, Google, MSN, Yahoo or any other network.
2. You may not use our trademark terms in sequence with any other keyword (i.e. Austlen Coupons, Austlen deals, etc.).
3. You may not use our trademarked terms in your ad title, ad copy, display name or as the display url.
4. You may not direct link to our website from any Pay Per Click ad or use redirects that yield the same result. Affiliates must be directed to an actual page on Your Sites.
5. You may not bid in any manner, appearing higher than Merchant for any search term in position 1-5 in any auction style pay-per-click advertising program
If you automate your PPC campaigns, the responsibility is yours to exclude our trademark terms from your program and we strongly suggest you add our trademarked terms as negative keywords. We have a strict no tolerance policy on PPC trademark 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.
Trademarked & Prohibited Terms: austlen, entourage, www.austlen.com, austlen.com, austlyn, austlynn, austlin, austlin, auslen, auslin, get your parenting in gear, best and last, best & last.
COUPON GUIDELINES
Austlen expressly denies participation in our Affiliate program by sites whose primary purpose is marketing or advertising discounts, discount codes or promotions in any form. The purpose of our Affiliate program is for Affiliates producing quality content (for parents of young children and/or expectant parents) who have cultivated audiences to introduce new families to our brand for the first time. We have structured a generous commission for this purpose as we believe Affiliates who achieve this objective deserve to be compensated.
You may ONLY advertise coupon codes that are provided specifically to you through the affiliate program or network.
1. You may NOT advertise coupon codes obtained from our non-affiliate advertising, customer e-mails, paid search, or any other campaign.
2. On click through, you must link directly to our website. Framing of our website is strictly prohibited.
3. Cookie Stuffing: You must not mislead customers into clicking on an offer or coupon that does not exist or practice similarly deceptive tactics that are generally accepted as “cookie stuffing.” These include, but are not limited to:
1. Using knowingly expired offers or presenting offers that do not exist or are not affiliate offers
2. Making claims that a user must click on a link first to activate or receive an offer.
3. Presenting a button that claims to show all offers that sets the affiliate cookie in the background
4. Technology that generates a click or sets the cookie from the action of copying a coupon code or though a pop under.
Additionally, if your website ranks on the first page of Google for terms related to our website or company name(s) combined the words coupon, coupons, coupon code, promo code, etc and/or your conversion rate exceeds 10%, you may be offered a lower commission than our standard rate to offset the reduced profitably of orders. The current rate is less than 1%.
DOMAIN NAMES
Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited i.e. austlen.website.com or www.austlen-coupons.com.
ADVERTISING & PUBLICITY
You shall not create, publish, distribute, or print any written material that makes reference to our Program without first submitting such material to us and receiving our prior written consent. If you intend to promote our Program via e-mail campaigns, you must adhere to the following:
1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.
2. E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of Austlen.
3. E-mails must first be submitted to us for approval prior to being sent or we must be sent a copy of the e-mail.
REVERSAL & COMMUNICATION POLICY
Austlen takes pride in our very low reversal rate, which we attribute to open communication with our Affiliates. However, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions.
Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.
1. You are not forthcoming, intentionally vague or are found to be lying.
2. You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile.
3. You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.
If any of the above apply, then we reserve the absolute right to reverse orders, set your commission to 0% or suspend you from the program for the period or orders in question. We know that many violations are a result of automated processes; however it is incumbent upon each affiliate to ensure that they have the appropriate checks and balances in place to pro-actively address these issues and adhere to our program rules.
NON DISPARAGEMENT
Affiliate agrees not to disparage Austlen in any manner likely to be harmful to Austlen’s business or business reputation.
PROHIBITION AGAINST SOLICITATION FOR NEW YORK STATE RESIDENT AFFILIATES
As a condition of its participation in the Austlen Affiliate Program, Affiliate agrees that its solicitation activities on behalf of Austlen within the State of New York shall be limited to only providing a link on Affiliate’s website to Austlen’ own website. Affiliate acknowledges that under current New York State law, further solicitation and promotional activities by Affiliate within New York State may render Austlen liable for collecting New York State sales tax on all sales to New York customers. Therefore, as a condition of participation in the Austlen Affiliate Program, Affiliate is prohibited from engaging in any solicitation activities in New York State intended to refer potential customers to Austlen, including, but not limited to: (i) distributing flyers, coupons, newsletters and other printed materials, or electronic equivalents of such materials; (ii) engaging in verbal solicitation, including in-person referrals or initiating telephone calls; and (iii) sending emails intended to refer customers to Austlen. Proof of compliance must be sent to Austlen on an annual basis (by May 31 of each year) or affiliate may be removed from the program.
The following paragraph only applies to affiliates that constitute organizations, clubs and nonprofit groups. Affiliate shall maintain prominently on its website information alerting its members to the prohibition against solicitation activities in New York State as described above.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, AUSTLEN, ITS PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SITES, SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, AUSTLEN SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, AUSTLEN SHALL NOT BE LIABLE TO ANY PARTY FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, AUSTLEN’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL NOT EXCEED THE AMOUNT OF COMMISSIONS YOU EARNED OVER THE TWELVE (12) MONTHS PRECEDING THE CLAIM(S), UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Austlen, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Sites from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service by you or arising from or related to your use or misuse of the Affiliate Program.
THIRD PARTY RIGHTS
The sections titled Limitation of Liability and Indemnification are solely for the benefit of Austlen and its present and future officers, directors, employees, agents, licensors, suppliers, and any third-party providers to the Sites. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf. Except as set forth herein, nothing express or implied in these Terms of Service is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity. You may not assign your rights under these Terms of Service without Austlen's prior written consent.
UNLAWFUL ACTIVITY; TERMINATION OF ACCESS
Austlen reserves the right to investigate complaints or reported violations of these Terms of Service and to take any action it deems appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities. Austlen may discontinue your participation in the Affiliate Program at any time for any reason or no reason. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone participating in the Affiliate Program. YOU WAIVE AND HOLD HARMLESS AUSTLEN AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
REMEDIES FOR VIOLATIONS
Austlen reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service.
SEVERABILITY
All provisions of this Agreement shall be deemed severable and the invalidity or unenforceability of any provision or application thereof shall not affect the validity or enforceability of the other provisions or any other application of the affected provision, all of which shall remain in full force and effect.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of the State of Texas, excluding the choice of law rules thereof. The exclusive forum for any action, suit or other proceeding brought by either of the Parties in connection with this Agreement shall be the state or, if applicable, local courts for Travis County, Texas or, if there is a basis for federal jurisdiction, the United States District Court for the Western District of Texas, Austin Division. Each of the Parties agrees to be subject to the personal jurisdiction of and accept service of process from the courts set forth in the preceding sentence. In the event an action is brought by any party under this Agreement to enforce any of its terms, or in any appeal therefrom, the prevailing party shall be entitled to recover costs and reasonable attorneys’ fees and disbursements to be fixed by the trial court and/or appellate court.