LullaBaby

Welcome to LullaBaby! Thanks for joining our Swaddle Squad Affiliate program ("Program").

These terms and conditions apply to individuals who are accessing or using the Program both as a merchant (“we” or “merchant”) and an affiliate (“you” or “affiliate”) who refers customers to use products or services from the merchant.

By participating in the Program, the Affiliate agrees to use the Program in the manner specified in, and is bound by, these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as an Affiliate or participate in the Program in any manner.

Registration Approval or Rejection

We reserve the right to approve or reject ANY Affiliate Program Registration at our sole discretion. You will have no legal recourse against us for rejecting your Affiliate Program Registration.

Affiliate Links and Coupons

Affiliate links are automatically generated, but can also be generated for a specific product or collection. If a person clicks on someone else’s referral link and then later they click on yours, yours is the one that counts.

Affiliates might or might not be assigned a coupon code with details and usage clarified on the Dashboard. If a customer clicks on the affiliate link and uses a coupon code, you will not receive a double commission. If you’re not assigned a branded coupon, you’re not allowed to promote the coupon.

Affiliates may advertise the merchant website on online channels such as Facebook, and Instagram, or offline channels like magazines and newspapers.

Commissions and Payments

Affiliates earn commissions based on the Commission structure, dependent on order value, and not including extra fees (tax, shipping cost, etc.). To receive a commission, affiliates must specify their payment details in Settings. The payment schedule will be notified on the Affiliate Guide page.

Payments will only be sent for successfully completed transactions. The Affiliate Program is subject to a fair use policy, allowing the merchant to review each referral order. The status of commissions is displayed in the Commission tab, and any paid commissions are listed in the Payment tab. Transactions resulting in chargebacks or refunds will not be paid out.

Marketing Tools

We may share promotional media such as banners, logos, or specific collection promotions with you through the Marketing Tools tab. You can download the media or get the HTML embed code to share on affiliate channels.

Network

If the Network tab is activated, affiliates can invite others to become their downline affiliates. If any downline affiliate brings an order to the merchant shop, the upline affiliate will also receive a network commission, depending on merchant settings.

To invite other affiliates into the system, share the network link. Any other affiliate who clicks on that link and signs up will become a downline affiliate.

Cookie Duration

Affiliates will receive commissions on sales generated through their unique affiliate links for a cookie duration of 30 days. This means that if a customer clicks on an affiliate's link and makes a purchase within the specified duration, the affiliate will earn a commission on that sale.

Self-referral and Promotion Restrictions

Affiliates are not allowed to earn commissions on their own purchases or sign-ups. Any attempts to do so may result in the termination of their affiliate account. Affiliates operating coupon or deal websites must receive written approval from our program before promoting our products or services. We reserve the right to decline or remove affiliates who do not comply with this requirement.

Affiliates are not allowed to bid on our brand name or any variations thereof for pay-per-click (PPC) advertising campaigns. Violation of this rule may result in immediate termination of the affiliate's account and forfeiture of any unpaid commissions.

Content and Promotion Guidelines

Affiliates must adhere to ethical and responsible marketing practices when promoting our products or services. This includes avoiding the use of misleading information, false claims, or spammy tactics. Affiliates must also ensure that their promotional materials comply with all applicable laws and regulations.

Affiliates are permitted to promote our products or services on social media platforms, provided they follow the platform's guidelines and do not engage in spammy or deceptive practices.

Affiliates must comply with the CAN-SPAM Act and any other applicable email marketing regulations when promoting our products or services via email. This includes obtaining the recipient's consent before sending promotional emails and providing an easy-to-use unsubscribe mechanism in each email.

Commission Reversals

We reserve the right to reverse commissions in cases of fraudulent or invalidated transactions, chargebacks, refunds, or any other situations deemed appropriate by the company.

Termination

We reserve the right to terminate an affiliate's account and withhold any unpaid commissions if they are found to be in violation of our program's terms and conditions.

Changes to the Program

We reserve the right to modify or update the affiliate program's terms and conditions at any time. Affiliates will be notified of any significant changes and will be responsible for staying informed about the program's latest terms.

Removal from the Referral Program

If an affiliate wishes to be removed from the affiliate program, they can do so by contacting hello@lullababyusa.com.

Commission Payout Timeline

Commissions will be paid out after a holding period of 30 days from the date of the transaction. This waiting period is implemented to account for any refunds, chargebacks, or other adjustments related to the referred transaction. Once the 30-day holding period has passed, commissions will be processed and paid according to the payment schedule specified on the Affiliate Guide page.

Thank you for joining our Swaddle Squad Affiliate Program! We wish you all the very best. You can always revisit these Affiliate Program terms and conditions in the future, and if you have any questions, you can email hello@lullababyusa.com for support.

This Privacy Policy describes how UpPromote collects, uses, and shares personal data in relation to the Affiliate Marketing System, and the rights granted to merchants, affiliates, and customers regarding their respective data.

By joining the Affiliate program, you signify your approval of the terms set out in this Privacy Policy and other terms and conditions. If you do not agree to this Privacy Policy, you must not use the affiliate marketing system.

We may update this Privacy Policy from time to time to reflect changes to our privacy practices or for other operational, legal, or regulatory reasons. By continuing to use our affiliate program after these changes are posted, you agree to the revised policy.

Legal Basis for Processing Personal Data

UpPromote processes personal data in accordance with applicable data protection laws, such as the General Data Protection Regulation (GDPR) for the European Union and the California Consumer Privacy Act (CCPA) for California residents. We process personal data based on the following legal grounds:

Performance of a contract: We process personal data to fulfill our contractual obligations with merchants and affiliates.

Legitimate interests: We process personal data to pursue our legitimate interests, such as providing and improving our services, ensuring security, and communicating with users.

Consent: In some cases, we may process personal data based on the user's consent, which can be withdrawn at any time.

Personal Information Controller

Any personal information provided to or gathered by UpPromote under this Privacy Notice will be stored and controlled by UpPromote (the data controller).

Information collected from Merchants

When a merchant uses the app, we are automatically able to access certain types of information from your Shopify account such as email, first name, last name, shop information (shop domain, shop currency, shop address, etc.). We collect this information to provide you with our Services; for example, to confirm your identity, contact you, provide customer support when you contact us, and provide you with advertising and marketing activities.

Information collected from Affiliates

When an Affiliate signs up to join a program, we collect some information to inform merchants such as email, personal information, payment details, and social network information. The information helps merchants evaluate affiliate background and potential, along with processing specific activities within the app and contacting the affiliate if needed.

Information collected from Customers when visiting the merchant's website

In order to track referral orders, when customers visit the merchant website and make a purchase, the UpPromote system will collect information about the order, such as total order, order items, and order ID.

About Cookies

“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier.

Cookies are created when a user's browser loads a particular website. The website sends information to the browser, which then creates a text file. Every time the user goes back to the same website, the browser retrieves and sends this file to the website's server.

For more information about cookies, including how to disable them, visit allaboutcookies.org.

Because cookies allow you to take advantage of some of the Affiliate Marketing System’s essential features, we recommend that you leave them turned on.

Information Sharing

Ensuring your privacy is important to us. We do not share your personal information with third parties except as described in this privacy policy. We may share your personal information with third-party service providers who we employ to process specific functions; examples include providing email marketing activity, analyzing data, and other marketing support. Third-party service providers have access to personal information only as needed to perform their functions and they must process the personal information in accordance with this Privacy Policy.

We may also disclose your personal information to any third party with your prior consent.

Use of UpPromote app by Children

UpPromote is not intended for children. If you are under 13, you may use the affiliate marketing system only with the supervision of your parent or guardian.

Data Retention

UpPromote retains personal data for as long as necessary to fulfill the purposes outlined in this Privacy Policy, comply with legal obligations, resolve disputes, and enforce agreements. The retention period may vary depending on the type and purpose of the data.

International Data Transfers

If we transfer personal data outside the country or region where our users reside, we ensure that adequate safeguards are in place to protect the data. These safeguards may include Standard Contractual Clauses approved by the European Commission or other appropriate legal mechanisms.

Your Rights under Applicable Data Protection Laws

UpPromote respects your rights under applicable data protection laws, which may include the right to:

• Access your personal data.
• Rectify inaccurate or incomplete personal data.
• Delete your personal data.
• Restrict the processing of your personal data.
• Obtain a portable copy of your personal data.
• Object to the processing of your personal data for direct marketing or other legitimate interests.

To exercise these rights, please contact us at hello@lullababyusa.com. We may require acceptable verification of your identity before providing access to your personal data. If you are an affiliate, please contact the merchant you interacted with directly, as we serve as a processor on their behalf and can only forward your request to them.

Complaints

If you believe your data protection rights have been violated, you have the right to lodge a complaint with the relevant supervisory authority in your jurisdiction.

Contact Information

If you have any questions about your personal data, this Privacy Policy, or if you would like to file a complaint about how we process your personal data, please contact us by email at hello@lullababyusa.com.