Roam Homegrown, LLC Publisher Program Terms
Please read the following Program Terms carefully before applying to join our Advertiser Program. These Program Terms are written to ensure the success of our Roam Homegrown, LLC as an Advertiser and our valued Publishers and no Publisher is authorized by Roam to participate in its Advertiser Program without accepting these Program Terms in their entirety. It is each Publisher’s responsibility to ensure compliance with these Program Terms at all times.
Publisher agrees that a material term of its participation in Roam’s Advertiser Program is that Roam Homegrown, LLC becomes a third-party beneficiary to the Standard Terms for Publishers (“Standard Terms”) agreement Publisher has entered into with Awin, Inc, UpPromote, Inc, and any other UpPromote Group Company applicable to the Publisher's participation the Network and this Program. Publisher acknowledges that while Section 8.1 of the Standard Terms states no contract is created with Advertiser merely via Publisher’s participation in the Network, Publisher agrees that these Program Terms go beyond Publisher’s mere participation in the Network, and is instead an additional contract, approved and acknowledged by Awin, Inc, UpPromote, Inc, and any other UpPromote Group Company and Publisher, creating binding terms enforceable by Roam.
By applying and participating in our Program, Publisher agrees that these Program Terms are legally binding on the Publisher both as between Publisher and Roam, and by virtue of their incorporation by reference into the Standard Terms. Therefore, all promises and obligations between Publisher and Awin, Inc, UpPromote, Inc, and any other UpPromote Group Company are hereby incorporated into and made equally applicable as between Publisher and Advertiser, and as such the Standard Terms are incorporated herein by reference. In the event of a breach of the Standard Terms or these Program Terms, Roam shall have the right to pursue legal action to protect and enforce its rights as a third party beneficiary of both these Program Terms and the Standard Terms. In the event of any conflict between these Program Terms and the Standard Terms, these Program Terms shall take precedence unless the Standard Term would result in a more favorable or protective outcome for us.
Thank you for your interest in our Program. We look forward to working with you.
ELECTRONIC AGREEMENT AND ACCEPTANCE OF TERMS
By submitting an application for our Advertiser Program, in any manner indicating assent to participate in Roam’s Advertiser Program, and/or by performing as though such has occurred, Publisher signifies its acceptance and agreement to these Program Terms which shall be effective and binding upon the Publisher. Publisher and Roam hereby agree to conduct business electronically.
DEFINITIONS
Unless otherwise defined herein, capitalized terms shall have the same definitions assigned to them as the Standard Terms for Publishers (“Standard Terms”) agreement Publisher has agreed to with Awin, Inc, UpPromote, Inc, and any other UpPromote Group Company applicable to the Publisher's participation in the Program.
As used in the below Terms: (i) "Roam," "We," "us," or "our" refers to Roam Homegrown, LLC. (ii) "You" or "your" refers to the Affiliate (iii) "Our Website" refers to the Roam properties located at https://roamhomegrown.com/ iv) "Your Website" refers to any Publisher Service that you will link to our Website; "Program" refers to the Roam Homegrown LLC Advertiser Program.
ENROLLMENT
Please include all Publisher Services that you would use in conjunction with our Program if accepted for participation in our Program in your application. After receiving your application, we will review your Publisher Services and notify you of your acceptance or rejection into our Program. Please allow up to 48 hours (Mon-Fri) for your application to be approved. We reserve the right to reject any application. If you are rejected, please contact us if you feel we have made an incorrect decision. Any such contact does not in any way obligate Roam to change its decision with respect to your application.
LINKING TO OUR WEBSITE
Upon acceptance into the Program, Advertiser Materials will be made available to you through the Affiliate Window interface. You agree that you will only use linking code obtained from Affiliate Window without manipulation. Also, please ensure that all Publisher Services where you use our link are listed in your affiliate network profile.
You hereby agree that your Publisher Services will not in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, framing of our Website in any manner. Cookie stuffing, pop-ups, and false or misleading links are strictly prohibited. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e., the page from where the click is originating). Using redirects to bounce a click off of a domain where 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. 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:
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You may not bid on any of our trademarked terms, including any variations or misspellings thereof for search or content based campaigns on Google, Yahoo, Bing, Ask or any other platform or network.
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Affiliates are not permitted to bid on any of our trademarked terms, the Roam Homegrown brand name, use any misspelled or variation thereof, including all references to Roam and/or sites/URLs or at any time be seen bidding against Roam’s own Search Engine Marketing activity.
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You may not use our trademark terms in sequence with any other keyword (i.e., Roamhomegrown.com Coupons).
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You may not use our trademarked terms in your ad title, ad copy, display name, or as the display URL.
If you automate your PPC campaigns, the responsibility is on you 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.
Trademarked & Copyright Terms: Roam retains all Intellectual Property Rights in any and all materials, information, and websites shared with or available to the Publisher including but not limited to the Advertiser Materials. Nothing in these Program Terms conveys any ownership rights in Roam Intellectual Property Rights. Publisher is granted a non-exclusive, revocable license to use the Advertiser Materials in accordance with these terms and the Standard Terms.
COUPON GUIDELINES
If you are enrolled in our Program, and your Publisher Services promotes coupon codes, you must adhere to our Coupon Guidelines as follows:
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You may ONLY advertise coupon codes that are provided to you through the Affiliate Window.
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You may NOT advertise coupon codes obtained from our non-affiliate advertising, customer e-mails, paid search, or any other campaign.
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On click through, you must link directly to our website. Framing of our website is strictly prohibited.
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Cookie Stuffing: You must not mislead customers into clicking on an offer/coupon that does not exist or practice similarly deceptive tactics which are generally accepted as "cookie stuffing." These include, but are not limited to using knowingly expired offers, presenting offers that do not exist, presenting a button that claims to show all offers which sets the affiliate cookie, and technology which generates a click/sets the cookie from the action of copying a coupon code.
Unless you have been given express written permission, if you are found to be engaging in any of the aforementioned practices, we reserve the right to reverse any/all sales generated. Only discount codes approved for the Publisher channel will be approved at the full 20% Commission. Transactions including non-Affiliate approved discount codes, excluding Refer a Friend (“RAF”) codes, will still be honored at a lower Commission rate of 10%. Please note that all transactions that include an RAF code or non-affiliate approved discount codes from incentive sites (voucher/cashback) will be declined.
If your Publisher Services participate in forums where active users of your Website can submit coupon codes, it is your responsibility to ensure that the coupon codes submitted do not violate our Coupon Guidelines.
Transactions including non-affiliate approved discount codes will be honored at a lower Commission rate of 10% ONLY for Content Affiliates.
Commission will only be awarded for promotional offers on Affiliate Window. Manually entered promotional codes, or offers promoted elsewhere will not be awarded Commission.
DOMAIN NAMES
Use of any of our copyrighted & trademarked terms as part of the domain or sub-domain for your Publisher Services, including any websites, is strictly prohibited.
ADVERTISING & PUBLICITY
You shall not create, publish, distribute, or permit any written material that makes reference to our Program without first submitting such material to us and receiving our prior written consent.
If conducting e-mail campaigns:
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E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of Roam.
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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.
Publisher shall alert ROAM homegrown about any negative comments so that we may address them personally.
MESSAGING GUIDELINES
All product messaging should be consistent with the messaging and guidelines utilized by Roam on its Website and in the Advertiser Materials. Publishers are encouraged to share the following types of messaging:
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Candles: pure soy wax and phthalate-free fragrances
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Candle care tips: trim your wick each time you light your candle, keep away from drafts, let your candle burn for 3-4 hours.
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Artisan-crafted in Austin, Texas
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Women-founded small business
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Gift boxes: just a handful of clean, natural ingredients and pure essential oils.
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Candles and gifts that offer calm in the chaos
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Gifts that promote relaxation and self-care
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Elevate your home with luxe soy candles
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Details around our scent notes and positive feelings the evoke
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Details around our authentic fragrance blends and their hot and cold scent throw
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Details around the burn time, size and weight of our candles as specified in their product descriptions
Publishers shall not share the following of messaging:
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Any claims about our products to treat or cure an illness
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Any claims about the ingredients in our products to treat or cure an illness
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Any misleading candle information that would result in an unsafe environment or fire hazard, such as leaving the candle burning when you are not home or around small children.
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Negative information or hearsay about our products.
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Negative information or hearsay about competitor products in relation to our products.
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Negative information about our ingredients in relation to our products.
LEGAL COMPLIANCE
Publisher is responsible for compliance with any and all laws applicable to our Program in all of its activities associated with the Program, including but not limited to all Advertising Standards, Data Regulations, FTC Guidance, and law applicable to our Program, including but not limited to, as applicable, the U.S. CAN-SPAM Act, Children's Online Privacy Protection Act (COPPA) Canada’s Anti-Spam Legislation (CASL), FDA regulations, the EU General Data Protection Regulation (GDPR), and the California Consumer Privacy Act (CCPA), each as amended from time to time.
DATA PRIVACY
Publisher will at all times during participation in the Program, maintain appropriate technical and organizational measures to protect any end-user data that it uses, collects, accesses, or processes in connection with its participation in the Program against unauthorized or unlawful collection, use, disclosure, processing, or alteration. Publisher shall, in all instances, collect and process data in accordance with all applicable laws, rules and regulations, and the requirements of the Standard Terms. Publisher is responsible for any breaches of Data Regulation in connection with the Program. Publisher shall only share third-party information with Roam, for which it has all appropriate consent.
INDEMNIFICATION &LIMITATION OF LIABILITY
Publisher will indemnify, defend and hold harmless Roam Homegrown, LLC, including its officers, employees, agents or contractors, from and against any claims, costs, damages, losses, liabilities, and expenses (including legal fees) relating to any claims, actions, suits or proceedings arising out of Publisher’s acts and omissions related to its participation in the Program and Publisher's breach of these Program Terms or the Standard Terms.
Roam’s total liability with respect to any and all claims brought with respect to Publisher’s activities related to the Program is limited to the Commissions paid to the Publisher within the six (6) month period of time preceding the date on which the claim arose.
PROGRAM TERM UPDATES
Program Terms may be updated by Roam at any time without notice. It is the Publisher’s responsibility to regularly review the Program Terms for updates thereto. Publisher’s continued participation in the Program shall signify Publisher’s agreement with any and all updates to the Program Terms. In the event Publisher disagrees with any update to the Program Terms, Publisher’s sole remedy is to terminate its participation in the Program.
Version Date: December 1, 2022
