Our Creators are very important to us! We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following Creator terms with you in mind, as well to protect our company's good name. If you have any questions, please don't hesitate to let us know. We are all about straight-forward and honest communication.
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
1. Overview
This Agreement contains the complete terms and conditions that apply to you becoming a Creator in Friday Apparel's Creator Program. The purpose of this Agreement is to allow HTML linking between your site and social media to Friday Apparel's web site.
2. Creator Obligations
To begin the enrollment process, you will complete and submit the online application. Once your application is approved, it does not mean you will stay approved. We may re-evaluate your application at any time. We may react your application at our sole discretion. We may cancel your application if we determine that your social media and content are unsuitable for our Program, including if any content:
- Promotes sexually explicit materials
- Promotes violence
- Promotes hate
- Promotes discrimination based on race, sex, religion, gender, nationality, disability, or age
- Promotes illegal activites
- Incorporates any materials which infringer or assist others to infringer on any copyright, trademark or other intellectual property rights or to violate the law.
- Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
- You may not create or design your website or any other website you operate, explicitly or implied in a manner which resembles our website, nor design your website in a manner which leads customers to believe you are Friday Apparel or any other affiliated business.
As a member of Friday Apparel's Creator Program, you will have access to a Creator Account Manager. Here you will be able to review our Program's details, and download your HTML code and coupon code. In order for us to accurately keep track of all guest visits from your site and social media to ours, you must use the HTML code that we provide for you for each swipe up, bio link, banner, text link, or other affiliate link you share. If you do not have a Swipe Up feature on Instagram, you can add your link to our bio, or use your affiliate coupon code for tracking.
Friday Apparel reserves the right, at any time, to review your placement and approve the use of your links and require that you change the placement or use to comply with the guidelines provided to you.
3. Friday Apparel's Right and Obligations
We have the right to monitor your site and social media at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site or social media posts that we feel should be made, or to make sure that your links to our web site are appropriate and to notify you further of any changes that we feel should be made. If you do not make the changes to your site or social media posts that we feel are necessary, we reserve the right to terminate your participation in Friday Apparel's Creator Program.
Friday Apparel reserves the right to terminate this Agreement and your participation in Friday Apparel's Creator Program immediately and without notice to you, should you commit fraud in your use of Friday Apparel's Creator Program, or should you abuse this program in any way. If such fraud or abuse is detected, Friday Apparel shall not be liable to you for any commissions for such fraudulent sales.
This Agreement will begin upon our acceptance of your Creator application, and will continue unless terminated hereunder.
4. Termination
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice via email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
5. Modification
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifcations may include, but are not limited to, changes in the payment procedures and Friday Apparel's Creator Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Friday Apparel's Creator Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
6. Access to Creator Account Interface
You will create a password so that you may enter our secure Creator Account Interface. You will be able to receive your reports that will describe our calculation of the commission due to you.
8. Promotion Restrictions
You are free to promote your own web site and social media, but naturally any promotion that mentions Friday Apparel could be perceive by the public as a joint effort. You should know that certain forms of advertising are always prohibited by Friday Apparel. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. In addition, you may not advertise in a way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use email newsletters to customers to promote Friday Apparel, so long as the recipient is already a subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. You may post to Facebook groups to promote Friday Apparel, so longs as the Facebook group specifically welcomes commercial messages. At all times, you must clearly represents yourself, your web site and your social media as independent from Friday Apparel. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in Friday Apparel's Creator Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
You are not allowed to share your HTML link or coupon code on any coupon sharing site, such as RetailMeNot.com, CouponCabin.com, Groupon.com, etc. If if it comes to our attention that you are placing your HTML link or coupon code on these sites, we will request immediate removal of the code, with a warning to your Creator account. If your HTML link or coupon code continue to appear on these sites, we will consider that cause for immediate termination of this Agreement and your participation in Friday Apparel's Creator Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable sharing of HTML links or coupon codes.
9. Grant of Licenses
We grant to you a non-exclusive, non-transferable, revocable right to (I) access our site through HTML links solely in accordance with the terms of this Agreement, and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Friday Apparel's Creator Program. You agree that all uses of the Licensed Materials will be on behalf of Friday Apparel and the good will associated therewith will inure to the sole benefit of Friday Apparel.
Each party agrees not to use the other's proprietary materials in a manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the property materials covered by this license. Other than the license granted in this Agreement, each party retains the right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
Any content, photos, and videos created by you will be shared with Friday Apparel for use on our social media, web site, marketing promotions and email campaigns. We will tag you on all promotions, where we can. Some email and web site marketing can not have tags, and you agree to your content being shared without your tag. As much as Friday Apparel possibly can, we will appropriately give credit and tag Creators!
10. Disclaimer
FRIDAY APPAREL MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTIES REGARDING FRIDAY APPAREL SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THERIN, ANY IMPLIED WARRANTIES OF FRIDAY APPAREL'S ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
11. Representations and Warranties
You represent and warrant that:
- This Agreement has been duly and validly executed and delivered to you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
- You have the full right, power and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
- You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
12. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT OR MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL FRIDAY APPAREL'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID OT YOU UNDER THIS AGREEMENT.
13. Indemnification
You hereby agree to indemnify and hold harmless Friday Apparel, and subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referees to as "Losses") insofar as such Losses (era actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringe on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right oa ny third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made b you herein, or (iii) any claim related to your site or social media, including, without limitation, content therein not attributable to us.
14. Confidentiality
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement, which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
15. Miscellaneous
You agree the you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Friday Apparel. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or social media, that reasonably would contradict anything in this Section.
This Agreement represents the entire agreement between us and you, and shall superset all prior agreements and communications the parties.
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